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01-10-83 agendaX17 CITY OF RICHFIELD, MINNESOTA is Office of City Manager Council Letter No. 25 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: City Manager Compensation An item has been listed on the January 10, 1983 city council agenda for consideration of the compensation package of the city manager. The normal date of salary review is scheduled for January 1 of each year. I have enclosed a salary survey showing the existing salary situation in cities over 25,000 population in the metropolitan area. In addition to salary, it is necessary to look at the • pension contribution for city managers, since some cities con- tribute more or less than the normal contribution as deferred compensation to their city manager. While the 1982 salary of the city manager in Richfield is 2.8% behind the average of these cities and ranks 12th out of 15, the salary plus retire- ment contribution is .3% behind the average and ranks 9th out of 15. In order to meet what appears to be the 1983 average salary, it would require a 8.5% salary increase; however, a 5.9% increase, or $3,13J,is needed to meet the salary plus retirement average'.-That would leave the ranking as 9th out of 15. Richfield is the 6th largest city in this group. On an internal comparison basis, our management pay plan was adjusted by an average 5.2% for 1983 with the lower end of the plan receiving 5.5% pay increases, and the highest end re- ceiving 5.0 %. This means that high level employees who are in the mid -point of their salary range (such as I am as it relates to city manager positions), would be eligible for pay increases as follows: Unsatisfactory 0% Adequate 3% Standard 5% Above Standard 7% Outstanding 9% Very few employees are rated as outstanding. There are a number of areas of compensation that the council might like to • • Council Letter No. 25 -2- January 10, 1983 consider; salary, retirement contribution, car allowance, vacation, civic organization memberships, and health /dental coverage for deductibles. I would suggest that the city council not increase the salary by more than 3 %, and allow any additional increases in these other compensation areas. Respectfully submitted, kLL Karl Nollenberger City Manager KN /eja U -7.77 \j oro x m 3 n ro 3 (n n m x w m ro w Cn C (D N N SL O t t i N• rt t l �-t O (:= 0i W Ai (D ri n SL NO O N O �:5 '•C O (n i-t N. '•C O PI n ::; . H. 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A public hearing and second reading consideration of the above noted cable television franchise ordinance amendment has been scheduled for the January 10, 1983 city council meeting. • Since the introduction of this ordinance amendment in November, 1982, some of the other cities in the Southwest Suburban Cable Commission have expressed concert, with some of the language contained in this ordinance amendment, and have requested that the matter be returned to the cable commission for further re- view and study. Therefore, it is recommended that no council action be taken at this time. Once the ordinance amendment has been reviewed by the Southwest Suburban Cable Commission and the appropriate changes made, it will be brought back to the city council for first reading consideration again. KN/ ej a • Respectfully submitted, Karl Nollenberger City Manager • ORDINANCE NO. • AN ORDINANCE TO AMEND THE CABLE TELEVISION FRANCHISE ORDINANCE PROVIDING FOR ADMINISTRATIVE VARIANCE IN CERTAIN INSTANCES AND DESCRIBING FINDINGS REQUIRED; ADDING NEW ARTICLE XV. TO ORDINANCE NO. The City of hereby ordains that Ordinance No. of the City is amended by adding Article XV thereto as follows: ARTICLE XV* ADMINISTRATIVE VARIANCE PROCEDURE Section I. Purpose and Intent. It is the purpose of this Article to establish a procedure that will provide flexibility in the administration and enfor- cement of this Franchise without the need for costly ordinance amendments and delays. Changes in the Offering of Grantee that are not inconsistent with the requirements of this Franchise may be approved by the Council pursuant to this Article. Section II. Matters Subject to Variance Procedure. Any change, alteration.or substitution in the Offering shall be made only after compliance with the provisions of this - article. No changes, alterations or substitutions may be made pursuant to this article except those relating to: A. Construction techniques, equipment, materials; and /or the design and development of buildings, appurtenances, or other real or personal property incident to the cable system; B. System design and configuration, technical standards, performance tests and maintenance procedures; C. Services and programming tiers; D. Public access or local origination equipment, personnel, facilities, and operating procedures; E. Subscriber practices, including complaint procedures, subscriber contracts, repair service, and information to" subscribers; and -1- F. Amounts of insurance, performance bonds, security depo- • sits or letters of credit, and accrued interest. Section III. Procedure. Application for Variance Applications for variance shall be filed with the Administrator on forms provided by the Administrator and subject to the following procedures: A. The Franchise fee collected by Grantor shall be used to cover the expenses incurred by Grantor in processing the applica- tion for variance. B. The Administrator shall give notice of the application to the Council, cities having a similar franchise, and Grantee of the date, time and place of the hearing on the application. Notice of the hearing shall be published once in the official newspaper at least seven (7) days prior to the hearing. The hearing shall be held no more than sixty (60) days after the date of receipt of the application. C. The Administrator shall review the application and pre- pare a recommendation to the Council prior to the date of the hearing. D. Following the public hearing, at which all persons shall have an opportunity to be heard, the Council may grant a variance.. E. Upon a vote of two-thirds-(2/3) of all the members . of the Council, the variance application may be approved.. In granting a variance, the Council may amend the variance sought in the application and may attach such conditions.to the granting of the variance as the Council deems to be in the public interest. Section IV. Findings Required. No variance shall be granted unless, in the sole discretion of the Council, all of the following circumstances, where , appli - cable, are found to exist: A. The requested variance is a minor deviation from the Offering and is consistent with the Franchise. B. Strict compliance with the terms of the Offering may result in a hardship to the applicant and granting a variance will not be detrimental to other affected parties, the City, or the public. 0 -2- • • C. Due to expense or delay, it would be unreasonable to perfect such change by ordinance amendment. D. Undue delay, expense or other adverse results will not occur as a result of approval of the required variance. E. The variance will not result in a reduction in technical standards or cost efficiency. F. The variance will not result in a deviation from the requirements of the MCCB or FCC or any other rule or law. G. The variance is not subject to approval of a city having a similar franchise. -3- RESOLUTION DELEGATING AUTHORITY TO THE SOUTHWEST SUBURBAN CABLE COMMISSION TO ACT AS HEARING OFFICER FOR THE PURPOSES OF THE FRANCHISE ORDINANCE ADMINISTRATIVE VARIANCE PROCEDURE AND TO GRANT VARIANCES TO THE FRANCHISE ORDINANCE AFTER REVIEW OF FINDINGS OF FACT WHEREAS, the City of has entered into a Joint and Cooperative Agreement to create the Southwest Suburban Cable Commission; and WHEREAS, under the terms of the Joint and Cooperative Agreement, City has delegated authority to the Southwest Suburban Cable Commission to enforce and administer the cable franchise operating in the City; and WHEREAS, the member cities and the Commission have estab- lished an administrative variance procedure to review requests for variances from the franchise ordinance; and WHEREAS, in the interests of efficiency, the Commission is the appropriate entity to review variance requests on behalf of all of the member cities; NOW, THEREFORE, BE IT RESOLVED by the Council in a regular meeting assembled that the Commission is hereby authorized to act on behalf of the City to perform the functions of a Hearing Officer to review and process requests for variances from the cable franchise ordinance that affect two or more member cities; BE IT FURTHER RESOLVED, that the Commission is hereby authorized to grant variances to the franchise ordinance, after proper review and consideration of findings of fact regarding the variance when said variance affects two or more member cities; BE IT FURTHER RESOLVED, that City is hereby authorized to grant variances to the franchise ordinance, after proper review and consideration of findings of fact regarding the variance when said variance is unique to City and does not affect other member cities. PASSED AND ADOPTED this ATTEST: Secretary day of , 1982. By Its: 0 Ll r Y SAW I s lit 's l t sj OWN 1 a too, son i t r n �'r1 � e,L _i 3 N; (I J 4 not Y SAW I �C lit " l t i a Y SAW I J l t i a n �'r1 � e,L _i CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 23 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Outdoor Advertising Display (Billboard) Regulation Ordinance Amendment. Second Reading. On November 22, 1982, the city council gave first reading to an ordinance amending the sign ordinance provisions pertain- ing to outdoor advertising displays (billboards). Second read- ing and the public hearing on this matter have been scheduled for January 10, 1983. SThe city staff has continued to refine the ordinance through meetings with representatives of Naegele Outdoor Advertising and the city attorney's office. The following is a summary of the major changes which have been made since the ordinance was given first reading: 1. All references to "billboards" have been changed to "outdoor advertising displays "; 2. Notice of the public hearing required before the issuance of sign permits for outdoor advertising displays will be sent to property owners instead of occupants; 3. Sign permits issued for outdoor advertising displays will no longer be subject to renewal after 5 years; 4. The maximum sign area for each sign face of an out- door advertising display has been reduced from 825 square feet to 750 square feet; 5. The spacing requirement of outdoor advertising dis- plays from residentially zoned properties has been clarified to say that the sign faces of outdoor ad- vertising displays cannot be visible from the bound- ary of any residentially zoned properties within 300 feet of the outdoor advertising display; • 6. The maximum height of an outdoor advertising dis- play which the city council could approve if certain conditions are present has been increased from 40 feet to 45 feet; Council Letter No. 23 -2- January 10, 1983 7. Non - conforming outdoor advertisin g displays be "grandfathered in ". They will nolonger have to be removed within five years of the effective date of the ordinance. It is recommended that the city council conduct the public hearing on this matter and give second reading approval to the attached ordinance. `Respectfully submitted, Karl Nollenberger City Manager cc: Community Development Director City Planner KN /eja 0 • 0 0 9 O Al`4END`IE'NT TO CHAPTER III , PART V, OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA City of Richfield Does Ordain: Chapter III;. Part V, of the Ordinance Code of the City of Richfield entitled "Signs and Billboards" is hereby amended as follows: I. By amending Section 3.47 thereof in the following respects: 1. The first sentence of Subdivision 1 thereof is amended to read as follows: Subdivision 1. Definitions. The following terms shall have the meanings ascribed to them in this section and in sections 3.48 and 3.49 of this Code: 2. Paragraphs (2), (4), and (5) of Subdivision 1 are here- by amended to read as follows: (2) "'Advertis nn Sign, -- dveYti-s_ng' means a sign the primary unction of which is to direct attention to a commercial product,_commercial service or commercial activity that is sold et offered, or conducted either elsewhere or upon the premises where such sign is located, or to which it is affixed. (4) "' Situs Sign;- ?ne?eat €eater' means a an advertising s e- ident.gy -a res- elent4!al,- eeniteee -aI; -er -pe lie- er -se.,CRe- etzi�� e- ese- deeate-d-area- the- gremTSes- where- etdei: -e-1:g�t �s- ?eea*�e�;- er -te- Katie- sttei�- see-- e- a- = ==�e�. which is located upon the premises where the advertised business activity, use, product, services, entertainment, commod- ities are sold, conducted or offered and which does not come within the definition of "outdoor adverti ing -is play" as defined in paragraph (5) or this subdivision. S�g�s- �eer:te €� }rig- ee�.�aere gat -eses -tau- eater- aeteaeeaa - =e the- preeeet;- ser��ee -er- get }�it�- �a:��e� -es- sere- er -e == "errs erc- the- re�t�ses. Situs signs identifying industrial uses may also call attention to the product, goods or material WI-lich is produced, arseeasee- or assembled ar- stefee -ever. on the premises." * 7C 3 (5) 'Outdoor Advertizing Display' means an advertising sign. 'seeated - @ =- tie- pfe�tses- here -�.�e bttt- :het- :�eees9a� }ti - ew�ed- by- u�- ad�e�t_si:�g- eex�pa:��- which advertises businesses, uses, products, services, entertainment, commodities or other activities. not przmarilY or exclusively sold, offered or conducted at the premises where the sign is located The term shall not include the names of businesses, or the products or services offered by such businesses, having multiple locations under the same business name if the advertising sign is located on the advertise any other location. 3. Subdivision l is herebv amended by adding thereto the following new paragraph (17): "(17)'Freestanding Sign means a Sian attached to the ground on its own structures and which is not attached to any building or building structure." II. By amending Section 3.49 thereof in the following respects: 1. By amending Subdivisions 2, 3, 4, 5, 6, and 8 thereof to read as follows: "Subd. 2. Ground Signs. No ground sign, signboard, er-- ��-T -- beaYd et i shall exceed 27 fen height above the average ground level of that part of the street toward which it faces, nor shall such structure exceed 65 feet in length (including the base there- of) unless a special permit therefor has been granted as herein- after provided. Every ground sign or signboard er- bi- Ilbeard except temporary ground signs shall have a space of at least 2 feet between the lower edge thereof and the ground, which space shall not be closed in any manner. The provisions of this subdivision do not apply_to outdoor adverti,­'in displays." y "Subd. 3. Special Permit. The council may grant a special permit for a ground sign ;- s:gt�ea d -_a _�} =beg d exceeding 63 feet in length, but only if it finds that such structure (1) will not be lighted or illuminated; (2) will be located on general commercial or industrial property and at least 190 feet from the street or highway which it faces; (3) will not be faced toward any residences or residential property and will not be within 200 feet of any residential properties; (4) will not undi:ly obstruct visibility of neighboring property; (5) will bear only the name of the business or industry being conducted on the property on which it is located; and (6) will rot adversely affect the value of any adjacent property. The provisions of this subdivision do not apply to outdoor advertizina displays." "Subd. 4. Special Permits - Heiaht. The council may grant a special permit for a ground sign;- s ;ge9ed_e_e !Head exceed- ing 27 feet in height, but only if it finds that such structure r: (1) if located or_ property adjacent to a federal freeway, will not exceed 35 feet in height or the highest part of any building located on the same premises; :whichever is higher; - e:�eept- tsat -a ea;a -ne e-e °edi:� .Aeig° =- :�a1- 'se -a?? sewed- e�dee- =?�e- =sllec�_ag- ee:�d� {a }- -c;�e- sigma -y =z }- Ise- �?ea�ee- a�j'•aee:��- �e- a- fede�a� =�ee�aau- { � }-- 4?�e- s��a- :����- �et- e�eeed- Sig- e�ea�e- fee* - =� -area pew- siga- =gee;- ti Pfal- he }ejht- ia- neeeeear -y- tA-- insure adequate- yisiiility- =rest- tine -ae� aeet- =edera3- f eeec,�au ; - { f}-- �: s- e® ��eeetis�- �aith_tbe- eeeet�eet_s�: -af- ��re -ee�: 5 4:ef:3; — aft— eMietipg- s =eR- eF:eeedial- the- he -3-3 € eet- wizi- �e- ee:�e�ed- et- a- ieeatiea- wit�:i�: -tote ee Eve eate- iimite -ei- the- Eity- es- Riehf }eid • (2) if not located adjacent to a federal freeway, will not exceed in height the highest part of any building located on the same premises; (3) will he located on industrial property; (4) wi 1? not be wit: in 300 feet of 'ary single farr.ily residence property; (5) will not unduly obstruct visibility from neighboring properties; (6) will not in any evert exceed elevation of 204, Richfield datum; and (7) will not adversely affect the value of any adjacent prop- erty. If the sign for which the special permit is issued is a double -faced sign the council may permit the sign to have screen- ing standing not more than. 10 feet above the face of the sigh_, in addition to the maximum elevations hereinbefcre specifiea; pro- vided that such screeninc must consist of a plain rretal surface bearing no advertising matter, lettering or writing. The orovi- sions of this subr?ivision do not apaly to outdoor adver71zina displays." "Subd. 5. Application to Council for Permits. The council may attach ccnditZons to the granting of any such penr.it; such permit shall be for a period of no more than five years. At the end cf the permit pericd, the sign shall not be retained on the orerrises but shall be reiroved by the property owner unless a new special permit therefor has been granted. The application for any such structure shall describe the sign;- siebea�d,- e-= ?- ibeard in detail, including the copy to be used thereon, and such sign shall be constructed and maintained, during the oerrrit pericd, in accczdance with and subject tc the application and any special conditions imposed by the council. The orovisions of this sub - d�v�sicr, do act appi�� to outdoor advertizincr disrlays." "Subd. 6, Conditions for Special Per -lit. The council may attach conditions to any such special permit. id such permit shall be for a period of more than five years. o the end of the permit period, the sign shall not be retained on the premises but shall be removed by the property owner unless a new special permit therefor has been granted. The applicant for any such structure shall describe the sign,-- 9- gnbeeYd;- ey- z�:?bearr in detail, including the copy to be used thereon, and such s)*crn shall be constructed and maintained, during the permit period, in accordance with and subject to the application and any special conditions imposed by the council. The provisions of this sub - division do not apply to outdoor advertiz -ing -d-j--splays." "Subd. 8. E�earer: ee- e�- 8�:9- ye- i= eeII��ea�- EAr;d>;etes- '.e- b; eiea! ? wee- e$-3ny- 9tin- �-r eR i- uRI-9reteAtcF'+_elee =iF4ea=I ee !ewetJ 9- =?yet eY- s?- e9- ee- etAer- }Rstal =at -ens } - shall -be -net 1e99- 9c4- �-4'e- _iP te eer a- A �° .•eaxYU_ a- ,yet -e ex- 6$8- ?9�-�9 and - 418- 'inei?e9- @=1 -e endue ter9- eA�a�uy_Meffe- =144x:'!