11-22-82 agendaCITY OF RICHFIELD, MINNESOTA
Office of City Manager
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Council Letter No. 361
V
Agenda November 22, 1982
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Subject: Resolution Authorizing the Sale and Issuance
of $900,000 of Commercial Development Reven-
ue Bonds for Decotah Properties (Corporate
Travel)
At the July 14, 1980 city council meeting, the city council
held a public hearing and passed a resolution giving prelimin-
ary approval for the issuance of Commercial Development Revenue
Bonds for the development of a five story, 61,660 square foot
commercial office building on the vacant site lying adjacent
to 76th Street and I35W.
The final step in this process is for the city council to
adopt a resolution authorizing the sale and issuance of the
Commercial Development Revenue Bonds. The attached resolution
is a general description of the transaction that is to occur
and it also approves all the necessary documentation, as well
as orders the execution and delivery of the bonds and related
underlying documents. A file copy of all of the documents to
be approved is available at the city hall offices.
It is recommended that the city council adopt the attached
resolution authorizing the the sale and issuance of these bonds.
Respectfully submitted,
L� fQ ,'_
Karl Nollenberger
City Manager
cc: City Clerk
Finance Coordinator
Community Development Director
City Planner
KN /eja
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CERTIFICATION OF MINUTES RELATING TO
$900,000 COMMERCIAL DEVELOPMENT REVENUE BONDS
Issuer: City of Richfield, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting,
held on November 22, 1982, at o'clock p.m., at the
City Hall.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (pages):
RESOLUTION NO.
RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF
COMMERCIAL DEVELOPMENT REVENUE BONDS UNDER THE
MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT TO
FINANCE A PROJECT THEREUNDER, SECURED BY PAYMENTS TO
BE RECEIVED PURSUANT TO A LOAN AGREEMENT, A PLEDGE AND
ASSIGNMENT OF THE CITY'S INTEREST IN THE LOAN
AGREEMENT AND PAYMENTS THEREUNDER TO A TRUSTEE, AND A
LETTER OF CREDIT FROM THE FIRST NATIONAL BANK OF SAINT
PAUL IN FAVOR OF THE TRUSTEE, AND AUTHORIZING THE
EXECUTION OF DOCUMENTS
I, the undersigned, being the duly qualified and
acting recording officer of the public corporation issuing
the obligations referred to in the title of this
certificate, certify that the documents attached hereto,
as described above, have been carefully compared with the
original records of said corporation in my legal custody,
from which they have been transcribed; that said documents
are a correct and complete transcript of the minutes of a
meeting of the governing body of said corporation, and
correct and complete copies of all resolutions and-other
actions taken and of all documents approved by the
governing body at said meeting, so far as they relate to
said obligations; and that said meeting was duly held by
the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to
call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording
officer this day of November, 1982.
Signature
(SEAL) Sylvia K. Bergh,
City Clerk
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF
COMMERCIAL DEVELOPMENT REVENUE BONDS UNDER THE
MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT TO
FINANCE A PROJECT THEREUNDER, SECURED BY PAYMENTS TO
BE RECEIVED PURSUANT TO A LOAN AGREEMENT, A PLEDGE AND
ASSIGNMENT OF THE CITY'S INTEREST IN THE LOAN
AGREEMENT AND PAYMENTS THEREUNDER TO A TRUSTEE, AND A
LETTER OF CREDIT FROM THE FIRST NATIONAL BANK OF SAINT
PAUL IN FAVOR OF THE TRUSTEE, AND AUTHORIZING THE
EXECUTION OF DOCUMENTS
BE IT RESOLVED by the City Council of the City
of Richfield, Minnesota (the City), as follows.-
Section 1. Authorization and Recitals.
1.01. General Authority. The City is authorized by
Minnesota Statutes, Chapter 474, as amended (the Act), to
issue its revenue bonds and to make secured or unsecured
loans to finance the acquisition of real property and the
acquisition or construction of buildings and improvements
on such real property and.the installation of machinery
and equipment of any and all kinds and any other personal
properties deemed necessary in connection with a project,
as defined in the Act.
1.02. Proposed Project and Bonds. Representatives of
Dacotah Properties, a Minnesota general partnership (the
Obligor), have proposed that the City, acting under and
pursuant to the Act, issue and sell its Commercial
Development Revenue Bonds (Corporate Travel Building
Project), Series B in the aggregate principal amount of
$900,000 (the.Bo nds), for the purpose of defraying -a
portion of the costs of a Project (the Project) consisting
of the acquisition of land and construction thereon of an
approximately 61,660 square foot commercial office
building. Pursuant to the proposal, the proceeds of the
Bonds will be loaned by the City to the Obligor and the
Obligor agrees to make payments sufficient to pay the
principal of, premium, if any, and interest on the Bonds.
The City will assign its interest in the Loan Agreement
(as hereinafter defined) to a Trustee (as hereinafter
defined).
1.03. Prior Approval. On July 14, 1980, this Council
adopted a resolution giving preliminary approval to the
Project and authorizing preparation of necessary documents.
1.04. Project Cost. The Obligor has advised this
Council, and this Council hereby finds, that the estimated
total costs of the Project at the present time equal
appoximately $5,000,000, a portion of which will be paid
by the Bonds. It is the intention of the Obligor to
finance the remaining costs from an additional series of
revenue bonds to be issued pursuant to the Act; however,
pursuant to the Loan Agreement, all costs of the Project
in excess of the proceeds of the Bonds available therefor
are required to be paid by the Obligor.
1.05. Documentation. Forms of the following
documents relating to the Project have been prepared and
submitted to this Council and are hereby directed to be
filed with the City Clerks
(a) a Loan Agreement (the Loan Agreement), to be
dated as of December 1, 1982, proposed to be made and
entered into between the City and the Obligor pursuant to
which the City loans the proceeds of the Bonds to the
Obligor;
(b) an Indenture of Trust (the Indenture), to be
dated as of December 1, 1982, proposed to be made and
entered into between the City and First Trust Company of
Saint Paul, as trustee (the Trustee), creating and
authorizing the issuance of and establishing the terms and
conditions of the Bonds;
(c) an Irrevocable Standby Letter of Credit (the
Letter of Credit) , to be dated as of December 1, 1982t to
be given by The First National Bank of Saint Paul (the
Bank) in favor of the Trustee, authorizing the Trustee to
draw upon the Bank for sums sufficient to pay the
aggregate principal of and interest on the Bonds when due;
and
(d) a Bond Purchase Agreement (the Bond Purchase
Agreement) to be executed by the City, Obligor, Bank and
Miller & Schroeder Municipals, Inc. (the Underwriter)
relating to the terms and conditions for the purchase of
the Bonds by the Underwriter.
Section 2. Findings.
