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01-10-77 agendaR CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and of the City Council City iv-chfiel.d Gentlemen: Council Letter No. IL Agenda January 10, 1977 Subject;: Joint Resolution Establishing the Hennepin County Criminal Justice Coordinating Council Attached to this council letter you will find a proposed resolution estab -- lishzng the Hennepin County Criminal Justice Coordinating Counci.l and a set of operational by -laws for this organization. Also attached you will find a copy of a letter from the co-- chairman of the HCCJ*C and an executive sumrnary both of which explain the need for action on the joint resolution and by -laws. It is recommended that the city council adopt the proposed resolution and approve the operational by -laws. Respectfully submitted, AX f"al Wayne S. Burggraaff City Manager WSB /e ja cc: Public Safety Director 90 - 1I t) li 3fu.iS'..E dxt ✓`.3x.:� HENNEPIN COUNTY CRIMINAL JUSTICE COUNCIL 312 Fourth Avenue South Minneapolis, Minnesota 55415 Phone 348 -6497 I1eMem! ~:r 10, 1976 Mr. Wayne S. Burggraaff Richfield City Manager 6700 Portland Avenue South Richfield, Minnesota 55423 Dear Mr. Burggraaff: CO- CHAIRMEN THOMAS L. JOHNSON JAMES E. SHAW VICE CHAIRMAN VICTOR E. MILLER d(r1j ) ' r EE I � DEC o 1! 3 1976 Richfield City Ma- (lager Enclosed please find a copy of a Joint Resolution and Operational B,,lat-ts prepared . under the direction of and approved by the Hennepin County Criminal Justice Council. It is intended that these documents will serve as the mechanism for re- establishing and re- organizing the Criminal Justice Council to serve "as a forum through which local units of government in Hennepin County may, by association, consultation and study, cooperatively promote improvements in the criminal justice system which tran- scend departments, agencies and -L".he.geographical boundaries of the individual com- munities." As you know, the Council has, since 1971, been functioning as a criminal justice planning agency for local units of government in Hennepin County. In this capacity, the Council and its staff have assisted local law enforcement and criminal justice agencies to improve the justice system in our county through a variety of program planning and coordination activities. A primary example, of course, is the lead role played by the Council in-coordinating the public safety communication systr:m and 911 emergency telephone system planning efforts which recently resulted in the establishment of the Hennepin Emergency Communications Organization (HECO). Also, the Council has functioned as the countywide LEAA planning agency for units of gov- ernment in Hennepin County. Based on the operational experience of the past five years, the Council has identi- fied the need to re- organize and re- direct its efforts in order that it may better serve the interests and needs of local units of government in Hennepin County. Ac- cordingly, the Council has devoted considerable time in the past several months de- veloping a joint resolution and a new set of bylaws to serve as the mechanism for re- establishing and re- organizing the HCCJC. It is intended that the major accom- plishment of this re- organization will be to, first, meet the intergovernmental and interagency coordination needs of municipalities in Hennepin County and, second, to assure compliance with the requirements of several federal iaws'and programs. Decemhi?r 10, 197£ Page 'I wo The enclosed Joint Resolution and Bylaws were approved for distribution by the Hen- nepin County Criminal Justice Council at its monthly meeting on December 8, 1976. These enclosures represent the culmination of a cooperative effort which included the direct participation of representatives from the city of Minneapolis, suburban units of government and Hennepin County, A special note of thanks is owed to Pat Farrell representing the city of Minneapolis, Bloomington City Manager John Pidgeon representing suburban city managersladministrators'and Vic Miller representing the Hennepin County Administrator's Office. These three individuals served as a draft- ing co.m.-flttee and in a liaison capacity throughout the development of these docu- ments. We are now fora.arding to all units of government in Hennepin County the enclosed Joint Resolution and Bylaws for the purpose of soliciting their participation and membership in the HCCJC as detailed in the Operational Bylaws. In order to accom- plish this, it will be necessary to present for consideration, the question of exe- cuting a Joint Resolution to each governing body. Each unit of government in Hen - nepin Co ;!nty is requested to tale the following action as soon as possible: 1. Submit the enclo <;cd Joint Resolution and Operational Bylaws to your governing boards for consideration and action. 2. File a certified copy of the Joint Resolution author- izing the participation and membership of your munici- pality in the Hennepin County Criminal Justice Coordi- nating Council with the Hennepin County Administrator on or before February 1, 1977. We urge all units of government in Hennepin County to favorably consider participa- tion and membership in the Criminal Justice Council as the ability of the Council to effectively serve the many and varied interests of local units of government in the county is primarily dependent upon the full and broad participation of all units of government who share in the responsibility to provide criminal justice.services within our community. Thank you in advance for your attention tional information or a clarification on hesitate to contact our staff. Sincerely, Thomas L. Johnson, o- chairman Minneapolis Alderman fariclost±} to this request. Should you find that addi- the enclosures is necessary, please do not James E. Shaw, Co- chairman Minnetonka Councilman 12/2/76 JOINT RESOLUTION ESTABLISHING THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL WHEREAS, the parties to this joint resolution recognize the need for criminal justice system planning and coordination on a countywide basis; and, WHEREAS, it is the sense of the parries hereto that the effective- ness of such planning and coordination on'a countywide basis would best be served by the establishment of a criminal justice coordinating council consisting of representatives of the parties hereto for the purpose of coordinating activities which will improve and strengthen law enforcement and criminal justice, encouraging research and development activities directed toward the improvement of law enforcement and criminal justice is and assisting in the development of new methods for the prevention and reduction of crime and juvenile delinquency; and, WHEREAS, the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90 -351), and acts amendatory thereto, encourages and provides for the establishment of criminal justice coordinating councils in major urban areas to assure improved planning for and coordination of criminal justice agencies and activities within those jurisdictions; NOW, THEREFORE, BE IT RESOLVED that the Hennepin County Criminal Justice Coordinating Council be established in accordance with the pro- visions as -set forth in the accompanying operational bylaws and pursuant to the provisions of the Omnibus Crime Control and Safe Streets Act of 1968, and acts amendatory thereto; BE IT FURTHER RESOLVED that the agrees �. to participate as a member of the Hennepin'County Criminal Justice Co- ordi nati rig Council. EXECUTIVE SUMMARY I. Establishment. The Hennepin County Criminal Justice Coordinating Council will be established in accordance with the Operational By- laws when the Joint Resolution has been passed by Hennepin County, the city of Minneapolis, and any number of suburban municipalities which, together with the city of Minneapolis, contain at least 50 percent of the total population of the county. II. Purpose. It is intended that the 1.1p-nnepin County Criminal Justice Coordinating Council will serve as a forum through which local units of government in Hennepin County will have the opportunity to cooperatively pursue the resolution of criminal , iustice system problems i,;hich are primarily of' an interagency and intergovern- mental nature. III, Mc;nbershi,r... All general purpose units of gov,,:>rnment within Hen- nepin County are eligible to be r:em!,1 rs of the Council. In the }7aa ;s, th ^re is a provision for eight suburban Hennepin County represe.ntaLives, eight county of Hennepin representatives, six city of Minneapolis representatives . and four private sector rep - resentatives. Further detail on the specific-Itions of this rep- resentation may be found in Article IV "Membership" on pages 2 through 5 of the Operational Bylaws. IV. Fundin_. Staffing and supportive services for normal Council business and activities will be provided by Hennepin County. In order to provide these services, Hennepin County will apply for and accept federal funding made available under the Omnibus Crime Control and Safe Streets Act of 1968. The share of matching funds necessary to qualify for these federal grants will be provided entirely by Hennepin County. V. Withdrawal and Dissolution. Any member may at any time withdraw tram the H- nnepin County Criminal Justice Coordinating Council by resolution of its governing body. The Council will be dis- solved (a) whenever a sufficient number of members, excepting Hennepin County, withdraw from the Council to reduce the total number of members to a level wherein the remaining members do not represent at least one half of the county population; (b) by two- thirds vote of all the representatives on the Council; and (c) by resolution of the Hennepin County Board of Commissioners. MEMBERSHIP HENNEPIN COUNTY CRIMINAL JUSTICE COUNCIL Co- chairmen Vice Chairman *Thomas L. Johnson *Victor E. Miller Minneapolis City C?unc-11 Hennepin, County In-tergovernmental Coordinator *Janl�; s E. Shaw Minnetonka City COL111Ci 1 (representing Assoc.. of Metro Municipalities) Council b�c'mbershi Bjarnie Anderson Hennepin County Attorney's Office C. Wayne Courtney Edina City Council (representing Assoc. of Metro Municipalities) S. Allen Friedman Hennepin County Municipal Court James Mossey Crystal Chief of Police (representing Hennepin County Chiefs of Police Assoc.) *Thomas L. Olson Hennepin County Commissioner Om. r Schmidt Community Health and Welfare Cncl. Ward T. Whalen Hennepin County - District Court John Wunsch Hennepin County Public Defender's Office *Denotes Executive Committee members *Frank J. Brixius Mayor of Greenwood (representing Assoc. of Metro Municipalities) Patrick Farrell Minneapolis Police D;- partment Harvey Havir Minneapolis Coordinator's Office Richard O'Brien Minneapolis Police Department (representing Minneapolis Mayor) Donald J. Omodt Hennepin County Sheriff Emanuel Sorstock MinncapoI is City At -toirn ,y's 0.17 '1 Ire James G. Willis Plymouth City Manager (representing Metro. Area Managers Assoc. Kenneth Young Hennepin County Department of Court Services i,q 12/2/76 OPERATIONAL BYLAWS: HENNEPIN COUNTY - CRIMINAL JUSTICE COORDINATING COUNCIL ARTICLE I. ESTABLISHMENT The*Hennepin County Criminal Justice Coordinating Council (HCCJCC) is established pursuant to a joint- resolution passed. by Hennepin County, the city of Minneapolis and any number of suburban municipalities within Hennepin County which, together vilth the city of Minncapolis, contain at least 50 ,Par-cent of the tonal population of Hey if !P`111 County. ARTICLE TT- GENIERAL RURPOS E The }'i +""JCC is es,bl isiied as a f=orum through slv,,h i c h local un il-s o government- in Hennepin County may, by association, consultation and study, cooperatively promote improvements in the criminal justice system which transcend departments, agencies and the geographical boundaries of the individual communities. ARTICLE III. DEFINITION OF TERMS Sectic,n 1. For purposes of these bylaws. the terims' defined in this article shall have try;', ir!ea.nir; :� given thcm. Section 2. "Local unit of government" shall mean any local governmental unit from within Hennepin County which is a party to the joint resolution, but shall not include a public authority, 'a school district, an improve ment district or other special district. Section 3.• "Member" means a local governmental unit which executes a joint resolution declaring its intent to participate. -2- Section, 4. ".jgepresentative ".means an individual serving on the Hen- nepin County Criminal Justice Coordinating Council on behalf of eligible member units which enter into the joint resolution. "Representative also means an individual serving on behalf of arty pri -vate sector agency, organization and /QI'i association related to or sharing in.the!responsihility for they provision �f criwinl%l justic;, services .gin H enne "pin County, as V'e1 l as any spt c: i a f depar°tinents or or f -i l -eis as designated in thene byl a,,S Section 5. "Hennepin County Criudi -ial Julsticti Coordinat- ng Council ", which organization'is hereafter referred to as HCCJCC, means the organi- 7 ti-:,n cre +a-- -.cad purtuant to the joint " {3itlli(?it sr pt'L1 ">'iC "1 t,7r)n. k wetion 6. "tounc l �s P, _ Viz, th e.{ ; l e� �: "i'. „u,.,:.? i e"' sfi:i 4'�S who shall- serve as the governing body of the H'CUCC. IV. MEMBERSHIP Section 1. Any local unit of government in Hennepin County is elig- ible'for membership in and representation on the HCCJCC. Also, as provided in these bylaws, private sector agencies and/or associations',re1'atedto or sharing in the responsibility for the provision of Criminal justice services in Hennepin County, as well as any specially designated depart- ments or 'offices, are eligible for representation on the HCCJCC. Section 2. Any local unit of government desiring to become a member of the HCCJCC may oo`so by the duly authorized execution of a.copy of the joint resolution by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file an exe- cuted copy of the joint resolution with the Hennepin County Administrator. 0 9 - 3 - Section 3. Any suburban local unit of government desiring to become a member of the HCCJCC shall execute a joint resolution of participation and those same units of government which execute such resolutions shall jointly have the following representation on the HCCJCC: -a four individuals, either mayors or members of sub - -1 cii. councils, eleci.ed, through mailed nomi- na #.-ions and ballots by the mayors and council mem be =rs of patrti ci pat i ng suburban local units of 'gov- er ment; -- t4,o SLIburb an city selected by the Hennepin County meir )ers of' the tletropoli Can Area Association; end -- two :: burban t lice chiefs, /public sRfoty directors sclect,=d by th-e Hennepin Cn_u t.y me ibers of the Hennepin County Chiefs of Police Association. Section 4. Upon execution of a joint resolution of participation, the city of Minneapolis shall have the following representation on the HCCJCC: -- the Mayor of the city of Minneapolis or his designee; -- the Minneapolis City Coordinator or his designee -- the President or another member of the Minneapolis City Council; --the the ChM of the Minneapolis Police Department or his designee; -- the Minneapolis City Attorney or his designee; and -- a community representative selected by the Minneapolis City Council. Section 5. Upon execution of a joint resolution of participation, the county of Hennepin shall have the following representation on the HCCJCC: -4- -- the Chairman or another member of the Hennepin County' Board of Commissioners ;. -- the Hennepin County Administrator or his designee; - the Hennepin County Attorney or his designee; -- the Chief Judge of the Hennepin County Di..strict Court !or his designee; -- the Chief Mudge of the Hennepin' ennep i n County Municipal Clourt r fins designee; the Hennepin County Public Defender or his designee; -- the Hennepin County Sheriff or his designee; and -= the Director of the Hennepi ra County Department. of Court Ser v' ccs or his designee. S Ltion G. In Fe" " ",u_ry of 1977 and tech odd numbered year theree t.er the HCCJCC shall select four private sector agencies, organizations and /or associations for representation on the Council. Such agencies, organiza- • tions and /'or associations must have a direct relationship to the provi- sion of criminal justice services in`}ionnepin County. When selected,' these private sector agencies, organizations and /or associations will be notified by the officers of the HCCJCC of their eli- gibility for representation and requested to nominate representatives. Upon notification, they shall specify their nomination for representation on the HCCJCC and, when accepted by the Council, shall be entitled to full voting privileges. Section 7. The HCCJCC is duly established when the joint resolution has been executed by the county of Hennepin, the city of Minneapolis and any number of municipalities in the county which, together with the city ` 5 i of Minneapolis, contain at least one half of the population of the county and when executed copies from such governmental units have been filed as set out herein. Section 8. The initial members shall be those local units of gov- ernment is hich execute a joint resolution of participation on or before Etbr`u ary 1, 1977. Go eri3r3tcntai units wi s ,i ng to join the HCCJ i after Februar °y 1, 1977, . may do so c aly upon t -, er.ecut-,.'.)n and filing of a joint re: (Aution of ,p�nrticip1 ;;ion as s t out i'1e.� "i' Section 1. The governing body of t:h ,� HCCJCC shall be the Council. Each representative on the Council shell be entitled,to one vote. . Section 2. During the conduct of normal Council business or acti v•- ities, representatives shall serve without compensation from the HCCJCC, but this shall not prevent a representative,from receiving compensation for such expenses as are incurred from his appointing authority. Section 3. A majority of the representatives shall constitute a quorum of the Council Section 4. itrerc shall be no voting by proxy, but each r ep r esent-citive will be entitled to designate one alternate who shall be entitled to at- tend meetings from time to time, but may not vote in the absence of the designated representative. Section 5. Representatives shall serve at the pleasure of the ap- pointing authority. i Section 6. Three consecutive absences without good cause shall be sufficient reason for the Council to find a vacancy exists in the term of the representative involved, The Council shall first notify the representative of his pending termation and, if necessary, the appoint- i rig < u' hori ty fo he purpose o -r re ;u .