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01-14-80 agnedaCITY OF RICHFIELD, MINNESOTA A- Office of City Manager Council Letter No. 35 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ratification of Labor Agreement with Local 49 There is an item on the January 14, 1980 city council agenda providing for council ratification of the 1980/81 Master Contract Agreement with Union of Operating Engineers Local 49, the bargain- ing group which represents most of the city's maintenance personnel. Richfield and 21 other communities negotiate a master contract agreement with Local 49 which covers most of the major contract items, including most of the language and economic benefits. The contract which is before the city council on January 14 represents the master contract. The City of Richfield, and each other indiv- idual city, is responsible for negotiating with its own group of Local 49 employees on issues not covered by the master contract which are bargainable under terms of the Minnesota Public Employee Labor Relations Act. In Richfield's case, there are but two or three issues which have been raised by the 49ers to be addressed in local negotiations, and no more issues than that to be addressed with which the city is concerned with addressing on the local level. It is anticipated that negotiations on the local contract will be initiated before the end of this month. The major economic issues relating to the Local 49 employees are addressed within the master contract. The major changes with economic impact which are included in the 1980 contract include the following: the employer will contribute up to a maximum of $85 per month per employee during 1980 for group health and life insurance, including dependent coverage. The maximum employer contribution for insurance coverages to Local 49 employees during 1979 was $72 per month. The employee will provide 11 paid holidays, rather than 10 paid holidays. The top step of each payroll class- ification will be increased by 62? per hour. The first and second steps of the three step range will be adjusted to be at 900 and 95% respectively, of the top step. The percentage increase on this wage adjustment ranges from 8.4% for a light equipment operator to 8% for a heavy equipment operator. The contract is to cover both 1980 and 1981, with the city's insurance contribution and the wage schedule to be reopenable for negotiation during cal- endar year 1981. Council Letter No. 35 -2- The master contract for Local 49 for 1980 is basically consistent with adjustments for other groups of city January 14, 1980 which has been negotiated the wage and other economic employees in 1980. One of the considerations which the council may wish to add- ress with regard to the proposed master agreement with Local 49 for 1980 relates to the addition of one more holiday. Richfield police officers and supervisors already receive 11 paid holidays. The employees represented by the firefighters bargaining group receive holidays based on their 24-hour work day, which is difficult to compare to the 8-hour shift assignments and work day holidays given other employees. However, the city's management and general service employees only receive 10 paid holidays. It would be my suggestion that the city council consider a means of amending the ordinance code to establish 11 paid holidays for these em- ployees as well, to be consistent with the holiday schedule now provided for those employees represented by organized bargaining groups. 40 • The city council will be presented with a resolution at the January 14, 1980 city council meeting which will provide for rat- ification of the proposed master agreement between the City and Local 49 for the year 1980 and 1981 and authorizing a transfer from the contingency account to the appropriate departmental accounts which is necessary to implement the financial settlement described in this contract agreement. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Administrative Services Director Community Services Director Finance Coordinator 1 q' Cf ?v `? 9 RESOLUTION NO. RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING 10 BETWEEN CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 AFL/CIO FOR THE YEARS 1980/81 WHEREAS, the City Manager and the Metropolitan Area Management Association have reached an agreement with the International Union of Operating Engineers Local 49 for the years 1980/81; and WHEREAS, this agreement establishes the 1980 contract provis- ions and provides for new contract provisions for 1981, and WHEREAS, the personnel ordinance requires that contracts be- tween the City and the exclusive representative of employees in an appropriate bargaining unit shall be implemented by council resol- ution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Memorandum of Understanding between the City of Richfield and the International Union of Operating Engineers Local 49 for the years 1980/81. BE IT FURTHER RESOLVED that the City Manager is hereby auth- orized to execute the agreement on behalf of the City of Richfield. Passed by the City Council of the City of Richfield this 14th day of January, 1980. Mayor ATTEST: Sylvia K. Bergh Acting City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM 1980 CONTINGENCY TO VARIOUS DEPARTMENTS WHEREAS, Resolution No. 6130 appropriated funds for each depart- ment of the City for 1980; and WHEREAS, a contingency appropriation was made in the General Fund for various purposes, including the 1980 salary adjustments and the related fringe benefit contributions, and WHEREAS, Resolution No. approved the labor contract between the City of Richfield and the International Union of Operating Engin- eers Local 49 AFL/CIO providing for a pay plan and certain supple- mental wage benefits for 1980/81; and WHEREAS, Resolution No. approved the labor contract between the City of Richfield and the International Union of Operating Engineers Local 49 AFL/CIO providing for ratification of the 1980 pay plan and certain supplemental wage benefits and it is hereby determined necessary to transfer $38,881 from the 1980 contingency to reflect adjustments. NOW, therefore, be it resolved by the city Council of the City of Richfield that the sum of $38,881 be transferred from the contingency appropriation of the General Fund to the following de- partment: Community Services $38,881 Passed by the City Council of the City of Richfield this 14th day of January, 1980. Donald J. Priebe Mayor ATTEST: Sylvia K. Bergh Acting City Clerk 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager 0 Council Letter No. 34 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Discussion of Order of Business for Council Meetings Several council members have recently indicated an interest in reviewing the existing order of business relating to the conduct of council meetings. Three specific proposals have been suggested that relate to council agenda procedures: 1. Provision of allocated time at the beginning of the agenda to permit residents to address the council on miscellaneous matters not specifically related to other agenda items; 2.' Consent agenda procedures 3. .License and permit approvals The city code, section 2.01 through 2.08 (copy attached), es- tablishes the existing rules and order of business for city council meetings. These ordinance provisions have been enacted in accord- ance with Section 3.03 of the city charter, which provides "the council shall determine its own rules and order of business." The city attorney has suggested that if the council wishes to establish a new rule of procedure, it should be done by amending the appropriate sections of the ordinance code. For instance, if the city council wishes to establish a time period at the beginn- ing of each council meeting to permit citizens to address the council, that order of business should probably be listed in Section 2.03. I would suggest that if the council wishes to es'ab- lish this type of agenda item, that the city council also adopt, perhaps by resolution, the specific procedures to be followed in receiving such testimony from members of the public, and regulat- ing the specific time on the agenda allocated for this purpose. Ordinance Section 2.07, subdivision 2, contains provisions relating to special rules. If the city council wants to provide . for a special rule permitting a consent calendar, or as it is sometimes called, a consent agenda, it would be appropriate for Council Letter No. 34 -2- January 14, 1980 such a provision to be adopted in this section of the code. Such a provision could, in substance, authorize the city manager to place any item which he deems to be of a routine or non-contro- versial nature, on a consent agenda. Any council member could re- quest that any item on the consent agenda be removed from the consent agenda and made a separate item of business. All items not so removed from the consent agenda, could then be acted upon by the council by a single, non-debatable motion. Items which are customarily included on consent agendas are: Approval of minutes of previous meetings, acknowledgement of commun- ications to the council and the granting of licenses and permits. Other items which might appear on a consent agenda could include release of contract bonds upon completion of contracts, approval of partialpayments on construction contracts, approval of claims, and perhaps purchases in excess of $1,000. A final matter which members of the city council have requested the staff to look into, relates to the issuance of licenses and permits. On almost every city council agenda, there are numerous licenses and permits listed for council approval. These range from certain types of signs and parking permits, to various amusement related permits, to taxicab driver licenses. Attached to this council letter is a summary prepared by the city attorney's office of licenses and permits currently issued by the city and the current issuing authority. This listing is provided to the council for . discussion and determination if the council wishes to establish different,issuing authofizations for any or all of these permits. Res ectfully submitted, Val Nollenberg' City Manager KN/era CHAPTER II OPERATION AND ADMINISTRATION OF CITY GOVERNMENT PART I. CITY COUNCIL 2.01. REGULAR MEETINGS. Regular meetings of the City Council shall be held on the second and fourth Mondays of each month at 7:00 PM at the City Hall. If any such Monday is a legal holiday, the meeting shall be held on the next following day at the same hour and place. 2.02. SPECIAL MEETINGS. The Mayor or any two (2) members of the Council may call special meetings of the Council upon at least twelve (12) hours written notice to each member of the Council. This notice shall be delivered personally to each member or shall be left at his usual place of residence with some responsible person. 2.03. ORDER OF BUSINESS. At the hour appointed for the meeting, the members shall be called to order by the Mayor, and in his absence, by the acting Mayor. The Clerk shall call the roll and note the absentees. If a quorum is present, the Council shall then proceed with its business in the following order: (1) Approval of Minutes of Previous Meeting (2) Administrative Reports (3) Public Hearings, including Ordinance Hearings (4) Other Public Appearances 0 (5) Proposed ordinances (6) Resolutions (7) Other Business. 2.04. MINUTES. Subdivision 1. Approval of Minutes. The administrative staff shall provide a printed copy of the minutes of each meeting to each Councilman as soon as possible after each meeting. If such printed copies have been distributed to the council members in advance of the next regular meeting of the council, the minutes may be approved without verbatim reading. Amendments or corrections proposed by any member of the council may be made by the clerk, but no amendment to which objection is raised by any member shall be made without the approval of a majority of the council. Subd. 2. General Contents of Minutes. The clerk shall record all material matters considered by the council in the minutes. Ordinances, resolutions, communications and claims considered by the council need not be recorded in full in the minutes if they appear in other permanent records of the clerk and can be accurately identified from the description given in the minutes. The council may.in its discretion direct that any one of the above be fully set out in the minutes. Subd. 3. Copies of Ordinances, Reports and Resolutions. All ordinances and resolutions introduced before the council shall be assigned a file number by the clerk. Copies of any proposed ordinance shall be available for inspection by the public. 5 4/8/68 ORDINANCE CODE CITY OF RICHFIELD, MINNESOTA 2.05. COUNCIL AGENDA. Subdivision 1. Contents. The manager shall prepare an agenda for each regular meeting. The agenda shall include the items set forth in the order of business as specified in Section 2.03 of this chapter. Subd. 2. Completion of Agenda - Deadline. The agenda for any regular meeting shall be compiled and completed by 4:30 PM on the Wednesday preceding a meeting. Matters of an emergency nature not on the agenda may be considered by the council only upon a unanimous vote of those councilmen present. 2.06. ORDINANCES AND RESOLUTIONS. Subdivision 1. Introduction and Adoption. All legislation of the City shall be by ordinance. Ordinances, resolutions and other matters requiring Council action shall be introduced by a member of the Council; provided, however, that the City Manager may present ordinances, resolutions and other matters for consideration. Subd. 2. Readings. Every ordinance proposed for passage shall receive two (2) readings before the Council prior to final adoption. An ordinance need not be read in full unless a member of the Council requests such a reading. Subd. 3. Emergency Ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health and morals, safety, or welfare in which the emergency is defined and declared in the preamble. An emergency ordinance must be adopted by the unanimous vote of the Council Members present. Subd. 4. Amendments. Amendments may be made to a proposed ordinance after either its first or second reading. Subd. 5. City Charter Provisions. In all other respects the provisions of the City Charter applicable to ordinances and resolutions shall govern. 2.07. RULES OF ORDER. Subdivision 1. Presiding Officer. The Mayor, or in his absence the Pres- ident Pro Tempore, shall preside at Council meetings, preserve order and decorum, and decide questions of order. The Mayor's duties under this sub- division shall be in addition to his duties, rights and privileges as a Councilman. Subd. 2. Special Rules. The following special rules shall be applied; (1) A member may be excused from voting on a matter duly before the Council only with the unanimous consent of the other members present. (2) A motion before the Council shall be reduced to writing by the Clerk at the request of any Council member. (3) Such other special rules may be adopted and included in this sub- division as the Council from time to time deems necessary. Subd. 3. General the Council shall Rules of Order". Rules. In all other matters of parliamentary procedure, be governed by the latest printed edition of "Robert's i 4/8/68 ORDINANCE CODE 6 CITY OF RICHFIELD, MINNESOTA Subd. 4. Suspension of Rules. The operation -.ind effect of any rule estab- lished or followed pursuant to this section may be suspended upon the unani- mous vote of the Council. • 2.08. ATTENDANCE AT COUNCIL = TINGS. The attendance at council meetings of each member of the council is deemed to be one of the most important duties imposed by law upon him. His presence to participate in the hearings, delib- erations and decisions of the Council is essential to the proper discharge of his official duties. Recognizing that it is not always possible for each member of the Council to be present at all meetings, and that by reason of business demands, state of health, personal problems, vacations and other matters occasional absences are excusable, the following rules apply to absences of Council members from council meetings when invoked by resolution: (1) The Council may by resolution at any time invoke the rules hereinafter set forth, and such rules shall thereupon remain in effect until the end of the calendar year during which the resolution is passed unless revoked prior to that time by resolution of the Council. (2) No member of the Council shall be absent from any regular meeting of the Council, nor from any special meeting of which he receives proper notice, unless excused by a majority of the Council. (3) Notices of special meetings shall be deemed properly addressed if addressed to the address shown on the member's voting registration. (4) For each unexcused absence from a regular or special meeting of the Council, each Councilman shall be penalized by a fine of such amount not ex- ceeding $75, as set out in the resolution invoking these rules, and the Mayor is penalized by a fine of such amount, not exceeding $100, as may be set out in such resolution. The resolution may specify a lesser penalty for absence from a special meeting than a regular meeting. (5) Any member of the Council desiring to be excused sliall, insofar as possible, give advance notice in writing to the Clerk, stating the meeting at which-lie will be absent, his reason for being absent and where lie will be during the meeting. (6) If circumstances prevent a member from giving such advance written notice, he shall give a written statement to the Clerk as soon as possible after the meeting from which he was absent, setting forth the reason for his absence and his reason for being unable to give such advance notice. (7) At the next ensuing meeting after such written notice or explanation is received, the Council shall act to either excuse the absence or refuse to excuse it. (8) Until the Council has received and acted on such written notice of explanation, further salary of the member who has been absent shall not be paid. (9) If the Council deteryines that the absence is not excused, the amount of the penalty for each unexcused absence shall be deducted from the salary of the member whose absence was not excused. (10) The total penalties for such unexcused absences occurring during any month shall not exceed the amount of the total monthly salary of any Councilman involved. CROSS-REFERENCE: See Chap. YII, Part I, for "Miscellaneous Admini- strative Regulations". CROSS-REFERENCE: Also to Municipal Elections. ORDINANCE CODE see Chap. II, Part V, for provisions relating 7 4/8/68 CITY OF RICHFIELD, MINNESOTA i Licenses & Permits Arcade Amusement Device Bingo & Gambling Itinerant places of amusement Public dance General amusement Theater Roller rink Sauna & Massage Masseuse Fortune teller Dog-cat • Kennel Pigeons Non-domestic animals Bicycles Aircraft landing Food vehicles Garbage & refuse Motor vehicle dealer Motor bicycle sales Sound truck Taxicab Taxi driver Issuing Authority City Council Council Council Council Council Council Council Council Council Council Council Unnamed in ordinance Council City Council City Council Statutory Council Sanitarian, see Minn.Stat. Council (not in ordinance) Council (not required by ordinance) Council (not required by ordinance) Clerk or Council depending on licensee's record. Council (not required by ordinance) Council Licenses & Permits i Building Permit Swimming Pool Erection Permit Building Moving Demolition Sidewalk, driveway, curb & gutter Street Excavation Building sewers and connections Plumbing permit Residential, commercial Heating & ventilating annual license • Electrical work permit Benches Fire prevention code permits Sign installation Sign installer Sign maintenance permit Parking areas Water softener installer '? Water softener installation Well driller Off street parking contract Issuing Authority Building inspector with recourse to City Council Chief inspector with prior approval of sanitarian. City Council, but see Minn.Stat. 221.81. Director of Public Works. Director of Public Works Building Inspector Building Inspector Chief inspector with approval of City Manager Fire Chief with appeal to Council City Council Chief Inspector City Council Chief Inspector City Council, but see Minn.Stat. Council . Licenses & Permits Rental of utility trailers & trucks Firearms dealers Itinerant food establishment Retail candy shop Food establishment Vending machine Car wash Scavenger Incinerator Tobacco sale Soft drink • Transient merchant e Wagon peddler Christmas-tree sales Motel Outdoor merchandising On-sale 3.2 Off-sale 3.2 Tavern 3.2 Wholesale 3.2 Club-intox Set-ups-intox ; On-sale-intox Sunday-intox Employee-set up establishment Employee-on sale • Permit to reside in motel for more than 6 months Issuing Authority Council City Clerk Sanitarian Sanitarian Sanitarian Sanitarian Council Council Manager, but he may refer the matter to the council. City Clerk or Council Council (not required by ordinance) Council Council None designated. Council Chief Inspector Council Council Council Council Council Council Council Council City Clerk or Council if requested by applicant. City Clerk or Council if requested by applicant. Council t? 7 CITY OF RICHFIELD, MINNESOTA Office of City Manager CJ Council Letter No. 33 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Minutes, Tabulation of Bids and Award of Contract for Treated Lumber for Fence Construction On January 10, 1980, at 11:30 a.m., bids were opened by the Assistant City Manager in the city hall council chambers for treated lumber to be used to build the fence on the north side of 65th Street in the L/H/N redevelopment area. The Community Services Director, Acting Planning Director, and the Public Safety Director and Acting City Clerk also represented the city at the bid opening. A copy of the bid minutes and tabulations are attached. . The city received two bids to supply treated lumber. These bids were from G. M. Stewart Lumber Company and Lampert Lumber Company. The bid of Lampert Lumber in the amount of $5,679.41, was the low bid received. It is the recommendation of the Acting Planning Director, that the city council approve the low bid of Lampert Lumber Company for treated lumber and approve the contract with this firm in the amount of $5,679.41. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Acting Planning Director Finance Coordinator 0 0 CITY OF RICHFIELD Bid Opening January 10, 1980 Treated Lumber Bid No. 79-16 Pursuant to requirements of Resolution No. 1015, a meeting of the Admin- istrative staff was called by Joyce Wilde, Administrative Services Director, who announced that the purpose of the meeting was to receive, open and read aloud, sealed bids for Treated Lumber as advertised in the official newspaper on December 26, 1979, and January 2, 1980. Present: Joyce L. Wilde, Administrative Services Director Don Fondrick, Community Services Director Rick Jopke, Acting Planning Director Tom Morgan, Public Safety Director Art Bailey, Engineering Technician Marshall Raaen, Technical Services Supervisor Sylvia K. Bergh, Acting City Clerk C? The following bids were submitted and read aloud: BIDDER AND BID SECURITY AMOUNT Lampert Lumber, Richfield Certified Check $285.00 $5,679.41 - 40 day delivery G. M. Stewart, Minneapolis Certified Check $338.11 $6,762.22 - 6 week delivery The Administrative Services Director announced that the bids would be tabulated and considered at the regular city council meeting of January 14, 1980. Sylvia K. Bergh Acting City Clerl, CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 32 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Approval of Planned Unit Development Rezoning Ordinance, and Preliminary Plat, for Lyndale Fruit & Vegetable Market, Inc. Improve- ment Project HISTORY The redevelopment plan for the Lyndale/Hub/Nicollet redevel- opment plan adopted by the city council originally called for the existing Lyndale Fruit,& Vegetable Market, Inc. to be relocated to the home improvement center area at 66th Street and Lyndale Avenue. Multiple residences were to be developed on the present Lyndale.Market site. Subsequently, the staff determined that it was no longer economically feasible to relocate the Lyndale Fruit & Vegetable Market, Inc. as planned. On March 26, 1979, the city council amended the redevelopment plan to allow the existing Lyn- dale Fruit & Vegetable Market, Inc. building to be rehabilitated and expanded at its existing location. On November 13, 1979 the city council gave first reading approval to the attached ordinance amendment to accomplish the rezoning. PROPOSAL Mr. Burt Rutman is proposing to rehabilitate the existing 22,000 square foot Lyndale Fruit & Vegetable Market building and construct a 31,000 square foot building addition to the north of the existing building. The new addition would be used for stor- age, general sales, and greenhouse sales. The existing building would continue to be used as a general sales area. Exterior building materials to be used on both the existing and new build- ings will be brick, wood and greenhouse glazing. The existing print shop will remain, the parking area to the south of the existing building will be removed, and the ex- isting house to the north of the existing building will be re- located, either on the site or adjacent to it. There will also Council Letter No. 32 -2- January 14, 1980 be outside display areas south and west of the building, and also east of the new addition. All outside display areas will be en- closed by architectural picket, chain link or wood screen fences depending on location. The proposal involves several land acquisitions. The appli- cant will be requesting that the HRA acquire land adjacent to the north edge of the existing Lyndale Fruit & Vegetable Market prop- erty. This land would then be sold to the applicant to allow for the development of a new parking lot. The applicant also proposes to lease two small parcels of city owned land adjacent to Richfield Lake to increase the amount of outdoor display space available to him. Parking areas for 238 cars will be developed to the north of the building. Two existing homes would have to be removed to allow the proposed parking lot development to take place. The proposed parking lot would be lower than the adjacent residential properties and will be screened by a six-foot wood fence. Access to the parking area will be from one entrance to the site from Lyndale Avenue at 64th Street. An easement of 8-20 feet wide, in the amount of $55,000, along Lyndale Avenue for the planned Lyndale Avenue public improvements will be dedicated to the city at no cost, if the project is approved. Landscaping will consist of overstory trees, shrubs, bushes, • and ground cover which will conform to city standards. The applicant is requesting that C-2 General Commercial, R. Residentia to PC-2, Planned General Commercial. ing using Industrial Revenue Bonds to Construction is scheduled to begin in pletion in early winter, 1981. ZONING ORDINANCE REQUIREMENTS the site be rezoned from 1, and MR Multiple Residential The applicant is contemplat- finance the development. the summer of 1980, with com- 1. Section 3.32 and 3.33 set standards for commercial developments in commercial zoning districts. 2. Section 3.34A sets standards for planned unit develop- ment districts. 3. Section 3.41 establishes criteria for issuing special use permits. 4. Section 3.42 establishes procedures for zoning district changes. OTHER ORDINANCE REQUIREMENTS 1. Relationship to Ordinance and Plans The PUD ordinance requires that a PUD project be compared with zoning ordinance requirements otherwise Council Letter No. 32 -3- applicable to this type below is a comparison of type of development and development. 1. Parking spaces 2. Maximum Floor area 3. Setbacks January 14, 1980 of development. Shown city standards for this what is proposed in this Zoning Ordinance 250 a 174,307 Front-40' Rear-25' Side-15' PUD Proposal 238 52,025 Front-16' (existing bldg.) Front-36' (new addition) Rear-60' South side-234' North side-170' The comprehensive plan indicates that this site should be developed as medium to high density central business district development in- cluding retail commercial establishments. The site is within the boundaries of the L/H/N redevelopment project. The L/H/N redevel- opment plan calls for the rehabilitation and expansion of the existing Lyndale Fruit & Vegetable Market. The project plans have been coordinated with the subdivision regulations of the city and there is no departure from subdivision regulations. It is the opinion of the staff that the proposed project is in general conformance with the comprehensive plan, the redevelop- ment plan and the subdivision regulations of the city. The prop- osal does depart from the general commercial zoning district re- quirements for front yard setback. The existing building is set back 16 feet from the existing property line and 8 feet from the public improvement easement along Lyndale Avenue. The new addition will be set back 36 feet from the existing property.line and 16 feet from the easement area. It is the staff's opinion that the proposed setbacks will not be detrimental to the public welfare. The front yard setback of the new addition will be similar to the setbacks of the buildings to the north and to that of the Lyndale Avenue liquor store to the south. 2. Availability of Public Services - The site is adequately served by utilities including gas, water, electricity and sanitary sewer from lines within the Lyndale Avenue right-of-way. A storm sewer line runs through the property to Richfield Lake. North- western Bell has requested a five-foot wide utility easement through the property. 3. Traffic Circulation and Control - Access to the site will be provided by one entrance off of Lyndale Avenue at 64th Street. There will be a 22-foot wide entrance land and a 22-foot wide exit lane separated by a six foot median. There will be a left turn lane on northbound Lyndale Avenue to facilitate access into the site. Council Letter No. 32 -4- January 14,, 1980 The fact that there will only be one access into the site • poses some safety and traffic flow problems because all traffic is concentrated in one area. Lyndale Fruit & Vegetable Market can generate approximately 1700 ADT during peak seasons. The proposal would more than double the floor area of the building which could mean that up to 4000 ADT could be generated by the completed development. This estimate would be high, however, because the use is already established on the site and it has an established clientele. Some increase in traffic can be expected however. Lyndale Avenue adjacent to the site presently carries 14,700 vehicles per day. Once the L/H/N redevelopment project is com- pleted, traffic projections indicate that 16,300 vehicles per day will travel on Lyndale. Eighteen accidents occurred on Lyndale Avenue in 1978 according to public safety department records. The additional trips due to the proposed development could result in one or two more accidents over this segment of Lyndale Avenue. The planned public improvements, including channelization and signalization, will increase the capacity of Lyndale Avenue and reduce the number of accidents in the area. 4. Parking - City parking guidelines indicate that 250 off- street parking spaces should be provided on the site. Only 238 spaces are shown on the site plan. The proposed parking areas would not meet city parking standards in that some parking stalls will be only 18 or 19 feet deep, rather than the required 20 feet and some driving aisles would not be 24 feet wide. Also, the proposed parking lot would not provide the required 15 foot setback from the residence zoning district on the north edge of the prop- erty. A 10 to 12 foot setback will be provided. Sufficient land area exists on the site to provide sufficient number of spaces and to comply with city standards. The amount of outdoor display space would have to be reduced, however. A 6 foot high wood screen fence will be provided to protect the adjacent residences from the parking lot impacts. 5. Lakeshore Issues - Because the site is adjacent to Rich- field Lake which is classified as a public body of water, the plans have to be approved by the Minnesota Department of Natural Resources, the Army Corps of Engineers, and the Minnehaha Watershed District. The Minnesota Department of Natural Resources (DNR) has indicated that no cutting, filling, destruction of existing vegetation, con- struction or use of property can occur within the ordinary high water mark of the lake without a DNR permit. The DNR has deter- mined that the ordinary highwater mark occurs at an elevation of 115.95 feet. A portion of the outside display area and a portion of the new parking lot will fall within the ordinary high water mark. The applicant has indicated that the parking lot will be redesigned so that it will not be within the ordinary high water mark. DRN has approved a permit to allow the outside storage area to exist below the ordinary high water line. The applicants have agreed to provide runoff control measures which have been re- quested by the watershed district. Council Letter No. 32 -5- January 14, 1980 Potential problems exist also because of the proposed bike- way around Richfield Lake. The applicant has indicated that there • is insufficient space on his property to provide the city with an easement for the proposed bikeway. This means that the bikeway would have to be constructed outside the property and probably within the ordinary high water mark. This would limit the design possibilities of the bikeway and increase its cost. 6. Light Exposure, Air Circulation, and Open Space - There will be adequate light exposure and air circulation on the site. There will be adequate space between the proposed buildings and adjacent buildings which will insure sufficient light and air cir- culation to all buildings. Considerable open space will be main- tained around the proposed buildings. 7. Impact of Project on the Neighborhood - The project should have minimal effect on the surrounding neighborhood. Two single family residences will have to be removed to allow for the devel- opment of the north parking area. No undue increase in traffic will occur in surrounding residential areas because access to the site will be from Lyndale Avenue only. The primary building mater- ials to be used on the existing and proposed addition will relate well with surrounding buildings. Proper screening will be installed to protect adjacent residences from the proposed use on the site. 8. Preliminary Plat - The attached sheets 1-3, constitute the preliminary plat. All required information is shown except for a 5 foot utility easement for Northwestern Bell through the site. STAFF RECOMMENDATION , 1.; Preliminary PUD Plan - It is the staff's opinion that the proposal is in substantial compliance with applicable ordinances and plans. The project fulfills the goals of the city's comprehen- sive plan and the L/H/N redevelopment plan. The proposal will be compatible with surrounding structures and will have minimal impact on surrounding residential neighborhoods. Traffic generated by the proposal can be handled adequately by the planned improvements on Lyndale Avenue. Therefore, it is recommended that the city council approve the PUD plan with the following stipulations: A. That all site lighting, landscaping, and signing conform to city standards; B. That the 16 foot parking lot island north of the new addition be recluced to 6 feet to provide smoother traffic flow; C. That a turn-a-round be provided on Aldrich Avenue where it deadends at the Lyndale Fruit & Vegetable Market, Inc. property. D. That the exterior of the print shop be renovated to match the other buildings on the site; E. That the parking area be redesigned so that it will not be within the ordinary high water site. 0 2. Rezoning Ordinance - It is recommended that the city council approve the rezoning ordinance on second reading. Council Letter No. 32 -6- January 14, 1980 3. Preliminary Plat - It is recommended that the city council approve the preliminary plat with the following change: A. A 5 foot wide utility easement for Northwestern Bell be shown across the property. PLANNING COMMISSION RECOMMENDATIONS 1. The planning commission recommends that the PUD plan be approved with the following stipulations: A. That all site lighting, landscaping and signing conform to city standards; B. That all DNR, watershed district, and city lakeshore issues be resolved; C. That the 16 foot parking lot island north of the new addition be reduced to 6 feet to provide smoother traffic flow; D. That a plan be developed acceptable to staff to provide a turn-a-round on Aldrich Avenue where it deadends at the Lyndale Fruit & Vegetable property. 2. The planning commission recommends that the preliminary plat be approved with the following change: A. A 5 foot wide utility easement for Northwestern Bell be shown across the property. 3.' The planning commission also found that the proposed land acquisitions would be consistent with the city's comprehensive plan and the L/H/N redevelopment plan. It should be noted that a plan change has occurred since the planning commission considered this matter. The plan they consid- ered called for the removal of the print shop and the developer is now proposing to keep the building and use it for storage. Also another plan change may occur. The existing house which was to be relocated on the site may be relocated to a vacant lot adjacent to the site. If the city council feels that these are major changes which should be considered by the planning commission, they, can refer the PUD plan back to the planning commission for further consideration. It is the staff's opinion that these changes will not have detrimental impact on the project or the surrounding area and, therefore, that the-re is no need to refer the PUD plan back to the planning commission. Respectfully submitted, Karl Nollenberger City Manager 0 KN/eja cc: Planning Director Acting Redevelopment Director 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 3 is amended by amending paragraph (18) to read as follows: (18) Lots 1, 2, 3, 4 Block 1 Ray's Lynnhurst 2nd addition, and Lots 1, 2, 3, 4 and 5 Block 1 Woodlake Investment Addition, and that part of Section 28 Township 28, Range 24 lying within the following described boundaries: Beginning at a point on the east line of Government Lot 3 a distance 1,176.30 feet south from • northeast corner thereof; thence S 820 00' W a. distance of 178.23 feet; thence northerly and parallel to the east line of Government Lot 3 a distance of 140.17 feet; thence east 3.15 feet; thence north and parallel to the east line of Government Lot 3 a distance of 206.10 feet; thence east 15.50 feet; thence north 14.0 feet to the southwest corner of Lot 4, Block 1 Ray's Lynnhurst 2nd Addition; thence east along the south line of said Lot 4 and its extension a distance of 159.50 feet to the east line of Government Lot 3; thence south to point of beginning. 2. Appendix C, Section 7 is amended by adding paragraph (3) thereto to read as follows: All of Tract A and that part of Tract B, all in Registered Land Survey No. 675, files of Registrar of Titles, Hennepin County, Minnesota, and that part of the northwest quarter of Section 27, Township 28, Range 24, Hennepin County, Minnesota and that part of -2- Government Lot 3, Section 28, Township 28, Range 24, Hennepin • County, Minnesota described as follows: Beginning at a point on the easterly line of said government Lot 3, distant 1176.30 feet south from northeast corner thereof; thence S 820 00' W a distance of 442.58 feet; thence S 120 16'44" E a distance of 75.00 feet to the actual point of beginning of the tract of land to be described; thence continuing S 120 16' 44" E a distance of 299.92 feet; thence S 660 00' 30" E to its intersection withthe southwesterly extension of the northwesterly line of said Registered Land Survey No. 675; thence S 710 22' 18" E to its inter- section with the westerly line of Tract C, of said Registered Land Survey No. 675; thence northerly along the westerly line of said Tract C to the northwesterly line of said Registered Land Survey No. 675; thence N 550 14' E along the northwesterly line of said . Registered Land Survey No. 675 to the most westerly corner of said Tract A; thence S 430 19' E along the southwesterly line of said Tract A to the division line between said Tracts A and B; thence N 620 27' 28" E along said division line to its intersection with the northeasterly line of the south westerly 55.00 feet of said Tract B; thence southeasterly along said northeasterly line of the southwesterly 55.00 feet to the southeasterly line of said Tract B; thence northeasterly along the southeasterly line of said tract B to the southwesterly right-of-way line of Lynd ale Avenue South, as established in said Registered Land Survey No. 675; thence northwesterly along the southwesterly right-of-way line of said Lyndale Avenue South to its intersection with the east line of said Government Lot 3; thence north along said east line to a point 1176.30 feet south of the northeast corner of said Government Lot 3; thence S 820 00' W to its intersection with a line 176.5 feet west and parallel with the -3- easterly line of said Government Lot 3; thence northerly along said • line to a point that is a distance of 1044.94 south from the north line of said Government Lot 3; thence at right angles westerly to the point of intersection with the southerly extension of the westerly line of Aldrich Avenue South as platted in the recorded plat of Ray's Lynnhurst 2nd Addition; thence southerly along the westerly line of said Aldrich Avenue South to a point 225.00 feet south of the south- easterly corner of Lot 4, Block 2, said Ray's Lynnhurst 2nd Addition as measured along the southerly extension of the westerly line of said Aldrich Avenue South; thence westerly and parallel with the southerly line of said Lot 4, Block 2 to its intersection with the southerly extension of the easterly line of the north-south alley as platted in Block 2 of said Ray's Lynnhurst 2nd Addition; thence northerly along the southerly extension of said alley 11.00 feet, more or less, is to the southerly line of the east-west alley as platted in Block 2, said Ray's Lynnhurst 2nd Addition; thence westerly along the southerly line of said east-west alley to the easterly line of Bryant Avenue South as platted in said Ray's Lynnhurst 2nd Addition; thence southerly along the southerly extension of the easterly line of said Bryant Avenue a distance of 170.00 feet; thence southeasterly to the actual point of beginning. The east line of said Government Lot 3 is assumed to be a line bearing due north for the purpose of this description. Passed by the City Council of the City of Richfield this day of 1980. Don Priebe, Mayor ATTEST: Sylvia K. Bergh, Acting City Clerk . ? ? ? ? S a?lf Jf ? C II 3 s' ! 