It is hereby found, determined and declared that:
(a) the Project, as defined herein and in the
Loan Agreement, constitutes a project authorized by
Section 474.02, Subdivision la of the Act;-
(b) the purpose of the Project is and the effect
thereof will be to promote the public welfare by
encouraging and retaining the location, retention and
development of economically sound industry and commerce
within the City so as to prevent, so far as possible, the
emergence of blighted and marginal lands and areas of
chronic unemployment; by promoting the use of available
resources of the community thereby retaining the benefit
of its existing investment in educational and public
service facilities; by discouraging the movement of
talented, educated personnel of mature age to other areas,
thus preserving the economic and human resources needed as
a base for providing governmental services and facilities;
and by encouraging more intensive development of land in
the City to provide an adequate and better balanced tax
base to finance the increase in the amount and cost of
governmental services;
(c) the Project is located in the City, at a
site which is readily accessible to employees residing
within the City and the surrounding community;
(d) the Project will add to the tax base of the
City and overlapping taxing jurisdictions;
(e) the Project has been approved by the
Commissioner of Securities of the State of Minnesota, as
'tending to further the purposes and policies of the Act;
(f) the loan payments contained in the Loan
Agreement are fixed, and are required to be revised from
time to time as necessary, so as to produce income and
revenue sufficient to provide for prompt payment of
principal of, premium, if any, and interest on all Bonds
issued under the Indenture when die; and the Loan
Agreement also provides that the Obligor is required to
pay all expenses of the operation and maintenance of the
Project, including, but without limitation, adequate
insurance thereon and insurance against all liability for
injury to persons or property arising from the operation
thereof, and all taxes levied upon or with respect to the
Project and payable during the term of the Loan Agreement;
(g) under the provisions of Section 474.10 of
the Act and as provided in the Loan Agreement and
Indenture, the Bonds are not to be payable from nor
charged upon any funds of the City other than the revenue
pledged to the payment thereof and amounts drawn under the
Letter of Credit; the City is not subject to any liability
thereon and no holders of the Bonds shall ever have the
right to compel any exercise of the taxing powers of the
City to pay any of the Bonds or the interest thereon nor
to enforce payment thereof against any property of the
City; the Bonds shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the
City except its interest in the Loan Agreement; each Bond
issued under the Indenture shall recite that the. Bonds,
including interest thereon, are payable solely from the
revenues pledged to the payment thereof and amounts drawn
under the Letter of Credit; and no Bond shall constitute a
debt of the City within the meaning of any charter,
constitutional or statutory limitation.
3. Authorization and Ap2roval of the Project
Loan Agreement, Bond Purc ase Agreement and Indenture.
The City is hereby authorized to provide for the
acquisition, construction and equipment of the Project and
to pledge and assign the revenues therefrom and its
interest in the Loan Agreement, all as provided in the
Loan Agreement and*the Indenture. The forms of the Loan
Agreement, the Indenture, the Bond Purchase Agreement and
Letter of Credit referred to in Section 1.05 are approved
subject to such modifications as are deemed appropriate
and approved by the City Attorney and the Mayor; approval
of the Loan Agreement, the Indenture, the Bond Purchase
Agreement and the Bonds shall be conclusively evidenced by
execution thereof by the Mayor and City Manager. The
Mayor and City Manager are directed to execute the Loan
Agreement, the Bond Purchase Agreement and the Indenture
in the name of and on behalf of the City. Copies of all
of the documents shall be delivered as provided therein.
The Mayor and City Manager are also authorized and
directed to execute such other instruments as may be
required to give effect to the transactions herein
contemplated.
4. Official Statement.
The Bonds will be offered for sale by the
Underwriter to the public by means of an Official
Statement (the Official Statement). As of the date of
adoption of this resolution, a draft of the Official
Statement has been prepared and presented to the Council.
The City hereby consents to the distribution of the draft
of the Official Statement to prospective purchasers of the
Bonds. The City has not participated in the preparation
of the Official Statement, has made no independent
investigation with respect to the information contained
therein and assumes no responsibility for the sufficiency,
accuracy or completeness of such information.
5. The Bonds; Terms, Sale and Execution.
5.01. Authorization. In anticipation of the
collection of revenues of the Project, the City shall
proceed forthwith to issue its Bonds dated as of
December 1, 1952, in the form and upon the terms set forth
in the Indenture, the Official Statement and this resolution.
The Bonds shall be sold by the City to the Underwriter in
accordance with the Bond Purchase Agreement. The Bonds
shall mature December 1, 2012; shall bear interest during
the period December 1, 1952 through December 1, 1992 at a
rate per annum not in excess of 12 %; and shall thereafter
bear interest for each six month period at a rate equal to
the average of the Bond Buyer Municipal Revenue Bond Index
for the preceding six months.
5.02. Execution. The Mayor and City Manager are
hereby authorized directed to execute the Bonds as
prescribed herein and in the Indenture and to deliver them
to the Trustee, together with a certified copy of this
resolution, the other documents required in the Indenture,
and such other certificates, documents and instruments as
may be appropriate to effect the transaction herein
contemplated. The Trustee is hereby appointed
authenticating agent pursuant to Minnesota Statutes,
Section 475.55, Subdivision 1.
5.03. Modifications, Absence of Officers. The
approval hereby given to the various documents referred
to above includes an approval of such final details
therein as may be necessary and appropriate_ and such
modifications thereto, deletions therefrom and additions
thereto as may be necessary and appropriate and approved
by the Mayor and City Attorney prior to the execution of
the documents. The execution of any instrument by the
appropriate of or officers of the City herein
authorized shall be conclusive evidence of the approval of
such documents in accordance with the terms hereof. In
the event of the absence or disability of the Mayor, any
of the documents authorized by this resolution to be
executed, may be executed by the acting Mayor and in the
event of the absence or disability of the City Manager by
such officer of the City who, in the opinion of the City
Attorney, may execute such documents.
6. Authentication of Proceedings. The Mayor and
City Manager and other officers of the City are authorized
and directed to furnish to the Bank, as agent for the
original purchasers, and bond counsel certified copies of
all proceedings and records of the City relating to the
Bonds, and such other affidavits and certificates as may
be required to show the facts relating to the legality and
marketability of the Bonds as such facts appear from the
books and records in the officer's custody and control or
as otherwise known to them; and all such certified copies,
certificates and affidavits, excluding any heretofore
furnished, shall constitute representations of the City as
to the truth of all statements contained therein.
Mayor
Attest:
City Clerk
The motion for the adoption of the foregoing
resolution was duly seconded by Member ,
and upon vote being taken thereon, the following voted in
favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and
adopted and was signed by the Mayor whose signature was
attested by the City Clerk.
L
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
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#7
Council Letter No. 360
Agenda November 22, 1982
Subject: Ordinance Amending Sign Ordinance Provision
Pertaining to Billboards. First Reading.
Attached for city council consideration is an ordinance
amending certain sections of the city's sign regulations. The
purpose of these regulations is to clarify the provisions of the
ordinance as they pertain to billboards, to simplify administra-
tion, and to make the regulations more legally defensible. The
new regulations also provide additional restrictions on billboard
size and location. The following is a summary of the major re-
visions proposed:
1. The definitions of billboards and other advertising
signs have been clarified.
2. The council will be required to hold a public hear-
ing before a permit can be issued to construct a
billboard. Notice of the hearing must be mailed to
property owners within 660 feet of the proposed sign.
Any permit issued will be for a period not to exceed
five years. At the end of the permit period, a new
permit will have to be obtained or the billboard re-
moved. Currently no hearings are required.
3. The maximum height of billboards has been increased
from 27 feet to 40 feet, provided that the city
council makes certain findings and approves the in-
creased height. The existing ordinance allows the
council to grant special permits for signs up to 40
feet high if certain other conditions are met.
4. All billboards would have to be freestanding signs.
New wall or rooftop billboards would be prohibited.
5. Minimum spacing of billboards would be increased
from 300 feet to 1,000 feet.
�1
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Council Letter No. 361 -2-
November 22, 1982
6. Existing non - conforming billboards could not be
expanded, rebuilt, relocated or altered without
being brought into conformity with the ordinance.
All non - conforming billboards would have to be re-
moved within five years. The council could extend
this period if it is found that the removal of the
sign would deprive the sign or property owner of a
valuable property right.
It is recommended that the city council give first reading
approval to the attached ordinance amendment and schedule the
public hearing on this matter for December 13, 1982.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /eja
cc: Community Development Director
Chief Building Inspector
AMENDMENT TO CHAPTER III,
PART V, OF THE ORDINANCE
CODE OF THE CITY OF
RICHFIELD, MINNESOTA
City of Richfield Does Ordain:
Chapter III, Part V, of the Ordinance Code of the City of
Richfield entitled "Signs and Billboards" is hereby amended as
follows:
I. By amending Section 3.47 thereof in the following respects:
1. The first sentence of Subdivision 1 thereof is amended
to read as follows:
Subdivision 1. Definitions.
the meanings ascribed to them in
3.48 and 3.49 of this Code:
The following terms shall have
this section and in sections
2. Paragraphs (2), (4), and (5) of Subdivision 1 are here-
by amended to read as follows:
(2) "'Advertising Sign;- Adver #_4s4:mg' means a sign the primary
function of which is to direct attention to a commercial
product, commercial service or commercial activity that
is sold er offered, or conducted either elsewhere or
upon the premises where such sign is located, or to
which it is affixed.
