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12-26-78 agendaExist. planter Lt. 01J. 9 d 12 0 o 8 LO o+: N ' Z X 32 , Exist. i w SPY � , i t 49.25 13 5=►I N 2 Exist. Bldg. 0 3 Ispaces ' EXIST. FENCE 75" as' myn� OFF STREET PARKING No. 78 -17 OWNER AND ADDRESS: LEGAL DESCRIPTION: USE: DATE OF APPLICATION: COUNCIL ACTION: NO. PARKING SPACES: n-- N Scale: 1 300 Donald E. Hagen & Herbert A. Mason 1014 Excelsior Avenue West, Hopkins, Minnesota The Northerly 105 feet of the Westerly 165 feet of. the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 34, Township 28, North Range 24, West of the 4th Principal Meridian, except therefrom the Northerly 30 feet and the Westerly 50 feet for public streets; 7701 Lyndale Avenue South Print Shop December 7, 1978 December 26, 1978 7 OFF— STREET PARKING E.K.S. 7701 LYNDALE AVF. 12/14/78 CITY,QF RICHFIELD, MINNESOTA a Off ice ' of City 'Manager �. CouFn.cil Letter No. 378 p ., Agenda' December 26, 13T i . C :• The Honorable Mayor. and ,< Members of the City Council City of °Riehf ield r A Gentlemen.-, { Subject:, Muni c pal, State Aid. System Submission of Five Year. Construction Program'"' The Municipal Screening Committee of the State Aid Programs Divi -s.ion of the Minnesota Department, of Transportation recently enacted a revision in its rules which requires 'that local govern, merits develop a five year state aid construction program for their' review. This program is intended to serve as a plsanning tool to the -District State Aid Office, and to insure the ,total use of'yearl x state aid apportionments. The public works director has prepared the attached budget which describes the improvements believed to.be necessary to pre - serve and improve Richfield's local and state aid: :;system over the next five years. This construction program envisions the complete utilizai. om. of` our state aid :apportionments from '1978. to 1983. A'1'1 carry forward -of $245,327 in existing funds has been added to the annual' allotments of $335,683 to total $1 , 923 , 742 ,-over the next five -, years -. Sixteen,construction projects have been lsted'in this five year program. Improvements are anticipated for Lyndale Avenue and 6:6th Street, as well as several major intersections. In addition, the city's annual 'allotment: of $39,060 for general maintenance of its local urban street.system is Anticipated to i.ncrease to $79,060 r„ in,1979 and to ,$135,683 by-1982 by reallocating construction funds to maintenance funds. This five year construction program must be` approved by the city ;council and submitted to the Minnesota Department,of Trans - portation prior to- January 1, 1979. If this program is not approved,, �. the city's unencumbered construction fund balance = will be deducted 7 -from its needs prior to the 1980 apportionment. The city's current = unencumbered constructon, fund balance is $245,32.7. Using our pre- vious yearly apportionment of $335,683, the city would -not receive any, additional state aid funds for its.1979.street_ maintenance pro- gram.unless the attached program,-is submitted to the State Aid Off ice by January 1, 1.9 7 9 . The Five Year Construction Program will be used as a guide for assessing needs. and establishing. prioritiesboth for the city and the state trans'portationdivsion. This program c:an and will be j VI �cember 26, 1978 =permit : revis ions y 's program will any revisions and, r rn grogram with the Aon in which I Lhternance program. ichfield`s, trans r �t the city "counc.il - ion of this five r A t a O r i N M V to x l0 I— co K Ol O r-I r{ r1 H 2 W m rn t-. H CO W 61 - w H G., N a Q � a Q O O O O O 00 O O O O O, O ri m O O O O m U I I ul co 00 O O O U) -IZV M ,.� r` O U') Ln N 00 O O O 00 Ll O O O O O OD m O O O m O O O Ln M 0 O l— O O 4cT N a 0 0 o o O o o. % m 110 o 0 o O a o Ln O o o Ln rn r- 0 00 0 � �o Ln o O a o 0 0 0 o m O o 0 00 o O o 0 Ei ko o O O o 0 0 0 o O O o O o E-1 cn o Ln o o O m o O o rn o o O o 0 0 E-' U rn r o 0o o co o O Ln co 0 0 o Ln r- tD Ln o t` O o r O Ln Ln �r r I —4 N r-1 H r-i E-c N - En M O Ln U. Pi o N. H F:� ko U Q o h O rn 0 O' C4 cMi� rd P4 �4 i U O 4-) 4-4 O 4-4 •r-I 4-J f-I �A 4-4 r I 44 4-) 44 4-4 i 4 4-) O is fd •I, U) J 1 -4 z (a 4a .� ON r E �4 o 1:� O >1 Q) �4 (0 4-) H r- (1) Q) Q) E-i co (1) a Q) dl i4 r H �4 � m r �4 �4 rn E E F N 4J H ra +-) FJ4 O rI 41 H 4-) Q) as o -- 4-) o o > �4 a v ri rd 110 a H a 1-1 o •,-i FZ� ri r� rCS Q) 4-J l0 O K4 rl -P r� S)4 LA (Z EH 00 FC N i4 �:l (1) H f< x: ,4 t` E-+ < 4-) i24 a O t� M r. 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C) O rn a' o m to O o 00 a o ca _ y O o w O o w F- ro O ro O r� C, C7 o - H N t7 n tTj W U-1 Ln W t7l Cn o o to 'o C7 a o a1 co N 00 O O 00 H W O O W v W }- Fl - W O O W Fl K co m O O at W 00 O O 00 W O O W H y N H co C co t?7 7 y CITY'OF RICHFIELD Municipal State Aid System Five Year Construction Program 1. General Maintenance Allocation: 1979 -1984 Description: The city streets are approaching ten years of age and must be sealed, repaired, and resurfaced to maintain structural integrity of the surface and base. Funding in excess of the current allotment of $39,060 will be necessary. Justification: More than 20 million dollars have been invested by Richfield residents in the local residential street system. This investment must be protected by preserving the useful life of existing street surfaces. Scheduling: A•total sum of $79,060 has been appropriated in 1979. Additional repairs, seal coats, and overlays are anticipated to cost more than $78,908 in 1980 and 1981. This amount is anticipated `K to increase to $135,683 in 1982 and 1983. •2. Portland Avenue & C.S.A. Expressway 62, Traffic Signalization Description: Access ramps to a major urban expressway would be provided with traffic signals, including integral street lights and loop detectors. Justification: This improvement would significantly improve the capacity and safety of the intersection traffic movements and is a joint cooperative effort between Hennepin County, the City of Minneapolis, Federal Highway Administration, and the City of Richfield. Scheduling: Federal Aid Urban funding has been tentatively obtained. Work is anticipated to begin in mid -1979. 3. Lyndale Avenue and West 66th Street, Traffic Signalization Description: This project envisions modernization of the current signal system at one of the highest volume intersections in the city. Under this improvement, the existing roadside standards would be replaced with mast arm signals and modern solid state equipment. Justification: Multiple mast arm signals and more reliable control equipment will provide greater safety by improving visibility and maintenance. Scheduling: Award of this work is anticipated in 1979. 4. Lyndale Avenue (West 64th to West 67th Street) Description: T e roadway surface will be enlarged to accommodate turning lanes nd barrier medians. Justification: This is a project to upgrade capacity and safety. Scheduling: Te tative approval has been received from the Federal Highway Administration for Federal Aid Urban funds. Work will commence in May of 1979. 5. Lyndale Avenue and West 66th Street Intersection Description: I provements are planned on both streets to improve traffic flows and prov -de greater safety for all turning movements. Greater lane widths, m dians, and new traffic signals are planned. Justification: This improvement will result in completing the traffic capacity impro ements planned in the preceding improvement. Scheduling: Construction will begin in 1979. 6. West 66th Stre t (Graham Avenue to Interstate Route 65) Description: T rough joint participation with Hennepin County, West 66th Street wi 1 be widened to 72 feet and provided with turning lanes. A median barri r curb will aid turning movements and reduce uncontrolled • points of ingr ss and egress. Justification: Volume and safety improvements will be realized by making this im rovement. Scheduling: Wo k will commence in 1980. 7. West 66th Stre, Description: L fully signaliz Justification: to the Lyndale Fremont Avenue at and Lakeshore Drive akeshore Drive will be located westerly to create a ad intersection with West 66th Street and Rae Drive. This work will complete the above described improvements Avenue -West. 66th Street intersection and link these with and Interstate Route 65. Scheduling: Work should begin in 1980. 8. 12th Avenue So th and East 70th Street, Traffic Signals Description: R adside traffic signals and control equipment will be replaced with dditional signal heads mounted on mast arm standards. Justification: These are state aid streets that front a junior high school. The current roadside traffic standards are not as visible or reliable as modern traffic signal equipment. Scheduling: Construction will take place in 1980. 9. Penn Avenue and West 66th Street, Intersection Improvement Description: One of the major intersections in the city will be widened to accommodate additional turning lanes. Justification: The City of Richfield and Hennepin County have identified this intersection as a major deficiency and have agreed to coordinate efforts to acquire the necessary land to improve the capacity of this intersection. Scheduling: Acquisition and construction would begin in 1981. 10. Lyndale Avenue and 76th Street, Signal and Intersection Improvement Description: Two major urban streets intersect in one of the more denser commercial areas in the city. Wider turning lanes and mast arm traffic signals would increase the safety and operational aspects of this facility. Justification: This improvement will increase safety and capacity of the intersection and the reliability of the existing control equipment. Scheduling: Work will commence in 1981. 11. West 65th Street Railroad Crossing at Pleasant Avenue • Description: This item is for traffic signals and a new railroad crossing on West 65th Street. Justification: Signalization would minimize railroad and motor vehicle conflicts and improve safety in the city's Lyndale /Hub /Nicollet redevelopment area. Scheduling: This work is scheduled for 1981. 12. Repair of 76th Street, Cedar Avenue to Portland Avenue Description: Major repairs to the concrete, joint, and expansion materials. Justification: Preservation of ride characteristics and structural integrity would be extended by this improvement.' Scheduling: This work is planned to begin in 1981. 13. Penn Avenue and West 66th Street Intersection Imorovement Description: One of the major intersections in the city will be widened to accommodate additional turning lanes. Justification: The City of Richfield and Hennepin County have identified this intersection as a major deficiency and have agreed to coordinate efforts to acquire the necessary land to improve the capacity of this intersection. Scheduling: Acquisition and construction would begin in 1982. 14. West 76th Street Railroad Crossing near Pleasant Avenue Description: T is item is for traffic signals and a new railroad _crossing on West 76th Street. Justification: Signalization would minimize railroad and motor vehicle conflicts. Scheduling: Work is scheduled for 1982. 15. Lyndale Avenue Improvement (West 67th Street to West 70th Street) Description L ndale Avenue would be reconstructed to include four lanes.of movement. Justification: Anticipated traffic volumes are expected to require improved operational and safety characteristics of this highway segment. Scheduling: Acquisition would begin in 1983. 16. Portland Avenue and East 66th Street Intersection Im -orovement Description: One of the major intersections in the city will be widened to accommodate additional turning lanes. Justification: The City of Richfield and Hennepin County have identified • this intersection as a major deficiency and have agreed to coordinate efforts to acquire the necessary land to improve the capacity of this intersection. Scheduling: Ac uisition and construction are scheduled to proceed in 1983. RESOLUTION NO. Loren L. Law ATTEST: Thomas J. Moran City Clerk Mayor RESOLUTION APPROVING THE FIVE YEAR CONSTRUCTION PROGRAM FOR THE CITY OF RICHFIELD AND AUTHORIZING ITS SUBMITTAL TO THE DISTRICT STATE AID ENGINEER OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the Municipal Screening Committee of the State Aid Programs Division of the Minnesota Department of Transportation has enacted revisions in its rules which require local govern - ments to submit a five year construction program for their review by January 1, 1979; and WHEREAS, this program will serve as a planning tool to the District State Aid Office and will insure the total use of yearly State Aid funds; and WHEREAS, the Public Works Department has completed this con - struction program, envisioning construction and local street maint- enance programs for the years 1979 -1983, for the City of Richfield. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby approves the format and contents of the Five Year Construction Program for the City of Richfield and therefore hereby authorized the public works director to submit the program to the District State Aid Engineer. S - Passed by the City Council of the City of Richfield this 26th day of December, 1978. Loren L. Law ATTEST: Thomas J. Moran City Clerk Mayor CITY OF RICHFIELD, MINNESOTA Inter- Office Memorandum DATE December 22, 1978 TO Wayne Burggraaff FROM Dick Krier SUBJECT Request for General Commercial Planned Unit Development Rezoning Preliminary Plat':PUD Plan. Hub- Summit -Penny Superblock - Second Reading P R 0 P 0 S A L United National Corporation, Neil 0.. Gustafson, and Pennys Super Market Inc. are proposing to redevelop their property in a superblock area gener- ally bounded by new 65th Street, Railway tracks, 66th Street and Nicollet Avenue (map attached). To accomplish the redevelopment, the city council is being requested to consider: Preliminary PUD Plan Preliminary Plat Second reading on Rezoning from C -2 to PC -2 The Redevelopment is proposed to be accomplished in three phases: Phase I - New Construction and Property Improvement United National is proposing to construct an 8,300 square foot restaurant as part of the future enclosed mall, and to maaXe primary imporvements to tTe north park- ing lot. The Summit Bank will make park- ing lot improvements both south of the bank and on vacated 65th Street. The bank will also improve the drive -in teller ingress and egress.. Total new space added during Phase I will be 8,000 square feet, to make a total: shopping center space of 211,800 square feet United National Corporation is proposing to add 36,000 square feet of retail stores enclosed by an 18,000 square foot mall area to the south side of the existing building. United National is also propos- ing to add a 6,900 square foot addition to the northwest side of the existing building, and 1,800 square feet adjacent to the existing Sibley's store. Final improvements to the north parking lot and improvements to the south parking lot will also be completed in this phase. Summit Bank is proposing to add 6,000 square feet of floor area in a two -story addition to the front of its existing building. The total floor area at the completion of Phase III is 282,100 square feet. The parking :ratio, is 3.65 cars per 1,000 square feet of net floor area with a total of 1,019 parking spaces. • I 2 After Phase I is completed, the parking ratio. will be 5.62 cars per 1,000 square feet of net floor area with a total of 1,191 parking spaces. Phase II - Construction and Property Improvements In Phase II, United National Corporation is proposing to add a two -story 9,900 square foot, financial office institution in the south - west corner of the existing shopping center parking lot. During this development phase, the southwest and northwest Hub parking lot will be improved, and the Penny's parking lot could be improved. The Phase II plan also shows the addition of 12,600 square feet to the existing Penny's grocery 'store. After completion of Phase II, the total floor area in this PUD will be 230,800 square feet. The parking ratio--. will_ be 4,90 parking spaces per 1,000 square feet of net floor area with a total of 1,148 park- ing spaces. Phase III - Construction and Property Improvements United National Corporation is proposing to add 36,000 square feet of retail stores enclosed by an 18,000 square foot mall area to the south side of the existing building. United National is also propos- ing to add a 6,900 square foot addition to the northwest side of the existing building, and 1,800 square feet adjacent to the existing Sibley's store. Final improvements to the north parking lot and improvements to the south parking lot will also be completed in this phase. Summit Bank is proposing to add 6,000 square feet of floor area in a two -story addition to the front of its existing building. The total floor area at the completion of Phase III is 282,100 square feet. The parking :ratio, is 3.65 cars per 1,000 square feet of net floor area with a total of 1,019 parking spaces. • y ) • C I T Y O.R D.-I.N A_C.E. R E Q U I R E M:E N T S S T A F F F I N D I N G S 3 The applicant is proposing to provide the city with final development Plans and performance bonds in accord with the attached development shcedule. The final plat for the entire project will be filed with the city with the Phase I final development plan. The applicants propose to mutually share parking and access. (easement forms attached) 1. Section 3.34A regulates plan unit develops, requiring: •Integrated site design *Conformance to Comprehensive Plan and redevelopment plan •PUD Plan and a final development plan 2. Section 3.54 regulates plats requiring ,preliminary plan •final plan edesign standards 3. Section 4.05 requlates parking lot design All of the regulations of these sections must be complied with before approval of the final plat and final development plan. 1. Relationship to Ordinance and Plans (3.34, Subd 4(a)'. Proposed Under Zoning Ordinance Requirements PUD Parking - 5 sp /1,000 s.f. GFA Density - no standard Phase I - 5.62 sp /1,000 s.f. GFA Phase II - 4.90 sp /1,.000 s.f. GFA Phase III - 3.65 sp /1,000 sf GFA Allowed PUD .459 floor area ratio Proposed Phase '.I 0.221 floor area ratio. 0 Zoning Ordinance Requirements Proposed under PUD Phase II - .245 floor area ratio Phase III - .299 floor area ratio Setbacks: South /front 190 feet 72 feet (financial office building) North /front Hub 175 feet 175 feet Summit Drive -In 40 feet 16 feet existing East 40 feet 18 feet existing West_.. 0 feet 0 feet existing 2. The Comprehensive PIa4.Redevelopment Plan The Comprehensive Plan indicates commercial uses of medium to high density on this site. The L /H /N Redevelopment Plan provides for a develop- ment similar to that proposed by the applicants. It is the opinion of the staff that the proposal generally conforms to the comprehensive plan and the L /H /N Redevelopment Plan. • 3. Differences between the Proposal and the City Ordinance Differences between the proposal and otherwise applicable provi.dions of the zoning ordiance are resonable deviations of parking sapces, park- ing lot circulation, sight distances for business, conformance to the parking design standards of the city and goals of the L /H /N Redevelopment Plan. Although the overall project is designed in a way to confrom to adopted plans, several detail designs (parking, traffic aisles) do not conform to strich engineering design standards. Attach- ment 14 lists the corrections which should be made as part of the final development plan. 4. Relationship to Adjacent Property- The new' 65th Street and L /H /N Public Improvement project landscaping will provide separation between the commercial superblock and the single family residential area to the north. Public landscape improvements will be used to soften the land use relationships between Holy Angels on the south side of 66th Street. Although generating more traffic, the proposed improvements, if carried out by the developer, will be adequate to handle the increased traffic. Improvements in aesthetic appearance of the area, if accomplished by the developer, will improve the visual impact of the site. 5 5. Parking lot lighting Landscaping New 40- foot, four illuminous, 400 watt sodium lights will be provided in the parking lots. To protect neighboring areas these lights will not exceed one -foor candle light at the property line, but will provide sufficient light for security and safety within the parking lot and on nearby sidewlaks. Although the lights conform to other design standards for the L /H /N project area, the 40 -fo6t light standards exceed height design standards for the L /H /N area. Phase II and III proposed landscaping will help break the vastness of the parking lot. The landscaping conforms to L /H /N design standards. 6. Structural Asethics The proposed structure will be constructed in a mixed fashion including: • A mall area of pre -cast insulated concrete panels; • A restaurant of brick and wood with concrete block rear • • Wood front - screening wall 6 No changes are proposed for the existing buildings, including the trash containers; a. Financial institution office build ng'.br.ick. insulated metal panels and roof screening; No elevations were _pr_ ovided('for Penny's expansion. If this type of mixed design is allowed without careful a to rat- :e to architectural detail, the proposal will detract from the L /H /N area. There is not sufficient information to evaluate the architectural mixing at this time. 7. Proposed Identification Signs The applicants are proposing to maintain all existing signs. In addition, sign areas ar-e being proposed on the new south wall of the new mall and new low level signs are being proposed at the 65th Street entrance. • 8. Commercial visibility United National Corporation has studied the issue and has concluded that visibility would not be substantially imparied by the new construction. Staff has not. has sufficienj'tim-e to verify. the studies. N 9. Project Provision for Adequate Public Services - • Vehicular Traffic Control. ..Usual Enhancement (3.34, Subd. 4) The proposed commercial superblock will generate approximately 8,472 trips per day in Phase I, 9,372 trips in Phase II and 11,424 trips in Phase III. The present trip generation is 8,144 trips per day. Traffic and turning movement studies conducted by United National and city staff indicate the following traffic movements to the site: 1) 66th Street Pillsbury 8.7 percent trips 2) 66th Street main entrance 34.6 percent trips 3) Penny /Hub cross traffic 10.9 percent trips 4) Nicollet Avenu- 26.0 percent trips 5) Summit Bank entrance 12.4 percent trips 6) 65th Street west 2.9 percent trips 7) 65th Street east 4.5 percent trips Turning movement studies indicate that most trips using Nicollet Avenue come from the north and return to the north. These trips will use the new 65th Street more frequently than at present. Westerly trips on 66th Street and easterly trips . on 66th Street will use the main 66th Street entrance and the Pillsbury 66th Street entrance. The projected traffic volumes on surrounding streets: • New 65th Street - 8,100 ADT • Nicollet Avenue - 13,600 ADT *66th Street - 161400 ADT The capacity of the adjoining streets will be • New 65th Street - 12,000 ADT % Nicollet Avenue- 24,000 ADT *66th Street 28,000 ADT Traffic generated as a result of the proposed construction ih -all phases will not overload the surrounding public streets. 10. Access The proposed project was designed to provide improved access from 66th and 65th Streets, and from Nicollet Avenue. The mid -block 66th Street access and the Pillsbury 66th Street access provide for a 22 -foot ingress lane, four foot median and 22 -foot egress lane. This access will function adequately for traffic from both east and west. 7 The Nicollet Avenue access is for right turns only and will function adequately. The north Nicollet Avenue access to the medical offices and bank provides for both left'and right turns, and will function adequately. Four,two -way 65th Street accesses provide separate ingress and egress to key.la.nd uses. The center 65th Street access will provide combination access to both Penny's and the Hub parking lots The east 65th Street access will provide access to the Hub, and the bank's drive- through tellers, and the west entrance will provide access directly to Penny's. An exit -only driveway is proposed to enter 65th Street adjacent to the medical _office building. This drive was added at the request of the medical doctors. At the present time the medical office does not have legal access to this drive. Public street access is provided to the'.. medical office building and Mobil service station at the part of 65th Street which has not been vacated. 