13 a t, y u: u y-O rfy FI df? i G ,'? :; i?• tr r, I I i'. ?? ?? ? 7? ti i? ti ,ll `?F 1 j I ? r ?? ?I '`J I ?? ( n I/ I 1 i y it 4 -1- cc: \ t t 1 y cr. e ? f n j CO y • • • J 17 7 T7 C:_ S N =e I f 1 t ! I I I i ... ? I ,? I 1T tJ 641 ( I I III iiff t kthr lir? tlFt __ ? I tl?:?ii rH I l? ail I Li. [ rye V 3 y 1 J w A 1a o. v N ' U N U r 1T-"a-L5 111 VV (? I x i 3; i I e:?, I j _ 1 rO ?y I 51 tit .= I i IGI I t Lli ' .?? _ I ce) . O-0 < 1 a CI 1?:;? i ? .•? nl ?i ... i ?i I ii ' _? .. . it ? I I ? ? + 3 I 5? I p-' F-I v ? I i \\? \ 17, II r- I S r -' ^''?? 1 3 r ?- a ;rrt ? ? I I i { t ? 1 r ? II ? F 0; I L ? --1 1 ? i ?I 0 dp I JJ? Z? )LFAX AVE. 70 4 C r D ?o n .. Cf) N - t^ t a, rr m ? 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JO a[6ULS glLm aIq lpdmo,) LP iluapLSab sasn CAossaDDe PUP Spun M0l /lI Wej aI6U.LS Al!UJ04 ON4 JO FLIWPJ a11)ULS sa.Jols a.AeMp.Jey `6n,Jp `?jaoo.Aq Mol ea.JV 6ULddoyS 0 aoUaLUanuoq •sasn kAossaooe y6LH aldLlInW " El,. < palp[aJ yILM shun @LdLlln4J •sasn IeLUlsnpUL palua.L.JO gDJL)asa.J pup ly6L] wnLpaW IeL.Jlsnpul IDIOJawwOJ aOUa O oq E pooyJOgy618u pup `sa snoyuMOl wnLpaW asp pups paxLW `s6ulilaMp aiditinw `s6UtLIDMp /CILWrj 0I6ULS JO UOLIPULgwoo S6UIlIaMp aldijIn w pue `sa.LitL!Dpi ?PUOLlea.aoa.J `leUnlLno POJLWL[ Ie LjnjLJSU `sassautsnq asq pueg paxLW P aOLnuas PUP Lddddoys uosL.JedwoO wnLpaW/y6LH ID LulsLp LLPWS `sluaWgSLLgplsa 6ULlea ssaULSng LP.JluaD pue luawuLelUalua `IpLo.Jawwoo IIPIaU `aOL4j0 10 UO.LleuLgwoD S5ULIIaMp a[dLllnw pup 11019J8WWO0 JID191 ` LeL.JlsnpuL paluaL,JO yoUeasau wnLpaW/y6LH asp pueg paxLW pue JO LL `IeuoL1nlL1sUL `aoLJJO 40 uotleutgwo3 IDi°JBwL1JOO I!DtOJ pue `IeuoL,n1L1SU.L _ lalow `laloy `Lp:JlsrpuL y6LH asq pueg paxLW yo,JeasaU `aoLJJO `S6ULIlaMp aldLllnw jo UOLjPULgwr),? sasn Iodlsupd A4!suop uol4diJ3,sop -3sn aNV) Plagy p ;o A4i3 aye jOj uald 4umudoleAe' OMSUO aJd 0a • • 0 v[acX[x.^M.vx 4I1?MC Oev[v[ .Ka VLx ..[ s . a a . . 1 f { 1e'fYN b a y f - .l' ;Ilk r , - - -. X 9 On _-- - 1 vrS? y a .. r uw ?' sm o w IVw 10-131AHoia LAINft:IE)®t:frf IV 1:3t:IaLNVUC33 Lziio3i / anH / MINfONAI I i Z ? y5 ?' ? ? li Ij ,,:Z •'i 0.4 4 cv) • R Q F1 Y Q J IE?A ?i _? Y 0 • a. i iE N 4-If /3 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 31 Agenda January 14,1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Approval of Agreement with Hennepin County for Community Health Services There is an item on the January 14,1980 city council agenda providing for council approval of an agreement with Hennepin County related to Community Health Services. Richfield receives funding through the Minnesota Community Health Services Act as part of a direct share community within the Hennepin County community health services allocation. Rich- field should receive $82,915 in 1980 through CHS funding, and • $85,716 in 1981. The allocation of these monies for various environmental and personal health services has previously been approved by the city council in the 1980/81 Richfield Community Health Services Plan, that was approved by the city council in August, 1979. The attached agreement provides for the city to receive the describe CHS funding allocation from Hennepin County, in accordance with the prescribed reporting and accounting pro- cedures. This agreement is virtually identical with agreements of previous years between the county and the City of Richfield for CHS services. It is recommended that the city council adopt the attached resolution, approving the agreement and authorizing the City Manager and Mayor to execute this agreement. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Public Safety Director RESOLUTION NO. • RESOLUTION APPROVING AGREEMENT WITH HENNEPIN COUNTY FOR COMMUNITY HEALTH SERVICES WHEREAS, the State of Minnesota has passed a Community Health Service Act which makes available funding to counties and municipalities for the provision of Community Health Ser- vices, and WHEREAS, the Richfield City Council, Hennepin County and the State of Minnesota have previously approved a Richfield Community Health Services for 1980/81 and WHEREAS, monies are available to the City of Richfield fromthe State of Minnesota, passed through Hennepin County, to be used in support of the Community Health Services described in this plan, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield does approve the execution of an agreement with Hennepin County to provide for the conveyance of the alloca- ted CHS subsidy to the City of Richfield in accordance with the Community Health Services Act, as described in said agreement, and BE IT FURTHER STATED that the Mayor and City Manager are • authorized to execute such an agreement. Passed by the City Council of the City of Richfield this 14th day of January, 1980. Donald J. Priebe Mayor ATTEST: Sylvia K. Bergh, Acting City Clerk • AGREEMENT No. 01046 THIS AGREEMENT, Made between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as County, and the CITY OF RICHFIELD, a municipality organized and existing under the laws of the State of Minnesota, hereinafter referred to as Municipality; WITNESSETH: WHEREAS, the Municipality wishes to provide Community Health Care Services; and WHEREAS, County funds are available to support such services and whereas Community Health Services subsidy funds are available from the Minnesota Department of Health; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth herein, the County and the Municipality agree as follows: 1. TERM OF AGREEMENT The term of this Agreement shall be from January I, 1980, through December 31, 1981. This Agreement shall include the period July I, 1981, through December 31, 1981, only if the Community Health • Services Act is continued, fully funded by the State of Minnesota for the 1982-83 biennium and the County receives the full amount of subsidy funds requested in the approved 1980-81 Hennepin County Community Health Services Subsidy Plan. If such funds are not available to allow for funding during the period July I, 1981, through December 31, 1981, this Agreement shall be cancelled upon written notice from the County; such cancellation to be effective as of July I, 1981. 2. CONDITIONS OF COUNTY SUPPORT a. The County agrees to make payments to the Municipality in reimbursement for the provision of Community Health Services as described in the 1980-81 Community Health Services Subsidy Plan, hereinafter referred to as Plan, written pursuant to Minnesota Laws 1976, Chapter 9, a copy of which is on file at the Hennepin County Community Health Department, 4th Floor, 501 Park Avenue South, Minneapolis, Minnesota. The Plan is incorporated into and made a part of this Agreement as if fully set forth herein. b. The total 1980 cash payments to the Municipality for Community Health Services shall not exceed $82,915, and total 1981 payments shall not exceed $85,716. r? C. These payments to the Municipality will be made in eight (8) installments to be paid on or about March 30, 1980; June 30, 1980; • September 30, 1980; December 31, 1980; March 30, 1981; June 30, 1981; September 30, 1981; and December 31, 1981. Payments shall be made in the manner provided by law for payment of claims against the County. 3. CONDITIONS OF THE PARTIES' OBLIGATIONS a. It is understood and agreed that the Agreement between the parties is conditional upon the County receiving sufficient funding from the State of Minnesota. If such funding is not available, this Agreement shall be cancelled immediately upon written notice to the Municipality, other provisions for cancellation of this Agreement notwithstanding. This Agreement may be renegotiated to reflect any reduced funding. b. This Agreement or any part thereof may be cancelled by either party upon thirty (30) days written notice delivered by mail or in person if by State law, regulation or policy the relationship between the County and the Municipality as it concerns the expenditure of State funds for the purpose of providing the services as described in the Plan is modified as to render the obligations under this contract materially changed. C. The Municipality agrees to make expenditures of Community • Health Services funds provided through County payments within Minnesota Department of Health rules and policies relating to Community Health Services, including Minnesota Department of Health Rules 451 to 460, Policies Relating to Community Health Services, Assurances and Agreements contained in the Plan and policies contained in the Minnesota Department of Health Fiscal Management Report for Community Health Services Boards, June, 1978. d. Both parties to this Agreement shall make a good faith effort to determine if payments to subcontractors anticipated in the budget contained in the Plan duplicate payments by the County directly to those subcontractors pursuant to any other agreements between the County and such subcontractors, and shall endeavor to use all information available to prevent any such duplicate payment to a subcontractor. e. Any alterations, variations, modifications or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing, duly signed and attached to the original of this Agreement. f. Upon cancellation or termination of this Agreement, the Municipality will reimburse to the County any and all unobligated funds as required by the Minnesota Department of Health. This reimbursement shall be made within sixty (60) days of the effective date of such termination. -2- 4. AUDITS, REPORTS, MONITORING PROCEDURES, AND RECORDS • a. The Municipality will: (1) Maintain a bookkeeping system which meets standards contained in the Minnesota Department of Health Fiscal Management Report for Community Health Services, June, (2) Provide an estimated quarterly budget/expenditure report within forty (40) days to the County on Exhibit A attached hereto, such Exhibit being incorported into and made a part of this Agreement; provided, however, that the last quarterly report shall include actual expenditures for the year. (3) Provide an evaluation report meeting the requirements of the Minnesota Department of Health Rules 455.13.2 to the County within eighty-five (85) days of the expiration of this Agreement as described in the Plan. (4) Provide other reports as required by the Minnesota Depart- ment of Health. b. Municipality agrees that the County or any of its duly authorized representatives, at any time during normal business hours and as often as the County may reasonably deem necessary, shall have • access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etcetera, which are pertinent and involve transactions relating to this Agreement. Such material must be retained for five (5) years by the Municipality. 5. EQUAL EMPLOYMENT OPPORTUNITY AND CIVIL RIGHTS During the performance of this Agreement, the Municipality agrees to the following: No person shall, on the grounds of race, color, creed, religion, age, sex, handicap, marital status, affectional preference, public assistance, criminal record, or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisiors of any and all applicable Federal and State laws against discrimination including the Civil Rights Act of 1964. The Municipality will furnish all information and reports required by the County or by Executive Order No. 11246 and Revised Order No. 4, and by the rules and regulations and orders of the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. -3- 6. INDEMNITY The Municipality hereby agrees that it will at all times indemnify and • hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any act or omission of the Municipality, its agents, officers or employees in the performance of services under this Agreement. 7. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Municipality as the agent, representative or employee of the County for any purpose or in any manner whatsoever. Municipality is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Municipality represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of Municipality or other persons, while engaged in the performance of any work or services required by Municipality under this Agreement, shall have no contractual relationship with the County and shall not be considered employees of the County, and any and all claims that may or might arise under the Unemployment Compensation Act or the Worker's Compensation Act of the State of Minnesota on behalf of said personnel arising out of employment or alleged employment including, without • limitation, claims of discrimination against the Municipality, its officers, agents, contractors or employees shall in no way be the responsibility of the County; and Municipality shall defend, indemnify and hold the County, its officers, agents and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the County, including without limitation, tenure rights, medical and hospital care, sick and vacation leave, worker's compensation, unemployment compensation, disability, severance pay and P.E.R.A. 8. SUBCONTRACTING AND ASSIGNMENTS The Municipality shall be responsible for the performance of all subcontractors. Municipality, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on , 19 , and pursuant to such approval and the proper County officials having signed • is this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Upon proper execution, this Agreement COUNTY OF HENNEPIN, will be legally valid and binding. STATE OF MINNESOTA vv, By_ Assistant County Attorney Chair of its Board Date Approved as to execution And Deputy County Administrator Assistant County Attorney Date ATTEST Deputy County Auditor CITY OF RICHFIELD By- Its And Its City organized under: Plan A Plan B Charter -5- ::zt 14 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No.30 Agenda January 14,1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Purchase of Services Agreement with Storefront/Youth Action, Inc. There is an item on the January 14, 1980 city council agenda providing for council approval of a purchase of service agreement with the Storefront/Youth Action, Inc. The city's adopted 1980 budget appropriates $24,000 for the Storefront/Youth Action, Inc. This city contribution to the agency includes support for rent, phone, utilities and printing services as well as the consulting services detailed in the agreement. The proposed 1980 purchase of service agreement be- tween the city and the"Storefront/Youth Action, Inc. is similar to agreements between the two organizations in previous years. The major change in this agreement is the provision that the city shall contribute an additional $3,000 for the agency during 1980 to be passed through to the Project Charlie volunteer program. This provision is reflective of the council's action on December 27, 1979 appropriating these monies to Project Charlie. Although the Storefront has no direct control over direct expenditure of these funds, use of the agency to pass through these monies to Project Charlie will help the city in accounting for the Project Charlie donation. Steve Lipenski, Executive Director of the Storefront, Youth Action, Inc., will be present at the January 14, 1980 city council meeting to make a brief presentation to the council regarding the agency's proposed 1980 programs. Mr. Lipenski has also requested that the city waive the administrative monies due it for the last quarter of 1979 under terms of a grant agreement sponsored by the city, but administered by the Storefront. His letter making this request is also attached. is ' Council Letter No. 30 -2- January 14, 1980 It is recommended that the city council approve the 1980 purchase of service agreement with the Storefront/Youth Action Inc., and authorize the Mayor and City Manager to execute said agreement. It is also recommended that the council respond to the agency's request to waive the city's administrative share of the adolscent victim counsel grant. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Acting City Clerk Public Safety Director ?l 0 ,r x AGREEMENT FOR COUNSELING SERVICES 0 THIS AGREEMENT made and entered into as of the day of January , 19 80, for the period from January 1 , 1980 through December 31, 1980, by and between CITY OF RICHFIELD, a Minnesota municipal corporation, ("city"), and THE STOREFRONT/YOUTH ACTION, INC., a Minnesota nonprofit corporation, ("contractor"). WITNESSETH: WHEREAS, the city, in fulfulling its governmental role, has an interest in avoiding antisocial conduct, avoiding or ameliorating social problems, avoiding infractions of the law, diverting youth from the criminal justice system, assisting young people in finding solutions to their individual problems, assisting the police department, school officials and others • within the community in the handling of the problems of youthful residents of the city, and WHEREAS, such interests of the city-can be served by having available to the youthful residents of the city a diversion program which provides youth counseling and referral services, and WHEREAS, contractor is in existence for the purpose of providing such youth counseling and referral services and is willing to provide such i services for the city. NOW, THEREFORE, be it agreed by and between the parties hereto as follows: 1. City herewith engages contractor to perform services, and contractor agrees to provide services to the city, consisting of the following: -2- -1 A. Counseling and referral services to juvenile residents of the city who are referred to contractor by members of the city police department, representatives of the school district, the Hennepin County Municipal Court, the Hennepin County District Court, social welfare agencies of Hennepin County, and parents, custodians, guardians or other persons having responsibility for such youthful residents of the city. A goal of contractor for the time in which this agreement is in effect shall be to work with 150 cases from city of which 80% will be youth diverted from the criminal justice system as defined in goal "A" of t!-e HAYDP FY 76 gr= nt appl ;'ation to =he Governor's Commission on Crrne Prevention and Control. • B. In cases whery persons referred to contractor have problems which cannot be fully or adequately dealt with through services by contractor, appropriate referrals will be made by contractor to other persons or organizations. C. Primary emphasis in cc,-!nseling t^rill be on an individual diagnosis of the person referred to determine his or tier basic needs, but such diagnosis shall not include psychological or vocational testing. 11 D. In appropriate cases such counseling shall include, as an adjunct to the counseling of a juvenile, diagnostic counseling of other family members or other persons in the household where he or she is resides. E. A follow-up on referrals will be made by contractor, on all " referrals from police, court services, and juvenile court, in order 0 to determine the extent to which an individual client's problem or problems have been resolved through the efforts of the contractor or through the efforts of others to whom the contractor has referred the client. F. Contractor will consult with law enforcement officers of the city, officials of the school district and other appropriate persons to keep them advised of the nature of the services being provided under this agreement and to work out procedures which will facilitate the providing of contractor's services . G. Contractor shall use its best efforts to coordinate the programs - . of various youth service organizations and agencies within and outside of the city which provide services to youthful residents of the city, with the object of improving upon the coordination and performance of such organizations and agencies in meeting the total needs of the client youth involved. H. Contractor shall hold itself available for consultation with juvenile authorities of the city so that such authorities are kept advised i of the status of those situations which fall within their areas of responsi- bility. 1. Contractor will undertake to identify any new or different kinds • of services which should be made available to youthful residents of the city in order to meet their unmet needs in personal development and -4- social adjustment. J. Contractor will provide the equivalent of at least one full time youth worker to serve residents of the city referred for services. The entire staff of contractor will be available to work with said residents as needed. Said youth workers will have access to services of secretary provided by contractor. K. City will receive all services provided by The Storefront/ Youth Action, Inc. central staff, including the monitoring of agency budget, the maintenance of fiscal records, and program monitoring and evaluation. City will also receive support of the board of directors of The Storefront/Youth Action, Inc. • L. Youth workers providing services to residents of city will receive supervision and in-service staff training from contractor and professional support and growth through contact with other staff members of contractor. M. Residents of city will be eligible to participate in all programs offered by contractor. These currently include a chemical dependency orientation program for families, groups focusing on drug use for adolescents, a concerned persons group for parents concerned about drug use of a child, and self-awareness groups for young women. 