- �F+�- TaTA��3- Q��a�. �OV�7�- 'C�S1r•tC�- �iSP�� General Reauirements and Restrictions. (1) Permit Reauired. No outdoor advertizina display may be established in the city unless a permit is first obtained. Pernits may be issued by the city council only after a public hearing preceded by the awing • of 10 days not2.ce mailed to the owners of ail properties located in whole or in part within 660 Beet of the proposed outdoor advertia 1ng display The council mav� attach. conditions-upon the arantl ncr of any permit. (2)--The following regulations ap_p1y . all outdoor adver- displays with. -in the city. (a) Outdoor advertizina displays are permitted only in the C -2, PC -2, I and P -1 azstricts of the cite. (b) An outdoor advertizina display may not exceed 750 sc-uare feet in sign area per si an faces (c) An outdoor advertizina display may have no more than 2 sign _aces. d) All outdoor advertizina diplays will be freestand- ing signs either supported by a single or double column or some other support which has all struc- tural and support members screened from view from all directions. (e) Outdoor advertizina displays may not be located closer than 1,000 feet apart as measured along the same side o the same _oadway. • (f) The sign face of outdoor a(lvertizing displays must not be visible from the boundary of any residentially zoned crocerty which is located entirely or oartially_ wit .hi n 300 feet o= the sign face. (g) Outdoor advertizing displays may not be located with in 300 feet of any school or church. (h) Outdoor advertizina displays must comply with the setback requirements for buildings in the zoning district in which they are located. Any variance from those requirements will be subject to the procedure established in the zoning code for such variances. (i) No outdoor advertizina displays may exceed 27 feet in height above the around level of the nearest street towards where it faces. The Council may permit an increase in the allowable height to a maximum of 45 feet in the event that the following findings are made. i) As a result of unique circumstances; a sicrn 27 feet in height could not be located on the premises so as to be visibie _rom the abutting street >hich it faces or that v:.szbilzty CZ the sia_n from such street could be substan- tial7.y obstructed. i.i) The increased height of the sign would be unlikely to have any adverse or detrimental impact upon traffic safety, nedestrian safety, aesthetics, or the value of other properties within the area (j) No outdoor advertizina dismlav may exceed 65 reet in lenath. " (4) Non - conforming Outdoor Advertizina Displays. Outdoor Advert�zir"g Displays lawfully erected and located on the effective date of this section_ mav_ continue subject to the following limitations: (a) Except as provided in Subdivision 9 of this ordinance, no non- conformincr outdoor adver- tizing display may be expanded, rebuilt, re- located or a terea w thout beina brought into conformity with the requirements or- this ordinance. (b) Any outdoor advertizing display which is not used for acvertsna purposes for a period of more than two years shall be deemed abandoned and must be removed loy the owner of the parcel on wh_c_h ' t i s located. 2. By adding to Subdivision 7 thereof the following new paragraph (6): (6) The minimum clearance of anv sign from unprotected el.ec_`4 cal conductcrs Doles whether ( c_ tether ir_s lations) shall be not less than 36 inches for con doctors carrying not over 600 volts, and 48 inches from conductors carrving more than 600 volts." III. By amending the title of Part V and the title of Section 3.47 to read as follows: "PART V SIGNS "3.47. REGULnTION OF THE USE OF SIGNS s?Fr'3- t7�abE8zR�8 " Pased by the City Council'of the City of Richfield, Minnesota s day or- 1982. John Hamilton, Mayor rnrr+ TEST: Sylvia Bergh, C':: ter Clerk W • • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 22 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Application for On -Sale Liquor, Sunday Liquor, and Gambling License, VFW Fred Babcock Post 5555 Mr. Robert Fritzke, board member of the VFW Fred Babcock Post, has submitted applications for on -sale liquor, Sunday liquor, and gambling licenses for 1983. According to Minnesota Statutes, municipalities now issue on- sale liquor licenses to congressionally chartered veteran's or- ganizations which have been in existence for ten years. The VFW falls into this category, and the City of Richfield is responsible for issuing their liquor licenses for the first time in 1983. The organizational structure of the VFW is as follows: Leo M. Leinenger, president; Donald Langaard, vice - president; Merve E. Mosher, secretary; and Robert M. Fritzke, treasurer. All officers are residents of either Richfield, Minneapolis, or Edina, and every year elections are held to fill each position. It is our understanding that traditionally officers advance upward every year from the position of treasurer, so the only position not filled by a person already on the board the previous year would be the position of treasurer. This, however, is only tradition and is not mandated by VFW by -laws. None of the current board members have any known criminal record. The financial report was prepared by the treasurer, Robert Fritzke, who is not a certified public accountant. It appears that a CPA firm does not regularly audit the financial records of the organization. It is the recommendation of the public safety department, that next year a meeting be arranged between public safety officials and the VFW to resolve this concern. The statement prepared by Mr. Fritzke covers the period July 1, 1981 through June 30, 1982. Total sales were $836,558; with food sales totalling $400,732, (47 %), and beverage sales in the amount of $435,826, or 52% of total sales. All public and liquor liability insurance is carried through the David Agency of Minneapolis and is carried with the Aetna Casualty and Surety Company. The coverage afforded appears to Council Letter No. 22 -2- January 10, 1983 meet ordinance code requirements with the city listed as an additional insured. The required "Club On -Sale" surety bond in the amount of $3,000 is carried with the United Fire and Casualty Company of Iowa and remains in effect until December 31, 1983. Verification with regard to state sales and withholding taxes was made and all state tax payments are current. The 1982 real estate tax in the amount of $23,669 has been paid, and the market value of the building which is owned by the club, is $525,000. Some confusion with regard as to who was to be the VFW Club Manager existed. Initially, when their application was submitted, Richard Christie, chairman of their standing House Committee and a non -paid employee of the club, was listed as Club Manager. Mr. Christie is not on the premises at all times when the club is open. Mr. Kenneth Orvis, bar manager, is present, and therefore, has been named as Club Manager, and Mr. Christie as gambling manager. Mr. Orvis, a club member, was appointed as bar manager about four years ago. He cooperated fully during the investiga- tion and has no known criminal record that would preclude his being licensed as club manager for 1983. Incident history indicated that between October 1, 1981 and September 30, 1982, 34 public safety contacts were made, compared to 25 for the previous same period. The breakdown is as follows: Total Contacts 34 Bar type 5 Criminal 12 Medicals 12 Misc. Criminal 5 Traffic /parking 1 Misc. Non - criminal 4 The number of contacts generated by the VFW is not great, this in part might be attributed to the older age of the patrons of the establishment, as well as the somewhat exclusive and stable membership roils. The gambling license has been applied for and the necessary fees paid. Officers for the gambling application are the same as for the on -sale and Sunday liquor license applications for 1983. Two gambling managers have been designated, John Ellis for bingo, and Richard Christie for gambling. The background investigation revealed no known criminal record for either of these persons. The required fidelity bonds for both bingo and gambling in the amount of $10,000 each, have been filed with the city and both are carried under separate policies with the United Fire and Casualty Company of Cedar Rapids, Iowa. Both policies remain in effect until September 1, 1984. Neither policy designates a specific named manager, which is not an ordinance requirement. It is the recommendation of the public safety department, in which I concur, that issuance of the on -sale liquor, Sunday liquor and gabmling licenses be granted to the VFW Fred Babcock Post for 1983. However, it should be made clear that the club must comply with the Richfield City Ordinance Code 11.07, subd. 1, requirement that ".....may serve intoxicating liquor on Sun- days between the hours of 11:00 a.m., and 12 midnight, in con - junction with the serving of food." KN/ ej a cc: Public Safety Director Res ectfully submitted, Karl Nollenberger City Manager Council Letter No. 22 -3- January 10, 1983 . Due to clerical problems, the VFW has not routinely submitted the required monthly gambling reports to the public safety de- partment. Mr. Christie has assured us that every effort will Co be made to submit these reports on time in the future. The VFW has also requested an increase in the number of /?_ gambling occasions in 1983. In 1982, they were licensed to conduct gambling on Wednesdays, Fridays, and Saturdays. This -{� year they are requesting to be licensed to conduct gambling on Sundays also. in addition, they are requ ^sting two additional nights of the week each month, one of those being the first Tues- day of the month, and the other, an unspecified night, possibly ° the second or third Tuesday of each month. The present gambling ordinance in Richfield allows 104 gambling occasions and 104 bingo events to be conducted by licensed organizations. The ordinance does provide for city council approval of additional gambling occasions. As interpreted by the city attorney, the present ordin- would allow either gambling or bingo on four nights a week. With these additional requests is is - on^eivable that our veteran's organizations could be having such events every night of the week. Now would seem the appropriate time to determine what the community would like and expects with regard to the gambling activities of Richfield's service organizations. The projected in- crease in gambling events may require more expenditure of public safety resources to monitor and control this activity. Since this is the first year that the city is licensing ser- vice organizations, there was some confusion regarding investiga- tive fees to be assessed. As mandated by the city ordinance code, Section 11.06, the investigative fee for on -sale establish- ments is $107 for each person listed on a renewal application that was not listed the previous year. This year, however, it is recommended that all investigative fees be waived due to a lack of timely notice to the Veteran's organizations by the city staff. In the future, however, this fee structure will be adhered to. The VFW has Advised the public safety department that they will request an exemption from this investigative fee. It is the recommendation of the public safety department, in which I concur, that issuance of the on -sale liquor, Sunday liquor and gabmling licenses be granted to the VFW Fred Babcock Post for 1983. However, it should be made clear that the club must comply with the Richfield City Ordinance Code 11.07, subd. 1, requirement that ".....may serve intoxicating liquor on Sun- days between the hours of 11:00 a.m., and 12 midnight, in con - junction with the serving of food." KN/ ej a cc: Public Safety Director Res ectfully submitted, Karl Nollenberger City Manager Gambling Event Requests Page Two VFW FRED BABCOCK POST 5555/ GAMBLING EVENT REQUESTS In 1982, the VFW was licensed to conduct 104 Bingo events (Thursdays and Sundays), and 156 Gambling events (Wednesday, Fridays and Saturdays). A Gambling event occurred at the VFW on 260 nights of the year; Sun. Mon. Tues. Wed. Thurs. Fri. Sat. Bingo -0- -0- Pull -tab Bingo Pull -tab Pull -tab For 1982, the VFW has requested to be allowed the 104 Bingo events (Thursdays and Sundays). This year the VFW has requested they be licensed for Pull -tab events on Sunday, Wednesday, Friday, and Saturday evenings, plus two additional Tuesdays during each month which would give them 2a Pull -tab events. The total of 3J6 Gambling and Bingo events would be conducted either five or six nights a week, or a total of nights a year; �# Sun. Mon. Tues. Wed. Thurs. Fri. Sat. Bingo ; -0- Pull -Tab RJR /lje va 2 Pull -tabs Pull -tab Bingo Pull -tab Pull -tab per mo. .!' _0 Gambling Event Requests Page Two i VFW FRED BABCOCK POST 5555/ GAMBLING EVENT REQUESTS In 1982, the VFW was licensed to conduct 104 Bingo events (Thursdays and Sundays), and 156 Gambling events (Wednesday, Fridays and Saturdays). A Gambling event occurred at the VFW on 260 nights of the year; Sun. Mon. Tues. Wed. Thurs. Fri. Sat. Bingo -0- -0- Pull -tab Bingo Pull -tab Pull -tab For 1982, the VFW has requested to be allowed the 104 Bingo events (Thursdays and Sundays). This year the VFW has requested they be licensed for Pull -tab events on Sunday, Wednesday, Friday, and Saturday evenings, plus two additional Tuesdays during each month which would give them 180 Pull -tab events. The total of 284 Gambling and Bingo events would be conducted either five or six nights a week, or a total of 264 nights a year; Sun. Mon. Tues. Wed. Thurs. Fri. Sat. Bingo -0- Pull -Tab CJ RJR /lje • 2 Pull -tabs Pull -tab Bingo Pull -tab Pull -tab per mo. 41M 0 FRED BABCOCK V.F.W. POST No. 5555 Veterans of Foreign Wars of the United States FOUNDED 1889 Telephones: 869-5555 - 869 -9940 - 866-6112 710 LAKE SHORE DRIVE - RICHFIELD, MINNESOTA 55423 December 31, 1982 Mr. William Hollick Investigator Richfield Dept. of Public Safety 6700 Portland Ave. S Richfield, MN 55423 Dear Bill: In response to our prior conversations this is our formal request to hold gambling (pull tabs) on any and all nights we serve food. This would include Sunday, Wednesday, Friday, and Saturday evenings on a weekly basis. In addition, during the month we have special food nights which we would also like to offer the pull tabs to our member- ship. Bill, as you are aware, the current condition of the economy and the opening and operation of the bingo hall in Prior Lake has hurt our operations. By allowing us the opportunity to have pull tabs on these nights will help us to improve our profits, of which you know pays for our sponorships of Richfield Youth Athletics. Should you need any additional information please contact me personally. Sincerely, Fred Babcock Post 5555 Veterans of Foreign Wars L"eo Leininger Commander r ob F i zke uartermas CITY OF RICHFIELD, MINNESOTA •Office of City Manager Council Letter No. 21 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Application for On -Sale Liquor, Sunday Liquor, and Gambling License, American Legion Post 435 Mr. George Evans, Mr. Alvin Omlie and Mr. Fred Primoli have submitted applications for on -sale liquor, Sunday liquor, and gambling licenses for the Richfield American Legion Post 435 for the year 1983. According to Minnesota Statutes, municipalities now issue on- sale liquor licenses to congressionally chartered veterans or- . ganizations which have been in existence for ten years. The American Legion Post 435 falls into this category, and the City of Richfield is responsible for issuing their on -sale and Sunday liquor licenses for the first time in 1983. The organizational structure of the Post 435 is as follows: Alvin 0. Omlie, president; James A. Munson, vice - president; Theodore J. Stage, secretary; and Donald B. Vogtman, treasurer. All officers are residents of either Richfield, Bloomington, or Edina. Elections are held every year to fill these positions. It appears that officers advance upward every year from the position held the previous year, thus resulting in the position of treasurer being filled by a person not on the board. This tradition is not mandated through the organization's by -laws, so conceivably one or all positions on the board could be filled by persons not on the previous year's board. A criminal history investigation regarding all boardmembers revealed no known criminal record on any board member. The financial report was prepared and submitted by Joseph P. Schliep, CPA, and reflects a fiscal year from July 1, 1981 through June 30, 1982. Total sales for this period were $1,364,473. Of this amount $689,906 (51 %) were food sales, and $674,567 (49 %) were beverage sales. Mr. Schliep indicated that his examination of the materials supplied to him by the manage- ment of the Club was a review that was "substantially less in scope than an examination in accordance with generally accepted auditing standards ", and was not meant to be an opinion of the financial statements taken as a whole. Council Letter No. 21 -2- January 10, 1983 The Club carries all public and liquor liability insurance • through the Minneapolis National Insurance Agency of Minneapolis with the AETNA /INA Insurance Companies. The coverage afforded appears to be in compliance with city ordinance code require- ments with the City of Richfield listed as an additional insured. The required "club on- sale" surety bond in the amount of $3,000 is carried with the Transamerica Insurance Company of California and remains in effect until December 31, 1983. Verification with regard to sales tax and withholding taxes was made, indicating that all state taxes are current. The 1982 real estate tax in the amount of $33,171.30 has been paid. The market value of the building, which is owned by the American Legion, is $750,000. During the month of November, 1982, the Club's operations manager, Larry Neck, was replaced by Fred D. Primoli. Mr. Primoli is a life long resident of St. Paul and Lake Elmo, where he currently resides. He possesses an extensive background in the restaurant and bar business, having owned or been a partner in three such establishments in the St. Paul area. An investigation revealed no known criminal record on Mr. Primoli, and it is recommended that he be licensed by the City of Richfield as Club Manager for the American Legion. Between November 1, 1981 and October 31, 1982, there were 52 40 public safety contacts. This compares with 83 contacts in the previous year, or a 38% reduction in incidents. Of these 52 incidents, only six were of a "bar type" nature. This appears to be about the same number of this type as were reported last year. There were 14 burglary and robbery panel alarms this year, compared to 32 such alarms last year. Even thought this is a significant decrease, we brought the problem to the attention of the new manager, Mr. Primoli, who was very cooperative and in- dicated that he would attempt to reduce even further the number of alarms. The remainder of the contacts were as follows: Total Incidents: 52 Criminal 23 - 44% of total Non- Criminal 29 - 56% of total Gambling Investigation The police division has reported within the last week, the re- sults of a gambling investigation they conducted at the American Legion. This report indicated that there were two incidents re- ported to them by anonymous sources involving gambling in viola- tion of the Richfield city ordinance code. The first incident occurred in October and involved a "Las Vegas Night ", in which the improper use of "funny money" resulted in a violation of the Minnesota Gambling Statutes. On Tuesday, November 2, 1982, members of the police division met with the Legion's executive board and advised them the risks the club was taking in failing to properly monitor the activities taking place in their estab- lishment. As a result of this meeting, the police division re- Council Letter No. 21 -3- January__10, 1983 ceived a letter from the Post Commander expressing that "they too, are concerned that we abide by the laws of the State of Minnesota and the laws of the City of Richfield." However, during the early part of December, 1982, the police division received information that the Club was using "pull- tabs" on Sunday nights prior to their normal bingo event. The gambling license issued for 1982 expressly set the "pull tab" events on Thursday, Fridays, and Saturdays. An investigation was conducted that resulted in agents of the police division observing and participating in such a "pull -tab" event on Sunday, December 19, 1982. As a result of this investigation and violation of Rich- field City Ordinance 5.19, subd. 9, paragraph 12, another meeting, was