11. Parkina and Parking Lot Circulation The applicants have developed two mutual parking agreements (form attached). These are generally • acceptable to the staff but the agreement detail is in need of limited changes. The PUD as proposed, will not provide adequate parking, without the ability of a shopper to park at one location, shop in the entire area, and return to the original parking location (joint use of parking), which is a goal fo the L /H /N Redevelopment Plan. Parking is provided as follows: • Phase I Summit 93 spaces, without 65th Street 67 spaces North Hub lot 335 spaces Penny lot 193 spaces Hub south lot 570 spaces Total _1,171 spaces without 65th Street-.l_,.147 spaces Rated 5.62/.1, 000 square feet 0 • n 6 Phas:e._:Il Summit parking lot 93 spaces, with -out 65th Steet 67 spaces North_ Hub parking lot ..340 spaces Penny lot 173 spaces South_ Hub lot -542- sp'ace's Total 1,126 spaces:, without 65th. Street 1,101 spaces Ratio - 4.90/1,000 square feet ` Phase III Summit parking lot 93 spaces, without 65th , Street 67 spaces North Hub lot 324 spaces Penny lot 195 spaces South. Hub lot 429 spaces Toatl 1,019 spaces, without 65th Street 994 spaces Ratio - 3.65/1,000 square feet Total parking capacity will be reduced by 152 parking spaces from Phase I to the completion of Phase III. The supermarket, which is the most intensive use, will have direct access to 195 spaces or a ratio of 4.22 sp/ 1,000 square feet. This is marginal. The parking near the major department store (Korner Plaza) is marginally adequate. Overall parking is adequate, but department store customers will have to walk further to shop at the department store. A solution to this problem would be to move the financial office building to the southwest or southeast, opening additional parking spaces adjacent to the department store. The internal parking lot circulation is adequately designed for the bank, Penny's and the north Hub parking lot. The design of the Phase III Hub front parking lot will create some problems, since driving aisles for 90- degree parking are only 22 feet wide. Thisw1.11 not permit adequate back- around space and could result in traffic lot congestion, reduction in usable 0 �c parking spaces, and minor traffic accidents. Parking spaces are proposed to be 20 feet long by 9.5 feet wide except on.perimeters, where they are proposed to be 18 feet by 9.5 feet. 12. Pedistrian Circulation Access points are provided at 66th Street and Pillsbury Avenue, 65th Street and Pleasant Avenue, 65th Street and Wentworth Avenue, Old 65th Street and Nicollet Avenue, and midblock on the east side of the HUB. Access is not provided to midblock to the K -Mart store area. Internal pedistrian circulation is provided from the east side pedistrian plaza to Penny Super market. North -south circulation has not been adequately provided. Sidewalks are generally six to eight feet wide, with handicapped ramps. Crosswalks are marked with bolminite facing similair to the LHN public improvement project design. An: enclosed mall is being proposed. Pedestrian movement issues have been resolved except for two issues which can be resolved before approval of the final development plans. 13. Public Utilities Public utilties (gas, water and sewer) can be provided to the project. Water is now available in Pillsbury Avenue and in old 65th Street. When these streets are vacated, easements will be maintained to service the utilties. Electric utility poles are present behind the Hub. Ease- ments necessary for undergrounding are not shown on the preliminary plat. United National Corporation and Summit Bank have agreed to underground the overhead electrical utilities on 65th Street, provided NSP or the city pay the primary undergrounding cost-estimated to be $19,000. United National and Summit Bank would pay the secondary undergrounding cost of about $60,000 during Phase III. The city would also assume the cost of relocating the fire hydrants on 65th Street. NSP has agreed to under- ground the overhead utilities on 66th Street at no cost to the City or applicant. All new utility connections will be undergournded. The visual 10 impact of the project will be improved on the south side with the additions, but will be degraded on the north side unless the power poles are removed. 13. Storm water Drainage Although we have not received a drainage plan, the proposed catch basins appear on the Pre- liminary Plat. We cannot determine if their drainage is adequate without a drainage plan showing contour. 14. Intensity of Land Use Gross Land Area: 942,703 square feet Gross Floor Area (scaled, does not include basements): Summit Bank - two stories, less open covered area 15,000 square feet Summit Bank - Drive -in -one story 495 square feet Existing Hub - one story 151,700 square feet Penny's Supermarket - one story including drug store 33,632 square feet Total Existing 230,300 square feet Proposed Floor Area Phase I 208,300 square feet Phase II 230,800 square feet Phase III 282,100 square feet Total Floor Area allowed PC -2 658,170 square feet The PUD ordinance permits a land use intensity of 52; the developer's proposal is approximately 50 percent less in floor area than the maximum inten- sity allowed in the ordinance. Staff Recommendation In judging this proposal against applicable ordin ances and adopted plans, it is my opinion that the concept of the proposal generally conforms to the Comprehensive Plan, L /H /N Redevelopment Plan'.and the.PUD Ordinance and subdivision regulations. However,, 11 the design detail does not conform to the Urban Design Guidelines for the L /H /N -area "nor to the parking lot reg4irements of the city. Attachment 14 lists:.the deficiencies noted by the staff. I recommended that the City Council approve the rezoning and the PUD Plan with the following stipulations: 1. That the plan be brought into conformance with the Urban Design Guidelines of the Lyndale /Hub Nicollet area; 2. That the parking lot be re- designed to effectively park and move traffic in accordance with traffic design standards of the city; 3. That the shared parking easement and schedule be approved by the city attorney for form and content I recommended that the City Council approve the new preliminary plan with the following stipulations: 1. That storm water drainage plans be approved by the public works director; . 2. That the water system be looped to Nicollet Avenue to allow sprinkling of the existing buildings; 3. That a separate kitchen sanitary sewer be provided; 4. That easements be provided for underground utilities. ATT.ACH.ME.NT S 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) Site Plan of Phase I; Site Plan of Phase II; Site Plan of Phase III; Utility plan and preliminary plat; Elevations southside Hub; Elevations northside Hub; Elevations financial office building; Redevelopment plan; PUD review criteria; Parking summary; District change map; Joint parking agreements; Letter of transmittal; Detail deficiency schedule; Planning Commission - minutes; List of notified property owners; Ordinance amending the district from C -2 to PC -2; Planned Unit development schedule. ATTACHMENT 1 m ItflH 1111-puiENTHIAS Ro Vrld ITIN to 3 fl 00 0♦ on s ---------- L f 71tv 'lum(mv dIF ipi IMMIZA i-P Li I �711 � � n � 0 �l�il & F El - - �- - �,..,� `� :J' it __Ai�:I. r Fif i-P Li I �711 � � n � 0 �l�il & F El - - �- - �,..,� `� :J' it __Ai�:I. ATTACHMENT 2 AgYmmmad tT, T_ M F- -- 7t-- 1 1 r— '1,7' Tr T; 00 •♦ 0 L-j 7 *�Uv Urri(Mv F --I a RAV IlW6A&!WLCt ANIUKrIM IL f Y 1 i .' L-w : _ _ - 9 El 711—) 3XV rnvaslvrm a RAV IlW6A&!WLCt ANIUKrIM IL f Y 1 i .' L-w : _ _ - 9 El 711—) x. s .... ...... ATTAMENT 3 r n.;, ��' - �• ■� `XiHICIEDHIS 4LIf lu t4i �-mnH-Iku AVVal"Wd -qo; lilt UnjuU11, c.– —, fp If *n s k, k IVP it rd p I r v A N4,1a10 �"F-I 000 0♦ .............. L-7 0 It L *qA v .1 xlrRvlw ........... —T7 ......... ... f >�`` _ :� '.I: i (l C" _ — = � � - illili 111 �� ER5.1 'RAV TINGSIrIff of W4 • A&V HDIOAUAMU IL cl .� is r{ f � -' gt ill I I ; IY l l ' E: mm�= RFA m 3= \ ', 1h, Irso on LTI ...... ....... 7. e=nH LVId AWVNinn m — mo iay u UN30 CHIdaOHO ATTACHMENT 4 is S.M i iIi p- s ! 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ATTACHMENT 7 / P A J ATTACHMENT 8 r-jw `C3-»l=IHC)oa N i° - Ealgl \ m ir j P4 uf 4 w,ay�4M r'ar•.y�* »�j,�ra 'r1� �� t r m �. _ � ,\ 3•.T 3110���. - -p-� -- ��� -may_ __ ♦J 1C; � . .� t \��^xs�z� 7. .yam � 9N'yG (�" °�' Q V^.'_Ty� ���� +.•' A,,. ���• _ � t '� duo` �, -" �; � � °.-.a �f� 't • �j P' ' .Rt �, ""' �: �"T � "` -, }} LU 1-77 ir t y31z _ Jb WE 3 ,.� 1 � v i � . y„ I �_ 1-:� F -4.01 � 2 � --� . �•.-++ .: .. 44� � Y ¢ t � a ' '� CUI 3j .� rcL ao T �" s y ' ter, zo F- - -1-gii 117rg11 �p'�• ; ya: �' .. ATTACHMENT 10 .. 4 ct+ r1 CY) O �b�y.0 O + .. 3��,�, i r{ N r-1 lam- L� C9 lam• I � � two N Cd O -H CO � O 1 � *i O +) O I rl CO It CO r-4 "::v .U1 a N Ll- t+ %ie N O It U rl rl rl r1 4 t rl " ?l rI 4-) rl If-4 H H 1 u U N N N I �'k "y14 C9 ►�L"i W �« p Cn tq ��. s � K •ri pP., �rx }e ' ------------ - - - - -1 r-i co co co I t' a co co co I a to O O O •rl 67 07 07 k lei ----------- 1I - - - - --4 I n . r-1 m co H I to I " Cd O O 02 i x a bn m Flo m ----------------- co -P co co co i O z I • O lzl+ 1 00 1 tsA N co rl 1 O Co co co r-i O N O 4.) LO to de _ p H i O x O O I • 07 co I O UQ U) C+7 N 0 t0 LO �r ATTACHMENT 10 .. 4 ct+ r1 CY) O �b�y.0 O rl r{ rl LO .0 C9 4J, -I) 0 11 - -H O � � O $n4 Cd rl CO It CO r-4 "::v .U1 a N Ll- t+ %ie N O It U rl rl rl r1 r-i rl " Ccd a rI r♦ rl If-4 H H U . W >-I � W T� Vl bLo x: Fa . Cd m Cd w� V Cd w O. r-I Cd -P O w O O O rl cd U H W x a r1 LO m m Q0 m rl r-I r-i N O 00 Cn L� In 4-3 .11 LO cfl +-) � s~ O � rq O P4 •ri •ri r-1 N r-i LO N N N 00 N O N CIO H {� CO H Co -P LO W ..O CO 4-r -P 0 co LO -P -H O :j F, O x +) a -rl -H a H H H W x a m Tt O O CA O 1 rl N N N uj m O CO m m C7 CY C� 4 ct+ r1 CY) O O O rl r{ rl uj m O CO m m C7 CY C� 4 LO .0 C9 4J, -I) 0 LO - -H O � � O $n4 ATTACHMENT 11 F- cn r LO cn cn a w 3nN3Ad 131-IOOIN ►- w w r r cu w N 1 U a 0 0 w z 0 N W w 47 O H r H w a 0 r a `r4` 1/` •�7J /j ATTACHMENT '12 s1k dcs :lc: 03:191 -06' xs MUTUAL EASF. E:T AGPEEti LNT 1 th e `THIS EASEMENT AGREEMENT is made this 18 day of Decertrer , 1918, by and among s GUSTt1FSON, of Minneapolis, Minnesota, a. single person (Gustafson) ; SL IIT STATE RICHFIELD, a Minnesota corporation (Summit) ; and LivITED `A E IO` .� COPj'OR 7110:. , ` aware .� corporation (United) . PRELIMINARY STATEMENT OF FACTS LGustafson and .United are the owners of two 2 parcels of adjoining real estate il, Ws-1�uated in the City of Richfield, County of Hennepin, State of Minnesota, lepaliy xc�seribed herein respectively, as follows: } Tract A: As set forth in Exhibit A attached hereto and incorporated 4 herein by reference, owned by Gustafson; and A > :�f Tract S: As set forth in Exhibit B attached hereto and incorporate? herein by reference, owned by United. dY�ia.` r4dYr ia`Y'� t Sursnit is leasing Tract A from Gustafson pursuant to a lease dated c� Gustafson, Summit and United wish to create nutual, pexoetuai, nonexclusive, .appurtenant easements over certain portions of Tracts A and B . Summit and United shall join in an applicaL-ion to the_City of P,ichfaeld rezoning to PC -2 of Tracts 1! and B and that certain tract s g t of land :abutting United's property which is now occupied by Penny's Super PIarket, ktlnc. .(Penny's). Summit, United and Penny's shall also submit a Planned Unit Development Plan for approval by the City of Richfield in conjunction t w s-7ith the rezoning. �' NOTE, THEREFORE, in consideration of the foregoing, the mutual pro_nises of the y Ay , parties hereto and the mutual benefits to be gained by the performance thereof, Gustafson, Lrmnit and United agree as follows: 1.) Conveyance of Easenent by United - United hereby grants (:.itzout warranty of title) to Gustafson and Summit, their heirs, successors and assi ga and t'r.E:ia' cster::ers 2nd invitees, a nonexclusive, appurtenant easer.ent for the passage of pedestrians and /or 'vehicles of all kinds, nature and descri.ptior_, on, through and of er t`a entrance roads, xpedestrian entrances, curb cuts and other means of ingress and egress to and from anv 'public road, street or right -of -way abutting said Tracts A and B and the parking of motor =,rahiclea of all kinds, nature and description within the arers cesignated for the sa,:.e, ;2s shown on Exhibit D attached hereto and inccrporated herein by reference, ever, across --and upon Tract B. (with the consent of Summ it) , 2.) Convevance of Easenent by Gustafson - Gustafsorher`hv grants (:•.ithout warranty of title) to United, its SUCCE:SSOri and aSSi(;i1S c ? ?ld tilCir cL'.cii:o:. e*rs and i-1vltees, a n c? exclusive, appurtenant easerient for the passaga of pedestrians ,a,26 1'or vehicles o a3.1 kinds, nature and description, on, through and over the entr,­nce roads, a des*_r- Lan on- � l e � za trances, curb cuts and other me a_ ^.s of ingress and egress to and fron any public road, ,st "Teet or right- of -wav abutting said Tracts A and B and the parking of motor vehicles of r °ill kinds, nature and description within the areas designated for the same, as shown on s E rhibit D attached hereto and incorporated herein by reference,' over, across and upon ' 'Tract A. a `•3.) Access Easement - United hereby grants (without warranty of title) to Gustafson and Summit, their heirs, successors and assi -ns and their customers and invitees, a non- '.• e:clusive appurtenant easement nor access purposes to and from Tract A to public right -of -way, over, across and upon Tract C as legally describes' on Exhibi -t C attached - hereto. Should Su_mm it desire in the future to expand its drive -in banking facilities as shorn on Exhibit E attache; hereto and incorporated herein, and should Sumati.t secure "approval for so doing fro a'1 authorities having jurisdiction (including without limita- 'ti.on -the City of Richfield) , United shall then agree that Tract C will be enlarged to « accoEaao "date the entrance dri-.e:•;ay shown on Exhibit E and the parking configuration of Tract A and B. will be modified as shown on Exhibit E, all at Summit's sole cost, f� - - ' 4.) Construction o :..)rovemants - United sha"I construct, at its own expense, the improvements for Tract- B (improvements) including bituminous surfacing, lining, and x' curos shown on Exhibit D nereco, which Exhibit D consists of. four (4) sheets of drawings nand y:three typewritten panes. Sum —mit shall so construct the Irp rove men ts on Tract A „pursuant to Exhibit D. Surr it, shall also be responsible for the construction of the soroveerts on Tract C. Al! is -prove tents shall be constructed in compliance with Exhibit D, including, but not limited to completion of improvements on or before the dates speci- ?fi.ed therein. 5:) Common Easement not to be Obstructed - United shall maintain, repair ;and operate Tract B and Gustafson shall maintain, repair and operate Tracts °A and C in such a manner that the operation thereof will in no way hinder or E "prevent their proper and reasonable use and enjoyment. No fences, barriers F;or other obstructions shall be erected upon the parking area so as to prevent 'the passage of vehicles or pedestrians or prevent the parking of vehicles .except as agreed to in writing by the parties hereto and except as shov7n on ''Exhibit D. Gustafson agrees to s g provide whatever means of positive traffic =control may be reasonably necessary to prevent vehicles intending to enter :Tract A via Tract C at West 65th Street from restricting traffic seeking to "enter or leave Tract B. 6.) maintenance - United shall at all times maintain Tract B in. good ;repair, clean condition, lighted at night during Richfield Hub Shopping Center business hours and free from unreasonable accumulations of ice and snow. Gustafson shall so maintain Tracts A and C. United and Gustafson _.Shall have the right, from time to time, to close and prevent such access to :or through their respective Tracts as may be reasonably necessary for such >`maintenance, cleaning and ice and snow removal. 2 - -7.) Lability and Indemnity United shall defend, indemnify and save ess Gustafson and Suruiiit from all claims, demands and actions for death or damage to property, including attorn�ys' fees, occurring for resulting from occurrences upon Tract B and Gustafson and Summit shall so defend, indemnify and save harmless United with respect to Tracts A and -United, Gustafson and Su-rnit shall each carry comprehensive general liability insurance in amounts adequate to cover their respective obliga-i- ..."tions hereunder but in no event less than $1,000,000.00, and each shall ,­provide the other with certificates adequately evidencing such coverage; G u s t a f s o n and Suoi..-iit, however, may be covered by policies naming both as Conditions Precedent Gustaf son's s and United's performances here- .,;Wnder are expressly conditional upon the following: (01) The rezoning to PC-2 of Tracts A and B and the Penny's tract and approval by the City,of Richfield of the Planned Unit "Development Plan, as referred to in the Preliminary Statement of Facts jr.XX-on page one of this agreement, within 90 days after application for ame is submitted. (02) Relocation and completed construction by the City of - �-Richfield of new 65th Street, as shown on Exhibit D, by December 31, 9 7 9 A If'eithe'r of the aforementioned conditions are not fulfilled or waived writing by Gustafson and United by the dates set out above, either Gustafson or Unit e d may terminate this Agreement upon sixty (60) days ten notice to the other. Condition Subsequent If subsequent to the date of this ment a new building or addition to a building (other than a new R building or addition to a building for which provision is made under it D attached hereto) shall be constructed on either Tract A or Tract B without the consent- of the owner of the other tract of Tracts A and B ("Other Owner"), the Other Owner shall have the right within the sixty (60) day period ensuing the completion of construction to terminate- this agreement by giving ninety (90) -days' written notice to the owner of the tract upon which the construction occurred. The rights of termination given under this Section shall not ...,apply in either of the following two situations: (a) replacements of buildings, whether presently existing or -,-,== contemplated under Exhibit D; (b) buildings or additions to buildings are constructed which are not shown on or contemplated under Exhibit D if the aggregate floor area of same does not exceed 5,000 square feet and the party so constructing agrees that it shall not construct buildings (or portions of buildings) shown on or contemplated'under Exhibit D having identical square footages of floor area. 3 9.) Delegation of Obligations United agrees to accept >drformance of Gustaf son's obligations under this agreeme nt by Summit 5r-by such other party to whom Gustafson shall delegate same; Gustafson tiso agrees to accept performance of Un.ited's obligations by a party to Thom United shall delec,�ate same. 10.) Performance of Obligations of Other Party' - If United or = ustafson (or a party To s —si ei�e?- si_sli 'lave de_ egated its obligations) ;hall fail to perform any of its respective obligations under this agree ient.after written notice and demand from the other, and the elapse of a seasonable period of time after said notice for performance of said ibligation (s) ,_ the demanding party, in addition to any other remedy iermitted by law, shall have the right to perform the obligation(s) of ne other•party in default, at the expense of the defaulting party. 11.) Covenants Running With Land - The easements hereby ,,� granted D,nd the agreements and covenants herein contained shall be easements and „ovenants of indefinite duration running with Tracts A, B and C and shall L,nure to the benefit of and be binding upon the parties hereto and their °espective successors and assigns, including, but without limitation, all >ubsequent owners of Tracts A, B and C and all persons claiming under them. IPI WITNESS WHEREOF, the parties hereto have executed this Agreement >n the above date, 11 O. Gustafson 4 SU11MIT STATE BANK OF RICE ?FIELD By: Ralph E. Bruins Its: President UNITED NATIO.tIAL CORPMRATION By: Its: Executive Vice president t 5 Description of Parcel: a Northwest 'Jt �/: All that part of L_ Southeast 1/ - of of Section 27, Township 28, Range 24, described as follows: ,Commencing at a point on the East line;of s} a said quarter-quarter to a Lc_nt 51 -1.6 'ice North along said line o:: the Southeait corner thereof; thence test parallel to t "a the South line of said quarter uar ter. 50 feet to the actual point of beginning .. landmark; thence North lar;ed by a judicial ryK along a 11n e parallel to sai C�. East line a distance of 174.3 feet to a point marked by a judicial landmark; thence test at k:` t right angles 1.48 feet to an intersection R3 G' with a 1irt' parallel to and 198 feet �;�est or t' � ��e East lire or said quarter- quarter at a point 166.2 feet South of the South lire of Rearrangement of . 17icollet North line of the Homes Second Addition ..h?O'__ point is marked South 451 feet of sae_d by a judicial landmark; thence Eoath along said_parallel line 186.2 feet to.the South by a judicial land- line of said plat ,shish point is marked by mash >, thence E.,..,.. a1.o:_�_, mark; a judicial. landmar >; thence West along sa =d w latter line a distance of 162.26 feet to an � . F - intersection kith an extension of the Pest by a judicial laninar:_; line of Blaisdell Avenue at a point marked by a judicial landmark; t _2n e South along 1_.,e of said quarter- said West extended line of said avenue a quarter a distance of distance of 202.45 feet to a point marked by a judicial lan... a k; thence East 60 _ ......:a_. �,.�ic.: is in landmark, which feet to a point in an extension of the East a line parallel to thn line of Blaisdell Avenue, 14 feet North along said line .from its intersection with East along said the North lira of the South 1/2 of the line 125 feet to _ aii beginning. Southeast 1/4 of the Northwest 1/4 of said Section 27 which point is marked by a judicial landmark; thence South along said. EXHIBIT "A'' extended Last line of Blaisdell Avenue 218.98 feet to the point of intersection of said line with the North line of the South 451 feet of sae_d ter quarter-quarter which point is marked by a judicial land- mash >, thence E.,..,.. a1.o:_�_, mark; _ �_ s4�c. latter line t. distance of 125.2.6 feet to a point marked by a judicial laninar:_; thence North parallel to the East 1_.,e of said quarter- quarter a distance of 60.6 feet to a point mar.kcc. 1�,� a judicial _ ......:a_. �,.�ic.: is in landmark, which a line parallel to thn South line of said quarter - quarter; thence East along said line 125 feet to _ aii beginning. actual : of nt of EXHIBIT "A'' > }$rte �e Blocks 1 and 2, Richfield Plaza, according,to the plat on file in the Office of the County Recorder of Hennepin County, Minnesota. 