2. To assure proper coordination between the city and contractor, 0 under this agreement, the contractor agrees to take the following measures; A. It will, at all times while this contract is in effect, keep a person to be designated by the city, on its board of directors. B. It will permit a member of the city's governing body, to be designated by the city, to attend, as an observer, all meetings of the board of directors of contractor, and to participate in the discussions and deliberations of such board, without the right to vote. C. It will send copies of minutes of all meetings of its board of directors to those persons designated by the city, promptly after each board of directors meeting. D. It will send to all members of the city council a quarterly statistical report summarizing the nature of the activities of contractor in providing the services described in this agreement. E. It will provide services to all persons without regard to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance or disability. F. It will defend, indemnify and hold harmless the City of Richfield, its employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses on account of bodily injury, sickness, disease, death or property damage as a result, directly or indirectly, of any actions or omissions on the part of the contractor's personnel in connection with the provision of services in accordance 0 with the terms of this contract. r -6- G. It will perform the counseling and referral services in a competent, professional manner and in compliance with all applicable laws, ordinances, rules, regulations and policies which are now in effect or which may hereafter be adopted. 3. For the performance of the services described in Section No. 1 above, the city agrees to pay and the contractor agrees to accept payments on the following basis: A. The amount of direct city funds which the cit;- shall be obligated to pay for such services shall be the sum of $2 4, 000, which will be paid in 12 equal payments upon receipt of a monthly statement from contractor. • 4. The city also agrees to pay to the contractor the additional amount of $2,965, which shall be allocated to the Project Charlie III volunteer program. The contractor, in turn, shall pay this amount of $2,965 to Project Charlie to be used toward support of the attached Project Charlie III proposed budget, known hereinafter as Addendum A. 5. This agreement will be terminated on the expiration date specified above. Thereafter the agreement may be renewed annually. The agreement may be terminated upon the giving of thirty (30) days written notice by the City of Richfield to The Storefront/ Youth Action, Inc. for reasons of non performance or documented unsatisfactory performance. The agreement may be terminated by 0 either party upon the giving of sixy (60) days written notice. -7- IN WITNESS WHEREOF, The parties hereto have made and executed this agreement as of the day and year first above written. In the presence of: CITY OF RICHFIELD THE STOREFRONT/YOUTH ACTION, INC i is 7145 Harriet Ate. So., Richfield, AIN 55423 (612) 861-1675 STOREFRONVYOUTH ACTION 5005 Valle}, Vieu, Rd., Edina, ,NN 55435 (612) 926-1851 • Y - c December 26, 1979 Mr. Karl Nollenberger City Manager Richfield City Hall 6700 Portland Avenue Richfield, Minnesota 55423 Dear Karl: D C ? ? L ? j 1 DEC 27 1979 .? nr ?1?f C;?y „, would like to request that Storefront/Youth Action not pay $833 to the City of Richfield for the fourth quarter indirect costs in the L.E.A.A. grant sponsored by Richfield. The total amount of indirect costs for the grant are $3,333. Through the first three quarters $2,500 has been paid to Richfield. As we discussed when we talked about the 1980 grant application, the actual costs incurred by Richfield are minimal. If you were to approve this request the funds would be used to purchase some carpet, some chairs, and some additional supplies. These items were not able to be included in the grant for 1980 because of the reduction in L.E.A.A. funds by Congress. Thank you for your consideration of this request. Sincerely, Steve Lepinski, Executive Director Storefront/Youth Action SRL:hchb cc : Joyce Wilde 0 Project CHarlie III PROPOSED BUDGET REQUEST Film rental Screen Camera (New or used) Film Projector Postage Printing, paper & envelopes Office Furniture (hopefully donated) Phones Pamphlets (av. 50¢/ea. X 200/mo. Office Space (2,75/sq. ft, x 600) (hopefully donated) Total requested of the City Total hopefully donated TOTAL BUDGET $ 100.00 40.00 150.00 125.00 500.00 450.00 (900.00) 400.00 1,200.00 $2,965.00 $2,550.00 55,515.00 I0 N n n = Q Q Q 0 0 O0 N 00? < 0 ° c -, 0 c 77- O (D Q p N C (D O ° o Q_ N o o :3 s (Q r) (D 0 _ O S C n -? n s c 2 ? fl fl m Q D N 0 Q_ S (D O CQ n (D Q_ O n N O :3 0 :3 s co X N Q D O S N ? O N W = (D (D p rt Q (D Q Q Q S S (D iT (D r O O N Co _. Q Q CQ O Q \ `D Cn (D 0 Q Q `G O S - (D Z 3 -t 7 (D n v (D Q O r 0. Q = V) C) 0 0 .(a Q 0 n s s 0 _ . i Q Q 9 D • m m' (.0 0 . (D S 3 Q (D 7 Q Q Q (D ( -O -s D T ( D Q O ( (D' 0 0 Q- (D -nr Q c Q (D N S ( D -? , -" n - S (D' _ (D 0- n D o Q_ CD c o (D O- T Q (D N n 3 7 Q co 0 *, n 0 i O ? n O -- (D n N C O 0 n S Q- Q 0 O = _ :3 ' 7 0 Q (D O ? -n L Q 0 c T S C (D (D 7 -r 0 D N 0 ( rn X (D O N (D -" () 0 C: 0 O D < ?• (D o 0 -G p c (D r lD (D n D o - o ?l I = r F D m v n 0 ((D I - c ? c0 ° :3 0a 3 O s ? ? D rt c D Q p s ? Q ? O O ? ?• -s S Q_ p o' t C° n / D O /? s W / O n ,/ 0 0 I / 0 -? / rn n Q_ s m r) \ 0. 0 n 3 Q o ? Q T n c T \ O O ? -r Q C O' CD ? O 0 Q 0 N Q O N I ? ` O rn n C_0 n c ? c 0 0 ? n' \ rn n n O O Q t o Q c O O n 3 3 -n c `^ ° c c cn _ S O O 0 (D -n O 7 O C S D n -t 0 C T c O Q_ N 0 c 0 O 90 O (Q Q N' Q O Q Q C) S Q co v 1980 BUDGET lb REVENUE-STOREFRONT/YOUTH ACTION STOREFRONT/YOUTH ACTION TOTAL Hennepin County $ 49,000 City of Richfield 19,600- City of Bloomington 25,000 City of Edina 19,000 Richfield Community Ed. 2,500 Edina Comrrunity Ed. 10,000 Bloomington Community Ed. 5,000 Youth Intervention Program 10,000 State Drug and Alcohol 14,500 Edina Public Schools 14,000 Richfield Public Schools 1,500 Corp./Foundations 24,000 Donations 3,000 Sub Total $196,100 • PROJECT CHARLIE -.Edina L Edina Public Schools $ 36,500 Edina Community Ed. 10,000 Workshop Fee s 5,000 Corporat ions/Foundat ions 27,600 Sub Total $ 79,100 PROJECT CHARLIE - Richfield Richfield Public Schools $ 43,915 Sub Total $ 43,915 AVCP LEAA $ 39,586 State of Minnesota 0 City of Richfield 4,400- Sub Total $ 43,986 0 TOTAL $363,101 0 19510 BUDGET STOREFRONT/YOUTH ACTION EXPENSES S/YA PC-EDINA PC-RICH AVCP TOTAL Salaries $157,050 $69,300 $40,000 $32,720 $299,070 Mileage 7,560 1,500 720 720 10,500 Un. Comp. 1,760 800 480 480 3,520 Wk. Comp. 895 415 240 186 1,736 Heolth Ins. 5,544 2,520 1,500 1,008 10,572 Life Ins. 253 115 75 54 499 Casualty Ins.q 1,320 0 0 110 1,430 Rent 6,490 0 0 21610 9,100 Telephone 3,360 1,200 600 780 5,940 Ofc. Supplies 3,300 720 200 240 4,460 Printing 11260 350 0 80 1,690 Training 2,800 1,000 0 300 4,100 Postage 985 125 0 60 1,165 Publications • 350 300 0 50 700 Consultant Fees 1,320 240 0 2,476 4,036 Legal/Acct. Fees 0 0 0 1,900 1,900 Educa. Mat. 120 120 1 00 210 550 Mtg. Exp. 120 60 0 0 180 Field Trips 200 0 0 0 200 Maint. Ofc. Equip. 600 100 0 0 700 Adv./Hiring 275 100 0 0 375 Temp. Help 150 0 0 0 150 Misc. 265 120 0 0 385 Payroll Serv. Chg. 0 0 0 0 0 TOTAL $195,977 $79,080 $43,915 $43,984 $362,956 0 may CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor y6 and Members of the City Council City of Richfield ?C Council Members: Council Letter No. 29 Agenda January 14,1980 Subject: Discussion of July 4 Community Celebration CJ 0 On January 2, 1980, the city council requested that the staff begin planning for a July 4, 1980, community celebration. The staff has begun researching information related to fireworks and parade routes. Information obtained so far on fireworks indicates that a 20-25 minute display would cost $1,000 - 1,200; a 25-30 minute very good display would cost $1,500 - $2,000. The operator of Minneapolis' Powderhorn Park's display indicates a cost of about $3,000. This does not'include any expense for crowd or traffic control or any other items, but includes only the purchase price of the materials, an operator, and insurance. While there is a wide range of expenditures for fireworks displays, information regarding other area displays indicates a cost at Blaine, MN and Hudson, Wisconsin of about $2,500; at Winona $2,800; and for the Met Stadium display for the Twins and Kicks, a cost of approximately $5,000. The staff was also requested to suggest various organiza- tions that might be represented on a citizen committee assigned to plan the celebration. The city has promoted two July 4th celebrations in 1974 and 1976. Neither event was very successful from the viewpoints of the groups involved or the city staff included. Perhaps the city should consider a date other than July 4 for a community celebration, or at least learn from past problems with this event. With the 4th of July on a Friday again this year, use of the three day week- end to camp or trav-1 will be prevalent. Many other communities and organizations already have events planned for that time of year, and many of the bands and marching units may have made commitments. for July 4, 1980. In very close proximity to Richfield, ;i.e.. Met Stadium, Powderhorn Park, Lake Harriet) there are already fireworks displays on July 4. It is the recommendation of the staff that the city council give consideration to the alternatives of a July 4 celebration or a city-wide festival on another date. Either one could be scheduled to include a number of events, in addition I r? Council Letter No. 29 -2- January 1 4 , 1930 to the fireworks and parade already mentioned, as well as possibly the grand opening of the golf course. This matter could be dis- cussed with the committee members appointed by the city council. Staff recommendations for appointment to the committee might include representation from the following organizations: Chamber of Commerce Park and Recreation Advisory Comm. Senior/Handicapped Citizens Comm. Human Rights Commission VFW and American Legion Little League, square dance, and other special interest groups Richfield Churches United Richfield Historical Society Richfield School District Richfield Jaycees and other similar organizations Scouting organizations • Whatever the direction given to staff by the city council or the recommendation of the council appointed committee, it is impor- tant that organization for a community celebration begin immediate- ly. It will take time, coordination and cooperation to provide a festival for renewed spirit of community within the City of Rich- field. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Department Directors -41-17 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 28 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Purchase in Excess of $1,000 Chapter Six, Section 6.05 of the city charter stipulates that the city council must approve the purchase of merchandise, mater- ials, equipment or construction when the amount exceeds $1,000. There are two such items on the January 14, 1980 city council agenda. Central Garage/Motor Pool Vehicles • The City of Richfield participates in a joint purchasing or- ganization with numerous other jurisdictions within Hennepin County. This organization has advertised for bids for various various motor equipment, and has accepted the lowest bid by a re- sponsible bidder, and awarded contracts. Now each individual municipality included in the joint purchasing agreement must take action awarding a contract for those pieces of equipment they wish to purchase. It is recommended that the city council authorize the pur- chase of an intermediate station wagon for the low bid of $5,277.54, submitted by Bloomington Chrysler Plymouth, Bloomington, and a four door mid-size police sedan for the low bid of $7,347, submitted by Iten Chevrolet, Brooklyn Park. Funds for the purchase of these two vehicles are provided in the adopted 1980 central garage bud- get. These units will replace existing, fully depreciated units currently used in the public safety department. Disposal of the existing units will take place through the process of sealed bids or through the Hennepin County auction in the spring. In addition, it is recommended that the council authorize the purchase of a second four-door midsize police sedan from Iten Chevrolet in the amount of $7,347. This vehicle will replace a public safety vehicle which was totally damaged in an accident 40 Council Letter No. 28 -2- Agenda January 14, 1980 on December 28, 1979. It is estimated that at least one-half of the purchase cost will be covered by the city's automobile in- surance, with the remaining coming from the 1980 central garage budget. Data Processing Disc Packs In order to implement disc to disc backup for file mainten- ance, it is necessary to order three additional disc packs. Quotations have been received from Data Documents (3-M disc packs) at a unit price of $425, and Control Data Corp (CDC) at a unit price of $503. It is recommended that we purchase the disc packs from Con- trol Data Corporation for the following reason: Two 3-M disc packs were purchased in 1978 for the initial computer installation, although it was necessary to replace both of these packs because of vibration problems. Then in December, 1979, one of the replace- ment 3-M packs failed gain, resulting in temporary loss of one entire weeks' data. The pack was replaced. However, because the warranty on 3-M disc packs is only one year, the city has been charged for the cost to refurbish the failed pack. Control Data disc packs have a lifetime warranty against fail- ure for any reason except damage caused by mishandling by the oper- ator such as dropping it. One reason for this is the fact that • the disc drive is also manufactured by Control Data Corporation. Because of the severe information distortion and loss situation that can occur when a disc pack fails, and the city's recurrent problems with failure of the 3-M disc packs, I believe it is wise to purchase this item with the lifetime guarantee from CDC. There- fore, it is recommended that the city council approve a purchase in the amount of $1,509, for three disc packs from Control Data Corporation. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Public Safety Community Services Director Administrative Services Director 0 s CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 27 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richf ield Council Members: Subject: Confirmation of Appointment of Community Development Director If we have received acceptance of the position offering made to a Community Development Director candidate, there will be an item on the January 14, 1980 city council agenda reguesting council confirmation of this candidate. Council Members have previously been provided a resume of the candidate to whom the position has been offered. • Respectfully submitted, '`..tip N• ..'?:?_,?,: ,- Karl Nollenberger City Manager KN/eja 40 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. 26 Agenda January 14, 1980 Subject: Renewal of Interceptor Sewer Maintenance Agreement with the Metropolitan Waste Control Commission This agenda item provides for renewal of an agreement with the Metropolitan Waste Control Commission to reimburse the City of Richfield for maintenance costs on interceptor sewers owned by the commission. The interceptor sewers throughout the City of Richfield are the property of the Metropolitan Waste Control Commission. How- ever, the most efficient and economical means of insuring proper • maintenance of the sewers is for the city to provide the mainten- ance and be reimbursed by the Waste Control Commission. All communities within the seven county area served by the Waste Con- trol Commission use this same arrangement. The attached Statement-of Agreement Renewal provides for a one-year extension of our existing agreement under the same terms and conditions as the existing agreement. The basic agreement provides that all city costs will be reimbursed and that if the estimated reimbursement is not adequate, an additional adjustment is made on an annual basis. The actual cost in 1978, reimbursed under the terms of this agreement, was $1285. Costs for 1979 through October are similar. This agreement has been reviewed by the city staff and it is recommended that the Mayor and City Manager be authorized to ex- ecute the agreement on behalf of the city. Respectfully submitted, Karl Nollenberger City Manager • KN/eja cc: Community Services Director Finance Coordinator STATEMENT OF AGREEMENT RENEWAL • U INTERCEPTOR MAINTENANCE AGREEMENT NO. 131 The Metropolitan Waste Control Commission and the City of Richfield agree to renew the Interceptor Maintenance Agreement No. 131 which is currently inforce between these parties. The terms of the Agreement for the renewal period shall be the same as those contained in the Agreement which was executed for the January 1, 1979 December 31, 1979 period with the exception of Section 6.02: "Section 6.02 Cost Estimates; Payments." The parties estimate that the total amount of costs which the Commission will be required to pay to the Municipality for performance of this Agreement in 1980 will be $2,100.00. Such amount shall be paid in twelve monthly installments as an advance payment of such costs. On or before March 1, 19817 the Municipality will submit to the Commission a detailed statement of the actual costs incurred by the Municipality which the board is required to pay in accordance with Section 6.01, and will remit to the Commission any amount paid to the Municipality which is in excess of such actual costs. If the total of the monthly advances paid by the board is less than the actual amount of such costs, the Commission shall pay to the Municipality on or before April 1, 1981 an amount equal to the difference between the actual costs and the monthly advances previously paid. The Municipality shall keep detailed records supporting all costs of the types specified in Section 6.01 which it expects the Commission to pay, and shall make the same available to the Commission on request. The renewal period for Interceptor Maintenance Agreement No. 131 shall be January 1, 1980 - December 31, 1980. That both parties agree to the renewal period and terms is evidenced by the signatures affixed to this statement. FOR THE CITY OF RICHFIELD THE METROPOLITAN WASTE CONTROL COMMISSION (Title) Salisbury Ada /7, Chairman Title) Ri hard J. ougherty 'hi i Administrator Dated Dated CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 25 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Designation of Official Newspaper Attached hereto is a copy of a letter from Sun Newspapers, Inc. requesting that the Richfield Sun be designated as the city's official newspaper for 1980. The legal rates are set forth as described in the attached letter; the basic rate of 22.6 per line for the first insertion, is an increase over the 1979 of 20.5 per line. The rate for legal publications is established by state law. It is recommended that the city council renew its designation of the Richfield Sun as the city's official newspaper. 0 KN/eja cc: Acting City Clerk City Attorney • Respectfully submitted, Karl Nollenberger City Manager 4 December 18, 1979 City Council City of Richfield 6700 Portland Avenue South Richfield, MT\T 55423 Gentlemen: SUN NEWSPAPERS MINNESOTA SUBURBAN NEWSPAPERS. INC 740' Bush Lake Road Edna , MN 55435 • 8300600 , " T'7' 0 Er ?Fl DEC ?' 