�si i n3 the a. Pi 0-1 i llt;iZfit of n(. "N a r 1 "epr e.:z+f.331t a i J ve. .See -ti on 7. Vacancies on the Council shall occur- when the repliesen- tative ceases to hold the position which entitled him/her to representation or for ot},or reasons which shall prohibit the r presentative from at-end- ing duly, cnlled;r,,eAin�5 of 'i ?? Council. In thw evc,:ilt such a vacancy occurs, the appoin ing authority shall he notified and the Council shall request the appointment of a new representative. • ARTICLE VI. MEETINGS AND OFFICERS Section 1 Within thirty (30) days after the filing of the required number of joint resolutions of participation as set out herein, the first meeting of the HCCJCC shall be called and shall be held not later than .fifteen (15) days thereafter. Section 2. «i the first mec?.i. i ng of the Counc 1 and in, Febru zi-y of each odd numbered year after 1977, the Council.shall elect from its mem- bership two co- cha'rmen and a vice - chairman. The officers -shall be elected officials rom Hennepin County, the city of Minneapolis and a participating suburban local unit of government. Section 3. The Council shall have an Executive Committee consisting of the Council officers and two other representatives elected by the • Council for a term of two years. The Council may delegate authority to the Executive Committee to meet on its behalf between Council meetings. Such delegation of authority shall be by resolution of the Council and may be conditioned in such manner as the Council may deem. Section 4. The Executive Counittee shall have the authority to:. a. i3 ; :lop ac' ira "rstra tive pol 4cles and procedures for reco.mmenda- tion'to the Council. b. Develop revisions to these bylaws and policy staf malts for ! eCoi X,_,n�iat: ion to the Council. c. Act us required on thos= m !.tters wihich, hecz ".use Ol ti3n , must be decided upon betkioen Council miecti ngs . Prior, notice wti l l • be p, °uvided to all Council members advising tlhcm of the subject on which such action is contemplated. d. Report actions to the Council as soon as possible, but in no event later than the first Council meeting subsequent to the Executive Committee meeting. e. Council representatives shall be advised of the date, time and location of all Executive Committee meetings. Section S. Regular public meetings of the Council shall be held at least quarterly. Section G. Special meetings of the Council may be called (a) by the Co-- chairmen, (b) by the Executive Committee or (c) upon the written request of a majority of the representatives. Five days written notice of special meetings shall be given to the representatives and such notice shall in- clude the agenda for the special meeting. _8^ • Section 7. Notice.of regular meetings of the Council shall be given to the representatives.at, least ten (10) days in advance and the agenda for such meetings shall accompany the notice; however, business at regular meetings of the Council need not be limited to matters ,set forth in the agenda Section 8. Cos,.,alete and acctinrate minutes C?f each me ting of this Council be maintained and copies of said mingles shall be transmitted to the legal address of each Council representative prior to the next meeting of the Council Upon approval and adoption of these minutes,.a shall t ., � lvii hen t 7 (10) c��; -y � �(}j.9� 01 Sr,ilj" )� LY C:n'i'I3 i 1 +:vs �.?' C�1 l i ,i and otn"',r c ?f t icic "1 botiii `:i as api)ropr°iate Section g'. Rohert's Rules of Order Newly Reprised shall govern the proceedings at meetings of this Council in all matters not otherwise gov- erned by these bylaws. ARTICLE VII. POWERS AND DUTIES Section 1. The powers and duties of the Council shall include the powers set forth in this article. Section 2. The Council may appoint such subco;l'Pittees, committees and task forces as it cic- ms necessary.' Membership on committees and task forces may be drawn from Council members and representatives as well as from other public and private sector agencies, organizations and associ- ations. Section 3. When requested by the Council, and authorized by the Hen - nepin County Board,of Commissioners,.the Council may apply for donations, r 9 - gifts or grants of money or other property from the state or federal gov- ernment or any other rn govemental units, or individuals, foundations or other organizations, to perform other work or activities deemed to be consistent with the scope of these bylaws. The Council may accept such .a !d thrOUgh or with the authotIzation of the Hennepin County Hoard of as expressed by their resolution. Saction`4. The Council may study, or causs, to be studied, problems or su'lojects rclat inn to the provision of cri ainal just'ic-.e services within fl,,!i ii ,,pin C-ounty. Section oil 5. he Council may advilso. and w i d in the of coo dii'iaed sand, cooperative ive criminal ,justice sui- vices and programs 'rd3ti-in • llen cp i n' County. Section 6. The Council may render advice and technical assistance upon request to governmental units and agencies in Hennepin County, es- pecially in areas of an interagency or intergovernmental nature. Section 7. The Council may develop and make recommendations to local units of government and criminal justice agencies for the purposes of improving the quality and delivery of criminal justice services in Hen, nepin County. Section 8. The Council may analyze and cause to be published vari- ous statistical studies and other reports on matters related to the crimi- nal justice system in Hennepin County. Section 9. The Council shall function as the Law Enforcement Assis- -tance Administration (LEAH) criminal justice coordinating council for • 10 — rnment' within Hennepin Count and shall carry out those • units of gove � Y . duties and responsibilities as provided for in the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90- 351), and acts.amendatory thereto, in cooperation withlthe Governor's Commission on Crime Prevention and Control. S -u-i;i or, I.O. M10 action of the founci_l shall bind or alter t -he po--ier and c.3,' ° +su. °i'vy of ui ?� lU al unit Gi goVe' nl eivi or c�goncy in Hennepin COUiity. Furth ^�r, not -hi ng coIh GZ; i ned hor-C-In is intended or should be construed in any manner as crea ling or 'establishing the relationship of partners between i tie i'S . s 1 },:ii -iJ,g illn'I'i.:a of goy _ Or VS Cori st- iti "i �• 0 I• Section 2. To assist in providing this service, Hennepin County will apply for, accept and function as auditor and controller of funding made avialable under the Omnibus Crime Control and Safe Streets Act of 1968, and any acts amendatory thereto, from the Minnesota Governor's Commission on Crime Prevention and Control and any other appropriate private or pub- lic, local, state.or federal sources. lHo'haic'Pin Co,,,lnjL-y shall pirovide the ry to qualil"y for such planning grOtnt ap- shave of matching ftnids necessa,,� plications except for those grants w1herein matching ("+unt-Is are required for special protects which benefit or are utinique to o.,1) or more partici'4r gating iixfmbers, but not all participating morllbcrs' in which instances local match requireri-iients shall be the respaiisibility of t1he ben.efitt:'d members. Section 3. The responsibilities of the staff to the Council shall be those activities necessary to assist the Council in fulfilling the powers and duties outlined in these bylaws, primarily those duties and responsibilities associated with the conduct of LEAA programs within Hen- nepin County. Section 4. As provided in Section 2 of this Article and Article VII, Section 3, of these bylaws, the Council may retain special staff and sup- portive services to-perform other work and activities deemed to be con- sistent with these bylaws. ARTICLE IX. WITHDRAWAL, DISSOLUTION AND DURATION Section 1. Any member may, at any time, by resolution of its govern- ing body, give written notice of withdrawal from the HCCJCC. Actual - 12 - withdrawal shall -not take effect for a period of thirty (30) days from .the date that the written-notice of withdrawal has been received;by the HCCJCC. Section.2. The Council shall be dissolved (a) whenever a sufficient number of members, excepting licnnepi..n County, withdrai%, from the Council ¢. ii ,} r� pt ry y .!� } o- 1 y y Lo #�._ ,. iA. M! to tai IJL ili:�fyi, i.j E 11f ��_11il.j a,��t�') 1...:J. 'a I (-.,v .l � )i�'...l .�1,. n the Inei ;bers ci{ not reprd,;e'nt rt Icasi: one half of the county populafi,-ion; (b) by 'cy,i a i ,� is vote of all the representatives i ves on thy: Counc *1 ; or (c) by resolution of the Eennep n County Board of Commissioners. If dissolution C :cci'3`s tj`iti: j rov i 5 Gs ?s of this se-1-ion, : the Co'...u';1 must n: is i y its �i uJ 3 \5f'E• ). of l b isn ?fee... W(.) \.t• /s.. o1" V r: 6 U1 so I.A.-.. f conti w it pro- vide st t ; i s to its members for at Least sixty (CO) days f rom said notice of intent to dis'sol�ve. • Sec+ :ioh 3. In the event of dissolution of the HCCJCC, any property acquired as the result of the activities of the Council and any surplus monies .shall be returned consistent with the provisions of federal and state laws in proportion to the contributions of the parties executing joint resolutions after the purposes of the resolutiOF-t have been completed. Se�:1 :`iur3 The joint resolution author °izing the establishment of the HCCJCC shall continue in effect initially for one year and shall be conclusively deemed to have been .renewed by the participants each year thereafter until terminated in accordance with the terms of these bylaws. ARTICLE X. AMENDMENTS Amendments to!these bylaws may be proposed by any member, member representative or specially selected representative. Such proposed • 134 amendment shall be submitted in writing to every member and representative at least thirty (30) days prior to the time it appears on the agenda of a Council meeting. Proposed amendments must be approved at the Council meet- ing by the number of votes equal to a two - thirds I majority of the number of voting representatives. Before any amendment so approved by the Coun- cil representatives shall be in force and effect, it shall .be subject to the approval of a two - thirds majority of the members, including the county of Hennepin and the city of Minneapolis. J CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 15 Agenda January 10 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Commission and Liaison Appointments' Several commission and liaison appointments will expire in January or early in February. It would be appropriate for the city council' to consider the following appointments at the January 10, 1977 city council meeting: Planninq Commission There are three dull three-year terms to fill positions which expire January. 14, 1977. The three incumbents are Herbert Ketchum, Jr. , France' Anderson and Joan Helmberger. All three have expressed a desire to be reappointed. Also attached is an application from William Schlegal for this commission. Advisory Youth Commission One vacant position exists. for an unexpired three —year term with a termination date of June 1, 1978 and two vacant positions exist for terms which expire June 1 , 1979. No applications have been received, although several people have expressed an interest in being appointed. Park and Recreation! Advisory Commission Three full three -year terms will expire February 1, 1977. The three incum- bents are George T'ellgren, Donald Buckman and Don Anderson. Mr. Anderson has expressed an interest in being reappointed, but Mr. Buckman and Mr. Teilgren have advised us that they do not wish to be reappointed. Applications have been received from Bernard Mittelsteadt, Sandra Hill, Robert Gunderson, Al Payne and Stan Ronneberg for appointment to this commission. Copies, of these applications are attached. j Senior Citizens Advisory Commission There are three .full three -year terms io fill .positions which-expire February 1, 1977. The three incumbents are Mrs. -Dorothy Chellsen, Rev. Charles Jones Council Letter No'. 15 -2- January 10, 1977 and Harold Shebeck. All three have indicated that they do not wish to be reappointed. Applications from Ray Heebl and Alvin Olson are attached. Civil Service Commission _ One three Year term will expire February 1, 1977. Don Balmer has expressed his desire to be reappointed to this commission. No other applications have , been received. Advisory board_ of Health is necessary for the council to appoint two additional. members to this 'boc.zr? to conform v ith the statutory requi�reinent that the board. have nine members. Mr. William Siemers has expressed an interest in being appointed to this board'.'' Liaison Appointments In addition to these advisory board appointments, the city council normally makes'.numerous other liaison appointments` at the first council. meeting of the year. A list of these appointments is attached. Respectfully subm d, Wayne S Burggraaff City Manager W SB /e)a CITY. OF RI CNFI F.LD APPLICATION FOB!-f FOR INDIVIDUALS. DESIPINC TO SFRV.11 0" 2JUT ?ICIPAL ADVISORY CON"ISSIOYS On C01'YITTEES 1. Committee or commission for which application is being; madejy- j 3. Residence address 7S /4/ NL�-Y� S� A, No. Street Hy State Phone a 4. 5.o Business address--,,,,---- ,I e of employing agency D,-ate of birth_ -Date Address Position held ry Year 6. Local organizational rieI!1bersli1.)s and affiliations: 7, Briefly discuss aspects of your experience which you believe qualify you for this {�j,iici_pa.l Conm?ittee and why you are interested in ser.vi.ng C f -e- t.- - S. List the names of three persons who are thoroughly acquainted with your qualifications Fame Occupation Address Phone C Z 2. 9. S.1 gnat:ur. e of applicant 4 1 CITY OF RIC14FIELD q APPLICATION FORM FOR INDIVIDUALS DESIRING TO SFRVE ON MUNICIPAL ADVISORY COMMISSIOYS OR COI-WITTEES �^ 1.a Committee or commission for which application is being made Park & Recreation - I 2, name Bernard A. Mittelsteadt 3. Residence address 6996 Lakeshore Drive Richfield Minnesota 866 -9671 No. Street City State Phone 44. Business address Orr Sc;he-l-en- Mayeron & Assoc:. , Tnc o 2021 E. Hennepin �Pres . Name of employing agency Address �r Position held Mpls . , PIN 55413 5. Date of birth 15 29 1 ~ Month �Date� Year _....._.._._.,_.�..�._ 6, Local organizational memberships and affiliations, a. Pic:h:l: - el d Qua .erha.ck ('T u) { b. Richfield Backcourt. Clu..h Ri-chfield Duf rout Club I 7. Briefly discuss aspects of your experience which you believe qualify you for this Municipal Committee and why you are interested in serving My experience as a. civil engineer and involvement in several_ 'recreational organizations in Richfield over the past twelve years should complement other_ talents on the committee. 8. List the names of three persons who are thoroughly acquainted with your qualifications Name Occupation Address Phone 1. C. H. Goldsmith Mechanical Eng. 5509 Morgan Ave. So. 922 -9382 2, Wayne R. -Long Civil Eng. 7216 W. 18th Street 545 -2429 3. Ernest E. Fenton. Electrif:;l Eng. 5028 Queen Ave. So. 920 -0613 .` 9. Signature of applicant 1. 2. 3. 4. 5. i s. CITY OF RICHFIELD °APPLICATION FORM FOR INDIVIDUALS DESIRING TO SERVE ON MUNICIPAL ADVISORY COMMISSIONS OR COMMITTEES Committee or commission for which application is being made --� GC�ii1 WRL e aj Name Residence address �D ac) No. Street City Phone { Business address Name of employing agency. Address Position Held Date of bir th ��t Month Date Year Local organizational memberships and affiliations: �1Um✓ a. b. C. - -- i Briefly discuss aspects of your experience which you believe qualify you for this Municipal Committee and why you are interested in serving. � sh'11 � N-r-1 I A - - _a An Z_. Qfts 8. List the names of three persons who are thoroughly acquainted with your qualifications Name Occupation Address Phone Mtka 935 -2660 1. Linda Santwire Copy Writer 15919 N. Wood Gate Rd Wk 932 -3100 { 2. Donna Peterson Housewife -LWV 6324 Russell 866 -7061 Fritz Slesland Farmer Belgrade, MN 1- 354 -4515 e 3. (call collect) 9. Signature of applicant l 3. 4. CITY OF RICHFIELD d APPLICATION FORD FOR INDIVIDUALS DESIRING TO SFRVE ON M TICIPAL ADVISORY COMMISSIONS OR C0MINITTEES Committee or commission for which application is being made Name QQ 13 Q—: /C -1 `��! . U /c✓ QJ G --k, Vi c? ") (� e `7 �o ^ Residence address No. Street City State Phone Business address _ N� 5 /�� '`'�j'� �' c %u ijC� •'u , + 'Name of employing agency Address Position held 5. Date of birth 1 - 6 --C i i J Month Date 6. Focal organizational membershi and affiliati ns: a. / —iT' CU. o Year Qi� Briefly discuss aspects of your experience which you believe qualify you for this Municipal Committee and why you are interested in serving List the names of three persons who are thoroughly acquainted with your qualifications Name�1/ OcAupation / 1. 3. Signature of applicant f�! Ad ess Z, C- t ne V b/ S�6 CITY OF RICHFIELD APPLICATION FORM FOR INDIVIDUALS DESIRING TO SERVE ON MUNICIPAL ADVISORY COMMISSIONS OR COMMITTEES 1. Committee or commission for which application is being made 2. Name _- �L%, Yy� -- 3. Residence address o C /INGr AlE 2 77(' -� No. Street City Phone 4. Emsiness address I��LS. � L -lG �/ �, �cJ 0'✓ �� '��.�,d. . �_ .w`� t` 2 {{ Name of employing agency Address Position Held i S. Date of birthJr�v� Month Date Year i I 6. Local organizational memberships and affiliations; '1'!d �... b. ...... c. Briefly discuss aspects of your experience which you believe qualify you for this Municipal Committee and why you are interested in serving. L-/D lr5 r_ tJ ! �,✓J ,1 `E'�t,�C' r� '4"�.� � �C CS ! Gtr -S _ 8. List the names of three persons who are thoroughly acquainted with your qualifications Name Occupation rAddress Phone- Lz 2. 3. 9. Signature of applicant A______ -- -_ s i V�- c: CITY OF RICHFIELD APPLICATION FORM FOR INDIVIDUALS DESIRING TO SERVE ON MUNICIPAL ADVISORY COMMISSIONS OR COMMITTEES 1. Committee or commission for which application is being made Park & Recreation 2. Name H. 5tanl ev Ronn hang 3. Residence address 7.141 -1st Ave. So. Richfield 866 -�?35 No.. Street City Phone 4. Business; address The Good Snorts Co. 2105- 1!?orthland 1a���e of err;raioying ac3encl A- d~dr.ess Position Held 5. Date of birth - Month Date Year 6. Local organizational memberships and affiliations: 8. 0 a. Girls y Softball b. Hockey Association C• Briefly discuss aspects of your experience which you believe qualify you for this Municipal Committee and why you are interested in serving. Interested in youth and community involvement. Richfield has been mood to my family, and I feel an obligation to serve. -_ -- List the names of three persons who are thoroughly acquainted with your qualifications Name Occupation Address Phone- 1. Bob Gunderson -17 Mg-r. 651!4 -Sheri din P6A -�?0R 2-; Larry Gates Toro IIfg. 750 - Aldrich 866 - -. 666a -- 3. Leo Poehlirg /Teacher 445 -14th Ave. 86.1 - •7.90,9 Signa '.:ure of applicant`= `!x:Z�z���ffi "-16PHYNI A11,1 pj@ CITY OF RICHFIELD APPLICATION FORM FOR INDIVIDUALS DESIRING TO SERVE ESN 7f1 �J MUNICIPAL ADVISORY COMMISSIONS OR COMMITTEES 1. Committee or commission for which application is being made Senior Citizens Name 3 Residence address —Z � A L2�- No. Street City Phone 4. Business address Position '.._3_ s ld �,ojj7ng, agency Addr-,tss Cf 5. Date of birth 115— t Month Date Yea 6. Local organlzFitional memberships and afflUlations: a. b. . ........ C. Briefly discuss aspects of your experience which you believe qualify you for this Municipal Committee and why you are interested in serving. (74 c N 14 k/17 "S ,1!3C i L T) 8.- List the names of three persons who are thoroughly acquainted with your qualifications Name Occupation Address Phone 1. ���1�..'_�_____S )� �l �v s N - ��l c 7-MCTRL-- -Tf L T�3,'2. L D 2. Kic*—eb A-62—aLLI-- _Z4 3. c- A-Ak/ 9. Signature of applicant CITY OF RICHFIELD APPLICATION FORM FOR INDIVIDUALS DESIRING TO SERVE ON MUNICIPAL ADVISORY CQMMi.SSIONS OR COMMITTEES ` I P 2 Committee or commission for which application is being made. -•-� 2. Name v Residenc e address _ 6 3 G Phone _3. No Street city I 4. Business address /6&A'-,e Address Position Held, Name agency pp of empioying � S. to of birth Date Year Month 6. Local organizational memberships and affiliations: �(7, Qt a. i b . L1 C. ve ualif you for this Briefly discuss aspects of your experience which you belie q y , Municipal Committee and why you are interested in serving. ' D R r t' 8. List the names of three persons who are thoroughly acquainted with your qualifications i Address Phone„ ? Name Occu anon _ 3.