3 w s � 5nry' fry K A � d C Legal descrption of Tract g C (referred to in Section 3 ). QM `aFEb�rzr 4 � '�,,� .y A4 1�y t 1Y 7 4 .y� yy�d 1 „c„ EXHIBIT d 4R h C Y$ 1 4 Y Y y t Y 4 December 12, 1978 prepared by Sheets l through dated Smiley Glotter plus PUD Schedule dated December 18, 1973 Ad �X ;, 4 r T r t fi b EXHIBIT "D" N+ l g Oro 'a y Drawing showing Entrance drivev7ay with enlargement r� p� � of Tract C and parking re- configura ion. ^; g � a;F 3 ^ tir^ I T n r, ATTACHMENT 12,'1 () RECIPROCAL EASETIENT AGREEMENT THIS AGREEMENT, made this 18th.day of December, 1978, by and between UNITED NATIO`7?,L CORPORATION, a Delaware corporation (hereinafter referred to as "United ") and PENNY'S SUPER I -L,R ?CET, INC. a Minnesota corporation (hereinafter referred to as "Penny "), �jZ THE 5 S E TI3 LdfIFREAS, United is fee owner of real property located in the City of Richfield, County of Hennepin, State of I•Iinnesota, legally described as follows, to -wit As set forth on Exhibit "A "', attached hereto and incorporated herein by this reference thereto (hereinafter referred to as "Parcel A ") ; and tVFiEREAS, Penny is fee owner of real property located in the City of Richfield, County of Hennepin, State of 1-- Iinnesota, legally described as .follows, to -wit: As set forth on Exhibit "B ", attached hereto and :incorporated herein by this reference thereto (hereinafter referred to as "Parcel B"); and WIiER.EAS, the City of Richfield has proposed and adopted a redevelopment program for a portion of the business com-munity within said City entitled the "Tyndale Iiub Nicollct lied eve lop Rent. Project ", of which Parcel A and Parcel B form a part; and WHEREAS, Penny and United have mutually agreed and have secured the recognition of the City of )UcY,field 'that the ample- mentation of said Redevelopment Project shall require the City of Richfield to vacate a certain portion of Pillsbury Avenue South between West 65th Street and West 66th Street, as a result of which vacating United and Penny shall each own a portion of said vacated street, and Parcel A and Parcel B shall be contiguous with one VIIJERL•'AS, the parties to this Agreement are desirous of cooperating with the City of Richfield in said Redevelopment Project, and in furtherance thereof desire to enter into this Re- ciprocal Easement Agreement to govern the construction and improve- ment of the common parking area on Parcel A and Parcel B and the operation, maintenance and any future additions thereto, hereinafter referred to as the "Common Par}cing Area "; and WHEREAS, there has been proposed as part of said Redevelop- ment Project the adop Richfield by the City of Richfield of a Planned Unit Development which includes Parcel A and Parcel )3 and which :is more fully shown on Exhibit "C" attached hereto and incorporated herein, and rezoning the said Parcels A and B to planned general commercial (PC -2) under the city zoning ordinance; NOW, TiI1:1ZEFOR}3, in consideration of the mutual agreements herein contained, the parties covenant and ac;rce for theinselves, their heirs, successors and assigns, as follo:•is:. . 1. Parking - aseme!zt- The part::io.s hereto anc" their. re.- specL-:ive tenants, subtenants, licensees, business :invitces, customers, agents and employees shall, except: as set forth be:lo:a, have the right to use, free of chard ; ;e (unless (a) the parties hereto agree in writing to the contrary or (b) governmental authorities' require a charge be made), the "Common Parking Area" for: A. The passage of pedestrians and /or vehicles of all hinds, nature'and clescr:i.ption on, through and over tbe entrance roads, pedestrian entrances, curb cuts and other means of ingress and egress to and from any public road, st.rcet o: right -of --way abutting said parking area, within the areas designai.�•cl for the same,, and B. The parking of motor vehicles of all kinds, nature and description within the areas designated for the sa ^e.' 2. Utilities Easement(s). Each of the parties hereto shall have the right to install, maintain, repair, augment and /or modify sanitary sewers,' storm sewers, water lines, gas lines, electric lines, telephone lines and /or other utilities (hereinafter referred to as "Utilities Work ") on and under the Common Parking Area, as shown or implied on Sheet 4 of Exhibit "C" or any reasonable modification thereof. The party undertaking' any such work on the Common Parking Area shall: A. Notify the other party in advance. B. Perform the Utilities wort: as expeditiously as practicable and with the last practicable interference to traffic. C. Repair the Common Parking Areas and; any property of the other pasty disturbed by.the Utilities work to a condition at least as good as that existing prior to per- formance of the Utilities work. D. Hold the other party harmless for damage to persons or property caused by the execution of the Utilities Work. 3. Harriers, o'astructi.ons, Etc. No fences, barriers or other. obstructions shall be erected upon the Common Par}cinq Area so as to prevent the passage of vehicles or pedestrians or prevent the parking of vehicles except as follows: A. Those as shown on Exhibit "C ". as B. Temporary barriersAmay be erected from time to time for promotional activities or other valid reasons. C. As agreed to in writing by United and Penny. 4. Construction of Improvements. United and Penny shall each construct, at its own expense, site improvements ( "Improvements ") ___.shown on Exhibit "C" as said improvements are to be constructed on each party's portion of the Common Parking Area. With respect to the Improvements to be made by the parties on their own properties, the following shall prevail: A. United shall not be obligated to construct the xm- provements on its Parcel A as shoran on Sheet 1 of Exhibit until one year after the City of Richfield has :issued to United a Building Permit covering constr_uct.i.on of the Pro- posed Restaurant as identified on the said Sheet 1. B_ Penny shall not be obligated to construct t:lhe provemcants on its Parcel 13 as sho-::n on Sheet 2 of L:xhibi.t "C" until one year after the City of has :issued to Penny a Building Permit covering co nsf.ruc-L i.on of the pro po eci North Addition or the Proposed i•:arhet Addition as identifiecz in the said Sheet 2. United shall not. be obaacic :ted to con. - struct the additional Tmnrovcments on its Piircel A. as sho-., >n on Sheet 2 of Exhibit "C" until one yct:r after tha City of Richfield has issued to United a Buil0inc1 Porli i.t cov ; :i_ng construction of the Propocred rinz:nc ial lnstitution/o"ri_cc 3;lcia. as identified on the said Sheet 2. 1: ot.-ditlhstanclircj thca al)o ,: condition„ if one party .is obligates? to construct the ac3- ditional lmprovciaeI?ts zi:a provided in this p :trc,Cj.tian? , tj ?F!n both pcart.i.c :> ,:ht 1.l he C)' t.J_Cji1.:L Improvements identified as "Phase 2 Site Improvements" on Sheet 2 of Exhibit "C" 2 - e -r C. United shall not be required to construct the additional Improvements on its Parcel A as shown on Sheet 3 of Exhibit "C" until one year after the City of Richfield has issued to Unites a Building Permit covering construction of the Proposed Addition 'A' as identified on the said Sheet 3. 5. vacating of Pillsbury Avenue. The parties hereto agree that promptly upon the execution hereof the parties will jointly petition the City of Richfield to vacate Pillsbury Avenue between 65th Street.and 66th Street and.to deed to each of the parties, without consideration, that portion of the vacated Pillsbury Avenue right -of -way abutting its Parcel and extending to the center line of- .the said right -of -way; said petition shall provide that such vacating shall become effective upon the City of Richfield ha�7ing issued, pursuant to application to be made by Penny and /or United, a Special Use Permit covering (1) the Proposed North Addition or (2) the proposed Market Addition or (3) the Proposed Financial Instituion/ Office Building, as shown on Sheet 2 of Exhibit "C; ", or at such earlier date as Penny and United may jointly request. G. Maintenance and Operation of Co­ .".on on Area. Upon completion of said construction, United and Penny shall thereafter continually maintain, }keep in good repair, replace and. operate the Common Parking Area within its Parcel, including, but not limited to, keeping same compatibly striped, and,.wi - thin practical limitations, clear and free of sno -, ;, ice, rubbish, and obstructions of every kind and nature and providing adequate dral!age thereon. .Che portions of the Common Parking rea located �•:i.thin the separate Parcels A and B shall meet at common, grades with of -e another. '.I''ne striping of the parking spaces and the driveways and pedestrian ways, as shown on Exhibit "C'; shall not be chanced by either of the parties hereto without the written consent of the other party. Penny and United shall each provide for separate electrical meters for outside lighting for the part of the Common Parking Area•within its Parcel and pay all charges therefor, and each shall continually keep its portion of the Common Parking Area lit during at least - the periods during which the Co;n,•non Parking Area within the 31ub Shopping Center Parcel is lit. Each of the parties shall bear the entire cost and expense of carrying out the responsibilities set forth in this Paragraph 6 with respect to the operation and r,.airltc-:nance of the Common Parking Area within its own Parcel. 7. Term. If one or more of the following events shall occur: A. Failure of the City of Richfield to relocate and re- construct 65th Street as shown on Exhibit "C" from Pillsbury Avenue to the west lire of Registered Land Survey 4r692 and perform its work on the site of vacated 65th Street by December 31, 1979. B. Failure of the City of Richfield to agree to the vacating of existing Pillsbury Avenue, Ps set 0 i in Paragraph 5 hereof, within LQdags after Penny a;id United have petitioned for such v eating. C. A new building or addition to a building (other than a new building or addition to a building for which provision is made under Exhibit C attached hereto) shall be constructed on either Parcel A or Parcel B without the consent of the owner of other parcel of Parcels A and B ( "Other Owner ") , the Other Owner shall have the right within the sixty (60) clay period ensuing the completion of construction to terminate this agreement by giving ninety (90) days' written notice to the owner of the tract upon which the construction occurred. � r x ,d5 n The rights of termination given.under this Section shall not apply in either of the following two situations:, (i) replacements of buildings, whether presently existing or contemplated under Exhibit C; (ii) buildings or additions to buildings are constructed which are not shorn on or contemplated under Exhibit C if the aggregate floor area of same does not exceed 5,000 square feet and the party so constructing agrees that it shall not construct buildings. (or portions of buildings) shown on or contemplated under Exhibit C having identical square footages of floor area. Upon the ha pe.nin g of any one of the fore:goi.ng events, either Unitcd or Penny --hall have the right to terminate this Agreement upon sixty (60) days written notice to the other party. 8• Covenants Punning With The 1,and__ Irri e casements hereby granted, the restrictions hereby . imposed and the agree- ments herein contained shall be easements, restrictions and covenants running with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective 1-ieirs, .successors and assigns, including, but without limitation, all subsequent owners of the Parcels A and B and all persons claiming under them. 9. Insurance_. Penny shall defend, :indemnify and save harta+_ess United from zcl.l claims, deimands and actions for :injury, death or damage to property, including attorneys' fees, occurring or resulting from occurrences upon Parcel "B" and United shall so defend, indemnify and save harmless Penny with respect to Parcel United and Penny shall each maintain at all tim:s during the terr,� of this Agreement comprehensive general liability :insurance faith respect to its own Parcel, in amounts adequate to cover :its ob- ligations under this agreement but not less than $1,000,000 with respect to any one injury, $1,000,000, with respect to injuries :in any one accident and $1,000,000 with respect to property damage. United and Penny each shall furnish the other with a current certificate of insurance as evidence that the said insurance is in full force and effect. 10> Contingencv. This Agreement shall be Contingent upon the rezoning of the Parcels of property owned by the parties hereto as well as that certain parcel which abuts Un ited's holding and is now occupied by the Summit Baniyt:o "PC-2", and the adoption by the City of Richfield of the s -yid Planned Unit Develop:m;it. United and Penny shall join in an application to the City of Richfaead for the said rezoning and approval of the said Planned Unit Develop- ment promptly after execution of this Agreement, and JU-1 "the event of the failure of the City of Richfield to issue the said rezoning and approval of lib : said Planned Unit Devel.ofinent w:i.tb in g0 day.; from the date of application the hero;_, th:i.: Agreeme'r -t shrill . be gull and void and o" rip .furt-.her for.cc and el: eci:. 1 11. Performance of Obligations of Other. Party. If United or Penny's shall fail to p,rrorm any of its respective obligations under this agreement after written notice and demand -from the other, and the elapse of a reasonable period of time after said notice for performance of said obligation(s), the demanding party, in addition to any other remedy permitter, by lava, shall have the right ht to perform the Obligation(s) of the other party in default, at the expense of the defaulting party. 12. This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. -wai.w IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. s, UNITED NATION CORPO_RATIO% N ' By: Its Executive Vice- President PENNY'S SUPER M- NRhET, INC. By: Its d.. N� .F y ` Description of parcels: 1. Block 3, Richfield Plaza, according to the nlat on file in the 4+� Office of the County Recorder of Hennepin County, Minnesota. 2 That part of the > /3 cis: t' t e ;i1C � Uar c .. SC 11t :1� J3 —�.. � rods; U ". II SOS.' .�' Ci' - tC' ?'. of the nortAw.est quarter of Sec-tion 27, `I'o::1;sh�p, 2S Or `h, 'Range 24 \iest o:�: "th(', fOI- 21'�`l:h p1'i_I:C.'1]'J.%f: :1'•.t?.l'C�]- "- Ci( :�:.1'y.��UC ^Ui fUl -ows Commencing i1t �: �011lt OIl 'tlle SUL1Lli l iil : t�1 I above described tract �i hicll is 25 .-Feet east of tlle= so�::� corns tl�iez'e of thcllc� nor"cll parallel Y =:i the ,:est c -tll .I.n d the above descri_Ded tract: 1S3 feet to the poii ?t o beillzling of the parcel to be. scribed, thence 11C)I'th p«r; ale__ with the ,;pest lane of thc. above describeci irac:t 33C) 1cc1 , at u the11C:C: cast: para.:Llel. ivi.th the noz'f:h line of sai ci trace: feet, th 110E' south 33J feet a1.0I ?- cl line tl ?4 extended °Cl ]_Ili K SC:ct:Lon . of ,;'I "1:LCI1 ,l' "! tll tI1C ::UU'th l]_11C Of the SU:ltlli :3S i (j t1�1? ";P_' [ sf Of the: northwest quarter is 302.9 feet East of the pUi11% of beginning, thence i,'est para.tlol. ,= :ith the sot.;;l_ lim: of tale - �v r above tract 255 fcet, thence north parallel ; °:itll the ::es": of the above tract 33 feel: thence ,:rest: a clip >ta),c:e o- =i7. q ' more or less to t1ne actual point of bec 1_Illlilig Mid t.Y +36 rXFIILIT "13" 0.i `` ATTACHMENT 13 December 18, 1978 Richard C.`Krier, AIP "Planning and Redevelopment Director City of Richfield, Minnesota D" ear Mr. ` Re: 17UB Area Re4evelopment Project D , Under separate cover we will be sending -to you the following documents which constitute, per your instructions, the entire submittal required of us for City Council consideration and final approval of the PUU :plan and rezoning to PC -2: A. Seven sheets of Drawings prepared'by Smiley Glotter Associates, dated December 12,1978 and entitled: 1 "Site Plan - Phase 1„ 42 „Site Plan - Phase 2., 'r3 . . . "Site Plan - Phase 3 #4 . . . „Plat„ ;5 . . . "South Elevations - Phase 3" -#6 . . . "North Elevation - Phase 2" #7 "Miscellaneous Elevations - Phase 3" B. Planned Unit Development Schedule dated December 18, 1978. T.46 C. Easement Agreement dated December 18, 1978 by and between Penny's Super Market, Inc. and United National Corporation. D. Easement Agreement dated December 18, 1978 by and between FV Summit State Bank and Deil O. Gustafson, and United National Corporation. n e incorporate, to the best of our knowledge, the comments and x recommendations proposed by City Staff. It is understood that the 3� llowing are essential conditions of City Council approval and of our undertaking the PUD and shall be deemed a part of our application: 1. The Site Improvements called for in the Drawings may be performed in a single program or in phases as set out in the Planned Unit Development Schedule, as the undersigned may elect each with respect to its own property albeit obligated to act in concert where required by the Schedule. The undersigned agree that, upon the granting of a special use permit and building permit as required by the City of Richfield for any of the proposed buildings or additions to buildings shown on the Drawings, they will, each upon. its own property, perform the related Site Improvement work as set out in the Planned Unit Development Schedule. 2. At the time applications for building permit (s) for each proposed buildings or additions to buildings are submitted, the undersigned, each with respect to vorl: on its own property, will furnish to the City performance bonds or other acceptable security guaranteeing faithful performance of the site Improvement work associated with the building construction s. r� l f for which.building permit application is made, as shown on s the Drawings and set out in the Planned Unit Development k Schedule. Performance bond(s) will not be required for i building construction work. If permit (s)` are not granted within 060 days after application has been made, the security ' will be returned.. 3. Those of the undersigned upon whose property the work of any Phase is to be performed will, prior to undertaking the- viorl- set out in such Phase, submit for City Council approval Final Development Plans, each with respect to its own � ro ert p p y, showing the proposed work in all appropriate detail and conceptually in conformance x�ith the relevant - portions of the Drawings submitted herewith, and eaith relevant t - ordinances of the City of Richfield, except to the extent the _ t docume nts herewith p e rmit or require modifications thereof. 4. The undersigned will file with the City a Final Plat of the PUD premises at the time of applying for the first building permit to be issued pursuant to the Final Development Plans. 5. City Council approves the Planned Unit Development Plan as �. submitted by the undersigned, or with such changes as are -1, mutually agreeable to the undersigned and City Council,and • the tracts concerned are rezoned to PC -2. Very truly _yours, PE\NiX'S SUPER 'MARKET, INC- F By: _- Its SUHL',11T STARE BANK By Its. DEIL 0. GUST AFSO.3 , Individually L'\ITED NATIONAL COPXORATION By: Its E'XCC"iti.Vi i 3y accepting the.submittal referred to herein and submitting same to City 'ouncil, the City of Richfield agrees that if City Cpuncil approves the ?lanned Unit Development Plan and re -zones the tracts concerned to PC -2, -he PUD Plan will not be modified nor will the tracts be further re -zoned without the Britten consent of the parties hereto,,or their successors ind assigns. The signature of the City's officials below constitute s :he City's agreement to the provisions of this paragraph. Mayor City Manager 3 City Clerk 7 ... nz, ATTACHMENT 14 SCHEDULE OF DEFICIENCIES TO BE RESOLVED BEFORE APPROVAL OF FINAL DEVELOPMENT PLAN ;r Once the PUD plan and preliminary plat is approved, and the �ds s t i rezon- n g is approved b y the City Council a final development p lan will be required to implement Phase 1, 2, and 3 separately. The phased Sot final development plan must consist of the items in Subdivision 6, i. ';page 70.4 of the Code of Ordinances for the City of Richfield. The final_ development plan is approved by special use permit subject to '.' ' "United National's performance to the items in 70.4 and the PUD plan. We have reviewed the preliminary plan and would suggest that the sf following be resolved before final development plans are submitted: N., I. General •A. When Pillsbury Avenue is vacated, a rear sidewalk behind Korner Plaza and bus access must be provided. E. All driving aisles and access points must be dimensioned and designed for city /county standards. All new signs must conform to the city's sign ordinance and the Lyndale /Hub /Nicollet Urban Design Guidelines as 'adopted by the City Council. If within the United National Corporation parking lot, cars are allowed to overhang public right -of -way, the city will expect United National Corporation to be responsible for replacement of any damaged city property. All transformers are to be protected as per city code and screened when visible to the public. F. The City of Richfield is responsible for moving fire hydrants on and along 65th Street no greater than a distance of 100 feet. Any additional cost is borne by United National Corporation, Summit or Pennys in the relocation of the fire hydrants. The City of Richfield makes this commitment only based on adequate timing and reasonable periods of time to do the work. II. Phase I A. Summit Bank Property 1. Handicap ramps at sidewalk intersection with drive- way and parking areas; 2. Overstory maples in south parking lot; 3. Issues with Richfield Medical Group resolved before north parking lot is constructed; 4. How will Summit Bank underground prior to United National Corporation undergrounding overhead power utilities? a. r' This line should have a grease trap and interceptor to prevent grease from plugging the sanitary sewer line. d III Phase II A. Summit Bank Area No improvements Phase II B. United National Corporation Page 2 5. All driving aisles are to be dimensioned; y 6. Entrances and exits dimensioned at Nicollet Avenue 4 and 65th Street, turning dimensions on drive -in 4. areas; e 7. Sidewalk dimensions to be a minimum eight feet. B. United National Corporation 1. All new signs to conform to city ordinance and L /H /N Urban Design Guidelines; 2. Handicap ramp on rear office entrance area; 3. A fire hydrant should be placed between the finan- cial institution and the Hub mall addition. This fire hydrant is shown on Phase III but does not appear on your utility plan; 4. A separate sanitary sewer line should be provided for the kitchen waste at the proposed restaurant. This line should have a grease trap and interceptor to prevent grease from plugging the sanitary sewer line. d III Phase II A. Summit Bank Area No improvements Phase II B. United National Corporation Five -foot sidewalk to be constructed on either side of the proposed financial building. Eight -foot pedestrian sidewalk rear of Korner Plaza. The unprotected light standards southwest of Korner Plaza should be temporarily protected. End islands without trees should be all concrete per Urban Design Guidelines. Roof drain as part of financial building. All end islands should be lan.sc:ped (trees) or concrete. C. Pennys 1. Elevation of proposed buildings including signing. Schedule of light replacement, amortization to replace existing lights that conform to the city L /H /N design standards ar„ } 2. 3. 4. 5. 6. Five -foot sidewalk to be constructed on either side of the proposed financial building. Eight -foot pedestrian sidewalk rear of Korner Plaza. The unprotected light standards southwest of Korner Plaza should be temporarily protected. End islands without trees should be all concrete per Urban Design Guidelines. Roof drain as part of financial building. All end islands should be lan.sc:ped (trees) or concrete. C. Pennys 1. Elevation of proposed buildings including signing. Schedule of light replacement, amortization to replace existing lights that conform to the city L /H /N design standards d 1 r Pa e 3 g s 3. Pennys has been exploring the possibility of an arcade through their store to connect a rear entrance to the K -Mart area. If this is not desirable, some t type of through block connection will have to be � arranged. � Wk, TM 93 . w 4. All end .island are concrete or landscaped. ..; 'IV. Phase III A. United National Corporation 1. All drive aisles must be dimensioned all parking �..t spaces dimensioned, the following complied with: y a. 20 -foot parking spaces on perimeter - Nicollet Avenue because of public improvements on that w perimeter. b. 18 -foot parking spaces on 66th Street and .adja- cent to Nicollet Avenue. C. 18 -foot parking spaces 66th Street, financial h> institution and along traffic barriers. 