arranged between the Richfield police division staff and representatives of the American Legion. At this meeting it was determined that there may have been a misunderstanding with the licensing investigator and the Legion, as the Legion was under the impression that "pull- tabs" would be allowed on Sundays. At the conclusion of this meeting, it was understood that there could be no valid excuse for these incid- ents and any repeat, or similar violation of the ordinance would result in severe sanctions being accessed against the American Legion. Post 435. The bingo and gambling license applications have been submitted and the fees of $642 have been paid. In reviewing the application it was noted that the officers for the gambling license are the same officers as for the on -sale and Sunday liquor license appli- cations for 1983. Two managers have been designated; Sandra Lodin for bingo, and George Ashwood for gambling. Mr. Ashwood has been the gambling manager since 1981. Ms. Lodin was appoint- ed in November, 1982. Both Mr. Ashwood and Ms. Lodin are Rich- field residents who have no known criminal record and are members in good standing of the American Legion. The required fidelity bond with corporate surety of $10,000 for the bingo license has been filed with the city by the Trans- america Insurance Company, designating Ms. Lodin as the princi- pal. We have not yet received a copy of the renewal of the fidelity bond for the gambling manager, Mr. Ashwood, however, we did contact him and he stated that the bond is in effect and would be mailed to us. The required monthly gambling reports have been routinely sub- mitted. These reports reflect the gross receipts from gambling only, and detail expenses including prizes and the distribution of profits. It has been determined by the city attorney that organizations that conduct gambling be required under the ordin- ance code to submit copies of IRS forms 990 and 990T. These . forms deal with organizations that are exempt from paying feder- al income and business taxes. Mr. Ashwood has been advised of this requirement and has been requested to comply with this re- quest by January 31, 1983. Council Letter No. 21 -4- January 10, 1983 SMr. Ashwood has submitted a letter requesting additional days to conduct their gambling activities. In 1982, gambling was granted on Thursdays, Fridays, and Saturdays. Bingo was granted on Wednesdays and Sundays. Additional gambling has been requested on Sundays and Wednesdays, while they wish to delete Saturdays. Representatives of the Legion are aware that they must be licensed to conduct gambling and are willing to cooperate with the city. The present gambling ordinance in Richfield permits 104 gambling occasions and 104 bingo events to be conducted by licen- sed organizations. The ordinance does allow the city council to permit additional gambling occasions. As interpreted by the city attorney, the ordinance would now allow either gambling or bingo on four nights a week. With these additional requests, it is conceivable that our veteran's organizations could be having such events every night of the week. Now would seem the appro- priate time to determine what the community would like and ex- pects with regard to the gambling activities of Richfield's service organizations. The projected increase in gambling events will perhaps require more expenditure of public safety resources to monitor and control. Richfield ordinance code 11.06, subdivision 12, para. 8, de- fines illegal gambling activities conducted on the premises of a liquor license holder as a violation of the conditions of their liquor license. The investigation conducted by the public safety department indicates that-the American Legion Post 435 did violate this ordinance provision on at least two occasions, and this should be considered in granting on -sale and Sunday liquor licen- ses for 1983. Therefore, it is the recommendation of the public safety depart- ment, in which I concur, that the on -sale, Sunday liquor and gambling licenses requested be granted on a probationary basis, subject to periodic review throughout the year to insure compli- ance by the American Legion with applicable laws and ordinances. Since this is the first year that the city is licensing the American Legion, there has been some confusion regarding fees to be assessed. In discussing this issue with the city attorney's office, it appears that the investigative fee for on -sale estab- lishments is $107, mandated by the city code, Section 11.06, for every person listed on a renewal application that was not listed on the previous year's application. This year, however, the staff recommends waiving all investigative fees due to a lack of timely notice to the veteran's organizations by the city. In the future, barring any changes in the ordinance, this fee structure should be adhered to. The Legion Po -t has advised us that they will request exemption from this investigative fee. • Respectfully submitted, Karl Nollenberger City Manager 0 M E M O R A N D U M Date: January 10, 1982 To: Karl Nollenberger City Manager From: Ronald J. Richardson Police Captain Subject: GAMBLING EVENTS AT VETERANS ORGANIZATIONS Our Richfield city ordinance allows 104 Bingo and 104 Gambling events at each veteran's club each year, with additional events to be held only if the city council approves such events. AMERICAN LEGION REQUESTS: In 1982, the Legion requested that they be allowed Bingo events on Mondays and Wednesdays and Pull -tab events on Thursdays, Fridays and Sundays, plus Pull -tab events on July 4th and September 6th. This gave them 104 Bingo events and 158 Pull -tab events for the year. This allowed the Legion • to conduct such events five (5) nights a week or 260 nights per year; Sun. Mon. Tues. Wed. Thurs. Fri. Sat. Pull -tab Bingo -0- Bingo Pull -tab Pull -tab -0- For 1983, the Legion has requested Bingo events on Wednesdays and Sundays and Pull -tab events on Wednesday, Thursday, Fridays and a one hour event before Bingo on Sundays; Sun. Mon. Tues. Wed. Thurs. Fri. Sat. Bingo -0- -0- Bingo Pull -tab Pull -tab -0- Pull -tab Pull -tab (1 hr.) This would allow the Legion 104 Bingo events and 208 Pull -tab events but would cut these activities to four nights per week or 208 nights per year. 0 7j r1 U (9 MINNEAPOLIS— RICHFIELD AMERI A 6501 PORTLAND AVENUE SO. * "3 December 192 'lr. Thomas A. 'lorgan, V.P.. DIRECTOR OF PUMLIC SAFETY City of Richfield 6700 Portland P,ve. So. Richfield, '1!1 55423 Dear Tor., R, i • .. LEGION POST 435 55423 * Telephone 866 -3647 This letter supplerients the American Legion Post 435 license application for the operation of Pull-Tabs for 19;1)3. Ile are requesting that the following days and hours be authorized in 1933, for the Post Pull -Tabs operation: l.ednesday 6:00 - 7:00 P;1 a [i :00 - 11:00 PH Thursday 7:00 - 11:00 Pil Friday 7:00 - 11:00 P11 Sunday 6:00 - 7:00 PN You will note the change in blednesday hours and the addition of the Sunday activity. These, we feel, are necessary to compete with the Prior Lake Bingo operation. In addition to the argument that all our Bingo profits go for Community Activities as added incentive to patronize our operation would be the Pull -Tab feature one hour prior to the Bingo game. The pre -bingo operation would be managed and reported by the Gambling Manager as part of the Post Community Service Activity. These times best coincide with other Club functions and will be the most productive. You can be assured that we will continue to monitor these operations to comply with all regulations including regular reporting. lle will appreciate consideration of this request and will hope for its sub- sequent approval. Please contact me if there are any questions or further information is needed. Z < Georg A hwood Cai,ibl i nc i la pager cc: Coy, slander Oo;1 i e • C CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 20 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ordinance Amendment Relating to Arcade Licensing. First Reading. Due to the current popularity of amusement machines, and the increased requests for information regarding arcade licensing, our public safety department has reviewed the current arcade licensing ordinance to determine if the ordinance serves the best interests of the community, the licensee and the City of Richfield. One area of concern is that the arcade licensing ordinance does not clearly prohibit someone who would not other- wise qualify as a license holder, from having a significant financial interest and gain in the operation of the business through the ownership of the amusement devices. Therefore, we have requested the city attorney to draft an ordinance amendment which would require that significant informa- tion be furnished regarding the ownership of the amusement devices to aid in the licensing investigation. A copy of that proposed ordinance is attached to this council letter. This item has been placed on the January 10, 1983 city council agenda for first reading consideration. cc: Public Safety Director City Clerk KN /eja Respectfully( submitted, Karl Nollenberger City Manager AMENDMENT TO CHAPTER V, PART II, SECTIONS 5.17 AND 5.18 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: I. Section 5.17 of the Ordinance Code of the City of Richfield licensing and regulating arcades is amended in the following respects: 1. By amending paragraph (3) of Subdivision 3 thereof to read as follows: "(3) The name and address of all persons owning or having an interest in the licensed premises. This requirement shall include the names and addresses of the owners of any amusement devices intended to be used by the applicant in connection with the licensed activity. In the case of a corporation the requirements of this paragraph shall include the names and addresses of the officers and direc- tors of the corporation and all shareholders who own alone or in conjunction with their spouse or children more than 10% of the issued shares of corporate stock. The applicant shall also submit with the application any leases covering the premises or the amusement devices." 2. By amending Subdivision 7 thereof by adding the following new paragraph to read as follows: "(14) No amusement device may be located in an arcade if the owner of such device would be ineligible to obtain an arcade license by virtue of Subdi- vision_ 4 of this Section." II. Section 5.18 of the Ordinance Code of the City of Richfield licensing and regulating amusement devices is amended by amending Subdivision 4 thereof to read as follows: Subdivision 4. Application. Each person desiring a license shall make writted application and furnish such information as is required by the City Clerk. If the applicant is not the owner of the amusement device, the application shall contain the name • • and address of the owners of the device and shall also contain a copy of any lease or other agreement between the applicant and owner relating to use of the device." Passed by the City Council of the City of Richfield, Minnesota this day of , 1983. ATTEST: Sylvia K. Bergh, City Clerk CI John Hamilton, Mayor X13 • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 19 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Resolution Relating to the Purchasing Practices in the City of Richfield At the December 28, 1981 city council meeting, the city council approved an amendment to the city charter which changed the requirement for council approval of purchases prior to the actual acquisition from $1,000 to $5,000. At that same meeting, the city council passed a resolution (No. 6555, a copy of which is attached to this council letter), providing that all purchases • in excess of $2,500 be placed on the city council agenda for notification of the city council. The Consumer Price Index reflects a 5.5% cost of living increase through November, 1982. Therefore, a resolution has been prepared, increasing the $2,500 to $2,650 (rounded off) to reflect this 5.5% increase in the cost of living for the past year. It is recommended that the city council approve the attached resolution, which provides that all purchases in excess of $2,650 but below $5,000, be included on city council agendas for city council notification. cc: Program Directors Finance Coordinator KN /eja Respectfully submitted, k2j- NvX �ki� Karl Nollenberger City Manager RESOLUTION NO. 6555 RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. All purchases of the City of Richfield which are in excess of $2,500, but below $5,000, shall be made only after the city manager notifies the city council by inclusion on a city council agenda. • Passed by the City Council of the City of Richfield this 28th day of December, ATTEST: 1981. - Dohald J . Pr iebl� Mayor ;�Z I �� a K. Bergh City C 82 �r 7i r; I' RESOLUTION NO. RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. All purchases of the City of Richfield which are in excess of $2,6.50, but below $5,000, shall be made only after the city manager notifies the city council by inclusion on a city council agenda. Passed by the City Council of the City of Richfield this 10th day of January, 1983. 0 ATTEST: Sylvia K. Bergh City Clerk 0 John Hamilton Mayor ::�$1qF • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 18 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ordinance Amendment Relating to Appointment and Placement of Relatives. First Reading. During a review of the personnel ordinance, Section 2.31, subdivision 4, it was noted that the paragraph relating to Appointment and Placement of Relatives contained contradictory definitions of the term "work group ". One line of the paragraph defined "work group" as a division, while elsewhere i.n the para- graph it simply refers to "work group ". As there may be several work groups in any particular division, it would be advantageous to'- delete the phrase . "work group will be defined as a division." Our city attorney's office has prepared an ordinance amend- ment (copy of which is attached to this council letter) which deletes the phrase- normally a work group will be defined as a division . This ordinance amendment would make the language consistent throughout the ordinance and provide more flexibility in interpreting this ordinance. It is recommended that the city council give first reading approval to this ordinance amendment and schedule the public hearing and second reading for January 24, 1983. KN /ej a • Respectfully submitted, Karl Nollenberger City Manager • AMENDMENT TO SECTION 2.31 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Section 2.31 of the Ordinance Code of the City of Richfield relating to selection, appointments and probationary period of certain city employees is hereby amended in the following respects: A. Subdivision 4 hereof is amended to read: "Appointment and Placement of Relatives. Relatives closer than second cousins by blood or by marriage will not be employed in the same work group �r�ea�lp- a- �ae3�- gep- 6al� -be- defied -as -a divisien +; provided, however, that spouses may be employed in the same work group, so long as no employee will be placed in a work group in which a spouse will exercise supervision over the employee. All decisions on the specific determination of what may constitute a work group and /or supervisor- spouse relationship shall be made by�the city manager." Passed by the City Council of the City of Richfield this day of , 1983. ATTEST: Sylvia Bergh, City Clerk • John Hamilton, Mayor • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 17 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ordinance Amendment Relating to Eligibility and Accrual Leave for General Services Em- ployees. Second Reading. At the December 13, 1982 city council meeting, the city council gave first reading approval to an ordinance amendment which would provide for the accumulation of personal leave for General Services employees, and scheduled the public hearing and second reading for the January 10, 1983 city council meeting. In the past, all General Services employees have received 12 days of sick leave annually, accrued at the rate of one day per month. These sick days could be used for a) physical in- capacity incurred on or off -duty; b) personal illness, including medical and dental appointments during work hours; c) enforced quarantine of employee in accordance with community health regu- lations; and d) serious illness or death in the immediate family. Considerable discontent was generated due to the fact that is is very difficult for an employer to equitably insure that sick leave is used by all employees only for the appropriate reasons. Some employees used sick leave on a one -day at a time basis, instead of accumulating days, only to find that when an extended illness occurred, they had no accumulated leave to cover their loss of pay during the time of illness. Other employees who were conscientious in their use of sick leave felt frustrated at the inequitable use of, or abuse of, sick leave by ^ther em- ployees. This situation created a detriment to good working relation- ships. Therefore, in 1981, the city council amended the city ordinance to provide a personal leave plan, short -term disability and long -term disability insurance program for the city's manage- ment employees. This plan has now been proposed for the General Services employees as well. • 11 • Council Letter No. 17 -2- January 10, 1983 Provisions of Plan: Commencing February 1, 1983, all employees classified and compensated as part of the General Services Pay Plan will be granted 48 hours (6 days) of annual personal leave, with pay, which may be used by the employee as follows: a) time lost as a result of non -job related illness /injury to the employee or a member of the employee's immediate family; b) medical /dental appointments for the employee or a member of the employee's immed- iate family; c) attend to personal business; and d) leisure time. Employees may accrue unused personal leave from year to year provided, however, that no employee may accrue in excess of 160 hours (20 days) of personal leave. Personal leave shall be scheduled and administered under direction of the Department Heads, and the city shall have the authority to grant or deny such leave based upon the merit of such request, and the reasonable needs of municipal service. A copy of the proposed ordinance amendment is attached to this council letter.. It is recommended that the city council give second reading approval to this ordinance amendment at the January 10, 1983 city council meeting. cc: Program Directors KN/ ej a Respectfully submitted, Karl Nollenberger City Manager • AMENDMENT TO SECTION 2.33 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Section 2.33 of the Ordinance Code of the City of Richfield relating to terms of employment of certain city employees is hereby amended in the following respects: A. Subdivision 5, subparagraph (1) hereof is amended to read: "Eligibility and Accrual. Effective February 14, 1983, each permanent full -time or full -time probationary employee, and each permanent part -time or part -time probationary employee, classified and compensated under the Management Pay Plan or General Services Pay Plan, as that those Plans has have been adopted and may be amended from time to time pursuant to Section 2.32 of this Code, shall be eligible to accrue and use personal leave. An eligible full -time employee shall accrue +754 1.85 hours of personal leave biweekly and may accumulate such leave from year to year up to a maximum of 160 hours of personal leave from year to year up to a maximum of 160 hours of personal leave unless written authorization extending this maximum is obtained from the department head and the city manager. Hours in excess of 160 hours shall be forfeited by the employee without compensation." Eligible part -time employees shall accrue personal leave on a proportional basis of the full-time accrual based on hours worked per payroll period and shall be limited to maximum accruals and extensions authorized for full- time employees. B. Subdivision 6 thereof is amended by adding the