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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
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any revisions and,
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Aon in which I
Lhternance program.
ichfield`s, trans r
�t the city "counc.il -
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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.
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`r4` 1/` •�7J /j ATTACHMENT '12
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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 ).
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„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
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T
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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.
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3 ^
tir^
I
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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
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LO
Cnow
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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. Krier
Planning & Redevelopment Director
City of Richfield
telephone: 869 -7521 (612)
an equal opportunity employer
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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
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OWNER ROGER E YOST WIFE
TAXPAYER Q 3 2369
ROGER E YON
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RICHFIELD .I.EI.:.D MINN 5 5 4 2,
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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
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`
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
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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.
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e ;prem ums would bb".: , evert `higher =. an ,presently ant' cipatE
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he premiums whic.h..the city has paid for'wo kegs` cQmpens4
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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
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Council ;Letter Na 373 5, I�ece "tuber. 26, 1978,
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Relationship of Premiums ;Paid,,to Claims
5
Despite the expanded ;benefits provided for ;emgloyees through :.
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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%
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1974 41,834 53,823 7.7%
1975 11 -,348 694003 ;16.4%
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1976 10,016 108,726 9.2%
'
1977 26,217 130,228 20.1%
`
1978* - 11,058 173,791 6.4%
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(* 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
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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.
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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&
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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.
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.....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
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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.
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'CITY -C EI;D,'.MINNES OT'
ITY-C ELD,.MINNESOTA
Office.of. `Ct' M n
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ouncitLetter.NQ.372
Agenda December `26,
197ttt8
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Honorable' Mayor
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and
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Members o.f the City Council
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�Cty of `Richfield�
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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
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Communit Health Services Act, which has
Y provided a .subsidy to
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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
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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
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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