(4) "' Situs means a an advertising
sign; -e- gay- �setes- e- wheh- s -e -dea 44y -a
gs��ie- sse- �eeated- sperm - the- ��e��ses- where -s�eh -sign
is- �eeaed;- e- e- wheh- sseh -sg -s -axed- which is
located upon the premises where the advertised business
activity, use, product, services, entertainment, commod-
ities are sold, conducted or offered and which does not
come within the definition of "billboard" as defined in
paragraph 5) of this subdivision. S4:gns- edemt4!9y4-nq
cexgnte�e�a�- uses -may- earl- a��ea��e� -fie- the- p�ed�e�;
se��iee- e�- ae��s��y- wh�eh -�s- seed- e�- e��e�ed -ea -the
premises. Situs signs identifying industrial uses may
also call attention to the product, goods or material
which is produced, preeessed- or assembled er- stered
spec on the premises."
(5) "'Billboard' means an advertising sign leeaed -® -the
p�e�i9ee- where - the- ad�e��ised- p�ed�e�- �s- s ®�d - ®�
ef�e�ed--- ��- ie- �saally- bad- �e�- �eeeesa�ily °ew�ed -b�
a °adeteiag- ee�ay- which advertises businesses,
uses, products, services, entertainment, commodities
or other activities not primarily or exclusively sold,
offered or conducted at the premises where the sign is
located. The term shall not include the names of
businesses, or the products or services offered by such
businesses, having multiple locations under the same
business name if the advertising sign is located on the
premises of the business and does not specifically
advertise any other location."
3. Subdivision 1 is hereby amended by adding thereto the
following new paragraph (17):
11(17)'Freestanding Sign' means a sign attached to the ground
on its own structures and which is not attached to any
building or building structure."
II. By amending Section 3.49 thereof in the following respects:
1. By amending Subdivisions 2, 3, 4, 5, 6, and 8 thereof
to read as follows:
"Subd. 2. Ground Signs. No ground sign;- eJ:gm15eard7- ea!- ]5}41-
beadd shall exceed 27 feet in height above the average ground
level of that part of the street toward which it faces, nor shall
such structure exceed 65 feet in length (including the base there-
of) unless a special permit therefor has been granted as herein-
after provided. Every ground sign, signboard or billboard except
temporary ground signs shall have a space of at least 2 feet
between the lower edge thereof and the ground, which space shall
not be closed in any manner. The provisions of this subdivision
do not apply to billboards."
"Subd. 3. Special Permit. The council may grant a special
permit for a ground exceeding 65
feet in length, but only if it finds that such structure (1) will
not be lighted or illuminated; (2) will be located on general
commercial or industrial property and at least 190 feet from the
street or highway which it faces; (3) will not be faced toward
any residences or residential property and will not be within 200
feet of any residential properties; (4) will not unduly obstruct
visibility of neighboring property; (5) will bear only the name
of the business or industry being conducted on the property on
which it is located; and (6) will not adversely affect the value
of any adjacent property. The provisions of this subdivision do
not apply to billboards."
"Subd. 4. Special Permits - Height. The council may grant
a special permit for a ground exceed-
ing 27 feet in height, but only if it finds that such structure
(1) if located on property adjacent to a federal freeway, will
not exceed 35 feet in height or the highest part of any building
located on the same premises; whichever is higher; (2) if not
located adjacent to a federal freeway, will not exceed in height
the highest part of any building located on the same premises;
(3) will be located on industrial property; (4) will not be
within 300 feet of any single family residence property; (5) will
not unduly obstruct visibility from neighboring properties; (6)
will not in any event exceed elevation of 204, Richfield datum;
and (7) will not adversely affect the value of any adjacent prop-
erty. If the sign for which the special permit is issued is a
double -faced sign the council may permit the sign to have screen-
ing standing not more than 10 feet above the face of the sign,
in addition to the maximum elevations hereinbefore specified; pro-
vided that such screening must consist of a plain metal surface
bearing no advertising matter, lettering or writing. The provi-
sions of this subdivision do not apply to billboards."
"Subd. 5. Application to Council for Permits. The council
may attach conditions to the granting of any such permit; such
permit shall be for a period of no more than five years. At the
end of the permit period, the sign shall not be retained on the
premises but shall be removed by the property owner unless a new
special permit therefor has been granted. The application for any
such structure shall describe the signT- sigabeardT- eff- biiibeard
in detail, including the copy to be used thereon, and such sign
shall be constructed and maintained, during the permit period,
in accordance with and subject to the application and any special
conditions imposed by the council."
"Subd. 6. Conditions for Special Permit. The council may
attach conditions to any such special permit. No such permit
shall be for a period of more than five years. At the end of
the permit period, the sign shall not be retained on the premises
but shall be removed by the property owner unless a new special
permit therefor has been granted. The applicant for any such
structure shall describe the signT- signbeaffdT- eff- biiibeaffd in
detail, including the copy to be used thereon, and such sign
shall be constructed and maintained, during the permit period,
in accordance with and subject to the application and any special
conditions imposed by the council."
"Subd. 8. Eieaanee-ef-6igs- fie- ieetieai- Eendsetes-
�he- eiearasee- ei- as{- s!qm- frefft- sEbi-eteeted- eieetrieel
eesdsetees- �whetbe�- gees- e�- etbe�- isstaiiatieas }- sbaii -be -set
Tess - thaw- 36- iaehes- f�e�- eesdaete�s- ea���is�- set- e�e�- fi88 -�eits
asd- 48- i�ehes- f�e�- eeadaete�s- ea���iag -�e�e -these- 688- �eits-
Billboards, General Requirements and Restrictions.
(1) Permit Required. No billboard may be established in
the city unless a permit is first obtained. Permits
may be issued by the city council only after a public
hearing preceded by the giving of 10 days notice mailed
to the occupants of all properties located in whole or
in part within 660 feet of the proposed billboard The
permit will be for a period not to exceed 5 years from
the date of issue. At the expiration of the permit
period, and unless a new permit is first issued, the
sign shall be removed from the property. The council
may attach conditions upon the granting of any permit.
(2) The following regulations apply to all billboards with-
in the city.
(a) Billboards are permitted only in the C -2, PC-2, I
and P -I districts of the city.
(b) A billboard may not exceed 825 square feet in sign
area.
(c) A billboard may have no more than 2 sign faces.
All billboards will be freestanding signs either
rtea ny a single or double column or some
otner support which has all structural and support
members screened from view from all directions.
(e) Billboards may not be located closer than 1,000
feet apart as measured along the same side of the
same roadway.
(f) Billboards must be at least 300 feet from the
boundary of any residentially zoned property which
they face.
(g) Billboards may not be located within 300 feet of
any school or church.
(h) Billboards must comply with the setback require-
ments for buildings in the zoning district in
wnicn they are located. Any variance from t ose
requirements will be subject to the procedure
established in the zoning code for such variances.
(i) No billboard may exceed 27 feet in height above
the ground level of the nearest street towards
where it faces. The Council may permit an increase
in the allowable height to a maximum of 40 feet in
the event that the following findings are made.
i) As a result of unique circumstances, a sign
27 feet in height could not be located on the
premises so as to be visible from the abutting
street which it faces or that visibility of
the sign from such street could be substan-
tially obstructed.
ii) The increased height of the sign would be
unlikely to have any adverse or detrimental
impact upon traffic safety, pedestrian
safety, aesthetics, or the value of other
properties within the area.
(j) No billboard may exceed 65 feet in length.
