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120914CompleteAgendaSPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION RICHFIELD MUNICIPAL CENTER, BABCOCK ROOM DECEMBER 9, 2014 6:00 P.M. Call to order 1. City Manager annual performance evaluation Adjournment ********************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION RICHFIELD MUNICIPAL CENTER, BARTHOLOMEW ROOM DECEMBER 9, 2014 6:20 P.M. Call to order (Worksession discussion times are approximate) 6:20 - 7:15 p.m. 1. Discussion regarding 66'" Street intersections Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. REGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS DECEMBER 9, 2014 7:15 PM INTRODUCTORY PROCEEDINGS Call to order Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Pledge of Allegiance Approval of the minutes of the (1) Regular City Council Meeting of November 25, 2014 and; (2) Special City Council Meeting of December 2, 2014. PRESENTATIONS 1. Recognition of out -going Richfield City Council Member at -Large Suzanne M. Sandahl. 2. Presentation by VFW representatives to the middle school winner of the Patriot's Pen award. 3. Presentation of the APWA's Minnesota Chapter Public Works Director of the Year Award to Public Works Director Mike Eastling. 4. Richfield Foundation awarding of grants. 5. Presentation of the Visual Quality Guidelines. COUNCIL DISCUSSION 6. . Schedule Special City Council Meeting for commission interviews o Saturday, January 17 and/or Saturday, January 24, 2015 Hats off to hometown hits AGENDA APPROVAL 7. Approval of the agenda. 8. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of the approval of setting a public hearing to be held on January 13, 2015, for the consideration of the issuance of a new on -sale wine license for Davanni's, Inc. d/b/a Davanni's Pizza & Hot Hoagies, 6345 Penn Avenue South. Staff Report No. 218 B. Consideration of the approval of a resolution allowing the acceptance of monetary support solicited for the Public Safety/Police Department in support of Safety Day, Nite to Unite, Unity in the Community and Heroes and Helpers. Staff Report No. 219 C. Consideration of the approval of a resolution for an amendment to the Co-operative Agreement with the Hennepin County Violent Offender Task Force for the provision of liability insurance for the Task Force members through the League of Minnesota Cities Trust. Staff Report No. 220 D. Consideration of the approval of the first reading of an amendment to the City's Zoning Ordinance. The proposed amendment will clarify and enhance regulations related to uses with drive -up window or teller service in the Mixed Use Districts. Staff Report No. 221 E. Consideration of the approval of the first reading of an amendment to the City's Zoning Ordinance. The proposed ordinance would amend the way in which the City administers odor control requirements for commercial kitchens. Staff Report No. 222 F. Consideration of the approval of a resolution authorizing acceptance of a grant received by the City of Richfield from The Toro Company's Giving Program and the Minnesota Twin's Community Fund. Staff Report No. 223 G. Consideration of the approval of the purchase of a street sweeper in 2015 from MacQueen Equipment Inc. in the amount of $179,691.00 including trade-in for use by the Street Maintenance Division. Staff Report No. 224 H. Consideration of the approval of a contract with Thatcher Company of Montana for the purchase of 200 tons of Sodium Carbonate (Soda Ash) in the amount of $68,912.00 ($344.56/ton) for water treatment in 2015. Staff Report No. 225 I. Consideration of the approval of the renewal of the 2015 licenses for On -Sale 3.2 Percent Malt Liquor, Off - Sale 3.2 Percent Malt Liquor, taxi companies, and rental of trailer and trucks doing business in Richfield. Licenses to Operate in Richfield Airport Taxi - 6 vehicles A New Star Taxi and Limousine Service - 5 vehicles Suburban Taxi - 5 vehicles Gold Star Taxi - 27 vehicles Continental Taxi, LLC. - 5 vehicles American Travel - 5 vehicles Twin Cities Airport Taxi - 5 vehicles Twin Cities Taxi & Town Car — 5 vehicles Latino Americano Express (Express Taxi) - 9 vehicles 10-10 Taxi - 10 vehicles Latino Express - 6 vehicles Licenses to operate Trailer and Truck Rental Paul's Rentals & Sales: Trailer and truck rental. Licenses to sell 3.2 percent Malt Liquor EI Jalapeno - Off -Sale Portland Food Mart - Off -Sale Rainbow Foods - Off -Sale Richfield U.S. (Gas station 67th& Penn) - Off -Sale SuperAmerica #4186 - Off -Sale SuperAmerica #4188 - Off -Sale SuperAmerica #4191 - Off -Sale SuperAmerica #4615 - Off -Sale Target Corporation - Off -Sale Sandy's Tavern - On -Sale Vina Restaurant - On -Sale Davanni's - On -Sale Champps (Ice Arena location) - On -Sale Staff Report No. 226 9. Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 10. Continuation of public hearing and consideration of the second reading regarding a transitory ordinance authorizing the sale of remnant parcels located at 6245 and 6301 Bloomington Avenue South and resolutions authorizing summary publication of the ordinances. Staff Report No. 227 11. Public Hearing for the consideration of the renewal of 2015 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. 7529 Lyndale Avenue South. Staff Report No. 228 12. Public Hearing for the consideration of the renewal of 2015 Pawnbroker and Secondhand Goods Dealer licenses for University Cash Company, Inc. d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. Staff Report No. 229 13. Public Hearing for the consideration of the renewal of 2015 Club On -Sale Intoxicating and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink, 6715 Lakeshore Drive. Staff Report No. 230 14. Public Hearing for the consideration of the renewal of 2015 Club On -Sale and Sunday liquor licenses for Minneapolis -Richfield American Legion Post 435, 6501 Portland Avenue South. Staff Report No. 231 15. Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, 7644 Lyndale Avenue South. Staff Report No. 232 16. Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Thompson's Fireside Pizza, Inc. d/b/a Fireside Pizza, 6736 Penn Avenue South. Staff Report No. 233 17. Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Cafe, 2928 66th Street West. Staff Report No. 234 18. Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya Thai Restaurant, 7545 Lyndale Avenue South. Staff Report No. 235 19. Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for John E. Powers and Associates d/b/a Lariat Lanes, 6320 Penn Avenue South. Staff Report No. 236 20. Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 1732 66th Street East. Staff Report No. 237 21. Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 7630 Lyndale Avenue South. Staff Report No. 238 22. Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Henry Thou d/b/a Red Pepper Chinese Restaurant, 2910 66th Street West. Staff Report No. 239 23. Public hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Last Call Operating Co. II, Inc. d/b/a Champps Americana, located at the Richfield Ice Arena, 636 66th Street East. Staff Report No. 240 24. Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc. d/b/a Frenchman's, 1400 66th Street East. Staff Report No. 241 25. Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses for Paisan Incorporated, d/b/a Khan's Mongolian Barbeque, 500 78th Street East. Staff Report No. 242 26. Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with outside service, and with the optional 2 a.m. closing, for Pizza Luce VII, Inc. d/b/a Pizza Luce, 800 66th Street West. Staff Report No. 243 27. Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with the optional 2 a.m. closing, for Last Call Operating Co. II, Inc. d/b/a Champps Americana, 790 West 66th Street. Staff Report No. 244 28. Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses for Financial Guidance, Inc. d/b/a Four Points by Sheraton, 7745 Lyndale Avenue South. Staff Report No. 245 29. Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue South. Staff Report No. 246 30. Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for EI Tejaban Mexica Grill, LLC d/b/a EI Tejaban Mexican Restaurant, 6519 Nicollet Avenue South. Staff Report No. 247 31. Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses for Don Pablo's Operating, LLC d/b/a Don Pablo's, 980 78th Street West. Staff Report No. 248 32. Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses for Lyn 65, LLC d/b/a Lyn 65 Kitchen & Bar, 6439 Lyndale Avenue South. Staff Report No. 249 PROPOSED ORDINANCES 33. Consideration of the second reading of an ordinance increasing the number of On -Sale Wine licenses in the City from twelve (12) to seventeen (17). Staff Report No. 250 34. Consideration of the second reading of an ordinance increasing the number of On -Sale 3.2 Percent Malt Liquor licenses in the City from fifteen (15) to twenty (20). Staff Report No. 251 35. Consideration of the second reading of an amendment to the City's Zoning Ordinance. The proposed amendment will add "municipal parking lots" to the list of permitted uses in the Penn Avenue Corridor Overlay District. Consideration of a resolution to allow summary publication of the proposed ordinance amendment. Staff Report No. 252 RESOLUTIONS 36. Consideration of resolutions supporting design concepts and proposed variances recommended for the reconstruction of 66th Street. Staff Report No. 253 37. Consideration of the resolutions approving the 2014 Revised/2015 Proposed budget and tax levy and related resolutions. Staff Report No. 254 38. Summary review of City Manager annual performance evaluation for 2014 and consideration of a resolution amending employment agreement between City of Richfield and City Manager Steven L. Devich for 2015. 39. City Manager's Report Staff Report No. 255 CITY MANAGER'S REPORT CLAIMS AND PAYROLLS 40. Claims and payrolls Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. 41. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CALL TO ORDER CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting November 25, 2014 The meeting was called to order by Mayor Pro Tempore Elliott at 7:00 p.m. in the Council Chambers. Council Members Pat Elliott, Mayor Pro Tempore, Edwina Garcia, and Tom Fitzhenry. Present: Council Members Debbie Goettel, Mayor; and Sue Sandahl. Absent: Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Pam Dmytrenko, Assistant City Manager/HR Manager; Chris Regis, Finance Manager; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Pro Tempore Elliott led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Garcia, S/Fitzhenry to approve the minutes of the (1) Special City Council Worksession of November 10, 2014; (2) Special Concurrent City Council and Planning Commission Worksession of November 10, 2014; and (3) Regular City Council Meeting of November 10, 2014. Motion carried 3-0. Item #1 ANNUAL MEETING WITH THE COMMUNITY SERVICES COMMISSION Reed Bornholdt, Chair, presented the annual report. Council Meeting Minutes -2- November 25, 2014 Item #2 ANNUAL MEETING WITH THE TRANSPORTATION COMMISSION Marty Kirsch, Chair, presented the annual report. Item #3 COUNCIL DISCUSSION • Hats Off to Hometown Hits Mayor Pro Tempore Elliott requested that advisory commission bylaws be reviewed because they seem archaic. bylaws. City Attorney Tietjen stated staff is in the process of reviewing and updating commission The City Council acknowledged the retirement of City Clerk Nancy Gibbs. Council Member Fitzhenry provided a Noise Oversight Committee report. Item #4 COUNCIL APPROVAL OF AGENDA M/Garcia, S/Fitzhenry to approve the agenda. Motion carried 3-0. Item #5 CONSENT CALENDAR A. Consideration of the approval of resolutions amending the 2014-2015 labor agreements with Police Officers & Detectives (LELS Local 123) and Police Supervisors (LELS Local 162) S.R. No. 211 RESOLUTION NO. 11004 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS FOR EMPLOYEES COVERED BY THE LAW ENFORCEMENT LABOR SERVICES LOCAL 162 This resolution appears as Resolution No. 11004. RESOLUTION NO. 11005 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS FOR EMPLOYEES COVERED BY THE LAW ENFORCEMENT LABOR SERVICES LOCAL 123 This resolution appears as Resolution No. 11005. B. Consideration of the approval of a resolution authorizing an accounting change from an Enterprise (Proprietary) Fund to three Special Revenue Funds for the Recreation Enterprise Fund S.R. No. 212 Council Meeting Minutes -3- November 25, 2014 RESOLUTION NO. 11006 RESOLUTION AUTHORIZING ACCOUNTING CHANGE FROM AN ENTERPRISE (PROPRIETARY) FUND TO THREE SPECIAL REVENUE FUNDS — ICE ARENA, SWIMMING POOL, AND SPECIAL FACILITIES This resolution appears as Resolution No. 11006. C. Consideration of the approval of a contract with Graymont (WI), LLC Company for the purchase of 1,400 tons of quick lime in the amount of $225,330 for water treatment in 2015 S.R. No. D. Consideration of the approval of a resolution authorizing the 771" St Underpass Project application submission for Federal Surface Transportation funds under the Regional Solicitation process S.R. No. 214 RESOLUTION NO. 11007 RESOLUTION AUTHORIZING SUBMISSION OF THE 77TH STREET UNDERPASS PROJECT FUNDING APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDS This resolution appears as Resolution No. 11007. E. Consideration of the approval of a resolution authorizing the Source Water Protection Plan Implementation Grant agreement between the City of Richfield and the Minnesota Department of Health S.R. No. 215 RESOLUTION NO. 11008 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A SOURCE WATER PROTECTION PLAN IMPLEMENTATION GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF HEALTH FOR $10,000 TO BE USED IN THE CONTINUED DEVELOPMENT, PUBLIC EDUCATION, AND ENFORCEMENT OF THE CITY OF RICHFIELD WELLHEAD PROTECTION PLAN — PART 2 This resolution appears as Resolution No. 11008. City Manager Devich provided an update on the funding for the 771" St Underpass Project. Public Works Director Eastling explained the application process for the Federal Surface Transportation funds related to the 771" St Underpass Project. M/Garcia, S/Fitzhenry to approve the Consent Calendar. Motion carried 3-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Council Meeting Minutes -4- November 25, 2014 Item #7 CONDUCT AND CONTINUE PUBLIC HEARING REGARDING THE SALE OF REMNANT PARCELS LOCATED AT 6245 AND 6301 BLOOMINGTON AVENUE SOUTH S.R. NO. 216 Mayor Pro Tempore Elliott presented Staff Report No. 216. M/Elliott, S/Fitzhenry to continue the public hearing to December 9, 2014 regarding the sale of remnant parcels located at 6245 and 6301 Bloomington Avenue South. Motion carried 3-0. Item #8 CITY MANAGER'S REPORT None. Item #9 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 11/25/14 A/P Checks: 236164-236566 1,158,978.79 Payroll: 106021-106345 42240-42417 $ 592,968.37 TOTAL $ 1,751,947.16 Motion carried 3-0. OPEN FORUM None. ADJOURNMENT The City Council open meeting was adjourned by unanimous consent at 7:38 p.m. Date Approved: December 9, 2014 Cheryl Krumholz Executive Coordinator Pat Elliott Mayor Pro Tempore Steven L. Devich City Manager J CALL TO ORDER CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting December 2, 2014 The meeting was called to order by Mayor Pro Tempore Sandahl at 6:02 p.m. ROLL CALL Members Present: Sue Sandahl, Mayor Pro Tempore; Pat Elliott; Edwina Garcia; and Tom Fitzhenry. Members Absent: Debbie Goettel, Mayor. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Wayne Kewitsch, Fire Services Director/Chief; Bill Fillmore, Municipal Liquor Operations Director; Jay Henthorne, Public Safety Director/Chief; Pam Dmytrenko, Assistant City Manager; Chris Regis, Finance Manager; and Cheryl Krumholz, Executive Coordinator. Item #1 TRUTH IN TAXATION PUBLIC HEARING REGARDING 2015 PROPERTY TAX LEVY AND 2014 REVISED/2015 PROPOSED BUDGET AND PROPOSED 2015 WATER, WASTEWATER AND STORM SEWER UTILITY RATES (STAFF REPORT NO. 217) City Manager Devich explained the purpose of the Truth -in -Taxation public hearing. Finance Manager Regis presented an overview of the proposed budget and tax levy. M/Fitzhenry, S/Elliott to close the public hearing. Motion carried 4-0. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 6:13 p.m. Special Council Meeting Minutes -2- December 2, 2014 Date Approved: December 9, 2014 Cheryl Krumholz Executive Coordinator Suzanne M. Sandahl, Mayor Pro Tempore Steven L. Devich City Manager REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 8.A. STAFF REPORT NO. 218 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Consideration of the approval of setting a public hearing to be held on January 13, 2015, for the consideration of the issuance of a new on -sale wine license for Davanni's, Inc. d/b/a Davanni's Pizza & Hot Hoagies, 6345 Penn Avenue South. EXECUTIVE SUMMARY: . On October 29, 2014, the City received the application materials for a new on -sale wine license for Davanni's, Inc. d/b/a Davanni's Pizza & Hot Hoagies. . All required information and documents have been received. . All licensing fees have been paid. RECOMMENDED ACTION: By motion: Approve the setting of a public hearing to be held on January 13, 2015, for the consideration of new a new on -sale wine license for Davanni's, Inc. d/b/a Davanni's Pizza & Hot Hoagies, 6345 Penn Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: Application materials for a new on -sale wine license for Davanni's, Inc. d/b/a Davanni's Pizza & Hot Hoagies were received by the City on October 29, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): City ordinance provides the City Council conduct a public hearing to consider all on -sale wine license applications and a date be set for the public hearing prior to the hearing. The hearing must be scheduled and held before a new license may be considered. The new process has been initiated. c. CRITICAL TIMING ISSUES: Holding the public hearing on January 13, 2015, will provide ample time to complete the licensing process. D. FINANCIAL IMPACT: Licensing fees have been received. E. LEGAL CONSIDERATION: There are no legal items to consider. ALTERNATIVE RECOMMENDATION(S): Reject the application for a new on -sale wine license for Davanni's, Inc. d/b/a Davanni's Pizza & Hot Hoagies. Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: There are no parties expected at this meeting. REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 8.B. STAFF REPORT NO. 219 CITY COUNCIL MEETING 12/9/2014 Jay Henthorne, Director of Public Safety/Chief of Police Jay Henthorne, Director of Public Safety N/A Steven L. Devich Consideration of the approval of a resolution allowing the acceptance of monetary support solicited for the Public Safety/Police Department in support of Safety Day, Nite to Unite, Unity in the Community and Heroes and Helpers. EXECUTIVE SUMMARY: Throughout the year, donations are received from various agencies, businesses and private individuals to be used for special events or programs sponsored by the Police Department. The donations for events such as Safety Day, Nite to Unite, Unity in the Community and Heroes and Helpers are solicited by the department. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing the acceptance of monetary support solicited for the Public Safety/Police Department in support of Safety Day, Nite to Unite, Unity in the Community and Heroes and Helpers. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: The Department of Public Safety/Police holds several annual events that require outside funding to occur. Staff members solicit donations from business and/or individuals to support these programs. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): • Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2014, requiring that all grants and restricted donations to departments ge received by resolution and passed by more than two thirds majority of the City Council in accordance with Minnesota Statute 465.03. c. CRITICAL TIMING ISSUES: Donations have been received and applied to the designated areas as indicated by the donors. D. FINANCIAL IMPACT: Financial donations have been deposited in the funds supporting the designated programs. All of the donations listed below were given without obligation to provide any additional matching funds: Safety Day & Nite to Unite: DONOR AMOUNT Richfield Bloomington Credit Union $500.00 Best Buy $500.00 Richfield Rotary $500.00 Sons of Richfield American Legion (#435) $200.00 Richfield American Legion (#435) $700.00 Richfield R.E.A.D.Y. $100.00 Unity in the Community: DONOR AMOUNT The Richfield Foundation $2,000.00 Richfield Bloomington Credit Union $250.00 Heroes & Helpers: DONOR AMOUNT Target $1,000.00 Richfield Police Federation $200.00 Christopher Pregler $150.00 Martin Costello $150.00 Modern Manufacturing & Engineering $750.00 Lisalan Thai $150.00 Then Quoc Nguyen & Phuoc Thiminh Tran $100.00 Mark J. Poklar $100.00 C. Costello, K. Mabel & T. Schyma $150.00 E. A. Marshall $300.00 P. & K. Kaiser $150.00 Richfield R.E.A.D.Y. $500.00 E. LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATION(S): Council could disapprove the acceptance of the donations for the events and the monetary donations would have to be returned to the issuing agency/business/individual PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description D Resolution for Accepting funds for Police events Type Resolution Letter RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES WHEREAS, the Department of Public Safety/Police Division, through it's Director, received checks from the following for Safety Day, Unity in the Community and Heroes and Helpers: Safety Day & Nite to Unite: DONOR AMOUNT Richfield Bloomington Credit Union $500.00 Best Buy $500.00 Richfield Rotary $500.00 Sons of Richfield American Legion (#435) $200.00 Richfield American Legion (#435) $700.00 Richfield R.E.A.D.Y. $100.00 Unity in the Community: DONOR AMOUNT The Richfield Foundation $2,000.00 Richfield Bloomington Credit Union $250.00 Heroes & Helpers: DONOR AMOUNT Target $1,000.00 Richfield Police Federation $200.00 Christopher Pregler $150.00 Martin Costello $150.00 Modern Manufacturing & Engineering $750.00 Lisalan Thai $150.00 Thinh Quoc Nguyen & Phuoc Thiminh Tran $100.00 Mark J. Poklar $100.00 C. Costello, K. Mabel & T. Schyma $150.00 E. A. Marshall $300.00 J. & K. Kaiser $150.00 Richfield R.E.A.D.Y. $500.00 WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds will be used towards the designated events sponsored by Richfield Police. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety/Chief of Police will accept the donations to be placed in the accounts as specified. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 8.C. STAFF REPORT NO. 220 CITY COUNCIL MEETING 12/9/2014 Jay Henthorne, Director of Public Safety/Chief of Police Jay Henthorne, Director of Public Safety Mary Tietjen, City Attorney Steven L. Devich Consideration of the approval of a resolution for an amendment to the Co-operative Agreement with the Hennepin County Violent Offender Task Force for the provision of liability insurance for the Task Force members through the League of Minnesota Cities Trust. EXECUTIVE SUMMARY: The City Council approved the current Co-operative membership Agreement with the Hennepin County Violent Offender Task Force (VOTF) at the July 22, 2014, meeting. In the interim, the Governing Board of the Hennepin County VOTF has directed that liability coverage shall be acquired and maintained for the member parties of the Task Force through the League of Minnesota Cities Insurance Trust (LMCIT) or commercial insurer. The Board will manage the policies and the cost for any policies will be paid solely from the forfeiture, seizures, fines and other proceeds generated by the Task Force. RECOMMENDED ACTION: By Motion: Approve the resolution to amend the current agreement with the Hennepin County Violent Offender Task Force to provide for purchase of liability coverage to be made by the Governing Board of the Task Force for it's member parties. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: Under the current contract with the Hennepin County VOTF, member parties are responsible for the acts of their officers and employees and assume any liability that may occur due to those acts. Member parties are insured or self- insured in a manner consistent with the limits established in Minnesota state statute. Member parties are not resposible for the acts of the other parties or any liability resulting from those acts. By approving the amendment, the Task Force will be considered a single govenment unit for the purposes of determining total liability. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Currently, the State of Minnesota does not require that entities such as the Hennepin County VOTF provide liabilty insurance for it's member parties and the cost of any liability is covered by the member parties. The Governing Board of VOTF is taking a lead in being one of the first agencies to deem the Board and the members of the Task Force a single government unit and provide for the liability coverage of its member parties. c. CRITICAL TIMING ISSUES: There are no timing issues. D. FINANCIAL IMPACT: • The liability coverage purchased though the League of Minnesota Cities Insurance Trust will have a limit of at least $1,500,000 per occurrence. Coverage purchased through a commercial insurer will have a limit of at least $2 million per occurrence. If the policy contains a general aggregate limit, the general aggregate limit will not be less than $1,500,000. • The cost of such policies will be paid solely from the forfeiture, seizures, fines and other proceeds generated by the Task Force. Member parties will incur no cost. E. LEGAL CONSIDERATION: The amendment to the Co-operative Agreement has been reviewed and approved by the Richfield City Attorney. ALTERNATIVE RECOMMENDATION(S): Council could disapprove of the resolution; however, this would mean that the Richfield Police Department would not be able to participate in the Co-operative Agreement with the Hennepin County VOTF and the benefits it provides. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D Resolution For Hennepin Co. VOTF Agreement Resolution Letter I-) Amendment to the VOTF Co-operative Agreement Contract/Agreement RESOLUTION NO. RESOLUTION AUTHORIZING RESOLUTION AUTHORIZING RICHFIELD POLICE DEPARTMENT'S PARTICIPATION IN THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE WHEREAS, Hennepin County Sheriff's Department is the agency responsible for the administration of the Violent Offender Task Force; and WHEREAS, the focus of the Violent Offender Task Force is combating repeat offenders, gangs and illegal narcotics; and, WHEREAS, criminal activity is cross jurisdictional and involves officers from various departments and agencies working cooperatively; and, WHEREAS, the Hennepin County Violent Offender Task Force and it's Governing Board have designated itself a single governmental unit for the basis of determining total liability; and, WHEREAS, the Hennepin County Violent Offender Task Force Governing Board is amending the 2014 Co-operative Agreement to authorize the Board to acquire and maintain liability coverage for the unit as single governmental unit; and, WHEREAS, the City of Richfield Police Department is a party to the 2014 Co- operative Agreement. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield approve the amendment to the 2014 Co-operative Agreement with the Hennepin County Violent Offender Task Force for the acquisition and maintenance of liability coverage for the Task Force as a whole by the Governing Board of the Task Force. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AMENDMENT NO. 1 TO AGREEMENT NO. A141147 The HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE 2014 CO-OPERATIVE AGREEMENT, executed by Hennepin County, on behalf of the Hennepin County Sheriff's Office and the Hennepin County Attorney's Office, the City of Richfield, the City of Brooklyn Park, the City of Brooklyn Center, the City of Golden Valley and the Drug Enforcement Administration (may be referred to herein as the "parties"). IT IS HEREBY AGREED that Agreement No. A141147 between the herein -named parties is hereby amended in accordance with the provisions set forth below: 1. Section 6, Powers and Duties of the Task Force, of the original contract shall be amended by adding a new Section 6.15 which reads as follows: "6.15 Effective October 16, 2014, or as soon thereafter as is possible, the Task Force, by action of the Board, shall acquire and maintain liability coverage for the Task Force through an insurance policy with the League of Minnesota Cities Insurance Trust (LMCIT) with a limit of at least $1,500,000 per occurrence, under the standard LMCIT liability coverage forms. Alternatively, the Board may elect to obtain such liability coverage from a private commercial insurer, provided such commercial policy or policies contain coverages that are generally equivalent to, and as broad as, those provided under the standard LMCIT coverage forms. If coverage is obtained through a commercial insurer, such policies shall comply with the following requirements: • Each policy shall have a limit of at least $2 million per occurrence. If the policy contains a general aggregate limit, the general aggregate limit shall not be less than $1,500,000. • The CGL insurance shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and contractually -assumed liability. • Each Member, and each Member's officers, employees, and volunteers, shall be named as additional covered parties on each policy for all claims arising from Task Force activities or operations. The Board shall manage the policies acquired under this section, and any matters related thereto, in accordance with law and as needed to ensure sufficient insurance coverages remain in place. The cost for any such policies shall be paid solely from the forfeiture, seizures, fines and other proceeds generated by the Task Force as further described in Section 10." 2. Section 7, Liability, of the original contract shall be amended by adding a new Section 7.05 which reads as follows: "7.05 To the limit and extent that coverage is available by and through any policy of insurance obtained pursuant to Section 6.15 herein, the Task Force shall defend and indemnify its Members, the Task Force Board including but not limited to the Chair, the Directors, the Task Force Commander, peace officers performing 1 452472v4 TJG BR291-20 hereunder and any Member personnel, including but not limited the Member's officers, employees and volunteers, for any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from Task Force activities or operations and/or decisions of the Task Force Board. Nothing in this agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466, as a waiver of any immunities or defenses available to the Task Force or any of the Members under law, or as any of the Members accepting liability for the acts or omissions of any of the other Members under Minnesota Statutes, section 471.59, subdivision 1a. To the fullest extent permitted by law, this agreement and the activities carried out hereunder shall be construed as a "cooperative activity" and it is the intent of the Board and the Members that they shall be deemed a "single governmental unit" for the purposes of determining total liability as set forth in Minnesota Statutes, section 471.59, subdivision 1a." 3. Section 7, Liability, of the original contract shall be amended by adding a new Section 7.07 which reads as follows: "7.07 Except as set forth in Section 6.15 and 7.05, Sections 7.1 through 7.4 shall remain applicable. For clarification and not limitation, Sections 7.1 through 7.4 shall apply in the event (i) any claim is based on an event that pre -dates the coverage offered by the policy of insurance; (ii) based on the nature or circumstances of the claim, the Task Force's policy of insurance does not cover a claim; (iii) the insurer denies a claim for any reason; (iv) a claim exceeds the limits of said policy of insurance; or (v) any other situation or instance not specifically addressed by Section 6.15 and/or 7.05. If there is a conflict between the provisions of Section 6.15 or 7.05 and any provisions of Sections 7.1-7.4, the provisions set forth in Section Sections 6.15 and/or 7.05 shall prevail." Except as hereinabove amended, the terms, conditions and provisions of A141147 shall remain in full force and effect. This Amendment No. 1 to Agreement No. A141147 shall be effective upon approval by the authorized Hennepin County Officials. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, caused this Amendment to be executed. (signatures continued on the following page) 452472v4 TJG BR291-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF BROOKLYN PARK The Brooklyn Park City Council duly approved this Agreement on the day of , 2014. Approved as to form and legality: Brooklyn Park City Attorney City of Brooklyn Park By: Its Mayor And by: Its City Manager (signatures continued on the following page) 3 452472v4 TJG BR291-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF BROOKLYN CENTER The Brooklyn Center City Council duly approved this Agreement on the day of 2014. Approved as to form and legality: Brooklyn Center City Attorney City of Brooklyn Center By: Its Mayor And by: Its City Manager (signatures continued on the following page) 4 452472v4 TJG BR291-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF RICHFIELD The Richfield City Council duly approved this Agreement on the day of 2014. City of Richfield By: Its Mayor And by: Its City Manager Approved as to form and legality: Richfield City Attorney (signatures continued on the following page) 452472v4 TJG BR291-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF GOLDEN VALLEY The Golden Valley City Council duly approved this Agreement on the day of .2014. Approved as to form and legality: Golden Valley City Attorney City of Golden Valley By: Its Mayor And by: Its City Manager (signatures continued on the following page) 6 452472v4 TJG BR291-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION The Drug Enforcement Administration duly approved this Agreement on the day of ,2014 Approved as to form and legality: DOJ Attorney Drug Enforcement Administration By: Its Director (signatures continued on the following page) 7 452472v4 TJG BR291-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT Hennepin County Board Approval Task Force Members, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on behalf of the Hennepin County Sheriff's Office and the Hennepin County Attorney's Office on the day of 2014 and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provision herein set forth. Reviewed by County Attorney's Office: County of Hennepin State of Minnesota Chair of its County Board Assistant County Attorney And: Assistant/Deputy/County Commissioner And: Hennepin County Sheriff Attest: 8 452472v4 TJG BR291-20 Deputy/Clerk of County Board REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 8.D. STAFF REPORT NO. 221 CITY COUNCIL MEETING 12/9/2014 Melissa Poehlman, City Planner John Stark, Community Development Director N/A Steven L. Devich Consideration of the approval of the first reading of an amendment to the City's Zoning Ordinance. The proposed amendment will clarify and enhance regulations related to uses with drive -up window or teller service in the Mixed Use Districts. EXECUTIVE SUMMARY: City staff continually monitors and notes areas of the Zoning Code that may require revision. Staff has noted, and discussed with the Council in the past, some seemingly contradictory language in the regulations related to uses with drive-throughs in the Mixed Use Districts. The proposed ordinance cleans up that language and proposes additional standards related to new uses with drive -up or teller service. The proposed changes are intended to help implement the pedestrian -friendly goals of the Comprehensive Plan. . A minimum distance (500 feet) will be required between substantially -similar uses with drive -up or teller service in order to prevent a proliferation of any one type of use in a particular area. . Non -similar uses with drive -up service may not locate on property adjacent to an existing facility with drive -up service unless the applicant can demonstrate that the use will not be detrimental to pedestrian, bicycle or vehicle movements. . The maximum number of queuing lanes shall be reduced from two to one and limitations on the size, location and design of order facilities have been added. . Language allowing the City to consider an additional service lane for ATMs and similar facilities is included. . Current regulations allowed drive -up service for stand-alone buildings so long as the facilities were designed to minimize impacts to the pedestrian environment and adequately address circulation. This has been amended to require that all drive -up service providers address these issues, not just those in single -tenant buildings. . Language has been added that encourages drive -up service providers to allow bicyclists to utilize those facilities. RECOMMENDED ACTION: By motion: Approve a first reading of an ordinance amending Subsection 537.05, Subdivision 5 and Subsection 541.21, Subdivision 3 of the Richfield City Code related to uses with drive -up window or teller service in the Mixed Use Districts. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: The Mixed Use Districts are specifically intended to provided greater pedestrian and bicycle access and connections, and to discourage auto -oriented uses. The proposed regulations are intended to balance the desire for convenience - service with the desire for safe and walkable mixed use areas. There are five existing businesses in the Mixed Use Districts that offer drive -up service of some kind (Arby's, Taco Bell, Richfield -Bloomington Credit Union, CVS and The Bank of the Lakes). • Richfield -Bloomington Credit Union and Arby's are currently legally nonconforming (number of queuing lanes, number of service windows, circulation). This will continue to be the case under the proposed regulations. • Both CVS and Taco Bell received variances related to one or more aspects of their drive-throughs that do not meet current requirements. These uses are therefore considered conforming. CVS would be made legally non- conforming in regard to the number of service lanes if this ordinance were to be adopted. • The drive -up service window at The Bank of the Lakes is and will remain in compliance with proposed regulations. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Legally non -conforming uses can remain in place indefinitely. Legally non -conforming buildings can be replaced or repaired and in some instances even expanded in the Mixed Use Districts. c. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: A public hearing was held before the Planning Commission on November 24, 2014. Notice of the public hearing was published in the Sun Current newspaper in accordance with City and State requirements. No members of the public spoke at the public hearing. The Planning Commission recommended approval of the proposed ordinance (4-1, Vizecky dissenting). A second reading of the ordinance is scheduled for January 13, 2015. ALTERNATIVE RECOMMENDATION(S): • Direct staff to modify the proposed ordinance. • Reject the proposed ordinance. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D Ordinance Ordinance BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 537.05, SUBDIVISION 5 AND SUBSECTION 541.21, SUBDIVISION 3 RELATED TO USES WITH DRIVE -UP WINDOW OR TELLER SERVICE IN THE MIXED USE DISTRICTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 537.05, Subdivision 5 of the Richfield City Code is amended to read as follows: Subd. 5. Restaurant Class III or Drive -Up Window or Teller Service. Uses with drive - up window or teller service provided the following conditions are met: a) A minimum distance of 500 feet must be maintained between substantially similar uses with drive -up window or teller service (as measured from property line to property line b) Uses with drive -up window or teller service may not be located adjacent to a property with an existing drive -up window or teller service unless an applicant can demonstrate that the use will not be detrimental to pedestrian, bicycle or vehicle movements; ac) No drive -up window or lane shall be adjacent to a public street; tad) Drive -up uses shall be limited to one (1) service window which is part of a primary structure and r,r. mere than twe','"a single queuing lanes UnIess approved aleRg with additional landsE;aping, sE;reening, or other impreved pedestrian amenitieS SUE; fenGing, seating, raised pedestrian ues?,ngs, �,and order board/station; (i) The content portion of order boards is limited to 40 square feet; (ii) Order board content may not extend above 8 feet in height on the supporting structure; (iii) Order boards/stations must be located within 60 feet of the business which they serve. e) The City may consider one additional service lane for Automated Teller Machines (ATMs) or similar facilities; 0) Drive -up must he f part nc multi -tenant ivorl�aev nmen�standinry buildings unless hall net ha„o drive up facilities +hey aremust be designed ``t"o�`"minimize impacts to the pedestrian environment and adequately address circulation issues and potential noise or light pollution; g) Drive-through canopies and other structures, where present, shall be constructed from the same materials as the primary building and with a similar level of architectural quality and detailing; dh) There shall be no curb cuts on public streets exclusively for the use of drive -up queuing or exit lanes. Drive -up traffic shall enter and exit from internal circulation drives; ei) Queuing space for at least 4 cars (70 feet) shall be provided per drove U1, ^oma,,;^o lane as measured from, but not including, the first drive -up service window or teller station. Such queuing space shall not interfere with parking spaces or traffic circulation; fi) Any drive -up service window, teller or order station, or exterior loudspeaker shall be located at least 150 feet from any parcel with residential uses on the first floor; gk) The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections; 1) The City shall encourage operators to permit bicyclist use of sales and service windows; #m) Alcoholic beverages shall not be served; and +n) Exterior speakers shall comply with the noise control limits set by Subsection 930 of the City Code. Sec. 2 Subsection 541.21, Subdivision 3 of the Richfield City Code is amended to read as follows: Subd. 3. Applicable regulations. The regulations of the underlying Mixed -Use Community (MU -C) District shall apply with the following additions and exceptions: a) Uses. All permitted, accessory, conditional and interim uses allowed in the MU -C District are allowed in the PAC District with the following additions, qualifications and/or exceptions: Table 1 Uses in the Penn Avenue Corridor Overlay District Note — The following abbreviations are used within the use table: P = Permitted use A = Accessory use C = Conditionally permitted N = Not permitted Use PAC Regional retail services P Auto mechanical or body repair shops N Auto detailing N Dwelling, townhouse (min. density 6 du/acre) P Dwelling, multifamily (min. density 6 du/acre) P Live -work units min. density 6 du/acre P Transit facilities or municipal parking lots P b) Uses not listed. Any land use not listed as Permitted, Accessory or Conditional in this subsection or other referenced subsections is prohibited in the Penn Avenue Corridor Overlay District unless the use is found to be substantially similar to a use listed, as determined by the City in accordance with Subsection 509.23 of this Code. c) Genditienal uses. All Genditiens appliGable on the MU G ■ iStriGt, as feund 014 DA(' ■ HN, dc) Bulk and dimensional standards. All bulk and dimensional standards applicable in the MU -C District, as found in Subsection 537.07 of this code, shall apply in the PAC District with the following additions, qualifications and/or exceptions: (i) The minimum two-story building requirement prescribed in Table 2 of Subsection 537.07 does not apply within the PAC District. (ii) The maximum number of building stories in the PAC District shall be eight (8) stories. (iii) A mix of uses, as prescribed by Subsection 537.07, Subd. 2(b) is not required within the PAC District. ed) Other Performance Standards. All additional performance standards applicable in the MU -C District, as found in Subsection 537.11 of this code, shall apply in the PAC District with the following additions, qualifications and/or exceptions: (i) The above -ground parking ramps orientation requirement described by Subsection 537.11, Subd. 6(d) does not apply in the PAC District. (ii) The open space requirement described by Subsection 537.11, Subd. 8 does not apply in the PAC District. Sec. 3 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 13th day of January, 2015 Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 8.E. STAFF REPORT NO. 222 CITY COUNCIL MEETING 12/9/2014 Melissa Poehlman, City Planner John Stark, Community Development Director N/A Steven L. Devich Consideration of the approval of the first reading of an amendment to the City's Zoning Ordinance. The proposed ordinance would amend the way in which the City administers odor control requirements for commercial kitchens. EXECUTIVE SUMMARY: In the past six months the Council has been asked to consider two appeals related to enforcement of odor control requirements for commercial kitchens. As a result of these appeals, the current language was determined to be vague and inadequate. Based on past experiences in administering odor control requirements, reaction from businesses and residents (past and present), and recent discussions with the City Council, staff is suggesting that odor control be addressed in the Code as follows: New restaurants that utilize equipment requiring a Type 1 Ventilation Hood and are located on sites abutting or within 150 feet of existing residential properties, shall install professionally -designed odor control remedies. New restaurants that utilize equipment requiring a Type 1 Ventilation Hood and are located on sites abutting or within 150 feet of future residential development, shall provide plans for a professionally -designed odor control remedy and a statement by a structural engineer that the building design could accommodate the planned odor control and associated screening in the future. Subsequent complaints of odor impacts may result in the requirement that the planned odor control device be installed. Pre-existing restaurants that are augmenting cooking equipment and/or increasing odor emissions and that are located on sites abutting or within 150 feet of either existing or future residential development, shall be required to follow the same regulations as new restaurants abutting future residential development (above). Administrative Exemptions: The Community Development Director shall have the authority to exempt uses from meeting these requirements with a written finding that the proposed commercial kitchen is for an institutional (or similar) use that will have limited hours of operation and/or minimal usage. The rational for treating pre-existing restaurants or new restaurants adjacent to future residential development differently is because occupants in such situations were aware of the existence, and potential impacts, of the restaurant site in question before they decided to purchase or rent their home. RECOMMENDED ACTION: By motion: Approve a first reading of an ordinance amending Subsection 544.27 of the City Code related to commercial kitchen odor control. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: Current Code language related to odor control is as follows: 544.27 Environmental Effects. No activity operation shall be established or maintained that by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust or particulate matter in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety, or cause injury to property or business. Since the fall of 1986, it has been the practice of City staff to interpret this language to imply that emissions from a commercial kitchen with a Type I Ventilation Hood (if required by the Minnesota Building Code) would emit odors to a degree that would be detrimental to the comfort of adjacent residential properties. As such, restaurants using this equipment and adjacent to residential property would either be prohibited or would require some form of mechanical or chemical odor control device. Discussions with former City employees have indicated that this interpretation was based on City Council direction resulting from vocal public objection to the impacts of odor caused by Champps Restaurant. Recent restaurants that have installed complying odor control devices include: Pizza Luce, Mi Ama, Andale, Lyn65, EI Tejeban and, most recently, MyBurger (required as a condition of approval). In the case of Lakewinds Co-op, the adjacent residential is planned, but not yet constructed. In this circumstance, staff required Lakewinds to design an odor control system and to ensure that their building could accommodate that system in the future if there are complaints from future residential neighbors. At the request of the Planning Commission, staff requested feedback on the existing and proposed regulations from a group of property owners, developers and/or restaurant operators that have proposed, opened or significantly remodeled a restaurant in the City in the last two years. Initially only one of the nine queried businesses responded, so staff followed up with a second request to a couple of survey recipients. Additionally, staff spoke informally to a restaurant developer and representatives of a fast-food franchise. The full text of the written feedback has been provided as an attachment to this report. In general, staff felt that the respondents found the proposed ordinance to be an improvement and that it was a generally fair way to administer this policy. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): • City staff, the City Council and the Business Community (as represented by the Chamber of Commerce) all agree that the existing language in the Zoning Ordinance regarding odor control is inadequate and imprecise. • One of the primary goals of the zoning code is to foster harmonious and workable relationships among land uses. C. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: • The City Attorney has advised that an abrupt change in the way in which staff administers the Code as it pertains to odors, without a formal change in policy could lead former applicants to the conclusion that the ordinance is being applied in an arbitrary and capricious manner. • The City Attorney was involved in drafting the proposed ordinance revision. • A public hearing was held before the Planning Commission on October 27, 2014. • Notice of the public hearing was published in the Sun Current newspaper in accordance with City and State requirements. • Chamber of Commerce President Angie Schaefbauer spoke against the proposed ordinance. • The Planning Commission recommended approval of the proposed ordinance (5-0). • A second reading of the ordinance is scheduled for January 13, 2015. ALTERNATIVE RECOMMENDATION(S): • Approve a first reading of the proposed ordinance with additional changes. • Reject the proposed ordinance. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description D Ordinance Comments received Type Ordinance Exhibit BILL NO. AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING AMENDING SUBSECTION 544.27 RELATED TO COMMERCIAL KITCHEN ODOR CONTROL THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 544.27 of the Richfield City Code is amended to read as follows: 544.27. Environmental Effects. No activity or operation shall be established or maintained that by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust or particulate matter in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety, or cause injury to property or business. Subd. 1. Commercial Kitchen Odor Control. All properties that contain cooking apparatus which necessitates the installation of a Type 1 Ventilation Hood (as required by State Building Code) and which abut (or are located within 150 feet even if not abutting) existing and/or future residential property shall mitigate or otherwise address the impact of odors as follows: a) Adjacent to Existing Residential. New restaurant sites abutting or adjacent to existing residential properties shall install professionally -designed odor control remedies; b) Adjacent to Future Residential. New restaurant sites abutting or adjacent to future residential development (either as a result of the Comprehensive Plan or an approved development plan) shall provide plans for a professionally - designed odor control remedy and a statement by a structural engineer that the buildina desian could accommodate the planned odor control and associated screening in the future. Subsequent complaints of odor impacts may result in the requirement that the planned odor control device be installed. c) Pre-existing Restaurant Sites. Pre-existing restaurant sites abutting or adjacent to either existing or future residential development, which are augmenting cooking equipment and/or intensifying odor emissions, shall follow the requirements of clause b above. d) Administrative Exemptions: The Community Development Director shall have the authority to exempt uses from meeting the requirements of this Subdivision with a written finding that the proposed commercial kitchen is for an institutional (or similar) use that will have limited hours of operation and/or minimal usaae. Section 2 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of November, 2014. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk Written comments received regarding existing and proposed odor control regulation Automatically requiring the odor control system for any property in any location in Richfield doesn't make sense; in my opinion. Yes, this makes enforcement easier (for City employees/enforcement departments) by having a blanket statement, but it does pose an economic burden on any business coming into Richfield and makes Richfield less competitive against most other municipalities. It is my understanding only Bloomington and Woodbury currently have a blanket control requirement similar to Richfield's. Minneapolis, Edina, Egan, Apple Valley and Saint Paul do not have these requirements to the best of my knowledge. A big part of the ordinance issue, (I believe.) deals with the ordinance language. As I understand the language, if Planning Commission or City Council overrides the recommendations of Planning Department, nothing can be done in the future to push a business to install an odor control system. This forces the Planning Commission and Council into taking the path of lowest risk, which then forces a business to either accept the restriction and related costs or pushes them over the City limits to another municipality. I feel the language needs to be changed to encourage the Planning Commission and City Council to take a greater level of risk, allowing the City go after a business if odors become a problem. - From further discussions with Rick Regnier, the ordinance is not specific to the type of odor control system—this is helpful. Depending on the volume and type of cooking, a business will not need to expend as much capital if a full 'scrubber' system is not required. However, at minimum, the cost will double no matter what system is installed—and in most cases will increase the cost of installing an exhaust system by a factor of four or more times depending on the level of odor control. - The most difficult question with odor issues is intensity and frequency. This also relates to distance. If one resident complains of cooking smells every time the wind blows from the east is that enough cause to force a business to spend $40,000 plus dollars or is that part of living in an urban area? I realize this is the toughest question to answer, but flexible boundaries need to be set—this is not a case of one size fits all. Finally, I believe all the businesses wanting to locate in Richfield want to be good neighbors. However, if they decide not to come to the City the tax base is reduced and Richfield is a less vibrant City. Vibrant areas all have problems with parking, too much traffic, constant enforcement, waste management and other issues. However, Richfield would probably love to have a destination area similar to Uptown, Grand Avenue, or 50th and France, even with the problems. Those areas all had or have less restrictive ordinances on trash, odor control, and parking—but now that the economic engine is in place, additional enforcement is economically feasible. I would say that regulation to limit and annoyance of obtrusive smell is justified for residential areas. (that's why hog farms are in rural areas ;-)) - I agree there should be conditions on the new rules, specifically if existing restaurants are adding fries, etc. - I do not agree that all new restaurants will create odors, thus I believe there should be some criteria on this. Having all new restaurants install a system may be a undue burden on these business's. - The proposal sounds fair and plausible to me. REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 81. STAFF REPORT NO. 223 CITY COUNCIL MEETING 12/9/2014 Chris Link, Operations Superintendent Mike Eastling, Public Works Director N/A Steven L. Devich Consideration of the approval of a resolution authorizing acceptance of a grant received by the City of Richfield from The Toro Company's Giving Program and the Minnesota Twin's Community Fund. EXECUTIVE SUMMARY: In August of this year The Toro Company and the Minnesota Twins reached out to City of Richfield Recreation and Park Maintenance Departments with a proposal to upgrade one of Richfield neighborhood ballfield facilities. Monroe Park's ballfield was chosen and the following items were completed by City Staff and over 70 volunteers from both the Toro Company and the Minnesota Twins: . Backstop removal and replacement Installation of concrete curbing Installation of a larger skinned surface Installation of bases and base pegs . Aeration of the entire park . Over seeding/fertilization of the entire park . Picnic Table painting . Tree plantings Both the Toro Company's Giving Program and the Minnesota Twins Community Fund donated $10,000 each to the project. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing acceptance of a grant to the City of Richfield from the Toro Company Giving Program and the Minnesota Twins Community Fund. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: The Toro Company and the Minnesota Twins notified City of Richfield Staff of the grant project in August 2014. The project was completed on October 1 st. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): • Minnesota Statute section 465.03 requires that all grants to the City be accepted by a Council resolution C. CRITICAL TIMING ISSUES: • Grant funds should be approved in the year that they were used. • The project was completed on October 1, 2014 D. FINANCIAL IMPACT: • The grant from both organizations is $20,000 • The total cost of the project was $22,000 • The extra $2,000 was funded through the Park Maintenance Budget E. LEGAL CONSIDERATION: • Minnesota Statute section 465.03 requires that all grants to the City be accepted by a Council resolution ALTERNATIVE RECOMMENDATION(S): Choose not to approve the resolution which would void the acceptance of the grant. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type 1) Resolution Resolution Letter RESOLUTION NO. RESOLUTION AUTHORIZING RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT RECIEVED BY THE CITY OF RICHFIELD FROM THE TORO COMPANY AND THE MINNESOTA TWINS WHEREAS, the City of Richfield received checks from both the Toro Company Giving Program and the Minnesota Twins Community Fund in the amount of $10,000 designated for field improvements at Monroe Park; and WHEREAS, Minnesota Statute requires every acceptance of a grant be made by resolution of more than two-thirds majority of the City Council; and WHEREAS, the donated funds will be used to reimburse the City of Richfield for costs related to the project. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield accept the donation from both the Toro Company and the Minnesota Twins, totaling $20,000, and will be used to reimburse the Park Maintenance Budget for the cost of the project. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor /_IaION9 Nancy Gibbs, City Clerk REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 8.G. STAFF REPORT NO. 224 CITY COUNCIL MEETING 12/9/2014 Chris Link, Operations Superintendent Mike Eastling, Public Works Director N/A Steven L. Devich Consideration of the approval of the purchase of a street sweeper in 2015 from MacQueen Equipment Inc. in the amount of $179,691.00 including trade-in for use by the Street Maintenance Division. EXECUTIVE SUMMARY: The City's current sweeper is a fully depreciated piece of equipment that was originally purchased through the Storm Water Budget. This piece of equipment is used by the Street Division for street and leaf sweeping and for storm water improvements. The storm water improvements are seen through reducing the amount of phosphorus and organic debris that may enter storm water holding ponds. Replacement Schedule The current street sweeper has outlasted its scheduled replacement date. Staff has determined that it is no longer cost effective to make major repairs to the street sweeper. RECOMMENDED ACTION: By Motion: Approve the purchase of an Elgin street sweeper in 2015 from MacQueen Equipment Inc. in the amount of $179,691.00 including trade-in. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: • The Street Maintenance Division utilizes three sweepers for sweeping operations • The sweeper that is to be replaced has been extended 5 years past it's original replacement schedule. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Purchasing supplies, materials, and equipment through a cooperative purchasing program allows the City to purchase items at a lower cost due to the purchasing power of a large group. The City of Richfield currently purchases from three cooperative sources: • Hennepin County Cooperative Purchase Program • State of Minnesota Cooperative Purchasing Program • National Joint Powers Agreement Cooperative Purchasing Program The State of Minnesota Cooperative Purchasing Program will be used for the purchase of the new street sweeper. c. CRITICAL TIMING ISSUES: Approval at this meeting will allow sufficient time for delivery before next year's street sweeping season D. FINANCIAL IMPACT: • Purchase of the Street Sweeper is identified in the 23014R -2015P Storm Water Budget (53000-7400) for $190,000 • The purchase price includes a $16,500 trade-in for the current sweeper • The total purchase price is $179,691.00 LEGAL CONSIDERATION: When the purchase of materials, merchandise, equipment, or construction exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. ALTERNATIVE RECOMMENDATION(S): Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. PRINCIPAL PARTIES EXPECTED AT MEETING: None. REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 8.H. STAFF REPORT NO. 225 CITY COUNCIL MEETING 12/9/2014 Robert Hintgen, Utility Superintendent Mike Eastling, Public Works Director N/A Steven L. Devich Consideration of the approval of a contract with Thatcher Company of Montana for the purchase of 200 tons of Sodium Carbonate (Soda Ash) in the amount of $68,912.00 ($344.56/ton) for water treatment in 2015. EXECUTIVE SUMMARY: Soda Ash is a secondary chemical used in the water treatment process to lower hardness. History shows approximately 200 tons of soda ash is required per year to aid in the softening process. On November 6, 2014, a bid opening was held and three bids were submitted. Thatcher Company of Montana was the lowest bidder and meeting all specifications and requirements. RECOMMENDED ACTION: By Motion: Approve a contract with Thatcher Company of Montana for the purchase of Sodium Carbonate (Soda Ash) in the amount of $68,912.00 ($344.56/ton) for 2015. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: Soda Ash is a secondary chemical to the softening process and was used up to 2006. In 2006, staff decided to stop using it in an effort to save money and the desired water softness was being achieved without it. In 2011, staff noticed the treated water was not as soft as the treated water in 2005. The Engineering Consulting firm of (SEH) Short Elliott Hendrickson Inc. was hired to analyze the water from 2004/5 to that of 2011/12. The conclusion showed that the overall raw water hardness had risen by an average of 18%. Reintroducing Soda Ash was the answer to addressing this increased raw water hardness. Soda Ash had not been out for bid since 2005 and staff was unsure if the bid amount would come in under or over the $100,000 threshold. Being there was an official bid opening staff felt it was proper to bring this approval to the council even though the total dollar amount was under $100,000. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Contracts estimated to have a value over $100,000 must be made by sealed bids, solicited by public notice and awarded to the lowest responsible bidder. c. CRITICAL TIMING ISSUES: Soda Ash is a necessary chemical required in the water softening process. D. FINANCIAL IMPACT: Funding for the purchase of soda ash is in the 2015 Water Department Budget, line item 51000-6413 (Chemicals). E. LEGAL CONSIDERATION: When the purchase of materials, merchandise, equipment or construction exceeds $100,000, authority to purchase shall be submitted to the City Council for consideration. ALTERNATIVE RECOMMENDATION(S): Council may reject the bid and direct staff to re -advertise; however, staff does not believe better price can be obtained from a reputable contractor. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description D Bid Tabulation r1 Contract Type Backup Material Contract/Agreement co AL, W E W O r Z a N m LO -0 O N U E O a) -0 O Qmz LOm ~ CDi U r O O 4 N r c' O C a) _ U U Ea)Qo =5 0--570 Z O 'c m 7P-9=5 ?: mm2Q �. C _ C: _ C _ v H H H H H H m co 70 a) w o 70 a) o o -0 a) o LO LO o o o o 7 U') co UU LOU H b9 O EA ff-} C 69 b4 O EA �E X X X O �v O 4 p X X X V _ O z L V s m X U� M tU C) X X /O W O O O C Q Q a) C O O O C = U O U .L O U O O L Q Q Q Q Q _ •� �- •� �- •� Q cn a3 a)> �r_ m a) m a) 0 s o cu o o m o O m O > 0 m H M 0 m cn m � CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA CONTRACT Purchase of Soda Ash Bid No. 14-07 Contract No. 2803 THIS AGREEMENT made this 9th day of December 2014 between the City of Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called "The City," and Thatcher Company of Montana, P.O. Box 27407, Salt Lake City, UT 84127-0407, the "Contractor," witnesseth; that the Contractor, in consideration of the payment of the contract price therefore, amounting substantially to SIXTY EIGHT THOUSAND, NINE HUNDRED TWELVE AND NO/100 ($68,912.00) Dollars agrees to furnish all materials (except such as are specified to be furnished by the City, if any), all necessary tools and equipment, and to do and perform all the necessary work and labor for the full completion of City projects as follows: Purchase of 200 Tons of Soda Ash for the Water Treatment Plant At 6221 Portland Avenue South as per specifications, for the price and compensation set forth and specified in the proposal signed by the Contractor, which is hereto attached and hereby made a part of this Agreement, all in accordance with the specifications and special provisions therefore on file in the office of the Utility Superintendent, City of Richfield, and hereby made a part of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and there respective successors and assigns. "The contract price is a unit price of $344.56 per ton in calendar year 2015." The Contractor agrees that the work shall be done and performed in the best and most workmanlike manner; that all materials and labor shall be in strict conformity in every respect with the plans, specifications and special provisions for the improvement, shall be subject to inspection and approval of the City or a duly authorized engineer of the City, and in case any material or labor supplied shall be rejected by the City or engineer as defective or unsuitable, then such rejected material shall be removed, and replaced with approved material and the rejected labor shall be done anew to the satisfaction and Approval of the City or Utility Superintendent and at the cost and expense of the Contractor. Purchase of Soda Ash Bid No. 14-07 Contract No. 2803 The Contractor further agrees that he will commence work immediately upon receipt of contract, and will have all work done and the improvement fully completed to the satisfaction and approval of the City Council of the City of Richfield, Minnesota, as provided in the specifications. Time is the essence of this contract for prompt completion and if the Contractor shall fail to complete the work within the time herein specified, the City shall have the right to deduct from the unpaid part of the contract price, the amount, or amounts specified in the specifications, or, if no moneys shall be due the Contractor, to recover damages in accordance with said specifications, for each and every working day thereafter during which the contract shall remain unfinished and incomplete, such damages being hereby agreed upon as liquidated damages in lieu of actual damages occasioned by such delay, but special provisions, if any, contained in the proposal are also continued in effect and shall be read and construed as part of this provision as to the completion and liquidated damages for delay. It is agreed, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which will delay the completion of the work, the City Council in its discretion, and in accordance with the specifications, may extend the date hereinbefore specified for completion, and in such case the Contractor shall become liable for said liquidated damages only for failure to perform within the time so extended. It is agreed, also, that delays caused by the elements or by strikes or other combined action of workmen employed in the construction or in the transportation of materials, but in no part caused or resulting from default or collusion on the part of the Contractor, shall be excused to the extent which the City Council may find and determine such conditions to have delayed completion within the time limit, but the judgement of the City Council in fixing such amount shall be final and conclusive upon the parties hereto. It is distinctly understood and agreed that no claims for extra work done or materials furnished by the Contractor will be allowed by the City Council except as provided herein, nor shall the Contractor do any work or furnish any materials not covered by the plans, specifications, special provisions, and this contract, unless such work is first ordered in writing, as provided in the specifications. Any such work or materials which may be done or furnished by the Contractor without such written order first being given shall be at his own risk, cost and expense, and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. 2 Purchase of Soda Ahs Bid No. 14-07 Contract No. 2803 It is further agreed, anything to the contrary notwithstanding, that the City of Richfield, City Council, and its agents or employees shall not be personally liable or responsible in any manner to the Contractor, Subcontractors, materialmen, laborers, or to any person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvement provided herein. Dated at Richfield, Minnesota, this 9th day of December 2014. Thatcher Company of Montana By Its Date By Its Date 3 Signatures for City of Richfield, MN L� Debbie Goettel, Mayor Date a Steven L. Devich, City Manager Date REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 8.1. STAFF REPORT NO. 226 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn Jay Henthorne, Public Safety Director N/A Steven L. Devich Consideration of the approval of the renewal of the 2015 licenses for On -Sale 3.2 Percent Malt Liquor, Off -Sale 3.2 Percent Malt Liquor, taxi companies, and rental of trailer and trucks doing business in Richfield. Licenses to Operate in Richfield Airport Taxi - 6 vehicles A New Star Taxi and Limousine Service - 5 vehicles Suburban Taxi - 5 vehicles Gold Star Taxi - 27 vehicles Continental Taxi, LLC. - 5 vehicles American Travel - 5 vehicles Twin Cities Airport Taxi - 5 vehicles Twin Cities Taxi & Town Car — 5 vehicles Latino Americano Express (Express Taxi) - 9 vehicles 10-10 Taxi - 10 vehicles • Latino Express - 6 vehicles Licenses to operate Trailer and Truck Rental • Paul's Rentals & Sales: Trailer and truck rental. Licenses to sell 3.2 percent Malt Liquor EI Jalapeno - Off -Sale Portland Food Mart - Off -Sale Rainbow Foods - Off -Sale • Richfield U.S. (Gas station 67th& Penn) - Off -Sale SuperAmerica #4186 - Off -Sale SuperAmerica #4188 - Off -Sale SuperAmerica #4191 - Off -Sale SuperAmerica #4615 - Off -Sale • Target Corporation - Off -Sale Sandy's Tavern - On -Sale Vina Restaurant - On -Sale Davanni's - On -Sale Champps (Ice Arena location) - On -Sale EXECUTIVE SUMMARY: Staff completed a staff report for each business at the time they originally applied for and received Council approval to operate their business or to sell on -sale 3.2 percent malt liquor and off -sale 3.2 percent malt liquor at their business in the City of Richfield. This is simply a request to renew their annual license for 2015. There is not a public hearing requirement for renewals for these types of licenses. The businesses named in this report are presented for Council's approval on this date. RECOMMENDED ACTION: By Motion: Approve the 2015 renewal of named business licenses for On -Sale 3.2 Percent Malt Liquor and Off -Sale 3.2 Percent Malt Liquor establishments doing business in Richfield. Approve the 2015 renewal of named business licenses for taxi companies doing business in Richfield. Approve the 2015 renewal of named business licenses for rental of trailers and trucks doing business in Richfield. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: The listed businesses current licenses will expire on December 31, 2014. The businesses named below with the corresponding licenses are presented for Council's approval on this date. Licenses to Operate in Richfield • Airport Taxi - 6 vehicles • A New Star Taxi and Limousine Service - 5 vehicles • Suburban Taxi - 5 vehicles • Gold Star Taxi - 27 vehicles • Continental Taxi, LLC. - 5 vehicles • American Travel - 5 vehicles • Twin Cities Airport Taxi - 5 vehicles • Twin Cities Taxi & Town Car — 5 vehicles • Latino Americano Express (Express Taxi) - 9 vehicles • 10-10 Taxi - 10 vehicles • Latino Express - 6 vehicles Licenses to operate Trailer and Truck Rental • Paul's Rentals & Sales: Trailer and truck rental. Licenses to sell 3.2 percent Malt Liquor • EI Jalapeno - Off -Sale • Portland Food Mart - Off -Sale • Rainbow Foods - Off -Sale Richfield U.S. (Gas station 67th & Penn) - Off -Sale • SuperAmerica #4186 - Off -Sale • SuperAmerica #4188 - Off -Sale • SuperAmerica #4191 - Off -Sale • SuperAmerica #4615 - Off -Sale • Target Corporation - Off -Sale • Sandy's Tavern - On -Sale Vina Restaurant - On -Sale Davanni's - On -Sale • Champps (Ice Arena location) - On -Sale B. POLICIES (resolutions, ordinances, regulations, statutes, exc): All businesses must annually request renewal of their 3.2 Percent Malt Liquor licenses to the City Council. Businesses must meet the requirements for renewal of their licenses. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: All license fees must be paid and application forms submitted in order to be considered for license renewal. LEGAL CONSIDERATION: There are no legal issues. ALTERNATIVE RECOMMENDATION(S): Deny the request for the renewal of 2015 licenses for On -Sale 3.2 Percent Malt Liquor, Off -Sale 3.2 Percent Malt Liquor, taxi companies, and rental of trailer and trucks doing business in Richfield. This would result in the applicants not being able to conduct business within the City in 2015. However, there have been no issues with any of these establishments and the Public Safety Department has found no reason to deny any of the requested licenses. PRINCIPAL PARTIES EXPECTED AT MEETING: Businesses have been notified of the date of presentation to the City Council but are not required to attend. REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 10. STAFF REPORT NO. 227 CITY COUNCIL MEETING 12/9/2014 Jeff Pearson, Transportation Engineer Mike Eastling, Public Works Director N/A Steven L. Devich Continuation of public hearing and consideration of the second reading regarding a transitory ordinance authorizing the sale of remnant parcels located at 6245 and 6301 Bloomington Avenue South and resolutions authorizing summary publication of the ordinances. EXECUTIVE SUMMARY: The City purchased 6245 Bloomington Avenue, 6301 Bloomington Avenue, and 6300 16th Avenue for right-of- way as part of the Richfield Parkway Connection project. The alignment of the new roadway created remnants of 6245 and 6301 Bloomington Avenue that are larger than what the City has determined is necessary for long-term right-of-way needs. The property owners adjacent to these remnant parcels, at 6239 Bloomington Avenue and 6305 Bloomington Avenue, approached the City with an interest in purchasing a portion of these remnants. Property owners at 6239 Bloomington Avenue South and 6305 Bloomington Avenue South have signed purchase agreements for their desired remnant parcels. In addition, the Planning Commission passed the attached required resolution finding that the sale of the remnant parcel is consistent with the Richfield Comprehensive Plan. RECOMMENDED ACTION: Conduct and close continuation of the public hearing from the November 25, 2014 meeting regarding the sale of remnant parcels located at 6245 and 6301 Bloomington Avenue South and by motion: 1. Approve the second reading of the attached transitory ordinance authorizing the sale of land located at 6245 Bloomington Avenue South by the City of Richfield. 2. Approve the second reading of the attached transitory ordinance authorizing the sale of land located at 6301 Bloomington Avenue South by the City of Richfield. 3. Approve the resolution authorizing summary publication of the ordinance authorizing the sale of land located at 6245 Bloomington Avenue South by the City of Richfield. 4. Approve the resolution authorizing summary publication of the ordinance authorizing the sale of land located at 6301 Bloomington Avenue South by the City of Richfield. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: . The establishment of Richfield Parkway as a vehicular and greenway corridor extending from the City's northern border is an identified goal of the Comprehensive Plan. . The area has been identified as a future greenway since the adoption of the Cedar Avenue Corridor Master Plan in 2004. . The construction of the Richfield Parkway connection in 2013 between Bloomington Avenue and 17th Avenue (now completely Richfield Parkway) contributed to that goal. • Staff determined that after construction, excess right-of-way exists in this area to facilitate a property sale to adjacent property owners. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): • City Code Section 500.03, Subd. 2, requires that all subdivisions of land in the City must be approved by Council resolution pursuant to the provisions of Minnesota Statutes, Section 462.357 • City Charter Section 13.04, requires that no real property of the City shall be disposed of except by ordinance. . This process provides for public input through a public hearing. c. CRITICAL TIMING ISSUES: Buyers would like to complete sales in 2014. Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. D. FINANCIAL IMPACT: The purchase price for both remnant parcels have been approved by the City Manager. E. LEGAL CONSIDERATION: The City Attorney has reviewed the sale process and the attached documents and will be in attendance at the Council meeting should questions arise. ALTERNATIVE RECOMMENDATION(S): . Council may choose to not approve the subdivisions or sales. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description D 6245 Ordinance D 6301 Ordinance D 6245 Resolution SumPub d 6301 Resolution SumPub D 6245 Purchase Agreement d 6301 Purchase Agreement Type Ordinance Ordinance Resolution Letter Resolution Letter Contract/Agreement Contract/Agreement PC Resolution Exhibit ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF LAND LOCATED AT 6245 BLOOMINGTON AVENUE SOUTH BY THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01 The City of Richfield ("City") is governed by a home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02 The City owns certain property located at 6245 Bloomington Avenue South which is legally described on Exhibit A attached hereto ("Property"); 1.03. The City purchased the Property for public purposes as part of a larger tract, but the portion thereof which is legally described on Exhibit A attached hereto and which is depicted on Exhibit B attached hereto is not required for that public purpose and is not anticipated to be needed in the future for any public purpose; 1.04. The City, as Seller, and Ouneheuane Sengsourichanh and Keo Sengsourichanh, husband and wife, as Purchasers, have entered into a purchase agreement, subject to City Council approval, under which it is proposed that the City sell the Property to the Purchasers for a purchase price of $2,133.80; 1.05. The Property is an uneconomic remnant which the City Director of Public Works has recommended be sold to the Purchasers as provided in said purchase agreement. 1.06. The Purchasers own the real estate adjacent to the Property. 1.07. The Council finds and determines that it is in the best interests of the City to sell the Property to the Purchasers. Section 2. Adoption; effective date; filing. 2.01. The sale of the Property to the Purchasers is hereby approved in accordance with the provisions of the purchase agreement on file with the City Clerk. The Mayor and the City Manager are authorized and directed to execute the purchase agreement, the deed and any other documents recommended by the City Attorney in furtherance of the conveyance of the Property to Purchasers as provided in the purchase agreement. -1- 4475770 RJL RC145-681 2.02. This Ordinance shall take effect after the thirtieth (30'1') day following adoption and publication, exclusive of the day of publication. Adopted by the City Council of the City of Richfield, Minnesota this day of 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk SEAL -2- 447577x3 RJL RC145-681 EXHIBIT A Le2af Description of Property That part of Lot 14, Block 9, Girard Parkview, as is on file in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of Lot 14, Block 9, Girard Parkview; thence South 89 degrees 13 minutes 13 seconds West, assumed bearing along the north line thereof 118.61 feet; thence South 23 degrees 40 minutes 59 seconds East, 12.11 feet; thence North 89 degrees 13 minutes 13 seconds East, 48.09 feet; thence North 79 degrees 35 minutes 57 seconds East, 66.75 feet to the point of beginning. Vs EXHIBIT B Parcel Sketch of Portion of Property To Be Conveyed HIM ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF LAND LOCATED AT 6301 BLOOMINGTON AVENUE SOUTH BY THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01 The City of Richfield ("City") is governed by a home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The City owns certain property located at 6301 Bloomington Avenue South which is legally described in Exhibit A attached hereto and which is depicted in Exhibit B attached hereto ("Property"); 1.03. The City purchased the Property for public purposes as part of a larger tract, but the portion thereof which is legally described on Exhibit A attached hereto and which is depicted on Exhibit B attached hereto is not required for that public purpose and is not anticipated to be needed in the future for any public purpose; 1.04. The City, as Seller, and Craig D. Olsen and Sarah L. Olsen, husband and wife, as Purchasers, have entered into a purchase agreement, subject to City Council approval, under which it is proposed that the City sell the Property to the Purchasers for a purchase price of $1,522.80; 1.05. The Property is an uneconomic remnant which the City Director of Public Works has recommended be sold to the Purchasers as provided in said purchase agreement. 1.06. The Purchasers own the real estate adjacent to the Property. 1.07. The Council finds and determines that it is in the best interests of the City to sell the Property to the Purchasers. Section 2. Adoption; effective date; filing. 2.01. The sale of the Property to the Purchasers is hereby approved in accordance with the provisions of the purchase agreement on file with the City Clerk. The Mayor and the City Manager are authorized and directed to execute the purchase agreement, the deed and any other documents recommended by the City Attorney in furtherance of the conveyance of 1 4475840 RJL RC145-682 the Property to the Purchasers as provided in the purchase agreement. 2.02. This Ordinance shall take effect on the 30t" day following its adoption and publication, exclusive of the day of publication. Adopted by the City Council of the City of Richfield, Minnesota this day of 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk SEAL 2 4475840 RJL RC145-682 EXHIBIT A Le2af Description of Property That part of Lot 20, Block 10, Girard Parkview, as is on file in the office of the County Recorder, Hennepin County, Minnesota described as follows: Commencing at the southeast corner of Lot 20, Block 10, Girard Parkview; thence South 89 degrees 20 minutes 15 seconds West, assumed bearing along the south line thereof 63.46 feet to the point of beginning; thence North 60 degrees 28 minutes 37 seconds West, 20.84 feet; thence North 89 degrees 40 minutes 14 seconds West, 48.34 feet; thence South 22 degrees 34 minutes 35 seconds West, 12.32 feet to the south line thereof; thence North 89 degrees 20 minutes 15 seconds East, 71.21 feet to the point of beginning. A-1 4475840 RJL RC145-682 EXHIBIT B Parcel Sketh o!#r get B -I 4475840 wtRC!«-: I � � - � o L) � im \ _ — ƒ $ � � n U� § m � 0 - § 2 2 a- §40 f k O G B In di ' . � � � ! \ ■ f � � B -I 4475840 wtRC!«-: RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AUTHORIZING THE SALE OF LAND AT 6245 BLOOMINGTON AVENUE SOUTH BY THE CITY OF RICHFIELD WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2014 - AN ORDINANCE AUTHORIZING THE SALE OF LAND AT 6245 BLOOMINGTON AVENUE SOUTH BY THE CITY OF RICHFIELD On December 9, 2014, the Richfield City Council adopted an ordinance designated as Bill No. , the title of which is stated above. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of the Ordinance is to authorize the sale of a remnant of land by the City that was originally purchased for public purposes and is no longer needed. The City has entered into a purchase agreement with Ouneheuane and Keo Sengsourichanh, owners of property adjacent to the subject parcel, for $2,133.80. BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the Ordinance in her office at City Hall for public inspection and to post a full copy of the Ordinance in a public place in the City for a period of two weeks. Copies of the Ordinance are also available upon request by calling 612-861-9738. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk 431858v1 MDT RC1 60-3 RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AUTHORIZING THE SALE OF LAND AT 6301 BLOOMINGTON AVENUE SOUTH BY THE CITY OF RICHFIELD WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2014 - AN ORDINANCE AUTHORIZING THE SALE OF LAND AT 6301 BLOOMINGTON AVENUE SOUTH BY THE CITY OF RICHFIELD On December 9, 2014, the Richfield City Council adopted an ordinance designated as Bill No. , the title of which is stated above. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of the Ordinance is to authorize the sale of a remnant of land by the City that was originally purchased for public purposes and is no longer needed. The City has entered into a purchase agreement with Craig and Sarah Olsen, owners of property adjacent to the subject parcel, for $1,522.80. BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the Ordinance in her office at City Hall for public inspection and to post a full copy of the Ordinance in a public place in the City for a period of two weeks. Copies of the Ordinance are also available upon request by calling 612-861-9738. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk Error! Unknown document property name. Error! Unknown document property name. PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made as of this day of , 2014, by and between the City of Richfield, a municipal corporation under the laws of the State of Minnesota ("Seller") and Ouneheuane Sengsourichanh and Keo Sengsourichanh, husband and wife ("Buyer"). RECITALS Seller is the owner of property located at 6245 Bloomington Avenue South, in Richfield Minnesota, Minnesota, which is legally described on the attached Exhibit A ("Property"). The Property is vacant land. No personal property is included in the sale. AGREEMENT 1. Offer/Acceptance for Sale of Property. The Seller agrees to sell to Buyer the Property and Buyer agrees to purchase the same, according to the terms of this Agreement. 2. Purchase Price for Property and Terms. A. PURCHASE PRICE: The total purchase price for the Property is Two Thousand One Hundred Thirty -Three and 80/100ths Dollars ($2,133.80) (the "Purchase Price"). (1): EARNEST MONEY. The sum of Three Hundred and 00/100ths Dollars ($300.00) (the "Earnest Money") shall be paid by Buyer to Seller. (2): BALANCE DUE SELLER. Buyer agrees to pay by check or electronic transfer of funds on the date of closing on the Property (the "Closing Date") the remaining balance of the Purchase Price due to Seller according to the terms of this Agreement. (3): DEED/MARKETABLE TITLE. Subject to performance by Buyer, Seller agrees to execute and deliver a Quit Claim Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. C. Public utility and drainage easements of record. 1 4456190 CBR RC 145-681 (4): DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In addition to the Quit Claim Deed required at paragraph 2B(3) above, Seller shall deliver to Buyer: a. Standard form Affidavit of Seller. b. Certificate that Seller is not a foreign national. C. Well disclosure certification, if required, or, if there is no well on the Property, the Quit Claim Deed given pursuant to paragraph 2B(3) above must include the following statement: "The Seller certifies that Seller does not know of any wells on the described real property." d. Any other documents reasonably required by Buyer's title insurance company or attorney to evidence that title to the Property is marketable and that Seller has complied with the terms of this Agreement. 3. Buyer's Contingencies. Buyer's obligation to buy is contingent upon the following: a. Buyer's determination of marketable title pursuant to paragraph 4 of this Agreement; b. Buyer's determination, in its sole discretion, that the results of any environmental investigation of the Property conducted pursuant to this Agreement are satisfactory to Buyer; Buyer shall have the period provided in paragraph 5 below to remove contingency a., and fifteen (15) days to remove contingency b., provided that these contingencies are solely for the benefit of Buyer and may be waived by Buyer. If Buyer or its attorney gives written notice to Seller that the contingencies at a. and b. are duly satisfied or waived, Buyer and Seller shall proceed to close the transaction as contemplated herein. If one or more of Buyer's or Seller's contingencies is not satisfied, or is not satisfied on time, and is not waived, this Agreement shall thereupon be void at the written option of Buyer and Seller shall return the Earnest Money, if any, to Buyer, and Buyer and Seller shall execute and deliver to each other a termination of this Agreement. As a contingent Agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq. 4. Seller's Contingencies. Seller's obligation to sell is contingent upon the following: a. Approval of this Agreement by the Richfield City Council; 2 4456190 CBR RC145-681 b. Approval of the lot split required for this conveyance by the Richfield City Council; and c. Lot combination for tax purposes with Buyer's property lying adjacent to the Property. Seller's contingencies may not be waived. 5. Title Examination/Curing Title Defects. As soon as reasonably possible after execution of this Agreement by both parties, Buyer shall obtain the title evidence determined necessary or desirable by Buyer. The Buyer shall have thirty (30) days from the date it receives such title evidence to raise any objections to title. Objections not made within such time will be deemed waived. The Seller may affect a cure satisfactory to Buyer or may give written notice to Buyer that Seller elects not to cure. The Buyer may then elect to close notwithstanding the uncured objections, or may declare this Agreement null and void and the parties will thereby be released from any further obligation hereunder. 6. Real Estate Taxes and Special Assessments. Real estate taxes payable in the year of closing will be pro -rated between Buyer and Seller to the Closing Date. Seller shall pay all real estate taxes payable in previous years, the entire unpaid balance of special assessments, and all installments of special assessments levied and pending, including special assessment installments payable after the year of closing. If closing occurs prior to the date the amount of real estate taxes due in the year of closing are available from Hennepin County, the current year's taxes will be pro- rated based on the amount due in the prior year. 7. Closing Date. The Closing Date will be on or before , 2014. Delivery of all papers and the closing shall be made by mail or electronic mail, or at the offices of Seller, 6700 Portland Avenue South, Richfield, MN 55423, or at such other location as is mutually agreed upon by the parties. Date. 8. Possession The Seller agrees to deliver possession not later than the Closing 9. Seller Warranties. (a) Mechanics' Liens. Seller warrants that, prior to the closing, Seller shall pay in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or repair of any structure upon or improvement to the Property. (b) Notices. Seller warrants that it has not received any notice from any governmental authority as to violation of any law, ordinance or regulation in connection with the Property. (c) Tenants. Seller warrants that the Property is not now occupied by tenants and was not occupied by tenants at the time Seller first received Buyer's written offer to purchase the Property. 3 4456190 CBR RC145-681 10. Closing Costs/Recording Fees/Deed Tax. The Buyer will pay: (a) the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) fees for title evidence obtained by Buyer; and (c) the recording fee for the deed transferring title to Buyer. Seller will pay (a) any transfer taxes and Well Disclosure fees required to enable Buyer to record its deed from Seller under this Agreement (b) fees and charges related to the filing of any instrument required to make title marketable. Each party shall pay its own attorney fees. 11. Inspections. From the date of this Agreement to the Closing Date, Buyer, its employees and agents, shall be entitled to enter upon the Property to conduct such surveying, inspections, investigations, soil borings and testing, and drilling, monitoring, sampling and testing of groundwater monitoring wells, as Buyer shall elect; provided, that Seller is given at least 24 hours' notice. 