following: 11(5) Bereavement Leave Employees eligible for Personal Leave shall also be eligible for bereavement leave. Eligible em love �7ma be qranted up to a maximum of 16 hours of bereavement leave for the death of an immediate family member. For the purposes of this sub araara h, immediate famil member shall be defined as spouse, parents, children, siblings, grandparents, grandchildren, mother -in -law, father -in -law, brother in law, and sister in-law." Passed by the City Council of the City of Richfield this 10th day of January, 1983. John Hamilton Mayor is ATTEST: Sylvia Bergh, City Clerk • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 16 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Meeting With Metropolitan Transit Commission Representatives Regarding Subregional Transit Study Implementation Over the past few years, the Richfield city staff has been participating in an MTC project to develop improved bus service within our transit subregion. Representatives of the Metropoli- tan Transit Commission staff will be present at 6:15 p.m. meet- ing on January 10, 1983 to meet with the city council to discuss the project, and to present some recommended bus changes. These recommended changes, and any comments which the council may have, will be presented to the Metropolitan Transit Commission at an upcoming meeting for their formal action. Respectfully submitted, Karl Nollenberger City Manager cc: Community Development Director City Planner KN /ej a • MISM2 • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 15 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Appointment to the Housing and Redevelopment Authority Attached to this council letter is a letter of resignation from Michael Freeman, who is resigning from the Housing and Re- development Authority due to the fact that he has been elected a Minnesota State Senator. Mr. Freeman was appointed to a five - year term which will expire in October, 1985. • Under state law, the Mayor may appoint the HRA commission- ers, subject to confirmation by the city council. An item to appoint an HRA commissioner to an unexpired five -year term which will expire in October, 1985, has been placed on the January 10, 1983 city council agenda. KN /eja • Respectfully submitted, Karl NollenberQ_er City Manager • • Senate State of Minnesota January 3, 1983 Mr. Thomas Harms, Chairman Richfield Housing and Redevelopment Authority Richfield City Hall 6700 Portland Avenue South Richfield, MN 55423 Dear Chairman Harms, It is with deep regret that I advise you I must resign from the Richfield Housing and Redevelopment Commission effective today. My sole reason for resigning is that tomorrow I will assume the duties as Minnesota State Senator from District 40 and it would be inappropriate to hold both the position of State Senator and HRA Commissioner at the same time. I have very much enjoyed my years on the Richfield HRA. I look with real pride at the Lakeshore Condominium project, the rehabilitation of existing housing and the progress made in the LhTt in the last several years. My chief disappointment while serving as a Commissioner was the inability to secure financing to go forward with the lower - middle income housing project at the Lincoln Hills School site. It is my sincere hope that a combination of a reduction in the sale price of the school, lower interest rates, lower construction /rehabilitation costs and additional state and federal dollars may make this project a reality for lower income seniors in the near future. My compliments to fellow Commissioners, He7mberger, Hassenstab, Ludeman, yourself, former Commissioner Collins, and our excellent Executive Director Karl Nollenberger for their dedication and commitment to improving housing and the economic life of our community. I look forward, in my new role, to continuing to work with you towards their mutual goals in the future. Please do not hesitate to call upon me if I can be of assistance. Sin erely ccs: Mayor John Hamilton Michael 0. Freeman HRA Executive Director, State Senator Karl Nollenberger =tt:� /v • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 14 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ordinance Amendment Relating to Council Salaries. Second Reading. At the November 22, 1982 city council meeting, the city council gave first reading approval to an ordinance amendment to increase the salaries of the city council, effective January 1, 1984. The present salary of t'-e Mayor is $6,000 per annum, and that of the council members if $4,500. The ordinance amend- ment provides that effective in 1984, these salaries will be in- creased to $6,500 and $5,000 respectively. • The recent practive for scheduling of second reading of ordinances has been to pre - publish them so that second reading may occur at the next regularly scheduled council meeting. Be- cause the salary amounts were not known prior to the November 22, 1982 city council meeting, the public hearing was planned to be scheduled at the Qecond meeting in December, 1982. However, that meeting was cancelled, and the public hearing was subsequently scheduled for the January 10, 1983 city council meeting. Council salaries were last adjusted in 1978. The city charter stipulates that "the Mayor and members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until after the next succeeding municipal election." This ordinance amendment has been placed on the January 10, 1983 city council agen (9a for second reading consideration. Respectfully submitted, Karl Nollenberger City Manager 0 KN /eja • 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 $67699 $6,500 and the annual salary for each member of the council is $47966 $5,000 to be effective 69- daps -aft�� its- pix3��icaten- on January 1 after the next succeeding municipal general election. Salaries of such officers shall be 40 reviewed by December of each year. Passed by the City Council of the City of Richfield, • Minnesota, this 10th day of January, 1983. John Hamilton Mayor ATTEST: Sylvia K. Bergh City Clerk -:�t iq B • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 13 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Purchases in Excess of $2,500 The city council must authorize the purchase of merchandise, materials, equipment or construction when the amount exceeds $2,500. There are two such items on the council agenda for January 10, 1983. Veh icl eq The adopted 1983 Central Garage budget includes funds in the amount of $25,000 for the purchase of two 3/4 ton pick -up trucks with plows. These two units are replacements for two badly worn, fully depreciated vehicles. Hennepin County, under our joint purchasing agreement, recently received bids for these two units. These two units can be purchased from Iten Chevrolet for a total price of $20,428. It is recommended that the city council approve the pur- chase of two 3/4 ton pick -up trucks with plows for a total price of $20,428 from Iten Chevrolet. Electronic Cash Register The adopted 1983 budget for the city clerk division includes $5,500 for the purchase of an electronic cash register similar to those presently in operation at the city's three municipal liquor stores. This cash register will provide a valuable tool to aid in cash reporting, service to the public, statistics and budget preparation. The low quotation received for this purchase was from Minnesota Cash Register in the amount of $4,285 for a cash register, 1K CMOS Memory, and a Slip Printer. It is recommended that the city council approve the purchase of this cash register from Minnesota Cash Register in the amount of $4,285. Respectfully submitted, Karl Nollenberger City Manager cc: Finance Coordinator CITY OF RICHFIELD , MINNESOTA A • Office of City Manager Council Letter No. 12 • Aqenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: 76th Street and Lyndale Avenue Traffic Signal CP 773 - Award of Contract As a result of meetings between city staff and business persons from the 76th Street and Lyndale Avenue area, the city council took the following action on July 12, 1982: 1. Prohibited on- street parking on Lyndale Avenue be- tween 74th and 76th Street; 2. Eliminated all parking within the 50 feet sight tri- angle at all four corners of the intersection to allow better visability; 3. Requested the HRA to authorize a long range study of the 76th Street and Lyndale Avenue area to study future development and traffic of the area; 4. Approved the installation of a new mast arm signal system at the intersection of Lyndale Avenue and 76th Street; On Wednesday, December 15, 1982, bids were opened for the 76th Street and Lyndale Avenue traffic signal. The bid minutes and tabulations are attached for council review. The low bid was submitted by Hoffman Electric Company of St. Paul in the amount of $61,300. It is recommended that the city council approve the minutes and tabulations, and award the contract for traffic signals and appurtenant work at 76th Street and Lyndale Avenue to Hoffman Electric of St. Paul, in the amount of $61,300. KN /ej a cc: Finance Coordinator Respectfully submitted, Karl Nollenberger City Manager CITY OF RICHFIELD Bid Opening • December 15, 1982 • • Traffic Signals at 76th Street & Lyndale Avenue and Appurtenant Work, City Project No. 773 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Sylvia K. Bergh, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Traffic Signals at 76th Street and Lyndale Avenue and Appurtenant Work, as advertised in the official newspaper on December 1, and 8, 1982. Present: Joyce Wilde, Administrative Services Director Dennis Kraft, Community Development Director Sylvia Bergh, City Clerk The following bids were submitted and read aloud: BIDDER AND BID SECURITY Hoffman Electric B.B. 5% Conservation Systems, Inc. B.B. 5% TOTAL BID 61,300 .: •91 Collins Electric Co. B.B. 5% 72,822 Egan -McKay Electrical Contractors, Inc. B.B. 5% 62,671 Batzli Electric Assoc. B.B. 5% 92.900 Arcade Electric Co. B.B. 5% 76,750 Ridgedale Electric, Inc. B.B. 5 %8 63.430 The City Clerk announced that the bids would be tabulated and considered at the regular city council meeting of January 10, 1983. Sylvia K. Bergh City Clerk • RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARD OF CONTRACT FOR 76TH STREET AND LYNDALE AVENUE TRAFFIC SIGNALS - C.P. 773 WHEREAS, pursuant to an advertisement for bids for the improvement of 76th Street and Lyndale Avenue intersection by the installation of a new traffic signal system, bids were received, opened and tabulated according to law, AND WHEREAS, it appears that Hoffman Electric Company of St. Paul, Minnesota is the lowest responsible bidder, NOW THEREFORE, be it resolved by the City Council of Richfield, Minnesota: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Hoffman Electric Company of St. Paul, Minnesota in the name of the City of Richfield for the improvement of the 76th Street and Lyndale Avenue intersection by the installation of a new traffic signal system according to the plans and specifications therefore approved by the city council and on file; 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 this 10th day of January, 1983. ATTEST: Sylvia K. Bergh, City Clerk • John Hamilton, Mayor • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 11 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Variance to Allow the Install- ation of a Free - Standing Canopy, 6300 Lyndale Avenue Proposal Mr. Dennis Minor, representing Food -N -Fuel Incorporated, has submitted a request for a variance to permit construction of a two column free - standing canopy. The proposed canopy will measure 30 feet by 52 feet; is 14 feet 6 inches in height, and will be constructed of steel. The city council on January 11, 1982, approved a special use permit to allow a gasoline convenience store on this site. The site is zoned C -2, general commercial. Staff Review The staff has reviewed the proposal against the three con- ditions for granting variances, and found the following: 1. There are no special conditions affecting this site not common to other properties of similar use; 2. The proposal could be redesigned with an attached can- opy meeting city ordinance requirements, or the existing use or other commercial use could be allowed on the property. Denial of the variance would not preclude reasonable use of the property; 3. The proposed canopy will not adversely affect the safety or health of persons working or residing in the neighborhood. With the exception of the free - standing canopy, the proposal meets all regulations relating to canopy installation as stated in Section 3.33, Subdivision 6 of the zoning ordinance and is similar to other free - standing canopy designs in use by other service stations. Council Letter No. 11 -2- January 10, 1983 • At the direction of the planning commission and the city council, the city staff is currently reviewing city regulations relating to canopies and will be proposing an ordinance change at a future date to eliminate the requirement for integral can- opies. This proposed amendment will appear before the city council as a part of the overall commercial zoning ordinance update. • • Staff Recommendation Although the staff believes that the proposal is consistent with canopies approved at other locations and would not be detri- mental to the public welfare, the staff must recommend denial of this request because it does not meet all three conditions nec- essary for granting variances. The city manager recommends approval of this variance request. Planning Commission Recommendation The planning commission unanimously recommends that the re- quested variance be denied because it does not meet the three conditions for granting variances. The planning commission further recommends that the zoning ordinance be amended to allow free - standing canopies. Respectfully submitted, Karl Nollenberger City Manager cc: Community Development Director City Planner KN /eja �I rl b a dS=6 v \ - i i I I 1 J,o f . 2 S^ G O C c p1 a ) a I I I Q � I i cl �- f d I I 1 J,o f . 2 S^ G O C c 0 0 - 4'• f v � •� � ;lam -� f�3=t ��} •t , •`,i •••-, Iry .f�, I J ,p <il 1� I ~ Li I ' •ALDRICH AVE I ioa��]7ooaaaaOOaOO"c ^� _ `������ "'tea J ^yo„a'o Q�� TO o O 0 a„0 aOJOJOJJ000 �J;;C,i'• j nJ0 7,a OOO. 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'� i i _i" w - f :� � it •�' r' 1/..� .. ;,.. rr. cr1 ry' rn 0 • .4 1- .-- - n! 4W 7 REF-Ail :=42 xi INN 7!i ------------ • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 10 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ordinance Amendment Relating to MR -3 Zoning District Boundaries. Second Reading. At the December 13, 1982 city council meeting, the city council gave first reading approval to an ordinance amendment establishing the boundaries for the MR -3 multiple residence zoning district. The MR -3 zoning district is the district for multiple family residential developments containing 18 or more dwelling units. The public hearing on this matter has been scheduled for January 10, 1983. The planning commission has recommended that property be rezoned to MR -3 multiple residence if there are 18 or more dwelling units on parcels which meet the MR -3 district minimum lot area requirements of one acre, and which are presently zoned MR multiple residence. The zoning of commercially or industrially zoned properties developed with multiple residential uses with 18 or more dwelling units is recommended to remain the same. It is recommended that the city council conduct the public hearing on this matter and give- second reading approval to the attached ordinance. Respectfully submitted, Karl Nollenberger City Manager cc: Community Development Director City Planner 0 KN /eja • is BILL NO. ORDINANCE NO. AMENDMENT TO APPENDIX C OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA CITY OF RICHFIELD DOES ORDAIN: Appendix C of the Ordinance Code of the City of Richfield, Minnesota defining the boundaries of the various zoning districts of the city enumerated in Chapter III, Part IV, Section 3.28, Subdivision 2 of such code is hereby amended in the following respects; (1) Appendix C Section 4 is amended by repealing paragraphs 3, 37, 57, 59, 98, 112, 113, and 120. (2) Appendix C is amended by adding the following new Section 12: Section 12. Multiple Residence District (MR -3) 1. That area lying between Lyndale Avenue and Lincoln Field and between the north line of Sunset Terrace Addition and a line ru ning parallel with and 334 feet south of the north line of the south half of Section 34, Township 28, Range 24. 2. That area between the center line of Lyndale Avenue and the west line of Adolfson and Peterson's First Addition and between 63rd Street and the north line of Lyndale Oaks Addition. 3. That area lying between Penn Avenue and Thomas Avenue and between 77th Street and Interstate Highway 494, except that area lying between the west line of Penn Avenue and a line 200 feet west of and parallel to the west line of Penn Avenue. 4. That area lying between Penn Avenue and Sheridan Avenue and between 76th Street and 77th Street except the north 258 feet of the west 170 feet thereof. 5. The west 55 feet of Tract B of Registered Land Survey 7675 and All of Tract B of Registered Land Survey 71131. 6. The north 538.21 feet of that area lying between the centerlines of 76th Street and 771th Street and between the centerline of Knox Avenue and the west right -of -way line of Highway 35W. 7. The north 465 feet of Outlot 1 of Evergreen Gardens Second Addition. -2- 8. That area between 77th Street and 78th Street and between the centerline of 11th Avenue extended, and the west line of 12th Avenue except the east 185 feet of the south 135 feet thereof. 9. That part of Block 5, Rays Lynnhurst Second Addition lying between 63rd Street and Mildred Drive and between Dupont and Emerson Avenues and that portion of Block 2, Ray's Lynnhurst Addition lying south of Highway 35W and west of Emerson Avenue and north of 64th Street and includ- ing Parcel 4600, Registered Land Survey No. 877 on Dupont Avenue. 10. The area lying between 77th Street and Interstate Highway 494 and between Chicago Avenue and the centerline of Elliot Avenue extended. Passed by the City Council of the City of Richfield, Minnesota this day of , 1983. • ATTEST: Sylvia K. Bergh, City Clerk 0 John Hamilton, Mayor • • • to lU z 0 m co 0 LLJ cn 0A CL 0 d e O -- �Z r yo Ns10Na1S ~ U II U ? 