�,� ' g. Signature of applicant�C�� �- ` r,1 0 0 o a o 0 1 N 4.1 C o C a� 4-3 4-4 U. U U U U U N N L L L L L sC. �a sC. QQQ� QQa 4L 4-A c C4 i� C4 4"' o 0) o rn r" OD E � 14,< a< as ,a i a� L o (o O ; � .y.. r) ro ra N U m 41 U] o N�0+ s. 4-j 'N 4-3 0) m '0 Q�. wQ -Aa aA�olC3 roro OaoaU E E _4 C C1 c. m rn Cl) iL Q. CL �+ a r7 , ra a) ra 4 r0 0 0 O o 0 L 0 +�.i 4-J +�.� iJ ro U U U U U U N N U) L L L L L L yC, y L 04 L sC. a sC. ro Q A A Cl Q Q a ro a a U Z7 5 'az) C � � ra 0 + } o U = U CO Url) U U ro CD 4i ro sue. N ra :5 C o z O C -� C M i c U C� 0 E cc Q > a w a << C C L �. .� U .c -� r ro C C a C4 c o o ra ra rr�3! y -O O S2 L E 41 L o ro ro ro ra G 4.4 a i U) � V 4-4 rd a) (a to 0 E-+ O C O O o 03 a �: O C C G rn w H U H a H aC -J i1. y L a� ,a a ro 0 � 0 L L � Co. r 0 J U 0 C. 0 .0 0 r3 mo .-a 0� m m 0 .0 0 .4a 4-b � 4-1 ,J 4 a s... t s. L o 0) o rn 4--1 � 14,< a< as ,a i L FI W ; � .y.. r) 4-3 4-3 U m 41 ro Ul N�0+ 'N 4-3 4-A as Q�. wQ -Aa E E _4 C C1 m Cl) iL Q. CL CA a r7 , ra a) ra 4 r0 (0 0 ro ro 0 ro ro U) L � ro ro ro E C ro ro Z3 3 'O o Z7 5 'az) C � � ra 0 + } U = U CO Url) U U ro 0 ro 4i ro sue. N ra :5 C o z O C -� C M i c > cc Q C() < a w a << z.. a� a c m a cz . k . m a� � o rnI � a� U En 0 a� 1-4 a x - a a@ C: rn rn m rn m o � U Q � o o� o o w s. . ra 3 0° -J as wa as is a� a� co to (Cl,� as �a °a o� o� o� o �. w 0 �. En s.. U " :. �� �� aQ wQ arc as as E 0 m v rn ` 4-3 ° E ° � .4 � El .+ 0 U o 0 0 o o a. �. �. 0 " a. -' a. t Q. a a, co --4 a. a. Nro a) ro s. ow ro 10 U) EO ro ro ro Q ro m °3 rd �� m rn s, o C: s. aC " , o U� S. C. s. ro o-0 �zs f° `° � iz c`oi .( () U g , 0 U a x w w a a CO z.. a� a c m a cz . k . m a� � o ° 0 0 U En 0 a� 1-4 a x - a a@ C: rn rn m rn m o � U Q � CITY OF R?CHFIELD; MINNESOTA Office of City Manager Council Letter No. 14 Agenda January 10, 1977 The Honorable Mayor and Members of the City Council ity q ,RLchf eld Gerst:ene`n: Subject: 'L /H /N Public Improvement Right --of -Way Acquisitions On November 29' 1976, the city council and the HRA held a public hearing foi the public improvements of the L /H /N area,-,and ordered the project. At tl .at i:ime, the: city council authorized initiation of negotiations for acquisition of the needed right --of -way. However; the appraisals for all the right -of -ways had not been completed at that time Viand, the council deferred establishing just compensation until adequate appraisals. were received. We have now received two appraislas from independent appraisers (Janski & Gibson and Mr.: Vern Anderson) for most of the parcels the city council is acquiring. -It is recommended that the city council adopt the attached resolu- tions establishing just compensation M the following manner: 1. Betty Crocker Pie Shop, $314,225 2. Standard Oil Station, 66th and Lyndale, $136,000 3. Bard property on 66th Street, $32,900 4. Mobil Oil on 66th Street, $14, 821 5. Holy Angels on Nicollet Avenue, $18,122 6. Kentucky Fried Chicken on Lyndale Avenue, $10,271' 7.. Richfield Bank on Lyndale Avenue $8,284 Respectfully submitted, Wayne S. Burggraaff City Manager WSB /eja cc: Planning Director r Finance. Director Public Works Director t CI1'Y RESOLUTION NO. RESOLUTION ESTABLISHING FAIR -MARKET VALUE AND PROVIDING FOR THE C0M1%R-"NCFA1ENT OF NEGOTIATIONS FOR THE PURCHASE OF REAL PROPERTY WI-IEREAS, the Richfield City Council (City) desires to purchase certain real property, pursuant to and in furtherance of the Lyndale /Hub /Nicollet Redevelopment Project heretofore adopted by the City and. the Richfield Housing and Redevelopment Authority, said real property being described as'follows: An easement for public right -of -way pu,sposes over, i.id.er, and across the south 390 feet of the north 440.00. feet of the vest 17.00 feet of the east 50.00 feet of the North Half of the Northeast Quarter: of the Southwest Quarte' r of ,Section 27, Township 28, Range 24, County, Minnesota, and over, cinder and across that part of said North Half contained within an equilateral triangle which easterly side is coincident with the west line of the east 50.00 feet of said North Half, and northerly equal side is coincident with the south. line of the north 50.00 feet of said North Half, the lengths of said equal sides are 10.00 feet. Containing not more than 6,640 square feet or 0.152 acres; and VkHEREAS, the City has caused appraisals of the subject.property to be made, has carefully considered such appraisals, and believes the work of such appraisers was p ;z loi ned in a. competent manner and in accordance with applicable law; NOW, THEREFORE, BE IT RESOLI91D BY 'DfE CITY COUNCIL OF THE CITY OF RICHFIELD: 1. That $18,122 is determined to be just compensation for the subject real property. 2. That the City Manager and the City Attorney are authorized and directed to commence negotiations for the purchase of the real property described above. 3. That the City Manager is hereby directed to notify, in writing, the owner of the subject property, as soon as possible, that the City presently intends to acquire his property provided negotiations result in the determination of • nPatually agreeable sales price. The City Manager shall include with such notification • statement which complies with the requirements of regulations of the Departmiant of Housing and UrbTa Deirel.op:;l.Dnt, 24 C.F.R. f42.13S. 4. That upon the completion of the negotiations, the City Manager shall report back to the City with a proposal for the purchase of said real property which is acceptable to the owner(s), and shall report his recommendation relating to said proposal. Passed by the City Council of the City of Richfield this day of 19—. _. ATTEST: 1 aims J. Moran�City C1�'�c Oren L. Lair Mayor CITY RESOLUTION <NO. RESOLUTION ESTABLISHING FAIR MARKET VALUE AND PROVIDING FOR THE COI MENCEMENT OF NEGOTIATIONS FOR TFiE PURCHASE OF REAL PROPERTY WHEREAS, the Richfield City Council (City) desires to purchase certain; real property., pursuant to and in furtherance of the Lyndale /Hub /Nicollet Redevelopment Project heretofore adopted by the City and the Richfield Housing and Redevelopment Authority, said real property being described as follows: An easement for public right -of -way purposes over, under, and across the following described, property: That pert of Lots b, 7, and 8, Block 1, Fa.ia°wood Shores, according to the recorded peat thereof, ,lying northerly of the following described line Beginning . at .a point on the .'nort lWeste-rly Line of said Lot 8 distant 30. 00 feet southwesterly from the most nor;"herly corner thereof; th rice easterly to a point on the portbeasterly line of said Lot 7 distaiA 20.00 feet. southeasterly from the I-IOst northerly cornier. thereof; thence easterly to a point on the easterly line: of said Trot b distant 25.00 feet southerly from the northeast corner thereof, and there teininating. Containing 3,250 square feet or 0.075 acres, more or less; ; ante': WPI REAS, the City has caused cppra.isaIS of the subject: property to be made, has carefully cozlsidered such appraisals, and be i i v s the wo. k of such appraisers ' -VT ,s performed in a coil ?pett t liialyner on,1. in accordlc,. l to with applicable law; NOW, ,MER.EFOIRE, BE IT RESOLVED BY Tx LE CITY CO; t?CIL OF THE CITY OF RICHFIELD: 1. That $14,821 is determined to be just compensation for the subject real property.. 2. That the City 14an.ager and the City Attorney are authorized and directed to con'lmence negotiations for the purchase of the real property described above. 3. That the City Manager is hereby directed to notify, in writing, the owner of the subject property, as soon as possible, that the City presently intends to acquire his property provided negotiations result i.n the determination of a mutually agreeable sales price. The City Manager shal1 include with such notification a statement which complies with the requirements of regulations of the Department of Housing and Ui-b,,in Development, 24 C.F.R. 842.135. 4. That upoii the completion of the negotiations, the City Manager shall report back to the City with a proposal for the purchase of said real property which is acceptable to the owner(s), and shall report his recommendation relating to said proposal. Passed by the City Council of the City of Richfield this day of 19—. -- ATTEST: Tomas J.-Moran` City Cler Lore n- aw mayor CITY RESOLUTION NO. RESOLUTION ESTABLISHING FAIR 14kRKET VALUE AND PROVIDING FOR THE C014vIENCEivENI' OF NEGOTIATIONS FOR THE PURCHASE OF REAL PROPERTY IqL -REAS, the Richfield City Council (City)• desires to purchase certain real property, pursuant to and in furtherance of the Lyndale /Hub /Nicollet Redevelopmai-it Project heretofore adopted by the City and the Richfield Housing and Redevelop,i, zit Authority, said real property being desc.- l.bed as follows: Easements for public right -of -way purposes over, under, and across the following described property: Lots 1, 2, and Lots 11 through 17, inclusive, Block 1, Fair;,00d Shores, according; to the recorded plat thoreof. Said easements are described as follows: That part of said Lots 1 and 2 lying northerly of a line drawn from a point on the easterly line of said Lot 1 distant 35.00 feet southerly, as measured at right angles, from the north line of said Lot 1 to a point on the westerly line of said Lot 2 distant 25.00 feet southerly, as measured at right angles from the north line of said Lot 2. And, the easterly 22..00 feet of said Lots 16 and 17 and that part of said Lots 14 and 1.5 lying ea :..-tcrly of a lane drain from a point on the northerly lire of said Lo ' 15 distant 22.00 feet westerly, as measured at right angles, from the easterly line of said Lot 15 to a point on the southerly line of said Lot 14 distant 1.0.00 feet westerly as measured at right angles, from the easterly line of said Lot 14. Said easements contain 7,570 square feet or 0.174 acres more or less; and lfflEPEAS, the City has caused appraisals of the subject property to be made, has carefully considered such appraisals, and believes the work of such appraisers was performed in a competent manner and in accordance with applicable law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF RIC21FIELD: 1. That $32,690 is determined to be just compensation for the subject real pop -erty. 2. That the City IManager and the City Attorney are authorized and directed to commence negotiations for the purchase of the real. property described above. 3. That the City lManager is hereby directed to notify, in writing, the owner of the subject property, as soon as possible, that the City presently intends to acquire his property provided negotiations result in the determination of a mutually agreeable sales price. The City Manager shall include with such notification a statement which complies with the requirements of regulations of the Department of housing and Urban Development, 24 C.F.R. 842.135. 4. That upon the completion of the negotiations, the City Manager shall report back to the City with a proposal for the purchase of'said real property n LJ which is acceptable to the owner(s), and shall report his recommendation relating to said proposal. Passed by the City Council of.the City of Richfield this day of 19 ATTEST: T ornas J. [vIorazn— C,TI 'Clerk. Loren L. Law i ayo� r 9 CITY RESOLUTION NO. RESOLUTION ESTABLISHING FAIR MARKET VALUE AND PROVIDING FOR THE COM - 1EiNCEA•IENT OF NEGOTIATIONS FOR THE PURCHASE . OF REAL PROPERTY WHEREAS, the Richfield City Council (City) desires to purchase certain real property, pursuant to and in furtherance of'the Lyndale /Hub /Nicollet Redevelopment Project. heretofore adopted by the City and the Richfield. Housing and Redevelopment Authority, said real property being described as follows: An casement for public right -of -way purposes over, under, and across the northwesterly 1.7.00• feet of the following described property: Lots 8, 9; and 10, Block 3, Lyndale Shores on Wood Lake, according to the recorded plat thereof, except that part of said Lot 8 described as follu��rs: Beginning at a point on the northwesterly line of said Lot 8 distant 30.00 feet northeasterly from the southwesterly corner thereof; thence southwesterly to said southwesterly corner; thence southeasterly 40.00 feet along the southwesterly lane of said Lot 8; thence northwesterly to the point of beginning. Said easement contains 11800 square feet or 0.041 acres, more or less; and hIlEREAS, the City has caused appraisals of the subjcct property to be made, has carefully considered such appraisals, and believes the work of such appraisers was performed in a competent manner and in accordance with applicable law; • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNICIL OF THE CITY OF RICHFIELD: 1. That $8,284 is determined to be just compensation for the subject real. property. 2. That the City Manager and the City Attorney are authorized and directed to commence negotiations for the purchase of the real property described above.. 3. That the City Manager is hereby directed to notify, in writing, the owner of the subject property, as soon as possible, that the City presently intends to acquire his property provided negotiations result in the determination of a mutually agrecable sales price. The City Manager shall include with such notification a statement which complies with the requirements of regulations of the Department of 'Housing and Urban Development, 24 C.F.R. §42.135. 4. That upon the completion of the negotiations, the City Manager shall report back to the City with a proposal for the purchase of said real property which is acceptable to the owner(s), and shall report his recommendation relating to said proposal.. Passed by the City Council of the City of Richfield this day of 19—. `– Loren L. Law Mayor ATTEST: T 1�oomas J. i4oran ~ Ci Clerk CITY RESOLUTION NO. RESOLUTION ESTABLISHING FAIR MARKET VALUE AND PROVIDING FOR THE COMMH14CEMENT OF NEGOTIATIONS FOR THE PURCHASE OF REAL PROPERTY WHEREAS, the Richfield City Council. (City) desires to purchase certain real property, pursuant to and in furtherance of the Lyndale /Hub /Nicollet Redevelopment Project heretofore adopted by the City and the Richfield Housing and Redevelopment Authority, said real property being described as followvs : An easement: for public right-of-way pu7:poses over, under, and across the northwesterly 17.00 feet of the following describe&-. property: All of Lots 6 and. 7, Black 3, Lyndal.e Shores on Wood Lake, according to the recorded plat thereof, and that part of Lot 8, said Block 3, described as follows: Beginning at a point on the northwesterly line of said Lot 8 distant 30.00 feet northeasterly from the southwesterly corner thereof; thence southwesterly to said southwesterly corner; thence southeasterly 40.0`0 feet along the southwesterly line of said Lot 8; thence northwesterly to the point of begi.rniing. Said easement contains 2,102 square feet of 0.048 acxes, more or less; and WHIER ZEAS, the City has caused appraisals of the subject property to be made, has carefully considered such appraisals, and b-lieves the work of such appraisers was performed in a competent mamier and in accordance with applicable law; • NCXV, lIII;REFORE, BE IT RESOLVED BY THE CITY COU\TCIL OF THE CITY OF RICHFIELD: 1. That $101271 is determined to be just compensation for the subject real property. 2. That the City Manager and the City Attorney are authorized and directed to commence negotiations for the purchase of the real property described above. 3. That the City Manager is hereby directed to notify, in writing, the owner of the subject property, as soon as possible, that the City presently intends to acquire his property provided negotiations result in the determination of a mutually agreeable sales price. The City Manager shall. include with such notification a statement which complies with the requirements of regulations of the Department of Housing and Urban Development, 24 C.F.R. 842.135. 4. That upon the completion of the negotiations, the City Manager shall report back to the City with a proposal for the purchase of said real property which is acceptable to the owner(s), and shall report his recommendation relating to said proposal. Passed by the City Council of the City of Richfield this day of 19 — ATTEST omas J. Moran —Ulty Cler �o'ren aw ayor it 0 CITY RESOLUTION NO. RESOLUTION ESTABLISHING FAIR MkR1a3T VALUE AND PROVIDING NCEE -FOR 1111E CO Mi OF NEGOTIATIONS FOR THE PURCHASE OF REAL PROPERTY AND Ii,, LOVABLE FIXTURES WHEREAS, the Richfield City Council_ (City) desires to purchase certain real property and immovable fixtures as identified by the fixture appraiser, pursuant to and in furtherance of the Lynn. ale /Ilub /L?icollet Redevelopment Project heretofore adopted by the City and the Richfield Housing and Redevelopment Authority, said real property being described as .fol.lo.,Ts: Lots 18 and 19, Block 1, Fairwood Shores Addition, Hennepin County, Minnesota; and WHEREAS, the City has caused appraisals of the subject property to be made, has carefully considered such appraisals, and believes the. work of such appraisers was performed in a competent manner and in accordance with applicable lair; N91,11, THEREFORE, BE IT .1,,)-1-SOLVED BY 711 CI7Y COUNICIL OF 11-13 CITY 01? RICHFIELD: 1. That $135,01 .00 is determined to be just compensation for the subject real property and immovable fixtures. 2. That the City Manager and the City Attorney are authorized and directed to corranence negotiations for the purchase of the real property and immovable fixtures described above. 3. That the City Manager is hereby directed to notify, in writing, the owner of the subject property, as soon as possible, that the City presently intends to acquire his property provided negotiations result in the determination of a mutually agreeable sales price. The City 114anager shall include with such notification a statement which complies with the requirements of regulations of the Department of Housing and Urban Development, 24 C.F.R. 842.135. 4. That upon the completion of the negotiations, the City Manager shall report back to the City with a proposal for the purchase of said real property and immovable fi- xtures which is acceptable to the owner(s), and shall report his recommendation relating to said proposal. Passed by the City Council of the City of Richfield this day of 1.9 ATTEST: Thomas J. Moran City Clerk —Loren L. aw Mayor I CITY RESOLUTION NO. RESOLUTION ESTABLISHING FAIR MARKET VALUE AND PROVIDING FOR THE COT,,t ENCEMENT OF NEGOTIATIONS FOR THE PURICI-IASE OF REAL PROPERTY AND IMA)VABLE FIXTURES WHEREAS, the Richfield City Cou -ncil (City) desires to purchase certain. real pa- operty and i?Lnovable fixtures as identified by the fixture appraiser, vu-,Cs ian : to and. in fu theranc:e of tIl£; I ndc21. °�iil?fi�Ni.cCi i.1.et RedevelopmeI7.t. Project heretofore ,�;.dopted by the City and the, Richfielcl housing and Author .J ty, said z c:a3_ property being described as foll.ons : Lots 3, 41S and 5, Block 1, Fairwood Shores Addition, Hennepin County, Minnesota; and W-IER LS, the City has caused appraisals of the subject property to be made, has carefully considered such appraisals, and believes the work of such apt raisers was performed in a competent manner and in ac.cordatnce with law; BE IT PdiSO,;ura;I) ?3Y l.1CI`I'Y COLTCdi;II, OF Tllr: CITY OF RIG"r�`_i:I'LD: I. That $314,225.00 is determined to be just coimpensa.tion for the subject • re tl. property and immovable fixtures. 