(4) Non - conforming Billboards. Billboards lawfully erected
and located on the effective date of this section may
continue subject to the following limitations:
(a) Except as provided in Subdivision 9 of this
ordinance, no non - conforming billboard may
be expanded, rebuilt, relocated or altered
without beinq brought into conformity with
requirements of this ordinance.
(b) Any billboard which is not used for adver-
tising purposes for a period of more than
two years shall be deemed abandoned and must
e removed by the owner of the parcel on
which it is locate
(c) All non - conforming billboards not brought
-' into conformance with the provisions of this
section within 5 years of its effective date
must be removed.
(5) Variance to Removal Date. The council may, upon appli-
cation of a non - conforming billboard owner, consider an
extension or modification to the date on which the bill-
board must be removed. Such extension or modification
may be granted only upon a finding, that such removal
would deprive the owner of the sign or the owner of the
premises upon which it is located of a valuable property
right. The council may place conditions upon any exten-
sion or modification granted under this paragraph."
2. By adding to Subdivision 7 thereof the following new
paragraph (6):
"(6) The minimum clearance of any sign from unprotected
electrical conductors (whether poles or other instal-
lations) shall be not less than 36 inches for con-
ductors carrying not over 600 volts, and 48 inches from
conductors carrying more than 600 volts."
Passed by the City Council of the City of Richfield, Minnesota
this day of , 1982.
John Hamilton, Mayor
ATTEST:
Q-1 Sri n V T or Tn ('i +-�? ( 1 orlr
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 359
Agenda November 22, 1982
The Honorable Mayor (7 q)
and �b
Members of the City Council
City of Richfield
Council Members:
U
Subject: Council Salaries
Chapter XII, Section 12.02 of the city ordinance estab-
lishes the salaries of the city council and provides that the
salaries of the council members be reviewed by December of
each year. Therefore, a discussion of this item has been
scheduled for the November 22, 1982 council meeting.
Council salaries were last adjusted in 1978, when the
salary of the Mayor was increased from $5,670 to $6,000 per
year; and Council Member salaries were increased from $4,221
to $4,500 per year. The city charter, as amended in July,
1982, stipulates that "The mayor and members of the council
shall receive payment as set by ordinance. No change in
salary shall take effect until after the next succeeding
municipal election."
An ordinance amendment relating to council member salar-
ies is attached for council consideration, as well as the most
recent survey that we have of council salaries in other cities.
Respectfully submitted,
arl Nollenberg�►r
City Manager
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AMENDMENT TO CHAPTER XII SECTION 12.02
OF THE RICHFIELD ORDINANCE CODE RELATING
TO COMPENSATION OF MAYOR AND COUNCIL
MEMBERS
CITY OF RICHFIELD DOES ORDAIN:
Section 12.02 of the Ordinance Code of the City of
Richfield relating to compensation of the Mayor and Council
members is hereby amended to provide as follows:
Subdivision 1. Annual Salary. The annual salary of
the Mayor is [$6.0003 $6,500 and the annual salary for
each member of the council is [$4.5003 $ 500.0 to be
effective 30 days after its publication. Salaries of such
officers shell be reviewed by December of each year.
Passed1by the City Council of the City of Richfield,
Minnesota, his day of
John Hamilton / a lton Mayor
Attest:
Sylvia K. Bergh City Clerk
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 358
Agenda November 22, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Designation of Auditor to Conduct Audit
of 1982 Financial Records
There is an item on the November 22, 1982 city council
agenda providing for council approval of the contract for
auditing services related to the city's 1982 financial records.
The proposed contract is with the firm of Cummings, Keegan
and Company, who have served as the city's auditor for the
past two years. The proposed cost of the 1982 city audit would
be $17,000. The 1981 audit services contract was for $15,800;
the 1983 budget includes an appropriation of $18,500 for this
purpose.
The City Charter, in Section 2.08, provides that "the
council shall provide for an audit of the city's accounts at
least once a year by the state department in charge of such
work, or by certified public accountant." At the time that the
city council authorized retention of the Cummings, Keegan firm,
they indicated an interest in retaining this firm for several
sequential years, to provide continuity in the audit, and to
permit the auditors to develop sufficient familiarity with our
procedures and processes so that they may direct the audit not
only of the city's accounting records, but of the city's over-
all financial management practices as well.
It is recommended that the city council take action on this
matter at their November 22, 1982 city council meeting.
Respectfully submitted,
A N1V Dn�A ollenbergen
City Manager
cc: Administrative Services Director
Finance Coordinator
KN /eja
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•
JAMES J KEEGAN CPA
JOHN M FREES. CPA
JEFFREY 0 EYERICK, C.PA
ROGER S WHERRY CPA
'ALD CUMMINGS. C PA.
I RETIRED)
CKkCo.
Cummings, Keegan. 8e Co.
Certified Public Accountants
6800 France Ave. So. - Suite 465 - Minneapolis, MN 55435
Phone (612 ) 922 -3622
November 10, 1982
City of Richfield
City Council
c/o Joyce L. Wilde,.
Administrative Services Director
6700 Portland Avenue South
Richfield, MN 55423
Dear Council Members:
MEMBERSOF
• PRIVATE COMPANIES
PRACTICE SECTION OF
AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
- MINNESOTA SOCIETY OF
CERTIFIED PUBLIC ACCOUNTANTS
This letter is to confirm the arrangements for our examination of the
financial statements of City of Richfield for the year ending December 31,
1982.
We will examine the financial statements of the various funds and
accounting groups of The City of Richfield, Minnesota, The City of Richfield
Police Relief Association and The Richfield Housing and Redevelopment
Authority, for the year to end December 31, 1982. Our examination will be in
accordance with generally accepted auditing standards and will include such
tests of the accounting records and such other auditing procedures as we
consider necessary in the circumstances. While the objective of our examina-
tion is the expression of an unqualified opinion on the aforementioned
financial statements, an opinion may have to be qualified or denied as the
facts and circumstances dictate.
The ordinary examination leading to the expression of an opinion on
financial statements is not designed to disclose defalcations and other
irregularities, nor can it be relied on for this purpose. However, if such
irregularities come to our attention during the examination, we will discuss
them with you to determine what course of action to take.
Your accounting department personnel will be available to assist in
preparing certain audit schedules and data, locating various supporting
documents in the files and typing confirmations and the final audit report.
Fees for these services are at our standard hourly rates and will be
billed to you, plus out -of- pocket costs, monthly. These invoices are payable
on presentation. A service charge of 1 1/2% per month is made on accounts
over thirty days old.
s
Accounting
Firms
Associated
Inc.
City of Richfield
Administrative Services Director
Page 2
Every effort would be made to keep our fees to the minimum consistent
with the service requirements of the engagement. Assuming that the City and
the two related entities have accounting records which are complete, balanced,
reconciled and well documented as of December 31, 1982, and that City per-
sonnel would be available to assist in preparing certain audit schedules and
data, locating various supporting documents in the files and typing confirma-
tions and the final audit report, our charges for the various audit examina-
tions for the year ending December 31, 1982 would not exceed the following
maximum fees:
City itself and City Police Relief
Association $17,000
Richfield Housing and Redevelopment
Authority $2,700
If at any time during the engagement, any extraordinary matters requiring
an extension of our services come to our attention, we will consult with you
before proceeding.
If the preceding correctly expresses your understanding, please sign the
enclosed copy where indicated and return it to us.
We are looking forward to serving you again and working with the City
staff.
Sincerely,
CUMMINGS, KEEGAN & CO.
Partner
The above is in accordance
with our understanding.
Bye
Title
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 357
Agenda November 22, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Traffic Signal Improvements, 76th Street
and Lyndale Avenue - CP 773
At the July 26, 1982 city council meeting, the city council
ordered a signal improvement project for the 76th Street and Lyn-
dale Avenue intersection, and designated Orr - Schelen- Mayeron to
prepare plans and specifications for the signal system.