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C� CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 9 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Minutes, Tabulation of Bids and Approval of Award for Public Safety Firing Range Equipment As the council may recall, the final phase in the 1982 public safety project 767, is the purchase and installation of the target carrying and control equipment for the Police Firing Range. Due to the estimated cost of this equipment, and the fact that we had been approached by an out -of -state vendor interested in bidding this project, we did exercise the formal bidding process. is Bids were opened on December 30, 1982. Only one bid was received, from Caswell Equipment Company, in the amount of $12,618 for equipment and $3,982 for installation charges. This bid was well within the limits budgeted for this portion of the project. It is the recommendation of the Public Safety Representative, Captain Richardson, in which I concur, that the city council accept the bid submitted by the Caswell Equipment Company for three shooting stalls, three target carrier systems and one tar- get programming control system, as specified, for the installed amount of $16,600. cc: Public Safety Director Finance Coordinator KN /eja r� L� Respectfully submitted, Karl Nollenberger City Manager CITY OF RICHFIELD Bid Opening December 30, 1982 Equipment for a Three Stall Firing Range Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Sylvia K. Bergh, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Equipment for a Three Stall Firing Range, as advertised in the official newspaper on December 1, 1982. Present: Captain Ron Richardson Acting Administrative Services Director Steve Devich City Clerk Sylvia Bergh The following bids were submitted and read aloud: • BIDDER AND BID SECURITY EQUIPMENT TOTAL OPTION A OPTION B Caswell Equipment Co. 1221 Marshall St. Minneapolis, 55413 B.B. 5% $12,618 $3,982 $30 /Hour, 23C/ Mile, Estimate 6 Days The City Clerk announced that the bid would be tabulated and considered at the regular city council meeting of January 10, 1982. Sylvia K. Bergh City Clerk U • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 8 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richf ield Council Members: Subject: Legislative Policies The proposed Legislative Policies to be considered by the Richfield City Council at the January 10, 1983 council meeting are attached to this council letter. Many of these policies have been adopted in the past, while others are in response to more current events. All of them are issues which affect the City of Richfield on the state or federal level. • The League of Minnesota Cities has requested input from the City Council as to the five most important issues to the city for the 1983 Legislative Session. I would suggest that the council respond that the following five issues are of major importance: 1. Adequate Funding for Local Government Aid 2. Levy Limits 3. Alternate Revenue Sources 4. Open Meetings 5. Day Labor Restrictions I would be happy to discuss all of the legislative issues at the council meeting. cc: Program Directors KN /ej a • Respectfully submitted, Karl Nollenberger City Manager CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 1 January 10, 1983 SUBJECT: Open Meeting Law The purpose of this statement is to indicate Richfield's support for changes in the Open Meeting Law. Position of the City of Richfield The City of Richfield strongly supports the basic premise of the open meeting law, which is to assure the public's right to be informed about the conduct of public business. Experience with this law since 1974, however, indicates that there are areas where the legislation must be more specific or should be amended to meet the overall public interest. These areas include the following: A. The law must specifically state it applies only to meetings where a ug orum of the body is present, and clarify the present restrictive interpretation of the law's application. B. The law should acknowledge that there are certain specific interests where the overall public interest is better served by permitting a local governing body to meet in executive or closed session. Such in- stances could include discussion of labor negotiations strategy, certain discussions relating to employees, and discussions of purchase of land for public pur- poses. In order to safeguard the public's right to know in these instances, the local governing body could made a decision to hold a closed session via a two-thirds vote, and a taped record of the meeting could be made for later disclosure upon order of a court or other third party. C. The Open Meeting Law should also be amended to apply to the State Legislature. NUMBER 2 SUBJECT: CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT The purpose of Richfield's support ment of bonuses to Current Legislation January 10, 1983 Payment of Bonuses to City Employees this statement is to express the City of for legislation which would permit the pay - municipal employees. Minnesota State Law currently prohibits the use of any pub- lic monies for purposes of paying bonuses to municipal employees. The law clearly.prohibits the payment of bonuses under any cir- cumstances or for any purposes. Impact on Richfield A significant aspect of any employee productivity improve- ment or motivation program includes the ability of the employer to give bonuses for various reasons, such as innovative ideas, suggestion box winners, safety program participants, etc. Under such programs, the bonus is not intended to be an overwhelming sum of money, but rather to be a token demonstrating the employer's recognition of the employee's contribution. It is well accepted in personnel management theory that a cash bonus can have the effect of stimulating productivity at an overall cost savings to the employer. Accordingly, it is appropriate to support legisla- tion which would allow city employees to be paid bonuses in an amount not to exceed $500. 7- 0 CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 3 January 10, 1983 SUBJECT: Liquor Issues The purpose of this statement is to express the City of Richfield's position on issues related to liquor. Current Status Presently, Minnesota law differentiates between "strong" and "3.2" beer. The state law provides that strong beer can be sold only in a licensed liquor establishment. Most licensed liquor store establishments now are either municipal liquor stores, or restaurants, with the remainder of licensed liquor establishments authorized to sell strong beer comprised of licensed off -sale re- tail liquor establishments in communities which do not operate a municipal liquor store State law also prohibits the sale of any alcoholic beverages stronger than beer in establishments other than licensed liquor • establishments. The liquor licensing requirements of the law pro- vide a municipality the ability to regulate the availability and nature of sales of alcoholic beverages within their communities. Impact on the City of Richfield The sale of strong beer comprises a significant portion of the sales in Richfield's three municipal liquor stores. If strong beer is made available wherever 3.2 beer is sold now, the profits of the municipal liquor stores could be significantly diminished. Revenues from the municipal liquor stores are the major source of financing for most of the city's capital improvement programs. Furthermore, the City of Richfield is concerned that control over who consumes beer will be reduced if strong beer can be sold at grocery store checkout counters and wherever 3.2 beer is now sold, which is generally in a setting where a large variety of other products are also sold. Finally, the city may have reduced control through licensing if the proposed legislation would force cities to give a strong beer license to anyone who now has a 3.2 beer license. A significant portion of our liquor sales are also wine sales. The authorization for grocery stores to sell wine would have a major potential detrimental impact on the city's liquor revenues which are the major source of funding for capital improvements within the community. Furthermore, exemption of grocery store wine sales from the fairly stringent liquor licensing requirements now • contained in the state law could present additional opportunity for abuses in liquor sales which would be beyond the ability of the city to control. The City of Richfield wishes to go on record in opposition to authorization of wine sales in grocery stores. CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 4 January 10, 1983 SUBJECT: Industrial Revenue Bonds The purpose of this statement is to indicate support for legislation to prohibit abuses in the Industrial Development Revenue Bond financing. Position of the C itv of Richfield There has been much discussion both on the state and national industrial level in recent years regarding the use of tax exempt bonds by municipalities to solicit and support revenue development certain types of development within their communities. The Minnes- ota State Legislature in the past, and likely again in the discussed legislation designed to prohibit abuses 1983 session, has in the industrial development revenue bond financing area. The use of tax exempt bonds for financing of private enter- prise actions most likely has an effect on the ultimate cost of of the city. We believe borrowing for general obligation purposes for the legislature and all other. public bodies it is appropriate to be concerned about the uncontrolled use of tax exempt financing in terms of the ultimate impact of that financing on the general the cost of borrowing and the basic debt service obligations of public sector. • City councils authorizing industrial redevelopment bonds in Minnesota presently do not have to make any specific set of findings relating to the need for tax exempt financing. Similarly, it is not necessary that city councils have a specific policy, or state- ment of goals and objectives, which a potential IDR financed project must meet before authorizing that financing plan. it is the position of the City of Richfield that any legisla- tive effort to narrow the scope of an application of IDR bonds in- clude the following features: A. Require city councils, via legislative action, to make a set of findings prior to authorization to issue industrial development revenue bonds. B. Require that those findings conform with some broad previously established, standard of goals and object- ives for the IDR financing process. C. Require that the findings include a need for public sector stimulation of development. D. The findings should also address the limitations of other financing alternatives to support said develop- ment. • M E. Any such legislative restrictions should relate only • to the use of IDR bond financing for commercial de- velopment, and should not apply to projects in areas classified as industrial or located in designated re- development areas, which would remain fully under local control. C CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 5 January 10, 1983 SUBJECT: Relief Association Member Lobbying The purpose of this statement is to support changes in laws related to lobbying by police and fire local relief associa- tions. Current Status Recent legislation grants local relief associations unlimited powers to provide paid time off for police and fire officers, who are members of local relief associations, to lobby and otherwise represent the interest of the association before the legislature. Impact on the City of Richfield • It is the concern of the City of Richfield that this legisla- tive power interferes with the traditional functions of governing bodies and supervisory personnel to schedule duty, determine manning levels, and establish budgets for police and fire operations. It is also a concern of the city that this legislation encourages em- • ployee groups to exercise undue influence on the legislative process, without insuring that the employers have equal access to the legislative process, at least through the lobbying activity. Proposed Change The City of Richfield supports legislation which would re- strict relief associations paid lobbying to a single effective director, president, secretary, or other officer from each associa- tion, and that would finance such lobbying costs entirely from the general fund of each association. • CITY OF RICHFIELD LEGISLATIVE POSITION STATE "ENT NUMBER 6 January 10, 1983 SUBJECT: PERA Benefits, Financing and Administration The purpose of this statement is to address issues related to the Public Employees Retirement Association. Current Status Virtually all employees of the City of Richfield in the future will be covered for pension benefits through the Minnesota Public Employees Retirement Association. In 1980, the state law was changed to require that all police and fire hirees after that date be placed in the PERA pension fund. All other city employees, save the city manager, are already in this fund. The city is committed to the provision of adequate pension benefits for career municipal employees. However, tnere are several related policy issues in the PERA law which the City of Richfield encourages be changed. Proposed Changes: • 1. The one year increase of 2% of employee contributions to PERA should be allowed to phase out at the end of 1983, and the legislat »re should not look to this pension funding as a permanent solution to the State of Minnesota's financial problems; 2. Any increases in PERA benefits should be granted only to the extent that proposed contributions and current reserves are sufficient to fully fund.the increases in the opinion of one or more recognized pension actuaries who are independent of the PERA organization. Any increases in the PERA general fund benefits enacted subsequent to 1973, including any resulting deficits, should be financed by matching contributions, shared equally by employees and public employers, over a period not to exceed 30 years. Any increases in benefits under the PERA Police and Fire Fund, including any resulting deficits, should be financed 50 percent by employers and 50 percent by employees, over the same amortization period. Any benefit increase or contribution reductions permitted by excess reserves or excess- ive contributions or combinations of the two should be of such amounts as to benefit the employer and employee equally as a percentage of overall employee salary. 3. Since the equal, matching employee and employer contributions to the Coordinated Plan within PERA are sufficient to finance the present benefits and liquidate the existing deficit in • less than 30 years, all of the employer's additional contrib- utions (i.e., the 1.5 percent of the salaries of employees under the Coordinated Plan, and the 2.4 percent of the salar- ies of employees under the Basic Plan) should be specifically • and exclusively earmarked for the reduction of the acturial deficit in the PERA Basic Plan. The employer's additional contributions should be abolished. 4. If any increase in benefits is enacted for PERA retirees, the resulting costs should not be paid from the PERA Fund, but rather should be financed by a direct appropriation from the State General Fund. 5. The acturial assumptions concerning the rate of investment earnings and of salary increases should be a conservative reflection of actual experience. The present assumptions con- cerning the rate of investment earnings and salary increases are outdated. We urge the Legislature to examine these assumptions and to determine a means of more accurately re- flecting the actual experience during recent years. 6. The City of Richfield supports the continuation of the Minne- sota Post Retirement Investment Fund as a means of providing post- retirement increases in the pension benefits of retirees under the statewide pension funds. The City of Richfield supports state funding of fund deficits from general funds or amortization of the deficits by crediting a reasonable portion of excess earnings over statutory assumptions to retire deficits •and payment of the remainder of excess earnings to retirees as a cost of living adjustment without establishment of any guaran- teed adjustment. In the event the Legislature determines that some mechanism other than the Post Retirement Investment Fund is more appropriate for providing retiree inflation protection, or that the Post Retirement Investment Fund should provide a guaranteed inflation adjustment, the City of Richfield urges that: (a) no increase be made during the first three -years after retirement or until the Consumer Price Index increases at least 10 percent; (b) a specific limit be placed on the increase granted in any one year; and (c) the cost of such increases, including any resulting deficits, be financed from the state general fund. 7. Since integration of pension fund administration mechanisms may lead to combining the funds, the City of Richfield opposes any move to combine administration of the three statewide pension programs. 8. The City of Richfield supports in concept a change in the means of providing pensions for new Minnesota public employees from the present defined benefit type plans to a single defined con- tribution plan. However, the City of Richfield will oppose any such legislation which does not contain both: (a) a clear commitment by the state to fund any deficit created in presently existing defined benefit plans resulting from the termination of • the entry of new members; and (b) a municipal contribution rate that is as low or lower than employer contribution rates to existing plans. • 9. The PERA p-1 ice and fire fund is now essentially fully funded. Furthermore, the employer (taxpayers) through payment of more than 50 percent of contributions to this fund is creating a surplus not needed for pension purposes. Therefore, the legislature should amend the present provision on disbursement of the two percent tax on automobile casualty insurance to allow expenditures by the recipient political subdivision of any ex- cess over the employer's share, of police retirement costs for any police department purpose instead of requiring payment to the PERA Police and Fire Fund. When the PERA Police and Fire Fund achieves full funding, employers' and employee's contrib- utions should be reduced to an amount sufficient to pay normal costs on an equal share basis. • • • NUMBER 7 CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT SUBJECT: Workers' Compensation January 10, 1983 The purpose of this statement is to express the City of Richfield's requirement that a city business licensees document Workers' compensation coverage. Current Status A law passed in 1981 requires that the city may not issue any city business l- ^ense without the licensee providing proof that they have Workers' Compensation coverage, or are exempt from requirements to provide such coverage. Impact on the City of Richfield The impact of this legislation has been that the City of Rich- field is required to enforce the State's Workers' Compensation laws. There has been, of course, no financial assistance forthcoming from • the State to assist municipalities in this policing function. Furthermore, the state has promulgated no rules, regulations, forms, or anything to insure consistent application in enforcement of this requirement. The inconvenience to the city, the cost of developing checking and filing a form, and the resulted ill -will directed toward the city by applicants for business licenses (for yet another "bureaucratic" requirement) has resulted in considerable inconven- ience and the need to provide additional staff hours to the business licensing activity. Position of the City of Richfield It is the position of the City of Richfield that this statutory requirement requiring proof of Workers' Compensation coverage as part of the licensing process is onerous and expensive, and cannot provide an effective, efficient, or convenient means of assuring workers of the protections of Workers' Compensation. It is impractical and unfair to mandate that the city supervise workers' Compensation coverage on behalf of the state. It is also impractical to re- quire that the city assure Workers' Compensation coverage for every city supplier, which is part of that legislation. It is recommended that the state law be changed to delete these provisions. • • NUMBER 8 CITY OF RICHFIELD LEGISLATIVE POSITION. STATEMENT SUBJECT: Day Labor Restrictions January 10, 1983 The purpose of this statement is to express the City of Richfield's strong opposition for legislation restricting the use of day labor. Current Status Presently, the State Uniform Municipal Contracting Law estab- lishes standards for the contracting of services. Some municipal charters provide additional limitations and stipulations defining circumstances under which a public employer must contract for ser- vices. Richfield's city charter and the state law both permit the use of city employees for a wide variety of services, rather than requiring sealed bids to be solicited for all improvement projects. Impact on the City of Richfield • There is some discussion in the Legislature which would result in requiring that cities solicit sealed bids for improvement projects now done by city employees. Such legislation would seriously affect the ability of cities to perform such projects in a cost effect- ive manner. The City of Richfield has a crew of maintenance personnel which perform many different services, in a multi- disciplined nature. During summer months, a crew would be responsible for street patching, seal coating, street sweeping, etc. During winter months, those same employees are responsible for snowplowing, sanding and salting, tree