2. That the City Manager and the City Attorney are authorized and directed to continence negotiations for the purchase of the real property and immovable fixtures described above. 9 3. That the City Manager is hereby directed to notify, in writing, the owner of the subject property, as soon as possible, that the City presently intends to acquire his property provided negotiations result in the determination of a mutually agreeable sales price. The City Manager shall include with such n.ot.i.fication a statement which complies with the requirements of regulations of the Department of Housing and Urban Development, 24 C.F.R. 542.135. 4. That upon the completion of the negotiat.ions, the City MI- n.ager shall report back to the City with a proposal for the purchase of said real property and immovable fixtures which is acceptable to the owner(s), and shall report his recommendation relating to said proposal. Passed by the City Council of the City of Richfield this day of 19—. KFIEST: Tiorras J. ITloran City Clem' Loren L. Law Mayor CITY OF RICHFIELD RIGHT-OF WAY ANf OR EASEMENT AQUISITION " � }ice ����.`.:_ - -�• -- __ � -- - -_- a =F w� so oo. •ey o i • - y•n o•• • moo �.� •eso 00 p nj o C3 t33 s dy t> °F• !6 /3 TOTAL- AREA 20,000 S.F. PARCEL NUMBER w� RIGHT-OF-WAY 'ZO,_ APPARENT OWNER GENERA- VOLLS 19C. NET AREA ��- +� PERMANENT EASEMENT TEMPORARY EASEMENT `w - — ,} N,•,:t} tiF ,.:tt.. } F "i•h >NhhF (i•a'rSA lh , .. .. °--.• . isc sazcaCa isY.ro•'ua:.ir.:.tmASfP.:vs.c : 'rx.'3^Ada6'X;+Yi�C'.�- :.ti+�SW I' • i z . M n^e ti � e iR" ' � } J' •�"` N',r is 4 43 a4 d O y� o• oa oa s • •° Q�, o e4 °• o . ✓ o o � io ;erg ca cn a'r 1 IL TOTAL AREA 2I �O0 S.F. PARCEL NUMBER 4° RIGHT-OF-W. 32 S•F• APPARENT OWNER C7CQt�� !` �Q�11- ©tl� C�J, NET AREA E F' PERMANENT EASEMENT TEMPORARY EASEMENT RIGHT OF-WAY. AND/OR EASE,MENT AQUISITION 41 taa CL .TOTAL AREA 7G0,000 S.V- RIGHT-OF-WAY —Co.G40 S. NET AREA 5?5.0240 • PARCEL NUMBER 5 I , F 1. . ji lfi E. (,-Ii, Lu of APPARENT OWNER ; ANGELS Aot\t)t� PERMANENT- EASEMENT--- — I _j LJ i.14 PLANNING TRANSPORTATION ENGINEERING ARCHITECTURE 5A THER. RINGROSE. WOLSFELD, INC 612'831.2300 TEMPORARY EASEME_NT 7101 YORK AVENUE SOUTM EDINA. MINNESOTA 55405 I TOTAL AREA 15 ZZb 5.F PARCEL NUMBER 6 RIGHT- OF-WAY al 02- G • 'F• APPARENT OWNER SH.E1.L OIL- o. ET AREA PERMANENT EASEMENT KAMAN,- IRAN5P.HIA,IIN EMiINEEHING ARCHTECTURE TEMPORARY EASEMENT °�"` BATHER K kVENISE O UTH LO INC DI 6,OTA 55700 7101 YORK A�vE NtIE SOUTH EOINA. MINNESOTA SSd75 try;-_. �sp¢unLy+a^ t RICHFIELD • r v RIGHT4 e• W. GOA •• L 'am A , � �+ to / cn � is n l • ��. In 4 Jam• � e ° °° 3 , 1 5 N _N s�. TOTAL AREA , ion Aso S.F. RIGHT-OF-WAY 1800 S.F. NET AREA PERMANENT EASEMENT TEMPORARY EASEMENT PARCEL NUMBER 7 APPARENT OWNER �tC��Ei -7� BANK ¢ TPOsi' PLANNING NSPUR1ATION ENGINEERING ARCHITECTURE BATHER, RINGROSE, WOLSFELO. INC 612'631.2700 - 7101 YORK AVENUE SOUTH EOINA. MINNESOTA 55435 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 13 Agenda January 10, 1977 G The Honorable Mayor it and Members of the City Council City of!Ricbfield C ntlem8n: Subject: Tabulation and Award of Bids for City. Project No. 692, Improvements to the Central Garage Pursuant to previous city council approval;` on January 7, 1977 the city manager opened and read aloud bids submitted for City Project No. 692, improvements to the central garage. Also representing the city at the bid opening were t.he',pubiic safety director-, park and recreation director,' and the finance director. A copy of the bid tabulation and minutes is attached. The bids received were for the installation of concrete flooring and adequate drainage for the east side garage building. The floor space to be improved is approximately 8000 square feet, and previous city staff estimates indicated that the work should cost approximately $22, 200. Nine companies submitted 17ids to perform this work. The low bid was sub mitted by Earl Weikle & Sons, Inc. in the amount of $19,463.20. This bid is 12% below the estimate. The staff has analyzed this bid and found it to meet specifications. The city has had previous satisfactory experience with this firm for work performeu at the ice arena. 1 It is, therefore, recommended t h at the city council take the following actions: 1. Approve the bid . tabulation and minutes 2. Award the bid from this project to the low bidder, Earl Weikle & Sons Inc. in the amount of $19,463.20: 3. Authorize the city manager to enter into a contract with this firm for the completion. of this project. e ectfully sub ted Wayrh S. Burggraaff City Manager cc: Public, Works Director Finance Director • 0 I Q H PQ E�-i H C-- O U- r{ ON O N L- O O ^ CV N O In \10 r^ M N O ON •r-1 U ^ N r-$ O N N o CV + \-O N CA i L r� O Ef P: C r-i �L i P-4 cd Cd U 5a cd 0 U�U(O'1� Q I r-i 0 ti 0 1 O O U L \ - Lt\ U\ O Q H O N E-4 +3 Qi ri N O •ri 0 rd P O "1 O H 0 W 0 I Q H PQ E�-i H O N M ON H O U- r{ ON O N O O M M N N O O ^ CV N O In \10 r^ M N O ON •r-1 U ^ N a� bf •,-i O N M .}� r--1 2 N O N O N N o CV + \-O N Ef H U L \ - Lt\ U\ U\ U1 Lt\ lf\ LT P� W P4 Pa Pq W Pa W W Pa W P� P4 P� Pa Pa W CI C: H U n 5 'tea H Cd pq O n t; Pq H O Fi N ca cil ca H co pi j a cad U W U cd xrl a O H - • � U. W KC x x d r b! r0 O O U N ) Si N U � U cd O U O u� U O' tip cd :C 4 N O\ r{ i 1 ti F-i to O N •rf r-4 �q cd W E 0 1:: O r! v 4-t •ri C? 6) Pf t�A F'. •r-P Q2 Al `ry O F-� F O H 4`. I U ca CITY OF RICHFIELD Bid Opening January 7, 1977 Concrete Floor - City Garage City Project No. 692 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative staff was called by Wayne S. Burggraaff, City Manager, who announced that the purpose of the meeting was to receive, open and read aloud, sealed bids on Con- crete Floor for the'City Garage as advertised in the official newspaper on December 15, 1976. Present:. Wayne S. Burggraaff, City Manager Don Fondrick, Parks. & Recreation Director Tom Morgan, Public .Safety Director Frank Boyles, Administrative Aide Art Bailey, Engineering Technician Thomas J. Moran, City Clerk The following bids were submitted and read aloud: BIDDER BID SECURITY TOTAL BID _tl Donald D. Frantz +600.00 5% Bid Bond $26,296.00 Hage Construction Co. 5% Bid Bond 36,052.00 ADB Construction Co., Inc. 5% Bid Bond 20,961.50 ABJ Enterprises, Inc. 5% Bid Bond 23,161.50 K, J. Johnson Construction, Inc. 5% Bid Bond _ 22,318.00 • Earl Weikle & Sons, Inc. 5% }aid Bond 19,463.20 Arnold Beckman, Inc. - 5% Bid Bond 24,5_12.90 Healy,.Inc. 5% Bid Bond 22,738.00 Carlson- Levine, Inc.', 5% Bid Bond 25,217.00 0 The City Manager announced that the bids would be tabulated and considered at the regular council meeting of January 10, 1977. Thomas J. Moran City Clerk i '. t460' CITY OF -RICHI IELD, MINNESOTA Office of City Manager Council Letter No. 12 Agenda January 10, 1977 The Honorable Mayor and 1 Members of the City Council`` i City of Richf ie,,ld Gentlemen: Subject: First Reading of an Ordinance Relating to Rates and Charges for Sanitary Sewer Services As coupcil members are aware, the City of Richfield, is served by the Metropolitan Waste Control Commission for treatment and, disposal of sanitary sewer wastes. For these services the city collects sewer charges from Richfield residential and commercial consumers based upon the approximate number of gallons of refuse these users introduce into the sewer system. The city then. xeinits ,the appropriate fees to the WasteControl Commission. The Metropolitan Waste Control Commission recently informed the city that it is necessary for them to establish a strength charge formula and administer a strength charge system in order to receive and Te-tain federal grants and to come ' into compliance with the Federal Water Pollution Control Act of 1972. The strength chargei formula and system represents an effort by the Metropolitan Waste Control Commission to insure that all sewer users pay, for sewer services , based upon the, proportion of services they have received. More specifically, the strength charge system establishes a formula by which industrial wastes entered "into the sanitary sewer system are measured not only on the basis of bolume (as has; been done in the past) but also based upon strength of the industrial: wastes, introduced into the sanitary 'sewer system. The strength charge system only affects industrial firms using metropolitan sewer lines . / The Metropolitan Waste Control Commission has held numerous meetings -with industrial representatives from throughout the metropolitan area who would be affected bythe strength charge system. Through these meetings, the . commission has,,-secured the support of these industrial firm's. In.addition, the Waste Control Commission has contacted metropolitan municipalities to _ obtain input regarding the best method for implementation and administration of the strength; charge system. "Coundil Letter N 1 °'2 -2-- January 10, 1976 The,;city has several options for administration of the strength charge system. For example, Richfield could administer this program on a local basis. This option would require the city to develop a monitoring- and inspection' program and collect. the industrial strength charges. The city would also have to` develop detailed reports for submission to the Metropolitan Waste. Control Commission. A second option would provide that the Waste Control Commission bill the city on a monthly basis for all strength charges'.due :from industrial users within the municipality. Richfield would then collect the strength 'charges. from industrial users in the city and remit these revenues to the commission. This plan would, in effect; require the city to jointly administer the program "with the commission and would result in additional administrative ` ' costs to the city. The third alternative, and the one -recommended by the Metropolitan Waste, Control Commission, requires that the commission administer the industrial strength charge system with the consent of the city. Because this plan entails no additional costs to Richfield and since Richfield. appears to have no industry within the city which would fall into the strength charge system, this plan ,appears to present the ;best alternative. To implement this plan, it is recommended that the city council adopt the attached ordinance amendment. This amendment provides for the establishment • of 'a strength charge system, the adoption of the commission's strength charge formula, and approval of billing and remittance criteria for the payment of strength charges by industrial firms. Once this ordinance'has been given second /reading by the city council it will also be necessary for the council to pass a resolution I � authoriz�ng the mayor and city manager to a joint powers agreement with the Metropolitan Waste Control Commission, The joint powers agreement l will enable the' Metropolitan Waste Control Commission to assume all administra- tive responsibilities for the strength charge system. Because the strength charge system has received ,the approval of affected industrial users within the metropolitan area and because the recommended method of :administration does not entail added expenses to the city, it is recommended that the city council give first reading approval to the attached ordinance amendment establishing g charge the strength char e system and formula. "Respectfully submitted, �r j Wayne S Burggraaff City Manager • WSB /bll cc: Public Works Director City Attorney - City; Clerk r \ i 0 AMENDMENT TO CHAPTER VIII, PART II, OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter VIII, Part II, of the Ordinance Code of the City of Richfield relating to rates and charges for sanitary sewer service is hereby amended by adding', at the end thereof, the following additional section: "Section 8.12 b. Industrial User Extra Strength Charges. Subdivision 1. Recitals. _ The Metropolitan Waste Control ( ofi_t'Qi 5 S4X? -aY It1C' oT�C� i.t_aIl_ �O:iL'TtJ_SSit�T1 0! iii zed and f'X].=atJ_r1CS under th_eT laws of the State of Mi nne.sota_ (tdie "Cor=.- fission ") , in order to receive and retain Qrants in compliance, with the Federal W7ate x olluc.ioYZ Control.- Act Pme.7n&aents of �1 972 and rf�cru-ati.ons thereunder (the. ",Act" )_.� has � determined e to m� ic?s an industrial user seer s t rep th char .up on use s_of�. the Metropolitan. tan Disposal Svstera as neLined i1i M9nnesota Statutes, Section .73.121, subdivision 24 to recover operation and maintenance costs of treatme tworks attributable to the streng h of the d.ischarcfe of �n addition to Indus aria waste, s c se ve st er th cnarae be___r_.g;__ t 1c' Gh ameba �7�up�� he�9.Z1a �f_discharae. In order for ._the City- to pay t f i ndlistrial dij,�-caa -cre the Commission, it is herebv d rm n d s slarp,!d :Lo be necossary to�stabbish sY� r r�nath cha r an a �orm�z�a �fQr_t h e m p_ _tion there _ all �hlat -i—a -A _U,9.er-5-_ mp-S'.e? v_ e_ tre_ t�I meat services within or .�.d h-v--t b,-- —C i. __. k a , cc k -icx ar�.� i riaeaat,aS._t a-tu.�- _._.S.e M A A 01 -5 5_u lb- .CUS -j zi -0,M -- .��.e -MP-0 ?P.- armt}ag_�',�. -t� Lhe pl:operty served Subd. 2. Establishment of Strength Charges. For the purpose of paying the-- costs allocated to the City each year by the Commission that are based upon-the siren th of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted and established a.n addition to the sewer char_ e based upon the volume of discharge, a sewer charge upon each company or corporation receiving waste -treatment services within or served by the City, based uPonn strength of industrial waste discharged into the sewer__system of the Citv the ' S.trength Charge' . 4 Subd. 3. Establishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established by Subd. 2 hereof, there is hereby established, droved and adopted in compliance with the Act the same strength charge formula designated in Resolution No. 76 -172 adopted by.the governing bow of the Commission on'June 15, 1976, which resolution is hereby .adopted by specific reference, such formula being, based upon pollut,on qualities and difficulty of disposal of the sewage � .ioduced through an evafiTE Ton of poll- 6-Eion qualit_sr_ e s acd t cant :t� es 3 n excess of an annuzi3 average base and the p opor -- t�:� x� <- .e c.c> is o ca i �r ti az, and maintc n2dnr.E of� �, �zste tx :c.a. irten��.•. services prov:t 6E(J i-)y the CuimmIssion. Subd. 4. Strength Char qe Payment. It is .hereby approved: adopted and e s te..55._ she -id that. the Strength Charge e tad-�1 3 heel by _ ._. _ _..._ _ ._ iereot sfi Xl be ua�d y eac.i,s Y� a �a5 z reae�.v�iiy it sic t.reacmei ervi.ct-s and subject the_ret;� ba' re the twentieth- Tr .clay next succeed i n.q Y the date of hil't:.i nq thereof to such usEarg or ort bE:hr�l.f of th =:, Ci_t,y, and :;each paz<<czat thereof shall �c. uc eztied to 1�c, de'l.i:zquent- 3_f not: so p, _id�to the bil ng�en t.a ty l eToxe•- .�;uch� drat _._" Fur-theintore, it —i�; 1iereby established, approved and adopted that if such payment is ni?•t. pa5,d �aefo� e suc n cla.-Le an • Indust cz aJ, user shill r?aytnt..erest compounded anonthly_ ak:._thee rate of +two-thirds o oti ,rce;zt (L2 3 5 ���er� month on the unpaid balance due. _ Subd. 5. Establishment of Tax Lien. As _provided by Minnesota Statutes, Section 444.075, Subdivision 3, it is _hereby a proved, adopted and established that if payment of the Strength Charge established by Subd. 2_hereof is not paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by. or on behalf: of t e City, sai d�nquent sewer strength __. ----r -- c�iarge, taus accrued interest e�Y st. ib'iislie�`purs.uanU bL;reos',.V shall be - deemed ~to be a charge against the owner, ^lessee and occupant of the pror�ert y served, and the City or its agent �.zy sucn _ance Cc the 'u'nty_auditor T177 - u—Exesagarn t'- t:he property serves .i or co' c o� n as oihc r _� taxes` are collected; provided, however, that such certification S afI -not preclude t e City or its agent.. rom recovery o such d 1e inquent sewer strengt c arge and interest thereon un er any other available remedy. Subd. 6. Seyer_abili_ty. In the event any provision of this Section 8.12b shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not i.nvalidate.or render unenforceable any other provision ereo . Passed by the City Council of the City of Richfield, Minnesota this - day of --__ , 197 ATTEST: ~� Loren L'aw, Mayor Thomas Moran,.CYE Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 11 Agenda January 10, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen. Subject:; Amendment to Off- Street Parking Contract for Restaurant at 1400 West 77th Street 'Condon Naegele- Realty, 1700 West 78th "Street, requests approval of an amended off - street park ing. "contract.' The off - street. parkinq_coritract establishes performance standards for construction of a restaurant with on -sale liquor on property located at.1400.West 77th Street. As council members may recall,.the' city council on January 12, 1976 approved . the off - street parking contract for this restaurant " ' Since "`that time', significant changes from the original agreement have been made. Basically, these changes involve increasing the parking capacity from 174 vehicles to 222 vehicles, and allowing a driveway exit from the restaurant to 76th Street. The restaurant seating capacity of approximately 305 customers will not change. The off - street parking standards.. established for restaurants with on --sale liquor require one space for each 2. 5 seats; .5 spaces for each employee ;' and one space for each 25 square feet of banquet or meeting room area within the restaurant. There will be no meeting or banquet space in the restaurant. There - fore, that portion of the standard will not apply to this project. The remaining parking standards indicate a. need for 122 spaces to accomodate customers. ` The applicants expect to hire about 20 employees, bringing the total number.of spac �s required to 132. With the amended off - street parking layout proposed, the roject will have 222 parking spaces, 90,s. paces more than required. Staff review of the entrance modifications as they, relate to an amended off - street parking agreement are contained in council letter number 10. A sketch showing the site design, off - street ,parking arrangement and entrance modifications of this project ids attached. i r] Bridge - - _ Relocate Power Remove exist. curb a const. 12' wide deceleration lone X Const. Cone. \\ Curb a Gutter • { — Indicates areas to be sodded and landscaped. 10 1 T X U � � > 1 �+ C of ,P fRelocare Power Pole _ room /I vehicle pavement width Exist. Entrance Easement -10% grade a' X I AMENDMENT TO OFF- STRe:ET FARLING N0. 75 -6, CONTRACT NO. 221: 114 1 OWNER & ADDRESS: Condon- Naegele Realty 1700 West 76th St. LEGAL: Lot 1, Block 1, bourbon & Basin FiraL AddiLiuu 1400 West 77th Street I x Iv USE: ^ 1 Restaurant Diapcnsing Liquor COUNCILI ACTION; January 10, 1977 NO. PARKING SPADES: 222 1 Scale; I :100 Al n. S. 1/7/77 i A ' CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor a-id Members of the City Council City of Richfield C_•ntlenacn: Council Letter No. 10 Agenda January 10, 1977 Subject: Special Use, Permit Amendment - Butterfield Overland Express, 1400 W. 77th Street Mr. R. F. Condon of the Condon- Naegele l:ealty firm, 1700 Nest 70th Street, is requesting an �.aniendnient to the stipuiations placed upon the existing si.)eci.al use perrnii for construction of a restaurant with liquor in the northeast quadrant of I35W and I49, . 