12. Risk of Loss. If there is any loss or damage to the Property between the date hereof and the Closing Date, for any reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the Property is destroyed or substantially damaged before the closing date, this Agreement shall become null and void, at Buyer's option. At the request of Buyer, Seller agrees to sign a cancellation of Agreement. 13. Default/Remedies. If Buyer defaults in any of the covenants herein, Seller may terminate this Agreement, and on such termination all payments made hereunder shall be retained by Seller as liquidated damages, time being of the essence. This provision shall not deprive either party of the right to enforce specific performance of this Agreement, provided this Agreement has not terminated and action to enforce specific performance is commenced within six months after such right of action arises. In the event Buyer defaults in its performance of the terms of this Agreement and Notice of Cancellation is served upon Buyer pursuant to Minn. Stat. Section 559.21, the termination period shall be thirty (30) days as permitted by Minn. Stat., Section 559.21, Subd. 4. 14. Disclosures Required by Law. The following disclosures/provisions are required by law: a) Wells. Seller certifies that Seller does not know of a well on the Property. b) Storage Tanks. Seller discloses that, to the best of Seller's knowledge, there are no above -ground or underground storage tanks located in, on, or under the Property. c) Septic System. Seller discloses that any sewage generated on the Property will go to a facility permitted by the Minnesota Pollution Control Agency ("MPCA"). d) Statutory Methamphetamine Disclosure Statement. Pursuant to Minn. Stat. § 152.0275, Seller certifies that as of the date hereof no methamphetamine production has occurred on the property. 15. Broker Commission. Each party represents to the other that it has not utilized the services of any real estate broker or agent in connection with this Agreement or the transaction contemplated by this Agreement. Each party agrees to indemnify, defend, and hold harmless the 4 445619v3 CBR RC 145-681 other party against and in respect of any such obligation and liability based in any way upon agreements, arrangements, or understandings made or claimed to have been made by the party with any third person. 16. Notice. Any notice, demand, request or other communication which may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is personally served upon one of the following indicated recipients for notices or is deposited in the United States Mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: SELLER: Jeff Pearson City of Richfield 1901 East 66th Street Richfield, MN 55423 With Copy to: Kennedy & Graven, Chartered ATTN: Robert Lindall and Catherine B. Rocklitz 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 BUYER: Ouneheuane Sengsourichanh and Keo Sengsourichanh 6239 Bloomington Ave. So. Richfield, MN 55423 17. Entire Agreement. This Agreement, Exhibits, and other amendments signed by the parties, shall constitute the entire Agreement between Seller and Buyer and supersedes any other written or oral agreements between the parties relating to the Property. This Agreement can be modified only in a writing properly signed on behalf of Seller and Buyer. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date and year above. Seller: City of Richfield By: Its Mayor And by: Its City Manager 5 4456190 CBRRC145-681 Buyer: Our elieliane Sengsour'c anh Keo SengsourichanV EXHIBIT A Legal Description of Property That part of Lot 14, Block 9, Girard Parkview, as is on file in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of Lot 14, Block 9, Girard Parkview; thence South 89 degrees 13 minutes 13 seconds West, assumed bearing along the north line thereof 118.61 feet; thence South 23 degrees 40 minutes 59 seconds East, 12.11 feet; thence North 89 degrees 13 minutes 13 seconds East, 48.09 feet; thence North 79 degrees 35 minutes 57 seconds East, 66.75 feet to the point of beginning. 6 4456190 CBR RC145-681 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made as of this day of , 2014, by and between the City of Richfield, a municipal corporation under the laws of the State of Minnesota ("Seller") and Craig D. Olsen and Sarah L. Olsen, husband and wife ("Buyer"). RECITALS Seller is the owner of property located at 6301 Bloomington Avenue South, in Richfield Minnesota, Minnesota, which is legally described on the attached Exhibit A ("Property"). The Property is vacant land. No personal property is included in the sale. AGREEMENT 1. Offer/Acceptance for Sale of Property. The Seller agrees to sell to Buyer the Property and Buyer agrees to purchase the same, according to the terms of this Agreement. 2. Purchase Price for Property and Terms. A. PURCHASE PRICE: The total purchase price for the Property is One Thousand Five Hundred Twenty Two and 80/100ths Dollars ($1,522.80) (the "Purchase Price"). B. TERMS: (1): EARNEST MONEY. The sum of Three Hundred and 00/100ths Dollars ($300.00) (the "Earnest Money") shall be paid by Buyer to Seller. (2): BALANCE DUE SELLER. Buyer agrees to pay by check or electronic transfer of funds on the date of closing on the Property (the "Closing Date") the remaining balance of the Purchase Price due to Seller according to the terms of this Agreement. (3): DEED/MARKETABLE TITLE. Subject to performance by Buyer, Seller agrees to execute and deliver a Quit Claim Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. C. Public utility and drainage easements of record. 1 445695v2 CBR RC 145-682 (4): DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In addition to the Quit Claim Deed required at paragraph 213(3) above, Seller shall deliver to Buyer: a. Standard form Affidavit of Seller. b. Certificate that Seller is not a foreign national. C. Well disclosure certification, if required, or, if there is no well on the Property, the Quit Claim Deed given pursuant to paragraph 213(3) above must include the following statement: "The Seller certifies that Seller does not know of any wells on the described real property." d. Any other documents reasonably required by Buyer's title insurance company or attorney to evidence that title to the Property is marketable and that Seller has complied with the terms of this Agreement. 3. Buyer's Contingencies. Buyer's obligation to buy is contingent upon the following: a. Buyer's determination of marketable title pursuant to paragraph 4 of this Agreement; b. Buyer's determination, in its sole discretion, that the results of any environmental investigation of the Property conducted pursuant to this Agreement are satisfactory to Buyer; Buyer shall have the period provided in paragraph 5 below to remove contingency a., and fifteen (15) days to remove contingency b., provided that these contingencies are solely for the benefit of Buyer and may be waived by Buyer. If Buyer or its attorney gives written notice to Seller that the contingencies at a. and b. are duly satisfied or waived, Buyer and Seller shall proceed to close the transaction as contemplated herein. If one or more of Buyer's or Seller's contingencies is not satisfied, or is not satisfied on time, and is not waived, this Agreement shall thereupon be void at the written option of Buyer and Seller shall return the Earnest Money, if any, to Buyer, and Buyer and Seller shall execute and deliver to each other a termination of this Agreement. As a contingent Agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq. 4. Seller's Contingencies. Seller's obligation to sell is contingent upon the following: a. Approval of this Agreement by the Richfield City Council; 2 445695v2 CBR RC 145-682 b. Approval of the lot split required for this conveyance by the Richfield City Council; and c. Lot combination for tax purposes with Buyer's property lying adjacent to the Property. Seller's contingencies may not be waived. 5. Title Examination/Curing Title Defects. As soon as reasonably possible after execution of this Agreement by both parties, Buyer shall obtain the title evidence determined necessary or desirable by Buyer. The Buyer shall have thirty (30) days from the date it receives such title evidence to raise any objections to title. Objections not made within such time will be deemed waived. The Seller may affect a cure satisfactory to Buyer or may give written notice to Buyer that Seller elects not to cure. The Buyer may then elect to close notwithstanding the uncured objections, or may declare this Agreement null and void and the parties will thereby be released from any further obligation hereunder. 6. Real Estate Taxes and Special Assessments. Real estate taxes payable in the year of closing will be pro -rated between Buyer and Seller to the Closing Date. Seller shall pay all real estate taxes payable in previous years, the entire unpaid balance of special assessments, and all installments of special assessments levied and pending, including special assessment installments payable after the year of closing. If closing occurs prior to the date the amount of real estate taxes due in the year of closing are available from Hennepin County, the current year's taxes will be pro- rated based on the amount due in the prior year. 7. Closing Date. The Closing Date will be on or before , 2014. Delivery of all papers and the closing shall be made by mail or electronic mail, or at the offices of Seller, 6700 Portland Avenue South, Richfield, MN 55423, or at such other location as is mutually agreed upon by the parties. Date. 8. Possession The Seller agrees to deliver possession not later than the Closing 9. Seller Warranties. (a) Mechanics' Liens. Seller warrants that, prior to the closing, Seller shall pay in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or repair of any structure upon or improvement to the Property. (b) Notices. Seller warrants that it has not received any notice from any governmental authority as to violation of any law, ordinance or regulation in connection with the Property. (c) Tenants. Seller warrants that the Property is not now occupied by tenants and was not occupied by tenants at the time Seller first received Buyer's written offer to purchase the Property. 3 445695v2 CBR RC 145-682 10. Closing Costs/Recording Fees/Deed Tax. The Buyer will pay: (a) the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) fees for title evidence obtained by Buyer; and (c) the recording fee for the deed transferring title to Buyer. Seller will pay (a) any transfer taxes and Well Disclosure fees required to enable Buyer to record its deed from Seller under this Agreement (b) fees and charges related to the filing of any instrument required to make title marketable. Each party shall pay its own attorney fees. 11. Inspections. From the date of this Agreement to the Closing Date, Buyer, its employees and agents, shall be entitled to enter upon the Property to conduct such surveying, inspections, investigations, soil borings and testing, and drilling, monitoring, sampling and testing of groundwater monitoring wells, as Buyer shall elect; provided, that Seller is given at least 24 hours' notice. 12. Risk of Loss. If there is any loss or damage to the Property between the date hereof and the Closing Date, for any reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the Property is destroyed or substantially damaged before the closing date, this Agreement shall become null and void, at Buyer's option. At the request of Buyer, Seller agrees to sign a cancellation of Agreement. 13. Default/Remedies. If Buyer defaults in any of the covenants herein, Seller may terminate this Agreement, and on such termination all payments made hereunder shall be retained by Seller as liquidated damages, time being of the essence. This provision shall not deprive either party of the right to enforce specific performance of this Agreement, provided this Agreement has not terminated and action to enforce specific performance is commenced within six months after such right of action arises. In the event Buyer defaults in its performance of the terms of this Agreement and Notice of Cancellation is served upon Buyer pursuant to Minn. Stat. Section 559.21, the termination period shall be thirty (30) days as permitted by Minn. Stat., Section 559.21, Subd. 4. 14. Disclosures Required by Law. The following disclosures/provisions are required by law: a) Wells. Seller certifies that Seller does not know of a well on the Property. b) Storage Tanks. Seller discloses that, to the best of Seller's knowledge, there are no above -ground or underground storage tanks located in, on, or under the Property. c) Septic System. Seller discloses that any sewage generated on the Property will go to a facility permitted by the Minnesota Pollution Control Agency ("MPCA"). d) Statutory Methamphetamine Disclosure Statement. Pursuant to Minn. Stat. § 152.0275, Seller certifies that as of the date hereof no methamphetamine production has occurred on the property. 15. Broker Commission. Each party represents to the other that it has not utilized the services of any real estate broker or agent in connection with this Agreement or the transaction contemplated by this Agreement. Each party agrees to indemnify, defend, and hold harmless the 4 445695v2 CBR RC145-682 other party against and in respect of any such obligation and liability based in any way upon agreements, arrangements, or understandings made or claimed to have been made by the party with any third person. 16. Notice. Any notice, demand, request or other communication which may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is personally served upon one of the following indicated recipients for notices or is deposited in the United States Mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: SELLER: Jeff Pearson City of Richfield 1901 East 66th Street Richfield, MN 55423 With Copy to: Kennedy & Graven, Chartered ATTN: Robert Lindall and Catherine B. Rocklitz 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 BUYER: Craig D. Olsen and Sarah L. Olsen 6305 Bloomington Avenue South Richfield, MN 55423 17. Entire Agreement. This Agreement, Exhibits, and other amendments signed by the parties, shall constitute the entire Agreement between Seller and Buyer and supersedes any other written or oral agreements between the parties relating to the Property. This Agreement can be modified only in a writing properly signed on behalf of Seller and Buyer. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date and year above. Seller: City of Richfield By: Its Mayor And by: Its City Manager 445695v2 CBR RC 145-682 Craig D. Olsen arah L. Olsen EXHIBIT A Legal Description of Property That part of Lot 20, Block 10, Girard Parkview, as is on file in the office of the County Recorder, Hennepin County, Minnesota described as follows: Commencing at the southeast corner of Lot 20, Block 10, Girard Parkview; thence South 89 degrees 20 minutes 15 seconds West, assumed bearing along the south line thereof 63.46 feet to the point of beginning; thence North 60 degrees 28 minutes 37 seconds West, 20.84 feet; thence North 89 degrees 40 minutes 14 seconds West, 48.34 feet; thence South 22 degrees 34 minutes 35 seconds West, 12.32 feet to the south line thereof; thence North 89 degrees 20 minutes 15 seconds East, 71.21 feet to the point of beginning. 6 445695v2 CBR RC145-682 RESOLUTION NO. 205 RESOLUTION OF THE RICHFIELD PLANNING COMMISSION FINDING THAT THE SALE OF REMNANT PARCELS RELATED TO THE RICHFIELD PARKWAY CONNECTION PROJECT ARE IN CONFORMANCE WITH THE COMPREHENSIVE PLAN WHEREAS, the Planning Commission has reviewed the Comprehensive Plan regarding the construction of Richfield Parkway; WHEREAS, the Planning Commission has found that the sale of subdivided portions of the following single family properties to the adjacent landowners as noted would be consistent with the Richfield Comprehensive Plan: Lot 14, Block 9, Girard Parkview (6245 Bloomington Avenue, Sale to 6239 Bloomington Avenue) Lot 20, Block 10, Girard Parkview (6301 Bloomington Avenue, Sale to 6305 Bloomington Avenue) NOW, THEREFORE BE IT RESOLVED, that the Planning Commission finds that the sale of the above described properties by the City to adjacent landowners is in conformance with the Richfield Comprehensive Plan. Adopted this 22nd day of September, 2014 by the Planning Commission of the City of Richfield, Minnesota, ATTEST: Th mas Rublein, Secretary REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 11. STAFF REPORT NO. 228 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. 7529 Lyndale Avenue South. EXECUTIVE SUMMARY: On October 31, 2014, the City received the application materials for the renewal of Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. 7529 Lyndale Avenue South. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. This agenda item is the first request out of two for the renewal of Pawnbroker and Secondhand Goods Dealers' licenses. If no Council member objects, the Council may conduct a single public hearing for all of the license approvals and may pass all of the resolutions with a single motion. If a single/individual public hearing is called for, the Mayor should require each speaker to identify the particular license to which the person is speaking. Any Council member may request that the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. 7529 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On October 31, 2014, the City received the application and other required documents for Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. • Real estate taxes are not delinquent The $5,000 bond has been submitted. Environmental health staff has received no complaints regarding Metro Pawn & Gun in the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The Pawnbroker and Secondhand Goods Dealer licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Sections 1186 and 1187 require owners of Pawnbroker and Secondhand Goods Dealer licensed establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: There are no legal issues. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain Pawnbroker and Secondhand Goods Dealer licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Metro Pawn & Gun, Inc. staff ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR METRO PAWN & GUN, INC. Officers: Mark Nichols, Owner Elizabeth Nichols, Owner John Kunst, Store Manager Criminal History: Mark Nichols has no known criminal record. Elizabeth Nichols has no known criminal record. John Kunst, who serves as the On Premise Manager, has no known criminal record. PrPmigPq- The property is owned by Mark and Elizabeth Nichols. Record of Service Calls: There were ten Public Safety/Police contacts with Metro Pawn & Gun, Inc. from October 2013 through September 2014. This compares with five contacts for the previous year. A breakdown of these contacts is attached to this report. Routine Information: The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Metro Pawn & Gun, Inc. Directors and Officers Mark William Nichols Owner Elizabeth Marie Nichols Owner PUBLIC SAFETY CONTACTS October 2013 through September 2014 Metro Pawn & Gun, Inc. The criminal contacts from October 2013 through September 2014 were: one hit and run, one drug related and one suspicious activity. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 5 10 CRIMINAL CONTACTS 1 3 Incidents (see bottom of page for specifics) (1) (3) Alarm (0) (0) MISC. NON -CRIMINAL 4 7 Assists (3) (5) Traffic (1) (2) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: one hit and run, one drug related and one suspicious activity. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 12. STAFF REPORT NO. 229 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 Pawnbroker and Secondhand Goods Dealer licenses for University Cash Company, Inc. d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. EXECUTIVE SUMMARY: On November 04, 2014, the City received the application materials for the renewal of Pawnbroker and Secondhand Goods Dealer licenses for University Cash Company, Inc. d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 Pawnbroker and Secondhand Goods Dealer licenses for University Cash Company, Inc. d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On November 04, 2014, the City received the application and other required documents for Pawnbroker and Secondhand Goods Dealer licenses for University Cash Company, Inc. d/b/a Avi's Pawn & Jewelry. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. Real estate taxes are not delinquent. The $5,000 bond has been submitted. Environmental health staff has received no complaints regarding Avi's Pawn & Jewelry in the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The Pawnbroker and Secondhand Goods Dealer licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Sections 1186 and 1187 require owners of Pawnbroker and Secondhand Goods Dealer licensed establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain Pawnbroker and Secondhand Goods Dealer licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Avi's Pawn & Jewelry staff ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR UNIVERSITY CASH COMPANY, INC. d/b/a AVI'S PAWN & JEWELRY Officers - Andy Strauss, Owner Criminal History: Andy Strauss has no known criminal record. Charles Hayes, who serves as the On Premise Manager, has no known criminal record. Premises: The property is owned by L.N.S. Real Estate Partnership. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were seven Public Safety/Police contacts with Avi's Pawn & Jewelry from October 2013 through September 2014. This compares with seven contacts for the previous year. A breakdown of these contacts is attached to this report. Routine Information: The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Avi's Pawn & Jewelry Andy Jason Strauss Directors and Officers Owner PUBLIC SAFETY CONTACTS October 2013 through September 2014 Avi's Pawn & Jewelry The criminal contacts from October 2013 through September 2014 were: three suspicious activities, one theft and two alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 7 7 CRIMINAL CONTACTS 6 6 Incidents (see bottom of page for specifics) (6) (4) Alarm (0) (2) MISC. NON -CRIMINAL 1 1 Assists (0) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (1) (0) The criminal contacts from October 2013 through September 2014 were: three suspicious activities, one theft and two alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 13. STAFF REPORT NO. 230 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 Club On -Sale Intoxicating and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink, 6715 Lakeshore Drive. EXECUTIVE SUMMARY: On October 31, 2014, the City received the application materials for the renewal of Club On -Sale and Sunday liquor licenses, for Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink, 6715 Lakeshore Drive. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. This agenda item is the first request out of two for the renewal of Club On -Sale and Sunday liquor licenses. Of the remaining one, if no Council member objects, the Council may conduct a single public hearing for the license approvals and may pass both of the resolutions with a single motion. If a single/individual public hearing is called, the Mayor should require each speaker to identify the particular license to which the person is speaking. Any Council member may request that the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 Club On -Sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink, 6715 Lakeshore Drive. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On October 31, 2014, the City received the application and other required documents for Club On -Sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been received showing Integrity Mutual Insurance Co. affording coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 48% of the total sales, while liquor accounted for 52% of the total sales. The VFW is exempt from meeting the code requirement that states that more than 50% of the business activities must be related to the service of food. Due to the fact that they are a club/veterans organization they are exempt from that requirement. Environmental health staff has received no complaints regarding Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The Club On -Sale and Sunday liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of Club On -Sale and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes c. CRITICAL TIMING ISSUES: There are no critical timing issues D. FINANCIAL IMPACT: The required licensing fees have been received. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain Club On -Sale and Sunday liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: V.F.W. staff ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FRED BABCOCK V.F.W. POST NO. 5555 d/b/a FOUR NICKELS FOOD AND DRINK Officers: Don Emond, House Committee Chair Criminal History: Don Emond has no known criminal record. Valerie Olson, who serves as the On Premise Manager, has no known criminal record. Premises: Gramercy Park Cooperative at Lake Shore Drive is the owner of the property. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were 13 Public Safety/Police contacts with Four Nickels Food & Drink from October 2013 through September 2014. This compares with 13 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Four Nickels Food & Drink was April 3, 2008. Routine Information: Club On -Sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on Club On -Sale and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Four Nickels Food and Drink Directors and Officers Don Emond House Committee Chair ------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2013 through September 2014 Four Nickels Food and Drink The criminal contacts from October 2013 through September 2014 were: two welfare checks, one theft, one hit and run, one suspicious activity and four alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 13 13 CRIMINAL CONTACTS 7 9 Incidents (see bottom of page for specifics) (5) (5) Alarm (2) (4) MISC. NON -CRIMINAL 6 4 Assists (2) (2) Traffic (1) (1) Inspections/Licensing (2) (0) Medical/Fire (1) (1) The criminal contacts from October 2013 through September 2014 were: two welfare checks, one theft, one hit and run, one suspicious activity and four alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 14. STAFF REPORT NO. 231 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Serivices Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 Club On -Sale and Sunday liquor licenses for Minneapolis -Richfield American Legion Post 435, 6501 Portland Avenue South. EXECUTIVE SUMMARY: On October 29, 2014, the City received the application materials for the renewal of Club On -Sale and Sunday liquor licenses for Minneapolis -Richfield American Legion Post No. 435, 6501 Portland Avenue South. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 Club On -Sale and Sunday liquor licenses for Minneapolis -Richfield American Legion Post No. 435, 6501 Portland Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On October 29, 2014, the City received the application and other required documents for Club On -Sale and Sunday liquor licenses for Minneapolis -Richfield American Legion Post No. 435. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been received showing Integrity Mutual Insurance Co. affording coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 28% of the total sales, while liquor accounted for 72% of the total sales. The Minneapolis -Richfield American Legion is exempt from meeting the code requirement stating more than 50% of the business activities must be related to the service of food. Due to the fact they are a Club/Veterans organization, they are exempt from that requirement. Environmental health staff has received no complaints regarding the Minneapolis -Richfield American Legion for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The Club On -Sale and Sunday liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of Club On -Sale and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain Club On -Sale and Sunday liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: John Wortman - On Premise Manager ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR MINNEAPOLIS -RICHFIELD AMERICAN LEGION POST 435 Officers - James Munson, Finance Officer Thomas Eckhoff, Commander Criminal History: James Munson has no known criminal record. Thomas Eckhoff has no known criminal record. John Wortman, who serves as the On Premise Manager, has no known criminal record. Premises - The property and building continue to be owned by the American Legion. Record of Service Calls: There were 18 Public Safety/Police contacts with Minneapolis -Richfield American Legion Post 435 from October 2013 through September 2014. This compares with 18 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Minneapolis -Richfield American Legion was March 19, 2010. Routine Information: Club On -Sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on Club On -Sale and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Minneapolis -Richfield American Legion Post 435 James Munson Thomas Eckhoff Directors and Officers Finance Officer Commander PUBLIC SAFETY CONTACTS October 2013 through September 2014 Minneapolis -Richfield American Legion Post 435 The criminal contacts from October 2013 through September 2014 were: one drunkenness, three suspicious activities, one customer trouble, two disturbances, one hit and run and four alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 18 18 CRIMINAL CONTACTS 12 12 Incidents (see bottom of page for specifics) (10) (8) Alarm (2) (4) MISC. NON -CRIMINAL 6 6 Assists (2) (3) Traffic (4) (3) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: one drunkenness, three suspicious activities, one customer trouble, two disturbances, one hit and run and four alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 15. STAFF REPORT NO. 232 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, 7644 Lyndale Avenue South. EXECUTIVE SUMMARY: On October 31, 2014, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. This agenda item is the first request out of nine for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. Of the remaining eight, if no Council member objects, the Council may conduct a single public hearing for all of the license approvals and may pass all of the resolutions with a single motion. If a single/individual public hearing is called, the Mayor should require each speaker to identify the particular license to which the person is speaking. Any Council member may request that the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, 7644 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On October 31, 2014, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Safety National Casualty Corporation affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period for October 2013 through September 2014. The statement indicates that food sales accounted for 99.8% of the total sales, while liquor accounted for .2% of the total sales. Environmental health staff has received no complaints regarding Chipotle Mexican Grill for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of on -sale wine and 3.2 percent malt liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain on -sale wine and 3.2 percent malt liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Edgar Reyes, On Premise Manager. ATTACHMENTS: Description Type D Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR CHIPOTLE MEXICAN GRILL OF COLORADO, LLC d/b/a CHIPOTLE MEXICAN GRILL Officers: Montgomery Frederick Moran, LLC Manager - Boulder, Colorado Matthew Steven Ellis, LLC Manager - Denver, Colorado Criminal History: Montgomery Moran has no known criminal record. Matthew Ellis has no known criminal record. Edgar Reyes, who serves as the On Premise Manager, has no known criminal record. Premises: Lyndale Gateway, LLC is the owner of the property. The lease between the applicant and the landlord is in effect with all payments current. Record of Service Calls: There were 27 Public Safety/Police contacts with Chipotle Mexican Grill from October 2013 through September 2014. This compares with 11 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Chipotle Mexican Grill. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Chipotle Mexican Grill, LLC Directors and Officers Montgomery Moran LLC Manager — Boulder, Colorado Matthew Ellis LLC Manager — Denver, Colorado ----------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2013 through September 2014 Chipotle Mexican Grill The criminal contacts from October 2013 through September 2014 were: three accidents, one unwanted guest, two burglaries, one disturbance and five alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 11 27 CRIMINAL CONTACTS 8 12 Incidents (see bottom of page for specifics) (5) (7) Alarm (3) (5) MISC. NON -CRIMINAL 3 15 Assists (0) (14) Traffic (0) (1) Inspections/Licensing (2) (0) Medical/Fire (1) (0) The criminal contacts from October 2013 through September 2014 were: three accidents, one unwanted guest, two burglaries, one disturbance and five alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 16. STAFF REPORT NO. 233 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Thompson's Fireside Pizza, Inc. d/b/a Fireside Pizza, 6736 Penn Avenue South. EXECUTIVE SUMMARY: On November 03, 2014, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Thompson's Fireside Pizza, Inc. d/b/a Fireside Pizza. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Thompson's Fireside Pizza, Inc. d/b/a Fireside Pizza, 6736 Penn Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On November 03, 2014, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Fireside Pizza. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. • Real estate taxes are not delinquent. Proof of liquor liability insurance coverage has been received showing West Bend Mutual Company affording the coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 90% of the total sales, while liquor accounted for 10% of the total sales. Environmental health staff has received no complaints regarding Fireside Pizza for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any on-going problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Richard Bruce Thompson, Owner ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR THOMPSON'S FIRESIDE PIZZA, INC. d/b/a FIRESIDE PIZZA Officers: Richard Thompson, Owner Criminal History: Richard Bruce Thompson, who also serves as the On Premise Manager, has no known criminal record. Premises: Richard Bruce Thompson is the owner of the property. Record of Service Calls: There were three Public Safety/Police contacts with Fireside Pizza from October 2013 through September 2014. This compares with nine contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: Thompson's Fireside Pizza has received no violations for the sale of alcohol to underage youth. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Fireside Pizza Directors and Officers Richard Bruce Thompson Owner & On -Premise Manager ----------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2013 through September 2014 Fireside Pizza The criminal contacts from October 2013 through September 2014 were: one customer trouble and one alarm. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 9 3 CRIMINAL CONTACTS 6 2 Incidents (see bottom of page for specifics) (6) (1) Alarm (0) (1) MISC. NON -CRIMINAL 3 1 Assists (2) (0) Traffic (1) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: one customer trouble and one alarm. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 17. STAFF REPORT NO. 234 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Cafe, 2928 66th Street West. EXECUTIVE SUMMARY: On November 3, 2014, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Cafe. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Cafe, 2928 66th Street West. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On November 3, 2014, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick's French Bakery, Inc. d/b/a Patrick's Bakery Cafe. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Continental Casualty Company affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 98% of the total sales, while liquor accounted for 2% of the total sales. • Environmental health staff has received no complaints regarding Patrick's Bakery & Cafe for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain On -sale Wine and 3.2 Percent Malt Liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Patrick Bernet, President and Rafeigh Bernet, Vice -President and On -Premise Manager will not be attending the meeting due to the fact that they will all be out of the country at the time of the meeting. ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PATRICK'S FRENCH BAKERY, INC. d/b/a PATRICK'S BAKERY & CAFE Officers: Patrick Bernet, President Rafieh (Azita) Bernet, Vice -President and On -Premise Manager Criminal History: Patrick Bernet has no known criminal record. Rafieh, who also serves as the On Premise Manager, has no known criminal record. Premise -,- Patrick Bernet is the owner of the property. Venture Bank and Wells Fargo are the Mortgage Companies. All payments are current. Record of Service Calls: There were eight Public Safety/Police contacts with Patrick's Bakery & Cafe from October 2013 through September 2014. This compares with three contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Patrick's Bakery & Cafe was in June 2012. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor Licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Patrick's Bakery & Cafe Directors and Officers Patrick Bernet President Rafieh Bernet Vice -President PUBLIC SAFETY CONTACTS October 2013 through September 2014 Patrick's Bakery & Cafe The criminal contacts from October 2013 through September 2014 were: two hit and runs, two suspicious activities and one warrant arrest. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 3 8 CRIMINAL CONTACTS 3 5 Incidents (see bottom of page for specifics) (3) (5) Alarm (0) (0) MISC. NON -CRIMINAL 0 3 Assists (0) (2) Traffic (0) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: two hit and runs, two suspicious activities and one warrant arrest. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 18. STAFF REPORT NO. 235 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya Thai Restaurant, 7545 Lyndale Avenue South. EXECUTIVE SUMMARY: On October 31, 2014, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya Thai Restaurant. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya Thai Restaurant, 7545 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On October 31, 2014, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. Real estate taxes are not delinquent. Proof of liquor liability insurance coverage has been received showing Travelers Casualty Insurance Company of America affording the coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 96% of the total sales, while liquor accounted for 4% of the total sales. Environmental health staff has received no complaints regarding Joy's Pattaya Thai Restaurant for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Dale Mueller, Owner ATTACHMENTS: Description Type Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR JOY'S PATTAYA THAI RESTAURANT, LLC d/b/a JOY'S PATTAYA THAI RESTAURANT Officers: Dale Lynn Mueller, Owner Joy Mueller, Owner Criminal History: Dale Lynn Mueller has no known criminal record. Joy Mueller, who also serves as the On Premise Manager, has no known criminal record. Premises: Kenneth Johnson of Bloomington, Minnesota, is the owner of the property. The current lease with the applicants is in effect with all payments current. Record of Service Calls: There were two Public Safety/Police contacts with Joy's Pattaya Thai Restaurant from October 2013 through September 2014. This compares with three contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Joy's Pattaya Thai Restaurant. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Joy's Pattaya Thai Restaurant Directors and Officers Dale Lynn Mueller Owner Joy Mueller Owner and On -Premise Manager -------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2013 through September 2014 Joy's Pattaya Thai Restaurant The criminal contact from October 2013 through September 2014 was: one theft. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 3 2 CRIMINAL CONTACTS 2 1 Incidents (see bottom of page for specifics) (2) (1) Alarm (0) (0) MISC. NON -CRIMINAL 1 1 Assists (1) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contact from October 2013 through September 2014 was: one theft. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 19. STAFF REPORT NO. 236 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for John E. Powers and Associates d/b/a Lariat Lanes, 6320 Penn Avenue South. EXECUTIVE SUMMARY: On November 03, 2014, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for John E. Powers and Associates d/b/a Lariat Lanes. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for John E. Powers and Associates d/b/a Lariat Lanes, 6320 Penn Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On November 03, 2014, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Lariat Lanes. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. • Real estate taxes are not delinquent. Proof of liquor liability insurance coverage has been received showing Illinois Casualty affording the coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from September 2013 through October 2014, and indicates that food sales accounted for 54% of the total sales, while alcohol accounted for 46% of the total sales. Environmental health staff has received no complaints regarding Lariat Lanes for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain on -sale wine and 3.2 percent malt liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Brandi James, On Premise Manager. ATTACHMENTS: Description Type Summary of background investigation and breakdown of Public Backup Material `� Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR JOHN E. POWERS AND ASSOCIATES d/b/a LARIAT LANES Officers: John Edwin Powers, President John Edwin Powers, Jr., Vice President David Matthew Powers, Secretary Jeff Earl Powers, Treasurer Criminal Histo John Powers Sr. has no known criminal record. John Powers Jr. has no known criminal record. David Powers has no known criminal record. Jeff Powers has a misdemeanor DWI from 1999. His criminal history indicated a DWI; however, it is listed on his driving record as careless driving. Jeff has no other criminal record. Brandi James, who serves as On Premise Manager, has a misdemeanor DWI conviction from 2007. Premises: First National Bank of the Lakes is the owner of the property. All payments are current. Record of Service Calls: There were five Public Safety/Police contacts with Lariat Lanes from October 2013 through September 2014. This compares with six contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Lariat Lanes. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Lariat Lanes Directors and Officers John Powers, Sr. John Powers, Jr. David Powers Jeff Powers President Vice President Secretary Treasurer PUBLIC SAFETY CONTACTS October 2013 through September 2014 Lariat Lanes The criminal contacts from October 2013 through September 2014 were: two incidents and two alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 6 5 CRIMINAL CONTACTS 2 4 Incidents (see bottom of page for specifics) (2) (2) Alarm (0) (2) MISC. NON -CRIMINAL 4 1 Assists (4) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: two incidents and two alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 20. STAFF REPORT NO. 237 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 1732 66th Street East. EXECUTIVE SUMMARY: On October 31, 2014, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. — Colorado, Inc. d/b/a Noodles & Company. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 1732 66th Street East. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On October 31, 2014, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. — Colorado, Inc. d/b/a Noodles & Company. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are not delinquent. Proof of liquor liability insurance coverage has been received showing Travelers Property Casualty Company of America affording the coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 99.5% of the total sales, while liquor accounted for .5% of the total sales. Environmental health staff has received no complaints regarding Noodles & Company for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Michael Zierman, General Manager ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR THE NOODLE SHOP, CO. COLORADO INC, d/b/a NOODLES & COMPANY (1732 66TH STREET EAST) Officers: Keith Joseph Kinsey, President, and Secretary Paul Allen Strasen, Vice -President Criminal History: Keith Joseph Kinsey has no known criminal history. Paul Allen Strasen has no known criminal history. Michael Zierman, who serves as the On Premise Manager, has no known criminal history. Premises: Ryan Companies US, Inc. is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were five Public Safety/Police contacts with Noodles & Company from October 2013 through September 2014. This compares with ten contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Noodles & Company. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance of renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Noodles & Company Directors and Officers Keith Joseph Kinsey President and Secretary Paul Strasen Vice President PUBLIC SAFETY CONTACTS October 2013 through September 2014 Noodles & Company The criminal contacts from October 2013 through September 2014 were: two suspicious activity and two alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 10 5 CRIMINAL CONTACTS 5 4 Incidents (see bottom of page for specifics) (4) (2) Alarm (1) (2) MISC. NON -CRIMINAL 5 1 Assists (4) (1) Traffic (0) (0) Inspections/Licensing (1) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: two suspicious activity and two alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 21. STAFF REPORT NO. 238 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 7630 Lyndale Avenue South. EXECUTIVE SUMMARY: On October 24, 2014, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 7630 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On October 24, 2014, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. — Colorado, Inc. d/b/a Noodles & Company. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are not delinquent. Proof of liquor liability insurance coverage has been received showing Travelers Property Casualty Company of America affording the coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014. The statement indicates food sales accounted for 99% of the total sales, while liquor accounted for I% of the total sales. Environmental health staff has received no complaints regarding Noodles & Company for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of on -sale wine and 3.2 percent malt liquor establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor license. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Davis Jamal Carter, On Premise Manager ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts I.Y:1►� I � I_1:TL� : � y�(r13i1�1:I�71:DI��Lt7_�YLe;i: �3sl;;�r7i]:i:a�:[�Z�]!L� SHOP, CO. COLORADO INC. d/b/a NOODLES & COMPANY (7630 LYNDALE AVENUE) Officers: Keith Joseph Kinsey, President and Secretary Paul A. Strasen, Vice President Criminal History: Keith Joseph Kinsey has no known criminal record. Paul Allen Strasen has no known criminal record. David Jamal Carter, who serves as On - Premise Manager, has a DWI citation from October 2013 and a traffic violation from July 2014. Premises: Lyndale Gateway, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were eight Public Safety/Police contacts with Noodles & Company from October 2013 through September 2014. This compares with 21 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Noodles & Company was April 13, 2007. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Noodles & Company Directors and Officers Keith Joseph Kinsey President and Secretary Paul Strasen Vice President PUBLIC SAFETY CONTACTS October 2013 through September 2014 Noodles & Company The criminal contacts from October 2013 through September 2014 were: one suspicious activity, one shoplifter, one property damage, one terroristic threat, one hit and run and one alarm. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 21 8 CRIMINAL CONTACTS 15 6 Incidents (see bottom of page for specifics) (10) (5) Alarm (5) (1) MISC. NON -CRIMINAL 6 2 Assists (0) (2) Traffic (2) (0) Inspections/Licensing (3) (0) Medical/Fire (1) (0) The criminal contacts from October 2013 through September 2014 were: one suspicious activity, one shoplifter, one property damage, one terroristic threat, one hit and run and one alarm. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 22. STAFF REPORT NO. 239 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Henry Thou d/b/a Red Pepper Chinese Restaurant, 2910 66th Street West. EXECUTIVE SUMMARY: On November 03, 2014, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Henry Thou d/b/a Red Pepper Chinese Restaurant. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Henry Thou d/b/a Red Pepper Chinese Restaurant, 2910 66th Street West. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On November 03, 2014, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Red Pepper Chinese Restaurant. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are not delinquent. Proof of liquor liability insurance coverage has been received showing Travelers affording the coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. Due to this license being a new license, this statement covers the period from May 2014 through September 2014 and indicates that there were no sales of alcoholic beverages. The establishment's license was issued on August 24, 2014 and was not fully prepared to sell alcoholic beverages until October 2014. Environmental health staff has received no complaints regarding Red Pepper Chinese Restaurant for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Henry Thou, Owner ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts. SUMMARY OF BACKGROUND INVESTIGATION FOR HENRY THOU d/b/a RED PEPPER CHINESE RESTAURANT Officer(s): Henry Thou, Owner Criminal History: Henry Thou has no known criminal record. Premises: The property is owned by DRFC Southdale Square, LLC and leased by Kiang's Red Pepper, Inc. The applicant has provided a copy of the assignment of lease transferring the lease to Henry Thou as an individual. Record of Service Calls: There were nine Public Safety/Police contacts with Red Pepper Chinese Restaurant from October 2013 through September 2014. This compares with zero contacts for the previous year, however the establishment was under prior ownership. Violations: There have been no violations for the sale of alcohol to underage youth with Red Pepper Chinese Restaurant. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distant requirements to notify neighbors of the issuance of new On - Sale Wine and 3.2 Percent Malt Liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014 RED PEPPER CHINESE RESTAURANT Directors and Officers Henry Thou Owner & On -Premise Manager ----------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2013 through September 2014 RED PEPPER CHINESE RESTAURANT The criminal contacts from October 2013 through September 2014 were: three suspicious activities. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 0 9 CRIMINAL CONTACTS 0 3 Incidents (see bottom of page for specifics) (0) (3) Alarm (0) (0) MISC. NON -CRIMINAL 0 6 Assists (0) (6) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: three suspicious activities. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 23. STAFF REPORT NO. 240 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public hearing for the consideration of the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Last Call Operating Co. II, Inc. d/b/a Champps Americana, located at the Richfield Ice Arena, 636 66th Street East. EXECUTIVE SUMMARY: On November 4, 2014, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Last Call Operating Co. II, Inc. d/b/a Champps Americana. This is for a second location at the Richfield Ice Arena and is in conjunction with the Minnesota Magicians Junior Hockey Team season. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Last Call Operating Co. II, Inc. d/b/a Champps Americana, located at the Richfield Ice Arena 636 66th Street East. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On November 04, 2014 the City received the application and other required documentation for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Last Call Operating Co. II, Inc. d/b/a Champps Americana. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Zurich American Insurance Company affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. Due to this license being a new license, this statement covers the period from March 2014 through September 2014 and indicates that food sales accounted for 28% of the total sales, while liquor accounted for 72% of sales. Alcohol sales at the Richfield Ice Arena fall under Minnesota 2014 Law Chapter 240, Section 22. There is no food to alcohol sales ratio rule for this establishment. Environmental health staff has received no complaints regarding Champps Americana, at the Richfield Ice Arena, for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending the denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statues. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. LEGAL CONSIDERATION: The requirements of Resolution No. 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Scott Larson, General Manager ATTACHMENTS: Description Type ❑ Summary of background investigation and break down of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR LAST CALL OPERATING CO. II, INC d/b/a CHAMPPS AMERICANA -RICHFIELD ICE ARENA LOCATION Officers: James Keith Zielke President, Vice -President, Treasurer Criminal History: James Keith Zielke has no known criminal record. General Manager, Scott Richard Larson has no known criminal record. Premises: The City of Richfield is the owner of the property. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were 30 Public Safety/Police contacts located at the Richfield Ice Arena from October 2013 through September 2014. It is difficult to differentiate between Champps and the ice arena in terms of which calls belonged to whom. As a result of Champps Americana at the Richfield Ice Arena only obtaining their wine license the year of 2014, there are no prior records to compare. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale to underage youth for Champps Americana located at the Richfield Ice Arena. Routine Information: On -sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on on -sale intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. CHAMPPS AMERICANA Directors and Officers James Keith Zielke President, Vice -President, Treasurer ------------------------------------------------------------------------------------------------ PUBLIC SAFETY CONTACTS October 2013 through September 2014 CHAMPPS AMERICANA The criminal contacts from October 2013 through September 2014 were: two damage to property, six suspicious activity, one disturbance, four thefts, one accident and three alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS (0) 30 CRIMINAL CONTACTS 0 17 Incidents (see bottom of page for specifics) (0) (14) Alarm (0) (3) MISC. NON -CRIMINAL 0 13 Assists (0) (4) Traffic (0) (9) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: two damage to property, six suspicious activity, one disturbance, four thefts, one accident and three alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 24. STAFF REPORT NO. 241 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc. d/b/a Frenchman's, 1400 66th Street East. EXECUTIVE SUMMARY: On October 31, 2014, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc. d/b/a Frenchman's. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. This agenda item is the first request out of nine for the renewal on On -Sale Intoxicating and Sunday liquor licenses. Of the remaining eight, if no Council member objects, the Council may conduct a single public hearing for all of the licenses approvals and may pass all of the resolutions with a single motion. If a single/individual public hearing is called, the Mayor should require each speaker to identify the particular license to which the person is speaking. Any Council member may request that the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc. d/b/a Frenchman's, 1400 66th Street East. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On October 31, 2014, the City received the application and other required documents for On -Sale Intoxicating and Sunday liquor licenses for Frenchman's. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been received showing Illinois Casualty affording coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 54% of the total sales, while liquor accounted for 46% of the total sales. Environmental health staff has received no complaints regarding Frenchman's for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The On -Sale Intoxicating and Sunday liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Mary Christine Blake, Owner ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FRENCHMAN'S PUB, INC. d/b/a FRENCHMAN'S Officers: Mary Christine Blake, Owner Criminal History: Mary Christine Blake has a felony drug conviction from 1996, a DWI in 1999, a DWI in 2004, a fifth degree drug conviction in 2005 and a first degree DWI in 2007. Brant Ostlund, who serves as the On Premise Manager, has a DWI from 2008. Premises: Mary Blake is the owner of the property and Venture Bank in Bloomington is the Mortgage Company. All payments are current. Record of Service Calls: There were 32 Public Safety/Police contacts with Frenchman's from October 2013 through September 2014. This compares with 44 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Frenchman's was June 8, 2004. Routine Information: On -Sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on On -Sale Intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Mary Christine Blake Frenchman's Directors and Officers Owner PUBLIC SAFETY CONTACTS October 2013 through September 2014 Frenchman's The criminal contacts from October 2013 through September 2014 were: one drunkenness, one theft, one property damage, four disturbances, one accident, three customer troubles, two hit and runs, one theft from auto, one drug related, one person with gun and six alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 44 32 CRIMINAL CONTACTS 24 22 Incidents (see bottom of page for specifics) (22) (16) Alarm (2) (6) MISC. NON -CRIMINAL 20 10 Assists (14) (8) Traffic (5) (2) Inspections/Licensing (0) (0) Medical/Fire (1) (0) The criminal contacts from October 2013 through September 2014 were: one drunkenness, one theft, one property damage, four disturbances, one accident, three customer troubles, two hit and runs, one theft from auto, one drug related, one person with gun and six alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 25. STAFF REPORT NO. 242 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses for Paisan Incorporated, d/b/a Khan's Mongolian Barbeque, 500 78th Street East. EXECUTIVE SUMMARY: On November 12, 2014, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday liquor licenses, for Paisan Incorporated, d/b/a Khan's Mongolian Barbeque. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses for Paisan Incorporated d/b/a Khan's Mongolian Barbeque, 500 78th Street East. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On November 12, 2014, the City received the application and other required documents for On -Sale Intoxicating and Sunday liquor licenses for Khan's Mongolian Barbeque. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. • Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been received showing State Auto P&C affording coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 94% of the total sales, while liquor accounted for 6% of the total sales. Environmental health staff has received no complaints regarding Khan's Mongolian Barbeque for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The On -Sale Intoxicating and Sunday liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain On -Sale Intoxicating and Sunday liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Mitchell Law, Owner ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR KHAN'S MONGOLIAN BARBEQUE Officers: Paisan Shieh Law, President, Secretary Mitchell Wellington Law, Vice President, Treasurer Criminal History: Paisan Law has a DWI conviction from 2006. Mitchell Law, who also serves as the On Premise Manager, has a DWI conviction from 2010. Premises: The property is owned by Roy A Bogen. The lease between the property owner and the applicant is in effect with all payments current. Record of Service Calls: There were eight Public Safety/Police contacts with Khan's Mongolian Barbeque from October 2013 through September 2014. This compares with three contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth for Khan's Mongolian Barbeque was on September 30, 2005. Routine Information: On -Sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on On -Sale Intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Khan's Mongolian Barbeque Directors and Officers Paisan Shieh Law President, Secretary Mitchal Wellington Law Vice -President and Treasurer PUBLIC SAFETY CONTACTS October 2013 through September 2014 Khan's Mongolian Barbeque The criminal contacts from October 2013 through September 2014 were: one theft, and one disturbance and five alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 3 8 CRIMINAL CONTACTS 2 7 Incidents (see bottom of page for specifics) (1) (2) Alarm (1) (5) MISC. NON -CRIMINAL 1 1 Assists (0) (0) Traffic (1) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: one theft, and one disturbance and five alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 26. STAFF REPORT NO. 243 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with outside service, and with the optional 2 a.m. closing, for Pizza Luce VII, Inc. d/b/a Pizza Luce, 800 66th Street West. EXECUTIVE SUMMARY: On October 15, 2014, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday liquor licenses, with outside service, and the optional 2 a.m. closing, for Pizza Luce VII, Inc. d/b/a Pizza Luce. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with outside service, and the optional 2 a.m. closing, for Pizza Luce VII, Inc. d/b/a Pizza Luce, 800 66th Street West. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On October 15, 2014, the City received the application and other required documents for On -Sale Intoxicating and Sunday liquor licenses, with outside service, and with the optional 2 a.m. closing, for Pizza Luce. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been received showing Mid -Century Insurance Company affording coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 81 % of the total sales, while liquor accounted for 19% of the total sales. Environmental health staff has received no complaints regarding Pizza Luce for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Intoxicating and Sunday liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain On -Sale Intoxicating and Sunday liquor licenses, with outside seating, and the optional 2 a.m. closing. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Michael Brundage, General Manager ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PIZZA LUCE VII, INC. d/b/a PIZZA LUCE Officers: Joseph Bernard Baier, President Scott Herbert Nelson, Secretary Laura Jayne Hansen, Chief Operating Officer Julie Jon Haywood, Chief Executive Officer Criminal Histo Joseph Baier has no known criminal record. Scott Nelson has no known criminal record. Laura Hansen has no known criminal record. Julie Haywood has no known criminal record. Michael Brundage, who serves as On Premise Manager, has no known criminal record. Premises: The property is owned by JBB Properties, LLC, associated with Joseph Bernard Baier. This site was purchased outright and there is no mortgager. Record of Service Calls: There were 39 Public Safety/Police contacts with Pizza Luce VII, Inc. from October 2013 through September 2014. This compares with 31 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale of alcohol to underage youth for Pizza Luce VI I, Inc. Routine Information: On -Sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Intoxicating and Sunday liquor sales, with outside seating and the optional 2 a.m. closing. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Pizza Luce Directors and Officers Joseph Bernard Baier President/Chief Manager Laura Jayne Hansen Vice -President Scott Herbert Nelson Vice -President Julie Jon Haywood Secretary, Treasurer PUBLIC SAFETY CONTACTS October 2013 through September 2014 Pizza Luce The criminal contacts from October 2013 through September 2014 were: four suspicious activity, two disturbances, three DWI's, two hit and runs, one accident, one fraud, one customer trouble, one auto theft, one warrant arrest, one drunkenness and four alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 31 39 CRIMINAL CONTACTS 19 21 Incidents (see bottom of page for specifics) (15) (17) Alarm (4) (4) MISC. NON -CRIMINAL 12 18 Assists (1) (10) Traffic (10) (8) Inspections/Licensing (1) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: four suspicious activity, two disturbances, three DWI's, two hit and runs, one accident, one fraud, one customer trouble, one auto theft, one warrant arrest, one drunkenness and four alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 27. STAFF REPORT NO. 244 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with the optional 2 a.m. closing, for Last Call Operating Co. II, Inc. d/b/a Champps Americana, 790 West 66th Street. EXECUTIVE SUMMARY: On November 04, 2014, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday liquor licenses, with the optional 2 a.m. closing, for Last Call Operating Co. II, Inc. d/b/a Champps Americana. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with the optional 2 a.m. closing, for Last Call Operating Co. II, Inc. d/b/a Champps Americana, 790 West 66th Street. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On November 04, 2014, the City received the application and other required documents for On -Sale Intoxicating and Sunday liquor licenses, with the optional 2 a.m. closing, for Champps Americana. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been received showing Zurich American Insurance Company affording coverage. Worker's compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 64% of the total sales, while liquor accounted for 36% of the total sales. Environmental health staff has received no complaints regarding Champps Americana for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Intoxicating and Sunday liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Scott Larson, On Premise Manager ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR LAST CALL OPERATING CO. II, INC d/b/a CHAMPPS AMERICANA Officers: James Keith Zielke President, Vice -President, Treasurer Criminal History: James Keith Zielke has no known criminal record. General Manager, Scott Richard Larson has no known criminal record. Premises: Market Plaza Commercial LTD., c/o G & P Properties, Inc. is the owner of the property. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were 28 Public Safety/Police contacts with Champps Americana from October 2013 through September 2014. This compares with 29 contacts for the previous year, however this record includes contacts that occurred while under prior owners. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Champps was April 3, 2008, which occurred while under previous ownership. Routine Information: On -Sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on On -Sale Intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. CHAMPPS AMERICANA Directors and Officers James Keith Zielke President, Vice -President, Treasurer ------------------------------------------------------------------------------------------------ PUBLIC SAFETY CONTACTS October 2013 through September 2014 CHAMPPS AMERICANA The criminal contacts from October 2013 through September 2014 were: two disturbances, three drunkenness, one suspicious activity, one accident, six thefts, one unwanted guest and two DWI's. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 29 28 CRIMINAL CONTACTS 15 16 Incidents (see bottom of page for specifics) (15) (16) Alarm (0) (0) MISC. NON -CRIMINAL 14 12 Assists (3) (3) Traffic (8) (8) Inspections/Licensing (0) (0) Medical/Fire (3) (1) The criminal contacts from October 2013 through September 2014 were: two disturbances, three drunkenness, one suspicious activity, one accident, six thefts, one unwanted guest and two DWI's. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 28. STAFF REPORT NO. 245 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses for Financial Guidance, Inc. d/b/a Four Points by Sheraton, 7745 Lyndale Avenue South. EXECUTIVE SUMMARY: On October 28, 2014, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday liquor licenses for Financial Guidance, Inc. d/b/a Four Points by Sheraton. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses for Financial Guidance, Inc. d/b/a Four Points by Sheraton, 7745 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On October 28, 2014, the City received the application and other required documents for On -Sale Intoxicating and Sunday liquor licenses for Four Points by Sheraton. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. • Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been received showing Allied Mutual affording coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 76% of the total sales, while liquor accounted for 24% of the total sales. Environmental health staff has received no complaints regarding Four Points by Sheraton for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The On -Sale Intoxicating and Sunday liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain On -Sale Intoxicating and Sunday liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Adam Selby, On Premise Manager ATTACHMENTS: Description Type Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FINANCIAL GUIDANCE, INC. d/b/a FOUR POINTS by SHERATON Officers: James Dean Flannery, President Taylor James Flannery, Vice -President Criminal History: James Flannery has no known criminal record. Taylor Flannery has a prior misdemeanor DWI conviction from 2001. Adam Selby, who serves as the On Premise Manager, has no known criminal record. Premises: The property is owned by First International Bank. The lease between the property owner and the applicant is in effect with all payments current. Record of Service Calls: There were 54 Public Safety/Police contacts with Four Points by Sheraton from October 2013 through September 2014. This compares with 41 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale of alcohol to underage youth for Four Points by Sheraton. Routine Information: On -Sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on On -Sale Intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Four Points by Sheraton Directors and Officers James Dean Flannery President Taylor James Flannery Vice -President and Treasurer --------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2013 through September 2014 Four Points by Sheraton The criminal contacts from October 2013 through September 2014 were: two suspicious activity, one disturbance, two trespass, one theft from auto, two terroristic threats, one hit and run, two thefts, two drug related, two customer trouble, one damage to property and one warrant arrest. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 41 54 CRIMINAL CONTACTS 35 17 Incidents (see bottom of page for specifics) (35) (17) Alarm (0) (0) MISC. NON -CRIMINAL 6 37 Assists (5) (30) Traffic (0) (5) Inspections/Licensing (0) (0) Medical/Fire (1) (2) The criminal contacts from October 2013 through September 2014 were: two suspicious activity, one disturbance, two trespass, one theft from auto, two terroristic threats, one hit and run, two thefts, two drug related, two customer trouble, one damage to property and one warrant arrest. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 29. STAFF REPORT NO. 246 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue South. EXECUTIVE SUMMARY: On November 03, 2014, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday liquor licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On November 03, 2014, the City received the application and other required documents for On -Sale Intoxicating and Sunday liquor licenses, with outside service, for Houlihan's Restaurant & Bar. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been received showing Liberty Mutual Insurance Company affording coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 67% of the total sales, while liquor accounted for 33% of the total sales. Environmental health staff has received no complaints regarding Houlihan's Restaurant & Bar for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Intoxicating and Sunday liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain On -Sale Intoxicating and Sunday liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Andrew Sonn, General Manager ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR WILTSHIRE RESTAURANTS, LLC d/b/a HOULIHAN'S RESTAURANT & BAR Officers - Paul Smith Kirwin, President Criminal History: Paul Smith Kirwin has no known criminal record. Andrew Sonn, who serves as the General Manager, has no known criminal record. Premises: Cushman and Wakefield is the owner of the property. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were 28 Public Safety/Police contacts with Houlihan's Restaurant & Bar from October 2013 through September 2014. This compares with 61 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Houlihan's was July 16, 2001. Routine Information: On -Sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on On -Sale Intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. HOULIHAN'S RESTAURANT & BAR Directors and Officers Paul Smith Kirwin President PUBLIC SAFETY CONTACTS October 2013 through September 2014 Houlihan's Restaurant & Bar The criminal contacts from October 2013 through September 2014 were: three hit and runs, one DWI, four thefts, six suspicious activities, two drunkenness, and one customer trouble. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 61 28 CRIMINAL CONTACTS 32 17 Incidents (see bottom of page for specifics) (28) (17) Alarm (4) (0) MISC. NON -CRIMINAL 29 11 Assists (24) (3) Traffic (3) (1) Inspections/Licensing (0) (0) Medical/Fire (2) (7) The criminal contacts from October 2013 through September 2014 were: three hit and runs, one DWI, four thefts, six suspicious activities, two drunkenness, and one customer trouble. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 30. STAFF REPORT NO. 247 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for EI Tejaban Mexica Grill, LLC d/b/a EI Tejaban Mexican Restaurant, 6519 Nicollet Avenue South. EXECUTIVE SUMMARY: On November 10, 2014, the City received the application and other required documents for the renewal of On - Sale Intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for EI Tejaban Mexica Grill, LLC d/b/a EI Tejaban Mexican Restaurant. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for EI Tejaban Mexica Grill, LLC d/b/a EI Tejaban Mexican Restaurant, 6519 Nicollet Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On November 10, 2014, the City received the application and other required documents for On -Sale Intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for EI Tejaban Mexican Restaurant. The applicant has satisfied the following requirements for the issuance of a license: • The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been provided showing Farmers Insurance Exchange affording the coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. Due to this being a new license, this statement covers the period from July 2014 through September 2014, and indicates that food sales accounted for 86% of the total sales, while liquor accounted for 14% of the total sales. Environmental health staff has received no complaints regarding EI Tejaban Mexican Restaurant for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The On -Sale Intoxicating and Sunday liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Miguel Hernandez, Owner ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR EL TEJABAN MEXICA GRILL, LLC d/b/a EL TEJABAN MEXICAN RESTAURANT Officers: Miguel Hernandez, Owner Rosa Zambrano, Owner Criminal History: Miguel Hennandez has a disorderly conduct from 2011. Miguel also serves as the on -premise manager of the restaurant. Rosa Zambrano has no known criminal record. Premises: Centro Bradley SPE, LLC is the owner of the property. The lease between the property owner and the applicant is in effect with all payments current. Record of Service Calls: There were 11 Public Safety/Police contacts with EI Tejaban from October 2013 through September 2014. Because this is a new location that recently opened in July 2014 there are no records to compare. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth for EI Tejaban Mexican Restaurant. Routine Information: On -Sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. EI Tejaban Mexican Restaurant Miguel Hernandez Rosa Zambrano Directors and Officers Owner Owner PUBLIC SAFETY CONTACTS October 2013 through September 2014 EI Tejaban Mexican Restaurant The criminal contacts from October 2013 through September 2014 were: one threat, one drunkenness, three disturbances, one weapon, one theft and one suspicious activity. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 0 11 CRIMINAL CONTACTS 0 8 Incidents (see bottom of page for specifics) (0) (8) Alarm (0) (0) MISC. NON -CRIMINAL 0 3 Assists (0) (2) Traffic (0) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: one threat, one drunkenness, three disturbances, one weapon, one theft and one suspicious activity. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 31. STAFF REPORT NO. 248 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses for Don Pablo's Operating, LLC d/b/a Don Pablo's, 980 78th Street West. EXECUTIVE SUMMARY: On October 30, 2014, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday liquor licenses for Don Pablo's Operating Corporation d/b/a Don Pablo's. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses for Don Pablo's Operating Corporation d/b/a Don Pablo's, 980 781th Street West. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On October 30, 2014, the City received the application and other required documents for On -Sale Intoxicating and Sunday liquor licenses for Don Pablo's. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. • Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been received showing Liberty Mutual Fire affording the coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2013 through September 2014, and indicates that food sales accounted for 77% of the total sales, while liquor accounted for 23% of the total sales. Environmental health staff has received no complaints regarding Don Pablo's for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The On -Sale Intoxicating and Sunday liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): . The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain On -Sale Intoxicating and Sunday liquor licenses. . Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Ehrick Holland, On Premise Manager ATTACHMENTS: Description Type Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR DON PABLO'S OPERATING, LLC d/b/a DON PABLO'S Officers - Allen Jones, President Jason Kemp, Secretary Larry Harris, Chairman Criminal History: Allen Jones has no known criminal record. Jason Kemp has no known criminal record. Larry Harris has no known criminal record. Ehrick Holland, who serves as the On -Premise Manager, has no known criminal record. Premises: The property is owned by CSM Investors, Inc. The lease between the property owner and the applicant is in effect with all payments current. Record of Service Calls: There were 21 Public Safety/Police contacts with Don Pablo's from October 2013 through September 2014. This compares with 26 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth for Don Pablo's was on October 5, 2006. Routine Information: On -Sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on On -Sale Intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014. Don Pablo's Directors and Officers Allen Jones President Jason Kemp Secretary Larry Harris Chairman PUBLIC SAFETY CONTACTS October 2013 through September 2014 Don Pablo's The criminal contacts from October 2013 through September 2014 were: two thefts, one accident, one hit and run, one suspicious activity, one domestic and two alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 26 21 CRIMINAL CONTACTS 20 8 Incidents (see bottom of page for specifics) (10) (6) Alarm (10) (2) MISC. NON -CRIMINAL 6 13 Assists (4) (8) Traffic (2) (5) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: two thefts, one accident, one hit and run, one suspicious activity, one domestic and two alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 32. STAFF REPORT NO. 249 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director N/A Steven L. Devich Public Hearing for the consideration of the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses for Lyn 65, LLC d/b/a Lyn 65 Kitchen & Bar, 6439 Lyndale Avenue South. EXECUTIVE SUMMARY: On November 04, 2014, the City received the application and other required documents for the renewal of On - Sale Intoxicating and Sunday liquor licenses for Lyn 65, LLC d/b/a Lyn 65 Kitchen & Bar. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2015 On -Sale Intoxicating and Sunday liquor licenses, for Lyn 65, LLC d/b/a Lyn 65 Kitchen & Bar, 6439 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: On November 04, 2014 the City received the application and other required documents for On -Sale Intoxicating and Sunday liquor licenses for Lyn 65 Kitchen & Bar. The applicant has satisfied the following requirements for the issuance of a license: The required license fees have been paid. • Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been received showing Ohio Security affording the coverage. Workers' compensation insurance has also been supplied. An accountant's statement has been prepared and submitted. Due to this license being a new license, this statement covers the period from August 2014 through September 2014, and indicates that food sales accounted for 60% of the total sales, while liquor accounted for 40% of the total sales. Environmental health staff has received no complaints regarding Lyn 65 Kitchen & Bar for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The On -Sale Intoxicating and Sunday liquor licenses will expire on December 31, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday liquor license establishments to comply with all of the provisions of both City Code and State Statutes. c. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday liquor licenses. Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Bruce Hinks, Owner ATTACHMENTS: Description Type ❑ Summary of background investigation and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION FOR LYN 65, LLC, d/b/a LYN 65 KITCHEN & BAR Officers: Bruce Hinks, President Ken Clark, Vice -President Ben Rients, Secretary Criminal Histories: Bruce Hinks has no known criminal record. Ken Clark has no known criminal record. In 2005, Ben Rients was charged with a misdemeanor for DWI. Premises: The property is owned by the applicants with a mortgage for the property. The mortgage company on record is Stancorp Mortgage Investors. Record of Service Calls: There were nine Public Safety/Police contacts with Lyn 65 from October 2013 through September 2014. Because Lyn 65 only recently opened in 2014 there are no prior records to compare. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth for Lyn 65. Routine Information: On -Sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance of renewal of On -Sale Intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 20, 2014 Lyn 65 Kitchen & Bar Directors and Officers Bruce Hinks President Ken Clark Vice -President Ben Rients Secretary PUBLIC SAFETY CONTACTS October 2013 through September 2014 Lyn 65 The criminal contacts from October 2013 through September 2014 were: one burglary and two alarms. (Numbers in parenthesis are included in total contact figures) 2013 2014 TOTAL CONTACTS 0 9 CRIMINAL CONTACTS 0 3 Incidents (see bottom of page for specifics) (0) (1) Alarm (0) (2) MISC. NON -CRIMINAL 0 6 Assists (0) (6) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2013 through September 2014 were: one burglary and two alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PROPOSED ORDINANCES AGENDA ITEM # 33. STAFF REPORT NO. 250 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director John Stark, Community Development Director Steven L. Devich Consideration of the second reading of an ordinance increasing the number of On -Sale Wine licenses in the City from twelve (12) to seventeen (17). EXECUTIVE SUMMARY: Current City code states that we can issue up to twelve (12) On -Sale Wine licenses. The City currently has a total of ten (10) of this type of license issued. As a result, staff is proactively requesting an increase of this type of license due to anticipated growth in future business developments that will likely increase the number of licenses needed in order to facilitate new business as early as late 2014 or 2015. The number of On -Sale Wine licenses is not controlled by the State. Therefore, the State has no objection to the number being increased. The first reading of this ordinance amendment was heard by the City Council on November 10, 2014. RECOMMENDED ACTION: By motion: Approve the second reading of an ordinance increasing the number of On -Sale Wine licenses in the City from twelve (12) to seventeen (17) BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: A study session discussion occurred in June of 1999 with the City Council concerning the increasing of On -Sale Wine licenses. Some time after that session, the number of On -Sale Wine licenses was increased to its current level of twelve (12). Also at that time, discussions with staff in the Community Development Department regarding future redevelopment projects in the City and how those projects will impact alcohol licensing needs in the future drove the need for a discussion with the City Council regarding increasing the number of licenses allowed in the City Code. That same issue is currently driving a request to consider proactively increasing the number of On -Sale Wine licenses from twelve (12) to seventeen (17) at this time. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): The number of On -Sale Wine licenses is not controlled by the State. Therefore, the State has no objection to the number of them being increased. The only liquor license category that the State does control is the number of On -Sale Intoxicating licenses a City may have. The City currently still has enough room in that category and are not not requesting that this category be increased. Current code allows for up to fifteen (15) On -Sale Intoxicating liquor licenses and the City only has nine (9) currently being used so there is currently no need to increase the licenses in that category. c. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: The City Attorney has reviewed the attached ordinance and approves of its contents. ALTERNATIVE RECOMMENDATION(S): The Council could decide not to increase the number of On -Sale Wine licenses which at some point would mean that no additional new licenses would be available for new business development. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type d Wine License Increase Ordinance BILL NO. AN ORDINANCE INCREASING THE NUMBER OF ON -SALE WINE LICENSES AVAILABLE TO BE ISSUED THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1202.05 of the Richfield City Code is amended as follows: Subd. 3 Types of licenses. The following types of licenses will be issued by the City: (d) Wine (1) On -sale wine licenses may be issued to restaurants. (2) No more than 42 17 wine licenses may be issued. Sec. 2. This ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this 9t" day of December, 2014. Debbie Goettel, Mayor /_IaION9 Nancy Gibbs, City Clerk REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PROPOSED ORDINANCES AGENDA ITEM # 34. STAFF REPORT NO. 251 CITY COUNCIL MEETING 12/9/2014 Betsy Osborn, Support Services Manager Jay Henthorne, Public Safety Director John Stark, Community Development Director Steven L. Devich Consideration of the second reading of an ordinance increasing the number of On -Sale 3.2 Percent Malt Liquor licenses in the City from fifteen (15) to twenty (20). EXECUTIVE SUMMARY: Current City Code states that the City can issue up to fifteen (15) On -Sale 3.2 Percent Malt Liquor licenses. The City currently has a total of thirteen (13) of this type of license issued. As a result, staff is proactively requesting an increase of this type of license due to anticipated growth in future business developments that will likely increase the number of licenses needed in order to facilitate new business as early as late 2014 or 2015. The number of On -Sale 3.2 Percent Malt Liquor licenses is not controlled by the State. Therefore, the State has no objection to the number being increased. The first reading of this ordinance amendment was heard by the City Council on November 10, 2014. RECOMMENDED ACTION: By Motion: Approve the second reading of an ordinance increasing the number of On -Sale 3.2 Percent Malt Liquor licenses in the City from fifteen (15) to twenty (20). BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: A study session discussion occurred in June of 1999 with the City Council concerning the increasing of On -Sale 3.2 Percent Malt Liquor licenses. Some time after that session the number of On -Sale 3.2 Percent Malt Liquor licenses was increased to its current level of fifteen (15). Also at that time, discussions with staff in the Community Development Department regarding future redevelopment projects in the City and how those projects will impact alcohol licensing needs in the future drove the need for a discussion with the City Council regarding increasing the number of licenses allowed in the City Code. That same issue is currently driving a request to consider proactively increasing the number of On -Sale 3.2 Percent Malt Liquor licenses from fifteen (15) to twenty (20) at this time. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): The number of On -Sale 3.2 Percent Malt Liquor licenses is not controlled by the State. Therefore, the State has no objection to the number being increased. The only liquor license category that the State does control is the number of on -sale intoxicating licenses a City may have. The City currently still has enough room in that category and are not requesting that this category be increased. Current code allows for up to fifteen (15) on -sale intoxicating liquor licenses and we only have nine (9) currently being used so there is currently no need to increase the licenses in their category. C. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: The City Attorney has reviewed the attached ordinance and approves of its contents. ALTERNATIVE RECOMMENDATION(S): The Council could decide not to increase the number of On -Sale 3.2 Percent Malt Liquor licenses which at some point would mean that no additional new licenses would be available for new business development. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D 3.2 Increase Licenses Ordinance BILL NO. AN ORDINANCE INCREASING THE NUMBER OF 3.2 PERCENT MALT LIQUOR LICENSES AVAILABLE TO BE ISSUED THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1202.05 of the Richfield City Code is amended as follows: Subd 3. Types of licenses. The following types of licenses will be issued by the City: (a) 3.2 percent malt liquor. (1) On -Sale. The City may issue on -sale licenses to restaurants, hotels, clubs and establishments having food licenses, provided that no 3.2 percent malt liquor manufacturer or wholesaler has any interest in such business. No more than 45 20 on -sale licenses will be issued. Sec. 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter Passed by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: PROPOSED ORDINANCES AGENDA ITEM # 35. STAFF REPORT NO. 252 CITY COUNCIL MEETING 12/9/2014 Melissa Poehlman, City Planner John Stark, Community Development Director N/A Steven L. Devich Consideration of the second reading of an amendment to the City's Zoning Ordinance. The proposed amendment will add "municipal parking lots" to the list of permitted uses in the Penn Avenue Corridor Overlay District. Consideration of a resolution to allow summary publication of the proposed ordinance amendment. EXECUTIVE SUMMARY: Over the past few years, parking in the Penn Avenue Corridor Overlay District (Penn Avenue from approximately Highway 62 to 67th Street) has been a near -constant issue. Parking is not generally permitted as a primary or sole use in any district in the City; however, the unique characteristics of the Penn Avenue Corridor make this an option that the City may want to consider in the future. There are no current plans for a municipal parking lot on Penn Avenue. RECOMMENDED ACTION: By motion: 1. Approve the second reading of the attached ordinance amending Subsection 541.21, Subdivision 3 of the Richfield City Code to allow municipally -owned parking lots in the Penn Avenue Corridor Overlay District. 2. Approve a resolution authorizing summary publication of an ordinance amending Richfield City Code Subsection 541.21, Subdivision 3 related to municipally -owned parking lots in Penn Avenue Corridor Overlay District. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: Discussed above. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. • The proposed amendment is in keeping with the Penn Avenue Master Revitalization Plan. • In instances where the full text of an amendment is cumbersome and the expense of publication of the full text is not justified, the City is permitted to publish a summary of the approved text. c. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None LEGAL CONSIDERATION: • A public hearing was held before the Planning Commission on October 27, 2014. • Notice of the public hearing was published in the Sun Current newspaper in accordance with State and Local requirements. • The Planning Commission recommended approval of the proposed amendment (7-0). • First reading of this ordinance was approved by the Council on November 11, 2014. ALTERNATIVE RECOMMENDATION(S): • Reject the proposed ordinance. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D Ordinance Ordinance D Resolution Resolution Letter BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 541.21, SUBDIVISION 3 RELATED TO MUNICPAL PARKING LOTS IN THE PENN AVENUE CORRIDOR OVERLAY DISTRICT THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 541.21, Subdivision 3 of the Richfield City Code is amended to read as follows: Subd. 3. Applicable regulations. The regulations of the underlying Mixed -Use Community (MU -C) District shall apply with the following additions and exceptions: a) Uses. All permitted, accessory, conditional and interim uses allowed in the MU -C District are allowed in the PAC District with the following additions, qualifications and/or exceptions: Table 1 Uses in the Penn Avenue Corridor Overlay District Note — The following abbreviations are used within the use table: P = Permitted use A = Accessory use C = Conditionally permitted N = Not permitted Use PAC Regional retail services P Auto mechanical or body repair shops N Auto detailing N Dwelling, townhouse (min. density 6 du/acre P Dwelling, multifamily (min. density 6 du/acre) P Live -work units (min. density 6 du/acre) P Transit facilities or municipal parking lots P b) Uses not listed. Any land use not listed as Permitted, Accessory or Conditional in this subsection or other referenced subsections is prohibited in the Penn Avenue Corridor Overlay District unless the use is found to be substantially similar to a use listed, as determined by the City in accordance with Subsection 509.23 of this Code. c) Conditional uses. All conditions applicable in the MU -C District, as found in Subsection 537.05 of this code, apply in the PAC District with the following additions, qualifications and/or exceptions: (i) Restaurant Class III or Drive -Up Window Teller Service. In addition to the rules governing drive -up window or teller service in the underlying MU -C District, a minimum distance of 150 feet must be maintained between such facilities in the PAC District (as measured from property line to property line). d) Bulk and dimensional standards. All bulk and dimensional standards applicable in the MU -C District, as found in Subsection 537.07 of this code, shall apply in the PAC District with the following additions, qualifications and/or exceptions: (i) The minimum two-story building requirement prescribed in Table 2 of Subsection 537.07 does not apply within the PAC District. (ii) The maximum number of building stories in the PAC District shall be eight (8) stories. (iii) A mix of uses, as prescribed by Subsection 537.07, Subd. 2(b) is not required within the PAC District. e) Other Performance Standards. All additional performance standards applicable in the MU -C District, as found in Subsection 537.11 of this code, shall apply in the PAC District with the following additions, qualifications and/or exceptions: (i) The above -ground parking ramps orientation requirement described by Subsection 537.11, Subd. 6(d) does not apply in the PAC District. (ii) The open space requirement described by Subsection 537.11, Subd. 8 does not apply in the PAC District. Sec. 2 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING SUBSECTION 541.21, SUBDIVISION 3 OF THE RICHFIELD CITY CODE TO ALLOW MUNICIPALLY -OWNED PARKING LOTS IN THE PENN AVENUE CORRIDOR OVERLAY DISTRICT WHEREAS, the City has adopted the above referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE AMENDING SUBSECTION 541.21, SUBDIVISION 3 OF THE RICHFIELD CITY CODE TO ALLOW MUNICIPALLY -OWNED PARKING LOTS IN THE PENN AVENUE CORRIDOR OVERLAY DISTRICT This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance will now permit municipally -owned parking lots as a primary or sole use in the Penn Avenue Corridor Overlay District. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 36. STAFF REPORT NO. 253 CITY COUNCIL MEETING 12/9/2014 Jeff Pearson, Transportation Engineer Mike Eastling, Public Works Director N/A Steven L. Devich Consideration of resolutions supporting design concepts and proposed variances recommended for the reconstruction of 66th Street. EXECUTIVE SUMMARY: At their November 5, 2014 meeting, the Transportation Commission unanimously recommended the following for the 66th Street reconstruction project: . Concept 4B design between 1-35W and Oliver Avenue. . A Transition design between Oliver Avenue and Penn Avenue. . Concept 3 design for the segment between Penn Avenue and Xerxes Avenue. The concepts were then presented at the November 13 Project Open House as the recommended concepts for the respective segments of west 66th Street between 1-35W and Xerxes Avenue. 1-35W (Girard) to Oliver Avenue: Concept #4113 The Concept #4B includes the following design elements to address the identified project goals: Left -turn lanes (Vehicle Safety) . Medians (Vehicle and Pedestrian Safety) . Boulevards (Pedestrian Safety and Maintenance) . Cycle Tracks (Bicycle Safety) . Sidewalks (Pedestrian Safety) The segment of 66th Street between 1-35W (Girard) and Penn Avenue is the narrowest segment of 66th Street within the City. As a result, the right-of-way impacts associated with the recommended design are significant and requires the purchase of 18 properties. The impacted properties are highlighted in the attached graphics and are all residential properties. Property owners of these parcels as well as the residents adjacent to them have been directly contacted as part of the design process and are aware of the potential impacts. Oliver Avenue to Penn Avenue Transition The Transition design includes the following design elements to address the identified project goals: Left -turn lanes (Vehicle Safety) . Medians (Vehicle and Pedestrian Safety) Boulevards (Pedestrian Safety and Maintenance) Multi -Purpose Trails on each side of roadway (Pedestrian and Recreational Bicyclist Safety) The segment of 66th Street between Oliver Avenue and Penn Avenue currently includes a left turn lane and a median. Therefore, by using the Transition design in this area, project goals could be met while minimizing or eliminating significant impacts to the adjacent commercial properties. Property owners of these parcels have been engaged into the design process and are aware of the potential impacts of the various concepts. Penn Avenue to Xerxes Avenue: Concept #3 The Concept #3 includes the following design elements to address the identified project goals: . Left -turn lanes (Vehicle Safety) . Medians (Vehicle and Pedestrian Safety) . Boulevards (Pedestrian Safety and Maintenance) . Multi -Purpose Trail (Pedestrian and Recreational Bicyclist Safety) . Sidewalk (Pedestrian Safety) The segment of 66th Street between Penn Avenue and Xerxes Avenue was widened as part of a previous project. Therefore, adequate right-of-way exists to complete a number of the project goals with minimal property impacts. The impacted properties are highlighted in the attached graphics and include a mix of commercial and residential properties. Property owners of these parcels have been engaged into the design process and should be aware of the potential impacts. Design Variance Process One potential method of reducing property impacts in the segment between Penn Avenue and Xerxes Avenue is to apply for a number of design variances from the State Variance Committee. Specifically, the County has requested the following: 1.5' curb reaction distance instead of the 2.0' standard. . Vehicle lane widths of 10.5' (outside) and 10.8' (inside) instead of the 11.0' standard. . Multi-purpose trail shoulder/clear zone of 0.5' instead of the 2.0' standard. If all variances are successfully granted, property impacts in this segment would be greatly reduced and in many areas be only temporary for construction. To meet critical deadlines, Hennepin County has already applied for the variances and is seeking the City's support in the form of the attached resolution. City staff concurs with the Transportation Commission recommendation and will present an overview of the following information at the meeting: . Project Process . Project Goals . Concepts Evaluated . Concept #413 Preliminary Layout (1-35W to Penn Ave) . Concept #3 Preliminary Layout (Penn Ave to Xerxes Ave) . Right -of -Way Impacts . Possible Design Variances RECOMMENDED ACTION: By Motion: 1. As recommended by the Transportation Commission, adopt a resolution granting approval of County State Aid Highway (CSAH) 53 Preliminary Layout Low Impact Concept (Concept 3) (Xerxes Avenue to Penn Avenue) and Preliminary Layout Concept 4B (Penn Ave to Girard Avenue) Hennepin County Project No. 1011 (66th Street) 2. Adopt a resolution supporting Hennepin County in seeking a variance from the Minnesota Department of Transportation (MNDOT) for design of curb reaction distance, lane width and bicycle path clear zone for County State Aid Highway (CSAH) 53 Preliminary Layout - Low Impact (West of Penn Avenue) Hennepin County Project No. 1011 (66th Street) BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: Layout Options The Transportation Commission prepared for the preliminary design process in January 2013 by creating a community based Guiding Principles document that is to be used for all upcoming street reconstruction projects. Based on comments and feedback from the first public open house as well as existing approved planning documents such as the Richfield Complete Streets Policy and the Arterial Road Study, the following project goals were developed: o Pedestrian — Improve pedestrian experience both along and across the roadways o Transit — Improve passenger waiting experience, building on pedestrian safety o Recreational Bicycling — Provide space comfortable for recreational bicyclists o Commuter Bicycling — Provide dedicated space for commuter bicyclists o Vehicle Safety — Provide center turn lane to minimize conflicts and narrow lanes to reduce speeds o Environment — Add green boulevards o Maintenance — Add snow storage space • Based on the identified project goals, four cross-section concepts were developed for consideration (graphics attached): 1. Center turn -lanes, on -street bike lanes, boulevards, sidewalks 2. Center turn -lanes, on -street bike lanes, boulevards, one sidewalk, one multi -use trail 3. Center turn -lanes, boulevards, one sidewalk, one multi -use trail 4. Center turn -lanes, cycle tracks, boulevards, sidewalks • These four options were presented to the public at the second project open house and based on feedback received; the Commission narrowed the preferred concepts to #2 & #4. • The Commission requested a version of Concept 44 that placed the cycle track facilities behind the boulevard rather than next to the curb. This change (Concept #4B) created additional buffer from vehicles and improved winter maintenance operations for the cycle tracks. • After gathering feedback from the May 1, 2014 open house regarding the Concept 42 and #4B impacts west of I - 35W, the Commission and City Council asked the County to create a layout that would minimize property impacts. West of Penn Avenue this Low Impact Alternative is the previous Concept #3. Between Penn Ave. and 1-35W, it is a variation of Concept #3 without a center left -turn lane. • The new concept layouts, referred to as the "Low Impact Layout Alternatives" were presented to the public at an open house on September 25, 2014. Although the need for full property acquisitions was reduced to 1-3, the partial impacts to properties between Penn Ave and 1-35W was still significant and includes several commercial and residential properties that could likely claim to be fully impacted. • The Commission examined the impacts associated with the layouts along with the project goals that each layout achieved and determined that west of Penn Avenue, they felt the project goals could still be adequately achieved with the Concept #3. East of Penn Avenue, the Commission felt that the impacts associated with the Low Impact Layout were still too significant to warrant the reduction in meeting the project goals and that Concept #4B best met the long-term vision for the community. • The Commission recommended the addition of center median islands at several locations to improve pedestrian crossings along the corridor. Preliminary locations for those medians are included on the attached layout however the detailed design of these medians are subject to change as the project continues and additional feedback is received. Property Impacts • Right-of-way impacts between Penn Avenue and 1-35W are significant and would require the purchase of 18 residential properties as well as several minor permanent easements. • Required full parcels are identified by a star on the attached layout. • Right-of-way impacts between Xerxes Avenue and Penn Avenue are in the form of permanent and temporary easements on both residential and commercial parcels. • If a design variance is granted, the need for permanent easements along much of the segment from Xerxes Ave to Penn Ave would be eliminated. However, it is important to note that receiving a design variance is not a certainty and will need to be approved through an application process. Public Input • Five public open houses were held to present information and gather feedback on the following dates: 0 10/10/2013 0 01/22/2014 0 05/01/2014 0 09/25/2014 0 11/13/2014 • The first two open houses included both 66th Street East and Portland Avenue. Summaries of all five open houses including feedback received are attached. • In addition to the open houses, the public was encouraged to provide input via the following methods: o The project website o Richfield Connect (Mindmixer) site o Phone calls and direct visits with residents and businesses o Project table at the Farmer's Market Technical Advisory Committee (TAC) • In an effort to engage the various stakeholders involved in the 66th Street reconstruction project as well as to gather the technical advice desired by the Transportation Commission, a Technical Advisory Committee was established during the preliminary design process. Staff representatives from MnDOT, Metro Transit, Hennepin County, and Richfield took part in periodic meetings to review layout alternatives and provide input. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): • The reconstruction project is consistent with the City Comprehensive Plan (Chapter 6 — Transportation) • The Concept Designs are consistent with multiple City planning documents including: o Bicycle Master Plan o Street Reconstruction Guiding Principles Document o Complete Streets Policy o Arterial Roads Study o Comprehensive Plan (Chapter 6 — Transportation) C. CRITICAL TIMING ISSUES: • The federal funding requires the project be programmed for 2016 construction. D. FINANCIAL IMPACT: • Total estimated project cost is $37,007,000 with the following contributions: o $7,840,000 Federal o $23,439,000 County o $5,728,000 City (includes reconstruction of city utilities and undergrounding of overhead utilities) • The following sources are proposed for the City contribution: o Municipal State Aid (gas tax) o Street Reconstruction Bonds o Utilities Fund o Xcel Rate Payers Fee E. LEGAL CONSIDERATION: The City Attorney will be available to answer questions. ALTERNATIVE RECOMMENDATI . Council may choose to reject either/both the Concept #413 preliminary design or the Concept #3 preliminary design and direct staff on how to proceed. PRINCIPAL PARTIES EXPECTED AT MEETING: Area residents and business owners ATTACHMENTS: Description Type D W66th Preliminary Design Resolution Resolution Letter d Design Variances Resolution Resolution Letter D 66th Penn to 135W Concept 4B Exhibit I-) 66th Xerxes to Penn Low Impact Layout Exhibit D Concept #413 Cross Section Exhibit d Low Impact Concept Cross Section Exhibit D Open House #1 Comments Summary Exhibit D Open House #2 Comments Summary Exhibit D Open House #3 Summary Exhibit D Open House 43 Comments Exhibit d Open House #4 Comments and Summary Exhibit D Open House #5 Summary Exhibit d Guiding Principles Cover Memo D Open House #5 Comments Exhibit RESOLUTION NO. A RESOLUTION GRANTING APPROVAL OF COUNTY STATE AID HIGHWAY (CSAH) 53 PRELIMINARY LAYOUT LOW IMPACT CONCEPT (Xerxes to Penn) PRELIMINARY LAYOUT CONCEPT 4B (Penn to Girard) HENNEPIN COUNTY PROJECT NO. 1011 WHEREAS, Preliminary Layout — Low Impact (Concept 3) (dated November 13, 2014) from Xerxes Avenue to Penn Avenue for Hennepin County Project No. 1011, showing the proposed improvements of County State Aid Highway 53 within the limits of the City, has been prepared and presented to the City; and WHEREAS, Preliminary Layout Concept 4B (dated November 13, 2014) includes the Moderate Impact Concept from Penn Avenue to Oliver Avenue and Concept 413 from Oliver Avenue to Girard Avenue for Hennepin County Project No. 1011, showing the proposed improvements of County State Aid Highway 53 within the limits of the City, has been prepared and presented to the City; and WHEREAS, various elements will be addressed during the detailed design phase of this project that will not impact the general foot print of the project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield: 1. That the preliminary layout for the reconstruction of County State Aid Highway 53 from Xerxes Avenue to Penn Avenue in accordance with Preliminary Layout —Low Impact (Concept 3) dated November 13, 2014 be approved. 2. That the preliminary layout for the reconstruction of County State Aid Highway 53 from Penn Avenue to Girard Avenue in accordance with Preliminary Layout Concept 4B dated November 13, 2014 be approved. 3. That Hennepin County is hereby authorized by the City to acquire all rights of way, permits and/or easements required for the improvements proposed in the Preliminary Layout — Low Impact (Concept 3) and Preliminary Layout Concept 4B. 4. That the City agrees to the banning of parking of all motor vehicles at all times in undesignated areas and provide enforcement of these bans for the applicable parking restricted sections of the project. 5. That the City acknowledge and support the pursuance of State Aid variances for design elements west of Penn Avenue to minimize right of way impacts associated with the Preliminary Layout — Low Impact (Concept 3). Adopted by the City Council of the City of Richfield this 9"' day of December, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. A RESOLUTION SUPPORTING HENNEPIN COUNTY IN SEEKING VARIANCES FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) FOR DESIGN OF CURB REACTION DISTANCE, LANE WIDTH AND BICYCLE PATH CLEAR ZONE FOR COUNTY STATE AID HIGHWAY (CSAH) 53 PRELIMINARY LAYOUT — LOW IMPACT (WEST OF PENN AVENUE) HENNEPIN COUNTY PROJECT NO. 101 l WHEREAS, Hennepin County and the City of Richfield are in preliminary design phase for the reconstruction of County State Aid Highway 53 (66`i' Street S) between Xerxes and 16`i' Avenue S; and WHEREAS, construction of the above mentioned improvements will be accomplished under Hennepin County Project Number 1011 (State Aid Project Number 027-653-021); and WHEREAS, Minnesota Rules for State Aid Operations Chapter 8820 set minimum design standards for local state aid routes; and WHEREAS, Minnesota Rule 8820.9936 requires a minimum curb reaction distance of two (2) feet and a minimum lane width of eleven (11) feet.; and WHEREAS, Minnesota Rule 8820.9995 requires a minimum shoulder/clear zone for bicycle paths of two (2) feet; and WHEREAS, The existing right of way does not provide adequate space to allow construction of a five -lane roadway and provision for snow storage, bicycle space, and pedestrian space that would meet Minnesota Rules 8820.9936 and 8820.9995. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield; That the City actively supports the Hennepin County variance request of the Minnesota Department of Transportation to allow design of the proposed County State Aid Highway (CSAH) 53 roadway reconstruction project with a 1.5 foot curb reaction distance instead of the two (2) foot standard curb reaction distance; vehicle lane widths of 10.5 feet and 10.8 feet instead of the eleven (11) foot standard lane width; and a bicycle path shoulder/clear zone of 0.5 feet instead of the two (2) foot standard, for the segment of CSAH 53 west of Penn Avenue. Adopted by the City Council of the City of Richfield this 91" day of December, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk a 1 Concept #4B — One -Way Cycle Tracks with 2 Sidewalks, Boulevard Between Vehicles and Cycle Track 66th Street East of Nicollet Design influenced by the following Guiding Principles: Multimodal Design Connectivity and Public Realm Design for People { t SustIinableSolutions r ' r Healthy and Active Lifestyles � $ ' .t�`.�II` Project Goals Achieved 0 Pedestrian CEJ Transit P Recreational Bicyclist ? Commuter Bicyclist • Vehicle Safety • Environmental • Maintenance 66th Street West of Nicollet Design influenced by the following Guiding Principles: Multimodal Design Ir Design for People Sustainable Solutions a; I Healthy and Active Lifestyles 66th Street West of Nicollet Design influenced by the following Guiding Principles: Multimodal Design Connectivity and Public Realm Design for People Sustainable Solutions Healthy and Active Lifestyles Project Goals Achieved Q Pedestrian 2 Transit 21 Recreational Bicyclist ? 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Materials Available Quick Summary L.Meeting Date _ cation ... Lake Nature Center MWsig� Purveys Completm • Scomment Sheets • Context Boards explaining schedule and budget, guiding principles, what we've learned, what we've done, and conflict points • Process Boards showing project problem statement and project goals • Design Concept Boards showing preferred options for different roadway cross sections (2, 4A, and 4B) and concepts not advanced (1 and 3) • Intersection Concept Boards showing preferred intersection concepts with safety benefits and tradeoffs (closed raise median, roundabout, and full access median) • Rectaneular Rapid Flashine Beacon (RRFB) Information for attendees to reference • Corridor Plots with an opportunity to provide post -it comments • Survey to collect feedback on direction and preference of design alternatives • Comment Cards to provide general feedback on the project • Metro Transit information including Orange Line BRT on 1-35W with station at 66th • Mindmixer online tool to gather feedback following the open house Survey Results Attendees were asked to provide feedback on the project process and proposed design concepts: • All but two respondents thought that common themes from previous open houses were accurately captured or were unsure because they weren't at the previous open houses • 73% agreed the written problem statement captures the overall concerns of the community • 86% or respondents agreed that reducing speed and conflict points would improve safety Attendees were also asked to rank three design concepts, from most to least likely to foster the vision of the community as reflected in the Guiding Principles: • No single concept emerged as a unanimously preferred option for the corridor • Design concept #4B performed best in this exercise with the most first -choice rankings (16) Ranking of Design Concepts Half of all survey respondents indicated that they would support an alternative that impacts property if it was necessary to successfully address the existing problems within the corridors. Of the remaining respondents, half were against property impacts and half were unsure. When asked about intersection concepts, people generally agreed that raised medians would improve safety along 66th Street. Full access medians were also viewed positively for safety benefits. Most respondents agreed that roundabouts would improve safety. The response to rectangular rapid flashing Page 1 of 4 COUNT - 1st 11 8 16 COUNT - 2nd 9 14 7 COUNT - 3rd 11 9 10 Half of all survey respondents indicated that they would support an alternative that impacts property if it was necessary to successfully address the existing problems within the corridors. Of the remaining respondents, half were against property impacts and half were unsure. When asked about intersection concepts, people generally agreed that raised medians would improve safety along 66th Street. Full access medians were also viewed positively for safety benefits. Most respondents agreed that roundabouts would improve safety. The response to rectangular rapid flashing Page 1 of 4 County Road Reconstruction `roject - 66th Stre • 111L.1 SMU151a beacons was mixed on whether or not this tool would improve safety. These opinions are residents' perceptions based upon open house displays and are shown in the table. Intersection Concepts — Residents' Perceptions of Whether Tools Would Improve Safety Based Upon Open House Displays Public Comments — Common Themes The summary below includes feedback from comment sheets, surveys, and Mindmixer online tool. Specific comments are available in the detailed comment log. General • Some respondents requested three lanes of traffic and others requested five lanes of traffic • Comments were received that provided general support for the project and process • Slower speeds and enforced speed limits along 66th Street were requested • Concerns were expressed regarding the cost of the project Impacts • Right of way impacts were a concern of many respondents • Concern was expressed for traffic impacts associated with reducing traffic lanes • Other concerns expressed included noise impacts and buried utilities MultimnrInI • Many respondents commented on proposed bicycle and pedestrian improvements. The need for bicycles lanes was questioned by some; whereas, others expressed support for bicycle lanes (17 support bicycle improvements, 12 oppose bicycle improvements) • Comments were received to keep bicyclists separate from vehicles, put bicyclists on the road, and separate bicyclists from pedestrians • While support for Orange Line BRT was received, concerns were expressed regarding traffic impacts of buses making stops Intersection Concepts • Comments were received in favor of and in opposition to roundabouts (7 opposed, 3 support) • Support was shown for single -lane roundabouts over multiple lanes (2 comments received) • Some respondents showed support for RRFB, while others said the improvement is unnecessary • A desire was expressed to maintain left turn access along 66th Street • Comments were received in support of boulevards and corridor beautification; others felt boulevards are unnecessary Other • A desire was expressed to address parking near Lyndale • Comments were received to consider maintenance impacts of snow removal • Some respondents requested a crosswalk be added at 3rd Avenue* • A request was made to address drainage at Newton Page 2 of 4 Raised Median 17 5 3 Roundabout 21 10 2 Full Access Median 14 6 5 Rectangular Rapid Flashing Beacon 9 10 3 Public Comments — Common Themes The summary below includes feedback from comment sheets, surveys, and Mindmixer online tool. Specific comments are available in the detailed comment log. General • Some respondents requested three lanes of traffic and others requested five lanes of traffic • Comments were received that provided general support for the project and process • Slower speeds and enforced speed limits along 66th Street were requested • Concerns were expressed regarding the cost of the project Impacts • Right of way impacts were a concern of many respondents • Concern was expressed for traffic impacts associated with reducing traffic lanes • Other concerns expressed included noise impacts and buried utilities MultimnrInI • Many respondents commented on proposed bicycle and pedestrian improvements. The need for bicycles lanes was questioned by some; whereas, others expressed support for bicycle lanes (17 support bicycle improvements, 12 oppose bicycle improvements) • Comments were received to keep bicyclists separate from vehicles, put bicyclists on the road, and separate bicyclists from pedestrians • While support for Orange Line BRT was received, concerns were expressed regarding traffic impacts of buses making stops Intersection Concepts • Comments were received in favor of and in opposition to roundabouts (7 opposed, 3 support) • Support was shown for single -lane roundabouts over multiple lanes (2 comments received) • Some respondents showed support for RRFB, while others said the improvement is unnecessary • A desire was expressed to maintain left turn access along 66th Street • Comments were received in support of boulevards and corridor beautification; others felt boulevards are unnecessary Other • A desire was expressed to address parking near Lyndale • Comments were received to consider maintenance impacts of snow removal • Some respondents requested a crosswalk be added at 3rd Avenue* • A request was made to address drainage at Newton Page 2 of 4 Page 3 of 4 Public Comments — Post -It Note Summary The Summary below includes feedback from corridor plots. Traffic Operations (17 comments) • Reduce to three lanes, less impacts (4 comments) • Reduced lanes will add more traffic to side streets (1 comment) • Keep five lanes to reduce congestion (4 comments) • Add more grass medians (2 comments) • Close/restrict a few entrances along 66th Street (S comments) • Convert roundabouts to one lane (1 comment) Pedestrian Safety (10 comments) • Safer crossings (at roundabouts (3 comments) and a few other locations) • Slow down traffic Transit Stops • Bus pull -off SE of 66t" and 16t" blocks view of drivers • Drivers unable to get around buses at bus stops • Build better bus shelters On -Street Parking • Want on -street parking on east end Bikes • Bike lanes —yes • Bike lanes — no Page 4 of 4 10.1 . 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M \ 2 k °E c 5 \ � \E /f m2 / 0 f \ _0 2 » f 5 . = c -C / \ bM� E k \ ƒ 5 / \ 2 9 0 _w =3 \ ' \ / m Ln \ 0 / / / ƒ a / / 2 Ln ® k ® \ � ton # ° cn / E ai & m 2 �s.\/� # Q % 2 = I m r_4 . � � � k k � c - @ E' E . o . - U ' u . � � a 0 MO � E E 0 0 ' u ' 2 ƒ m L \ OPEN HOUSE #4 SUMMARY Meeting Purpose The goal of the open house was to reinforce what was heard at the previous open houses, share project developments, and solicit input on design alternatives. Materials Available General: SWEET- TREETS.- Quick Summary Meeting Date September -. 