1 79 E ;ty iEliii Cl 1 v3 i r Your designation of the Richfield Sun to be your official newspaper for the year 1980 will be most appreciated. The rate for legal publications as set by Minnesota law is 22.6 per line for the first insertion, 15.1 per line for each subse- quent insertion. Tabular matter, i.e., proper names, numbers, legal descriptions, etc., is 7.5? per line additional for the original insertion with no additional charge for repeats of the original insertion. ?J We will provide, at no additional charge, two notarized affidavits on each of your publications. Additional notarized affidavits on request, will be furnished at 25? each. All publications should reach this office by 10 a.m. Friday pre- ceding your Wednesday publication. In order to expedite our services to you, it is requested that you direct your publications to the attention of Meridel Hedblom, Legal Department, 7401 Bush Lake Road, Edina, MN. 55435. Thank you for your consideration of this, our official application for designation of the Richfield Sun as your official newspaper for the ensuing year. We are honored and pleased to serve you and we thank you on behalf of all of our readers. Very truly yours, ,SOTA SUB R N NEWSPAPERS, INC. Elmer L. Andersen Publisher ELA:mh • I? CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 24 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Agreement with City of Minneapolis for Participation in Urban Corp Intern Program 0 F- --gel L_Ak? For several years, the City of Richfield has cooperated with the Urban Corp to place area college students in internship posi- tions with the city. This arrangement has been quite beneficial to us, since it has enabled the city to hire additional part time employees at every little cost, to either undertake short term studies or projects, or to supplement our full time work force in performing some of the city's on-going services. Foy instance, Urban Corp interns havC done much of the work on the citizen's feedback program. The Urban Corp program is administered by the City of Minne- apolis. In order for Richfield to continue participating in this program, it is necessary to execute an agreement with the City of Minneapolis, a copy of which is attached. This agreement does not commit the City of Richfield to hire Urban Corp interns, but it does provide that we can hire interns through the Urban Corp program if we choose. The cost to the city ranges from $1.15 to $1.65 per hour, depending upon on time worked and educational level of the intern. The attached agreement covers the time period from January 1, 1980 through June 30, 1980. The Urban Corp will prepare a similar agreement to be implemented on July 1, 1980, which will be effective until June 30, 1981. The duration of the agreement is being amended to allow the Urban Corp to correspond with the fiscal year of the federal, state, and private programs from which these students receive funding through the Urban Corp office, which does not affect the city's participation in this program at all. It is recommended that the city council authorize execution of the attached agreement with the City of Minneapolis. Respectfully submitted, .j Karl Nollenberger City-Manager KN/ela A AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BET'h'EEN CITY OF MINNEAPOLIS AND day of ' 19 THIS AGREEMENCiT, entered into this and by and between the ty of Minneapolis herein(hereidn called "Agency"). WHEREAS, the above named Agency, a public organization or private non-profit iin9consaideorationsforsthe assignmenteofnUrbanTCorpsistudent lintternsotosthed Agency, we do hereby agree to the following terms and conditions: e nests for The Urban Corps shall have the right to approve or reject r q n forms provided for that purpose 1 . student interns submitted by this Agency upo by the Urban Corps. be assioned to it in accor- 2. The Agency shall utilize such students as may set forth in its written request the Urban Corps, ssignment, f i a ons dance with the specificat the Urban Corps of any change in nature o y notify medtel ll i l m and sha lo duties, supervisor ith a safe it w 3. The Agency shall provide such students as may be assigned to responsible supervision. t e place to work and with adequa the work being performed 4. The Urban Corps shall have the right to inspect the Agency, and shall have the right to inter- by such students tasa aytheiassigned tor such i ew v 5. The Urban Corps shall have the right to require such students as may be ar at af e eneral o special meetinas or th h g e or necessary assioned to the Agency to attend suc dividually or as a group, i n the Urban Corps office, proper functions of the program. ral and State law, work per- d F 6. In accordance with the requirements to of Agency shall: e e ts as may be assigned d en formed by such stu a. Be in the public interest; the displacement of employed workers or impair existing i n b. Will not result contracts for services; the construction, operation or maintenance oif so muih truon c. Does not involve facility as is used, or is to be used, for sectarian ns of any or as a place for religious worship; and nonpartisan politic associated b l - pu election d. Does not involve any partisan or a contending faction or group, with a candidate, or lic or party office. be assigned to it to submit 7. The Agency shall require such students as may rocedures as may be established by the Urban th er p time reports and follow such o Corps. Urban Corps shall have the right to remove any studdeanyassignedwi the time for reason thout Th e 8. Agency from said assignment and from the Agency at any hall not be obligated to replace said student. prior notice, and the Urban Corps s student assigned to said .,_ ._,. 9. The Agency shall have the right to remove any to the student and the Urban Corps. i ven Agency at any time with prior notice g the f Secti 10. The Agency warrants that it is in compliance with the protatutes o 252)> Minnesota Son 78 Stat 2 . , Civil Rights Act of 1964 (P.L. 88-35 d Minneapolis Code of Ordinance, Chapter 139 and 141. 181.59 an The Agency shall indemnify, protect and hold harmless the Urban Corps from m the assignments of students to f ro 11. all claims, causes or actions which may result the Agency. nsurance Compensati ' Workma assi 12. The Agency shall obtain at its own xoense s Law) for such s as may be gned to n t e (or shall be self-insured under Sta it under this Agreement. The Agency shall pay to the Urban Corps 30°_? of the gross compensation the Agency under a F or 13 b . y earned by such students assigned and accepted ill bill the Agency bi-weekly ddance with n acc t State program. The Urban Corps w s i for its proper share of the comp Student eriods ll k d g r , p payro wor Agreement. this of eand 13(b) have bees pl3(a) tti n A o ed , on Sec in forth Set rates hourl hourly are a. Hourly compensation for students will be set at S3.80 per hour for entering freshmen through receipt of a Bachelor's Degree, and $5.00 per hour for graduate students. b. A graduate student is defined for purposes of this Agreement as one who has received a B.A., B.S., or equivalent degree or is enrolled in the fifth year of a five year program. 14. At the election of the Agency, the Urban Corps shall place students to intern under a Stipend program. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commencement of the internship. The Stipend rate which the Agency shall pay the Urban Corps is $30.00 per week for each week the student works. 15. At the election of the Agency, the Urban Corps shall place interns for whom the Agency will pay the intern's total compensation plus an additional ten percent(10") for administrative costs. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commencement of the internship. Agency rates for said option are set forth in Section 15(a) and 15(b), of this Agreement. a. Agency rates for students will be set at $4.18 per hour for entering freshmen through receipt of a Bachelor's Degree, and $5.50 per hour for graduate students. b. A graduate student is defined for purposes of this Agreement as one who has received a B.A., B.S., or equivalent degree or is enrolled in the fifth year of a five year program. 16. Performance under this contract shall commence on January 1, 1980 and ter- minate on June 30, 1980, unless amended in writing as mutually agreed upon by both the Agency and the Institution; however, either party may terminate upon sixty (60) days written notice. Based upon the statements and affirmations made by the Agency through the above document, the Urban Corps hereby agrees to the assignment of students to said Agency, in accordance with said document and the applicable laws and regulations. CITY OF MINNEAPOLIS By Mayor ATTEST: City Clerk COUNTERSIGNED: City Comptroller-Treasurer Approved as to Legality: AGENCY Name ress City State Zip By Title By e Attest: Assistant City of Minneapolis Attorney . O CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 23 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Tabulations of Bids, Award of Contracts, Water Treatment Plant Chemicals On January 8, 1980, bids for chemicals used at the water treat- ment plant were opened by the Director of Administrative Services, in accordance with previous council authorization. The acting city clerk, director of community services, acting planning director, water superintendent and representatives of various bidding firms were also present at the bid opening. The bid minutes and tabula- tions are attached for city council review. • Quick Lime The only bid submitted for quick lime, a water softening chemical, was by Cutler-Magner in the amount of $63.08 per ton. The estimated total expenditure for the 140 tons of this chemical used per year will be $88,312. The 1979 cost for quick lime was $60.40 per ton, or 4.4% less than the 1980 cost. Liquid Aluminum Sulfate The only bid submitted for liquid aluminum sulfate, a water softening chemical, was by Hawkins Chemical in the amount of $101 per ton. The estimated total 1980 expenditure will be $10,100, based on 100 tons usage during this year. 1979 cost was $91.40 per ton, or 10.50 less than the 1980 cost. Liquid Anhydrous Ammonia Three bids were submitted for liquid anhydrous ammonia, a water softening chemical. The lowest bid by a responsible bidder was $.30 per pound, submitted by Jones Chemical, compared to $.23 per pound in 1979. The estimated total 1980 expenditure will be $900, for an increase of 30.4%. Sodium Silico Flouride Three bids were submitted for silico flouride. This chemical is is not easily or effectively stored at our water treatment facilities. Council Letter No. 23 -2- January 14, 1980 Therefore, orders are placed. for immediate usage. Due to the quantities to be ordered at one time, the low bidder is Hawkins Chemical, with a bid of $24.50 per hundred pounds. Based on 1979 usage experience, the estimated total 1980 expenditure will be $5,145. The city paid $20.15 per hundred pounds for this chemi- cal in 1979, which is 21.60 less than the 1980 bid. Sodium Polyphosphate Three bids were submitted for sodium polyphosphate, a con- ditioner of water and the sand filter used in the water processing. The lowest bid by a responsible bidder was $.7477 per pound, sub- mitted by Nalco Chemical. Estimated expenditure for total 1980 usage will be $8,972.40. This chemical was not bid in 1979. Funds for these purchases are included in the 1980 operating budget of the water treatment plant. In summary, 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 bid for amount of $101 per Hawkins Chemical. • 3. Accept the bid for per ton, ancT award 4. Accept the bid for amount of $.30 per Jones Chemical. liquid aluminum sulfate in the ton, and award the contract to quick lime in the amount of $63.00' the contract to Cutler Magner. liquid anhydrous ammonia in the pound, and award the contract to 5. Accept the bid for sodium silico flouride in the amount of $24.50 per hundred pounds, and award the contract to Hawkins Chemical. 6. Accept the bid for sodium polyphosphate in the amount of $.7477 per pound and award the contract to Nalco Chemical. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Community Services Director CITY OF RICHFIELD Bid Opening January 8, 1980 Chemicals - Water Treatment Plant Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Joyce Wilde, Director of Administrative Services, who announced that the purpose of the meeting was to receive, open and read aloud sealed bids for chemicals for the water treatment plant as advertised in the official newspaper on December 26, 1979 and January 2, 1980. Present: Joyce Wilde, Dir. of Admin. Services Don Fondrick, Dir. of Comm. Services Rick Jopke, Acting Planning Director Ken Conway, Water Superintendent Sylvia Bergh, Acting City Clerk Richard Lukanen, Cutler/Magner Co. George Belair, Hawkins Chemical The following bids were submitted and read aloud: Bidder and Liq. Alum. Liq. Anhydrous Sodium Sodium Bid Security Quick Lime Sulfate Ammonia Silico Fluor. Polyphosphate 40-99 baps Van Waters & NO BID -NO BID $52.50/Cyl. $5,334.00 $88.10/cwt. Rogers ($1,050.00) (100-199 bags) ($10,572.00) B.B. - 5% $5,103.00 Hawkins Chem. NO BID $101/Ton $.35/lb. $24.50/cwt. $.99/lb. B.B. - 5% ($10,100.00) ($1,050.00) $5,145.00 ($11,880.00)_ $.30/lb. 20 bgs-28.15/cwt. Jones Chem. NO BID NO BID ($900.00) 40 bgs-26.45/cwt. NO BID B.B. - 5% 100 bgs-24.15/cwt. Nalco Chemical NO BID NO BID NO BID NO BID $.7477/lb. B.B.-$448.62 ck. ($8,972.40) Allied Chem. NO BID NO BID NO BID NO BID NO BID Cutler-Magner $63.08/T. B.B.-$4,475 ck. ($88,312.00) NO BID NO BID NO BID NO BID The Director of Administrative Services announced that the bids would be tabulated and considered at the regular council meeting of January 14, 1980. 9 Sylvia K. Bergh Acting City Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager a Council Letter No. 22 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Status of Issues Related to the Appointment of Additional Firefighters The 1980 budget appropriation for the Department of Public Safety provides for the appointment of three additional firefighters raising the authorized compliment of the Fire Division to twenty- five people. At the time of the appropriation the city council in- cluded the stipulation that the appointments were not to be made until such time as action had been accomplished to place the new firefighters in the Police and Fire Fund of the Public Employees Retirement Association. The budget appropriation itself for these three additional firefighters was based on the premise that one would be appointed approximately February 1, 1980, the second would be appointed approximately April 1, 1980, and the third would be • appointed on approximately June 1, 1980. This schedule reduced the financial need in 1980 as well as allowing for the assimilation of the new manpower in an orderly manner. At the January 2, 1980 city council meeting, there was a dis- cussion related to these appointments. As a result of that discus- sion the council asked that the staff research two basic issues. The first of these issues related to the potential of making appoint- ments on some provisional basis prior to determining the final pen- sion plan into which these new employees would be placed. The second question raised by the council related to the cost differential to appoint all three firefighters simultaneously rather than on the staggered basis which was originally proposed in the 1980 budget. The staff has reviewed the issue related to the provisional appointment of new firefighters prior to their placement in a per- manent pension plan. The city attorney has examined the language of the current private pension plan provided through our Fire Re- lief Association. The special legislation establishing that plan has language which specifically requires the enrollment of all firefighters, exclusive of those over 35 years of age, in the local plan. On the other hand, the language in the statutory provisions of the Police and Fire Fund of the Public Employees Retirement As- sociation prohibits the enrollment of our new firefighters in that plan until the effective date of our recent ordinance relating to police and fire pensions on April 1, 1980. Therefore, any fire- fighters appointed prior to April 1, 1980 would be required to become members of the existing Fire Relief Association plan. Council Letter No. 22 -2- January 14, 1980 Perhaps the most critical issue with regard to the enrollment • of new firefighters into a permanent pension plan at their date of employment relates to the fact that the pension plan provides the major disability benefit to these employees. Because of the very high risk involved in the firefighters job, it is extremely impor- tant that there be no question about their disability coverage at the time they actually start on the job. The staff has also examined the issues raised by the council relative to cost alternatives based upon appointment dates. Because of the major impact of potential pension plans on the total city cost to support a firefighter an accurate cost comparision is some- what difficult. However, one way of looking at this issue might be to first exclude pension costs from the comparison. On this basis, the cost (salary and related insurance benefits exclusive of pension costs), of the appointment of the three fire7`ighters on the staggered basis as anticipated in the 1980 budget would be $43,065 for 1980. On this same basis, if all three firefighters were to be appointed simultaneously on February 1, 1980, the total cost for the year would $52,635. Therefore, the total additional salary and related in- surance benefit cost, exclusive of pension costs, to the city for an earlier appointment of a?`eh ers than that originally anticipated would be approximately $:9;570. In addition to this salary and insurance benefit cost, the cost differential of the PERA pension plan as compared to the local Fire • Relief Association plan must also be considered. It is this compar- ison which is somewhat difficult to make since the cost of the local plan fluctuates from year to year based upon the actuarial evaluation of the plan. As the council may recall, much of the fluctuation in the cost of the local plan is attributed to the varying annual im- pact of the escalator provision of the plan. One comparison which might be made, even though it would not accurately reflect the actual situation on an ongoing basis, would be to look at the present exist- ing status of the local plan in comparison to PERA. The city cost of participation in PERA is a straight 12% of the total salary of the employee. This 12% cost figure for PERA is comparible to the normal cost as a percent of payroll figure which is calculated as a part of the actuarial study of the local pension plan. For 1979 this normal cost percentage in the Fire Relief Association is 26.86%, of which 6.00% is contributed by the employee. Therefore, the nor- mal city cost as a percentage of payroll would be approximately 21% compared to the 12% cost of PERA. If these two rates were applied to the three additional firefighter positions the cost of enrollment in our local plan would be $375 per month higher than enrollment in PERA, or a total of $4,125 higher for the balance of the current year. Since the commitment to the local relief association versus PERA is a long term commitment, the costs of this differential for at least 20 years must be considered. On a non-inflated basis, this amounts to $90,000 on the three firefighters indicated above. The problem with this comparative approach is that the cost dif- ferential calculated on this basis is far more conservative in theory than fact. The normal cost as a percent of payroll figure for our Council Letter No. -3- January 14, 1980 local plan does not include the city's cost for amortizing the past unfunded liability of the plan. In theory, the normal cost figures used for this calculation for purposes of illustration should fund the potential pension liability of the new firefighters added to the plan. However, in fact this would not be the case because the escalator provision, and some of the actuarial assumptions upon which the unfunded deficit is being amortized, increase the deficit beyond the provisions under which a normal cost figure can fund the plan. For instance, at the present time based on the current Fire Division payroll the interest on the unfunded liability amounts to 30.09%. This amount added to the 21% normal cost as a percentage of payroll creates a total city cost for the existing plan of approximately 51%. It would not be accurate to compare the 51% cost of the city plan to the 12% cost of PERA since the city is responsible for the exist- ing unfunded liability regardless of any future change in pension plans, but it does emphasize the potential cost differential between these two plans. Contributions for all firefighters including the three new positions in 1980 must include normal cost and unfunded liability percentages. Total contributions in 1980 for both normal cost and unfunded liability to the relief association exceeds PERA contributions by $22,498. This is the actual budget impact for 1980 but does not reflect long term costs completely. The actual impact of these considerations means that the addi- tion of three more members to the existing Fire Relief Association plan, as opposed to their enrollment in the PERA plan or a plan of • comparable cost, will result in a significantly higher cost for the city. When one considers that this cost must be borne over the mini- mum twenty-year enrollment period of the employee the increased cost to the city becomes an even more significant factor with which to be concerned. I hope that this addresses some of the issues behind the ques- tions the council has raised and can provide a basis for discussion at your meeting scheduled for January 14, 1980. Respectfully submitted, V' - v? Karl Nollenberger City Manager KN/jf cc: Public Safety Director 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. 