7-he requested arnendinent is to allow a traffic exit: onto 76th Street. The following items are attached to this letter and will be refe_.red to throughout: 1 . Exhibit A - copy of the special conditions attached to the special use permit approved by the city council 2. Exhibit B - site plan detailing the proposed intersection and parking area 3. Exhibit C - zoning snap 4. D—. -h bit D -- land use map 6. ' Exhibit__£_- traffic accident analysis 6. Exhibit F - stopping distance calculations 7. Exhibit -G - -map of alternative analysis Background On January 12, 1976 the city c..ouncil approved a special use permit for a restaurant with liquor at the location described above with several special con- ditions attached to the permit. The special condition which the applicant is re- questing to amend requires that access from 76th Street be limited to an entrance only. This condition was requested by the nearby residents. Council Letter No. 10 -2- January 10, 1977 Since then, the applicant has retained a traffic engineering consultant to draft a preliminary plan for two -way access from the site to 76th Street. The proposed access is within State Department of Transportation right -of -way on I -35W. The preliminary plan has been presented to the State Department of Transportation for their review and consideration. The Department of Trans- portation has given preliminary approval to the use of the highway right -of -way at 76th Street for two -way access to the restaurant site, with the street modif- ications shown in Exhibit B. Since the proposed access will be to a local street, the access permit from the Department of Trarsportation is only usable if it meets local criteria for approval, Prol-nOed Street Modifications The preliminary approval from the State Department of Transportation permits the applicant to undertake the following modifications within the freeway right -of -way: 1. Construct a right turn lane off of 76th Street to the site. This would be 12 feet wide for a distance of 1.80 feet and then taper to a 150 foot width. The overall deceleration lane length would be 330 feet. 2. The restaurant access drive would be constructed at a 27 foot width from curb face to curb face. 3. From 76th Street to the south, this drive would have a flat area 25 feet long with a one percent gradient. The flat area will allow for one car stacking area. From this point to the planned elev- ation of the restaurant site, the drive would have a gradient of ten percent. 4. The existing center island at the entrance to the northbound freeway ramp will be modified to allow traffic leaving the restaurant to enter the northbound ramp. Freeway ramp lanes will be combined so that only entrance will exist to the ramp making the ramp safer and more functional. Staff Review The staff has reviewed the entrance proposal and finds the concept acceptable, although some questions still should be resolved. The council's stipulation requiring an "entrance only" at this location on 76th Street was estab- lished in response to a request from the neighboring residential homes to the north of 76th Street. The first row of homes on Humboldt Avenue and Girard Avenue would be subjected to the glare of automobile headlights if cars exit onto 76th Street. Entrance Drivewav The applicant plans that the entrance drivE,, would have a level area adjacent to 76th Street for stacking of autos waiting to exit onto 76th Street. It is the staff Council Letter. No. 10 -3 January 10, 1977 feeling that 25 feet, which is space for 1 1/2 cars, is an insufficent amount of stacking space to insure the safe exiting of vehicles onto 76th Street. The problem with this short distance is further complicated by the tern percent grade change of the drive as it goes down to the restaurant elevation. The ten percent road gradient proposed for this drive will create a problem for exiting vehicles during poor weather conditions. A solution to this problem which is not ideal, but is acceptable to staff and the developer, is to light the intersection and provide a stop sign at the 76th Street exit. However, there is not sufficient traffic generated at this intersection to warrant a traffic signal and the estimated cost of a signal would be $50, 000. Turning Movements and Traffic Onto 76th Street The proposed restaurant is expected to generate approximately 960 vehicle trips per day. These two -way trip estimates are based on 100 trips per thousand square feet of restaurant gross floor area. The peak hour for traffic to and from the restaurant is expected to be between 6 :00 p.m. and 7:00 p.m. As a method of analyzing the potential traffic impact this restaurant could have on 7Gth Street, all vehicles trips were estimated to occur at the 76th Street access L..;c.ation only (as if the frontage road access did not exist) . This simulates the worst possible condition. In reality, it is anticipated that between 15 and 20 percent of all vehicle trips would utilize the frontage road for access and egress. is Using the assumptions described, approximately 126 vehicles would be entering and exiting the site between 6 :00 and 7:00 p.m. About one-half of these, or 63, vehicles would be exiting. One -half of these, or 32 vehicles, are expected to exit northbound across 76th Street to the north T -35W entrance ramp. One -half of the remaining vehicles will turn left, and the rest turn right on 76th Street. Average daily traffic (ADT) on 76th Street at this location is 10, 400 vehicles. The peak hour for traffic on 76th Street is between 4 and 5 :00 p.m. During this peak hour, approximately 1, 300 vehicles pass this site. The peak hour for the restaurant will be between 6 and 7 :00 p.m. During the restaurant peak hour, approximately 750 vehicles would pass this site on 76th Street. It can be seen that the peak hours for i:he restaurant and 7604'1 Street do not (:)ccur simultaneously. During the noon hour (12 -1 :00 p.m.), approximately 77 vehicles will enter and exit the restaurant. Traffic on 76th Street during this same hour is approximately 800 vehicles. According to the DMJM report, traffic on this section of 76th Street.is expected to increase to 11 , 000 ADT by 1985, from 10, 400 currently. The DMJM projection includes development of this site and the property immediately to the east of the subject property. The report also indicates that 76th Street is being used above capacity at the present time and will continue operating over capacity after 1985. 0 Council Letter No. 10 -4- January 10, 1977 Right and left turns from the entrance to 76th Street are not expected to create '3ny unusual problems. The cross traffic problem can be resolved by redesigning the I- 35W.entrance ramp as proposed. The new curb location and the moving of the left hand turn lane will provide stacking room for one vehicle. A yield sign should be erected on the slip ramp to improve traffic flow. Location of Traffic Accidents Analysis of the data contained in Exhibit E indicates that 29 accidents have occurred in the vicinity of 76th Street and I-35W during the four year period from 1973 -1976. This is approximately seven accidents per year between -Knox Avenue and Fremont Avenue. Nearly one -third of these accidents happened at or near the intersection of 76th Street and the I -35W exit ramp on the west frontage road. Six of the accidents, or 20 percent, were at or near the intersection of Fremont Avenue and 76th Street. Only one accident occurred on 76th Street at the entrance ramp which will be directly across from the restaurant exit. The remainder of the accidents occurred on 76th Street from either the I -35W exit ramp west of the bridge or the west frontage road. Many other accidents were rear end collisons. Most of these occurred at the intersection of Fremont Avenue and 76th Street. Bicycle accidents at the guest frontage road and the I� 35W exit ramp west of the bridge, were the third most common accident pattern. This data indicates that there has been no major traffic safety problem. at 76th Street and the freeway en- trance ramp, although accidents have occurred at the west exit ramp and Fremont Avenue. The time of accidents is almost evenly divided between those occuring before 5:00 p.m. and those after 5:00 p.m. Sight and Stopping Distance There is concern over the visability to and from the proposed entrance exit due to the grade of the bridge in relation to the proposed drive. Tests as the proposed entrance determined that the sight distance to the west from the exit is 500 feet. The public safety department has collected data describing the stopping distances required at various speeds under good and bad driving conditions (see Exhibit F). The data indicates that the sight distance of 500 feet is more than adequate at the posted speed limit or at slightly higher speeds, under both favor- able and unfavorable conditions. Alternatives Considered The staff analyzed several different alternatives (Exhibit G) including: 1. .77th Street extension across the Lyons property immediately to the east . 2. -The south frontage road exit (to be granted by the council) 3. A Fremont Avenue exit. Council Letter No. 10 -S- January 10, 1977 Although these alternatives appear to staff to be better traffic design solutions for access to this property, they are not considered to be acceptable because of the'cost of property acquisition from Lyons and the fact that more traffic will be forced into residential neighborhoods and then back to 76th Street, having a larger detrimental impact on the nearby residences. Staff Recommendation Although the entrance solution being proposed is not ideal, it does appear to be the best alternative providing access to.the property. The proposal is sub- stantially safe, will, in most cases, not create traffic congestion and will keep restaurant traffic out of residential neighborhoods. In addition to the proposed design it is recommended that the council adopt the following stipulations: 1. Install a "stop" sign and additional street lights at the driveway exit to 76th Street. This is agreeable to the developer. 2. Provide a landscaped /fence buffer on the freeway right -of -way at Girard Avenue for at least 100 feet to reduce headlight glare. The buffer should be of sufficient length and height to protect the second story of the homes immediately to the north. of 76th Street on Girard Avenue. This is agreeable to the developer. • 3. Provide that the entrance drive grade not exceed 7 percent. This will mean a redesign of the restaurant parking lot and is not presently agreeable to the property owner. 4. Provide a driveway lane separator approximately two feet by thirty feet with "Keep Right" sign at both ends at the 76th Street exit/ entrance. With these stipulations, the staff recommends approval of the entrance /exit drive as proposed. Planning Commission Recommendation The planning commission reviewed the request for an amendment to the special use permit at its December 28, 1976 regular meeting. After staff present- ation, planning commission discussion, testimoney from the applicant and several nearby residents, the planning commission recommended approval of the amendment to the special use permit, by removing Stipulation No. 8 on the existing special use permit and adding the following stipulations: 1. Redesign north freeway entrance ramp center island to allow for easier and safer movements from the restaurant to I -35W • northbound. Council Letter No. 10 -6- January 10, 1977 Z. Install a "stop" sign and additional street lights at the exit onto 76th Street 3. Provide a landscaped and fenced buffer on the freeway right - of -way adjacent to the chain link fence north of 76th Street at Girard Avenue, and landscaping adjacent to the Lyon's ` residence to reduce the glare of vehicle headlights onto the residential homes in this area. 4. Provide a driveway lane separator approximately two feet by thirty feet with a "Keep Right" sign at both ends at the 76th Street entrance /exit. Respectfully submit-ed, Wayne S. Burggraaff City Manager WSB /eja • cc: Planning Director Public Works Director CITY OF RICHFIELD 6700 Portland Avenue South IT FOR: SPECIAL USE PERMIT p APARTMENT USE PE'ZMIT TO :. Condon- Naegele Realty 1700 West 78th Street Richfield, Minnesota 55423 REZONING ADJUSTMENT AND APPEALS You are hereby notified Lhat your application dated December 4, 1975 for a restaurant. with on -sale liquor has been (Approved) (MA- 14t-A) The the legal descriotion of. lanes affected b - the above act-on: The Nest 1/2 of the Northwest. Quarter of the Southwest Quartez.of the Southeast Quarter of the West 1/2 of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, subject to the rights of way of U. S. Interstate Hi.gl way No. 35W and West 76th Street, according to the U. S. Government Survey thereof". 1400 Wc.st 77th Street I. Off- Street Parking Agreement. • 2. That exterior architectural treatment be provided on the north side of the building consistent with treatment on the west and south side of the building to make the building more attractive from the north. 3. That the access easements for this project be submitted to the city attorney for review prior to issuance of a building permit for the project. 1+.: Rv-idelee be submitted that the state highway department has approved of the 's use of the existing right of way at 76th Street as paxt of the drive - zra;, ;7 parking, lot system for this project. _l_anc?sca;)e and 1 ighLi ng pla.a to be ap r°ovcd by the planning director. 6. 'A 'No L--ft T`iu°n" sign be installed at the driveway and Duerson Avenue. 7. All 'utility easements must be shown on the plan and all city codes complied with 8. That the 76th Street access point be limited to an en, trance to the parking lot. (Approved) ('D�vj City Council January 12, 1976 (Date). Y RY Director of Public Wor.k..s..,- ty Mana er Original to Applicant I copy Chief Inspector 1 copy Planning Director 1 copy Files I r - -I. .9 Bridge -L- W 41r' 1 I �w li; 34 73 �31 4� .34 43 714 Ib /v/ zz 4 2z 32 34.4�� ' r- 21 '44 zo 'A4 44 134A6 N7 JZA�7 .14 4_� cr- ct: tD, A f j5 '4 b 455 lK GENERAL, COMMERCIAt- M U LT I PL E R IL--- S I D.[-'--- I-,,' C E a] GENERAL INDUSTRIAl- UUSMNES',�"." ---------- 3 .................... GENERAL, COMMERCIAt- M U LT I PL E R IL--- S I D.[-'--- I-,,' C E a] GENERAL INDUSTRIAl- UUSMNES',�"." 26 25.2 24 .3 24, 234 2 22'5 2? 21'4 1510 • u. ht 91Bt > - Ld IR 7 > ITT 17110 26 25.2 15 4 14-13 m 221 24 .3 234 22'5 .78 z 1510 • u. 1411 91Bt > Lij 12 CC L.L 17110 15 4 14-13 m 221 4 .78 :69 1510 1411 13 12 76 th I I c 40 to 3 U) ro 4 5 16 7. Z� 8 —77th a. I F sa 00 L 0 C A 'P 1 0 N 0 F A C C I D E N T S Total. all Four Years 1-9716 1975 1974 1973 Accidents on 76th Street Bike Stront at 35W Exit Ramp 10 2 3 3 2 Accidents on 76th Street a05W Exit Ramp 6 i 2 at 35W Entrance Ramp Accidents on 76th Street .kccidents on 76th Street Accidents on 76th Street. at Fremont Avenue 6 3 Accidents on 76th Stree't 3 Accidents on 76th Street .at flumboIdt Avcnue at Humboldt- Avenue (west frontage road) 10 4 3 3 Accidents on 76th Street between 'entrance and between entrance and exit )7aIIIpS exit ramp 2 I M E 0 F A C C I D E N T S TYPE 01.1 ACCTDENT Before 5:00 PM 4 3 **motorcycle overturns, drive over open manhole, sideswipe, etc. Left turn Bike Stront RIc-a,i--enrle�1 Accident Accidents on 76th Street a05W Exit Ramp 6 i 2 2 Accidents on 76th Street at 35W Entrance Ramp Accidents on 76th Street. at Fremont Avenue 3 3 Accidents on 76th Street at Humboldt- Avenue (west frontage road) on 76tl,-, SL between 'entrance and exit )7aIIIpS 2 T I M E 0 F A C C I D E N T S 1976 1975 1974 1.973 Before 5:00 PM 4 3 3 2 After 5:00 PM 3 3 4 5 **motorcycle overturns, drive over open manhole, sideswipe, etc. CITY OF RICHFIELD, MINNE 7 SOTA Inter—Office Memorandum DATE January 5, 1977 TO Mark Hendrickson FROM R. G. Holt tius,jr-c-r Siopping L. _; Diztances of Vehicles on W1. 76th St. Per your request fic-•e is the information you asked for. In computing this fi�,,vres there are many variables which Must be taken into consider- ation such as; vehicle condition, brake condition, driver reaction time and drag factor of the street in question. For the computations below the follo,qing variables were considered. Drag factor of .75 for W. 76th St., Average reaction time o-11- 3/4 second, vehicle in good condition with avera,1!,'-'., to best brake-s. STO]PPING DISTANCES PASSET""'GYR CJ1%RS: A f t er river a s p _ Y, c e i ve d sal` 1h a -z z� r d r :q r i n 9 a s t o j) -, P Driver Roaction Vehicle Stopping n Total Stopping 11' o u r S co -d L) i stance Di stance 30 44 33 55 88 35 51 39 78 117 40 59 44 105 149 45 66 50 136 186 50 73 55 188 243 55 81 61 230 291 60 83 66 300 366 STOPPING 91ST rIf C P S OF LIGHT 2 1,,,,X LF TRUCKS 6i ',ver has r;'.quh --in- a '-tovj) 44 33 67 100 35 51 39 92 3,31 40 59 44 125 169 45 66 50 165 215 50 73 55 225 280 55 81 61 275 336 60 88 66 360 426 STOPPING DISTANCES OF HEAVY 2 AXLE TRUCKS (After driver has perceived the hazard requring a stop) 30 44 33 92 125 35 51 39 125 164 209 40 59 Li" 4 165 45 66 50 210 260 50 73 55 255 310 55 81 61 310 371. 60 88 G6 370 436 PAGE #2. STOPPING DISTANCES OF HEAVY 3 AXLE TRUCKS AND COMBINATIONS: (After driver has perceived the hazard requiring a stop) MILES PER FEET PER DRIVER REACTION VEHICLE STOPPING TOTAL STOPPING HOUR SECOND DISTANCE DISTANCE DISTANCE->.