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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 C L 0 `J J 06Y 0 F� 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 • • C 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: U p J g' #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 u 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. 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QQ m w o (t cd �4 N O m w w O N n r-1 X —4 r-i C") n O Lr LO O 0 0 N v v CO cr) n4 to CD LO to es co 0 0 0 0 0 0 0 0 0 0 0 0 ® x 0 0 0 0 0 0 0 0 0 0 ra v+ t` e9 �t+ �►+ �i N v CO LO Z 0 N v v v v CD eD LO LO �o co N N 11:11 N N N N m N N N N N N N m N N m N N N N r4 w x r-q 0 N � 0 �o m N m w U'� 4 0 M O t- LO r-i 0 r-4 LO M rd LO m m m t- N N N l� N m m w r-i 4 N m m m x LO m N m efl 0 m .. O N (t cd �4 N O m w w O N n r-1 X —4 r-i C") n O Lr LO O 0 0 N O 0 00 m cn r-i t� n N N N 00 Cf) C•7 N co N N dP m N N N M N N m co Cf) 114 N N a� >1 c .4 b.0 1) un c CL -� > L U a� a ; a� (t cd �4 a 0 �-14 z C 0 Cd > z., o = x r--4 -s a) to c3 " Lf 4 r4 O O Q-4 > C C >a 5D -1 G -- a U 0 •P s-1 U ct "� :1 Sa C=4 C C: c3 :d •,� O z ^J z - C', •ri C = O M 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 J n • 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 -i+- It 1� 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 • • 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 • • 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 C • -. ii B 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 • r� 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 `r -1 :7 0 �h a M' J p V f� r a N �S 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 9 � s � � u o� r 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 • u n u . � -P t 1 U '3AV nl N 2 rl a • I Q I _ N ? U1 ' 1 I C C I a fs — T I 1 - I ! I I I ! ( ! I I I - _- a: 1 0 I IN I v r _ u N MI N � N �7 T J y N r -7 J 10 :O a 10 Y1 i-1 :C � to N •d J • •y w O U oz • f t' t N Zj Hv W U L C A f • L 4 U1 C. N I-� G• ` � • � .Q L Zt c. N •, w H 9 N w 441 O N 0. 0. A. cn A rn .... N Q ;y W 2 « i - W cc �] C f Ci C p. V Z 4 G C � O rA C H rl H < E. U Oe U Z h 0 a a w CG a i (Y W a rn t O O O 7 4 U •i Z L CL Z Q cr U_ LL C) } G 3 Is t7 r I I NN3d 10 `O T ` N w � I II I O I ~ I � > tn N N N L N JJI O Q 4 V V X091 - f of 1 LU } QC 0 ( I� I ties. I � � • p I .I V N oil N �I '3AV nl N 2 rl I Q I _ N ? U1 ' 1 I C C I a — T I 1 - I ! I I I ! ( ! I I I - _- a: 1 0 I IN I v r _ u N NN3d 10 `O T ` N w � I II I O I ~ I � > tn N N N L N JJI O Q 4 V V X091 - f of 1 LU } QC 0 ( I� I ties. I � � • p I .I V N oil N �I v W W v I !I� m M 01 II nl N 2 rl I Q I I— U1 U) I C I a v W W v I !I� m M 01 II $k 3 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 q v 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 c e m i ° ° am ,�pp IIww 2 LQ c e m i ° ° am 1 ac, v 1 MEN I m � � I I i _ I ..0-9 s I d ° m > m e.n 'ec � °i ® 0 m Cc m V 1 L 1 2 ® ID a2a� • 11{. to Q • Y � 11 s 1 7 r S Y Y K '4 Q • i 11 r 1 i �i I Y711 1 _ rMWOR .e �►� c�oo� 77 C 0 .x e L e BYO o a a d d ;1 7 i1J U v i 1 1 1 1 I a� �g a Y6 6 JN Yq YN wa tj Q D- a �9 =k�_ !1 C., 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 KN /ej a r bor�wopBw � 60d�4FJ 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 r �o��opa�, I 60Nlfnli��J CITY OF RICHFIELD, MINNESO'T'A Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Council Members: � y 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 KN /eja C L I 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 -1- 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. -2- 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. -3- 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