21 Agenda January 14, 1980 Subject: Designation of Official Depositories for 1980, and Approval of Collateral There is an item on the January 14, 1980 city council agenda providing for council designation of official depositories to be used by the City of Richfield in 1980, and approval of the collat- eral pledged by these depositories. Four institutions have pledged collateral over and above the amount of the Federal Insurance for public depositories. They are Richfield Bank and Trust Company, which is pledging collateral of $505,000; the Summit State Bank, which is pledging $1,749,653.76; Farmers and Mechanics Savings Bank, which is pledging $262,654; and Midwest Federal Savings and Loan Association, which is pledg- ing $300,000. Attached are resolutions designating each of these 40 institutions as an official depository, and approving the collat- eral pledged. An additional resolution is also attached, providing for designation of certain other savings and loan associations as official depositories in which the city will be able to invest funds not exceeding the Federal Insurance coverage of $100,000. It is recommended that the city council adopt the attached resolutions designating official depositories, with the under- standing that the city would not invest in any of these depositor- ies beyond the level of the insurance coverage or the pledged collateral. Respectfully submitted, Karl Nollenberger \ City Manager KN/jf cc: Administrative Services Director Finanace Coordinator 0- RESOLUTION NO. RESOLUTION DESIGNATING THE RICHFIELD BANK & TRUST COMPANY A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 1980 AND APPROVING COLLATERAL BE IT RESOLVED by the City Council of the City of Richfield as follows: That, in accordance with law, the Richfield Bank & Trust Company be and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. • BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited alt monies not otherwise specifically provided for. Checks on this account shall be signed by the following officers or their facsimile signatures: KARL NOLLENBERGER, CITY MANAGER JOYCE L. WILDE, TREASURER BE IT FURTHER RESOLVED, that there shall be a daily interest savings account. All withdrawals from said account will be for transfers to the general checking account. BE IT FURTHER RESOLVED, that collateral in the amount of $505,000 deposited for safekeeping at the Marquette National Bank of Minneapolis, is hereby approved. Passed by the City Council of the City of Richfield this 14th day of January, 1980. ATTEST: Sylvia K. Bergh Acting City Clerk Donald J. Priebe Mayor RESOLUTION NO. RESOLUTION DESIGNATING THE SUMMIT STATE BANK A DEPOSITORY OF • FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 1980 AND APPROVING COLLATERAL BE IT RESOLVED by the City Council of the City of Richfield as follows: That, in accordance with law, the Summit State Bank be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and re- vocation at any time-by said City and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sum for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but not in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from liquor, swimming pool/ice arena operations and city licenses. Checks on this account shall be signed by the following officers • or their facsimile signatures:. KARL NOLLENGERBER, CITY MANAGER JOYCE L. WILDE, TREASURER BE IT FURTHER RESOLVED, that there shall be maintained a city payroll account. There shall be issued a single check bi-weekly for an amount equal to the bi-weekly city payroll, payable to the Treasurer for deposits in such payroll account. There- after, the Treasurer is authorized to issue payroll checks on said accounts bearing only her signature as city treasurer for all wages or salaries included in said bi-weekly payroll. BE IT FURTHER RESOLVED, that there shall be a daily interest savings account. All withdrawals from said account will be for transfers to the general checking account. BE IT FURTHER RESOLVED, that collateral in the amount of $1,749,653.76 deposited for safekeeping at the Marquette National Bank of Minneapolis and the Federal Reserve Bank, is hereby approved. Passed by the City Council of the City of Richfield this,,2 ?dday of January, 1980. • ATTEST: Donald J. Priebe Mayor Sylvia K. Bergh Acting City Clerk RESOLUTION NO. A RESOLUTION DESIGNATING FARMERS & MECHANICS SAVINGS BANK AS DEPOSITORY FOR THE INVESTMENT OF CITY FUNDS IN 1980 AND APPROVING COLLATERAL WHEREAS, pursuant to Minnesota Statutes, Section 475.66 and 118.17, municipal funds may be deposited in any savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation, and WHEREAS, the amount of said deposits may not exceed FSLIC insurance covering such deposits, which insurance presently amounts to $1000,000, unless amounts in excess of such insurance coverage is covered by additional collateral pledged to the City, and WHEREAS, the deposit of City funds in savings and loan associations and banks would provide greater flexibility in the City's investment program and maximize interest income thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That Farmers & Mechanics Savings Bank, Marquette at 6th Street, Minneapolis, Minnesota, be designated as an official depository for City funds for 1980. 2. That collateral in the amount of $262,654 deposited for safe keeping with First National Bank of Minneapolis, is hereby approved. Passed by the City Council of the City of Richfield, thisi, ?d day of January, 1980. Donald J. Priebe Mayor ATTEST: Sylvia K. Bergh Acting City Clerk • 1 RESOLUTION NO. A RESOLUTION DESIGNATING MIDWEST FEDERAL SAVINGS & LOAN AS DEPOSITORY FOR THE INVESTMENT OF CITY FUNDS IN 1980 AND APPROVING COLLATERAL WHEREAS, pursuant to Minnesota Statutes, Sections 475.66 and 118.17, municipal funds may be deposited in any savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation, and WHEREAS, the amount of said deposits may not exceed FSLIC insurance covering such deposits, which insurance presently amounts to $100,000, unless amounts in excess of such insurance coverage is covered by addit- ional collateral pledged to the City, and WHEREAS, the deposit of City funds in savings and loan associations and banks would provide greater flexibility in the City's investment program and maximize interest income thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the Midwest Federal Savings and Loan Association, . 3100 West 66th Street, Richfield, Minnesota, be designated as can official depository for City funds for 1980. 2. That collateral in the amount of $300,000.00 deposited for safe keeping with the Richfield Bank and Trust Company of Richfield, Minnesota, is hereby approved. Passed by the City Council of the City of Richfield, this nd day of January, 1980. Donald J. Priebe Mayor ATTEST: Sylvia K. Bergh Acting City Clerk RESOLUTION NO. A RESOLUTION DESIGNATING CERTAIN SAVINGS • AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE INVESTMENT OF CITY FUNDS IN 1980 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota. WHEREAS, pursuant to Minnesota Statutues, Sections 475.66 and 118.17, municipal funds may be deposited in any Savings and Loan Association which has its deposits insured by the Federal Savings and Loan Insurance Corporation, and WHEREAS, the amount of said deposits may not exceed the Federal Savings and Loan Insurance Corporation insurance covering such deposits which insurance amount. is presently $100,000, and WHEREAS, the deposit of City funds in Savings and Loan Associations and Banks would provide greater flexibility in the City's investment program and maximize interest income thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. It is hereby found and determined that it is in the best interests of the proper management of City funds that certain Savings and Loan Associations and Banks be designated as ad- ditional depositories for City funds for 1980. 2. The following Savings and Loan Associations and Banks are hereby designated as additional depositories for municipal funds: First Federal Savings of Minneapolis 6445 Nicollet Avenue South Richfield, Minnesota 55423 Twin City Federal Savings and Loan Marquette at 8th Street Minneapolis, Minnesota 55402 Minnesota Federal Savings 355 Minnesota Street St. Paul, Minnesota 55101 Home Federal Savings 500 West 98th Street Minneapolis, Minnesota 55420 Home Federal Savings 6538 Penn Avenue Richfield, Minnesota 55423 First National Bank of St. Paul 332 Minnesota Street St. Paul, Minnesota 55101 -2- Northwestern National Bank Southwest 7900 Xerxes Avenue S. Bloomington, Minnesota 55431 3. It is further found and determined that the purpose of such depositary designation is to facilitate the proper and ad- vantageous investment of City funds and that such designation is not exclusive nor does it preclude the deposit of any City funds in.other officially designated depositories of the City. 4. The Treasurer is hereby authorized to deposit City funds in any or all of the depositories herein designated up to the amount of $100,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand accounts for Public Unit Savings Certificates purchased by the City, payable to the City of Richfield on the signature of the City Treasurer. Such deposits may be made and withdrawn from time to time by the Treasurer as his best judgment and the interests of the City dictates. 5. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the City regarding the investment of City funds. Passed by the City Council of the City of Richfield, this I?fd day of January, 1980. /// Donald J. Priebe Mayor ATTEST : Sylvia K. Bergh Acting City Clerk ?-3 .J CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 20 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Council Member and Mayor Salary Ordinance Mayor Priebe has requested that there be an item scheduled on the January 14, 1980 city council agenda providing for council discussion of the ordinance establishing salaries for the Mayor and City Council members. A change in the salary of the mayor or council members, or both, can be made effective 30 days after publication of.the ordin- ance, under Section 2.07 of the city charter, by a 4/5 vote of the council in favor of the ordinance. Any change in the mayor's or council member's salaries can be made effective after the next succeeding municipal election with a simple majority vote of the council, under provisions of Minnesota State Law. The city attorney has prepared several alternative salary or- dinances which are attached to this city council letter. The first of these ordinances reduces the salary of both the mayor and council members under authorization of the city charter, and would be effective 30 days after its adoption and publication. This ordin- ance would require a 4/5 vote of the council in favor of the or- dinance in order to be implemented. The second attached ordinance amendment is the same as the first, except that salaries of council members other than the mayor, are not reduced, while the salary of the mayor is reduced. This ordinance would also become effective 30 days after publica- tion and would require a 4/5 vote in favor of the ordinance. The third alternative is an ordinance which reduces the salaries of both the mayor and council members, would require only a majority vote of the council, and would not be effective until after the 1980 general municipal election. The fourth alter- native ordinance is the same as the third, except that the salaries of council members other than the mayor are not reduced. 9 Council Letter No. 20 -2- January 14, 1980 Essentially, the alternative ordinances provide for a choice of reducing all council member salaries from their current level to a lower level, or for reducing only the salary of the mayor, while retaining the existing council member salary. The other major difference in the alternatives relates to the implementation date. As noted, the implementation date is determined by the number of council members voting for the ordinance, with a major- ity vote implementing the ordinance after the next municipal election, and a 4/5 council member vote enabling implementation of the salary ordinance immediately upon publication, in accord- ance with existing city charter requirements relating to amend- ment of the city code. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: City Attorney G d 0 AMENDMENT TO 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 $6,000 and the annual salary for each member of the council is $4,500 to be effective 30 days after its publication. Salaries of such officers shall be reviewed by December of each year.] Annual Salary of Mayor. The annual salary of the Mayor is $4,250. "Subd. 2. [Authority for Enactment. This part is enacted pursuant to the requirements of Section 2.07 of the City Charter.] Annual Salary of Council Members. The annual salary of each member of the council other than the Mayor is $3,600. • "Subd. 3. Authority for Enactment. The foregoing salaries are established pursuant to the provisions of Section 2.07 of the City Charter and shall be effective upon the effective date of this ordinance." Passed by the City Council of the City of Richfield, Minnesota this day of 1979. Mayor ATTEST: City Cler E AMENDMENT TO 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 $6,000 and the annual salary for each member of the council is $4,500 to be effective 30 days after its publication. Salaries of such officers shall be reviewed by December of each year.] Annual Salary of Mayor. The annual salary of the Mayor is $4,250. "Subd. 2. [Authority for Enactment. This part is enacted pursuant to the requirements of Section 2.07 of the City Charter.] Annual Salary of Council Members. • The annual salary of each member of the council other than the Mayor is'$4,500. "Subd. 3. Authority for Enactment. The foregoing salaries are established pursuant to the provisions of Section 2.07 of the City Charter and shall be effective upon the effective date of this ordinance." Passed by the City Council of the City of Richfield, Minnesota this day of , 1979. Mayor ATTEST: City Clerk 0 AMENDMENT TO 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 $6,000 and the annual salary for each member of the council is $4,500 to be effective 30 days after its publication. Salaries of such officers shall be reviewed by December of each year.] Annual Salary of Mayor. The annual salary of the Mayor is $4,250. "Subd. 2. [Authority for Enactment. This part is enacted pursuant to the requirements of Section 2.07 of the City Charter.] Annual Salary of Council Members. The annual salary of each member of the council other • than the Mayor is $3,600. "Subd. 3. Effective Date. This section is enacted pursuant to Minnesota Statutes §15.11 and shall take effect after the 1980 general municipal election." Passed by the City Council of the City of Richfield, Minnesota this day of 1979. Mayor ATTEST: City Cler AMENDMENT TO 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 $6,000 and the annual salary for each member of the council is $4,500 to be effective 30 days after its publication. Salaries of such officers shall be reviewed by December of each year.] Annual Salary of Mayor. The annual salary of the Mayor is $4,250. "Subd. 2. [Authority for Enactment. This part is enacted pursuant to the requirements of Section 2.07 of the City Charter.] Annual Salary of Council Members. The annual salary of each member of the council other than the Mayor is $3,600. • "Subd. 3. Authority for Enactment. The foregoing salaries are established pursuant to the provisions of Section 2.07 of the City Charter and shall be effective upon the effective date of this ordinance." Passed by the City Council of the City of Richfield, Minnesota this day of , 1979. Mayor ATTEST: City Clerk • • 1980 COUNCIL SALARY SURVEY SELECTED SEVEN Municipality Bloomington g s Roseville Burnsville St. Louis Park Golden Valley Edina Mayor Salary Council Salary $7200 $6000 5100 3900 4800 3600 4800 3600 4140 3105 3900 ?(;on Average 5306 3858 Richfield 6000 4500 All of the above cities reported that they do not pay mileage to council members or expenses other than city sponsored events. Bloomington Columbia Heights Fridley SO. St. Paul Plymouth Roseville Burnsville St. Louis Park .Maple Grove Golden Valley Average Richfield TOP TEIJ IN METRO AREA SUBURBS 7200 7200 6600 6000 5400 5100 4800 4800 4800 4140 5604 6000 6000 4200 5400 3000 3600 3900 3600 3600 3000 3105 3941 4500 0 a? CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 19 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Recommendation for Denial of Taxicab Drivers License The city has received an application for a taxicab drivers license from a David Gary Nerud. The background investigation conducted by the public safety department with regard to this license reveals that the applicant has been convicted six times during the past year for driving violations. Two of these con- victions involved alcohol related offenses. The public safety department policy used as a standard in recommending approval of applications for taxicab drivers licenses requires a minimum of one-year driving experience which is free from traffic violation convictions. It is the opinion of the public safety department that this applicant's record of traffic violation convictions relates. directly to the license he is seek- ing. Therefore, it is the recommendation of the public safety director, in which I concur, that Mr. Nerud's request for a Rich- field taxicab drivers license be denied. Respectfully submitted, Karl Nollenberger City Manager KN/ej a cc: Public Safety Director Acting City Clerk /G • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 18 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richf ield Council Members: Subject: Approval of Preliminary Plans and Author- ization to Prepare Final Plans and Specifi- cations, Adams Hill Park Improvements In early 1978, the city council approved a plan for use of Community Development Block Grant funds which the city anticipated receiving from August, 1978 through July, 1981 (funding years IV, V, VI). That plan designated $350,000 for the development of Adams Hill Park. The Department of Housing and Urban Development has subsequently approved this allocation. In the meantime, the city council authorized the staff to submit a preliminary applica- tion for federal Land and Water Conservation Fund Act (LAWCON) funding and State Natural Resource Fund funding. The Adams Hill redevelopment project received a very high ranking for this fund- ing, based on the preliminary application, although it is not yet known what the exact amount of funding available through these two sources may be. The Adams Hill Park development project is quite unique with the site topography and special storm water hold- ing pond problems, but the three sources of funding are quite specific about eligible activities to be funded in the project. On October 9, 1979, the city council approved an agreement with James Robin and Richard Schwarz to provide architectural and planning services for building and site improvements at Adams Hill Park. Following this council action, the staff sent letters to all residents in the area bounded by 70th Street on the north, Penn Avenue on the east, 76th Street on the south, and Xerxes Avenue on the west. In addition, letters were posted in the various housing developments in the Yorktown area. This extensive notifi- cation was necessary because the Community Development Block Grant funding eligibility is based on the low and moderate income of the park service area of the park. These approximately 565 letters invited the park neighbors to attend a meeting on November 7, 1979, to begin discussing the Adams Hill Park major redevelopment pro- ject. A second neighborhood meeting was held November 28, 1979. The staff and architects also met with elementary and middle school • • Council Letter No. 18 -2- January 14, 1980 children at Lincoln Hills School and West Middle School to inform them of the planning process and to collect their ideas and suggestions for facilities to be included in the park redevelop- ment project. A third meeting with the Adams Hill Park neighbors was held on December 11, 1979, to review the preliminary plans which had been developed, based on the citizen input received at the earlier meetings. That meeting was also attended by the park and recrea- tion advisory commission membership. Richard Schwarz and James Robin participated in all the neighborhood meetings as well as the regular December 11, 1979 meet- ing of the park and recreation advisory commission. The park neigh- bors indicated basic agreement with, and no basic objections to, the preliminary site and building plans, as presented. The Park and Recreation Advisory Commission recommended approval of the pre- liminary plans. A copy of the proposed preliminary site and building plans are attached for council review. In addition, the community services director, and the architect and the site planner will be present at the January 14, 1980 city council meeting to present these plans. Following the presentation, it is recommended that the city council adopt the attached resolution which provides for the follow- ing 1. Approval of preliminary plans 2. Authorization to prepare final plans and specif ications KN/eja cc: Community Services Director Respectfully submitted, t Karl Nollenberger City Manager RESOLUTION NO. • RESOLUTION APPROVING PRELIMINARY PLANS AND AUTHORIZING PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR ADAMS HILL PARK REDEVELOPMENT PROJECT WHEREAS, the City Council has adopted the 1980/85 Capital Improvement Program providing for an Adams Hill Park redevelop- ment project in 1979 and 1980 capital budget years, and WHEREAS, the City of Richfield has entered into an agreement with James Robin-Richard Schwarz/Neil Weber, a joint venture, for architectural and planning services for this project, and WHEREAS, the City of Richfield has received notification of funding through the Community Development Block Grant