- 30 44 33 115 148 35 51 39 160 199 40 59 44 205 249 45 66 50 260 310 50 73 55 320 375 55 81 61 390 451 60 88 66 465 531 These figures are based on the afore mention variables giving the con - sideration that the road surface w s clean, clear, dry and that all other conditions were idoal. However, the situation changes quite drastically when the drag factor decreases such as it does When the roads are covered with icy' or water. _ Example; a vehicle try. vcl i rg at 35 miles per hour an ice with a drag factor CC .10 i lc' is 2i "' would r :qu ir1 438 ftfiL to come to a total St7 p. This is connWering the fir ,vcr has i avar aC,o }'i act ion t-lme of .05 f:.::onds which is: 114 second below average. Example, a vehicle traveling at 30 miles per hour on slippery streets (Wet) not icy, in a passenger vehicle, Who has a average reaction time of .75 seconds, pseing a vehicle with good to excellent brakes would require 181 feet to come total stop. This verses 88 feet under excellent conditions. I hope this information is adequate for what you have in mind. Since, el 0- �- .Ronald G. i-folt Coordinator, Emergency Services Division Richfield Department of Public Safety' ZIS 4 24,1 i In a 5 2 2 232 ^ 24,3 L.3 > -2213 23� 4 22'5 2 1 21 IQ N Lij n 7 > is. ' 1�7r' - 1. w .98H - . . < 76 t 8 171 ?1 4 2 iC 3 ui 7-4 4 4 > IOU > < < c- In 78 :C' 9 E) 14 11 8 171 0 2 iC 3 7-4 4 4 cr- ui CL c- 8 171 CITY OF RICHFIELD, MINNESOTA Office of City Manager u Council Letter No. 9 Agenda January 10, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Minutes and Tabulation of Award of Bids for Chemicals at the Water Treatment Plant On December 30, 1976 at 11 :30 a.m. , bids were opened by the city manager in the city hall conference room for chemicals used at the water treatment plant. The park and recreation director and environmental health director also represented the city at the bid opening. A copy of the bid tabulation and the bid opening minutes are attached. Quick Lime There is only one bidder o_`fering to supply quick lime and that is t'. ^_e Cutler - Magner Company. This company has been the only bidder for this item in the past few years making the supply of quick lime a non - competitive item. The Cutler - Magner Company qualified their bid subject to transportation cost adjustments and fuel availability. This type of qualification was allowed under the specifications. Liquid Aluminum Sulfate Two bids were received to supply liquid aluminum sulfate. However, the bid of American Cyanamid contains an escalator clause which does not meet specifications. The bid of Hawkins Chemical is firm for one year. L iauid Anhvdrous Ammonia The city received three bids to supply liquid anhydrous ammonia. These bids were from the Jones Chemical Co. , Inc., Hawkins Chemical, Inc. and Van Waters & Rogers. The bid of Hawkins Chemical, Inc. was the lowest bid received. Council Letter No. 9 -2- January 10, 1976 Sodium Silico Fluoride The city received three bids to supply sodium silico fluoride. The bid of Van Waters & Rogers was a qualified bid and did not meet specifications. The low bid meeting specifications was the bid of Jones Chemicals, Inc. Recommendations It is the recommendation of the public works director, in which I concur, that the city council take the following action: 1. Accept the bid of Cutler- Magner Company for quick lime and approve the contract with this firm at the cost of $43.55 /ton subject to verifiable cost increases. (1976 - $38.50) 2. Accept the bid of Hawkins Chemical, Inc. for liquid aluminum sulfate and approve the contract with this firm at the cost of $.0405/lb. (1976 - $.0382/lb.) 3. Approve the low bid of Hawkins Chemical, Inc. for liquid anhydrous ammonia and approve the contract with this firm at the cost of $.25/lb. • (1976 - $.2675/lb.) 4. Approve the low bid meeting specifications of Jones Chemicals, Inc. for sodium silico fluoride and approve the contract with this firm at the cost of $16.75 /cwt. (1976 - $14,00 /cwt.) WSB /bll cc: Public Works Director Finance Director Administrative Assistant Respectfully sub fitted, 1 S_ ' Wayne S. Burggraaff City Manager O 1-'• a` 9 w co C9' "'t7 p H (D H H > 0 w O 0 O G " a I F4 0 O ZE; H rt tti CA ~ ti a on� CD t7- • {U H rt G ° rt O °.1 (D rt t,J d N H o'i O W K+ `r_ cn r r .o � a ctN O f• • H• r- ° (D tdxW to w (D P, P P. :F" W H. H. F" PV w M Ft K P, P, t=] P. P. P, ::j K d (D tD P� P, (D c+ O cn FJ O 0 o' d (D W' WP. O K v7 p• O C] (D '. O (D P, F. P, a PV tJ o s d � (D P, En (D -C } K W {si � +�-3 d �. En H m N m O C- n of z P•n C] O }i. M • 0 c+ g� tD o (n N• 0 H (D ° PD En c� G O H �0 • ci d C) H rt e+ (D 0 t 6 @ I td (1 O P p I; C- 0 tS c+ r- (D Q H Cr, } F` (G O C+ fn O O O < •� to I td (D td td td t� U \n CD Ps C` tz CY � aqq Pa r: O N• Fj - � N ((D ¢n �C+ }-�n (H7 •K f 3 to in C� O ua Fes, rn r 7 ct O P t� O •� • r- V N • I I F-' K (D � iy 'd (D K m O �10 O O co O O O A I a I I (D F _r I-• P. N 0 }✓ P Pi rn o ° P, O V 0w P. v> P N ° yr P • v(v, vrvr P C O }y r v O y d b O 1-'• a` 9 w co C9' "'t7 p H (D H H > 0 w O 0 O G " a I F4 0 O ZE; H rt tti CA ~ ti a on� CD t7- • {U H rt G ° rt O °.1 (D rt t,J d o'i O W K+ p a ctN 11 td (D tdxW tdm (D H• P. :F" N H. H. c+ H• UI (D K n w w En P, ::j K d ►t c+ O cn O 0 0 (D W' (D O K v7 O C] (D '. O (D P, F. a PV tJ 55' P- � (D P, (D -C } K W {si � R° �,. �. 0 P m N {v n (n C+ In W C] O O a O Fl, O 0 g� ((D D N (n H• (D H (D ° En c� G O H ►t • C) H rt (1 Q H O O O O O O G •� tzi td td td td td t� U \n P, Ps i tz Pa r: O f 3 Fes, P ip I I H• iy O �10 O O co O O O ►' F _r Ca.. U P. N 0 td P O PHi• ° P, O V P. P. v> P P Q P C O }y r v O y d ro • r I-d O $4 t� O O K K ro O 6� • O H° M n -tfT t d -- VNi CD W` Pu \Io o f✓ �n r Pj F ti 3 :' H M O o d H• .-I i� � • K O. :Y K Ott (D ri c+ O r n J K :k -�\-O O ifr \I1 n C) ►' rQ O O O O H. P. \ H. i P. N t' O ¢ a i� C+ Om F ° H d1 0 d (q IU O (n (n O I d O p K Gq (n O 1-'• a` 9 w co C9' "'t7 p H (D H H > 0 w O 0 O G " a I F4 0 O ZE; H rt tti CA ~ ti a on� CD t7- • {U H rt G ° rt O °.1 (D rt t,J d CITY OF RICHFIELD Bid Opening December 30, 1976 Chemicals ° Water Treatment Plant Pursuant to requirements-of Resolution No. 1015, a meeting of the Administrative staff was called by Wayne S. Burggraaff, City Manager, who announced that the purpose of the meeting was to receive, open and read aloud, sealed bids on Chemicals for the Water Treatment Plant as advertised in the official newspaper on December 15, 1976. Present: Wayne S. Burggraaff, City Manager Donald Fondrick, Parks & Recreation Director I. F. Roesler, Environmental Health Director Richard Nelson, City Accountant Virgil Reller, Chief Water Plant Operator Frank Boyles, Administrative Aide The following bids were submitted and read aloud: Chemtron Industries Inc. No Bid No Sid No Bid No Bid Hawkins Chemicals, Inc. 0405/Lb. $.25 /Lb 5% Bid Bond No Bid ($81.00 /Ton) {$37 50 /Cylinder.) 19.00 /CWT $ - McKesson Chemical Co. No Bid No Bid _ No Bid No Bid Van Waters & Rogers $26.SO;CWT 5% Bid Bond No Bid No Bid Price firm 1977 $16.40 /CWT American Cyanamid Cert. Check $600 No Bid $79 62 /Ton No Bid No Bid Cutler Magner Co. Cert. Check $2,S40 43.55/Ton No Bid No Bid No Bid The City Manager announced that the bid would be tabulated and considered at the regular council meeting of January 10, 1977. Thomas J. Moran City Clerk 250,000 2 TON LIQ. 24,000 LBS. • BIDDER 1,300 TON LIQUID ALUMINLZI ANHYDROUS SOD�O�IDECO BID SECURITY QUICK LIME SULFATE ANMONIA $17.95 /CWT Less -20 bags $.26 /Lb. $16.75 /CWT 20 bags -more Jones Chemicals,.Inc.. 5% Bid. Bond No Bid No Bid Firm 1 Year Firm 1 Year Chemtron Industries Inc. No Bid No Sid No Bid No Bid Hawkins Chemicals, Inc. 0405/Lb. $.25 /Lb 5% Bid Bond No Bid ($81.00 /Ton) {$37 50 /Cylinder.) 19.00 /CWT $ - McKesson Chemical Co. No Bid No Bid _ No Bid No Bid Van Waters & Rogers $26.SO;CWT 5% Bid Bond No Bid No Bid Price firm 1977 $16.40 /CWT American Cyanamid Cert. Check $600 No Bid $79 62 /Ton No Bid No Bid Cutler Magner Co. Cert. Check $2,S40 43.55/Ton No Bid No Bid No Bid The City Manager announced that the bid would be tabulated and considered at the regular council meeting of January 10, 1977. Thomas J. Moran City Clerk to CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Council Letter No. 8 Agenda January 10, 1977 Subject: Preparation of Plans and Specifications and Authorization to Advertise for Bids, Fremont Park As council members are aware, the City of Richfield has used Community Development Block Grant funding for several city projects over the past two years. Regulations for the block grant program indicate that any purchase in excess of $2, 000 is to follow city and state guidelines for purchases in excess of $5,000. This regulation means that the city must prepare formal specifications, must advertise for bids for the portion of the project that exceeds $2,000, and must execute a contract which includes the compliance agreements to be met by the city in the contract. The Fremont Park Project scheduled for completion in 1977 is being partially funded ($10, 650) through the second year of the Community Development Block Grant. The remainder of the project is funded through revenue sharing ($10,000). There are three major work components remaining to be completed in the Fremont Park Project: asphalt work, wood work, and landscaping. In general terms, the asphalt work and wood work are proposed to be funded through the block gra_"t monies, a ^d the landscaping through revenue sharing funds. However, contracts for each of these Yvor` components are likely to exceed $2,000. Since the Community Development Block Grant regulations require that the city treat purchases in excess of $2,000 in the same way as we would normally treat purchases in excess of $5, 000, it is recommended that the city council authorize the following: 1. Preparation and execution of plans and specifications for the remainder of the Fremont Park Project. 2. Advertisement for bids for the remaining project work. Respectfully subm'tted, wvxl��a S� 61t'� Wayne S. Burggraaff City Manager . cc: Park and Recreation Director Finance Director f /t*f) • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 7 Agenda January 10, 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Health Services Agreement On November 8, 1976 the city council authorized the city staff to begin negotiations with the City of Bloomington to establish a joint powers agreement providing for the purchase of personal health services in the estimated amount of $73,000 per year. The city attorney and members of my staff have prepared this agreement, which has also been reviewed by the Bloomington city attorney and staff. Basically, this agreement provides: 1) That Bloomington provide Richfield residents with the same personal health services which are provided to Bloomington residents 2) That the Bloomington Health Division provide quarterly reports detailing the services delivered in Richfield during t ^a previous three months; 3) That Richfield pay Bloomington -)71, -21-1. ($1. 66 per capita) in quarterly installments, for purchase o= these health services; and 4) That the agreement may be terminated by either party upon 30 days notice. It is recommended that the city council authorize the mayor and city manager to execute this agreement with the City of Bloomington. R -3spectfully submitted, Wayne S. Burggra aff City Manager WSB /eja cc: Administrative Assistant Environmental Health Director Finance Director City Attorney 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: r Council Letter No. 6 Agenda January 10, 1977 Subject: Second Reading, Taxicab Ordinance Amendment At the December 13, 1976 city council meeting, the council gave first reading approval to an ordinance amendment increasing the maximum number of taxicab licenses which may be issued from 57 to 67. A copy of the proposed ordinance amendment is attached. It is recommended that the council give second reading consideration to this amendment-at their • January 10, 1977 meeting. WSB /bll cc: City Clerk City Attorney Public Safety Director Respectfully submitted, Wayne S. Burggraaf City Manager M r 0 J _ L_I AMENDMENT TO SUBDIVISION 12 OF SECTION 6.20 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA CITY OF RICHFIELD DOES ORDAIN: Subdivision 12 of Section 6.20 of -the City Ordinance Code of the City of Richfiel4, relating to the number of authorized taxicab licenses, is hereby amended to read as follows: "Subd. 12. Maximum Number of Licenses Granted. The maximum number of taxicab licenses to be granted pursuant to this section until next amended shall be limited to [57] 67." Passed by the City Council of the City of Richfield this 10th day of January, 1977. ATTEST: Thomas J. Moran City Clerk Loren L. Law Mayor • y CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 5 Agenda January 10, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Request for Amendment of Taxicab Driver Ordinance Attached is a copy of a letter from Yellow Cab Company requesting that an amendment be made to the taxicab driver ordinance provision requiring physical examinations. The city ordinance provides in Section 6.21 , subdivision 4, for the following requirements: • "Subd. 4. License Application - Requirements. Any person desiring a taxicab driver's license shall make application to the clerk. Each applicant shall meet the following requirements in making such application: (3) He shall furnish a certificate by a licensed physician showing that he is in good physical con- dition?, has goo: eyesight and that he is not subject to any disease or infirraity of body or mind which might render him unfit to operate a taxicab." Section 6.21, subdivision 10 provides as follows: "Subd. _10. Renewal of License. Applications for renewal shall be mace on forms provided by the manager. Renewal applications shall be then processed in the same manner as original applications." On the basis of these ordinance provisions it has been determined that it is necessary for an applicant wishing to renew a taxicab license to comply with the physical examination requirement in Section 6.21, subdivision 4, paragraph 3. The request from Yellow Cab Company has been reviewed by the city staff and it has been determined that the initial physical examination is adequate Council Letter No. 5 -2- January 10, 1977 and that it would not adversely affect the regulation of taxicab drivers if the renewal requirement for physical examination were deleted from the ordinance. Respectfully submitted, Wayne S. Burggraaff City Manager WSB /eja cc: Public Safety Director City Attorney City Clerk CAB SERVICE 332.7171 t yo/ f& ov MINNEAPOLIS AND SUBURBAN YELLOW CABS — AIRLINE LIMOUSINES YJE ]MOW TAXI OFFICE 127 1ST /AVE. N.E., MINNEAPOLIS, MINNESOTA 55413 January 4, 1976 Mr. Wayne S. Burggraaff, City Manager City of Richfield 6700 Portland Avenue Minneapolis, Minnesota 55423 • Dear Mr. Burggraaff: We have discussed the problem regarding the physical examinations each year for our drivers. Your city is the only city in the country that requires annual physicals. In the past, Richfield has not required an annual exam, but only upon the issuance of the original taxicab license. We still feel that the original exam should be required, but we feel that the annual physical should not be required. Would you please place the matter on for hearing, so that we may discuss it with the City Council. rely, �e Ja - F. Daly, Jr. xecutive Vice es ent JFD:an CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Council Letter No. 4 Agenda January 10, 1977 Subject: Request for Amendment to the Amusement Arcade Ordinance Attached is a copy of a letter from the 7th Hour asking that the amusement arcade ordinance be amended by eliminating the minimum age provision. Section 5.15, subdivision 7 paragraph (6) reads as follows: "No person under the age of 14 years shall be permitted to enter or . remain upon any part of the licensed premises unless accompanied by his parent or legal guardian." A similar request was submitted to the city council in August, 1976. A copy of the August 23, 1976 minutes on this item is attached indicating that the city council declined at that time to take action to change the minimum age provision. WSB /eja cc: Public Safety Director Respectfully submitted, Wayne S. Burggraaff City Manager ON City Colinf2i! Rirl-�iel-1 City Hall 6700 -t-lortland A­_--r,e Minnesota 59423 Our fami 1 re^-reation center, The Seventi-, Ho-lrl has now lee­ in o-,erati-r over a ear. Mr. Hla,-son, •hr- -7.,,ra7er, a" fe-1 4' 'ra-z be— 1% su!:!2as3 1 as much as we '-a7,e e-xz)erienc2d exc-_nti-na-117, cc.-operative °r o-2 c ',,. r patrons. Th e ra 'lave t-) our know I e d _ n r o t s g -3 S rowdiniss, drinking or drug pr,�bl,ems. We 'ha+.,,e fr-c-1 +0 tj­n canvassed parents about their feelings -=cezrnin- t' is ent�7­p-_-ise and -.ave found t!,_-t on tIe wh-)Ie there seems to 'he wooro-,-al our .�et-hods of operation. We have done our best to comply wit", all requests fr-_IM1 -oz,:)perty owners in t' e area ane, have. encoura:­d the -''Jun !stets to and H-nia-er, in ass,-sin -1 -,,ur financial n.-:)si.ti--n we that the expense involved in insurance, 'ces, wa-es, and increases in utilities have made it less than a financial success. T'heref,--re, I would like to ask the council at this time to seriously c7nsider issuin7 a s-ar-lal use -cer_-i+. allovin,-, chili.ren under the ale of fr-urt-e-n to uf3e our facilities. Surrounding; colt-xiniti-es of St. Paul-, B1.cor.qir_Ztor, S'�-,-akope_- and most re-�ently Minneapr,Ilis have now removed a:-,e rests i-.tilons 2-1 si Filar astalb1 l-3h,7.e­ts and e-_,merienced no u-toward reac+.ions. • in order io 2orntlnua in ��-,oeration and 4-,-re_-P­rc e,nnploym-ent cJ~..z-r -":o-iple in -moved as I now do, I need sore financial _relief- Possitly in- c-_-eaaed vou!'4_k result -from tne removal ­f -,I,--- ase Ii -it and per­ll us t-o in =_era�ion. Yours Tr,ily, Be - s -n - Hour R E �L! �,' 1377 'anager Council Meeting Minutes -14- August 23, 1976 attached to the approval is that the city erect the barricades and warning devices in such a way as to permit ingress or egress of emergency vehicles \` should this be necessary. All ayes - Carried. 25. Request for Amendment to the Amusement Arcade Ordinance Regarding Age Requirement City Attorney, Clayton LeFevere, reviewed an ordinance amendment re- quested by the city council relating to amusement establishments which would reflect the change in age restriction from 14 years of age to 12 years of age. Mr. R. A. Benson, owner of the Seventh Hour amusement establishment, who requested the amendment, was present and spoke in favor of this ordinance amendment. Motion by Anderson, seconded by Luettinger that no change be made in the • ordinance. Poll of votes: Ayes - Anderson, Luettinger. Nayes - Jacobsen, Ludeman, Law. Motion failed. Motion by Ludey_n, seconded by Jacobsen to change the age limit to 13 years instead of 12 years and authorize first reading of the ordinance amendment. Poll of votes: Ayes - Ludeman, Jacobsen. Nayes - Anderson, Luettinger, Law. Motion failed._ 26. Revenue Sharing Actual Use Report Motion by Anderson, seconded by Jacobsen to approve the Revenue Sharing Actual Use report for the period from July 1, 1975 through June 30, 1976 (Entitlement Period 6) and authorize its publication and submission to the Office of Revenue Sharing, U. S. Treasury Department. All ayes - Carried. I • 0 CITY OF RT CHFIELD , MINNESOTA Office of City Manager Council Letter No. 3 / --�5 Agenda January 10, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Approval of 1977 Agreement with Richfield Police Supervisory Employees Bargaining Unit The purpose of this council. letter is to submit a tentative labor agreement which has been negotiated between the City of Richfield and the Richfield Police Supervisory Employees bargaining unit for the year 1977. The bargaining unit represents nine supervisory employees in the police division who are not repre- sented by the police officers bargaining unit. Last year the city entered into a two year 1976/77 agreement with the po =ice officers bargaining unit which represents officers, agents and dispatchers. T_Le city's agreement with the supervisory bargaining unit covered only 1976. There- fore, it was necessary to Negotiate a new agreement with this bargaining unit for next year. A copy of the agree--:ent which has been negotiated is attached to this council letter. The proz --Szed agreement with the supervisory bargaining unit flects the same percentage salary adjustment as does the approved police officer'; agreement for 1977. The attached agreement also includes the same changes con- tained in the 1977 police officer's agreement in the area of college incentive pay increments, training pay and health insurance premium contributions. The onLy difference in the fwo agreements is that there have been market salary adjustments for the positions of sergeant, lieutenant, and captain to reflect the fact that salar -y surveys indicated Richfield salaries for these positions to be below average. The agreement has been approved by the Richfield Police Supervisors Employ- ees bargaining unit. It is recommended that the city council take the following actions: 1. Approve the 1977 agreement with the Richfield Police Supervisory Employees bargaining unit._ 2. Adopt the attached resolution authorizing the transfer of $ 11,928 from the contingency fund to cover the new costs reflected by the Council Letter No. 3 -2- January 10, 1977 1977 Police Supervisory Employees bargaining agreement. 