trimming, etc. With a permanent, well managed staff, a commun- ity may tailor the service levels to the community's needs and assure response on a year -round basis to citizens requests for services. A requirement to contract for such services would diminish the city's ability to assure such responsiveness, as well as limit the city's ability to provide a consistent level of service. Consistency in the level of services is a very important factor in providing routine municipal service. Furthermore, since cities offer year -round employment, by allocating their work force to these specific jobs necessary at any time, the hourly wage rates paid are substantially lower than those paid by contractors. City crews do not have the advantage to bid on various pro- jects in the way that contractors do. If city crews, operating on a year -round basis, can provide nine out of ten services more economically, but are required to place the tenth service under • contract, the workload may be sufficiently imbalanced so that the crews can no longer provide the first nine services as efficiently as before. This would result in the total cost of all ten services being higher. During slow economic times, contractors will be interested • in providing services with a small profit margin to keep their crews and equipment busy. They may even bid below cost in order to cover some of their ongoing overhead. Of course, the opposite may occur during periods of rapid economic growth, and contractors may no longer be interested during such times in taking on contracts that require major capital investment, unless they can see a long term payoff. In the meantime, the city may have been forced to solicit bids and thus, disband its crew, leaving the city unable to provide some services at all, or to pay exorbitant rates for the provision of such services. It is the position of the City of Richfield that cities should continually explore the options for provision of services, including the option of contracting for such services. However, it is the city's position that further restrictions on the use of day labor for completion of public improvements would result in considerable inefficiencies, public employee layoffs, and ultimately, increased costs for municipal taxpayers. • is CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 9 January 10,1983 SUBJECT: Minnesota Public Employee Labor Relations Act The purpose of this statement is to express the City of Richfield's position and suggestions for proposed amendments to the Minnesota Public Employee Labor Relations Act. Current Status The Minnesota Public Employee Labor Relations Act defines the roles and responsibilities of public employers with regard to their employees, especially as it relates to organized, recog- nized exclusive bargaining agents. The City of Richfield presently conducts negotiations and labor relations under terms of this act with four organized, recognized bargaining groups. Proposed Changes The City of Richfield supports the following changes and • clarifications to MPELRA: 1. Picket lines: No city employee should be permitted to refuse to cross picket lines of other city employees; 2. Disciplinary Action: Employees presently have a variety of grievance procedures available to them, including Civil Service and Veterans Preference. Employees covered by a MPELRA agreement should'-be able to spec- ify which procedure should be-used by them, or specify a differ- ent procedure in the agreement, thus precluding an employee from:envoking two procedures for a'resolution of a grievance; 3. Impasse Resolution: The statutory mediation period should run from the first mediation session; 4. Supervisors and Confidential Employees With Public Collective Bargaining: Supervisors of public employees should have their management role acknowledged and their status limited to meet and confer. In no event should supervisory or confidential employees be represented by an employee organization which represents the employees they supervise. The term "supervisory" should be as presently defined under PERLA for non - essential employee supervisors. The definition of supervisory employees should not be further limited. To do so could provide that in • all but city manager cities no employees could be considered to be supervisory employees for purposes of the Public - Employment Labor Relations Act; 5. Right to Strike: The existing classification of essential employees should be eliminated, and all employees organized under PERLA given the right to strike. Within the limited right to strike, the public employer would have the option of either requesting arbitration within a specific time, or per- mitting a strike; 6. Arbitration: Issue by issue best offer interest arbitration should be the method for resolving all disputes which to to interest arbitration. • • i CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 10 January 10, 1983 SUBJECT: Certain Amendments to State Fire Codes The purpose of this statement is to indicate the City of Richfield's support for certain amendments to the State Fire Codes. Current Legislation The current state law generally diffuses the responsibility for enforcement of various building and fire codes between various levels of government. There seems to be general agreement that state government should be responsible for.enforcement of the uni- form fire code, which applies to existing buildings, and large facil- ities which are open to the public, whether they are located in cities, counties, or townships. The City of Richfield supports legislation which will clarify the responsibility of the State to inspect such public facilities as schools, hotels, lodging houses, hospital and nursing homes, dry cleaners, and motion picture theatres, provided that the state is clearly responsible for en- forcement, and inspection, whether or not it contracts with local units of government to perform the actual inspection. The city further holds that the Legislature should commit cities to enact the more stringent fire safety codes for these facilities as well as for other buildings, but that the enforcement of such additional standards should..be the community's responsibility. When a city does not enact more stringent fire safety codes, the state should be responsible for inspection and enforcement of the fire code on a case by case basis, when requested by any political subdivision, unless the city clearly agrees to accept responsibility for en- forcement of the fire code by adopting it. It is equally important to focus on preventing emergencies or potential emergency situations through incorporating improved protection features in new building construction, especially in high risk areas or in certain high risk buildings. Position of the City of Richfield The city's position may be summarized as follows: 1. Supporting legislation which would clarify the responsibility of the State to inspect the public facilities noted, and clearly permitting cities to enact the more stringent fire safety code which is provided for the building code for these facilities and other buildings, but at the community's own discretion and with their responsibility for actual enforce- ment; 2. Recommendation that the uniform state building code be • amended to enact an optional fire supression system specified in the code; 3. Require the review and adoption, as soon as possible, by the appropriate state departments of the periodic revisions to the nationally recognized uniform building code and uniform fire code. • C • CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 11 January 10, 1983 SUBJECT: Campaign Financing and Disclosure The purpose-of this statement is to indicate the City of Richfield's position relating to Campaign Financing and Disclosure. Position of the City of Richfield The City of Richfield supports the following: 1. Extending income tax credits for contributions to city election campaigns; 2. Giving cities over 20,000 the authority to enact campaign disclosure ordinances for organizations and individuals. Requiring reports in cities over 20,000 of each contribution as required in state statutes in other election contests. 3. Eliminating any distinction between types of campaign committees in cities over 20,000. • The City of Richfield opposes the following: 1. A state - mandated requirement of candidates for city office to file statements of economic interest because it is most likely to discourage many qualified candidates from seeking or continuing in office. 0 0 CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 12 January 10, 1983 SUBJECT: Funding of Storm Sewer Improvements The purpose of this statement is to indicate support for legislation which would authorize municipalities to operate a storm water utility. Position of the City of Richfield The City of Richfield has identified several locations within its boundaries which are in need of modifications to the storm water drainage system. Existing state statutes provide very limited flexibility to cities in financing storm water improvements. The difficulty of demonstraing what properties benefit and to what extent they benefit from such storm drainage improvements and /or to what extent any property contributes to a drainage problem means that financing storm sewer improvements through the special assess- ment process, the most popular means of financing such major capital improvements, is very difficult. Several other states have author- ized municipalities to operate a storm sewer utility, similar to a water or sanitary sewer utility, and to impose a surcharge on sanitary sewer users for the purpose of financing drainage im- provements. Such a surcharge could amount to a set monthly figure for each business and residential property in the city, and provide revenues to finance storm drainage improvements. Such a charge would be based upon the area of a particular lot and the amount of impervious surface on a lot, so that the charge to any property would be based on the amount of runoff contributed to the storm drainage system. It is the recommendation of the City of Richfield that the State Statutes be amended to provide clear authority to municipalities to operate storm sewer utilities and to impose user charges to accumulate revenues to finance such storm sewer improvements. r1 U CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 13 January 10, 1983 SUBJECT: Small Business Development Financing The purpose of this statement is to indicate support legis- lation which would aid cities in stimulating development. Current Legislation There currently exist many financial tools which are avail- able to cities to stimulate development in accordance with city plans and policies. However, there a gap in cities' ability to pursue and aid small business development for expansion or con- struction of their enterprises. The use of industrial development revenue bonds (IDRB's) for small projects is hampered by the economics of administrative expenses necessary for issues of any size. Position of the City of Richfield The City of Richfield encourages the Legislature to enact Legislation which would enable the Small Business Finance Agency to package projects which are approved by local city council's into larger IDRB's. The City of Richfield encourages the Legislature to appropriate funds as needed by the Agency to establish reserves and cover administrative expenses related to this effort. • CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 14 January 10, 1983 SUBJECT: Tax Increment Financing The purpose of this statement is to indicate the City of Richfield's support for the continuation of the Tax Increment Financing Law. Current Leq islation Tax increment financing has permitted the redevelopment of our major shopping center, the Lyndale /Hub /Nicollet (L /H /N) comm- ercial area. Through the use of tax increment financing, this area has been able to carry out rehabilitation, redevelopment, and economic development projects. It is one of the most feasi- ble and effective legal strategies available to cities to preserve and improve their physical and economic environment. Position of the City of Richfield 0 The City of Richfield supports the current legislation and recommends that no substantive changes be made. • CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 15 January 10, 1983 SUBJECT: Levy Limits The purpose of this statement is to express the City of Richfield's support for elimination of the levy limits, or sub- stantial modification to the previously applicable levy limits legislation. Current Legislation The 1971 Minnesota Legislature established legislation which essentially limited a city's ability to support its programs and services through property tax revenues to a six percent annual in- crease. In 1979, the six percent limit was increased to eight per - cent, and many of the excluded levies which had previously been per - mitted were eliminated or severely restricted. Since the original levy limit law was imposed, the annual rate of inflation has greatly exceeded six percent or even eight percent. Cities have, therefore, been forced to continually reduce expenditures and /or • ace in their programs because they have not been able to keep p major revenue sources with the rate of inflation. Furthermore, changes in the levy limit law have oftentimes served to penalize those cities that successfully held down their property tax levies in the previous year. The levy limit law ultimately works against the interests of local taxpayers because it creates an incentive for. cities to levy the maximum allowed and to use as many special levies as possible. Because of several similar instances in the past, it has become clear to local officials that cities which choose to levy less than the maximum allowed in a given year risk being later ties to unrealistic or artificial new limits for future budget years. City of Richfield's Position If repeal of the levy limit law cannot be maintained, the City of Richfield recommends that the levy limit law be modified in accordance with the recommendations of the League of Minnesota cities. • CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 16 January 10, 1983 SUBJECT: Adequate Funding for Local Government Aid The purpose of this statement is to express the City of Richfield's support for appropriation of local government aids to be tied directly to either a specified share of the state sales tax collections or a specified share of the state general fund. Impact on the City of Richfield Local Government Aid is cities' most significant source of non - property tax revenue. It is extremely important that LGA be reliable and predictable and that it be adequately funded so that cities can budget and plan sensibly and so that property taxes do not increase unreasonably. • The state aid delays and cutbacks since 1980 has demonstra- ted that the current local government aid system is neither relia- ble, predictable, nor adequately funded. Currently, cities are subject to the dual uncertainty of not knowing whether the state's • revenues will be adequate, and not knowing how the legislature and governor will choose to allocate funding cutbacks when revenues fall short. Under a system in which cities derive a substantial part of their revenues from state sources, cities must expect that when state revenues fall short of predictions, cities' state aid funding will also decline. It is also reasonable for cities to expect state funding for local government aid to increase in proportion to increases in state revenues. However, the recent trend has been for state payments to cities to be cut disproportionately with respect to other payments to local governments. Position of the City of Richfield The City of Richfield recommends that the appropriation for local government aids be tied directly to either 'a specified share of the state sales tax collections or a specified share of the state general fund. The specific share should be determined based on the appropriations level now in the law for calendar year 1983. In addition, these revenues should be distributed to cities on a monthly basis, based on each month's tax collection figures. • • CITY OF RICHFIELD LEGISLATIVE POSITION STATEMENT NUMBER 17 January 10, 1983 SUBJECT: Alternative Revenue Sources The purpose of this statement is to express the support of the City of Richfield to authorize cities to raise revenues on a local level. Impact on the City of Richfield Past levels of financial support for cities from both the state and federal government are decreasing, or at least not growing as they have in the past. Therefore, it is important that Minnesota cities have the ability to raise revenues locally. The property tax, although an important and valuable local revenue source, should not have to bear the entire burden in making up for state and federal cutbacks or in meeting increased local expenditure needs. is Position of the City of Richfield Cities should have a variety of options for obtaining revenues locally so that each city can choose a mix of revenue sources that would be most fair and productive in that community. The city of Richfield recommends that the Legislature expand the ability of cities to raise revenues in the following ways: 1. State Statute M.S. 477A.016 should be amended to allow cities the option of imposing local hotel, motel, admissions, or amusement taxes; 2. License Fees. The City of Richfield recommends that the Legislature repeal all maximum fee provisions and allow cities to decide locally the appropriate fee to charge for licenses granted by the municipality. • CITY OF RICHFIELD • LEGISLATIVE POSITION STATEMENT NUMBER 18 January 10, 1983 SUBJECT: Energy Conservation The purpose of this statement is to express the support of the City of Richfield for legislation which would make it possible to fund an energy conservation program. Impact of the City of Richfield The City of Richfield has approximately 10,500 residential structures. Almost all of these buildings were constructed when energy was very inexpensive. It has been estimated that the cost of heating Richfield's single family ,homes will increase from $5,500,000_in 1981 to $11,000,000 in 1986 and over $16,000,000 by 1990. This is current non - inflated dollars. The number of BTU's of energy purchased by our residents and not efficiently utilized is incalculable. Position of the City of Richfield • Legislation must be provided which makes it possible for Richfield and other cities to offer financial 'incentives to their property owners for the purchase of energy conservation materials and equipment. The City of Richfield recommends the following: 1. That legislation be adopted which would enable Richfield to utilize tax- exempt financing for an energy bank program. 2. That State Statute M.S. 579 be amended to more strongly encourage public utilities to assist municipalities in administering conservation programs. 