2. Dimension all service areas. h 45v; xn T 3. Over -story trees as per city specs. 4. Concrete triange in front of the Cook Paint area is the responsibility of United National Corporation. V. Preliminary Plat A. Easements to transformer pads must be provided as part of y the preliminary and final plat. B. Sprinkle areas not shown as being sprinkled within the Hub, and loop the water system to Nicollet Avenue. C. Storm water drainage existing problem be resolved with United National and Public `Yorks Director. VI. Elevations - All designs must conform to Fire Zone 1 require - ments and be accomplished to accommodate a future mall. A. All trash receptacles must be fully enclosed as per Lyndale/ Hub /Nicollet Urban Design Guidelines. B. All utilities must be undergrounded during Phase III. VII._. Several issues raised by the city attorney concerning the sub- mittal, schedule and joint parking easements. STAFF PRESENT: ATTACHMENT 15 RICHFIELD PLANNING COMMISSION MINUTES September 27, 1,977 Chairman Lindgren, Commissioners Lien, Anderson, Ertman, Ahlquist, Susag, Helmberger, Ulrich and Ketcham. Council Liaison Ludeman. Richard C. Krier,`Planning 9 Redevelopment Director; Judy Kunz, Secretary; Mary Drake, Planning Intern. APPROVAL OF MINUTES M /Ulrich, S /Anderson to approve the Planning Commission minutes of August 23, 1977. Motion carried. M /Anderson, S /Lien to approve the Planning Commission minutes for special meeting of September 6, 1977. y .-Motion carried. ITEM #1, CASE #77 -V -10, Variance, 7501 Second Avenue South The Planning Director presented the staff report to the Planning Commission. Mr. John Allers, 7501 Second Avenue South, applicant, appeared before the Planning Commission, stating that he thought there were special circumstances relating to his lot since it is a corner lot and that his lot is larger than most lots in his neighborhood. Mr. Allers stated that his main reason for enclosing the pool is for security purposes. Commissioner Ulrich asked the applicant if he had talked with his neighbors about this enclosure. The applicant replied that he had and there were no objections from his neighbors. Commissioner Ertman inquired about who came in for the building permit to build the swimming pool. Mr. Alley's replied that his builder was the one who came in for the building permit. M /Lien, S /Ulrich to close the hearing. Motion carried. 4p M /Lien, S /Anderson to recommend to the City Council to grant the variance for the rear yard setback and the height of the structure. 2 ;ommissioner Ertman stated that he did not think it was fair that - in average individual would have to hire an architect for every iddition or change to his property to make sure that everything was lone correctly. He felt that the Inspection Division should be of pore help to residents. } 4otion carried 6 -2 -1 with Commissioner Susag abstaining and Commissioners (etcham and Ahlquist voting no. Item #2 was tabled until after Item #3 since applicant would be late.) ITEM #3 CASE #77- PUD -4, HUB -PENNY SUPERBLOCK 4 The Planning Director presented the staff report to the Planning ti x;'Comnii s s ion . Commissioner Ulrich was excused for 10 minutes at 8:25 p.m. 'Questions raised by the Commission included whether there -was adequate "parking planned for the medical building to which the Planning Director ,;replied that there was; and if the design criteria was equivalent ^ °to that of the K -Mart store planned for 66th and Lyndale. The nning Director indicated that the design criteria would be comparable to that of the K -Mart store. y'Mr. Harry Olson, of Smiley, Glotter & Associates, architect for the applicants, appeared before the Planning Commission to point out further design proposals. Questions to the architect from the Commission included whether there would be screening of the service areas on the north side. of the Hub; he architect answered that there would not be any screening. The 'Commission also asked if the heating system for the building would t e adequate with the additions; the architect answered it would be adequate. �:. Richard Naiman, United National Corporation, New York, appeared before the Planning Commission expressing his desire to be a part of the revitalization of downtown Richfield. The Commission asked Mr. Naiman if there would be more than one tenant in the proposed addition to the Hub. Mr. Naiman answered yes they would like to have several tenants rather than one. Commissioner Ahlquist asked if there was a tenant for the proposed restaurant and what type of restaurant it would be. Mr. Naiman answered that it would be a family -style restaurant and that they did not have a tenant at the present time. Mr. Naiman indicated to'-the Commission that this development is unique and it will be different to some of the national firms they will be contacting for tenants. Larry Wozniczka 6744 Wentworth Avenue South, appeared before the Planning Commission expressing concern that there should be a north -south sidewalk to the Hub building, coming from the south going north; WP he also, indicated that parking was a concern. Mr. Wozniczka also -3 sked who would be responsible for the maintenance of the Hub ^,andscapi.ng. The Planning Director indicated that maintenance is ,the responsibility of the owners of the property. Ralph Bruins, Summit Bank, appeared before the Planning Commission stating that at a property owner's meeting that afternoon, everyone left the meeting with a positive feeling. He also commented on the � maintenance of the property stating that they had-talked of forming w a landowners association as part of the shared parking plan. Commissioner Ahlquist asked Mr. Bruins if the traffic flow through the drive -ins would be satisfactory. Mr. Bruins answered that there would be.no problem and he felt it was adequate. Mr. Bruins also 4zi j indicated that there will be adequate signs to direct bank customers through the drive -ins. yT Larry Wozniczka, 6744 Wentworth, appeared, stating that the restaurant 3 and photo shop should be kept back as far as possible from 66th Street. He suggested the area adjacent to Korner Plaza ' M /Anderson, S /Ulrich to close the hearing. s Motion carried. M /Anderson, S /Ulrich to recommend to the City Council approval of rvAhk`'the preliminary PUD plan with the four following stipulations: That the plan be in conformance with the Urban Design Guidelines of the Lyndale /Hub /Nicollet area; 2. That the parking lot be designed to effectively park and move traffic <' in accord with traffic design standards of the city; That mutual shared parking and maintenance agreements be worked out between the:�Iparties involved in this PUD. 4. That a mutually agreeable development schedule be submitted by the i parties involved in the PUD. The Commission then discussed the development timetable, pedestrian movement from Holy Angels to the Hub. Commissioner Ketcham questioned if the restaurant and photo shop were approved could there be any changes made later. The Planning Director indicated that the restaurant could be changed 10 per cent in the floor area without further action on the final plat; however, once the final plat was approved it cannot be changed without Council approval. �Ft Motion carried 9 -0. M /Ahlquist, S /Ulrich that a resolution to the City Council be prepared stating the Commission's desire for the developer to submit a development schedule with the completion of Phase II to be within 5 years. Commissioner Ertman stated that the Commission was grabbing a figure out of thin air and that something of this nature should be done by sound judgment making it a viable development schedule. Commissioners Anderson and Lien both indicated they agreed with Commissioner Ertman. F -4- v> { >` Commissioner Susag suggested a change to the motion which would request k`w; that the City Councilexercise sound and reasonable judgment in etting the time table. ��`z^�Commissioners .Ahlquist and Ulrich restated the motion to read.: That �`the Planning Commission suggests Ghat the -City Council exercise s "ound _,:;and reasonable judgment :in setting the development 'schedule for the Nub PUD. 'Motion carried 8 -0 -1 with Commissioner Anderson abstaining since he -did not feel that he was qualified to put this kind of responsibility on the City Council or'the. developer. M /Lien, S /Susag to recommend to the City Council the zoning district change from C -2 to PC2 for the Hub /Pennv /Summit Superblock.. Motion carried 9 -0. 3 wF M /Lien, S /Ahlquist to recommend to the City Council approval of the preliminary. lat with the following three stipulations: z That storm water drainage be shown on the plan and if a problem xpk, exists be resolved; That the power services to the building be undergrounded and power poles removed; Jg That the Hub hook up to city water and abandon the existing well for domestic use. Motion carried 9 -0. M /Lien, S /Ketcham to recommend to the City Council approval of the special use permit for the Hub PUD. Motion carried 9 -0. �5 „b Commissioner Lien was excused from the meeting at 10:00 p.m. �z 1 .Y ITEM #2, CASE #77- V- 11,_1520 East 66th Street The Planning Director presented the staff report to the Planning Commission. Mrs. Olson, the applicant, appeared before the Planning Commission. She indicated that they presently have a lease which will expire on December 1st. She said that this building will be the first head - quarters for this national company. The company produces crime prevention devices. M /Ahlquist, S /Anderson to close the hearing. Motion carried. M /Ahlquist, S /Anderson to recommend to the City Council granting of the variance. } F -5- Motion carried 8 -0. 10:10 p.m. - The Commission recessed for 10 minutes.. :, 4` ITEM #4, Report From the Residential Zoning Sub-Committee The Planning Commission continued their discussion of the Residential .Zoning Sub- Committee's proposal for changes in the zoning ordinance. The Planning Commission decided to start the regular October 25th meeting at 6:00 p.m. to allow adequate time for continuing the Residential Zoning item. a ,M /Anderson, S /Ertman to adjourn. Motion carried. ADJOURNMENT: 11 :25 p.m. l J an Helmberger, Secre ry Rf/chfield Planning Commission I M N d' LO LO Cnow ■ O M LM O CL O t0 ATTACHMENT 16 September 23, 1977 Dear Residents: I would like to take this opportunity to invite you to a meeting of the Planning Commission of Richfield in the Council Chambers of the City Hall, 6700 Portland Avenue South on Tuesday, September 27, 1977 at 7:30 PM. At this meeting the Planning Commission will hear a request for a zoning district change from Commercial to Planned Commercial at the Hub Shopping Center and Penny's Super- market. You are encouraged to appear at this meeting and give testimony relative to the application for a zoning dis- trict change. Respectfully, Richard C. 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T A i'• -1 q _ +r 6409 PILLSBURY AVE SO RICHFIELD MN 55423 LhV 30,120 y;.H.,,: TAX 711.81 A Sag} 10,090 r O i 897 n r,: f- I D 897 101 42460954300 4300 C MW I A f, .: M •!• I ) V 4•r i 1 M W .A } r 1•» 1 11 ,,tea $f? %atj ?!« `.t.t��lfr 6 0 95 4400 Cl Y MWNr r J I 1.I :N 1r 1 tL,i r I.:TA1... t� AX t 4I I� ?00 110 t 9t'3z, , {,�, 1,7%, F N 1 L. l...1 ,:Jt14 It ! I4 }s �e .., ...» 6400 1-3 l. «A:1 IS'1jL..1...1... AV1:.. h,k / i 5 j f' r l :} It } 7 j 1 .: ! 4 } '16 l (.*) � 7� �' 3�• :. ! 1 i � j �. "':"S , t - lJ .f) 0 _. p WM Ii kl Y JR I T rn {I . A r- yI li !�o W .j I:. it I CJ` ! ^. } J , : {I.n It I J.- AVE 'oi iifv �y t e r. 2; ' •�° AWL -t "f Y.t.l t•i ( t t r } r'19 { }tr 449 r5D f, A`rI...F Rt••tr,tOt.D t.: 1.J1••I._f:i_I.I..I � } 641 4 A: {I...i•'iS:E)I:::I... L.. t•iV .� 14tJ 38, 720 )tH )i• ..I.t:.li, `) , },:! ?!..'• ., a ,312 r '• A S r.3 AI .. 1 ,3 , 5 ,J l � •T• C:t ..( i , � +•} t ?+ �.. .. \•} a.: kYF� r n C1WNER E ::X }Ltl� J (: iiP:l._;ii:Jf'd 1: ;_'TAI _. r(�:�:I°'(�'ir::r't F.I }Idlti,C) ,.J C':ti;L..::itai! �. SIR C;:l:TZ '73 t S 42 {:? B1...Al' :C }1 : ::1._1 AV1 : :: -ASST} 4 i , } }1 3 i.C) T :306 ...,::l '10 1 42 60905480C) ,,, : >.•, PARCEL_ NOT tai`,! 1=•:I:I...I 42 46090 54(80 w:. 46091:5 4t (),. i.: "pWhtl R l 1.1 AYI FL L_ J S F,1 U13E1; 428 BLA , h�t�i y a,�,4�k•. -hrt �� a g 214 TOT 826.40 SAO 4i : h w0 F1 JI gWN1 1`, ,J I I CHRISTIAN E1 t ^•r1... AR Q:`JAMES H CHRISTIAN 6429 WENTWORTH AVE S MPLS MINN 55423 t 32,430 r' 806.69 to 01 M 36,000 *S* SPEC 152.ii �3 S D _ 022 1t "T uUxi , 421S 9.'a'.i p1q «� ,C)tit4lF ii ROBERT 1'T" J 1.11.1 T:t,H 1°T'Al._ N ER ...05111066 - < ,4421 WEiiiT'WOF T'H AVE:: " PTr`tNEr•Fb'tJi...IS MINN 55423 y�t+i• J Riji_ o^4t pdU PAID 515 i WHN"j"wlbf 2460955100 r, x � ' r 5100 c ti h (1 ,.! f : MOODY E:: "t'r "I l._ MOODY JAMES C 6415 WENTWORTH AV 9 RICHFIELD MN 55423 � x 34,600 *H* TAX 895.81 38,400 *S* SPEC MIN 11,S90 TOT Wan �,.. „..v ” 8,.`3 i5f 42460955200 42 46095 5200 (: 110-TAXPAYER- r_C ER I : E'M';L 1:; i &�VJR CITZ 74 6409 WENTWORTH AVE SO Nov MPLS MINN 55423 34,710 *H* TAX 902.80 EMY 3S,500 r' r *:: * SPEC ; 0 ASSD 11,95a TOT 923.513 PAID 461.79 1� 101 42460755300 ' C1W1•!E fi WILLIAM J BUTTE DAL AL E::T'r,l... TART f�YER 9900721 {)(j251 099 dYjQ1 WENTladOl', T H AV `? .a ",•:,;..,�..t�.... ^�' �` . I.. ]•Y "1..11...1.:2._1 Y\ a.ex, ,.. w. .a n —v n,v '^e`aar,.?: >, , y L !l ,Y?� }1k TAX :643.22 My " 7; r.d k IE M V 31,600 11 S }': SPEC C - 166.64 PAID 404.93 1 ;42460 955900 Abogs— 5900 c, PWNEIR 'V� MARGARET HAMMER MPLS MINN 55423 4 k L.M V 32,670 *H* TAX • 1 t EMV f 11,11s TOT 816.54 PAID 408.27 1;x)1 42460956000 n sum l`CIUJilER T'hitlaStS`.:' 1'' C,(.lf:P`lAN 1. AI... F'r'YER 14930-9 THCl�tlt ^l� "•,' P ((l>•tf:> r lyl��?C cif: R �l N ' ) 6421 1: 1:..,••1.1.,.:111...!...1... AVE 90 fr{ R: EC;HF:E1:::1...11 MN 55423 w , L i~i V { r , ,1 ,1 *H§ r;a., 697.02 us e ;� .•i i V 3) , '00 *S* SPEC 0 .. !3 .:} PAID • 11095 — 6100 C ' ,,15 C7LJN1 I' JORGE •r•A'fi"iEil• O E::.i.i`! ft�X fly(}: R 06098610 200 h JORGE r f I r 111•':1'•:(.1 �. " ,... �415 I_ r 1 ; 1L_L AVE So MINNEAPOLIS MINN :5y n .ON l'rk 35,210 *H* TAX 920.87 V 39_A00 fe,..•p: wtP1 "(: 157.45 DY PAID 539. 1 101 42460956200 Not 7r y d �i 'TAXPAYER ::';'';? 1 s:3 .:.;;.f} 640 AISDELL AVE ;4fy t ... t . :, 4'. 4 TYR' Ec: itii V 31,100 * ;:' * SPEC 173.0? AgSD 9,278 TOT 800. 0) t 101 42460956300 42 - �i!s'�s "> .._ js;:i41';1 OWNER DOUGLAS 11 I...(11?ll:t{i. 1.L; a L1:I:F1 DOUGLAS & JANET LUNDBERG ' 6401 BLAISDELL.AVE S I ` `L.MU > .'., 91 11 •T PAX ,:1;: ?.t` ., 4,} ` .1. ("f n {.} '7 x 345 C t , (]1 4r"1�` 1)f' N 1 1... 1 •T•I IC)m r , lf� I } # � ,Tt )cl r1Yl_Fi I)r1t(.}.1.I 3i iv, r: 1, M, I' .51.,,r�t C)F,1 ::, I n t CV! ( I•• 1.1 ,.-1 % s`1 U 26), 1310 h 1. -I }e TAAK 5 4 , mv r } 7' ,.J f �' CltJJ3iLr� L A RR Y 1 UT•E {_ y (a X i I �r 1 rti ,:> S ,.J 3'• j s r g E. UT E_C1 -1 6426 1 ST AV E' M1•'1 S MT Ned fry %j 42 _, TAX '.. }t' Ir: STD 8, 698 C A 3 a ' 2 cl 1�.1: � (• � ( ::t .i. n) .. {:. w�. 1 r)1 42 �c' 3:it �: ?t)i)ii k "r f'ARCr1; (, NOT ON F•:r,1._E i4fUN 1. C/ 46830 6000 F'ARCE1.; I'd0T' ON 1: 7:L_I :` ���r2) 468-30 9000 ° i"It.11�lJ.C" /1'1._��•T /1••'r•1F {til ::.I._ z ' CiGJI`lC ::F 1:1 C) E 1 : ::FI T• 1 -1 TA ) F'fiY(c:1: ((:'tCaF 1=; T' ( °i C.:(il..Ii° AC.,I- I1:: :FZ Iwi I °' L_ 4 i''S .I: !`•? I'd �:; !. •.;� ::: 1_ P4 V 1 1(3 , 000 >i ,:.t 1..i � i A %/ , ( :3 .<:} ('? ., ::11 � —AS SD fir'; r'O':) 'T'f_1'i' ".'r , 13 .<:; .,';:}I) 0wN1 :1: E:: :t:; ,31 : :: T •T A`{ 1'(11 1 R 1:, D ir:j! 1' 1 4 23 r f, {) t) t} }k E F FE t.r 112.77 4" .» ,-1482"1 •} r, y Cl t bwm It t 1 ►: tit t f t:�E I...E. ; E ; ' l.. PENNY ttN .t`t. ►i«'I -! e'}' 9 0 l°' .1 ( 1... S 13 d t E ,` f1 l' E.: t t:1 `'� � �,'�'7'•' }« r �� I�iF'I....S i'i.E.�lrt 'r�.;�'�r.._',� i y, tt), r�r }I� aeN117t •T„ < ,, } f r �D l � {jet' .. :` j { t- V .. i.7 l 0 , D �.� i� � }I i 1i' . I I::- � r 7 2 4': . h r i ( . y 1 ov c y r P :7 14, 1 x)020 �'` 1 .',.C1} 1 �a:.7.: xt.7 y� 9 6000 Cl C)L1ttL ii 1 .IRS' ! E =1i :f,�,1 �: E. «t ?f'li`t 171R'� 11? ,'i1 i: it�I4 (N 09113 u,r « y � } ? •'510 Nir 'TAX 1 f 42A D i l a ; ... 4 1 . , } :) O.T. . :: 4 2 iy ,} 2 .•k• 26 4i Q) 424539179000 45390) 9000 C �' z IFCILJitI fi I :I:F , -F F °I:::1:} ;iflV ;t E...t:lfiN r x @? xF,O,Yi. R I'.1:I F'E: 1) `i'.,' i ?s 1...f:liiT'! �y 7 #:i . -t / 'pov- ' _u •i •1` a � !!.� i ! 1` E } e: 1. a Y _ ... 1 zhy�, MF'1....�' M.E.t -.1 .:1.5 (v.:.. I. M v' 'x 'J71 i ;.ta :.y r ,., . ,...... 00 y�Tr� fi h v �- '�a .•`;, ask'"+ �T("�':n -rte F.,..=� aD•* -:. ... _ - - Y . U TH#•' D'I S# # ^.A C01)1. :: { VIAVE t, : —, .K 4 R:s �13 NOT tit ^!I_ # 40-1­4 4609'.52910 /- - �OWNER I1,A Y M0N,1) E t: 1 t t, !a & W 1, F, E. ' •, ;e I ff.- AX# }FYI R FMYMOND f 13 F.. 1 Jr1E z e i ��t !! S �: e "i 7!' # t i .. , � l' t J '# . j tJt i }'.) l i Jt } 11 •� # (, t t. ., �:j .: i IYI W ''rf t'1 iwiA) }5C! tYlv�iv} �1 T. 1 iY , Ala 4Y #:if'� i 43 `.j ... !.. % { �� Tt1 # >' `fI �� Ew #._ # tON INVESTMENT '1.1.' IiEii 11 I::. I VE* �. �.i i.{ � I T C III !! �I � I #. f 1 N1 •• !:: %'� 1 s: 0 121 Z , r,} r} I) 11'J!• TAX , '' , 1J 1 ` .. •f i :i C. 1 I } T dJ r 4 9 , 0. .j ! t.J s (Y -is r a, ,r V n , C)W1'1#.Fi t.(ii•11ft1i:f.:t)t:i #::: t `} #::'i`ii''T'P'9 # : ::!''!'T';:' :._ A)(1't'1`t'E:14,' t:E IP't� ;i:: #: :. ?.;.r. t') 1:­ 1) to 1: 14 t:1 C) P P R.!' :: H 125 ..i , '.} i] f) �� I``! I"I'�!' ((••I it. =.J .. r •x' C: i''i tJ 1 r? , 000 0 of ,`.i .!: ' 1::' 1: t:; ? ::? r ;_ ,_ 10 1 <24 09527 VPV� wj r 2 r•L'• Ari5 �41r rj I..� • f:f i) t Cl #:z I:" �i #':f.:1.'T'x "i It`!ttir ,.1I:: 1... T'tr'il... 408 F111 �e .r Y r r r 9'5.C_ 2 } 4 r ' ;. .... ............. .. �., Tf•�i { #'ti`trl:. #'l 1.1 i r' {')'.)'1 `ft`':)`1 ;, 1 #.:. 34,960 FI TA "A MV, 910.159 ` EMV :3t3, Soo F, E C 210 1 r TOT 1 12i34 a4 ea. �'qry! {LY x bj� .,1 01 '? 2 A i e� 0 w 11 ».1 X} t::t i t .I: x} .�! . f:i l !.:: i "! ! I ;: ! !::: ♦ (thl t^t`t'E li '" {)-1 6" ;� }�)0-,.) 0 0 r�.T; q ,�+li y GRAND l'»+'�YRAND AV t, l l :f i ! 31 , 400 i,: r.:.i .:!"` i ::: f:; 0 ,11.7 T'f:i T +: y 1.0I 'fir er" i 2t'f)900 k fY art r , (.} x fiiJ i~i l I'4 .. (11 ir11... V 1. !`•! w .1. !...!... t• I I''' 3 ti! . f, TT— A !'AYI...R G r "tN1) 1 .-1 F'F;f:)1::'1:::1't'T':!:1::: : ,� �� ,• l 1 °'t::t1.11... , 11.i`•• :t. ..;..: i 'i :5 :1...1�: % - - {7 i:t l >r 4'� 1:� 'P; f•, FIX :v; (i °lit. '�•', , 'Cr i i :. ti:7 D - E -1"'! V 9 0, 0 f*) 0 ac' ,; :b. s F' 1:: 3 ,, :! �.''; (1:,`.sX) .i,s, £:3i.tt) tt.l'T' ,�,.:>'::' > } * { iA 1 42 45 (2rJ 08'00 f., 3 >{ r Vl i'! E, ! ; 1:» S3 •T FI 1::. I'. {'! 1': 7. > f.: { "11'1.1.1._ 1...1::.1', TAKI°'AY1 1 1-,:•! 1°l E, F, F, I., IS f: ! °ll.411...1.»E ::l 7 1'l f.7.T.�. 13 u l.;:i:Y 11...1::.;t,:;t'!1''I1 ri,•I::. t t �� � 1': 1.t:h'I1 °.1..::.1...} r�1.t'' {f'? ..i.i'•it;r,.7 aI+ t !Y :•7 , I:7 i'J 1, J 21 r 90 101 tr 13'.),- !.: ... i.. ...1 1 ., 0 � 3 t l i ; 1 9 i i t ._r.. r.. r..r ...0 f t�b1N1:: :Ei 1. »E "l;to`i' ,.1 I •AX 'AY1 : .. r ,•r t1... i:7 •tr e. ':i ' r... I:'. i•'1 ,. Fi i`ti , 1 :• : :. m F, L. 1"'1.1... N, ...,.7 x P x 1_.i:lV , 3, Y:() DD e CJ KM fi �I ON"44 16095,— 2700 Cl a3 ° CIWNER A N (.:(:1'i lS r r'ti•.I,.r I,.. i','7i._ 00,370 *H* TAX {X 7 2ty 0 10,190 .. OT 950.34 r+ PAID 475.17 2800 C 6428 PILLSBURY AVE MPLS MINN 55423 r K �Kr o,._ ?3Gj610 *H* TAX 731.94 000 *S* SPEC 52.26 ;-16,294 TOT PAID 392. 16) ff�RMW V hi 424 06095 3400 C.' wpm. t - •t t J AXi`',AQ TORALPH :( :E: {:JR.I. a:7 1*H* TAX 78164 10,77S TOT 781.64 PAID __ 3500 C �a WIM 7nAMTER K WESLEY Y t^,i`•It)i:::R,`.'t:tN 6408 WENTWORTH AVE 9 MPLS MN 55423 Mv 34,240 *H* TAX 881.02 EMV 38,000 *S* SPEC i92.72 •r'f, 7, A 3 S D - i i , i 4 t`7 TOT 1 , i7 i 3 ., ,' 4 PAID 536. 8­7 101 22460953600 42 46095 3600 C, bWi`'lER C)f'IP•'•I:I:EL_ ,J I- IL..PE f:;K ti WIFE r x 6414 1, .. N... CST AVE <" 11 ffffff: call v; RICHFIELD MN 55423 Lt4v 31,330 *H* TAX 761.5i EMV 34,800 *S* SPEC 174. ASSD 10,502 TOT 935.66 PAID 935.66 101 42460953700 d "� s t7GJi4IE r i. L S L1:::�;f:::{t,> E:: °t'r "�1... . WENTWORTH AV, d k rkt ��- i�'+er.`'�iAvt..rz..>a rant �..rs- .,,Mr -, i x av ,•,... _ .. 9,654 TO 666.24 _ PAID 666.24 • 1 ��7 w CT')` 5 3000 t 41�ir�c I•t ! 1 MC KISSON i» r Ai:.: '428 WENTWORTH AVE MPLS MINN 55423 .. Y .., , ...y °t} k 'ltit' 550 7{)00 ON 90 {1«R 1. .i 1 % 1...1...1... 1... Ti°(1... I' 6 l.. i t i { r I{ #.itjir{ TALLE iT 6615 GRAND AVE SO MI: :'1...S {x.1 NN 55423 �x V 2 9j t 6t; *H* TAX 672.39 32,300 *S* SPEC 19063 i, VP N PAID :455507- 3200 t F v , !:,'D r.,..;.. .`sy +�r. tit {t {!� 1 !i•ti�.Yi'•'� "jg 7t rx TA PAY ER to I..: L. t ROM Awl 6617 HUMBOLDT AVE SO fl a, : ��s ,, 1,029.20 ASSD 9,4S1 TOT PAID 514. 6 JO 1,12455500400 OWNER FLORENCE E::rdt.E i'lE::L..,='tar j TAXPAYER FLORENCE NELSON "NQ SR CITZ 73 301 W 66TH S-lf- RICHFIELD MN 55423 r K ASSD 0 Imo» S 404.52 PAID } OWNER ROGER E YOST WIFE TAXPAYER Q 3 2369 ROGER E YON 6614 PLEASANT AVE SO RICHFIELD .I.EI.:.D MINN 5 5 4 2, 1 ANN .' �•;YY.T ".� .. f yr) "�• {'i "� AM :4A _ 64 yr' �xw.- i4�'R`'•ti7' t• 1 t.. 0 0 tie � •'. Yrs)_5 �.i tj 5 'f ti�t�i ...tJ�. >1.J:� 7 f C F VAN 3f:30 6621 G F ?i "!I•... A I : :. f w ual irk � e t, I . MV 30, , •j 55 1 2e a, Lr C,W�1'.1't f 1I`'{ !r:? jN 1i::.1...,:: t.3aq i 'k p :•: ••: 5 1 ,. :,� { 1.. t::, p,I A G5 ..5.:...! r I._!::.i t,.: }::1:`; T AVE .: fJ ;r 5 i "..1. Cl I"i I" .I. E. I....tJ a'1 .1. i' 11'•'. ! ::':j 4x" w, - E 1_}',tV 25, 300 , ri 7 ti1,1 ^ ?,.:�`4 }.J �J �.) 