Orr - Schelen- Mayeron has now completed the plans and speci-
fications necessary for bidding this project. The new traffic
signal system will have mast arms over the traffic lanes and have
a left turn arrow, to permit northbound Lyndale Avenue traffic
to turn westbound onto 76th Street. Construction will occur in
the spring of 1983. The project will be funded with Municipal
State Aid funds (gas tax).
It is the recommendation of the staff that the city council
adopt the attached resolution, approving the plans and specifica-
tions and authorizing the advertisement for bids, for the 76th
Street /Lyndale Avenue intersection improvement project.
Respectfully submitted,
Karl Nollenberger
City Manager
cc: City Clerk
City Engineer
Community Development Director
Finance Coordinator
KN /eja
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1-1
RESOLUTION NO.
RESOLUTION TO APPROVE PLANS AND SPECIFICATIONS AND
ORDER ADVERTISEMENT FOR BID FOR C.P. 773 - 76th
STREET AND LYNDALE AVENUE SIGNAL IMPROVEMENTS AND
APPURTENANT WORK
WHEREAS, pursuant to a resolution passed by the city council on
the 26th day of July, 1982, Orr- Schelen- Mayeron has prepared plans and
specifications for the improvement of the 76th Street and Lyndale
Avenue intersection by installation of a new traffic signal system
and appurtenant work and has presented such plans and specifications
to the council for approval;
NOW THEREFORE, be it resolved by the City Council of Richfield,
Minnesota:
1. Such plans and specifications are hereby approved.
2. The city clerk shall prepare and cause to be inserted in the
Richfield Sun Newspaper and the Construction Bulletin an
advertisement for bids upon the making of such improvements
under such approved plans and specifications. The
advertisements shall be published for 20 days, shall specify
the work to be done, shall state that bids will be received
by the clerk until 10:30 A.M. on the 15th day of December,
1982, at which time they will be publicly opened in the council
chambers of the city hall by the city clerk and city engineer,
will then be tabulated, and will be considered by the council
at 7:00 P.M. on the 10th day of January, 1983 in the
council chambers, and that no bids will be considered unless
sealed and filed with the clerk and accompanied by a cash
deposit, cashier's check, bid bond, or certified check
payable to the clerk for five percent of the amount of such
bid.
Adopted by the city council of Richfield, Minnesota, this
22nd day of November, 1982.
John Hamilton, Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 356
Agenda November 22, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Preliminary Report on Reconstruction of 66th
Street and Penn Avenue Intersection C.P. 780
Hennepin County has been preparing plans for reconstruction
of the 66th Street and Penn Avenue intersection. The majority
of this project will be financed from Municipal State Aid Funds
(MSA) and by Hennepin County. The remainder will be paid for by
special assessments for street lighting and sidewalks on Penn
Avenue where they are not currently in place, as has been the
policy throughout the city.
The city engineer has prepared a preliminary report on this
project, as directed by the city council at its November 8, 1982
meeting. The report is attached and represents the preliminary
costs to be incurred and assessments to be levied if the project
is ordered.
It is the recommendation of the staff that the city council
adopt the attached resolution, accepting the preliminary report
and scheduling the public hearing on this project for December
13, 1982.
Respectfully submitted,
Karl Nollenberger
City Manager
cc: City Clerk
City Engineer
Community Development Director
•
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J
PRELIMINARY REPORT AND
ESTIMATE OF COST
RECONSTRUCTION OF 66TH AND PENN INTERSECTION
PUBLIC IMPROVEMENT NO. 780
I. TYPE OF WORK
Intersection reconstruction and improvement including the introduction
of left turn lanes protected by raised concrete medians, street
widening, sidewalk, and street lighting.
II. REASONS FOR IMPROVEMENT
1. Improve traffic flow
2. Improve safety
3. Reduce maintenance costs
III. DATE OF PRELIMINARY REPORT
November 16, 1982
IV. LOCATION
ON
1. Penn Avenue
2. 66th Street
V. FEASIBILITY
FROM
65th Street
Morgan
TO
68th Street
Sheridan
The street improvement project is feasible and can best be accomplished
as proposed and not in conjunction with any other project.
VI. PROPERTY TO BE ASSESSED
All that property abutting Penn Avenue from 65th to 68th Streets.
-2-
VII. ESTIMATED PROJECT COST
a) Construction of approximately 1,600 lineal feet of 5' concrete
sidewalk improvements. Also installation of 8 street lights.
(assessable)
Estimated construction cost - sidewalk
Estimated construction cost - lights
20 percent indirect cost
b) Construction- of intersection and street improvements.
(non - assessable)
Estimated cost of right of way
Estimated cost of signal system
Estimated Mobilization Cost
Estimated Street Construction cost
20 percent indirect cost
Total Estimated Project Cost
a) Sidewalk & light construction
b) Intersection & Street Construction
VIII. ESTIMATED ASSESSMENT
$ 24,400.00
21,000.00
9,080.00
$ 54,480.00
$410,000.00
90,000.00
45,000.00
509,600.00
1.28, 920.00
1,183,520.00
54,480.00
1,183,520.00
$1,238,000.00
The cost of the sidewalk and lights are proposed to be assessed partially
to the abutting property owners and the remaining cost to be paid for by
State Aid Funds.
Estimate cost of sidewalk constructions
$29,280.00 . 1,600 Lin. Ft. _ $18.30 /Lineal foot of sidewalk
Commercial Assessment
$18.30 /L.F. x 50% = $9.15 /assessable foot. In commercial areas the
assessment will be figured on the total length of lot abutting the
improvement.
Typical assessment for a lot with 100' abutting improvement:
100' x $9.15 = $915.00
Assessment for street lighting will be $2.00 per abutting foot as
established in past street lighting projects.
-3-
Typical assessment for a lot width 100, abutting improvement:
100' x $2.00 = $200.00
I hereby certify this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Registered
Professional Engineer under the laws of the State of Minnesota.
e � I
ichael J astling, 7.E.
Date: November 16, 1982 Registration Number 15066
RESOLUTION NO.
RESOLUTION RECEIVING REPORT AND CALLING
HEARING FOR C.P. 780 RECONSTRUCTION OF 66TH
STREET AND PENN AVENUE INTERSECTION
WHEREAS, pursuant to resolution of the city council adopted the
8th day of November, 1982, a report has been prepared by the city
engineer with reference to the improvement of Penn Avenue between the
centerline of 65th Street and the centerline of 68th Street; and
66th Street between the centerline of Morgan Avenue and the centerline
of Sheridan Avenue by widening, construction of left turn lanes and
medians, reconstruction of the pavement surface, curb, gutter, side-
walk installation, and traffic signal installation, and appurtenant
work, and this report was received by the council on the 22nd day of
November, 1982,
NOW THEREFORE, be it resolved by the city council of Richfield,
Minnesota:
1. The council will consider the improvement of such street in
accordance with the report and.the assessment of abutting
property for a portion of the cost of the improvement pursuant
to Minnesota. Statutes Chapter 429 at an estimated total cost
of the improvement of $1,238,000.00.
2. A public hearing
on the 13th day
of city hall at
published.notice
required by law.
shall be held on such proposed improvement
of December, 1982, in the council chambers
7:00 p.m. and the clerk shall give mailed and
of such hearing and improvement as
Adopted by the city council, of Richfield, Minnesota., this
22nd day of November, 1982.
John Hamilton, Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
�- i r D
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 355
Agenda November 22, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Purchases in Excess of $2,500
The city charter stipulates that the city council must
approve the purchase of merchandise, materials, construction or
equipment when the amount exceeds $2,500. There are three such
items on the council agenda for November 22, 1982.
Rock Salt
Under the Hennepin County Group Purchasing arrangement, Anoka
County, Hennepin County and 13 municipalities joined together to
bid on rock salt for deicing. Total bids were as follows:
Morton Salt - $440,341.07
Domtar Industrials - $416,094.71
International Salt - $414,419.49
Cargill Salt - $409,823.19
It is recommended that the city council authorize a master
purchase order to Cargill Salt for 1,000 tons of salt for the 82/
83 winter season. This is a unit price of $18.34 per ton, plus
$1.91 per ton delivery charge, for a total estimated purchase
order in the amount of $20,250.