3. Adopt the attached resolution authorizing the transfer of $6,950 from the contingency fund to cover the additional costs of health insurance premiums provided for in the second year of the 1976/77 Police Officers bargaining unit agreement. WSB /eja cc: Personnel Director Finance Director Public Safety Director Respectfully subrAtted, Vb4V tx CC� r Wayne S. Burggraaff City Manager MEMORANDUM OF CONTRACT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE SUPERVISORY EMPLOYEES FOR THE PERIOD JANUARY 1, 1977 TO DECEMBER 31, 1977 � 0 �J C PROPOSED MEMORANDUM OF CONTRACT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE SUPERVISORY EMPLOYEES ARTICLE I. - PREAMBLE AND STATEMENT OF PURPOSE This Agreement made and entered into this day of December, 1976 by and between the City of Richfield (hereinafter referred to as the Employer) and the Richfield Police Supervisory Employees (hereinafter referred to as Supervisors) . The intent and purpose of this Agreement is to: 1 . Provide an orderly procedure for the resolution of disputes concerning this Agreement's interpretation and /or application; i 2. To set forth herein the full and complete understanding of the parties concerning rates of pay, hours and other conditions of employment for the duration of the Agreement. The Employer and the Supervisors through this Agreement shall continue their dedication to the highest quality police service and protection to the residents of Richfield. Both parties recognize the Agreement as a pledge of this dedication. ARTICLE II. - DEFINITIONS EMPLOYEE means a supervisory employee who is a member of the Richfield Police Supervisory Employees. REGULMR BASE PAY means the employee's monthly rate of pay exclusive of any longevity or overtime pay or any other supplemental pay. 1 0 EMPLOYER means the City of Richfield or its designated representative. - SHIFT means a continuous eight (0) to (10) hour work period, as designated on the official divisional schedule. REST BREAKS means two fifteen (15) minute periods during the scheduled shift during which the employee remains on continuous duty and is responsible for assigned duties. LUNCH BREAK means a thirty (30) minute period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. EMERGENCY means a situation or condition so defined by the City of Richfield. DIVISION means the Police Division of the Department of Public Safety. DEPARTMENT HEAD means the Director of Public Safety or his designated representative. ARTICLE III. ® Rr- COGNITION Section 1: The Employer recognizes the Supervisors as the exclusive bargaining representative under Minnesota Statutes (1971) Section 179.71, subdivision 3, for the following position classifications. Police Sergeant, Police Lieutenant, and Police Captain. Section 2: Should there be any dispute as to a new position established during the life of this Agreement both parties agree to refer such dispute to the State Bureau of Mediation Services. 2 l _ ARTICLE IV. - SUPERVISORY EMPLOYEES SECURITY Section 1: During the life of this Agreement, the Employer agrees to deduct monthly Supervisors dues for Employees who are members of the Supervisor's Unit and who request in writing to have their regular monthly Supervisors dues checked off. The Employer shall remit such deduction to the appropriate designated officer of the Supervisor's Unit. Section 2: The Supervisors agree to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgment brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE V. - EMPLOYER SECURITY Neither the Supervisors, their officers or agents, nor any of the employees covered by this Agreement, will engage in, encourage, sanction, support or suggest any strikes, slowdowns, resignations, absenteeism, the willful absence from one's position, the stoppage of work or the abstinence in whole or part of the full, faithful and proper performance of the duties of employment. In the event that any employee violates this Article, the Supervisors shall immediately notify any such employee in writing to cease and desist from such action and shall instruct them to immediately return to their normal duties. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined. 3 0 ARTICLE VI. - EIT-4PLO`_'ER AUTHORITY Section 1: The Supervisors recognize the prerogative of the Employer to operate and manage the affairs of the Police Division of the Department of Public Safety in all respects in accordance with existing and future laws and regulations of appropriate authorities including personnel policies and division work rules. The prerogatives and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer such as, but not limited to: direct employees, hire, promote, transfer, assign, retain employees in positions, and suspend, demote or discharge or take disciplinary action against employees, relieve employees from duties because of lack of work or other legitimate reasons, maintain the efficiency of the government operations; determine the methods, means, job classiications and personnel by which .such J operations are to be conducted, take whatever actions may be necessary to carry out the missions of the Employer in situations of emergency; determine reasonable schedules of work and establish the methods and processes by which work is performed. Section 2: The Employer's non - exercise of any function hereby reserved to it, or its exercising any such function in a particular way shall not be deemed a waiver of its right to exercise such function or preclude the Employer the express provisions of this Agreement. Section 3: The enumeration of the rights and duties of the Employer in this Agreement shall not be deemed to exclude other inherent management rights and management functions not expressly delegated in this Agreement are reserved to the Employer. V ARTICLE VII. - GRIEVANCE PROCEDURE Section 1: Grievances are disputes over the interpretation or application of the express provisions of this Agreement. The parties recognizing that an orderly grievance procedure is necessary, agree that each step must be adhered to as set forth herein or the grievance is forfeited. All grievances must be filed within twenty -one (21) working days after occurrence of the circumstances giving rise to the grievance, otherwise the right to file a grievance is forfeited and no grievance shall be deemed to exist. Section 2: The Employer shall recognize Stewards selected by the Supervisors as grievance representatives of the bargaining unit. The Supervisors shall notify the Employer in writing of the Stewards and of their successors when so named. Stewards shall process grievances at times other than during their normal work schedules unless specifically permitted to do so by the Employer. Section 3: First Step. The Steward shall submit the girevance in writing to the Director of Public Safety. A meeting between the Director of Public Safety, or his representative, and the stewards (s) shall be held at a time mutually agreeable to the parties within ten (10) working days following receipt of the written report. The Director of Public Safety, or his representative, shall give a written answer to the steward(s) within five (5) working days following the meeting. Section 4: Second Step. If the girevance is not resolved in the First Step, the Supervisors shall notify the Director of Public Safety in writing of the desire to appeal within fifteen (15) calendar days after receipt of the Director's 5 i written answer. If such request is made, the grievance shall be reviewed at a meeting between the City Manager, or his representative, entat?ve, the steward (s) and the Director of Public Safety, or his representative, within fifteen (15) working days after receipt by the Director of Public safety of the notice of desire to appeal. A written answer shall be given by the City Manager, or his representative, within fifteen (15) working days after -_e date of the Second Step meeting. Section 5: If both parties, having exhausted the grievance steps provided herein, cannot settle a grievance, either party may submit the issue in dispute to arbitration as provided in the Public Employment Labor Relations Act of 1971. If either party so chooses, he issues in dispute may be submitted to a three member board of arbitration with each party appointing one member of the arbitration board and the third member, who shall se ve as the neutral chairman, to be selected • according to the g provisions of the Public -mnPloyment Labor Relations Act of 1-071. Section 6: If either party so chooses, the issue (s) in dispute may be submitted to a panel of three (3) arbitrators whose neutral chairman shall be a member of the American Arbitration Association 1`•ationa' Panel of Labor Arbitrators. Each party shall, within seven (7) calendar days of `he notification to proceed to arbitration, appoint one member of the arbitration board. The two members thus chosen shall endeavor to select the third member within seven (7) calendar days who shall serve as neutral chairman. If the two members cannot agree upon a third AAA arbitrator within the said seven (7) days, then either party may request the American Arbitration Association to submit a list of five (5) names from which the parties shall select a neutral chairman. The parties shall, within seven (7) days after R the receipt of such a list, select the neutral chairman by striking alternately one name each and the remaining name shall be chairman of the arbitration board. If the parties cannot decide who shall strike the first name, the party entitled to strike the first name shall be determined by the toss of a coin. The decision by a majority vote of the arbitration board shall be final and shall be rendered within thirty (30� days from the date of the arbitration hearing. Section 7: If a grievance is not presented .within the time limits set forth above, it shall be considered "Waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered as settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Supervisors may elect to treat the grievance as denied at that Step and immediately appeal the gievance to the next Step. The time limit in each Step may be extended by mutual written agreement of the Employer and the Supervisors representatives involved in each Step. The term "working days" as used in this Article shall mean the days Monday through Friday, inclusive. Section 8: The arbitrator or arbitration board, shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator or arbitration board shall consider and decide only the specific issues (s) submitted to it in writing by the Employer and /or the Super-visors, and shallbave no authority to make a decision on any other issue not so submitted to it. The arbitrator or arbitration board shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws and rules and regulations having the force and effect of law. The 7 arbitrator or arbitration board shall submit in writing its decision within thirty (3 0) calendar days following close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof. The decision shall be based solely upon his interpretation of the meaning or application of the express terms of the Agreement to the facts of the grievance pres entud . Section 9: All fees and expenses of the impartial chairman shall be shared equally by the Employer paying one -half of such fees and expenses and the Supervisors paying the other half. If one party chooses to proceed to arbitration as per Article VII, Section 6, over the objections of the other party, the party requesting this procedure shall assume the additional expenses over and above those which might be normally incurred as per Article Vil, Section 5. ARTICLF, VIII. - W07- 11. SCHEDULE Section 1: The sole authority in establishing work schedules is the Employer. The normal work day shall be eight (8) to ten (10) consecutive hours as designated on the official divisional schedule, and the normal work week shall be an averaged forty (40) hours. Section 2: Service to the public may require the establishment of daily, weekly, seasonal or annual work schedules which depart from the normal work day or the normal wort: week. The Employer shall, except in the case of Emergency, give the Supervisors notice of such a change in the work schedule as far in advance as is reasonably practicable. ARTICLE IX. - SICK LEAVE Section 1: Sick leave shall be accrued by employees at the rate of eight hours per calendar month, up to a maximum of 800 hours. Thereafter the rate of accrual shall be two hours per calendar.month with no maximum accumulation. Section 2: Sick leave shall not be considered as a right and may not be used at the employee's discretion. Sick leave may be used only in case of actual illness or injury, legal quarantine, to receive dental or medical. care, or for serious illness or death in the employee's immediate family.. Immediate family shall be defined as wife, husband, children, mother, father, brother, sister, grandmother, grandfather, , mother -in -law, and father—law. Brother- in -law and sister -in -law shall be considered as within the definition of immediate family only in the case of death. For serious illness or death in the immediate . family, there shall be a maximum of three days sick leave permitted for any single occurrence. Section 3: To be eligible for payment of sick leave the employee will no _z fy the department two hours prior to the starting time of his scheduled shift. This notice may be waived if the employee could not reasonably be expected to comply because of unusual circumstances. Section 4: The Employer has the right to verify the reported sickness of an employee and may require a doctor's certificate for absence due to sickness in those cases where there appears 'to be an abuse of sick leave. In all instances, the burden of proof for the use of sick leave rests with the employee. 9 i ARTICLE X. - INJURY -ON -DUTY LEAVE • Section l: In those cases where an employee is injured on duty through no- misconduct of his own and while safely performing his assigned duties, he shall- be eligible for Injury -On -Duty Leave. The employee or his representative, must report his injury within forty -eight (48) hours of its occurrence to qualif y for Injury -On -Duty Leave. The Employer shall review each case and shall make a determination on the employee's eligibility for such leave. Section 2: If the employee is found to be eligible for Injury -On -Duty Leave, he shall receive supplementary payments from the Employer equal to the difference between the total amount of all other Employer injury related benefits, i.e., Workmen's Compensation, pension disability benefits, and his normal rate of pay fora maximum of ninety (90) consecutive calendar days. Such supplementary payments shall not be charged against the employee's accrued sick leave. Section 3: Injury -On -Duty Leave shall extend for a maximum of ninety (90) consecutive calendar days immediately following the date of injury. The Employer may require the injured employee to be examined by a physician selected by the Employer in order to determine whether the employee is able to return to work Pursuant to the provisions of Section 4. Section 4: Injury -On —Duty Leave shall be terminated by the Employer at such time as (1) the employee is able to return to work; (2) a duly qualified physician determines that the employee is completely able to perform duties for the Employer within the Department of Public Safety for which he is or may reasonable become qualified to perform by experience, education -or training. 10 ARTICLE XI. - VACATION LEAVE Section 1: All employees shall be eligible for vacation leave except that no employee shall be allowed to use vacation leave until after the completion of one full year of employment. Section_ 2: Employees shall accrue vacation leave according to the following schedule: A. From the beginning of continuous employment through the fifth (5th) year of continuous employment, each employee shall earn vacation at the rate of twelve (12) days per year. B. From the beginning of the sixth (6th) year and on.through the tenth (10th) year of continuous employment each employee shall earn vacation at the rate of fifteen (15) days per year. C. From the beginning of the eleventh (11th) year and on through the fifteenth (15th) year each employee shall earn vacation at the rate of eighteen (18) days per year. D. From the beginning of the sixteenth (16th) year and on, each employee shall, earn vacation at the rate of twenty (20) days per year. Section 3: Vacation leave must be taken within a twelve month period following the completion of the year in which the vacation has been accrued. This provision can be waived if-written authorization is obtained from the Director of Public Safety or his representative. Employees shall use vacation leave in the amounts of not less than one hour. Section 4: In the event an employee voluntarily terminates his employment with the Employer or is discharged, he shall be paid for his accumulated vacation hours 11 as of his termination date, provided he has given two weeks notice of his termination. Employees who voluntarily terminate prior to completing a year, of continuous and active city service shall not be eligible for terminal vacation pay, i Section 5: Department Head Approval. All vacation leave schedules must be approved by the department head or his designated representative and filed in the prescribed manner with the personnel office. In approving such schedules, the department head or his designated representative shall consider the needs of the municipal service and the seniority and wishes of the employee and shall respond to the employee's 'request within a reasonable length of time. ARTICLE XII. - HOLIDAY LEAVE • Section 1: Employees shall receive eighty -eight (88 of . ) hours holiday leave per year. Eight (8) hours of holiday leave shall be granted for each of the following eligible holidays: New Year's Day; Lincoln's Birthday; Washington's Birthday; Good Friday; Memorial Day (the last Monday in May): Independence Day, July 4; Labor Day (the first 1,41onday in September); Columbus Day (second Monday in October); Veteran's Day, November 11; Thanksgiving Day (the fourth Thursday in November); and Christmas Day, December 25th. Section 2: Holiday leave must be taken within a twelve month period following completion of the year in which the leave has been accrued. Section 3: Holiday leave may be taken at any time during the year with the provision that all such leave requests must be approved by the department head or his designated representative. In approving such schedules, the department' head or his designated representative shall consider the needs of the municipal service and the seniority and wishes of the employee and shall respond to the employees request within a reasonable length of time. Employees shall be charged for the use of holiday leave in the amount of not less than two hours per occurrence. Section 4: In the event an employee voluntarily terminates his employment with the employer or is discharged, he 'shall be paid for his accumulated holiday leave hours as of his termination date, provided he has given two weeks written notice of his termination. Employees who voluntarily terminate prior- to completing a year of continuous and active city service shall not be eligible for terminal holiday leave pay. Section 5: In the event an employee terminates his employment with the employer or is discharged and has used more holiday leave than accrued at the date of termination, an adjustment will be made in the employee's compensation resulting in the employee being paid only for holiday leave accrued to the date of termination. ARTICLE