02800 } •, 42 4 :, 1:••55, , ,• • C) W N E F,' is "'T'r'tl... 1'F�:C1 °'AYE::1 MrlF:':' ,.!far'!i`! r 1 {' I ..,11" ...... ...... f-1SS1) 10 2 ,:••1:51::• 2 ::.,� -�:•.: his» 4 ..7..J »7';� TXL.,....:: l' r...,,; r ATTACHMENT 17 BILL 1977 -24 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, Sub- division 2 of such code is hereby amended in the following respects: 1. Appendix C, Section 3 is amended by amending paragraph (42) to read as follows: "(42) The area lying between the center lines of the Minne- apolis, Northfield and Southern Railway right -of -way and Nicollet Avenue and between the center line of 66th Street and the south line of Nicollet Homes 2nd Addition Except that part of the above described property described as follows: Beginning at the Southeast corner of the Northwest Quarter of Section 27, Township 23, Ran.e 24, then North along the center line of "said Section 27, a distance of 6S5.9 feet to an extension of the south line of Tract C Registered Land Survey Number 692' . then westorly aloe- th(2 extension of the south line of said Tract C 50 f00t to t110 s0ut1l0ast corner of said Tract C. t11011 «•(r,-tt rly 148 foot along tho south line '1'1•:1t;t c' UO tht' st111tl. west erly Tract 13 5111'1.1": N11111U1'1' 692 tlien !lt)rt l a !)Ol Ilt ltl Chc' ,a rE u V 19, t Z,r t' A ry I u x�' F� (,h .h d I.. ' r -2- line of Block 1, Richfield Plaza Addition 48 feet south of the southeast corner of Lot 5, Block 7, N'collet Homes Second Addition, as measured at .!r'ght angles to the south line of Nicollet Homes Second Addit'',ion;.then westerly 321.19 feet parallel to the north line of Block 1, Richfield-Plaza, then ,southwesterly 181.21 feet along a tangential curve. concave to the southeast, radius 230 feet central angle 45 degrees, 08 minutes, 32 seconds, then southwesterly 47.92 feet tangent to said curve, then southwesterly 180.64 feet along a tangential curve concave to the northwest,'radius 230 feet, Central angle 45 degrees, then westerly 244 feet to the east right -of -way line of the -Minneapolis, Northfield, and Southern Railroad, then south along said railroad right -of -way line 474.14 feet more or less, then east and at right angles to the railroad ri ht -of -way A7.9 feet, then south and at right angles to the north right- of -crav line of 66th Street 33 feet, then east and narallel to the north ri;ght- of wav line of 66th Street a distance of 221.1 feet to the west li 10 Of P1llsLibry Ax'etllI , then solith 150 feet to the center line of vest 66th Street. then oastcrLv 1.020.4 toot to th inni, �, 3 kpp ndix C, Section '7 is amended by adding a new Para - .ch will ron6 'q e Fn I nwc r ;Y� said Tract C, then westerly .148 feet along the south " c line of said Tract C to the southtwes.t.exly corner of x Y "Tract B Remistered Land Survev Number 692 then north 154.13 feet then westerly to a point on the easterly line of Block 1, Richfield Plaza Addition 48 feet r south of the southeast corner of Lot 5, Block 7, Br {r? Nicollet Homes Second Addition, as measured at right angles to the south line of Nicollet Homes Second Addition; then westerly 321.19 feet parallel to the north line of Block 1, Richfield Plaza, then k F -� southwesterly- 181.21 feet along a tangential curve, concave to the southeast, radius 230 feet central angle 45 degrees, OS minutes, 32 seconds, then rte, t southwesterly 47.92 feet tangent to said curve, then southwesterly 1S0.64 feet along a tan -enti, curve concave to the northwest, radius 230 feet, central angle 45 degrees, then westerly 244 feet to the east right -of -way line of the Minneanolis. Northfield, and Southern Railroad, then south ,long said railroad right- of -aay line 47 -1.14 feet more or less, then e.zst and ,. right angles to the railroad right -of -way 47,9 feet. then south and at right angles to the north right- of -wav line of 66th Street OM -J Beginning at the Southeast corner of the,Northwest Qi�a.rter of Seq.t;i.pn 27, . Township 28, Ran' e 24, then North along the center line of said Section 27, a distance of 685.9 feet to an extension of the south line of Tract C Registered Land Survev Number 692, then westerly along the extension of the south line of said Tract C 50 feet to the southeast corner of ;Y� said Tract C, then westerly .148 feet along the south " c line of said Tract C to the southtwes.t.exly corner of x Y "Tract B Remistered Land Survev Number 692 then north 154.13 feet then westerly to a point on the easterly line of Block 1, Richfield Plaza Addition 48 feet r south of the southeast corner of Lot 5, Block 7, Br {r? Nicollet Homes Second Addition, as measured at right angles to the south line of Nicollet Homes Second Addition; then westerly 321.19 feet parallel to the north line of Block 1, Richfield Plaza, then k F -� southwesterly- 181.21 feet along a tangential curve, concave to the southeast, radius 230 feet central angle 45 degrees, OS minutes, 32 seconds, then rte, t southwesterly 47.92 feet tangent to said curve, then southwesterly 1S0.64 feet along a tan -enti, curve concave to the northwest, radius 230 feet, central angle 45 degrees, then westerly 244 feet to the east right -of -way line of the Minneanolis. Northfield, and Southern Railroad, then south ,long said railroad right- of -aay line 47 -1.14 feet more or less, then e.zst and ,. right angles to the railroad right -of -way 47,9 feet. then south and at right angles to the north right- of -wav line of 66th Street OM -J • J. Zt 33 feet, then east and parallel to the north right - of wav line of 66th Street a distance of 221.1 feet !( to the west line of Pillsubry Avenue, 'then south 15 feet to the center line of C+est 66th Street, fC�.# th' n easterly 1,029.4 feet to the point of be,inni ng. " �y' y Pr posed by the City Council of the City of Richfield, 1liinneso a this 14 day of August 1978. All per - n w -sons in erested for or against this proposed ordinance amend- ment ar notified to be present August 28 1978 and they F`FI will be heard.. THOMAS J. MORAN 4 City Clerk PUBLISH August 16, 1978 .w b q JA, ,. 1 t • r • • des :lc:03:191 -03 ATTACHMENT 18 Date(!: J.° 1973 PL UwT.T DEVf:I,()P' °L''1`' CIiI�D;JLE RICIiFI}'LD IiUD This schedule is part of the "PUD Plait" suhraitteci to tl-le city -of Richfield by the undo, i_crncct owners of the p.-oh rt.ie corlhrisinr thY proposed Richfield. Ifub !'cdevelopment Urea, Uni_tt�d National corporation ( "United ") , Penny's Super ilarket, Inc. ( "Penny ") , and Summit Statr� Bank and Deil 0 Gustafson ( "Suirumit ") , in corinection with their application for final approval of rezoning the R,2dcvelopmccnc A.rca to Zone PC -2. "Plan (s) " and "DraL•iinq (s) " as used herein refer to tile Final Development Plan Drawings co�lsisti_nq of the follo;e ing seven sheets prepared by Smiley Gloater Associates, dated Decei:).ier 12, 1373; submitted herewith and inccrporate(; herein: (See Exhibit A for tabular.- list). "Site Improvements" refers to exLerior.Vconstruction such as Paving, striping, curbs, walks, exterior lighting, exterior signage, landscaping, drainage, utilities and the like and does not inclu•�e construction or remo:lelling of the buildings or additions to V buildings. "Construction" means to initiate construction and to Prosecute the same expeditiously and diligently to'completion, it being agreed that both the initiation and prose - cution are sul,j c ct to postponement by periods of ti;l� ecrual to any delays occasioned by weather and force majeure. The term "Phase (s) " is used to identify the various building construction projects ivliich are proposed and t'e Site Improvement 4JO1k tO i:)- performed in conne-ction �71.th each projcect; the order in Which the project,-- and their associatod Site Irlr,rovcM.cnt may be undertaken is to rer:.tain entirely within thy' discretion of the respective property oC•;ners, subject to the p- ovisions hereunder. the obligations of the undersigned to perform Site Ilaproveiil ^izt wor }: on their respective properties are expressly conditional upon the Cite of Richfield rezoning said properties to Zone PC -2 and approval of -tile PUD Plan. within 90 days from the date of application therefor, and relocation and completed construction by tine City of Richfield of new 65th Street as shown on the Final Development Plan Drawings. The undersigned make no cor,-miitments to construct buildings or additions to buildings, the respective property owners' decision in regard thereto being subject to economic feasibility; ho,:-ever, each of -the undersigned shall in fact construct any buildings or additions to buildings authorized under The final Development Plan for t -7hich the City of Richfield issues a Building Permit pursuant to an application for said permit by said undersigned. Any of the undersigned may elect to perform Site Improvement work on its property prior to the times set out for same in this Schedule. Within one year after the City of Richfield has issued a Special Use Permit or Building Permit, �.;nichevcr is is -sued last, as the case :r.ay be, for the Site Improvement work: on the property owned by Gustafson , together With the Westerly drive,•;ay (including curbs, planting areas and other related amenities) from Gustafson's property to West 65th Street, all as shown on Site Plan Drawing ;:l entitled "Phase 1" Gustafson will construct the Site Improvements and driveway. PHASE 1 Within one year after_ the City of Richfield has issued a Special Use Permit or L•u.ilding Permit, whichever is issued last, as tile- case may be, to United covering construction of the Proposed I:estaurant identified on Site Plan Dra,ring ; 1, United will construct the Site Improvements on its p.roper-ty desi_gnated on Site Plan Drawing 'l as "Phase 1 Site Improvements." Phase 2 Penny and United will jointly peti.ti on the c'.ity of I:ich.field to vacate Pillsbury Avenue from 65th Street to G6th Street and (b) convey. by deeds to Penny and United, without con ,.iderati.on, that portion of the vacated right-of-,,,,,a,,, zil)utti_ng their re�:pective properties and C�:tCi:dl_nC� tO tile' centc'rlirit' of Pillsbury Ave,,, IeI ( ) Juch vacating and onveying r tall )):?cor:ie Lffectivo upon the City of Rich- field field havinc; slued, pursuant to application — to he made: by Penny anc,1/ or United, a Spociai Use Permit covering, as set our bolo;,, Propose:? North Mditio;_, or (2) the Proposed , "arket T:dditio.�i, or (_,) the Proposed Financial Ir.stitutian /O:Efice Puiluincx, as the sarie dire identified on J 12 � + 1 ", or at such earlier_ date Drawing cn�it .ec� "Phase ?_ as Penny and United may jointly request. Within one year after (i) Pillsbury Avenue has been vacated and the right -of -way conveyed to Penny and United as set out above, and (ii) the City of Richfield has issued a Puilding Permit to (a) Penny, covering either the Proposed *larch - 0dition or Propose-d ''?ar;cet Addi- tion, or (b) nited, covering the Proposed financial Institution/ Office Building, as the same are identified on Site Plan Drawing {2, Penny and Uni ed.� -7ill each construct on its respective property the Site Improvements designated on Site Plan Drawing 2 as "Phase 2 Site Improvements.,, PHASE 3 United will construct on its. property the Site Improvements sho,,,n on Site Plan Draping 43 entitled °'Phase 3" within one year after the City of Richfield has issued to United a Building Permit covering construction of the Proposed Addition "'A" and/or Addition ".Pi" as identified on the said Site Plan Drawi.na "3. Each of the undersigned execute this Planned Unit. Development Schedule with respect only to worh to be performed on its ol•;n property, except that Gustafson agrees that its work shall include the, westerly driveway from its property to West 65th Street as set out hereinabove. Any and all requirements imposed by the City, including but not limited to Site Improvements and building construction, shall apply individually only to the owner of the property upon which the requirements area imposed; such requirements shall be limited to those inprovercents and buildings prop sed by the individual property o��Mer. Defaults by an individual pro erty owner in the performance of the Final Development Plan approved by the City of Richfield, the Planned Unit Development. Schedule and a y other requirements imposed by the City in conn-ection with the Plann d unit Development shall not be considered defaults by the other prop rty owners and shall not adversely affect the rights of said other pro erty owners to proceed pursuant to the Final Development Plan and the P anned Unit Development Schedule. Respectfully submitted by: PEN1,1y' S SUPER MARKET, INC. By: Its — SUMMIT' STATE BAN?: By: Its Pres!i IenL- DFif lr.dividuaily UNITFD HTATIOlJAL COPUP07 71TIOil By: Its l�xecucive Vice- Presi�:ent 2 .. f The City of Richfield herchy approvc3 the terms o this Planned Unit Development Schedule., CI ^Y OF RICHFIELD F3 y : IIts Playor By: Its 1,1a n, By: Its Clerk_ EXIII.EIT "A" A. Seven sheets of Dra,?ings p_repa-ret-1 by Smiley Glotter Associates, dated December 12, 1978 and ontit lcd: 'l "Site t' . . . . Mar, - Phase .l 1-2 . . . "Site Plan - I hose 2" ;r3 . . . . "Site Plan - Phase 3" ltA t �" ,45 . . . . "South El.eval: ions - Phase 3" 6 . . "North Elevation -- Plh :sc 2" 4'7 "Miscell<<neot15 I,levations - 1 "'Emse 3" 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 Minnesota 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 2, 1979. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1.. That application be made to the Minnesota Depart- ment of Public Safety for a bicycle safety program grant in the amount of $5,056 2'. That the City of Richfield shall provide office space, program management and supervision for the bicycle safety program; 3. 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 Depart- ment 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 26th day of December, 1978. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk 0 ' V4 ` CITY OF RICHFIELD.; MINNESOTA ." Office of City. Manager `"374 Council Letter: No. Agenda .December -26, 1978 The 'Honorable Mayor and Members-of the City.Council City of Richfield r. - Gentlemen �.r Subjects Agreement for - Technical Services at ` Water Treatment Plant F There is an item on' the December 26, 1978 ,city council. agenda concerning an agreement with the consulting firm of- Orr- Schelen- Mayeron & Associates, Inc.. for the purpose of preparing plans and , specifications for replacement of the carbon dbxde, unit and pump controls at the water treatment plant. The carbon dioxide unit uses natural gas in an, underwater >chamber to increase the acidic concentration "of,:the;city's. water. Adding carbon dioxide lowers the "pH" of the wa -ter and causes the alum to be more effective in the softening process.; The ex:xsting .. carbon dioxide unit is defective, energy inefficient and needs to be replaced. The consultant will be asked to 00 nsder use ''of liquid carbon dioxide which we believe may be a more cost- effective native to manufacturing CO at the plant. The agreement also provides for the preparation of plans and specifications for new pump controls.. - Replacement parts for existing controls have become scarce, and it isr difficult to en- -. sure.its continued operation without disruption, In. addition,' these pump controls are inefficient and result in unnecessary electrical energy charges. New pump controls will enable ;the city's six "wells ` to operate more efficiently and effectively. An agreement covering this work has been negotiated with Orr- Schelen- Mayeron & Associates, Inc. The services wduld be pro vided on an hourly rate, with the total cost nat to exceed $10,000." It is anticipated that the plans and specifications could be available for city council review in early 1979," which would make it possible for th e work to begin sometime e in early ; summer. The proposed 1979/84 Capital Improvement Program provides $100,000 in _ 1979, for this project financed by water user fees. F ` fu t T*TNTP. (z r).rr, a e ;prem ums would bb".: , evert `higher =. an ,presently ant' cipatE l he premiums whic.h..the city has paid for'wo kegs` cQmpens4 .r 9aVI experienced'fewer losses than:.the; average g oup of ,`employees ' statewide. Similarly, a modification :factor above 0` means that a work group has had,., more losses ':than .the average work. s group. Richfield`s experience modification factor in ,1 975 was 1.02.. In 1976, it rose-to 1.10 and. in 1977, to 1.39." The•most ' rec,ent modification factor is 1 .09; based 'on losses that occur red in 1974, 1975, and 1..976: The`experienc,,e modification:is always based on the loss experience of the three years prior %i to the two most recent years. This means tMiat for the three s years 1974, 1975, and 1976, . Richfield experienced more 'losses than the average.work group. Exhibit A is a graph showing number ofi claims and benefits": paid' in recent years.: Exhibit ,B is an itemized !listing of the ' information used to construct the graph. There are wide fluc tua.tions in. the data, but. it is significant= to note a decreas ing trend in both number of claims and benefitsipaid. The original 1978 premium for the city,'s workers' compen Baton insurance was calculated with an experience modification : . rating of 1.39. Since our experience: modification ` has decreas "ed' below'this.level the premium the `city will actually pay ,in .1978 could be slightly less,than the estimated $173,791, although changes, in payroll and the pending rate inczease are expected to more than off's.et any savings resulting from -a decrease in the experience modification factor. I In summary, while Richfield's ;experience modification is slightly above Lthe statewide average, it does appear to be headed downward. However, an escalator clause in the 'benefit portion of state legislation; which provides for a six 'percent per year increase in workers'' compensation fits, coupled with the.requested rate increases and the city's premium in- crease experiences, would indicate that, the.. workers' compensa- . tion premiums which the city would be :require to pay in fut ure years would be at least as high as those payable this year a y ! l u j N r •' i lr Council ;Letter Na 373 5, I�ece "tuber. 26, 1978, t ^f x n r } .Y 1' !x ' t a f •' Al 2 t <� Relationship of Premiums ;Paid,,to Claims 5 Despite the expanded ;benefits provided for ;emgloyees through :. nx revisions in state statutes and through the presumed.liabilty damages available. for public safety personnel, 'Richfield's workers' w compensation losses have.consistently, been `lower than the , premium k which the city has paid. Following is. a comparison of workers' .compensation losses and Premiums,,. F ` % of losses, Year. Losses Premium to premium 7 Y 1 973* $47,383" $ 53;621 88.4% t x 1974 41,834 53,823 7.7% 1975 11 -,348 694003 ;16.4% `x ,4 1976 10,016 108,726 9.2% ' 1977 26,217 130,228 20.1% ` 1978* - 11,058 173,791 6.4% N 4 (* through September 30, 1978) ' As the foregoing table illustrates, the city's workers' compensa:- tion insurance costs have increased dramatically over; the past " few years, although losses have remained relatively stable. The process of purchasing insurance coverage through'a private vendor provides- the city little or no opportunity to control insurance p remium costs. Furthermore, while costs. for all forms of insurance coverage have been increasing ragidly,'the number of, insurance carriers willing to provide'-municipal coverage. has declined sharply.. r These limitations on the marketplace provide even less flexibility to the city in: seeking cost advantages in our insurance coverages. For 1978, Richfield recived only one bid for com rehensive busines e s ;. insurance, and no bids on the open market for workers' compensation insurance. It was necessary for the state to include Richfield in its "assigned risk pool ", whereby our workers' compensation insurance coverage was assigned to a, specific insurance company: Each year more and more cities are obtaining workers' compensation insurance in this manner. Proposed Self- Insurance of Worker's compensation "Program Members..of the city.staff have spent considerable time explor- ing alternative ways to provide workers' compensation coverage for city 'employee The.objective of this study wasto find�a method Which would continue to provide the workers' compensation coverage mandated by state `statute.s in away, which would' llow neater on 11 g c 'increasing trol` over the. cost of this program. our objective h� T ti Council Letter No. 373 -7- December 26 1978 he Employee' Safety Committee and employee safety program. It Also.includes a responsibility of working with the insurance '� carrier in the processing; of claims and in handling any appeals that may be initiated through the `statutory appeal process.' The personnel director will continue to be responsible for administering workers' compensation under the self- insurance prop - osal. However, rather than working with an insurance - company to '`administer the program, the personnel director will work with an insurance broker with whom the city would have an- agreement to provide administrative services. In the alternative, it would'be possible for the'city'to provide these administrative services. However, -our study indicated that city provision, of these'servic,es would probably require the addition of at least'a part time high- ranking clerical person, which could be expected to cost the city in the area of $5,000 per year.'. We have been able to negotiate an agreement for`administratiVe services with Marsh & McLennan, Inc.,; an insurance broker with whom we have worked. in the .past,' and who provides administrative services for self-insurance `workers' '. compensation programs to a number of other employers, including Honeywell, Control Data and Hennepin County. The estimated annual fee.for this, service is $5,450. A copy of the proposal from Marsh & McLennan, Inc. to.provide this ser- vice is attached.hereto for your information. The 1978 workers' compensation insurance premium.for all city $173,791. A total of $170,246 has been a ro= purposes amount to pp priated in all funds for workers' compensation insurance premiums in 1979. It is proposed that this amount be transferred to the insurance fund in 1979. Moreover, it is proposed that this same amount be transferred to the insurance fund in each successive year, at least through 1983, for the purpose of establishing :a minimum balance in the fund. Investment earnings of 'the money in this fund will accrue to the fund and all costs associated with - workers' ,compensation will be paid from this fund. Exhibit C provides an illustration of anticipated workers' compensation costs and shows how the reserve fund may be expected to grow over .,the coming five year period. While the city would be self - insuring for practically all workers' compensation claims and losses, it is necessary to make provision for potential catastrophic losses. Provision must be made for such potential losses even though our experience in the past six years shows an annual average loss of only about $26,000 per year, and Richfield has never experienced a loss in excess -of $30,000 for a single incident. The excess insurance coverage which we are proposing to purchase would have a $500,000 deductible per occurrence, but would provide coverage up to a maximum of $5 million, dollars and perhaps $10 million, per occurrence. Any losses up to $500,000 or in excess of $5 million dollars (or $10 million) would have to be sustained by the city through the insur- ance reserve fund or through funds generated by the ad.valorem tax levy. The premium cost-for this excess coverage in 1979 will be approximately $35,000. e v 4 R, x ro w >1 v rn m a -P r to 0 —1 ri co O U ' coo M t� ri U dl -4 iv ro I � Ol r i 4—I RS Q H FC N A UUJ U f, / -H / U) H rn ro \ rn GA Q \ h � I � r-I � II I w z 5 I r cn 2 H � / H H c11 r lool r 1 cn � o O O O O O O O O l0 Ln M N rI O O O O cr M N r-1 WORKER'S COMPENSATION INSURANCE LOSSES Department No. of Claims Medical Paid 1974 Public Safety 35 $ 2,868 Public Works 15 12,774 Parks & Recreation 9 668 Other 5 116 Total 1974 64 $16,426 1975 Public Safety 26 Public Works 16 Parks & Recreation 5 Other 8 Total 1975 55 1976 Public Safety 11 Public Works 13 Park & Recreation 5 • Other 11 Total: 1976 40 1977 Public Safety 10 Public Works 6 Parks & Recreation 6 Other 6 Total 1977 28 1978 Public Safety 6 Public Works 13 Parks & Recreation 5 Other 5 Total 1978* 29 *1978 figures are only through 9/30/78 • $ 3,941 2,277 124 505 $ 6,847 $ 1,795 672 1,649 1,512 $ 5,628 $ 3,907 $ 529 $ 671 $ 448 $ 5,555 $ 1,158 1,972 285 1,013 $ 4,428 Lost Time Paid $ 6,200 18,695 513 0 $25,408 $ 1,761 1,951 0 789 $ 4,501 $ 2,862 513 1,013 0 $ 4,388 $19,380 $ 75 $ 877 $ 330 $20,662 $ 2,801 3,829 0 0 $ 6,630 EXHIBIT C ALTERNATIVE 1979 -83 FIVE YEAR BUDGET PROJECTIONS FOR WORKERS' COMPENSATION This exhibit shows estimated expenditures based'on certain assumptions for the purchase of insurance alternative and self- insurance alternative to provide workers compensation coverage to Richfield city employees: Purchase of Insurance Alternative Estimated City Year Premium Payment 1979 $199,841 1980 229,817 1981 264,290 1982 303,934 1983 349,524 Total Estimated Payment $1,347,406 Notes: 1._ Estimated premium payments reflect an assumption that premiums would increase by 15% per year. However, actual premium increases have occurred at an average annual rate of 37% since 1973 which may mean that premium payments could be higher than those estimated. Self- Insurance Alternative City Contrib. Estimated Fund Year to Ins. Fund Cost Balance 1979 $170,000 $ 90,500 $ 79,500 1980 170,000 96,025 153,475 1981 170,000 102,351 221,124 1982 170,000 109,597 281,527 1983 170,000 117,900 333,627 Total $850,000 $516,373 $333,627 Notes: 1 2 The city contribution to the insurance fund is in lieu of annual premium payments shown in the purchase of insurance alternative. The estimated cost column includes losses, administra- tion costs and premium payments for excess coverage. Losses are projected at $50,000 per year for each of the five years. Administrative costs are projected at $5,500 in 1979 with this amount increased by 5 percent for each subsequent year. The excess coverage premium is projected at $35,000 for 1979 and increased by 15% for each subsequent year. 3. The fund balance reflects the amount remaining in the insurance reserve fund after all costs are paid in each of the five years Comparison Based on the assumptions noted in this.exhibit the following conclusions can be made: 1 The city would spend $1,347,406 for Workers' Compensation insurance premiums for 1979 -83 in the purchase of insurance alternative. 