Energy Management System
One of the energy improvement items included in City Project
754 is an energy management system. This is a computerized con-
trol system for various functions of the city hall heating /cooling
system and other energy items of the facility. The controls in-
clude time program commands such as night setback capability, room
temperature sensors, and override timers.
Four quotations, including installation, were received for
the energy management system:
•
•
C7
Council-Letter No. 355 -2-
Safe Electric, Inc. - $8,983.00
Honeywell - 7,300.00
UHL Company, Inc. - 6,850.00
Advanced Energy System 5,334.00
November 22, 1982
It is recommended that the city council authorize the pur-
chase of a Paragon EC702 Programmer and EC403 Optimizer, an
override timer for the council chambers, and four additional
circuits, including all materials and labor for complete in-
stallation from Advanced Energy Systems, Inc. in the amount of
$5,334.00.
Golf Course Fertilizer
Richfield participates in the bidding process for fertilizer
under the Hennepin County joint purchasing agreement. Numerous
fertilizer companies submitted bids for the various fertilizers.
For fertilizer used by the golf course (24 -4 -12 Nitrogren Source
I.B.D.0 and 20 -0 -16 Nitrogen Source I.B.D.U), the low bidder
was Turf Supply Company.
It is recommended that the city council authorize the pur-
chase of 20 tons of 24 -4 -12, at $678 /ton, and two tons of 20 -0 -16
at $779 /ton from Turf Supply Company, for an estimated total of
$15,118.00. Early purchase or delivery of this fertilizer affords
a discount. The 1983 budget includes appropriations for these
purchases.
Respectfully submitted,
Karl Nollenberguer
City Manager
cc: Community Services Director
Golf Course Manager
Finance Coordinator
KN /eja
C7
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 354
Agenda November 22, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Cancellation of Public Hearing, Housing Plan
On November 8, 1982, the city council set December 13, 1982
as the date for a public hearing on the city's housing plan. The
specific purpose of the hearing was to consider the housing plan
as part of submitting an application for Housing Revenue Bond
authority from MHFA. The city council was to make the applica-
tion, and the HRA was to provide the necessary local cash con-
tribution in an amount of up to $300,000.,
The HRA met on November 15, 1982 to discuss the program and
the required contribution. The HRA at that time declined to pro-
vide the necessary funds to support this program, determining
that there are limited financial resources with which to pursue
several future development projects, and that these projects are
of a higher priority.
Pursuant to this HRA action, it is recommended that the city
council adopt the attached resolution, cancelling the December
13, 1982 public hearing on a housing plan.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /ej a
cc: City Clerk
Community Development Director
Housing and Redevelopment Coordinator
C7
1-1
•
RESOLUTION NO.
RESOLUTION CANCELING A PUBLIC
HEARING ON THE ADOPTION OF A
HOUSING PLAN FOR THE CITY
WHEREAS, the City Council, by Resolution No. 6688,
adopted November 8, 1982 scheduled a public hearing on
a proposed housing elan for 7:00 p.m. on Monday, December
13, 1982; and
WHEREAS, during the interim period, the Housing and
Redevelopment Authority has had an opportunity to consider
the merits of a program; and
WHEREAS, it has been determined that a program of this
type is not appropriate at this time.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Hennepin County, Minnesota:
- that the scheduled public hearing noted above
is cancelled;
- that the City Clerk is authorized and directed
to publish notice of this cancellation.
Passed by the City Council of the City of Richfield,
Minnesota, this 22nd day of November, 1982.
John Hamilton, Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 353
Agenda November 22, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Ordinance Regulating Billboards Along
Freeways, Second Reading.
On November 8, 1982 the city council gave first reading
approval to an ordinance amending subdivision 9 of Section 3.49
of the ordinance code, regulating signs along freeways in the
city. The public hearing and second reading consideration of
the ordinance amendment is scheduled for November 22, 1982.
Subidivisi.On 9 of Section 3.47 of the-ordinance code regu-
iats signs along freeways within the city. The purpose of
these regulations continues -to relate to both traffic safety and
aesthetics. The pr ®posed am t to this subdivision are de-
signed to accomplish several purposes, including:
To establish a zone within 660 feet of all freeway rights
of-way within which these regulations will apply. This
standard is believed to be more specific and capable of
definite enforcement than the - provisions contained in the
present ordinance which regulates signs on property "ad-
jacent" to freeways.
To prohibit new billboards within the aforementioned zone.
The current ordinance prohibits new billboards and cer
ta.im on premise premises commercial messages and all non-
commercial messages. Under the amendment, on premise
signs and non = commercial signs would be permitted in the
zone subject subject, to -the same regulations and restrict-
ions as elsewhere in the city. This amendment is specifi-
cally designed to harmonize our ordinance with the holding
in Metro Media V. City of San Diego.
These amendments also provide for the removal of legal non-
conforming billboards in certain ci.rc•.imstances and continues
to permit, subject to council approval, the transfer within
the zone of a legal non - conforming billboard from one location
to another. (When the affect of the transfer would be to
•
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u
•
Council Letter No. 353 °2m November 22, 1982
lessen the impact of the billboard upon traffic safety or on
aesthetics).
it is recommended that the city council conduct the public
hearing on this matter, and give second reading approval to the
attached ordinance.
Respectfully submitted,
y A
Karl Nollenberger
City Manager
cco City Clerk
City Planner
Community Development Director
KN /eja
•
t
•
AMENDMENT TO CHAPTER III,
PART V, SECTION 3.49 OF THE
ORDINANCE CODE OF THE CITY
OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter III, Part V, Section 3.49 of the Ordinance Code of
the City of Richfield regulating construction, design, location
and maintenance of signs is hereby amended by amending Subdivi-
sion 9 thereof to read as follows:
"Subd. 9. Signs Along Freeways. Except as otherwise pro-
vided in this part, billboards shall not be sagas- �eeaed -ea
�e�ey- adaeea -fie closer than 660 feet from the right of way
of any freeway within the city (including Highways 35W, 494, 62
and 36 77) shad- be- beseess- s }ges- ales }ag- bseesses -�eag
eeadeea� -ee- the- ge }ses -e -whe -Abe- sages- aye- �eeaed. No
"traveling" or changing message signs shall be located so as to
face any freeway or be visible from the freeway. The- ppevi-sireas
i��eg &�- e�- eee- esa�e���ag- -aa� -s }gas- �h�eh- awe- �ega���- �eea�e�
Any billboard legally located aleag within 660 feet of any such
freeway at the time of adoption of this provision may be replaced,
subject to compliance with the other provisions of this part and
subject to the limitations hereinafter contained, either in the
same location or at another location along any such freeway pro-
vided that such alternate location is first approved by the council.
The council may approve a relocation if it finds that the reloca-
tion will lessen any adverse impact of the sign upon traffic
safety and aesthetics. If the billboard is not used for adver-
tising purposes for a period of more than two years, the use shall
be deemed abandoned and shall terminate."
Passed by the city council of the City of Richfield, Minnesota
this _ day of , 1982.
John Hamilton, Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
'Ei_ / / '4
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 352
Agenda November 22, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Change of Location - Chuck E. Cheese
Restaurant
On October 25, 1982, the city council approved a special
use permit to allow establishment of a Chuck E. Cheese Restaurant
in the existing Southdale Square Shopping Center, at 66th Street
and Xerxes Avenue. It was indicated at that meeting that the
restaurant would be located in the space currently occupied by
Slumberland. Slumberland was to relocate in the space previously
occupied by Super Valu. However, the owners of the shopping
center and Slumberland were not able to work out satisfactory
lease agreements. As a result of this, the Chuck E. Cheese
Restaurant will now be located in a portion of the space previous-
ly occupied by Super Valu. Because the council discussions con-
cerning the special use permit were based on the restaurant being
located in the Slumberland space, the council should review the
new location. Both locations were presented to the planning
commission and their recommendation was against the restaurant
locating anywhere in the shopping center.