3. That a more systematic approach to funding energy conservation programs be explored to eliminate or reduce the need for cities to obtain special legislation. n U • CITY OF RICHFIELD, MINNESOTA FEDERAL LEGISLATIVE POSITION STATEMENT NUMBER 1 January 10, 1983 SUBJECT: Community Development Block Grants The purpose of this statement is to indicate the City of Richfield's support for continuation of the Community Development Block Grant Program. Current Legislation The Community Development Block Grant Program is the 90`t sign Xicant source of federal funds for Minnesota cities, including Richfield. Existing legislation authorizing this program will expire during 1983. Impact on the City of Richfield The City of Richfield has used Community Development Block Grant money to support development of numerous community facilities and programs since funding began through this program in the mid- • 1970's. Because the funds are "block grants ", the city has been able to channel these monies into programs specifically defined by our own local needs and priorities, unlike most federal funding assistance which is available only for narrowly defined, special purpose programs. The Community Development Block Grant monies has been used for park development, housing assistance programs for low and moderate income personnel, and extensive redevelopment of the city's L /H /N commercial area. The program addresses long term capital needs in our cities, while remaining as the only significant source of federal assistance to support urban revitalization. Position of the City of Richfield It is the position of the City of Richfield that the CDBG Pro- gram should be funded and authorized on a multi -year basis. Because of the general inflationary signs of the national economy for the past few years, it is recommended that the next reauthorization of the CDBG program provide an increase in funding of at least 20 percent over previously authorized amounts. The City of Richfield further supports and encourages simplification of the CDBG Program, and increases in flexibility which may be provided to city govern- ments through this program. It is our position that the program should retain its focus on meeting the needs of low and moderate income persons, eliminating slums and blight, and meeting urgent community needs. • CITY OF RICHFIELD, MINNESOTA FEDERAL LEGISLATIVE POSITION STATEMENT NUMBER 2 January 10, 1983 SUBJECT: Labor Legislation The purpose of this statement is to describe the City of Richfield's positon with regard to Federal labor legislation. Current Legislation In 1971, Minnesota adopted a comprehensive public employment labor relations act, covering all public employees within the state. The scope of this law is sufficiently broad to permit free and ex- tensive participation in the collective bargaining process by both public employees and the public employer. This legislation includes the right to strike for certain employees. However, activity in the Congress and issues before the United States Supreme Court are raising the possibility of Federal Labor Legislation which would cover state and local employees. Impact on the City of Richfield • The City of Richfield currently negotiates with four organized employee groups, under conditions of the Minnesota Public Employee Labor Relations Act. One of these groups Local 49 (International Union of Operating Engineers), has the right to strike under this legislation. The three other _groups, representing police and fire personnel, do not have the right to strike, and must undergo compul- sory, binding arbitration with the city to settle terms and conditions of employment addressed by the labor contract. Position of the City of Richfield It is the position of the City of Richfield that, despite the need for some changes we perceive in the state labor relations law, that states should retain the opportunity to establish their own labor laws as the need arises, and that any alternative to extend provisions of the National Labor Relations Act to cover public employers and employees is unconstitutional and unnecessary. The best determination of the need for such regulation can be made on a state -by -state basis. • • �y CITY OF RICHFIELD, MINNESOTA FEDERAL LEGISLATIVE POSITION STATEMENT NUMBER 3 January 10, 1983. SUBJECT: General Revenue Sharing The purpose of this statement is to indicate support for continuation of the General Revenue Sharing Program. Current Legislation The existing legislation authorizing the General Revenue Sharing Program expires in 1983. If this program is to be continued, it will be necessary for Congress to enact new legislation. The current legislation provides that the money go to local government jurisdictions; 1980 changes in the program deleted the state from participation in the General Revenue Sharing Program. Impact on the City of Richfield Richfield receives approximately $203,500 each year from this source. The city first received funds for General Revenue Sharing in 1972. The city council at that time made the decision that this resource presented an opportunity to provide tax relief to Richfield property owners, and used the General Revenue Sharing monies received in the first entitlement to support the city's general operating budget. In recent years, the city has systematically withdrawn General Revenue Sharing monies from the operating budget, because of the uncertainty of continued revenues from this source, and because of continued tightening of other resources available to support major capital improvement needs. Richfield's adopted 1983 Capital Improvement budget relies on $189,000 in revenue sharing monies to support building and energy improvements, park development and similar capital improvements. These funds are out of the city's General Revenue Sharing entitlement, and have been appropriated by the city council in accordance with the council's determination of project priorities and needs within the City of Richfield at this time. There are very few other revenue sources available to a municipality which are as discretionary in use as General Revenue Sharing monies. Pos iton of the City of Richfield The City of Richfield supports extension of the General Revenue Sharing program in at least the same funding level and entitlement basis as presently exists. is CITY OF RICHFIELD, MINNESOTA FEDERAL LEGISLATIVE POSITION STATEMENT NUMBER 4 'January 10, 1983 SUBJECT: Municipal Bonds The purpose of this statement is to support,`'rederal legisla- tion which would retain a broad market for municipal bonds. Current Legislation Historically, most local public been financed through the issuance of cant limitations on state and federal reliance on bonding to support major continue for some time. However, if main viable, it is imperative that a permit the sale of municipal bonds at Impact on the City of Richfield • improvement 'facilities have bonds. Because of signifi- funding, it is likely that this public improvement needs will this funding, source is to re- broad market be maintained to favorable interest rates. The City of Richfield has sold various types of bonds in the past to finance many major improvements to the city. For instance, the city's water and sewer system was constructed with the assistance of water revenue bonds. The municipal golf course was financed through the sale of General Obligation Revenue Bonds. The city's major street improvement project, sidewalk, street lighting, and alley improvements have been financed through the sale of Special Assessment Bonds. Much of the redevelopment in the L /H /N commercial area has been financed by Tax Increment Bonds. The exemption from federal income tax of the interest on municipal bonds has been, and continues to be, a key factor in maintaining a healthy market for municipal bonds. This tax exempt status of state and local issues not only maintains a separate market, but also recognizes the right of state and local governments to manage their fiscal affairs in- dependently. However, in recent years, some members of Congress have become concerned that the traditional market for state and local bonds will not be able to satisfy the rapidly growing need for capital for public purposes, and that the tax exempt interest on state and local bonds provides a method of tax avoidance for certain individuals. These concerns have resulted in the proposal of sever- al bills in Congress to establish programs to lend monies to muni- cipalities by purchasing their bonds, and /or to make interest on state and local bonds taxable. In addition, federal legislation now regulates the issuance and sale of municipal bonds by requiring the registration or filing of such bonds with the Securities and Exchange Commission. Position of the City of Richfield The City of Richfield strongly opposes any change in federal legislation which would regulate the issuance and sale of municipal bonds, and /or remove the tax exempt status of such bonds. • CITY OF RICHFIELD, MINNESOTA FEDERAL LEGISLATIVE POSITION STATEMENT NUMBER S SUBJECT: Cable Television January 10, 1983 The purpose of this statement is to describe the City of Richfield's position with regard to cable television regulation. Current Legislation Current Federal Legislation authorizes states and localities to regulate rates and public access. However, legislation to de- regulate cable television by eliminating the state's and local authority to regulate the telecommunications industry, was before both chambers of Congress during 1982, and it is likely to be before Congress again in 1983. _Impact on the City of Richfield The Richfield City Council, in late 1980, awarded a franchise to provide cable television services to Richfield residents. The franchise agreement that Richfield has established provides that the city has regulatory authority over both the service quality and rates of the cable provider. The City of Richfield is of the strong opinion that local control of the services and rates should be retained. 11 0 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Council Members: Council Letter No. 7 Agenda January 10, 1983 ae s c'J /)✓ Subject: Reconstruction of the 66th Street and Penn Avenue Intersection On December 13, 1982, a public hearing was held for the proposed improvement of the 66th Street and Penn Avenue inter- section. After the close of the public hearing, the council de- ferred action on the proposed project until January 10, 1983. Background The proposed plan has resulted from previous actions by the city council, the city staff and the county staff: -March 23, 1981, the city council passed a resolution encouraging Hennepin County to reconstruct the inter- section and to submit an application for this project for Federal Aid Urban (FAU) funding. The county did submit the project for FAU funding, and the project was approved. However, no additional projects were being funded and the FAU program's future was in question. Therefore, the decision was made to fund the project from shared city and county gas tax allotments (MSA funds). -May 10, 1982, a city council study session was held to discuss the design alternatives for the improvement of the 66th Street and Penn Avenue intersection. The reasons for the improvements and preliminary designs were discussed. In addition, the city engineer discussed the possibility of using city right -of -way to enhance parking and access in the area by closing some streets. The council directed the staff to meet with the adjacent businesses to discuss the need for the improvements, as well as design alternatives, parking issues and access issues; . -June 7 and 8, 1982, informational meetings were held for businesses and residents of each quadrant of the 66th Street and Penn Avenue intersection. The proposed Council Letter No. 7 -2- January 10, 1983 improvements were presented and input received from those in attendance. Since those meetings, the city engineer has met with most of the property owners on an individual basis to explain the proposed improvements and to explore the feasibility of the use of right -of -way to enhance parking and access: - November 22, 1982, a city council study session was held to discuss the revised plan which was presented to the city council at the December 13, 1982 city council meeting; - December 13, 1982, the public hearing was conducted and testimony was received by the city council. The council deferred taking action until the January 10, 1983 city council meeting, so that they would have an opportunity to address questions raised during the December 13, 1982 public hearing. Reasons for the Improvements Improvements to the intersection of 66th Street and Penn Avenue are proposed for three reasons: 1. This intersection is the busiest and most congested, in the city, with 35,000 cars per day using this inter- section. An improvement to the traffic carrying cap - acity would reduce the delays and congestion which now occur. 2. The accident rate at this intersection is higher than the county average. 3. The intersection has physically deteriorated to a point where major repair is necessary. Proposed Plan The proposed plan includes the construction of a raised concrete median and left -turn lanes for all four legs of the inter- section, and reconstruction of the pavement surface. A new eight - phase traffic signal would be installed at the intersection (similar to those on 66th Street at the Lyndale Avenue and Nicollet Avenue intersections). Sidewalks and street lighting would be installed on Penn Avenue from 65th Street to 68th Street where they do not currently exist. Revisions to the Oriqinal Plan In response to input received from property owners, the city engineer and county engineer made several changes in the plan to better accommodate the needs of the businesses in the area. Re- visions were made where it was feasible within the framework of the design to accommodate the traffic volume, turn movements and safety considerations of this intersection. n 0 • Council Letter No. 7 -3- January 10, 1983 Right -of -Way Acquisition Additional right -of -way will be required for construction of the project. Generally, 10 to 12 feet will be needed on both sides of Penn Avenue, and 18 to 20 feet on only the north side of 66th Street. The right -of -way acquisition will be necessary to accommodate the turn lanes, medians, and sidewalks. Special Assessments Property abutting Penn Avenue will be assessed for street lighting and sidewalks where they do not currently exist. As has been the policy throughout Richfield, special assessments for street lighting will be $2.00 per abutting foot, and for sidewalks it will be 50 percent of the cost (estimated assessment to be $9.15 per abutting foot - in 1984 dollars). The project will be primarily funded from the city /county gas tax apportionment. Recommendation The plan concept as presented addresses the traffic capacity, vehicular safety, and pavement deterioration issues. Reduced accidents should save $60,000 per year in medical bills and property damage. An analysis of the two peak hours of traffic at the intersection reveals that over $40,000 will be saved in user fees, i.e., vehicle costs and driver time. In all, over $100,000 per will be realized in savings. It is recommended that the city council apporve the attached resolution ordering the project. Respectfully submitted, Karl Nollenberger City Manager cc: City Engineer Community Development Director KN /ej a RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 66TH STREET AND PENN AVENUE INTERSECTION - C.P. 780A WHEREAS, a resolution of the city council adopted the 22nd day of November, 1982, fixed a date for a council hearing on the proposed improvement of Penn Avenue between the centerline of 65th Street-and the centerline of 68th Street; and 66th Street between the centerline of Morgan Avenue and the centerline of Sheridan Avenue by widening, construction of left turn lanes and medians, reconstruction of the pavement surface, curb, gutter, sidewalk installation, street lighting, and traffic signal installation, and appurtenant work, AND WHEREAS, ten days mailed notice and two weekly pub -_ lications of the required notice was given as required by law and the hearing was held thereon on the 13th day of December, 1982, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, be it resolved by the council of the City of Richfield, Minnesota: • 1. Such improvement is hereby ordered as proposed in Hennepin County Traffic Division Layout No. 3, except the proposed sidewalks and street lighting on Penn Avenue, 65th Street to 68th Street. 2. Michael Eastling is hereby designated as the engineer for this improvement. The Hennepin County Traffic Division is hereby authorized to prepare plans and specifications for the making of such improvement. 3. Hennepin County is hereby authorized to acquire the necessary right of way for the making of such improvement. Adopted by the city council of Richfield, Minnesota, this 10th day of January, 1983. John Hamilton, Mayor ATTEST: 0, Sylvia K. Bergh, City Clerk RESOLUTION NO. RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS FOR SIDEWALKS AND STREET LIGHTING ON PENN AVENUE, 65th STREET TO 68th STREET - C.P. 780 WHEREAS, a resolution of the city council adopted the 22nd day of November, 1982, fixed a date for a council hearing on the proposed improvement of Penn Avenue between the centerline of 65th Street and the centerline of 68th Street; and 66th Street between the centerline of Morgan Avenue and the centerline of Sheridan Avenue by widening, construction of left "turn lanes and medians, reconstruction of the pavement surface, curb, gutter, sidewalk installation, street lighting, and traffic signal installation, and appurtenant work, AND WHEREAS, ten days mailed notice and two weekly publica- tions of the required notice was given as required by law and the hearing was held thereon on the 13th day of December, 1982, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, be it Richfield, Minnesota: • 1. The sidewalk and Avenue, 65th Str of the cost will owners is hereby resolved by the council of the City of street lighting improvements on Penn eet to 68th Street, for which a portion be assessed against abutting property ordered; 2. Michael Eastling is hereby designated as the engineer for this improvement. The Hennepin County Traffic Division is hereby authorized to prepare plans and specifications for the making of such improvement. 3. Hennepin County is hereby authorized to acquire the necessary right of way for the making of such improvement. Adopted by the city council of Richfield, Minnesota, this 10th day of January, 1983. John Hamilton, Mayor ATTEST: 0 Sylvia K. Bergh, City Clerk { 4 • • 3.38. SPECIAL PROVISIONS - OUTSIDE PARKING AND STORAGE. Subdivision 1. Declaration of Nuisance. The outside parking or outside storage, on or near residence district properties, of vehicles, materials, supplies or equipment not customarily used or needed for use in connection with the occupancy of residential property for residence purposes, is hereby found to create a nuisance and detrimental influence upon the public health, safety, prosperity, good order and general welfare in such district, in- cluding obstruction of view on streets and on private properties, bringing unhealthful and noisome odors and materials into residential neighborhoods, creating a cluttered and otherwise unsightly areas, preventing the full use of residential streets for residential parking, introducing commercial ad- vertising signs into areas where commercial advertising signs are otherwise prohibited, and otherwise adversely affecting residential property values and neighborhood patterns. Subd. 2. Unlawful Parking. It is unlawful for any - person, owning, driving or in charge of a vehicle of any of the types hereinafter specified to cause or permit such vehicle to be parked or to stand continuously for more than two hours on any residence property or on any public street in the city. This prohibition applies to the following vehicles and other similar vehicles. (Bill 1974 -15) 9/23/74 (1) Any bus designed to carry more than 9 persons. (2) Any motor truck or pickup truck having a capacity of one ton or more. (3) Any tractor, truck - tractor, truck - trailer or any type of trailer. Subd. 3. Exceptions. Subdivision 2 shall not apply to the following vehicles: (1) Any motor truck, pickup truck or similar vehicle being used by a public utility, moving company, or similar company, which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. (2) Any vehicle which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the period of time reasonably necessary to make such pickup or delivery and in excess of the two hour limit shall be unlawful. (Bill 1974 -15) 9/23/74 (3) Recreational vehicles and equipment. (Bill 1974 -15) 9/23/74 Subd. 4. Unlawful Storage - Special Use Permit. It is unlawful for any person owning, keeping, driving, or in charge of any house trailer mobile home, airplane, construction or home - occupation machinery, equipment or supplies, or other machinery, equipment, supplies or materials not customarily used or needed in connection with the occupancy of residential property for residence purposes, to cause or permit the same to be stored outside of a building on any residence district property for a total of more than 30 days during any calendar year without first obtaining a special permit to do so in accordance with Subdivision 5 of this section. (Bill 1974 -2) 5/28/74 Subd. 5. Permit to be Issued by Manager. Applications for permits issued pursuant to this section shall be made to the manager. The manager or his designate shall issue such permits only in accordance with this section and only in strict compliance with Subdivision 6 of this section. 