2. The city could spend $850,000 for workers' compensation insurance purposes for 1979 -83 in the purchase of the self- insurance alternative: 3. The self- insurance alternative would permit the city to save $497,406 and at the same time create a $333,627 reserve fund during the 1979 -83 period. • RESOLUTION NO. RESOLUTION ESTABLISHING A TRUST AND AGENCY FUND FOR SELF - INSURANCE OF WORKER'S COMPENSATION AWARDS AND COSTS WHEREAS, the annual premiums for worker's compensation insurance have increased dramatically and have reached levels far exceeding the claims experience; and WHEREAS, Minn. Stat., Chapter 176 allows municipal corporations to self - insure worker's compensation payments without providing a bond or other surety; and WHEREAS, the City Charter provides for the establishment of Trust and Agency Funds for the care and disbursement of money received and held by the City as trustee or custodian or in the capacity of an agent; and WHEREAS, the City of Richfield, Minnesota, desires to self - insure against workers' compensation awards and maintain policies of insurance only for awards exceeding certain amounts; NOW, THEREFORE, be it resolved by the City Council of the City of Richfield, Minnesota, as follows: 1. That there be established a fund entitled "The Workers' Compensation Trust and Agency Self - Insurance Fund ". All awards of compensation, administrative costs, and legal fees related to workers' compensation will be paid from said fund. Payment of such awards, costs and legal fees from the fund will commence January 1, 1979. .2. The City Manager is authorized to administer the fund and to • delegate administrative functions to others of the City staff as he shall deem appropriate, and should he deem it appropriate, retain a professional workers! compensation administrator. The City Manager is further authorized to pay all awards of compensation, costs of administration and legal fees from the fund. 3. The City Manager is authorized to obtain policies of excess coverage insurance to protect against catastrophic losses. Passed by the City Council of the City of Richfield this day of 197 Loren L. Law Mayon ATTEST: Thomas J. Moran City Clerk l RESOLUTION NO. RESOLUTION DETERMINING 1979 CITY CONTRIBUTION TO WORKERS' COMPENSATION SELF - INSURANCE FUND WHEREAS, Resolution No. establishes a Workers' 'Compensation Trust and Agency Self- Insurance Fund and details the requirements for the City's administration of this program; and WHEREAS, the implementation of a self - insurance program for ?corkers' Compensation is effective beginning in 1979 and it is necessary to determine the City's contribution;` and WHEREAS, this is a new program and it has been determined fair and reasonable that the City's contribution for 1979 be comparable to the City's 1978 experience for Workers' Compensation Insurance deposited with an in- dependent carrier. r . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. That the City's contribution for 1979 to the Workers' Compensation _Trust and Agency Self- Insurance Fund shall be $170,246. 2. T at the 1979 contribution for Workers' Compensation Trust and gency Self- Insurance Fund shall be paid by the following funds in the following amounts: • General Fund $151,045 Central Garage and Equipment Fund 1,563 Data Processing Fund 152 Central Services 227 Liquor Fund 4,246 Water Utility Fund 5,892 Sewer Utility Fund 7,121 Total $170,246 3. That the City Manager and the Finance Director bring into effect the provisions of this resolution. Passed by the City Council of the City of Richfield, Minnesota, this 26th day of December, 1978. ATTEST: Thomas J. Moran City Clerk Loren L. Law Mayor PREPARED BY MARSH & McLENNAN, Incorporated MINNEAPOLIS — ST. PAUL ry _ Richard Thedens, Acct. Exec. Richard F. Rosacker., Asst. IT December 19, 1978 mars h& _a j PREPARED BY MARSH & McLENNAN, Incorporated MINNEAPOLIS — ST. PAUL ry _ Richard Thedens, Acct. Exec. Richard F. Rosacker., Asst. IT December 19, 1978 mars h& will maintain files in reported .....We set up and complete each claim at Marsh & McLennan's office in Minneapolis. .....We will coordinate with your management and develop.a panel of physicians and medical specialists for the treatment and i care of injured employees including the supervision and medical control of treatment to injured employees. - .....We will adjust and investigate, as our judgment indicates, all claims reported. .....We will audit, inspect and closely follow all medical expenses. .....We will compute and pay all disability benefits due injured employees and audit and pay all medical benefits from funds provided by the City of Richfield for these purposes. s ..We will monitor all losses for potential subrogation recovery and pursue those cases as deemed applicable. .....We will periodically review Loss Experience, Individual Losses, Reserves and Program Trends with designated City of Richfield personnel. .....We will arrange in your behalf subscriber services with the Index System if it is desired. The Self - Insurance Claims Management Services of Marsh & McLennan, Inc., Minneapolis, Minnesota is pleased to submit this proposal of self - insurance claims service to the City of Richfield, Richfield, Minnesota. Marsh & McLennan has well over forty years of experience in the administration and handling of workers' compensation self - insurance claims and we are becoming more involved in these services day by day. We provide a uniformly high quality of service, particularly in adjusting claims, in loss control and in data system services. The self- insurance services to be provided may be briefly described as follows: • .....We agreed to supervise and administer the self - insured program under the Workers' Compensation Laws in full compliance with all the rules and regulations governing the administration of self- insurance. .....We agree to accept or deny, in the client's name, all claims submitted on the basis of the laws, rules or regulations governing Workers' Compensation and Employers' Liability. .....We will prepare and file in the name of the City of Richfield all required forms, reports and other docu- ments as set forth under the Workers' Compensation Laws. 0 a .....We will provide regularly, as desired, (at least monthly for the first year) a computerized loss summary on all employee injury claims reflecting paid to date, future liabilities (net reserves) of compensation, medical and allocated claim expenses as well as total incurred loss statistics. .....We will prepare and file, annually, all reports required by the Industrial Commission and pay taxes to the State of Minnesota as required by law. .....We will furnish all necessary forms to efficiently operate the self- insured program. .....We will pay all claims from funds provided by the employer. These shall be disbursed from a special trust fund. Checks or Warrant Requests will be issued by Marsh & McLennan, Inc., with a monthly reconciliation provided. The amount of the fund will be established at a level mutually agreed with the client adequate to pay immediate medical claims with reimbursement on a demand basis. .... We will coordinate with and furnish to Excess insurance carrier(s) all reports they may require. i r Services such as legal fees, court costs, fees to physicians and surgeons, fees to undercover operatives, and other costs, normally considered as " allocated loss expense," are not included in the fee. Such costs are charged to the individual file and paid from the trust fund. In this instance it is assumed that the defense of any workers' compensation claim will be answered and defended by the City Attorneys Office. We propose to administer your Minnesota Workers' Compensation claims for estimated annual fee of $5,450. This estimated annual fee will include our investigation services. At the close of the annual period, there will be an adjustment in the estimated fee based upon the actual number of claims processed during the preceding twelve month period. The adjustment will • be based upon a rate of $160.00 for each "lost time" claim and $45.00 for each medical only claim and $160.00 for each claim investigated. Should a "lost time" claim remain in an active status beyond two years from the date of injury, an additional flat charge will be made at a rate not to exceed $20.00 per claim per year. Perhaps it would be of interest to the City of Richfield to know the names of some of our clients and we would welcome your inquiry concerning our services. We are the Claims Administrators for Honeywell, Iowa Beef, Control Data, Hennepin County, Olympia Brewing, Munsingwear, Toro, The Gillette Company and Graco. We also perform a claims administration function for American Hoist & Derrick, as well as the Farm Credit Banks. • Marsh & McLennan Self - Insured Services would appreciate the opportunity to become your Self - Insurance Claims Administrators We know and respect your ' account and we are prepared to offer our quality service to you. _r br 'CITY -C EI;D,'.MINNES OT' ITY-C ELD,.MINNESOTA Office.of. `Ct' M n y a alter f t r ouncitLetter.NQ.372 Agenda December `26, 197ttt8 �t ' v Honorable' Mayor .: and 1 ?y Members o.f the City Council ', f; i 3 �Cty of `Richfield� zr Gentlemen: Subject: Approval of Contract with Bloomington for Personal�Health Services , During. 1977 and 1978, Richfield has contracted with the City of ,Bloomington to provide personal health services to Richfield residents. This program was made pos,s ible by the �,M r Communit Health Services Act, which has Y provided a .subsidy to r �Ff Richfield during the last two years for the pup pose of 'supporting and expanding health programs and services. Tle,,1979 Richfield' Community Health Services Plan, approved by the city council ' in` ` 'August, 1978, provides for a continuation of tle personal health program through 1979. A copy of the contract with Bloomington for these health services is attached. This agreement is basically dentica "1 to the previous `contracts between the two cit'ies,.and provides that ` Richfield will pay Bloomington $81,800 in 1979 4to provide the program of health services described.in the contract. The,1979 y E city.budget appropriates $80,000_for purchase of these services. However, after the 197.9 `budget was adopted, ' we were ;notified that r our CHS subsidy will be higher than originally anticipated, and is proposed that a portion'of this additional CHS subsidy be" used to purchase the services from Bloomington.' The 1979 cost of $8T,800 ;for purchase of these services is aopro'ximately 8.2 per - Y �cent more than the 1978.contract amount of $75;554. It is recommended that the city council approve the 1979 ,< contract with the City of Bloomington for provsionof personal healt h services, and authorize the city manager and mayor to execute this contract. Respectfully subs tted, Wayne S. Burggra' f City Manager E b 1 a 7 r tWSB /eta JOINT POWERS AGREEMENT (Community Health Services) THIS AGREEfIENT, made and entered into this day of December i9781 by and between the CITY OF BLOOMINGTON, a Minnesota municipal corporation, in.the County of Hennepin, State of Minnesota ( "Bloomington "), and the Cif of Richfield , a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ( "Richfield ") WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accor- dance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides community health services, including, but not limited to home nursing, adult health, child services, information and education, school age services, health promotion counseling, community center services, prevention and control, and program administration; and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing community health services such as health education, communicable disease programs, nursing services, health assessment, counseling, teaching, and evaluation in the community, home, and clinic setting at a nominal fee to those making use of such services, and to contract with Bloomington for Bloomington, through its Division of Public Health, to provide such services to residents of Richfield ; and Page 2 a WHEREAS, the governing bodies of Bloomington and Richfield are authorized by Minnesota Statutes, Section 145.914, Subdivision 5, Section -145.917, Subdivision 3, and by Minnesota Statutes, Section 471.59, to provide community health services and to enter into agreements with each other for the providing by Bloomington of community health services to residents of Richfield NOW THEREFORE, the parties hereto, for and in consideration of the covenants hereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with the following community health services ( "Health Services "), as identified in the Bloomington Health Program budget: A. Home Nursing: This activity provides professional nursing care in the home under medical supervision for persons requiring personal care, treatment, teaching or supervision of medical - surgical conditions. B. Adult Services: This activity provides health supervision for adults in the areas of maternal health and family planning. Physical assessments, laboratory work, immuiogical update, teaching and referral are provided in all clinic settings. C. Child Services: This activity provides child health clinics for infants and children in the areas of well child, early and periodic screening, and nutrition services. r D. Information and Education: This activity provides for coordina- tion and delivery of health information and education to the general public and organized groups by the staff and other available resources. In addition, it includes current health information and validation -of health certificates for world travel. Page 3 E. School Age Services: This activity provides for coordination, consultation, and delivery of in- school services within school settings. F. Health Promotion Counseling: This activity provides pre - ventive and restorative health teaching and counseling to individuals on a one -to -one basis in all areas of physical and emotional health, including alcohol -drug related counseling. G. Community Center Services: This activity provides health services at the community centers through individual teaching and counseling, health supervision clinics, injection and treatments as prescribed by private physicians, and detection, prevention and control programs. H. Prevention and Control: This activity provides services for the prevention and control of communicable diseases and adult screening clinics for early identification and referral or chronic diseases. I. Program Administration: This activity reflects administrative support costs to all activities of the Division.of Public Health unidentified as to specific discipline. 2. The Health Services shall be provided and rendered hereunder to the residents of Richfield - in the same manner, to at least the same extent, and with at least the same quality and kind of personnel, equipment, end -facilities as the Health Services are provided and rendered to residents `of Bloomington, it being the intent and purpose of this Agreement to provide and render.the Health Services equally to residents of Bloomington and Richfield ;without discrimination in any way. 3. Bloomington shall provide the health services pursuant hereto on .a" confidential basis, using capable, trained professionals. 0 0 Page 4 4. All Health Services to;;be rende.r.e.d hereunder by Bloomington shall be rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloom - ington City Council, and in full compliance with all applicable state and federal laws, provided however, that (i) no such policy, rule, or procedure hereafter adopted_ by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity-of Health Services to be provided hereunder by Bloomington to residents of Richfield and (ii) all such policies, rules, and procedures shall be uniformly applied to all persons receiving Health Services from Bloomington, whether residents of Richfield • Bloomington, or any other municipality. Richfield agrees to adopt the same policies, rules, and procedures as are from time to time adopted by Bloomington, if determined by Richfield to be necessary or desirable to facilitate or regulate the provision.of Health Services by Bloomington to residents of Richfield pursuant hereto. 5. Richfield agrees to pay to Bloomington, for the provision of Health Services pursuant hereto, amounts and on terms as follows: A. The annual sum of $81,800 shall be paid in quarterly payments of '$20,450 to Bloomington within fifteen (15) days of the receipt by Richfield of each of the reports to be given pursuant to paragraph 5.B. hereof, subject, however, to the provisions of paragraph 5.C. hereof. - J Page 5 April 15 Jul 159 and October 15, 1978, and on January 15, B On Apr � Y . 1979, Bloomington shall send Richfield a statement, certified by the person in charge of Bloomington's Division of Public Health as being true and correct, and covering the period of the three (3) calendar months preceding the month in which the report is given, and setting forth, in such detail as Richfield from time to time shall reasonably require, the number of ' persons served, the kinds of Health Services delivered, the locations where such services were delivered, and such other information as Richfield shall reasonably request. C. No payment or payments need be made by Richfield under this Agreement while Bloomington is in default under any of the terms and conditions hereof to be by Bloomington performed. 6. In the event Richfield desires to inspect the financial books • and records of Bloomington relating to the providing of Health Services hereunder by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield or any agent, employee, or representative of Richfield , at reasonable business hours. 7. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render Health Services under this Agreement; however, that Bloomington agrees that all such personnel shall provided, be capable, trained professionals. 8. Bloomington's Division of Public Health will communicate with Richfield relative to Health Services to be performed hereunder by i Bloomington, such communication to be in the form of reports, conferences, Page 6 or consultations, as the respective Richfield departments from time to time shall request. All reports relating to the providing of Health Services that are given by Bloomington's Division of Public Health to the Bloominton City Council or to the City Manager during the term of this Agreement shall also, and at the same time, be given to Richfield 9. Bloomington also agrees to send to Richfield an annual report describing the activities, performed and Health Services rendered pursuant -to this Agreement. Such report shall be in such detail and form as Richfield may reasonably from time to time request. The annual report shall be sent with and in addition to the last quarterly report required by paragraph 5.B. hereof. Also, at Richfield's request, made not more than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall attend meetings of the Richfield City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and Health Services rendered under this Agreement. 10. Bloomington hereby agrees to maintain in force its present policy of comprehensive liability insurance and medical malpractice insurance in the minimum amount of five hundred thousand dollars ($500,000), for the term of this contract. A copy of the policy or policies issued shall be furnished to Richfield Said policy shall be with an insurance company authorized to do business in Minnesota. 0 Page 7. 11. This Agreement shall be for a period from January 1, 1979, to December 31, 1979, provided that either party may terminate the same by thirty (30) days' written notice to the other. Upon such termination, all obligations and liabilities of the parties hereunder shall cease and termiante, except that the provisions of paragraph 11 hereof shall continue and survive such termination. Also, in the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Bloomington shall send to Richfield within thirty (30) days after such termiantion, a report in the form required by paragraph 5.5., and shall also then send a final report in the form of, and in lieu of, the annual report required by paragraph 10 hereof, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of both of such reports. 12. Bloomington and 'Richfield understand and agree that each of them shall apply and qualify, independently and separately, for any and all grants, matching funds, and payments of all kinds from state, federal, and other governmental bodies relating to, or for the provision of, any or all of the Health Services, and any and all such grants, matching funds, and payments shall belong to the recipient and be used and applied as.the recipient thereof shall determine, without regard to this Agreement. 13. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to any officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: I* 0 111 Page 8 •�, To Bloomington: 2215 1 -lest Old Shakopee Road Bloomington, Minnesota 55431 Attention: John G. Pidgeon., City Manager To Richfield: 6700 Portland Avenue South Richfield, Minnesota 55423 Attention: Wayne S Burggraaff, City Manager Such addresses may be changed by either party upon notice to the other party given as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their corporate seals to be affixed hereto the day and year first above written. CITY OF BLOOMINGTON by Its Mayor and Its Manager CITY OF RICHFIELD by Its Mayor and Its Manager • RESOLUTION NO. RESOLUTION AUTHORIZING FILING OF FINAL APPLICATION FOR TRAIL IMPROVEMENTS AT WOOD LAKE NATURE CENTER AND SHERIDAN PARK WHEREAS, the City of Richfield desires to develop and /or improve trails at Wood Lake Nature Center and Sheridan Park, and WHEREAS, the preliminary application for trail improvements at Wood Lake Nature Center, with a total estimated cost of $15,500, .ranked high enough to be considered further for a state grant -in- aid of up to 40 percent of the project costs, and WHEREAS, the preliminary application for trail improvements ,at Sheridan Park, with a total estimated cost of $20,750, ranked high enough to be considered further for a state grant -in -aid of up to 40 percent of the project, and WHEREAS, final applications for trail improvements at Wood Lake. Nature Center and Sheridan Park are due to the Office of Local and Urban Affairs, a section of the State Planning Agency, as soon " as possible and preferably by January 1, 1979. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: • 1. That final application be made for a state pp grant-in- aid for the Wood Lake Nature Center, a total estimated project cost of $15,500, with the grant estimated to be $6,200 with the understanding that the City of Richfield will pay the balance of the cost from other funds avail- able to it. 2. That final application be made for a state grant-in- aid for Sheridan Park, a total estimated project cost of $20,750, with the grant estimated to be $8,300 with the understanding that the City of Richfield will pay the balance of the cost from other funds available to it. 3. That the City Manager of the City of Richfield is hereby authorized and directed to execute and to file such applications with the State of Minnesota Office of Local and Urban Affairs, a section of the State Planning Agency, and to provide additional information and to furnish such documents as may be required by said Agency, and to execute such contracts as are required by said Agency. 4. That the Park and Recreation Director of the City of Richfield is hereby authorized and directed to act as • the authorized correspondent of the City of Richfield with regard to said applications. 