It is recommended that the council approve the new location
of the restaurant in the Southdale Square Shopping Center.
Respectfully submitted,
Karl Nollenberger
City Manager
cc: City Planner
Community Development Director
KN /eja
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 351
J �
P e Agenda November 22, 1982
A
The Honorable Mayor o 4
and N� , ,� .` ° 4-9 ,•�
Members of the City Council �' � NO .2
City of Richfield `s 0 ,
kn
Council Members: ���` o w oR all
Subject: Billboard Located on the Lund's Property,
6200 Penn Avenue
A billboard was recently constructed on the Lund's property
at 6200 Penn Avenue, along the Crosstown Highway. City ordin-
ances allow the construction of new billboards in commercial
and industrialzoning districts along freeways such as the Cross-
town Highway when the new billboard is replacing one which was
removed along a freeway elsewhere in the city, after the city
council approves the new location. Due to an oversight by the
city staff, a building permit was issued for the billboard and
construction proceeded without council approval of the location.
However, the electrical permit necessary to complete the bill-
board installation is being withheld until this matter is re-
solved. Pel,,b. `b cs,,�Ac:, ,p w
Naegele Outdoor Advertising has requested that the city
council approve the billboard as constructed as a replacement
for a sign which was removed from the northeast corner of 66th
Street and Cedar Avenue in 1980. The billboard conforms in all
respects to the requirements of the city ordinances, including
the distance requirements to the nearest residential property.
However, the staff has received complaints from residents of
the homes to the west of the billboard about the visual intrusion
of the large commercial sign into their residential neighborhood.
It is recommended that the city council conduct a public
hearing on this matter on November 22, 1982. After the hearing,
it is recommended that the council approve the sign location
with the following stipulations attached to that approval:
1. That the sign face be screened with additional
landscaping from view from residences to the west
of the sign;
2. That a timer be installed on the billboard light-
ing system so that the billboard lighting is turned U
off at 11:00 p.m. each evening. s
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Council Letter No. 351 -2- November 22, 1982
Due to the premature issuance of the building permit, the
city bears some culpability if the sign would have to be re-
moved. However, it should be noted that the signs meets all
provisions of the city code, except prior approval of the city
council. It is unclear as to the degree of discretion the
council has to deny an alternative location for a sign in this
situation.
Respectfully submitted,
l�j'
Karl Nollenberger
City Manager
cc: Community Development Director
City Planner
Chief Building Inspector
KN /eja
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 350
Agenda November 22, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Amended Final Development Plan and Off -
Street Parking Permit for the K -Mart Site
In February, 1979, the city council approved a final devel-
opment plan and off - street parking permit for the K -Mart planned
unit development, to be placed on the site generally bounded by
65th Street, 66th Street, Lyndale Avenue and Grand Avenue. Mr.
Vern Wilcox, representing First Eank System, Inc., has requested
that the city approve an amended final development plan and off -
street parking permit to allow the location of a Fastbank auto-
mated teller facility on the K -Mart site. The proposed facility
would be located on the end of a parking aisle located in the
northwest corner of the site.
The Fastbank structure would be approximately 8 feet by 16
feet. There would be an 8 foot by 8 foot secure service area and
an 8 foot by 8 foot glass enclosed lobby area. A card will be
necessary to gain access into the lobby area. A security monitor-
ing system will also be installed. Exterior materials will be
glass and vertical cedar boards. There will be a 3 foot wide
painted aluminum fascia with a backlit sign. Colors will be warm
earthtone browns. There will also be considerable landscaping
materials planted around the facility. The applicant has indica-
ted that these facilities are well maintained to keep a good
aesthetic appearance.
The staff has reviewed the proposal and found the following:
1. The proposed facility would remove 5 existing park-
ing stalls on the site. The site would, however,
still provide 4 more parking stalls than is required
by city guidelines. The stalls removed would also be
in an area away from the K -Mart structure, and are
seldom used.
2. The design of the proposed facility would meet the
L /H /N Project Urban Design Guidelines.
3. The facility will not result in undue traffic hazards
on surrounding streets.
Council Letter No. 350 -2- November 22, 1982
4. The proposed facility would be secure and well
maintained.
It is recommended that the city council approve the amended
final development plan and off - street parking permit to locate
an automated teller facility on the K -Mart site. The council may
want to refer this matter to the planning commission for a recommenda-
tion, if it is felt that this change is of a substantial nature.
It is the opinion of the planning staff that this change is not
substantial, and therefore, does not require planning commission
review.
IIRespectfully submitted,
Karl Nollenberger
City Manager
cc: Community Development Director
City Planner
KN /eja
First Bank
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F System
First Bank System. Inc.
1400 First National Bank Budding
PQ- Box 522
Minneapolis. Minnesota 55480
612 370 -5100
Building
The FASTBANK Service
A General Overview
February 1982
A Diebold steel framed, totally secured building that houses a walk -in
Automated Teller Machine. Card access door entry with video camera
system. Daily service and maintenance. Measures 8' x 16' with 2
reserved parking spaces.
Sponsorship
The FASTBANK Service is co- sponsored by the 17 Twin City First Banks -
who are members of First Bank System. Two non - affiliated Metro banks
presently share their card in the service. The 17 First Banks represent
a 35% market share of households in the Metro area.
The Service Features
Cardholders may make cash withdrawals, deposits, transfers and balance
inquiry. Initial first year volume will be about 1,000 transactions per
month. At full potential (in 5 -7 years) it is expected to handle 10,000
transactions per month. A typical customer transaction runs 20 seconds,
with 2 minutes the average time inside the building. Friday and Saturday
are the peak volume days, with the hours of 2:00 -6:00 averaging about
25 -30 transactions per hour.
Questions on the FASTBANK Service may be addressed to:
Robert M. Ferris
Assistant Vice President
Director of Off Premise Banking
1600 First Bank Place East
P. 0. Box 522
Minneapolis, Minnesota 55480
Phone: 370 -5087
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 349
Agenda November 22, 1982
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Approval of Agreement with the South Hennepin
Human Services Council (SHHSC) Concerning
SHHSC Use of Richfield Community Development
Block Grant Funds for the HOME Program
In May, 1982, the city approved a list of projects to be
funded by Year VIII Community Development Block Grant Funds.
One of the approved projects was a $3,323 appropriation to fund
the SHHSC Household and Outside Maintenance Program (HOME).
The HOME Program assists low and moderate income senior citizens
to properly maintain their homes.
Hennepin County has recently indicated that the city should
enter into an agreement with SHHSC which outlines the responsi-
bilities of each agency in carrying out this project, and insures
that applicable federal and county requirements are met. A copy
of the proposed agreement provided by Hennepin County is attached
for your review.
It is recommended that the council authorize the Mayor and
City Manager to execute such an agreement on behalf of the city.
Respectfully submitted,
Karl Nollenberger
City Manager
cc: City Clerk
City Planner
Community Development Director
Finance Coordinator
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AGREEMENT
This agreement made and entered into by and between the City of
, herein after referred to as the "City"
and South Hennepin Human Services Council, a public service agency, here -
-1h after referred to as the "Agency ",
WITNESSETH:
WHEREAS, the City is an authorized subgrantee participant in
the Urban Hennepin County Community Development Block Grant program by
virtue of a joint cooperation agreement executed between the City and
Hennepin County pursuant to MSA 471.59, and
WHEREAS, the City has allocated Urban Hennepin County Community
Development Block Grant funds in program year , project number
, for the purpose of supporting the H.O.M.E. program adminis-
tered by the Agency,
NOW THEREFORE, in consideration of the mutual covenants and
promises contained in this Agreement, the parties hereto mutually agree
to the following terms and conditions:
I
The City agrees to provide dollars in Urban Hennepin
County Community Development Block Grant funds to the Agency in support
of the H.O.M.E. program.