9/23/74 ORDINANCE CODE 74 CITY OF RICHFIELD, MINNESOTA • Subd. 6. Conditions Governing Issuance of Permit. No such permit shall be granted if the manager or his desi�,nate determines that granting; the permiL will create, or be likely to create an adverse influence upon the residence district involved, or upon persons or property in the vicinity of the location for which the permit is sought. (Bill 1974 -2) 6/28/74 Subd. 7. Appeal to Board of Adjustments and Appeal. Any person aggrieved by a decision made to the administration under this section shall have recourse to the board of adjustments and appeals in accordance with the procedures set forth in Section 3.40 of this part. Subd. 8. It is unlawful for any person in charge or control of any property within the city, whether as owner, tenant, occupant, lessees, or otherwise, to allow any partially dismantled, non - operating, wrecked, junked, or dis- carded vehicle to remain on such property longer than 96 hours, and no person shall leave any such vehicle on any property within the city for a longer time than 96 hours; except that this ordinance shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city. (Bill 1968 -13) 10/14/68 6/28/74 ORDINANCE CODE 75 CITY OF RICHFIELD, MINNESOTA 0 • 0 DR. E. O. CORAZALLA 2412 W. 66TH ST. MINNEAPOLIS. MINNESOTA 55423 612-869-8277 1 January 1983 Richfield Mayor and Council Members: ? Penn and 66 th Project When I and my wife attendad the council meeting on 13 th day oi' December 1982 we had reason to believe the project was in its fetal, neonatal or formative stages. 'JUe are directly affected and had not previously been made aware of the project. N04ONE had ever came to our place of business and contacted us. We had seen no plans.. An EIGHTEEN (18) foot wide concrete median in front of our place, our loss of TP,ETS (Huge Trees) retaining walls, mature buffer and privacy hedge, lamp posts, planters etc. and no one had heretofore contacted us. WHY NOT? Do we need an Eighteen Foot wine concrete median.. 911 reasons cited by 1.1r. Eastling for the project can be easily rendered null and void.. A. SAVINGS TO r1�OTORISTS IN ATTTO XPENS 'IT'D IHISi1HE TIT-1E. 1. Did anyone think about the added minutes residents would expend getting into their driveways, plus added driving and maintenance of and on residental streets. 2. Did anyone consider the added miles and time rubbish haulers, beer trucks, suppliers etc., would expend. Again driving around residental street to gain access to businessess Yes, time and time is money.. 3. And how about the many partons of subject businesses. They as well would be required to roam around residental streets to gain access. "zany due to inconvenience would shot, elsewhere. Yes, all creating added time, fuel and waste. Note: Also added safety and maintenance problems would develop on residental streets.. 4. Did anyone consider if traffic smoothed thru Penn and 66 Yh they would back up at the next intersections where nothing if being done. Waiting lines would get much longer at Penn and Brosstown in fron t of Lunds, Penn and 76 th and Penn and 1914 as well as 66 th St. and 35 W etc. etc. Enhanced traffic flow in one area will merely creatb- greater problems elsewhere.. B. VAINTENANCE- The county has done little to NOTHING to maintain this intersection in the past twenty year's. Just last Spring they tossed some blacktop in the holes. I at that time spoke with a repairman on 66 th St. ?ie informed me he and his crew were wasting their time. (What about Tax Payers Money). The product they were using had been frozen in a pile all winter long and would not remain in place for more than a day. HE WAS NIGHT. Due to diverted traffic on residental side streets(not designed or built` for heavy trucks or added load maintenance would Increase. This would be a Richfield maintenance problem, not a county one 0 DR. E. O. CORAZAL.I_A 2412 W. 66TH ST. MINNEAPOLIS. MINNESOTA 55423 612-869-8277 C. SAFETY: Yes, we have a few accidents at Penn find 66 th Interse &tion It is one of the busiest in the state. An estimated 35,000 car per day. NOTE: FIGURE I FAIL TO BELIEVE) Even with improvements accidents shall occur. Due to diverted traffic on very narrow as well as hillitside tal streets in more accidents may occur at adjoining ne an effort- to solve one problem two or more may be created with a negative net effect.. OTHER OBSERVATIONS: I. Richfield P pulation has been reduced drastically in the past ten years and sell continue to decline in future years according to demographers. Logic dictates less traffic volume. For over 22 years I have carefully observed the traffic flow and volume at the Penn and 66 th intersection. Traffic volume has appeared less heavy in recent years. II. Subject project will certainly curtail if not destroy numerous long term businesses on the corner. Thus also a reduced traffic volume and less need. These businesses now exist and prosper due to easy accessibility, observability find traffic volume. • Destroy them and you destroy any need that "y exist -for improvements. 0 The evening of 13 th December 1082 the Mlfiyor read a statement that if someththg is worth doing it is worth doing' well. (,Ill the way)) Cne should keep this in mind. The major shopping center is very old and outdated. Yes, they have plans to expand. Where shall they provide added parking? A proper and bold plan would encompass the entire area. Moving businessess not destroying them. I was informed this is what the city desires BUT money at present is not available. Then wait! Make minimal improvements neglected for the past twenty years until adequate funding is available for a proper and bolder project.. �e spectfully, 0. Coraealls 0 -tr II D CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 6 Agenda January 10, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Minutes, Bid Tabulations, and Award of Contracts for Water Treatment Chemicals On December 15, 1982, bids were opened for various water treatment chemicals. A copy of the bid minutes and tabulations are attached for council review. Quick Lime Two bids were submitted for quick lime, a water softening chemical. The lowest responsible bid was $71.35 per ton submitted by Cutler Magner Co. The cost per ton in 1982 was $68.95, in 1981 $66.90, and in 1980 it was $63.08 per ton. It is estimated that the city will use 1,400 tons of this chemical in 1983 at a cost of $99,890. Liquid Aluminum Sulfate The only bid submitted for this water softening chemical was by Hawkins Chemical in the amount of $133 per ton. The 1982 cost per ton cost was $133, and the cost in 1981 was $121 per ton. The estimated total expenditure in 1983 for an estimated 100 tons is $13,300. Liquid Anhydrous Ammonia Three bids were submitted for this water softening chemical. The lowest responsible bidder was Van Waters and Rogers, at a price of $.2895 per pound. This is the same as the 1982 cost, and lower than the cost in 1981 and 1980. The total estimated 1983 cost will be $868.50, based on one and one -half tons usage. Hydrof lours it is Acid Two bids were submitted, with the low responsible bid sub- mitted by Jones Chemical, Inc. in the amount of $.88 per gallon. The estimated total 1983 cost will be $5,280 based on 6,000 gallons usage. • • Council Letter No. 6 Sodium Tripoly Phosphate -2- January 1 0 , 1983 Four bids were submitted for this chemical which is used as a conditioner of water and of the sand filters used in the water processing. The lowest responsible bid was submitted by Van Waters and Rogers in the cost of $.449 per pound. This compares to a cost of $1.089 in 1982. The total estimated 1983 cost will be $5,388 based on 12,000 pounds usage. r1nInrina Three bids were received for chlorine. The lowest responsi- ble bid was submitted by Jones Chemical in the amount of $.109 per pound. The estimated 1983 expenditure will be $1,752 based on 16,000 pounds of usage. Summary Funds for these purchases are included in the 1983 budget document of the water treatment plant. It is recommended that the city council take the following actions: 1. Accept the bid minutes and tabulations on the water treatment chemicals; 2. Accept the bids and award the contracts as follows: A. -Quick lime, $71.35 per ton - Cutler - Magner B.- Liquid Aluminum Sulfate -$133 per ton - Hawkins Chemical C.- Liquid Anhydrous Ammonia- $.2895 per pound -Van Waters & Rogers D- Hydrofloursilic Acid - $.88 per gallon -Jones Chemical E.- Sodium Tripoly Phosphate -$.449 per pound -Van Waters & Rogers F.- Chlorine -$.109 per pound -Jones Chemical Respectfully submitted, /J Karl Nollenberger City Manager cc: Community Services Director Finance Coordinator KN /eja CITY OF RICHFIELD Bid Opening December 15, 1982 Chemicals for Water Treatment Plant Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Sylvia K. Bergh, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Water Treatment Chemicals, as advertised in the official newspaper on November 24, December 1, and 8, 1982. Present: Joyce L. Wilde, Administrative Services Director Don Fondrick, Community Services Director Sylvia Bergh, City Clerk The following bids were submitted and read aloud: BIDDER AND LIQ. ALUM. LIQ. ANHY. HYDROF. SODIUM TRI- BID SECURITY QUICKLIME SULFATE AMMONIA ACID POLY PHOSP. CHLORINE Cutler - Magner Co. B.B. 5% $99.890 Van Waters & Rogers B.B. 5% $868.50 $5,388 $2,144 Ones Chemicals B.B. 5% $870 $5,280 $5,532 $1,752 Hawkins Chemical B.B. 5% $13,300 $2,160 Nalco Chemical Cashier's Check $626.40 $12,528 Western Lime B.B. 5% $113,092 Feed -Rite Controls B.B. 5% $930 $5,340 $5,790 The City Clerk announced that the bids would be tabulated and considered at the regular city council meeting of January 10, 1982. Sylvia K. Bergh City Clerk 171 0 CJ CITY OF RICHFIELD, MINNESOTA' Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Council Members: Council Letter No. 5 Agenda January 10, 1983 Subject: Variance Request to Construct an Eight Unit Condominium at 6945 Penn Avenue At the December 13, 1982 city council meeting, the city council considered a variance request from Associated Brokers to allow the construction of an eight -unit condominium on the site located at the northeast corner of 70th Street and Penn Avenue. The variance requested was to reduce the minimum lot area requirements for an eight -unit condominium from 20,000 square feet to 14,952 square feet. The proposed development met all other MR -2 zoning district requirements. The city council denied the variance request. Subsequent to that council action, Mr. Attilio DeMarco and Mr. James Hauptman, representing Associated Brokers, have re- quested that the city council reconsider their variance request at the January 10, 1983 city council meeting. At the December 13, 1982 council meeting, concern was ex- pressed by neighbors that the proposed development would set a precedent which would allow high density multiple residence de- velopment on other vacant lots on the east side of Penn Avenue south of the site in question. These other vacant lots are all currently zoned R Residence district. Multiple residences are not permitted principal uses in an R Residence District. A two family dwelling could be constructed in an R Residence District if a special use permit is granted by the city council. A re- zoning would be required if the property owner wished to develop the sites with more than two dwelling units. The rezoning process offers ample opportunity for public in- put and for protection of the surrounding neighborhood. First of all, the rezoning could only be initiated by the city council or by a petition being filed containing signatures of 51 percent or more of the property owners within 300 feet of the property to be rezoned. If there was potential for harm to the neigh- borhood, the city council could refuse to initiate the rezoning or the surrounding property owners could refuse to sign a petition requesting the rezoning. If the city council initiates Council Letter No. 5 -2- January 10, 1983 the rezoning or a valid petition is filed, there would still be ample opportunity for citizen input because at least two public hearings must be held before any rezoning request is approved. Therefore, it is the opinion of the staff that approval of a variance request at 6945 Penn Avenue does not set a precedent which would be detrimental to the public welfare. The following is a summary of the staff's review of the variance request: Staff Findings The staff has reviewed the three conditions for granting variances and found the following: 1. It is the opinion of the staff that there are no special circumstances present on this site. The size and configuration of the parcel is similar to other multiple residence zoning district sites in the area and community as a whole; 2. Denial of the variance would not prevent reasonable use of the property. A five -unit multiple residence could be developed on the site without a variance; 3. The proposal will not materially or adversely affect the health or safety of persons residing or working in the neighborhood. The scale and design of the proposed structure is of the character of a single family residence which is the character of the area. Traffic generated by the proposed structure should be minimal because of the residential nature of the unit and the fact that there will only be studio and one bedroom units. Screening will be provided be- tween the proposed structure and the adjacent single family residences. It will also benefit the commun- ity by providing additional affordable housing units and tax base in the community, and by cleaning up a presently poorly maintained vacant lot. A drainage plan has not been submitted to insure that the pro- ject will not add to existing drainage problems in the area. Staff Recommendation The staff feels that the proposal is a good project which will not be detrimental to the neighborhood, and one which will be a benefit to the community. However, because the proposal does not meet the three conditions for granting variances, the planning staff must recommend that the variance request be denied. The city manager recommends that this variance request • be approved. Council Letter No. 5 -3- January 10, 1983 • If the city council approves the variance request, it is the recommendation of the city staff that it be stipulated that the applicants should submit a drainage plan for city staff approval. Planning Commission Recommendation The planning commission unanimously recommends that the variance request be approved with the stipulation that a drainage plan be submitted for the approval of the city staff. Respectfully submitted, Karl Nollenberger City Manager cc: Community Development Director City Planner KN /ej a 0 • Associated Brokers Commercial & Investment Real Estate Services 760 SOUTHGATE OFFICE PLAZA, BLOOMINGTON, MN 55437 612/831 -0599 November 8, 1982 Mr. Rick Jopke Citv Planner City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 RE: Variance request- 70th & Penn , Condominium project. Dear Mr. Jooke: Pursuant to Section 3.3/A,, Subdivision 4A of the Richfield City Ordinance, enclosed please find our application for a variance request for minimum lot area requirements on the above mentioned property and residential condominium project. Prior to our involvement with the above property and condominium project, a variety of proposals were made'to the Citv which resulted into unsuccessful attempts to construct a residential structure on the site. In our consideration of the same, we've given careful study to the surrounding buildings and existing character of the community when designing our proposed residential project. We believe that we have developed a concept plan that blends well within the community and at the same time is economically. viable. It is our goal to provide new housing for the sector of the market which is difficult to reach in today's economic climate, that being, the _young professional single and couple and empty nester resident. In reviewing our concept with you our project met all the other criteria of the ordinance as follows: 1. Proper zoning 2. Unit square footage requirements 3. Parking requirements- 2 stalls per dwelling unit 4. All set -back requirements 5. ratio of "green space" to structure size In light of our mutual conversations concerning our proposal, we would apprec- iate your favorable consideration and recommendation for approval of our variance request. Thank you for your time and utmost consideration. Sincerely yours, Y.', �% James B. Hauptman At'Hio S. De * arco NI N N �D O. O ; CL N W =^ Q I I Gig mi CC x ^ = x C7 O zitz. /1 (i m ro ! m W RT- 1 W mac Ji I{ r-. G , m W CL W 0. - �= 'T ................. r W0. / Y CC � W t W c x � O ; mI O L o m S M,i�J//i{I � � II O NN l p,J CL j 4 m Ca iii m z n G cl I Y it Y l N n — Y W W j• c o LU i * Previous Variance (300) Normally Required • MR -2 DISTRICT REGULATION ANALYSIS REQUIRED PROPOSED Minimum Lot Area 20,000 sq ft 14,952 sq ft Lot Dimensions 75 ft 112 ft !Maximum Lot Coverage 300 29% '.Minimum Outdoor Open Space 200 sq ft per 211 sq ft per unit* (300) unit Front Yard Setback 22 *(30) 22 ft (Penn Ave) Streetside Sideyard Setback Height of Building 29 ft (70th Street) = 25 ft Interior Sideyard Setback Height of Building 26 ft = 25 ft Rear Yard 25 ft 43 ft 1Maximum Height 42 ft 25 ft 'Jinimum Floor Area: 500 sq ft 500 sq ft Studio Unit Minimum Floor Area: 650 sq ft 662 sq ft 1 Bedroom Unit !,Minimum Parking 2 spaces per unit 2 spaces per unit * Previous Variance (300) Normally Required • LLI r ............... 2 \Y4 5 4'D (144) 00 7 Z LIJ U-1 -F7REET 4' 16 6LOA J\Qbj3 1 4' 70t f (Z2 (ZA STREET CL FEN I Single Family., Vacant IOA)- dd Ter oil 9 0 J LLI r ............... 2 \Y4 5 4'D (144) 00 7 Z LIJ U-1 -F7REET 4' 16 6LOA J\Qbj3 1 4' 70t f (Z2 (ZA STREET CL FEN IZ `5513 50-) LAND USE quasi Public [[ � Co.-unercial r. Apartments I Single Family., Vacant IOA)- dd Ter oil 9 0 L IZ `5513 50-) LAND USE quasi Public [[ � Co.-unercial r. Apartments .i,'t',54) ­ W000 I Single Family., Vacant IOA)- dd oil 0 L .i,'t',54) ­ W000 I IOA)- dd oil z 13 (41) (40) 4 .1 CO)! P , i (44) 2 bV 1.. A lye-- 6 19 T � ^ City Of Ritr aid Yj � ..� )L i S 1" r tis V C� c G.�. i- l✓� h G s � P P �� u.c� � y 4= u r �. l( R. J rat, c y ✓'V cc �'�t, 4 f ,Sr CU YS� �ee tL 7Z GA/ r, t �7 ti2( Lj�v� �Ca ✓�( l 1(,4 . /. Gt S �. G{ .tiff T 4 At tt °� r e- G a 5 N r L �— C(' , • 0 L Ct [ Il rA I�"'r C/.'. .rA� ~ ? �f et .e L ie V ✓ fi �i/ �':.� O"L li 6 u- G/ ,J Y19 W.e Mr. Rick Jopke City Planner City of Richfield 6700 Portland Ave- 1 ichfield, Mn. November 23, 1982 Dear Mr Jopke; After receiving notice of a hearing I dropped in at city hall this morning and looked at the plans for the town houses for the property at 6945 Penn Ave. So. They are very attractive and I would be happy to see something of this type go in on this property. For years It has been • an eyesore. I am sure that it would also bring in some good tax money that we need in Richfield; also chances are there would not probably be a lot of children which would cause more expenses for the school system. I am owner, taxpayer of various property in the city and hope by building something like this it would be profitable for the city. I hope that the planning commission looks favorable upon this project. I might say that I know noor_e involved in this project, owners or builders or whatever. The appearance of _plans are beautiful if that is the way they will look. S incere /- --- -'` Stein 8821 Crestwood Rd. Bloomington, Mn •