5. That the proposed developments and /or improvements are in accordance with the plans for the allocation of land for open space uses, and that should such grants be made, the City of Richfield will develop and retain said land for use(s) designated in said applications. Passed by the City of Richfield City Council this 26th day of December, 1978. Loren L. Law Mayor ATTEST: Thomas J. Moran, City Clerk • • The Honorable Mayor arid , • Members of the City Council City of Richfield Gentlemen: Subject: 1979 Financial Support for South Hennepin Human Services Council Since the South Hennepin Human Services Council was formed in 1971, it has been financially supported solely by Hennepin County. However, a change in county policies which will ;become effective. in 1979, provides that Hennepin County's 1.979 contrib- ution to the SHHSC will be equal to the 1978 county contribution, and that $5,0"0.0, or 10% of the proposed operating budget, which - ever is greater, must be provided by the communities that the council serves. • The 1979 budget for the South Hennepin Human Council is approximately $52,000. Hennepin County has indicated that it will grant approximately $41,200 to the council in 1979, meaning that approximately $11,000 in local contributions will be! required to maintain the activities of the SHHSC during the coming year. Since the City of Bloomington provides office space to the staff of the South Hennepin Human Services Council, and the City of Eden Prairie provides accounting and payroll services, the SHHSC has requested that the cities of Richfield and Edina provide the required local financial support. The additional funding required from the two cities is in the amount of $4,540, after converting the in -kind services provided by Bloomington and Eden Prairie into cash contributions. Accordingly, the SHHSC has requested that Richfield allocate $2,140 to the council in 1979. Councilman Anderson has served as one of Richfield's repre- sentatives to the SHHSC since its funding. It is his recommenda- tion, in which I concur, that the city council adopt the attached resolution, transferring funds from the unallocated contingency account to be used as the city's matching share contribution to the South Hennepin Human Services Council. Respectfully submitted, . VV� Wayne S. Burggraaff City Manager WSB /eja Cc.: Finance Director RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM THE 1979 CONTINGENCY ACCOUNT TO THE SOUTH HENNEPIN HUMAN SERVICES COUNCIL WHEREAS, Resolution No. 5966 appropriated funds for each department of the City for the year 1979; and WHEREAS, a contingency appropriation was made in the General Fund for various purposes, including unanticipated cost increases in programs; and WHEREAS, the City of Richfield has been participating in the South Hennepin Human Services Council, whose activities have been primarily financed through Hennepin County; and WHEREAS, the County has requested that the municipalities receiving the services of this program participate in the cost of administering these programs; and WHEREAS, it is hereby determined necessary for the city to continue to • be involved in the South Hennepin Human Services Council and to participate in their programs; and WHEREAS, it is hereby determined necessary to adjust the 1979 budget appropriation $2,140 to reflect the cost of such participation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the sum of $2,140 be transferred from the contingency appropriation of the General Fund to the unallocated department for transfer to the South Hennepin Human Services Council. Passed by the City Council of the City of Richfield this 26th day of December, 1978. Loren L. Law Mayor K ] ATTEST: Thomas J. Moran City Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 369 Agenda December "26, 1978`` The Honorable Mayor, and Members of the City Council City .of Richfield Gentlemon: y Subject: Purchases in Excess of $1,00`0 Chapter Six, section 6.05 of the city charter stipulates that the city council must approve purchase of merchandise, mat- erials, equipment or construction when the amount exceeds $1,000. "There are two such items on the December 26, 1978 city council agenda. Snow Blower Attachment The 1979 street division budget provides funding for the • purchase of an undercarriage plow attachment to be used in the city's snow.removal efforts. However, since preparation of this �- budget, the public works director and street superintendent have identified an additional piece of equipment which is needed for our snow removal program. This piece of equipment is a snow blow' attachment for the city's sidewalk snow removal unit. Currentlyr a V -plow is used on the sidewalk snow removal vheicle. However, plowing these sidewalks results in excessivesnow buildup on the boulevard which impacts the snow into large mounds and /or results in the plowed snow falling back onto the sidewalks. Attaching a snowblower to the sidewalk plowing unit would enable the snow fr the sidewalk to be dispersed more evenly, and under heavy snowst conditions, could be used to blow the snow from the sidewalk int truck to be dumped elsewhere. �► A snow blower attachment for the sidewalk snow removal vehi qqs will cost approximately $3,000. It is therecommendation of the public works director, in which I concur, that the city council authorize purchase of a blower attachment for the sidewalk snow - plow, in place of the undercarriage plow for which funds were appropriated in the 1979 budget. Boundary, Topographic Orientation and Location Survey of Propos Municipal Golf.Course Following noise level studies, the southern boundary of th proposed golf course site was established at what is known as t� "105 dbd" line. A legal description of the property was drawn during the design phase of the project to give a physical locat to this sound -level line. However, "as we approach construction: s" CITY OF`RhCHFIELD ", MINNESOTA Office of City Manager" u Council Letter No. '368 P k, Agenda December "26 r. 1 97 8 The Honorable Mayor and" Members of the. City Council City' of Richfield ,,.Gentlemen Subjects Re "newaT of On and Sunday; Liquor Licenses, Left _Guard, Inc. At the December 11, 1978 city, council meeting::, the city couzicil for a on the re- set :December 26, 1978 as the date public;hearng df the On and Sunday liquor licenses issued.' quest for renewal: to the. Left Guard, Inc•. 7717 Nicollet Avenue. The Left Guard, ";Inc. Maxmillians.,of is doing business at that location as Chi Chi's. and Mexico. The application for renewal 'of this license was submitted by Mr.' 'for The other member, Marno McDermott, president. the corporation: `as William Max McGee, vice - president " of the corporation is listed submitted within the prescribed and secretary. The application was was properly verified by the city clerk in accord - " time frame and with ordinance requirements. A11 necessary information in- certificate, ance eluding an "accountant s statement, surety bond, insurance and license fee's have been'' political contribution certificates, filed along with the app lication r licenses for. the Left lication current renewal app Inc. will expire December 31 1978. The eighth renewal.by the present owners, "who received their, is for an first license on July 24, 1972. Application Investigation In accordance with city ordinance requirements, the public safety, information required by director has -made an investigation of subdivision "4" of the on -sale liquor ordinance. Section 11.06, The public "safety department report indicates. that,there' has been operated by the one change during the past year in the businesses the corporate structure has remained Left Guard, Inc., although unchanged. The major change was appointment of "a new manager, investigation of Mr. Weiss Jerome Weiss. A routine background revealed no negative, f indings,. �r i December 26, .1978_ Council Letter No. No ordinance violations have been recorded against either Chi There were 18 reported` Chi's: or,MaximiliansztYi.in,.the past year. 'year. In each, in the manage goliG >e incidents during "the was cooperative with,the. public safety_ the.,, establishment department in'a.ttempting: to resolve the, problems, most of which. involved customers.- A. copy ;of the report from . the police 'inve tigation from the, investigation o,f; public safety director commenting on the policed for is attached. Thedetaled incident' this';application renewal attached due to volume of pages,. but are available reports are not for review, in the city, manager's office. w Accountant's `Report The on -sale) liquor ordiz ance- requires that the applicant file" . public accountant with ;ythe city a" statement 'made by a certified which shows the total `gross sales and the.totalfood sales of the preceding 12 month period - This informati on, together with a tom parison of the previous year, is as follows: 12 Months Ending 12 Months Ending Oct. 31, 1977 Oct . 31 , ' 1978 $2,373,597-51- $3,339,923 Total Sales 1,166,383.15<< 1,624,400 Food Sales of Food Sales to :Total 42.05 %: 48.63% %. of Liquor Sales to Total - 57.95% 51.37% The purpose of obtaining this information is, that the state be princpal.part of the statures require the serving of food a which has an on- sale liquor: license. Go.uncil business of a restaurant members -will recall -that originally the city ordinance included a definition of the phrase "'principal part of busines stating that more .than 50% of the gross retail sales of;.licensed premises of food'. That definition was deleted must be derived from the sale in 1971 leaving only the statutory requirement which does not in- clude a.definition of the phrase. The city attorney has advised that "principal part;of the business" sales, but,also to may be interpreted to refer to percent of gross the amount of 'investment necessary to serve food, such things as compared to the'serving of beverages, or the number of employees compared with beVer- -. engaged; in the preparation and serving of food of for the preparation and ages; or the amount space provided of food as compared with beverages. In short, the statute. serving could be defined' in a number of ways and in no way infers that the sales. definition must be limited to a percent of gross: retail Health and afetv Re ulations Various improvements dealing with health and safety regulations have .been required of the Left Guard, Inc. over the past years..: fire In :addition, routine environmental health;inspecioris and prevention inspections are conducted at the` establ'isfiment: MEMORANDUM Date: December 19, 1978 To: Wayne S. Burggraaff City Manager From: Thomas A. Morgan, Jr. Director of Public Safety Subject: LIQUOR LICENSE RENEWAL INVESTIGATION LEFT GUARD CORPORATION As part of the liquor license renewal process, the Public Safety Department has conducted the required criminal investigation into the activities of the Left Guard Corporation during the past year. Presently the corporation operates two liquor establishments, Maximillian's of Mexico and Chi Chi's Restaurant, both of which are located at 7717 Nicollet Avenue South. By way of summary, I just might mention that the ownership has not changed during the year and we found no problems in our investigation with regard to either of the principal's involved in this license renewal applica- �� ^� Mr. Marno McDermott and Mr. William McGee. The major change in �ivn, the operation during the past year was the appointment of a new manager, Mr. Jerome Weiss. The routine background investigation was conducted with regard to Mr. Weiss with no negative findings. In reviewing the financial records of the corporation it appears that all tax liabilities have been satisfied as of the current date and the corporation appears to be current with other financial obligations. At the time of the investigation the city had not received the license fee for the new manager. The corporation was notified of this fact and agreed to have this $100 fee paid prior to the liquor license hear- ing scheduled for December 26, 1978. In addition to our investigation of the liquor license applicants, we have also reviewed the police division incident reports involving both Maximillian's and Chi -Chi's for 1978. During.the current year, the police division has responded to eighteen various calls at that estab- lishment broken down into the following areas: Thefts (occurring within building) 4 Thefts (from automobiles) 3 Assaults 2 Customer Disputes 5 Damage to Property 4 TOTAL INCIDENTS TO DATE 18 December 19, 1978 Liquor License Renewal Page two By comparison in 1976 the establishment experienced twenty police related incidents and in 1977 the establishment experienced twenty -seven police related incidents. It would appear that the management is doing a good job in dealing with their own problems and maintaining an orderly place of business. From a public safety prospective the only concern that seems to exist with regard to this license renewal is the fee that is due to the city for the license for the business manager. In all other respects, there does not seem to be a basis to recommend a denial of the liquor license renewal application for the Left Guard Corporation. TAM /lie 0 4' 0 4 '7 $2 40 1: 0 75 60 (Starting) (After 1 yr) (After 2 yrs) (After 3 yrs) (After 4 yrs) (After 5 yrs) Grade G16 1 2 3 4 5 6 7 (Starting)(After 1 yr)(After 2 yrs)(After 3 yrs)(After 4 yrs)(After 5 yrs)(After 6 yrs) EXHIBIT A RESOLUTION N0. RESOLUTION RELATING TO THE 1979 SALARY COMPENSATION PLAN WHEREAS, Section 2.33 of the Ordinance Code of the.Cityof Richfield provides that the assignment of classes to pay grades, the number of steps in each grade, the bi- weekly rates in each grade, the method of normal progression through pay grade and the work week in hours for each class be established by council resolution, and WHEREAS, the City administration has prepared 'a 1979 pay plan for 'position classifications in the General Services. NOW, THEREFORE, BE IT RESOLVED that the City, Council do and hereby does establish for the year 1979 the following pay plan, which is to be effective January 1,, 1979, - and 'subject to the provisions of the personnel rules and regulations ordinance. y GENERAL SERVICES /BI- WEEKLY RATES GRADE 1 2 3 4 5 6 7 G1 -E 287.01 302.03 317.05 332.07 348.61 G2 -E 302.03 317.05 332.07 348.61 366.65 G3 -E 317.05 332.07 348.61 366.65 384.67 G4 -E 332.07 ` 348.61 366.65 384.67 404.20, G5 -E 348.61 366.65 384.67 404.20 423.74 G6 -E 366.65 384.67 404.20 423.74 444.77 _ G7 E 384.67 404.20 423.74 i +44.77 6 4 7.31 G8 -E 404.20 42.3.74. i 44 -+.77 467.31 i 491.3+ G9 -E 423.74 444.77 467.31 491.34 515.41 G10 -E 444.77 467.31 491.34 515.41 540.95 Gll -F 467.31 491.34 515.41 540.95 568.00 596.55 G12 -F 491.34 515.41 540.95 568.00 596.55 626.59 G13 -F 515.41 540.95 568.00 596.55 626.59 658.15 G14 -F 540.95 568.00 596.55 626.59 658.15 691.21 G15 -F 568.00 596.55 626.59 658.15 691.21 725.77 G16 -G 596.55 626.59 658.15 691.21 725.77 763.34 802.41 Normal Progression Through Grades Grades G1 Through G10 1 2 3 4 5 (Starting) (After 6 mos) (After 18 mos) (After 39 mos) (After 42 mos) Grades Gll Through G15 1 2 3 4 5 6 (Starting) (After 1 yr) (After 2 yrs) (After 3 yrs) (After 4 yrs) (After 5 yrs) Grade G16 1 2 3 4 5 6 7 (Starting)(After 1 yr)(After 2 yrs)(After 3 yrs)(After 4 yrs)(After 5 yrs)(After 6 yrs) Resolution No. -2- Position Classification ''Grade Clerk 1 G 1 -E • Keypunch Operator 1 G 2 -E Clerk Typist ,1 G 2 -E Clerk Stenographer 1 G 3 -E Clerk 2 G 4 -E Liquor Clerk 1 G 4 -E Switchboard Operator G 4-E Clerk Typist 2 G 4 -E Keypunch Operator 2 G 5 -E Clerk. Stenographer 2 G 5 -E Clerk Typist 3 G 6 -E Cashier G 7 -E Account Clerk 1 G 7 -E Computer Operator G 7 -E Secretary 1 G'7 -E Liquor Clerk 2 G 8 -E Engineering Aide 1 G 8 -E Custodian G 8 -E Printer G 8-E Social Service Specialist G 8 -E Account Clerk 2 G 9 -E Secretary 2 G 9 -E Community Center Programmer G 10 -E Community Development Specialist G 10 -E Administrative Aide G 11 -F Deputy Clerk' G 11 -F Engineering Aide 2 G 11 -F Appraiser 1 G 12 -F Associate Planner G 12 -F Recreation Supervisor G 12 -F Programmer Analyst 1 G 13 -F Engineering Technician 1 G 13 -F Community Center Coordinator G 14 -f Public Health Environmentalist G 14 -F Administrative Analyst G 14 -F Naturalist G 14 -F Resolution No. -3- Position Classification Grade Programmer Analyst 2 G 15 -F Assistant Liquor Store Manager G 15 -F Inspector - Building G 1'5 -F Inspector,- Electrical G 15 -F Inspector - Plumbing G 15 -F Engineering Technician 2 G 15 -F Appraiser 2 G 15 -F Maintenance Superintendent - General G 1'5 -F Maintenance Superintendent - Ice Arena G 15 -F Maintenance Superintendent - Greens G 15 -F Accountant G 16 -G Chief Water Plant Operator G 16 -G Maintenance Superintendent - Parks G 16 -G LABOR AND TRADES - BI- WEEKLY RATES Grade 1 2 3 -LT -6 637.79 669.69 703.17 • Normal Progression Through Grades 1 2 3 (Starting) (After 6 mos) (After 18 mos) Grade Assignments Position Classification Grade Foreman LT -6 Passed by the City Council of the City of Richfield, Minnesota, this 26th day of December, 1978. Loren L. Law Mayor FXHTRTT R: RESOLUTION NO i RESOLUTION RELATING TO THE 1979 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, Section 2.33 of the Ordinance Code of the City of Richfield provides that the City Council shall adopt by resolu- tion pay plans for city employees and such pay plans shall in- clude the assignment of classes to pay grades with minimum and maximum of progression through the pay grade, and WHEREAS, Section 2.33 of the Ordinance Code of the City of Richfield provides that the City Manager shall be responsible for administering the pay plan, and WHEREAS, the City Manager has prepared a 1979 Management Pay; Plan for certain position classifications. NOW, THEREFORE, BE IT RESOLVED that the City Council 'do and hereby does establish for the year 1979 the following amended pay plan to be effective on January 1, 1979 and subject to the provisions contained here. GRADE 17 - $658.34 $892.88 GRADE 18 $693.85 $982.59 Administrative Assistant Chief Building Inspector Assistant Fire Chief Environmental Health Director Recreation Program Manager Fire Chief Housing & Redevelopment Specialist Nature Center Manager Ice Arena Manager Personnel Director Golf Course Manager Technical Operations Superintendent Street Superintendent Water Superintendent GRADE 19 - $766.73 - $1,083.51 GRADE 20 - $843.70 - $1,210.28 City Assessor Finance Director Liquor Stores Manager Parks & Recreation Director Planning & Redevelopment Director GRADE 21 - $932.13 - $1,316.19 Public Safety Director Public Works Director BE IT FURTHER RESOLVED that the City Council hereby autho- rizes the City Manager to adjust the individual salaries of those employees assigned to the above pay plan. Such adjustments shall .be granted according to the following criteria: 1. Employees shall be eligible for individual adjustments on the effective day of this resolution except for em- ployees appointed after January 1, 1975 who shall be eligible for individual adjustments on their respective anniversary date. Resolution No. -2- 2. The City Manager may grant individual salary adjust- ments at times other than those specified above pro- vided the City Council is advised of the adjustments and the reasons therefore at least three weeks prior to the time the adjustments are proposed to be imple- mented. I. When granting individual salary adjustments the City Manager shall consider the following factors: a. The level of compensation necessary to attract and retain competent and professionally trained personnel. b. The performance of the individual. C. Comparability of nature of job and salary to sample group management survey. d. The relationship of salary with that of those Supervised. e. Recognition of different professional training and experience. f. Degree of responsibility, number of employees supervised and scope of departmental programs. g. Degree of competence of employee. 4. The City Manager shall file with the City Council each year, before the end of the year, a report of his ac- tion in exercise of this authority. POSITIONS EXEMPT BI- WEEKLY RATE Attorney $745.17 Health Officer 24.00 Passed by the City Council of the City of Richfield this 26th day of December, 1978. Loren L. Law Mayor ATTEST:, Thomas J. Moran City Clerk EXHIBIT C RESOLUTION N0. • RESOLUTION RELATING TO THE 1979 SPECIALIZED PAY PLAN WHEREAS, Section 2.33 of the Ordinance Code of the City of Richfield provides that the assignment of classes to pay grades, the number of steps in each grade, the bi- weekly rates in each grade, the method of normal progression through the pay grade and the work week in hours for each class be established by council resolution, and , WHEREAS, the City administration has prepared a 1979 pay plan for these positions for which there are no essentially similar position classifications in other regular pay plans. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 1979 the following pay plan, which is to be effective on January 1, 1979, and subject to the provisions of the personnel rules and regulations ordinance. SPECIALIZED PAY PLAN GRADE 1 2 3 4 5 S 1 -E 2.20 2.29 2.38 2.48 2.57 S 2 -E 2.47 2.57 2.67 2.78 2.89 S 3 -E 2.62 2.72 2.83 2.95 3.10 S 4 -E 2.78 2.89 3.00 3.12 3.25 S 5 -E 2.94 3.06 3.18 3.31 3.44 S 6 -E 3.12 3.25 3.38 3.51 3.65 S 7 -E 3.31 3.44 3.58 3.72 3.87 S 8 -E 3.51 3.65 3.79 3.94 4.10 _2_ POSITION CLASSIFICATION GRADE' Recreation Attendant 1 S 1 -E Recreation Attendant 2 S 2 -E Information Reception Clerk S 3 -E General Clerical 1 S 3 -E Recreation Attendant 3 S 3 -E Recreation Worker 1 S 4 -E General Clerical 2 S 5 -E General Services 1 S 5 -E General Services 2 S 6 -E Recreation Worker 2 S 6 -E Intern S 6 -E Recreation Specialist l S 7 -E Community Services Officer S 7 -E Liquor Clerk - Part Time S 7 -E Recreation Specialist 2 S 8 -E Recreation Specialist 3 $4 - $15 per hour Firefighter - Part Time $5 per hour Passed by the City Council of the City of Richfield, Minnesota, this 26th day of December, 1978. Loren L. Law Mayor ATTEST: Thomas.J. Moran City Clerk i • EXHIBIT D CHAPTER XII MISCELLANEOUS ADMINISTRATIVE REGULATIONS; SPECIAL FUNDS PART I. MISCELLANEOUS ADMINISTRATIVE REGULATIONS 12.01. DISPOSITION OF UNCLAItiIiED PROPERTY IN POSSESSION OF THE CITY. Subdivision 1. Purpose and Statutory Authority. This section is enacted for the purpose of providing for the custody and disposal of property coming into the possession of the city in the course of municipal operations and remaining unclaimed by the owner, and is adopted pursuant to the provisions of Minnesota Statutes, Section 471.195, Subd. 2. Method of Disposition. Whenever any property has come into the pos- session of the city and has remained unclaimed by the owner thereof for a period Of six months or more, the city may dispose of such property highest bidder at public auction or sale. Such public auctionyorasaleo shall be conducted under the direction of the city manager,'following published notice in the official newspaper at least 10 days in advance of such sale. All unclaimed properties sold at such public aucti bidder. on or sale shall be sold to the highest Subd. 3. Property Having Insubstantial Value. Property having no substantial value need not be sold at such public auction or sale but may be discarded or given away, but a list of any such item shall be retained in the files of the city for at least six years after such disposition of such property. Subd. 4. Limitation on Application. The provisions of this section shall L not be applicable to automobiles. Subd. 5. Items Which May be Destroyed. Items of personal property having nuisance potential, such as firearms; dangerous weapons, liquor and narcotics may be destroyed upon order of the city manager. A list of items so destroyed shall be maintained for a period of at least six years following such destruction. Subd, 6. Disposition of Proceeds. The proceeds of such sale shall be placed in the general fund of the city, subject to the right of the former owner to a of the sale price from such fund upon application and satisfactor p on - ership within six months of the sale. Y proof of own- 12.02. COMPENSATION OF MAYOR AND COUNCIL MEMBERS. 