II
The Agency agrees to provide the City:
1. Affidavit of Agency service fee schedule.
2. A financial statement for the past full year.
3. A statement of public revenue sources for the period June
1, 1981 through June 1, 1982.
III
The Agency provides assurance that it will comply with:
I. Title VI of the Civil Rights Act of 1964 (PL88 -352)
(Nondiscrimination in programs or activities receiving
Federal financial assistance.)
2. Section 109 of the Housing and Community Development Act of
1974 as amended. (Nondiscrimination in any program or
activity subject to provision of the HCDA.)
3. OMB Circular A -102 Attachment 0, Section 14, paragraph (h)
by assuring the grantee, federal grantor agency, the Comp-
troller General of the United States or any duly authorized
representative access to all records directly pertinent to
this contract for the purpose of making audit examinations,
excerpts and transcriptions.
4. OMB Circular A -102 Attachment C (2), and maintain all
required records for a period of three years after receiv-
ing final payment.
IV
The Agency, prior to financial reimbursement from the City shall provide
the City with:
1. H.O.M.E. Service Request /Chore Maintenance
2. Individual Data Confidentiality form
3. Client Income Verification
4. Maintenance Service Plan /Service Evaluation
V
This Agreement is effective as of July 1, 1982, and shall continue in
full force and effect until all funds made available under this agree-
ment have been expended in accordance with paragraphs I -IV, but no later
than July 1, 1984.
IN TESTIMONY WHEREOF, the parties hereto have set their hands
and affixed their seals this day of , 1982.
Upon proper execution,
this Agreement will be
legally valid and binding.
By
Chair, South Hennepin Human
Services Council
and
Executive Director, South
Hennepin Human Services
Council
City of
State of Minnesota
City of
By
Mayor
and
City Manager
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CITY OF RICHFIELD, MINNESO'T'A
Office of City Manager
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
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Council Letter No. 348
Agenda November 22, 1982
Subject: Amendment to Cable Television Franchise
Ordinance to Provide for Administrative
Variances in Certain Instances. Second
Reading.
At the November 8, 1982 city council meeting, the city coun-
cil gave first reading approval to a proposed administrative vari-
ance ordinance designating the city's authority to the Southwest
Suburban Cable.Commission to act as a Hearing Officer and to grant
variances to the franchise ordinance after proper review.
The public hearing and second reading of the ordinance were
scheduled for the November 22, 1982 city council meeting. How-
ever, one of the member cities has expressed concern with the
language in the proposed ordinance, and has requested that it be
reviewed further. As a result of that action, it is recommended
that the city council continue the public hearing on this ordin-
ance amendment to the January 10, 1983 city council meeting.
Respectfully submitted,
4 � L r L_,, �
Karl Nollenberger
City Manager
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE CABLE TELEVISION FRANCHISE
ORDINANCE PROVIDING FOR ADMINISTRATIVE VARIANCE IN
CERTAIN INSTANCES AND DESCRIBING FINDINGS REQUIRED;
ADDING NEW ARTICLE XV. TO ORDINANCE NO.
The City of
hereby ordains that
Ordinance No. of the City is amended by adding
Article XV thereto as follows:
ARTICLE XV
ADMINISTRATIVE VARIANCE PROCEDURE
Section I. Purpose and Intent.
It is the purpose of this Article to establish a procedure
that will provide flexibility in the administration and enfor-
cement of this Franchise without the need for costly ordinance
amendments and delays. Changes in the Offering of Grantee that
are not inconsistent with the requirements of this Franchise may
be approved by the Council pursuant to this Article.
Section II. Matters Subject to Variance Procedure.
Any change, alteration or substitution in the Offering shall
be made only after compliance with the provisions of this
article. No changes, alterations or substitutions may be made
pursuant to this article except those relating to:
A. Construction techniques, equipment, materials; and /or
the design and development of buildings, appurtenances, or other
real or personal property incident to the cable system;
B. System design and configuration, technical standards,
performance tests and maintenance procedures;
C. Services and programming tiers;
D. Public access or local origination equipment, personnel,
facilities, and operating procedures;
E. Subscriber practices, including complaint procedures,
subscriber contracts, repair service, and information to
subscribers; and
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F. Amounts of insurance, performance bonds, security depo-
sits or letters of credit, and accrued interest.
Section III. Procedure.
Application for Variance
Applications for variance shall be filed with the
Administrator on forms provided by the Administrator and subject
to the following procedures:
A. The Franchise fee collected by Grantor shall be used to
cover the expenses incurred by Grantor in processing the applica-
tion for variance.
B. The Administrator shall give notice of the application
to the Council, cities having a similar franchise, and Grantee of
the date, time and place of the hearing on the application.
Notice of the hearing shall be published once in the official
newspaper at least seven (7) days prior to the hearing. The
hearing shall be held no more than sixty (60) days after the date
of receipt of the application.
C. The Administrator shall review the application and pre-
pare a recommendation to the Council prior to the date of the
hearing.
D. Following the public hearing, at which all persons shall
have an opportunity to be heard, the Council may grant a
variance.
E. Upon a vote of two- thirds (2/3) of all the members of
the Council, the variance application may be approved. In
granting a variance, the Council may amend the variance sought in
the application and may attach such conditions to the granting of
the variance as the Council deems to be in the public interest.
Section IV. Findings Required.
No variance shall be granted unless, in the sole discretion
of the Council, all of the following circumstances, where appli-
cable, are found to exist:
A. The requested variance is a minor deviation from the
Offering and is consistent with the Franchise.
B. Strict compliance with the terms of the Offering may
result in a hardship to the applicant and granting a variance
will not be detrimental to other affected parties, the City, or
the public.
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C. Due to expense or delay, it would be unreasonable to
perfect such change by ordinance amendment.
D. Undue delay, expense or other adverse results will not
occur as a result of approval of the required variance.
E. The variance will not result in a reduction in technical
standards or cost efficiency.
F. The variance will not result in a deviation from the
requirements of the MCCB or FCC or any other rule or law.
G. The variance is not subject to approval of ,a city having
a similar franchise.
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RESOLUTION DELEGATING AUTHORITY
TO THE SOUTHWEST SUBURBAN CABLE COMMISSION
TO ACT AS HEARING OFFICER FOR THE
PURPOSES OF THE FRANCHISE ORDINANCE
ADMINISTRATIVE VARIANCE PROCEDURE
AND TO GRANT VARIANCES
TO THE FRANCHISE ORDINANCE
AFTER REVIEW OF FINDINGS OF FACT
WHEREAS, the City of has entered into a
Joint and Cooperative Agreement to create the Southwest Suburban
Cable Commission; and
WHEREAS, under the terms of the Joint and Cooperative
Agreement, City has delegated authority to the Southwest Suburban
Cable Commission to enforce and administer the cable franchise
operating in the City; and
WHEREAS, the member cities and the Commission have estab-
lished an administrative variance procedure to review requests
for variances from the franchise ordinance; and
WHEREAS, in the interests of efficiency, the Commission is
the appropriate entity to review variance requests on behalf of
all of the member cities;
NOW, THEREFORE, BE IT RESOLVED by the Council in a regular
meeting assembled that the Commission is hereby authorized to act
on behalf of the City to perform the functions of a Hearing
Officer to review and process requests for variances from the
cable franchise ordinance that affect two or more member cities;
BE IT FURTHER RESOLVED, that the Commission is hereby
authorized to grant variances to the franchise ordinance, after
proper review and consideration of findings of fact regarding the
variance when said variance affects two or more member cities;
BE IT FURTHER RESOLVED, that City is hereby authorized to
grant variances to the franchise ordinance, after proper review
and consideration of findings of fact regarding the variance when
said variance is unique to City and does not affect other member
cities.
PASSED AND ADOPTED this day of , 1982.
ATTEST:
By
Its:
Secretary