Program, and WHEREAS, the City of Richfield anticipates additional project funding through the Land and Water Conservation Fund Act (LAWCON) and the State Natural Resource Fund, and WHEREAS, the city staff, architect and planner have met with residents and organizations including, but not limited to, the neighbors of Adams Hill Park, school children at Lincoln Hills Elementary and West Middle School, and the Park and Recreation • Advisory Commission, and WHEREAS, preliminary plans for the Adams Hill Park project have been prepared, and WHEREAS, the Adams Hill Park neighbors, the Park and Recrea- tion Advisory Commission and the city staff have recommended approval of said preliminary plans, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. That the preliminary plans for Adams Hill Park are hereby approved; 2. That preparation of final plans and specifications for the Adams Hill Park Project No. 749 is hereby authorized. Passed by the City Council of the City of Richfield this 14th day of January, 1980. Donald J. Priebe Mayor 0 ATTEST: Sylvia K. Bergh, Acting City Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 17 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Discussion of Ordinance Amendment Regarding Manager of Licensed Liquor Establishments At the December 27, 1979 city council meeting, the city council requested the city attorney to develop an ordinance amendment for council consideration which would require periodic certification of the residence of the manager of a licensed on- sale liquor establishment. The city code requires that the manager of such licensed liquor establishment be a Richfield • resident, and also requires that the licensed liquor establish- ment notify the city in the event of a change in the manager of their establishment. However, because managers have some- times changed and the city has not been advised of the change in manager, or the change in residence of a manager, the city attorney has drafted the attached ordinance amendment to address.the council's concern with regard to this problem. This ordinance amendment provides that on April 1, July 1, and October 1, the licensee must file with the city a sworn statement con- firming that the manager, managing partner, or licensee named in their original license application does act in that capacity and does reside in the City of Richfield. Subsequent to the last council meeting, the Wine Ordinance Committee has met in conjunction with the study of a wine ordin- ance. The committee discussed a residency requirement as it pertains to a wine ordinance and decided against such a provision. At the same time, they have recommended that the city council eliminate the residency requirement in the liquor ordinance. They felt that this requirement was non-productive and unnecessary in light of recent history with the liquor ordinance. If the city council desires to accept their recommendation, an ordinance will be available for your consideration in lieu of the above discussed ordinance. Respectfully submitted, Karl Nollenberger City Manager KN/eja AMENDMENT TO CHAPTER XI, SECTION 11.06 OF THE ORDINANCE . CODE OF THE CITY OF RICHFIELD, MINNESOTA CITY OF RICHFIELD DOES ORDAIN: Chapter XI, Section 11.06 of the ordinance code of the City of Richfield, Minnesota regulating and licensing the sale of intoxicating liquor is hereby amended by amending Subdivision 10, paragraph (10) thereof to read as follows: "(10) A license may not be granted or renewed, if in the case of an individual, the licensee is not a resident of the city at the time of issuance; if in the case of a partnership, the managing partner is not a resident of the city at the time of issuance; or in the case of a corporation, if the manager is not a resident of the city at the time of issuance. On April 1, July 1, and October 1 of each year every licensee shall file with the City Clerk a sworn statement indicating that the individual licensee, managing partner or manager named in the application still acts in such capacity and still resides within the corporate limits of the City of Richfield. Any "on-sale" license, once issued, shall be effective only as long as the licensee, the managing partner, or the manager, as the case may be, remains . a resident of the city and only as long as the sworn statements required in this paragraph are filed in a timely manner. Passed by the City Council of the City of Richfield, Minnesota, this day of , 1980. ATTEST: Sylvia Bergh - Acting City Clerk } Z 0 Council Letter No. 16 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: CITY OF RICHFIELD, MINNESOTA Office of City Manager Subject: Request for Use Permit, Avenue Zoning District Change, Special and Variances 7645 Nicollet There is a public hearing scheduled for the January 14, 1980 city council meeting on a request for zoning district change, special use permit and variances for Superamerica Stations, Inc. 7645 Nicollet Avenue. However, since this public hearing was scheduled and notice of the hearing was published, we have re- ceived a request from 3uperamerica that the city council defer consideration of this rezoning, special use, and variance request until the second council meeting of March, 1980. is Accordingly, it is recommended that the city council estab- lish the hearinc; on these matters for March 24, 1980. Respectfully submitted, Karl Nollenberger' City Manager KN/eja cc: Acting Planning Director Acting City Clerk F.. W. 1240 W. 98TH STREET SV r E RA M E R I CAS BLOOMING6ON88 16 00 OTA 55431 DIVISION OF ASHLAND OIL, INC. January 3, 1980 F P rI JAN' JL?i Fi C i (i city EAlanager City Manager City of Richfield 6700 Portland Avenue Richfield, MN 55423 SUBJECT: Request for Rezoning, Special Use Permit and Variances Superamerica Station #4162 7645 Nicollet Avenue South Richfield, Minnesota is Dear Sir: The subject request was heard at a public hearing before the Richfield Planning Commission and is currently scheduled to be heard by the Richfield City Council at its January 14 meeting. Because of our company work load, we respectfully request that the application be laid over until the City Council's second meeting in March, 1980. Should there be any problems relative to this matter, please call me at 887-6147. Yours truly, John J. Hogenson, Manager Design, Construction & Maintenance JJH/e 0 I l CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 15 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Special Use Permit, Poppin Fresh Pies, Inc. 3000 W. 66th Street Mr. Victor L. Weber, representing Poppin Fresh Pies, Inc. 3000 West 66th Street, has requested a special use permit to allow the construction of an 11 foot by 28 foot addition to the existing restaurant building, located at that address. The proposed addition will house a walk-in cooler/freezer. The site is in a district zoned C-2, general commercial. The following 1. 2. 3. 4. 5. items are attached to this council letter: Letter from applicant Petition and map Zoning map Land use map Site plan map Section 3.33, subdivision 4 of the zoning ordinance estab- lishes regulations with which hotels, motels, restaurants and cafes must comply. Section 3.33, subdivision 2, paragraph 4 of the zoning ordinance establishes uses allowed by special use per- mits in C-1 general commercial districts. Staff Findings Although the existing restaurant has a special use permit, a new special use permit is necessary because the structure is proposed to '_)e expanded beyond what was originally approved. The staff has reviewed the request for special use permit and found that there will be no loss of existing parking spaces, that the proposed addition is of similar construction materials and design so that it will not detract from the appearance of the existing building, and the proposal is in general compliance with city ordinances and regulations relating to the issuance of special use permits for hotels, motels, restaurants and cafes. Although the width of the traffic lane directly north of the existing structure will be reduced from 21.3 feet to 10.7 Council Letter No. 15 -2- January 14, 1980 • feet, adequate space will still exist for fire protection access. The proposal is in compliance with the City of Richfield's compre- hensive development plan. Staff Recommendation It is the recommendation of the staff that this request for a special use permit be granted, with the following stipulations: 1. That refrigerator condenser noise does not exceed state standards; 2. That the traffic lane adjacent to the north of the building be kept clear of parked vehicles, except delivery vehicles, so that an adequate fire lane is maintained. Planning Commission Recommendation The planning commission recommends that the city council approve the special use permit. Respectfully submitted, • Karl Nollenberger City Manager KN/eja cc: Acting Planning Director Poppin Fresh Pies, Inc. 603 Second Avenue South Minneapolis, Minn. 55402 VICTOR L. WEBBER ENGINEERING & CONSTRUCTION MANAGER. 612/330-4668 Poppin Fresh Pies, Inc. 608 Second Avenue South Minneapolis, Minnesota 55402 Phone: (612) 330-4154 r 3, 1979 City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Dear Sir: SUBJECT: APPLICATION FOR SPECIAL USE PERMIT POPPIN FRESH PIES RESTAURANT SOUTHDALE SQUARE, RICHFIELD We wish to make application for a special use permit to allow the modification of the existing building so that a walk-in cooler and freezer may be added. This would be achieved by • adding an approxiTately 11-foot by 28-foot structure to the rear of the building to house the new walk-in cooler and freezer. Complete drawings showing this addition are enclosed for your review. This additional cooler and freezer space is required to support the implementation of the breakfast menu at this restaurant. We trust that we have fully complied with all your require- ments; but if there are any further questions, we would be more than happy to answer them. Sincerely, Victor L. Webber Engineering and Construction Manager VL!',J/ss Enclosures 0 REQUEST FOR SPECIAL USE PERMIT OF Popoin Fresh Pies FOR PURPOSE OF Cooler/Freezer A i ion • Legal Description: That part of Lots 9 and 10, except the North 30 ft. thereof, "Richfield Gardens," according to the plat thereof on file and of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota, being registered land,as is evidenced by Certificate of Title No. 464730. We, the undersigned, being owners of immediate adjoining land as above described, do hereby concur with the Special Use as requested. Signature of Owners Address Legal Descrin*_ion See Exhibits A and B. 7- 77 L r Exhibit " t All that part ol': the South one hundred fifty (1S0) of the ;'lest one hundred eic,hty-three ' (183) feet of Lot Nine (9), Richfield Gardens, Richfield, Minnesota, all of the above ! described land lying in the Northeast Quarter Quarter (NE 1/4) of Section Twenty-nine (2`9), Township Twenty-eight (23) North, Range Tt.,,enty-four (24) l'lest, Fennepin County, Nirresota) subject to that part acquired for street purposes, including rinht of ingross and egress to Landlords property lyi nq ii-.imedi ately to the East of the d-,-,ii sed preen sc.s over air:l through the Easterly bourdary of the said demised prem;ises r.',hich oponir,d rcn?rr,r:ceat a point on said Easterly 1 i ne forty-eight (118) feet North of the South 1-i:111, of 1:f;^ a cre- said Lot Nine (9) and terrilinates at a point sevent`j-four (74) feet North of said Soi;th 2 i lot line; and of the locution of the boundaries thereof; ?nd the location or all Lui' Ii;rgS thereon, if any; and all visibly encroacli'onts, if any, from or on said it rilsc shows the location of proposed structures but no stakes have born sort for such loc ':icn. 0 170 2' 2213 za! 3, J 2116 I- - 3 17 17 7 e J9 ` 0 217 a r 9 191D ' - .. 1 _ ! 1 I ?47 I1 8 - - 4 4 - r .S j 1918 - 7- 44 ! r G wv ? p`' 18 1 I Glop 6aoc --'-- ? I 64? 05 L 172 _._O4 05 - 17? - I LJ ! ?L it i?.16'3 013 L ? n j Q 15!4 t5 {a 21 -'- ? I ---iff??? (- (? r ?3 20 423 1 14 5 z2 l - - 2 (4 -2 ! ? I Ll ? 2 U 13 4 2 a L? . 1,3 6 -- z e cj ---- ? 12Zs r U'S ( 1217 ? ?, ?s 11!6 cr) 41 i I I '8 1 ? ss J? _ ao I--- -- -? 10,7 109 i _ 45 r d 45 F 9:8 4 I • •:? CD •.T? ? 1 I 1 5 ,1 3 Z J- r l? F?12 0 ?z 776 `- .r i-' 2901 5 a F 10 21? Signatures on Petition I 6 5 /71- z ! ! / R.L.S. ?? AzTa? c _I c r? LI D 66th 5 a :3 2 -I 23 !"6 l 4 '4 +1 ' ` w--?-.--_ _- ' ?-.f ._ .. _ • lJ I I ? ' 3= II 19 I ? 19 I Q L1 d ? _... ! 37 i7I I,7 ? ? 7} { 111 .): 5 33 2 1-- ? iS6.2 ^-. ___. 2 ? I ? x dx d ! • LJ 23 ?'? ?1z t G6? r ° 18 1 Gwc esol 1 6a oc-' 05 i -i 17 2 O 1 - ---? 1 L_. 1 f-? ?3 f I °s 17 - 16 3 08. 1' " • _? n 12 ' 15 4 1 a l? a ??. - . s f ? 15, 14 --? • )23 ? 145 22 r -1 Li, z e 1 s 1 1217 39 D ?. W . Lf 1?? L?"V 11 '8 C1? 40 I 1 4S - P- c 109 --- - ra L.? IS 6 I ie z' 22 13 ze 1• - +-- - 13 _, 14 e 3z 33 ` J 2116 32 3 I a I- 2017 3" r- f 1918 ZONING MAP 19 %."LA- OQ J r' - l W. 64--th 2 1 ? - - 14! z1 L-U 2( j 1 z- ?-- 1 3 : 4 2 a l -- 39 r-; 43 ?z a -_ j?? El [?--I25 23 I-L i ??? 3 5 u ?,' 7 Iti L_1 39 I ' I?i ' L45 L 9i8 4 6 t 66th 13 2 1 ?_- 13 • .lti?frr. -- i' - ? -- GENERAL COMM ERCIAL v rl a - _ ;. N? I 4 MULTIPLE RESIDENCE '- }:lir:?:ti1.ti. ; -1 4f _, LI_ 1 5 I4 3 -2 I --- s6?3\ i`51 ?-- 21 r1 2 ?' J )4 I? J>x j SS? ?I1 I. _ , \! `2f? i 1 +5 5- Iie zli-i 22 15 26I-, la e 7 !3z 33 21 ?6 32 ( . 7 IS . 1 1717 ei ?o 2017 38 r, • I .. 7 I? -1 44 -- LAND USE iviA.P 1918 64 ? h 18 1 6401 64 CD - ty I r, 4 05 V 17 2 L I f-i `? .?] 05 11 171 -? 16 3 6:- _1 -- 2 14 Q154 (aG?. - 4-(5t-- -v 3 Z, r' 1 in 73 145 Z 2 r ?. 14' l l Lij L2. -l 13,0 14. 1 1??-_ 12?N i 1 IL-J}icz) L 3 9 2.3 U s 1217 34 -- ?- - 3 5 11'6 3-4 n _ 4O (.. - -l 39 107 i -- 4-- 45 10.9 .a t3 1 4, 45 98 - E 4 0 ?Y. -?.?ls r E6? 23 16 E12 7 22I 706.6 1 21 1 66th ?--- -- - I I 1 -1 [5:4 ,3 2 -13 2 1 I GL1 S` 23? !F 1 5 6 i3\ I s6•z 1 • n 1 ? T ? I I J 1 1 =::'' I I GENERAL COMMERCIAL 2, > Z, r rr •Y 1 L4• ULTIPLE 3, •? ? :ti M RESIDENCE 9 ? 9 1C I4 11 - 21 :4 rJ - '10 -J26 1 )- C U? 114 L - I ! U? ? 4 ?a ? I I N J - a 1 j s .AO 1 Z Q mom v ARCHITECTS 5CHNEIDER A550CIATE5 l y 1040 North Sycamore Avenue Hollywood, California 90038 T PO 1n `? « Fresh Y vt- ? piq CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 14 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Authorization to Submit Grant Application 0 Last year the Public Safety Department applied for and re- ceived a $5,000 grant to be used in support of the Bicycle Safety Program. These grant funds are provided by the National Highway Safety Act and administered by the Minnesota Department of Public Safety. We have recently learned that there will be limited grant funding available again this summer for the support of bicycle safety programs. The maximum available grant award would again be in the amount of $5,000, which would apply primarily toward salaries of the part time bicycle safety officers employed by the public safety departmeiat during the summer months. The remaining funds would support the cost of educational material used in this program. The deadline for submitting grant applications for this year's bicycle safety program is January 15, 1980. It is recommended that the city council adopt the attached resolution, authorizing the city manager to submit an application to the Minnesota Department of Public Safety for a Bicycle Safety Program Grant. Res ectfully submitted, Karl Nollenberger City Manager KN/eja cc: Public Safety Director Finance Coordinator If t RESOLUTION NO. RESOLUTION AUTHORIZING FILING OF FINAL APPLICATION FOR BICYCLE SAFETY PROGRAM GRANT WHEREAS, the City of Richfield desires to improve and expand its bicycle safety efforts, and WHEREAS, the Minnesota Department of Public Safety and the Minneapolis Bicycle Safety Committee have funding available to assist and support local bicycle safety programs, and WHEREAS, final applications for a bicycle safety program grant are due to the Minnesota Department of Public Safety by January 15, 1980. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the City of Richfield enter into an agreement with the State of Minnesota, Department of Education, for the following purpose, to-wit: To reimburse the City for monies spent for approved activities in connection with project grant number 80-03-04 for the pro- motion of bicycle safety. 2. That the City Manager of the City of Richfield is hereby authorized and directed to execute and file such application with the State of Minnesota Department of Public Safety and to provide additional in- formation and to furnish such documents as may be required by said Department and to execute such contracts as are requested by said Department. Passed by the City Council of the City of Richfield, Minnesota this 14th day of January, 1980. Donald J. Priebe Mayor ATTEST: Sylvia Bergh, Acting City Clerk cp e r CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 13 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richf ield Council Members: Subject: Recommendation for Denial of Taxicab Driver License The city has received applications for taxicab driver licenses from a Mr. Michael Edward Bronston and a Mr. Richard Allen Lee. The background investigation conducted by the public safety de- partment with regard to these license applications reveals that both applicants currently have expired Minnesota driver's licenses. Additionally, Mr. Bronston has been convicted of four traffic re- lated violations within the past 16 months, three of these viola- tions occurring during the past year. ' The public safety department policy used as a standard in recommending approval 'of applications for taxicab driver licenses requires a minimum of one-year driving experience which is free from traffic violation convictions. In addition to currently hav- ing an expired Minnesota drivers license, Mr. Bronston's record of traffic violation convictions, in the opinion of the public safety director, relates directly to the license he is seeking. Therefore, it is the recommendation of the public safety director, in which I concur, that this request for taxicab driver license be denied. It is the further recommendation of the public safety director in which I concur, that Mr. Lee's application for a taxicab driver license be denied until such time as he corrects the problem with his currently expired Minnesota dirver's license. Respectfully submitted, Karl Nollenberaer City Manager KN/eja cc: Public Safety Director Acting City Clerk /9 I 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. 12 Agenda January 14, 1980 Subject: Application for Portable Breath Testing Units Department of Public Safety The National Highway Traffic Safety Administration periodi- cally provides funding to support state and local traffic safety enforcement efforts. Recently, funds were allocated to the State of Minnesota for the replacement of portable breath testing units used by state and local law enforcement officers in determining potential blood alcohol rates of traffic violators. This funding program, which is administered by the State . Department of Public Safety, would provide two new portable breath testing units fbr our public safety department. It is the recommendation of the public safety director, in which I concur, that the city council authorize execution of an agreement with the State of Minnesota for receipt of these units. Attached to this council letter is a resolution authorizing such an agreement. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Public Safety Director I. 6 RESOLUTION NO. RESOLUTION AUTHORIZING A PLICATION FOR PORTABLE BREATH TESTING UNITS WHEREAS, the City of Richfield desires to enter into an agreement with the State of Minnesota, Department of Public Safety, and WHEREAS, the Minnesota State Department of Public Safety desires the City of Richfield to provide authorization for the city to receive ALERT J3A portable breath test unit or units on a loan basis, and WHEREAS, these units are to be used by city law enforcement officers to assist them in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Manager are hereby authorized to execute such agreement. Passed by the City Council of the City of Richfield, Minnesota this 14th day of January, 1980. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, Acting City Clerk C7 /7 Ir • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 11 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Authorization to Execute a Joint Powers Agreement, Inter-Agency Special Investi- gation Squad For some time, our public safety department has been working on a cooperative basis with other communities to share police officer resources for certain specialized criminal investigation activities. Because of the relatively small size of our police division, it becomes difficult to carry out any on-going under- cover activities, since most of our officers become known to those individuals whom we might seek to investigate. Therefore, 0 for the past several years we have been "borrowing" officers from other communities to work on specialized investigation problems. As a result of this practice, we have also been involved in "loan- ing" our officers to other communities for work in similar opera- tions. Generally, it has been our belief that this type of inter-agency cooperation is covered under the terms and conditions of the Police Mutual Aid Agreement of which the City of Richfield is a part. However, that agreement is primarily designed to provide a vehicle for mutual aid during emergency situations and is not specifically designed to facilitate joint investigative efforts. Therefore, the major suburban police agencies in Hennepin County are proposing to join together under the legal framework of the joint powers agreement to provide for a more effective system to continue these joint investigative efforts. Any participation in this project will be totally controlled by the local communities. The use of Richfield officers for these cooperative investigations will be limited to the extent of our ability to commit time to a specific investigation without disrupting the operations of our police division. Primarily, our participation in these activities will be on a multi-city basis, dealing with crime problems which in one way or another directly affect the City of Richfield. We believe that this proposed joint powers agreement will be another positive step in inter-city cooperation which will improve the level of local services available to Richfield residents, with- I Council Letter No. 11 -2- January 14, 1980 out a corresponding increase in costs. It is the recommendation of the public safety director, in which I concur, that the city council adopt the attached resolution, approving the joint powers agreement and authorizing execution of this agreement. A copy of the agreement is included with this council letter. Respectfully submitted, Karl Nollenberger City Manager cc: Public Safety Director KN/eja 0 0 RESOLUTION NO. RESOLUTION RELATING TO JOINT POWERS AGREEMENT TO PROVIDE MORE EFFECTIVE SYSTEM FOR JOINT INTER- AGENCY SPECIAL INVESTIGATIONS SYSTEM WHEREAS, a single city or county rarely has adeouate staff or other resources to conduct the thorough and prompt investigation required for the expedient solution of very complicated and time consuming major crimes; and WHEREAS, perpetrators of major crimes often flee to, and take refuge in, cities or counties other than those in which the crimes have been committed; and WHEREAS, witnesses and other pieces of evidence of a major crime are often found in more than one city or county; and WHEREAS, the commission of a major crime in any city or county poses a threat to the safety, health and welfare of the residents of the entire surrounding area; and WHEREAS, a pooling of investigative resources in a combined in- vestigative action.•by neighboring cities and counties can result in • the expedient solution of major crimes; and WHEREAS, Minnesota Statutes, Section 412.221, Section 387.03, and Section 410 grants to cities and counties the separate power to provide for the government and good order of their cities and counties for the prevention of crime, for the protection of public and private property, and for the promotion of the health, safety and welfare of their re- sidents; and WHEREAS, the Joint Power Act, Minnesota Statutes Section 471.59, permits cities and counties to jointly and cooperatively exercise any powers common to each, including those powers which are the same except for the territorial limits in which they may be exercised. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that the Joint Powers Agreement for Inter-Agency Special Investigation Squad attached hereto is approved and adopted hereby and the Mayor of the City of Richfield, Minnesota is authorized and empowered hereby to enter into said Agreement on behalf of the City. Adopted by the City Council this 14th day of January, 1980. Mayor 0 ATTEST: City Cler JOINT POWERS AGREEMENT FOR INTER-AGENCY SPECIAL INVESTIGATION SQUAD THIS IS AN AGREEMENT made and entered into this lst day of January, 1980, by and among the undersigned cities and counties through the action of their governing bodies, in accordance with the Joint Powers Act, Minnesota Statutes, Section 471.59. WITNESSETH: WHEREAS, a single city or county rarely has adequate staff or other resources to conduct the thorough and prompt investigation required for the expedient solution of very com- plicated and time consuming major crimes; and WHEREAS, perpe£rators of major crimes often flee to, and take refuge in, cities and counties other than those in which the crimes have been committed; and WHEREAS, witnesses and other pieces of evidence of these major crimes are often found in more than one city or county; and WHEREAS, the commission of a major crime in any city or county poses a threat to the safety, health and welfare of the residents of the entire surrounding area; and WHEREAS, a pooling of resources in a combined investigative action by neighboring cities and counties can result in the expedient solution of major crimes; and L' WHEREAS, Minnesota Statutes, Section 412.221 regarding statutory cities, Chapter 410 regarding home rule charter cities and Section 387.03 regarding County Sheriffs' grants to the undersigned cities and counties the separate power to provide for the government and good order of their cities and counties, for the prevention of crime, for the protection of public and private property, and for the promotion of the health, safety and welfare of their residents; and WHEREAS, the Joint Powers Act, Minnesota Statutes Section 471.59, permits cities and counties to jointly and cooperatively exercise any powers common to the parties, including those powers which are the sane except for the territorial limits in which they may be exercised. NOW, THEREF"ORE, in consideration of the mutual terms and conditions contained herein, the parties hereto agree as follows: 1. Inter Agency Special Investigation Squad. There is hereby created the Inter-Agency Special Investigation Squad which shall be comprised of police personnel from the police agencies of the undersigned cities and counties and the purpose of which shall be to conduct special case investigations within such cities and counties as provided herein. 2. Parties. The original parties to this Agreement shall consist of those cities and counties in the Minneapolis-St. Paul Metropolitan Area which have elected to become parties through the adoption of resolutions by their governing bodies and which have • caused their authorized officials to execute this Agreement on their behalf the day and year first above written and to attach a certified copy of the resolution indicating its manner of adoption. In addition, other cities and counties in the Minneapolis-St. Paul Metropolitan Area may become parties through the adoption of resolutions by their governing bodies and their approval as parties by the Board of Directors of the Squad as provided herein. Upon the adoption of such resolution by any eligible city and county and approval by the Board, this Agreement shall be submitted to such city or county for execution by its lawfully authorized official. Such official shall also attach to this Agreement a certified copy of the resolution indicating its manner of adoption. 3. Board of Directors. The Squad shall be governed by a Board of Directors comprised of the heads of each police agency of those eligible cities and counties which adopt this Agreement and which are approved as parties. The Board shall adopt and may amend by-laws and other rules, shall determine all major policies and procedures and shall resolve any conflicts which may arise in the operation of the Squad. The Board shall meet on the first working Monday of January and July of each year and at such other times upon the call of the Chairman who shall give due notice of the calling of such special meeting to each director. Consider- ation of applications by cities and counties and other Board actions may be taken at any regular or special meeting and any action taken by the Board shall require a majority vote of those 0 directors present and voting at any meeting. No business may be conducted by the Board in the absence of a quorum consisting of at least one more than half of all directors. In the event of illness or other good cause, a director may designate a subordinate officer from the same city or county to represent him with full powers of substitution at any meeting of the Board of Directors. 4. Executive Committee. At its January meeting, the Board of Directors shall elect an Executive Committee consisting of a Chairman, Vice-Chairman, Secretary-Treasurer and two members- at-large, all of whom shall be directors. The Executive Committee shall appoint a Team Commander and the various other command and supervisory officers from among Squad personnel and shall regulate the day-to-day activities of the Squad with full power to remove individual officers from the Squad. The Executive Committee shall meet on the first working Tuesday of each month and, except as provided herein, shall retain final authority for the assignment or withdrawal of the Squad from any case.- The Executive Committee shall also have such powers and duties as are consistent with the law and which are provided in the bylaws or which shall be delegated to it by the Board of Directors from time to time. 5. Personnel. The personnel of the Squad shall consist of those police employees from each city and county who are appointed by the heads of each police agency to serve on the Squad and who are duly qualified to so serve. Requirements concerning the qualifications, operations and responsibilities of the Squad 11 personnel shall be provided in the bylaws or such other rules and regulations as are adopted by the Board. 6. Activation of Squad. The head of each police agency or his designee from any party to this Agreement, in which a major crime has recently been committed, may request the assistance of the Squad by contacting the Squad Commander (or his deputy in his absence), who shall evaluate the request and convey it to any member of the Executive Committee. Such member of the Executive Committee shall have the discretion to.either deny the request or activate the Squad. In the event the Squad Commander cannot contact any member of the Executive Committee after reasonable efforts, he shall have the discretion to either deny the request or activate the Squad. The members of the Executive Committee may by a majority vote overrule the action of the member acting above or of the Squad Commander concerning the decision to activate the squad. The Squad Commander shall at all times consult with, and be subject to, the authority of the ranking officer of the local jurisdiction in which Squad operations are being conducted. Any conflicts between the Squad Commander and local ranking officer shall be resolved by the Executive Committee; provided, however, that the requesting agency has the absolute authority at all times to order the Squad to cease its operation and to withdraw therefrom. 7. Disbursements. Squad funds may be expended as far as practicable in accordance with the procedures established by law 0 for expenditure of funds by the parties to this agreement. Contracts shall be let and purchases made in accordance with the laws appli- cable to the parties to this agreement. 8. Funds. The Board may accept gifts, apply for and use grants or loans of money or property from members or other govern- mental units or organizations and may enter into agreements, required in connection therewith and may hold, use, and dispose of such monies or properties in accordance with the terms of the gift, grant or loan agreement relating thereto. It may accept voluntary contributions from its members if the members determine that unusual circumstances warrant their providing financial support to the squad, but the Board shall have no taxing power.. It may accumulate reserve funds and may invest and reinvest its • funds not needed for current operating expenses in the manner and subject to the limitations applicable by law to the parties to this agreement. The Board may not incur obligations in excess of funds then available to it. 9. Responsibility and Indemnification. A. For the purpose of this paragraph, the following terms shall have the meanings given them herein: a) "Sending Agency" means each governmental unit contributing police personnel to the Squad in accordance with Section 5 of this Agreement. 0 b) "Receiving Agency" means each governmental unit receiving assistance from the Squad in accordance with Section 6 of this Agreement B. Except as provided herein and in the bylaws, any police personnel conducting activities here- under as members of the Squad shall remain under the director and control of the sending agency by whom such police personnel is employed. Each sending agency hereby agrees to indemnify and hold harmless the other parties to this agreement from any claim, or cause of action for personal injury, property damage or other tortious acts or emissions which are caused or occasioned by the sending agency's police personnel while in performance of squad • functions. ° 10. Status of Employees. Any employee detailed by a sending agency as defined in Section 9 of this agreement shall remain the employee of such sending agency for purposes of position classification, pay and allowances, vacation and sick leave policies, pension, retirement and disability plans, except as otherwise authorized by this agreement or by law. An employee who participates in any assignment pursuant to this agreement who suffers disability or death as a result. of personal injury arising out of and in the course of such assignment, or sustained in performance of duties in connection therewith, shall be treated, for purposes of the sending agency's employee compensation program, r 0 as an employee, who has sustained such injury in the performance of such duty, but shall not receive benefits for any period for which he is entitled to and elects to receive similar benefits under the receiving agency's employee compensation plan. 11. Duration. This Agreement shall be effective as of the date hereof for the original parties hereto and shall be effective as of the date of execution for any additional parties who may be added from time to time as provided herein. Any party may withdraw from this Agreement at any time upon thirty (30) days' written notice delivered or mailed to the Chairman. 12. Distribution of Assets. Any property or surplus monies acquired as the result of the organization and operation of the Squad shall be distributed to the parties upon the termination of this Agreement in exict proportion to their contribution of such property or monies. In addition, any party which withdraws from this Agreement prior to its termination shall be entitled to the return of any property which it has contributed, or the cash equivalent thereof, and to a proprotionate share of any surplus monies. 114 WITNESS WHEREOF, the undersigned cities and counties have caused this Agreement to be executed on its behalf by its duly authorized officials the day and year below written. 10 Dated: Dated: Dated: Dated: Dated: Dated: E 0 By Its By Its By Its By Its By Its By Its kt CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 10 Agenda January 14, 1980 The Honorable Mayor !J and Q6 Members of the City Council ?g ?? City of Richfield V Council Members: Subject: Recommendation for Amendment to City Ordinance Code, Appendix D License, Permit and Miscell- aneous Fees Billboard Sign Maintenance In August, 1977, the city council adopted an amendment to Appendix D to the Richfield City Ordinance Code, Section 2 (Sub. 34) which establishes the annual maintenance inspection fee for billboards. This 1977 amendment more than doubled the cost of the previous annual billboard licensing fee. The amended fee, as was the case with the previous fee, is based on the square footage size of the billboard with a present annual charge of 15? per square foot with a minimum fee of $20. The previous rate had . been 7? per square foot, with no minimum annual fee. The principle owner of billboards in our community, and the party who has been most directly affected by this change, is the Naegele Corporation. At the time the fees were increased, Naegele expressed concern regarding the magnitude of the increased fee. Since that time, they have continued to express concern with the level of these fees. On December 4, 1979, Naegele requested that the city council reconsider this particular fee. That request was considered by the city council on December 10, 1979. As a result of the council's discussion of this matter at that time, the city staff was directed to do a thorough cost analysis of the city expense in this annual maintenance inspection program and to attempt to come to some mutual understanding with the Naegele Corporation regarding a realistic annual licensing fee. The public safety director has had several meetings both with his staff and with re•Dresentatives of the Naegele Corporation since December 10. While the city's administrative cost of this licen- sing program has generally been less than the fee structure ad- opted in 1977, there has been a rather unique problem in attempt- ing to manage this licensing program. That problem is based on the marketing practices of the Naegele Corporation which, during the course of the year, provides "add-on" features to their bill- boards. An example of this might be the large pictures of the advertiser, his clients, or his product which are constructed on the billboard for a particular display and overextend the frame of the billboard itself. This practice has increased the square Council Letter No. 10 -2- January 14, 1980 AI footage of advertising space and made the monitoring, for annual licensing purposes, somewhat difficult for the city to perform. To accurately monitor these "add-on" features for purposes of calculating the square footage which is allowed by the annual licensing fee requires actual periodic measuring of the billboards. Quite simply, this whole practice is neither practical nor partic- ularly beneficial for either the city or the billboard owner. Therefore, it is recommended that the annual billboard mainten- ance license fee be established simply based on a flat per structure rate, rather than on a square footage basis. The staff recommends changing the existing fee from 15? per square foot with a minimum annual fee of $20 to the following rate: $35 per year per billboard structure up to a maximum of 300 square feet $60 per year per billboard structure in excess of 300 square feet It would appear that this fee structure would provide a far more simplified annual licensing process for the city to administer and at the same time provide a more equitable and comparable lic- ensing fee for licensees. If the council approves in concept, this proposal, it is recommended that the city council give first reading approval to this ordinance amendment concept. At that • point, the city attorney's office can develop language of the specific amendment to the licensing fee schedule prior to pub- lication and second reading consideration by the council. Respectfully submitted, J Karl Nollenberger City Manager KN/eja cc: Public Safety Director City Attorney Acting City Clerk lI AMENDMENT TO APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RELATED TO LICENSE, PERMIT AND MISCELLANEOUS FEES. CITY OF RICHFIELD DOES ORDAIN: Appendix D, Subdivision 34 (a) of the ordinance code of the City of Richfield relating to annual sign maintenance fees for billboards is hereby amended to read as follows: (34) Sign Maintenance 3.47 a. Billboards E$ .15/sq. ft. with minimum $20/yr.j $35 per year per billboard structure up to a maximum of 300 square feet. $60 per year per billboard structure in excess of 300 square feet. • - Passed by the City Council of the City of Richfield, Minnesota this day of , 1960. Donald J. Priebe, Mayor ATTEST: is Sylvia K. Bergh, Acting City Clerk 4e 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 9 Agenda January 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Rejection of Bids, Authorization to Rebid Air Warning Siren Improvement Project The 1979 budget for the public safety department included an appropriation of approximately $18,000 for the second phase of the city's air warning siren improvement project, with 75% of the appropriation to be reimbursed to the city from federal and state civil defense funding. On December 5, 1979, bids for this project were solicited in conformance with previous city council authorization. Two bids is were received by the *ity and were opened on December 21, 1979. Both of these bids substantially exceeded the budget appropriation for the second phase of the project. Additionally, one of the bidders has informed the city that s calculation error was made in the submitted bid proposal, and that the actual bid would be higher than that which was submitted. The 1979 project involved the installation of one new siren and the rehabilitation and relocation of four existing sirens for the West Richfield area. Because of the problems with the bids which were received for this portion of the air warning sire im- provement project, the city attorney has recommended that the two bids be rejected. The public safety director believes that the specifications could be changed to defer the rehabilitation and relocation of two of the existing sirens and expects that this action would result in bids that would more closely conform to the budget appropriation. 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