XIII. - OVERTIME PAY Section 1: Employees may from time to time be required to perform duties in excess of their normally scheduled work shifts. Such assignments may be 13 ARTICLE XT. - COURT PAY Section l: A police sergeant required to testify in court during off -duty hours shall receive a minimum of two (2) hours pay at time and one -half the employee's 14 at. the reasonable discretion of the employer. Employees shall be required to perform such work unless excused by the employer. Section 2: Overtime compensation either in the form of pay or time off is not provided for the positions of lieutenant or captain. However, the department head may grant reasonable periods of time off when he feels such time off is warranted. - S, ection 3: Sergeants shall be compensated for time worked in excess of one regularly scheduled duty shift within a 24 -hour period. Such compensation shall be at the rate of time and one half the employees regular base rate of pay. Change of shifts within a 24 -hour period and normal job related administrative duties such as attendance at staff meetings does not qualify for overtime, An • exception to this provision includes training time as noted in Article+XVI. ARTICLE XIV. - CALL BACK PAY Section 1: A police sergeant called back 'to work at a time other than his normally scheduled shift for reasons other than in- service training or job related administrative duties such as attendance at staff meetings, shall receive a minimum of two hours pay at time and one -half the employee's regular base pay rate. Reporting early for shift or an extension of a shift shall not qualify for this minimum. ARTICLE XT. - COURT PAY Section l: A police sergeant required to testify in court during off -duty hours shall receive a minimum of two (2) hours pay at time and one -half the employee's 14 • regular base rate of pay. Reporting early for a shift or an extension of a shift for court does not qualify or this Y minimum. ARTICLE XVI. - TRAINING PAY Section I: An employee required to report for duty other than for his scheduled shift for in- service training shall receive compensation at a time and one -half rate either in the form of compensatory time or pay based on the employee's regular bas-= . pay rate. Section 2; The employee may determine to be compensated by pay or compere- satory time. by indicating his selection on his timecard for the period in which the training occurred. Section 3: All compensatory leave must be taken within a twelve month period .. following the year in which it was accrued. Section 4: All compensatory leave requests must be approved by the departmen head or his designated representative. In approving such schedules the department`. head or his designated representative shall consider the needs of the municipal service and the seniority and wishes of the employee and shall respond to the employee's request within a reasonable length of time . ARTICLE XVII. - INSURAI`TCE Section 1: The Employer shall pay the full cost of the individual employee's health insurance premium of the Employer's group health coverage. Section 2: The Employer shall pay $24.50 per month toward the cost of the dependent health insurance premium of the Employer's group health coverage. 15 Section 3: The Employer shall provide the employee with term life and accidental death and dismemberment insurance in the amount of $5,000. Section 4: The Employer shall continue to provide the employee with full false arrest insurance. ARTICLE XVIII. - TUITION REIMBURSEMENT Section 1: The Employer shall continue to provide the benefits of the Richfield Employee Advancement Program. Section 2: Under provisions of the Richfield Employee Advancement Program, the employee may receive reimbursement of the cost of tuition of those courses which have a direct relationship to the responsibilities embodied in the employee's position classification. The employee shall initially make payment for the full cost of such tuition, but shall be reimbursed upon submission of a satisfactory grade for the course taken and a paid receipt for the tuition cost. Participating -, employees shall be required to receive department head approval of each course taken in order to be eligible for reimbursement. ARTICLE XLX. - COL.LEGE INCENTIVE PAY Section 1: Eligible employees shall receive forty -five cents ($.45) per month for each approved college quarter credit earned. The maximum allowance for college incentive pay shall be $972 per year for one- hundred and eighty (180) approved college quarter credits. 16 Section 2: College credits earned by an employee must be approved by the Director of Public Safety in order for the employee to receive college incentive pay for such credits. In order for college credits to be approved, such credits must apply toward the attainment of a four year job - related college degree. - Section 3: Employees must complete two years of service before becoming eligible to receive incentive pay. Section 4 The Director of Public Safety may withhold all or part of an employee's college incentive pay if the employee receives an unsatisfactory summary evaluation on his work progress report. Section S: Participating employees shall be required to earn at least three (3) college quarter credits per year in order to continue to be eligible for college • incentive pay. This requirement may be waived by the Director of Public"Safety in individual cases. This provision would not apply once an employee has been granted his four year college degree. Section 6: An employee must receive a passing grade equivalent to a "C" or better in order to receive college incentive pay for credits earned. Section 7: Effective on the first day of the pay period closest to January 1, 1973,. eligible employees shall receive college incentive pay for approved credits up to a maximum of one - hundred and eighty (180) quarter credits or the equivalent number of semester credits. ` Section 8: College incentive pay shall be -applied quarterly to the employee's regular rate of pay. 17 Section 9: Employees appointed after January 1, 1973, shall not receive college incentive pay for the number of college quarter credits which were required by the Employer at the time of the employee's initial appointment. ARTICLE XX. - LONGEVITY Section 1: Eligible employees shall receive a longevity payment of 1% based on.current bi- weekly base salary after t ;e completion of five years of continuous service. Eligible employees shall receive a longevity payment of 27c after the completion of ten years of continu -ous service, such payment to be based upon the employee's regular base rate. Section 2: Employees appointed after January 1, 1973 shall not be eligible for longevity pay during their employment with the Employer. Section 3: Employees appointed prior to January 1, 1973 who have less than five years of service as of January 1, 1973 shall be given the option to either receive longevity pay as per Article XX, or to receive college incentive pay for approved college quarter credits. At the time the employee should elect to receive college incentive pay, he shall no longer be eligible to receive longevity pay. Section 4: Employees receiving longevity pay as of January 1, 1973; may choose to either continue receiving longevity pay or receive college incentive pay for approved college quarter credits. At the time an employee should elect to receive college incentive pay, he shall no longer be eligible for longevity pay. ARTICLE XXI. - CL,OTrIiI• G ALLOViANCE Section 1: The clothing allowance will be up to $200 per year. This allo vance is for the maintenance, repair and replacement of uniforms and equipment initially 18 provided by the Employer and for civilian clothing n for those g employees assigned to work in plainclothes. ARTICLE XXII. - SENIORITY VACATION RIGHTS AND ASSIGNMENTS Section l: For purposes of this Agreement, seniority shall mean the length of continuous service an employee has worked within a position classification commencing with the employee's first full day of work within that classification. Section 2: Vacation selection rights shall be determined within work groups by seniority provided requests for vacation leave are submitted by June 1. Section 3: The Employer and Supervisor agree with the principle that seniority shall be a factor in making assignments. !: Section 4: The Employer agrees to furnish the Supervisor with an -to -date • _up list every twelve (12) months showing the position classification, appointment date and length of continuous serZ7ice for employees represented by the Supervisors. ARTICLE YXIII. - SAFETY Section, l: Both the Employer and the Supervisor agree to maintain sanitary and safe working conditions and equipment. ARTICLE XX111. - SAVINGS CLAUSE Section 1: This Agreement is subject to the laws of the United.States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to lave by a court of competent 19 jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE ?OI. - CONTRACT ARBITRATION Section 1: If the Employer and Supervisor are unable to reach an agreement on a future written contract or memorandum of contract, either party may submit the issue(s) in dispute to arbitration as provided in the Public Employment Labor Relations Act of 1971. If either party so chooses the issue(s) in dispute may be submitted to a three member board of arbitration with each party appointing one member, of the arbitration board and the third member, who shall serve as the neutral chairman_, to be selected according to the provisions of the Public Employment Labor Relations Act of 1971. Section 2: If either party so chooses, the issue*(s) in dispute maybe sub- mitted to a panel of three (3) arbitrators ::hose neutral chairman shall be a member of the American Arbitration Association National Panel of Labor Arbitrators. Each party shall, within seven (7) calendar days of the notification to proceed to arbitration, appoint one ::_ember of the arbitration board. The two members thus chosen shall endeavor to select the third member within seven (7) calendar days who shall serve as ineutrai chairman. If the two members cannot 20 agree upon a third AAA arbitrator within the said seven (7) days then either party may request the American Arbitration Association to submit a list of five (S) names from which the parties shall select a neutral chairman. The parties shall, within seven (7) days after the receipt of such a list, select the neutral chairman by striking alternately one name each and the remaining name shall be chairman of the arbitration board. If the parties cannot decide who shall strike the first name, the party entitled to strike the first name shall be determined by the toss of a coin.. The decision by a majority vote of the arbitration board shall be final and shall be rendered within thirty (30) days from m the date of the arbitration hearing. Secs 3: All fees and expenses of the impartial chairman shall be shared equally by the Employer paying one -half of such fees and expenses and the_ Supervisor paying the other half. If one party chooses to proceed to arbitration as per Article XXV, Section 2 over the objections of the otherparty, the party requesting this procedure shall assume the additional expenses over and above t:�ose which might be normally incurred as per Article )aV, Section 1. ARTICLE XXVI. SALARY SCHEDULE Secs 1: The following is-the pay schedule for 1977 to be implemented by Employer on January 1, 1977. 21 1977 Monthl Pa Rates Grade --- -1—_r 2 3 P 4 $1315.94 $1388.12 $1416.25 $1544.58 $1630.99 P 5 $1423.33 $1501.41 $1583.77 $1670.68 $1763.28 P 6 $1539.00 $1623.43 $1712.48 $1806.42 Norms a Pr ogre $1905.93 ssion Through Grade . . 1 2 3 4 5 (Starting) (After 1 year) (After 2 years) (After 3 years (After 4 ) Years;: Grade Assignment (: Position Classification .Grade Hours /Week - Police Sergeant Police Lieutenant PF 4 40 PF 5 Police Captain 40 PF 6 40 • - ARTICL.E XXVII -- COME AGREEI��EITT AND WAIVER OF BAPGAIi�TING Section 1: The parties acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make ce mands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements g eernents arrived at by the parties after the exercise of that right and the opportunity are set forth . in this Agreement. Therefore, the Employer and the Supervisor for the life of this Agreement each voluntarily waive the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though such subject or matter may riot have been within the knowledge or contemp]ati�n of either both of the parties at the time of negotiations or signing r gning of this Agreement. 22 ARTICLE M11H. - TERMS OF THE AGREEMENT This Agreement shall be in full force and effect from January 1, 1977 to December 31, 1977 and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing on or before June 1, 1977 that it desires to modify or terminate this Agreement. In witness, thereof, the undersigned have caused this Agreement to be executed this day of December, 1977. FOR THE CITY OF RICHFIELD FOR THE RICHFIELD POLICE SliPERVISORY EMPLOYEES 23 RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND THE RICHFIELD POLICE SUPERVISORY EMPLOYEES BARGAINING UNIT FOR THE YEAR 1977 WHEREAS, the City Manager and the Richfield Police Supervisory Employees Bargaining Unit have reached a complete understanding concerning rates of pay, hours and other conditions of employment for the year 1977, and WHEREAS, the Personnel Ordinance required that contracts between the City and the exclusive representative of employees in an appropriate bargaining unit shall be implemented by council resolution. ° NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and the Richfield Police Supervisory Employees Bargaining Unit for the year 1977 and orders the provisions of the labor agreement to be implemented effective January 1, 1977. Passed by the City Council of the City of Richfield this 10th day of January,? ; 1977. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM THE 1977 CONTINGENCY TO PUBLIC SAFETY DEPARTMENT WHEREAS, Resolution No. 5590 appropriated funds for each department of the City for the year 1977, and WHEREAS, a contingency appropriation was made in the General Fund for various purposes, including the 1977 salary adjustments and related fringe benefit contributions, and WHEREAS, the labor contract between the City of Richfield and the Richfield Police Supervisory Employees for 1977 provides for pay plan and certain supplemental wage benefits, and WHEREAS, it is hereby determined necessary to adjust the 1977 budget appropriation $11,928 to reflect adjustments required by the labor contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Richfield that the sum of $11,928 be transferred from the contingency appropriation of the General Fund. to the Public Safety Department. Passed by the Council of the City of Richfield-this 10th day of January, 1977. F RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM 1977 CONTINGENCY ACCOUNT TO THE PUBLIC SAFETY DEPARTMENT' WHEREAS, there is on file with the city clerk of the City of Richfield a signed labor contract between the Richfield Police Officers Bargaining Unit and the City of Richfield, ' and r se on provides for an i c ea in the contract t p WHEREAS Article XVIII of that c 'h health insurance contribution on the part of the city to cover the cost of full single coverage and $24.50 toward dependent coverage, and 7 d necessary to increase the 19 7 budget WHEREAS it is hereby determine y g Y appropriation in the Public Safety Department account number 4110 to cover the increased costs of this contractual agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the sum of $6,950 will be transferred from the contingency appropriation of the general fund to account number 4110 of the Public. Safety Department. Passed by the City Council of the City of Richfield on this 10th day of January, 1977. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk 0 January 3, 1977 :i JAII4 _1 or n " Mayor Loren Law and Richfield City Council Richfield City Hall 6700 Portland Avenue South Richfield, Minnesota 55423 Dear Mayor and Council; ' At their December 9 meeting, The Storefront's board of directors voted in favor of merging The Storefront with Y©uth'Action, a private non - profit corporation providing counseling services to youth and families in Edina. On December 149 the board of directors at Youth Action approved the merger. Since this past August 1 have been directing Youth Action as well as The Storefront. This was done on a trial basis with a committee from the two boards monitoring the arrange- ment, After a four month trial the recommendation from the committee to the two boards was to formally merge the two corporations. The merger will bring about one corporation with one board of directors, one administration, and two programs, The Storefront program operating out of Richfield and the Youth Action program operating out of Edina. The following reasons were cited in favor of merging the corporations: (a) a broader geographical area served in seeking private funding; (b) improved coordination of youth diversion services in the South Hennepin Area; (c) stronger specialized programs such as the Chemical Orientation Program which can serve the entire South Hennepin Area; (d) a broader geographical area served in seeking federal, state, or county funds; (e) a reduc- tion in administrative costs for the two programs. The corporate name will be Storefront /Youth Action. We will continue the program names of The Storefront and Youth Action. We will also continue to provide the services we have been providing in Richfield.. Mr. Tom -Morgan, Storefront board member, and Mr. Gene Jacobsen, liaison member to Storefront board of directors, have been involved in the process of deciding on the merger and are supportive of the decision. i i Mayor Loren Law and ` Richfield City Council January 3, 1977 Page 2 I would welcome an opportunity to appear before the Council to more fully explain the merger and to answer any questions you.mayahave regarding this matter. j t } Sincerely.. Steve Lepinski Director The Storefront I SRL d cc: Wayne Burggraaff Joyce Wilde December 15, 1976 City Council City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55+23 Gentlemen: SUN NI- wsi3mm :Rs 6601 WEST SEVENTY - EIGHTH STREET EDINA, MINN. 55435 • 941 4800 1 � 1976 I Ylichiie(u City Manager `y Your designation of the Richfield Sun. to be your official news- paper for the year 1977 will be most appreciated The rate for legal publications as set by Minnesota law is 20.5¢ per line for ' th.e first insertion, 13.6¢ per line for each subsequent insertion. Tabular matter, i.e., proper names, numbers, legal descriptions, etc. is 6.9¢ per line additional for the original insertion with no additional charge for repeats of the original insertion. We will provide, at no additional charge, two notarized affidavits on each of your publications. Additional notarized affidavits, on request, will be furnished at 25¢ each. All publications should reach this office by 3 p.m. Monday pre- ceding your Wednesday publication. In order to expedite our services to you, it is requested that you direct your publications to the attention of Cicely Moon, Legal Department, 6601 West 78th Street, Edina, Minnesota 55+35• Thank you for your consideration. of this, our official application. for designation of the Richfield Sun as your official newspaper for the ensuing year. Very truly yours, SUN NEWSPAPERS, INC. James R. Ritchay Executive Vice President JRR:cm a