'Subdivision 1. Annual Salary. The annual salary the annual salary for each member of the council is of the $4,500 �atorbeseffecOtOiven30 days after its publication. Salaries of such officers shall be reviewed by December of each year. (Bill 1978 -4) 3/13/78 Subd. 2. Authority for Enactment. This part is enacted pursuant to the re- quirements of Section 2.07 of the City Charter. ORDINANCE CODE 3/13/78 280 CITY OF RICHFIELD, MINNESO to ■ Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk EXHIBIT E RESOLUTION NO. RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH AND TERM LIFE INSURANCE PREMIUM WHEREAS, a hospital- medical /surgical group health insurance plan is available from the Hennepin County Cooperative Purchas- ing Organization for city employees and their families, and WHEREAS, .a term life and accidental death and dismemberment insurance plan is available from the Hennepin County Cooperative Purchasing Organization for city employees, and WHEREAS,_.the City council is required to determine by resolu- tion the city's contribution toward the _premium for health in- surance. NOW', THEREFORE, BE IT RESOLVED that the city shall contri- bute a maximum of $72.00 per month toward an employee health in- surance premium for all non - unionized employees; in any event said contribution shall not exceed the cost of single coverage for employees selecting that option. The city shall also pay the $1.10 monthly premium for the term life and accidental death and dismemberment insurance plan for city employees for a total possible maximum insurance premium contribution.of $73.10 per month. Such contributions shall be for coverage effective January 1, 1979. • BE IT FURTHER RESOLVED that the City Council shall deter- mine the city's contribution toward insurance premiums for all organized employee groups by the adoption of the appropriate resolutions concerning labor contracts with the respective or -' ganized employee groups. Passed by the City Council of the City of Richfield this 26th day of December, 1978. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk � • U) n o 0 o x o 0 o- 0 0 N O O N N M M N U} yr v v yr u C°' O i� o 0 N G 1 I ° I I I I 1 v w .0 I I. tf1 1 L I I I (V w v � o a� 0 0 0- (] W C 41 (? l!i t? Vl i? S/} t? Vi w a� H (4 C7 x U UN r-I 04 co a �w UIQ m K ct j H >4 .i �2f S.i H E Co 0 0 0 0 o 0 0 w H N.1 0O O O I O O �. O O m H U W I 2 U [� a w Q co I > ,� �v)- Vo r V)- � 1 r V)- r V)- vrr vrr vri "� r6 rn C O � 0.1 1 w O 4� Z Q U 1 1 1 cr I I l 1 1 • r--I Y � L - G .,.{ U r OD -H •.�-1 Q 1p 1 1 S~ H 1 1 1 C I I I # # K 04 i~ U r-I • -) . _ N N En N v O -rUi N - N 9 O tp - - •,UI > w > a - � 2 Ln 44 (pay (n G 9t rn W to cn Q U) (5 E U rt N rt rt N gU 0 r -rUl -rUi a0 Exhibit G COMPARISON OF 1978 HOLIDAY LEAVE - BENEFITS Employee Group Number of Days Police Officers Unit 11 Police Supervisors Unit 11 Firefighters Unit (1977) 9 - 24 hour snif:`sX Local 49 Unit 10 General Services Pay Plan 9 Management Pay Plan 9 Fifteen largest Group V Cities 10.1 Average (Stanton Survey) for General • Services Pay Plan type employees * While this number may appear to be on the low side, it must be remembered that firefighters work only 9 or 10 shifts per month. On a proportionate basis, firefighters receive a greater holiday benefit than any other city employee group. Exhibit -E AMENDMENT TO CHAPTER II, PART III, SECTION 2.34 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter II, Part III, Section 2.34 of the Ordinance Code of the City of Richfield dealing with attendance and loaves is hereby amended by amending Subdivision 2, paragraphs (1) and (8) thereof to read as follows: "Subd. 2. Holidays. The following paid holidays will be observed by the City: New Year's Day on January 1st; Washington's and Lincoln's Birthdays on the third Monday in February; Memorial Day on the last Monday in May; Independence Day on July 4th; Labor Day on the first Monday in September; Columbus. Day on the second Monday in October; Veteran's Day on November 11 Thanksgiving Day on the fourth Thursday of November; Eand3 Christmas Day and one floating holiday,. (1) Eligibility for Paid Holidays.. All permanent em- ployees and full time probationary employees, except • police and fire personnel who are shift employees shall be eligible for the paid holidays listed above. Employees must be on pay status the work day immediately preceding and the work day immediately following a holiday to be eligible for such holiday. (8) Administration of Holiday Leave and Floating Holidays. In the case of shift employees, floating holidays and holiday leave taken at a time other than a holiday must be approved by the department head and shall be charged as used in amounts of not less than four hours. " Passed by the City Council of the City of Richfield, Minnesota, this day of , 19 .Loren L. Law, Mayor ATTEST: EXHIBIT I RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS FROM THE 1979 CONTINGENCY ACCOUNT TO VARIOUS DEPARTMENTS WHEREAS, Resolution No 5966 appropriated funds for each department of the city for the year 1979 and WHEREAS, a contingency appropriation was made in the General Fund for various purposes, including the 1979 salary adjustments and the related fringe benefit contributions; and WHEREAS, Resolution No. established the 1979 pay plans for the General Services employees and WHEREAS,.Resolution No. determined the city's contribution for term _life insurance and for single and dependent health insurance for General Services employees; and WHEREAS, it is hereby determined necessary to adjust the 1979 budget appropriation $113,583 to reflect adjustments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the sum of $113,583 be transferred from the con- tingency appropriation of the General Fund to the following depart - ments: Department Amount Executive $ 9,388 Finance 20,144 Planning 8,611 ^ Public Safety 9,685 01 S$3 Public Works 21,024 3 Health 5,327 Parks & Recreation 38,004 la Legal 1,400 Total Contingency Appropriation $113.583 Passed by the City Counci of the City of Richfield this day of , 19 Loren L. Law, Mayor ATTEST: Thomas J Moran, City Clerk Addendum A MAINTENANCE SUPERINTENDENT GREENS NATURE R E OF -WORK Under general direction of the golf course manager, is responsible for the development and maintenance of the golf course grounds in-,. cluding the 18 hole course, 9 hole Par 3, driving range and club- house.- EXAMPLES OF WORK PERFORMED Plans, assigns,, supervises, trains and evaluates workers involved in the maintenance and repair of golf course areas and facilities. Participates in the preparation of the golf course maintenance budget. Directs record keeping and prepares reports. Supervises the development and maintenance of fairways, greens and related areas. Supervises the repair and maintenance of all golf course equipment. DESIRABLE KNOWLEDGES, SKILLS AND AAILITIES Considerable knowledge of the policies, practices, methods, techniques, tools and equipment used in the operation and maintenance of the • golf course. Considerable knowledge and experience in agronomy. Ability to establish and maintain effective working relations with others. Ability to keep current with trends and new golf course technology. DESIRABLE TRAINING AND EXPERIENCE A combination of training and experience equivalent to a high school education and at least three years responsible experience in golf course maintenance and operations. Adden j m B. X GOLF COURSE MANAGER NATURE OF WORK Under the direction of the park and recreaton. director is responsible for the development, promotion, maintenance and operation of the golf course including the 18 hole course, 9'hole Par 3, driving range and clubhouse. The golf course manager is responsible to the park and rec- reation director regarding the determination of basic plans and policies of the golf course but works independently in developing and administering these plans, policies and budgets. EXAMPLES OF WORK PERFORMED Interviews and supervises personnel at the.golf course and makes recommendation on various personnel actions. Supervises the development and maintenance of the golf course area and facilities. Actively promotes use of the area and facilities to various groups and organizations, through effective public relations. Handles complaints and other difficult public contact situations. Performs administrative tasks such as budget preparation, requisi- tioning of supplies and materials, and assignment of .maintenance and other staff. Develops, coordinates and evaluates all golf course programs and • schedules. DESIRABLE KNOWLEDGES, SKILLS AND ABILITIES Thorough knowledge of the techniques of golf course management. Considerable knowledge of the principles and practices of business administration. Considerable knowledge of the policies, practices, methods, techniques, tools and equipment used in the operation and maintenance of the golf course. Considerable knowledge of the play, rules, and regulations of golf. Thorough knowledge of public relations. Ability to assign, supervise, train and evaluate a moderate sized staff and their work. Ability to keep current with trends and concselycoboth orally laad . Ability to express oneself, clearly in writing. Ability to work quite independently at the total revenue producing practices of the golf course. Ability to establish and maintain effective working relations with the greens superintendent, maintenance mechanic, other golf course personnel, the park and recreation director and the general public. DESIRABLE TRAIN7ING AND EXPERIENCE A combination of training and experience substantially equivalent to a high school education and at least five ,years progressively responsible experience in golf course maintenance and operations or a combination of experience and training substantially equivalent to the above. E. Addendum C FIRE FIGHTER (Part Time) NATURE OF WORK The Richfield Fire Division is but one unit of the Public Safety Department which also includes the Police Division, the Emergency Services Division, and an Administrative Support Division. Firefighters are responsible for a variety of public safety functions within the community. Basically these would include the following: Under general supervision, participates in general fire fighting duties in the protection of life and property by com- batting, extinguishing and preventing fires; provides basic life saving and medical aid assistance to accident and trauma victims; and performs ail re- lated work as required. EXAMPLES OF WORK PERFORMED Responds to alarms with fire company; enters buildings with hose and operates nozzles; operates booster lines, hand fire extinguishers and related equip- ment; raises, lowers and climbs ladders and ventilates burning buildings; removes persons from danger, giving first aid to • injured persons; operates ladder truck and other equipment; ment; performs salvage operations. May respond to requests for medical assistance and perform basic emergency medical life saving functions at the scene of accidents or other emergency situations. Participates in training sessions to gain and increase knowledge and skill in assigned work. Maintains assigned equipment. Operates communications equipment and other related duties. DESIRABLE KNOWLEDGE, SKILLS AND ABILITIES Some knowledge of chemistry, the safe operation of motor vehicles, building and grounds maintenance, and other relevant knowledge as maybe related to firefighting. Ability to learn technical aspects of fire fighting and emergency medical care and to apply them to the work situation. Ability to establish and maintain effective working relations with others. Ability to express oneself, clearly and concisely, both orally and in writing. MINIMUM QUALIFICATIONS Age: 19 to 45 years of age. Educational: High School graduate or GED equivalent. • Medical: Excellent general health. :"lust pass comprehensive medical examination and comprehensive psychological evaluation. 0 Fire Fighter (Part Time) - 2 - Physical Agility: Must pass a physical agility test designed to measure co- as appropriate to,the duties to ordination and strength be performed. The city does reserve the right to conduct bi- annual medical for part -time firefighters and physical agility examinations that all employees in this classification can con - to insure sistently meet the physical requirements of this job. Residence: Part -time firefighters for the City of Richfield must reside the city at the time of their within the corporate limits of appointment. All appointees must continue to reside within the corporate limits of the City of Richfield during the time they hold this position. Drivers License: Must have, or be qualified to obtain, a valid Minnesota drivers license. 0 s .. CITY OF RICHFIELD Bid Opening r December 14, 1978 Chemicals - Water Treatment Plant Pursuant to requirements of Resolution No. 101.5, a meeting of''the Administrative Staff was called by Joyce Wilde, Acting City Manager, 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 November 29 and December 6. Present: Joyce Wilde, Acting City Manager Carl Marinics, Public Works Director Tom Morgan, Public Safety Director Ken Conway, Water Department Director I. Roesler, Environmental Health Director Sylvia ,Bergh, - Deputy City Clerk The following bids were submitted and read aloud: 200,000 Lbs. 1 1/2 Ton 21,000 Lbs. Bidder And 1,400 Ton Liquid Aluminum Liquid Anhydrous Sodium Silico Bid Security Quick Lime Sulfate Ammonia Fluoride Hawkins Chemical $91.40 /Ton $0.25 /Lb. $23.50 /CWT. B.B. - 5% ($9,140) ($750) ($4,935) Jones Chemicals B.B. - 5% Cutler Magner Co. $56.50 /Ton Cert. Check $4,000 ($79,240) Martrex, Inc. B.B. - 5% Van Waters & Rogers B.B. - 5% $60.40 /Ton Delivered $0.24 /Lb. $23.00 /CWT. ($720) ($4,830) $23 /CWT. $20.15 /CWT The Acting City Manager announced that the bids would be tabulated and considered at the regular council meeting of December 26, 1978. Thomas J. Moran City Clerk AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN CITY OF MINNEAPOLIS AND THIS ,AGREEMENT, entered into this day of 19_, by and between the City of 1- 111nneapolis (herein called "Urban Corp s" and ' (herein called "Agency "). WHEREAS, the above named Agency, a public organization or private iron- profit _organization, desires to participate in the Twin City Area Urban Corps and in consideration for the assignment of Urban Corps student interns to the Agency, we do hereby agree to the following terms and conditions: L The Urban Corps shall have the right to approve or 'reject requests for student interns submitted by this Agency upon forms, provided for that purpose by the Urban Corps, 2. The Agency shall utilize such students as may be assigned to it in accor- dance with the specifications set forth in its written request to the Urban Corps,. and shall immediately notify the Urban Corps of any change in nature of assignment, duties, supervisor or work location. 3. The Agency shall provide such students as may be assigned to it with a safe place to work and with adequate responsible supervision. 4. The Urban Corps shall have the right to inspect the work being performed by such students as may be assigned to the Agency, and shall have the right to inter- view such students and their supervisors._ 5.The Urban Corps shall have the right to require such students as may be assigned to the Agency to attend such general or special meetings, or to appear at the Urban Corps office, individually or as a group, as shall be necessary for the proper functions of the program. 6. In accordance with the requirements of Federal and State law, work per- formed by such students as may be assigned to the Agency shall: a. Be in the public interest °, b. Will not result in the displacement of employed workers or impair existing contracts for services; c. Does not involve the construction, operation or maintenance of so much of any facility as is used, or is to be used, for sectarian instruction or as a place.for religious worship; and d. Does not involve any partisan or nonpartisan political activity associated with a candidate, or contending faction or group, in an election for pub- lic or party office. 7. The Agency shall require such students as may be assigned to it to submit time reports and follow such other procedures as may be established by the Urban Corps. 8. The Urban Corps shall have the right to remove any student assigned to the Agency from said assignment andifrom the:: Agency. -atcanyi:time for any- reason. wfithout prior notice, and'the Urban Corps - shall not: be obligated to> repl'ace said student. 9. The Agency shall have the right to remove any student assigned to said Agency at any time with prior notice given to the student and the Urban Corps., 11O.The Agency warrants that it is in compliance with the provisions of the Civil Rights Act of 1964 (P.L. 88 -352, 78 Stat. 252) Minnesota Statutes Section 181.59 and Minneapolis Code of Ordinance, Chapter 139 and 141. 11. The Agency shall indemnify, protect and hold harmless the Urban Corps from all claims, causes or actions which may result from the assignment of students to the Agency. 12. The Agency shall obtain at its own expense Workman's Compensation insurance (or shall be self- insured under State Law) for such students as may be assigned to it under this Agreement. 13.. The Agency shall pay to the Urban Corps 30% of the gross compensation earned by such students assigned and accepted by the Agency under a Federal or State program. The Urban Corps will bill the Agency, in accordance with bi- weekly payroll periods, for its proper share of the compensation of such students as may OL have been assigned to the Agency and performed work during said period. Student hourly rates are set forth in Section 13(a) of this Agreement. a. Hourly compensation for students will be set at $3.80 per hour.for entering freshmen't:through, receipt of a- B:achelor?s Degree, add`•:�5.00 per hour for graduate students.(, graduate 'student is defined for purposes of this Agreement as one who has received a B.A., B.S., or equivalent degree;.) 14. At the election of the Agency, the Urban Corps shall place students to intern as 'semi - volunteers'. This option will be specified in the Assignment Form which the :intern's Agency supervisor must sign before commencement of the internship. Semi - volunteer rates which the Agency; shall pay the Urban Corps are set forth in Section 14(a) and 14(b) of this Agreement. a. Undergraduate semi - volunteer agency rates: For each week student worked less than 7 hours $0.00 For each week student worked 7 to 15`.5 hours 11.40 For each week student worked 15.6 to 29.5 hours 22.80 For each week student worked more than 29.5 hours 45.60 b. Graduate semi - volunteer agency rates: For each week student worked less than 7 hours $0.00 For each week student worked 7 to 15.5 hours 15.00 For each week student worked 15.6 to 29.5 hours - 30.00 For each week student worked more than 29.5 hours 60.00 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) of this Agreement. a. Agency rates for students will be set at $4.18 per hour for en- tering freshmen through receipt of a Bachelor's Degree, and $5.50 per. :bour for graduate students. (A graduate student is defined for ." A BS e eived a B. . ur oses of this F c P Agreement as one who has r p 9 or equivalent degree. 16. Performance under this contract shall commence on January 1, 1979 and ter- minate on December 31, 1979, 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 regu- lations. CITY OF MINNEAPOLIS NAME OF AGENCY By Mayor ATTEST: City Clerk COUNTERSIGNED: By Title By Title Attest: City Comptroller- Treasurer Approved as to Legality Assistant City of flinneapolis Attorney 07 of the csty charter pro Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING REVISIONS OF 1978 BUDGET OF VARIOUS DEPARTMENTS AND TRANSFER OF CONTINGENCY FUNDS WHEREAS, Resolutions Numbers 5770 and 5967 appropriated funds for personal` department of the City services, other expenses and capital outlays for each for the year 1978, and WHEREAS, the City Charter, Chapter 7, Section 7.09 gives the council balances from one office, authority to transfer unencumbered appropriation fund at the request of the department or agency to another within.the same City Manager, and has requested a revision of the 1978 budget WHEREAS, the City Manager with Charter revisions. appropriations in accordance NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1978 appropriations for each department of the General.Fund 1. That the be revised as follows: AMOUNT GENERAL FUND $1,025 Increase Mayor- Council 1,025 Decrease Executive 708 Increase Health 1,427, Decrease Legal 1,500 Decrease Public Works 2,219 Increase Contingency -0- Total General Fund 2. That there is hereby authorized a transfer in the amount of $42,000 1978 compensation settle - from the 1978 contingency to a reserve for remaining ments. 3. That the City Manager and the Finance Director bring into effect the provisions of this resolution. Passed by the City Council of the City of Richfield this 26th day of December, 1978. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk y AMENDMENT TO CHAPTER V, PART II, SECTION 5.25 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTAe CITY OF RICHFIELD DOES ORDAIN: Chapter V, Part II, Section 5.25, Subdivision 2 of the Ordinance Code of the "City of Richfield relating to the licensing of saunas- and massage parlors is hereby amended by amending paragraph (1) thereof to read as follows: "(1) It' is found and determined that the type of business activity subject to licensure under this section is particularly subject to abuse which may take a number of forms contrary to the morals, health, safety and general welfare of the community. Further, it is found that the control of these abuses requires intensive efforts of the public safety` department as well as other departments of the City. This concentrated use of city services tends to detract from and reduce the level of service available to the rest of the community and thereby diminishes the ability-of the City to promote the general health, welfare, morals an safety of the community. The number of sauna and massage parlor licenses which may be in force at any one time shall be [four] one . " Passed by the City Council of the City of Richfield, Minnesota, this day of 1978. , Loren L. Law, Mayor ATTEST: { RESOLUTION NO. r t - ` RESOLUTION RELATING TO RELEASE OF BOND ON OFF- STREET PARKING x� Progress Valley, Inc. a,$ 306 East 78th Street Use: Group Care Residential Facility. WHEREAS, Progress Valley, Inc., had an off - street parking agreement with the City of Richfield, relating to 306 East 78th Street, which contract bears the designation of Contract No. 2260, and which contract was guaranteed by a bond of the St. Paul Fire and Marine Insurance Company,, S Paul,'Minnesota, in the amount of Ten Thousand ($10,000) Dollars and WHEREAS, Progress Valley, Inc., has complied with the provisions of said agreement and the St. Paul Fire and Marine Insurance Company now zkxseeks to be relieved of any further obligation under said bond, and :WHEREAS, there appears to be no justification for requiring Progress tj Valley, Inc., to continue to provide a bond for security on the performance of said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of is Richfield, Minnesota, as follows: That the city manager is hereby authorized and directed to release the St. Paul Fire and Marine Insurance Company, St. Paul, Minnesota, for any and all acts of Progress Valley, Inc., committed or incurred in violation of Contract No. 2260, on and after the 26th day of December, "1978. Adopted by the City Council of the City of Richfield this 26th day of December, 1978. ATTEST: Loren L. Law Mayor