000�• Community Center Full Access Median S eted — East Roundabout SITNEsys Completed — Wes 3 2 Comment Forms Complete 7 • Context Boards explaining schedule and budget, guiding principles, what we've learned, what we've done, and conflict points • Process Boards showing project problem statement and project goals • Comment Cards to provide general feedback on the project East (1-35W to 16th Avenue): • Design Concept Boards showing recommended concept (46) and concepts not advanced (1, 3, and 4A) • Intersection Concept Boards showing closed raise median and full access median • Corridor Plot of East segment with an opportunity to provide post -it comments • Survev to collect feedback on direction and preference of East design alternatives West (Xerxes to 1-35W): a Design Concept Boards showing Low Impact Concept and Concepts 2 and 4B • What We've Done Board showing what additional analysis has been completed for the West • Corridor Plot of West segment with an opportunity to provide post -it comments • Survev to collect feedback on direction and preference of West design alternatives Survey Results General: Attendees were asked to provide feedback on the project process and proposed design concepts: 0 All but two respondents thought that common themes from previous open houses were accurately captured or were unsure because they weren't at the previous open houses 73% agreed the written problem statement captures the overall concerns of the community 0 86% or respondents agreed that reducing speed and conflict points would improve safety East (1-35W to 16th Avenue): Attendees were asked if they believed the recommended concept sufficiently addresses the community's problem statement. Of question respondents, 85 percent agreed—only two indicated that they did not believe the recommended concept satisfied the community's vision. Attendees were also asked whether they thought intersection concepts would improve safety along 66th Street. Results are shown below. Intersection Concepts — Respondents' Perceptions of Whether Tools Would Improve Safety Page 1 of 3 Raised Median 9 2 0 Full Access Median S 4 0 Roundabout S 3 2 Signal 7 2 0 Rectangular Rapid Flashing Beacon 3 4 0 Page 1 of 3 6"tr& M,=fA County Road 66th Street' RICHFInVW E OMEMIRG West (Xerxes to 1-35W): Attendees were asked if they believed the Low Impact Concept achieved the best balance for the project west of 1-35W. Of question respondents, 55 percent agreed. Results are shown below. Low Impact Concept — Respondents' Perceptions of Whether Low Impact Concept Achieves Best Balance for 66th Street West of 1-35W Yes, the Low Impact Concept achieves the best balance 16 No, the Low Impact Concept does not achieve the best balance 8 Not sure 5 Public Comments — Common Themes The summary below includes feedback from comment sheets and surveys. Specific comments are available in the detailed comment log. The number of comments received on a common theme is provided in parentheses. General: • Concerns were expressed about property impacts associated with yard loss (3) • Comments showed support for bicycle lanes (3) • Residents expressed opposition to boulevards (2) • Residents were both in favor of (1) and against (1) roundabouts • Many respondents provided comments about specific areas to be addressed in detailed design East (1-35W to 16th Avenue): • Support was expressed for bicycle infrastructure (2) • Concerns were expressed regarding traffic volumes and design capacity (2) • Specific recommendations were made regarding design, drainage, and accessibility improvements West (Xerxes to 1-35W): • Concerns were expressed that the Low Impact Concept would result in yard loss and a potential decline in property value (7) • Concerns were expressed that the Low Impact Concept does not adequately address safety and/or that crossing improvements are needed (5) • Concerns were expressed regarding traffic on this segment of 66th Street and a desire that the concept provide for a turn lane (4) • Support was expressed for the Low Impact Concept due to the fact that it resulted in fewer acquisitions than other proposed concepts (3) • Desire was expressed for bicycle improvements to be included for this segment (3) • Concerns were expressed regarding loss of parking under the Low Impact Concept (2) • Support was expressed for Concept 413 (2) • Maintenance concerns were expressed in respect to boulevards (2) Page 2 of 3 .SWEET - STREET Public Comments — Post -It Note Summary The Summary below includes feedback from corridor plots. West (Xerxes to 1-35W): Xerxes Ave S to Penn Ave S: • "Look at adding a cross walk at 66th & Thomas Ave S - so many people cross there. Bus stop on SW & NE Corner. People crossing from Jefferson Park on south to Sheridan Park on north." • "Bus stops exist @ NE & SW corners Thomas!" Penn Ave S to 1-35W: • Logan Ave S —"Roundabout not traffic signal" • "The plan is short sighted. It is car dependent when the young generation is transit and bike focused Please go with concept 4B & 2" East (1-35W to 16th Avenue): • Emerson Ave - "Bike lane should at least go to Girard" (2nd Agreed) • 135W roundabout concept - "Love it!" • Lake Shore Dr. S. - "Roundabout a good thing here." • Near Pizza Luce - "Why not keep the x -walk on the west side of intersection?" • Lyndale Ave S roundabout concept - "Wide enough Islands for power wheel chair" • Lyndale Ave S - "Make sure there's enough room for wheel chairs in the median" • Lyndale Ave S - "No roundabout here" • Lyndale Ave S - "Happy about the use of roundaboutH Great job!" • Pleasant Ave S - "Better accommodations for bikes & people at Railroad crossing" • Nicollet Ave S - "Bus pullouts at Nicollet in today's location" (2nd Agreed) • Nicollet Ave S — "Better bus shelters!" • 2nd Ave S & 66th — "Lots of large trees impacted with "grading" areas -worried about damage to tree roots" • NW Corner 2nd Ave S & 66th — "Street drain is a bad design -snow plow creates an issue" • Between 4th Ave & 5th Ave — "Make sure alleys are wide enough (Garbage trucks are 4' wider than some entrances)" • Portland Ave S — SW corner - "Concerns regarding vacant gas station property (tough to access the site)" • Portland Ave S — "Please consider city of Burnsville illuminated pedestrian inroad bed crossings by Burnsville Ridges Hospital for Richfield's pedestrian roundabout crossings to give more notice and protection" • Columbus Ave S — "Concerns regarding traffic with only 1 -lane traffic in each direction east of Portland" • 13th Ave S — "Consider staging utility work so one access @1309 & other commercial sites can be open at all times" • 13th Ave S — "1305 Purchase for Parking lot to 1301-1309-1325 E66th" • 16th Ave S — "Open 65th St to Parkway" • 16th Ave S — "Bikeway should connect to intercity trail" Page 3 of 3 OPEN HOUSE #5 SUMMARY Meeting Purpose The goal of the open house was to reinforce what was heard at the previous open houses, share project developments, and solicit input on recommended design alternatives from 1-35W to Xerxes Avenue. Materials Available Quick Summary • Context Boards explaining schedule and budget, guiding principles, what we've learned, what we've done, and conflict points • Process Boards showing project problem statement and project goals • Comment Cards to provide general feedback on the project • Design Concept Boards showing recommended concept west of Penn, recommended concept east of Penn, and concepts not advanced • Design Detail Boards showing landscape buffer concept, medians, and roundabout recommendations • Corridor Plots with an opportunity to provide post -it comments • Survey to collect feedback on direction and preference of East design alternatives Public Comments — Common Themes The summary below includes feedback from comment sheets and surveys. Specific comments are available in the detailed comment log. The number of comments received on a common theme is provided in parentheses. General: • General concern was expressed regarding ROW, access, traffic, and/or parking impacts (6) • Participants expressed general support for the project (3) • Participants requested a decision be made soon so that they may plan for personal impacts (2) Recommended Concept: Xerxes to Penn (Low Impact): • Requests were made for improved bicycling connections and a wider path (4) • General support was expressed for the concept (4) • Specific area requests were made by participants (3) • Participants expressed concerns for ROW impacts (2) Recommended Concept: Penn to 1-35W (Concept 413): • General support was expressed for the concept (5) • Concerns were expressed regarding ROW impacts (3) • Requests were made for extending bicycle connections (1) Median Concept: • General support for median concepts was expressed (1) • Concern for driveway access impacts was expressed (1) Roundabout Concept: • General support for roundabout concepts was expressed (5) • Participants identified a need for roundabout education (2) • General dislike for roundabouts was expressed (2) Page 1 of 1 LAM cn T` = Ql U N aai a a a Qat a a cT to �m m ca Q U a D •- .� U r0 C v) U C Q] o C Q) pru m p) U OL a a� ai OU U0 _ m N 5 i7)a p E a C p a) cn a r .0 a s Q� Q o s o CO) o -Q 63 a c D Cu Q c m o 0 RU'��Lm o v a a CO)a mmo a_= o oD - 9 a •on �' Q] aL.. 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N C '6 u O- C L O L C E O O E E L ? O ° ° O O O N 3 Y C U O a 0°„, Y 3 o” OL EN R a 0 U L O Z O O E t"a = E axi I L> L � .'^ °� � � v 3 u o~ Y° '� c .0 o a =a 3 @ a; v c v ani �= E c a in ro E -p cv 0 c d v v c .R. v — ° v oa c ._'- CL > C£ C aJ aJ O fa a t0 v > v O .n C L O. O 3 aJ O O C N p tD C CO n 0 O> O C C '6 2 n£ > O O.M-I U C1 O u L 3 1p � o � o -2 L > N o K Q CO S N V C� CG C 3 L!1 V1 V1 2 Q 22 0 0 vl l0 I� /\\ \\\\ } \ \ g & \ \\{\\ \)\bn /§0 g/§; §\\\//\0 w to \\ �• ® - °}!\® t 'E >- > 0 \/\!\�J§\( - - - &§~``}{?> _ - \[E\§\k}(\{\ [. o \§r�&>»2*� j)2oa±:aa27} _ \\m . . / § E § 0 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 37. STAFF REPORT NO. 254 CITY COUNCIL MEETING 12/9/2014 Chris Regis, Finance Manager Steven L. Devich, City Manager N/A Steven L. Devich Consideration of the resolutions approving the 2014 Revised/2015 Proposed budget and tax levy and related resolutions. EXECUTIVE SUMMARY: On September 9, 2014, the City Council approved and certified a preliminary tax levy of $18,288,524 to Hennepin County. The final tax levy must now be considered and approved by the City Council. The final levy may be less but cannot be greater than the preliminary levy amount. Taxpayers have received individual parcel specific tax notices in anticipation of the truth -in -taxation hearing. The City of Richfield has conducted and closed its 2014 truth -in -taxation hearing on December 2, 2014. During the course of the public hearing, there was an opportunity for testimony from the general public. Information was also presented by staff regarding the proposed levy and budget. No official City Council action to act on the levy was permissible on the day of the public hearing. In anticipation of the 2015 Minnesota Pay Equity report, which will be filed in January of 2015, staff conducted salary comparisons among comparable cities in the Twin Cities area. Based on those comparisons, it was determined that changes needed to be made yet in 2014. Included for consideration are revised pay plans for 2014 for General Services and Management, effective for the last full pay period of 2014. The recommended changes affect predominantly female positions. These changes to the pay plans will help maintain compliance in future pay equity testing. Also included for consideration are salary increases for non -represented employee pay plans. The proposed increases are 2.25% increase for the Management and General Services pay plans, and 1 % for the Specialized pay plan. The increases are effective the first full pay period of January 2015. RECOMMENDED ACTION: By Motion: Adopt the resolutions approving the 2014 Revised/2015 Proposed budget and tax levy and related resolutions. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: N/A B. POLICIES (resolutions, ordinances, regulations, statutes, exc): A revised 2014 budget and final 2015 budget and tax levy must be adopted on or before December 29, 2014. • Cities then have five working days after December 20 or no later than December 29 to prepare all the documentation necessary to certify a final levy to the County Auditor and State Department of Revenue. • A proposed 2015 tax levy has been submitted to the City Council for consideration. • Several related resolutions included within the total budget document need to be considered. These related resolutions are itemized in the attachment section of this staff report. C. CRITICAL TIMING ISSUES: The deadline for the certification of the 2015 tax levy is December 29, 2014. D. FINANCIAL IMPACT: • The proposed gross tax levy for 2014 is $18,288,524. • The gross tax levy for 2015 reflects a 1.53% increase from the previous year's gross levy. • The City's tax capacity rate will decrease from 64.459% in 2014 to 60.057% in 2015. • The levy increase comprises three components as follows: o General Fund Levy 1.63% o Equipment Levy 0.00% o Debt Service Levy (0.14%) o Tax Abatement Levy 0.04% o Total 1.53% • 2.25% wage increase for Management and General Services employees effective January 2015 and 1 % for employees in the specialized pay plan. E. LEGAL CONSIDERATION: • A truth -in -taxation public hearing for the 2015 proposed budget and tax levy was conducted on December 2, 2014. ALTERNATIVE RECOMMENDATION(S): . The City Council could adopt a final 2015 budget and tax levy in any amount, which does not exceed the preliminary levy of $18,288,524. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description I-) Resolution for 2015 Budget and Tax Levy D Resolution authorizing budget revisions. D Resolution authorizing revision of 2014 budget of various departments. D Resolution authorizing adjustment to City's mileage reimbursement rate. D Resolution adopting the 2015 Capital Improvement Budget I-) Resolution adopting the 2016-2019 Capital Improvement Program. D Resolution relating to purchasing practices in the City of Richfield. D Resolution establishing utility service rates and charges. Type Resolution Letter Resolution Letter Resolution Letter Resolution Letter Resolution Letter Resolution Letter Resolution Letter Resolution Letter d Resolution establishing a Public Works On -Call compensation Resolution Letter policy. ❑ Resolutions for the 2014 General Services, Management, and Resolution Letter Specialized Pay Plans ❑ Resolutions for the 2015 General Services, Management, and Resolution Letter Specialized Pay Plans d Resolution for 2015 Appendix D - fees Resolution Letter RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2015 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 30, 2014 and then recertified before December 30, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 2015 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive $ 835,630 Administrative Services 1,248,380 Public Safety 8,273,870 Fire Services 3,783,850 Community Development 1,359,800 Public Works 3,722,890 Recreation Services 1,755,870 Transfer Out 147,370 TOTAL GENERAL FUND $21,127,660 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 2015 which are more fully detailed in the City Manager's official copy of the 2015 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $21,127,660 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2014, payable in 2015 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund' $15,865,0302 Debt Service 2,117,378 Cedar Point Tax Abatement 306,116 'Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees' Retirement Association. 2 General Fund Levy included all fiscal disparities distribution amounts. 4. The budget for the Housing and Redevelopment Authority of Richfield for the year 2015 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2014, payable in 2015 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $468,296 5. A certified copy of this resolution shall be transmitted to the County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December 2014. Debbie Goettel, Mayor /_IaION9 Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor /_laION I Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2014 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 10873 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2013; and WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority to transfer unencumbered appropriation balances from one department to another within the same fund at the request of the City Manager; and WHEREAS, The City Manager has requested a revision of the 2014 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2015 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2014 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative/Executive $ 818,010 Administrative Services 1,229,430 Public Safety 7,992,850 Fire Services 3,707,260 Community Development 1,303,140 Public Works 3,629,090 Recreation Services 1,701,100 Transfer Out 147,370 TOTAL GENERAL FUND $20,528,250 DECREASE $ 445,080 2. Estimated 2014 gross revenue of the City of Richfield from all sources, as the same are more fully detailed in the City Manager's official copy of the proposed 2015 budget, are hereby revised as follows: DECREASE $445,080 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December 2014. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING ADJUSTMENT TO CITY'S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE WHEREAS, the Internal Revenue Service periodically adjusts the business mileage reimbursement rate; and WHEREAS, the City of Richfield's present mileage reimbursement is in conformance with the Internal Revenue Service business mileage reimbursement rate; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota: 1. That the City Manager of Richfield is hereby authorized and directed to adjust the City's mileage reimbursement rate to be in conformance with Internal Revenue Service guidelines. 2. That the City's mileage reimbursement rate is not to exceed the Internal Revenue Service guidelines. Approved by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ADOPTING THE 2015 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget for 2015 has been prepared and submitted for review by the City Council in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2015 Capital Improvement Budget in the sum total of $14,705,000 is hereby approved as amended and adopted with full recognition of the fact that the cost estimates are approximate and are subject to final cost estimates and that all awards of contracts for these projects are subject to necessary hearings and must be approved by the City Council in accordance with established laws and practices governing such action, and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ADOPTING THE 2016-2019 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program 2016-2019 has been prepared for review by the Planning Commission in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2016-2019 Capital Improvement Program is hereby approved and adopted subject to annual review and revision; BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 10879 WHEREAS, the City Manager of the City of Richfield has purchasing authority pursuant to the City Charter and Administrative Ordinance Code; and WHEREAS, the City Charter and Administrative Ordinance Code expressly state a purchasing authority limit for the City Manager, and WHEREAS, all purchases in excess of $100,000 will require approval by City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: That the City Manager of the City of Richfield is hereby granted the authority to enter into contracts or approve purchases on behalf of the City of Richfield up to, but not to exceed $100,000. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor /_laION9 Elizabeth VanHoose, City Clerk RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: SANITARY SEWER SERVICE RATES AND CHARGES FOR 2015 Pursuant to the provisions of Section 7.05 of the Ordinance Code of the City of Richfield, the rates and charges for use and service of the sanitary sewer system are hereby established to be those set forth in the following paragraphs of this resolution which rescinds Resolution No. 10880: 2. Where the rate is not based upon the metered use of water, the following quarterly flat charges are established effective January 1, 2015 for each billing district as defined in paragraph 3 of this resolution. 2015 A) Residential per unit $ 81.90 B) Commercial - For the equivalent of 10 or less persons $ 81.90 More than 10, less than 16 149.20 More than 15, less than 21 208.90 More than 20, less than 26 278.80 C) Institutional - For each public or private school the quarterly flat charge shall be charged whether the school is in session or not (rates being charged upon average yearly use); shall be based upon the number of students enrolled at the beginning of the quarterly billing period or the preceding period if school is not then in session; and shall be as follows: 2015 For each 100 grade school students or fraction $ 85.80 in excess thereof For each 100 junior high school students or high 126.00 School students or fraction thereof D) In addition to the above flat rates there shall be a customer Charge on each invoice as determined in paragraph 4 of this resolution and a certification charge as determined in Section 7.05 of the City Ordinance Code. 3. Where the rate for sanitary sewer service is based upon the metered use of water on the premises, such rates shall be as follows: A) For all residential premises the rate shall be based on The actual use, or less of water for the preceding winter quarter, per thousand gallons with a minimum of 7,000 gallons, effective January 1, 2015, for each 2015 customer billing district and shall be as follows: $ 4.08 For the purpose of this paragraph A), the winter quarter shall be the winter quarter as specified in Subdivision 3 of said section 7.05. B) For all commercial, institutional, industrial, and other premises, the rate per thousand gallons of water effective January 1, 2015, shall be as follows: $ 4.08 C) A customer charge shall be made for each invoice rendered effective January 1, 2015 as follows: $ 5.00 If the invoice is for water service, as well as sanitary sewer service, the customer charge, when collected, shall be allocated proportionally between the City's water fund, sewer fund, and its storm sewer fund based on the user fees billed for by each fund. D) Where the metered use of water on the premises for the preceding winter quarter was not normal, the rate may be adjusted as provided in Subdivision 3 of said Section 7.05. 4. The foregoing rates and charges are in addition to, and not in lieu of, other rates and charges established by ordinance or resolution. 5. The Metropolitan Airports Commission (MAC) will be charged a sanitary sewer rate based on the Met Council Environmental Services (MCES) rate plus 15% for Inflow/Infiltration and $1,000.00 per quarter for administration costs. WATER RATES AND CHARGES FOR 2015 1. Pursuant to the provisions of Section 7.15 of the Ordinance Code of the City of Richfield, the rates and charges for City water and water service are hereby established to be those set forth in the following paragraphs of this resolution: The charges due and payable to the City by each water customer of the City, during any quarter shall be based upon the Conservation Rate Structure. Water -Tier 1: The first tier rate is ($3.30 per thousand) charged for consumption of the first 25,000 gallons. Water -Tier 2: The second tier rate is ($3.61 per thousand) charged for consumption of 26,000 gallons but less or equal to 50,000 gallons. Water -Tier 3: The third tier rate is ($3.94 per thousand) charged for consumption in excess of 51,000 gallons. Irrigation accounts: All consumption will be charged at the ($3.94 per thousand) water -tier 3 rate. The Conservation Rate Structure applies to multi -unit and residential premises. Commercial, institutional or industrial will only be subject to the Water -tier 1 rates for domestic use, irrigation accounts will be subject to the Water -tier 3 rate. Water charges shall be payable quarterly, and all bills issued after January 1, 2015 shall be at this rate. SPECIAL WATER SERVICE CHARGES FOR 2015 1. Pursuant to the provisions of Section 7.15 of the Ordinance Code of the City of Richfield, the rates and charges for special customer services are hereby established to be those set forth in the following paragraphs of this resolution: 2. The charge for establishing a new customer account shall be $13.50 per account. 3. The charge for installation of meters shall be $50.00 per installation. 4. The charge to flush and maintain fire hydrants located on privately owned property within the City shall be $50.00 per hydrant per year plus any required parts. 5. The charge to thaw and service water pipes on customer property shall be actual cost to the City plus thirty percent. 6. The charge for any other services not covered by the above shall be based on actual hourly cost to the City plus thirty percent. 7. The MN lab fee will is $6.36. STORM SEWER RATES AND CHARGES FOR 2015 1. Pursuant to the provisions of Section 7.20 of the Ordinance Code of the City of Richfield, the rates and charges for City storm sewer service are hereby established to be those set forth in the following paragraphs of this resolution: 2. The rates and charges for the use and availability of the system are determined through the use of a "Residential Equivalent Factor" (REF). One REF is defined as the ratio of the average volume of surface runoff coming from one acre of land and subjected to a particular use, to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the City during a standard one year rainfall event. The REF's for the following land uses within the City and the billing classifications for such land uses are as follows: LAND USES REF CLASSIFICATION Cemeteries .25 1 Parks and railroads .75 2 Two-family residential 1.00 3 Single-family residential 1.00 4 Public and private schools and institutional uses 1.25 5 Multiple -family residential uses and churches 3.00 6 Commercial, industrial, and Warehouse uses 5.00 7 3. The basic system quarterly rate for storm sewer service is $62.50 per acre of land. $12.50 is the quarterly rate for a single-family residence, which is considered to have an acreage of one-fifth acre. The charge made against each parcel of land is then determined by multiplying the REF for the parcel's land use classification times the parcel's acreage times the basic system rate. 6.5% PENALTY ON PAST DUE ACCOUNTS 1. Customers will have twenty eight (28) days to pay their water, sanitary sewer, and storm sewer quarterly bills from the date of the mailing by the City. Any unpaid amount will be added to the next quarterly bill along with a 6.5% penalty on the delinquent amount. 2. The penalty charge when billed on past due accounts shall be allocated proportionally between the City's water fund, sewer fund, and storm sewer fund based on the user fees billed for each fund. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING A PUBLIC WORKS ON-CALL COMPENSATION POLICY WHEREAS, the City Council has determined to provide Public Works Superintendent/Managers/City Engineer compensation for being on-call for possible Public Works emergencies; and WHEREAS, the good judgment of a Public Works Superintendent/Manager/City Engineer is needed to provide quality response to Public Works emergencies such as water main breaks, street light knock downs, and sewer main back ups; and WHEREAS, the City Council finds it necessary to establish a policy to provide such employees with on-call compensation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following On-call Compensation Policy: Public Works Superintendents/Managers/Supervisors/City Engineer who remain on-call by carrying the emergency cell phone (or similar device) for a period of one week will be compensated at a rate established annually as part of the budget preparation process, beginning with $120 a month in 2015. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December 2014. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION RELATING TO THE 2014 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for General Services employees from time -to -time, and WHEREAS, the City administration has prepared a revised 2014 pay plan for position classifications for General Services employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2014 the following pay plan, which is to be effective the last full pay period of December 2014, and subject to all applicable provisions of the personnel policy and City Code: Effective the last full pay period of December 2014 STEP 1 2 3 4 5 6 RANGE GS1 YR 35,318.40 37,252.80 39,291.20 41,620.80 42,868.80 MO 2,943.20 3,104.40 3,274.27 3,468.40 3,572.40 BW 1,358.40 1,432.80 1,511.20 1,600.80 1,648.80 HR 16.98 17.91 18.89 20.01 20.61 GS2 YR 38,584.00 40,435.20 42,494.40 44,678.40 46,904.00 MO 3,215.33 3,369.60 3,541.20 3,723.20 3,908.67 BW 1,484.00 1,555.20 1,634.40 1,718.40 1,804.00 HR 18.55 19.44 20.43 21.48 22.55 GS3 YR 40,820.00 42,941.60 45,281.60 47,528.00 49,930.40 52,780.00 MO 3,401.67 3,578.47 3,773.47 3,960.67 4,160.87 4,398.33 BW 1,570.00 1,651.60 1,741.60 1,828.00 1,920.40 2,030.00 HR 19.63 20.65 21.77 22.85 24.01 25.38 GS4 YR 44,740.80 46,904.00 49,316.80 51,812.80 54,371.20 57,241.60 MO 3,728.40 3,908.67 4,109.73 4,317.73 4,530.93 4,770.13 BW 1,720.80 1,804.00 1,896.80 1,992.80 2,091.20 2,201.60 HR 21.51 22.55 23.71 24.91 26.14 27.52 GS4SNE YR 48,068.80 50,398.40 52,998.40 55,681.60 58,468.80 61,422.40 MO 4,005.73 4,199.87 4,416.53 4,640.13 4,872.40 5,118.53 BW 1,848.80 1,938.40 2,038.40 2,141.60 2,248.80 2,362.40 HR 23.11 24.23 25.48 26.77 28.11 29.53 GS5 YR 49,316.80 51,812.80 54,371.20 57,241.60 60,070.40 63,107.20 MO 4,109.73 4,317.73 4,530.93 4,770.13 5,005.87 5,258.93 BW 1,896.80 1,992.80 2,091.20 2,201.60 2,310.40 2,427.20 HR 23.71 24.91 26.14 27.52 28.88 30.34 GS5E YR 52,998.40 55,681.60 58,427.20 61,422.40 64,480.00 68,099.20 MO 4,416.53 4,640.13 4,868.93 5,118.53 5,373.33 5,674.93 BW 2,038.40 2,141.60 2,247.20 2,362.40 2,480.00 2,619.20 HR 25.48 26.77 28.09 29.53 31.00 32.74 GS6 YR 54,371.20 57,241.60 60,070.40 63,107.20 66,310.40 73,112.00 MO 4,530.93 4,770.13 5,005.87 5,258.93 5,525.87 6,092.67 BW 2,091.20 2,201.60 2,310.40 2,427.20 2,550.40 2,812.00 HR 26.14 27.52 28.88 30.34 31.88 35.15 GS6E YR 58,427.20 61,422.40 64,500.80 67,766.40 71,156.80 78,582.40 MO 4,868.93 5,118.53 5,375.07 5,647.20 5,929.73 6,548.53 BW 2,247.20 2,362.40 2,480.80 2,606.40 2,736.80 3,022.40 HR 28.09 29.53 31.01 32.58 34.21 37.78 a. Step 1 - Start b. Step 2 - One year from anniversary date. If an employee successfully passes probationary period. c. Step 3 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 3 until performance is rated Meets Expectations or higher. d. Step 4 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 4 until performance is rated Meets Expectations or higher. e. Step 5 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 5. f. Step 6 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 6. Employees whose competency level and/or performance are rated Below Expectations may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota this 9th day of December 2014. Debbie Goettel Mayor ATTEST: Elizabeth Vanhoose City Clerk (Revised 12-2014) GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS 1 Office Aide Non -Exempt Data Entry Operator Non -Exempt Switchboard -Receptionist Non -Exempt 2 Community Development Technician Non -Exempt Community Service Officer Non -Exempt Custodian Non -Exempt Investigative Clerk Non -Exempt Lead Liquor Clerk Non -Exempt Licensing Clerk Non -Exempt Planning Technician Non -Exempt Police Cadet Non -Exempt Senior Office Aide Non -Exempt 3 Accounting Clerk Non -Exempt Community Development Assistant Non -Exempt Facility Operations Assistant Non -Exempt Environmental Health Specialist Non -Exempt Lead Licensing Clerk Non -Exempt Leased Housing Assistant Non -Exempt Secretary Non -Exempt Utility Billing Clerk Non -Exempt 4 Administrative Aide Non -Exempt Assessment Clerk Non -Exempt Deputy City Clerk Non -Exempt Information Technologies Help Desk Technician Non -Exempt Records Technician Non -Exempt 4SNE Administrative Aide (Closed as of 1-1-12) Non -Exempt 5 Engineering Technician Non -Exempt GIS Analyst/IT Technician Non -Exempt Housing Specialist Part-time Non -Exempt Information Technologies Technician Non -Exempt Recreation Supervisor Part-time Non -Exempt 5E Administrative Aide/Analyst Exempt Code Compliance Specialist Exempt Crime Prevention Program Coordinator Exempt Economic Development Coordinator Exempt Executive Coordinator Exempt Media Coordinator Exempt Multifamily Housing Program Coordinator Exempt Natural Resources Coordinator Exempt Naturalist Exempt Payroll Accountant Exempt Records Supervisor Exempt Recreation Supervisor Exempt 6 Civil Engineer Non -Exempt Network Administrator Non -Exempt Project Civil Engineer Non -Exempt Trade/Building Inspector or Trade/Electrical Inspector Non -Exempt 6E Accountant Community Development Accountant Exempt Exempt RESOLUTION NO. RESOLUTION RELATING TO THE 2014 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for Management employees from time -to -time; and WHEREAS, the City administration has prepared a revised 2014 pay plan for position classifications for Management employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2014 the following pay plan, which is to be effective the last full pay period of December 2014, and subject to all applicable provisions of the personnel policy and City Code: MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M -L YR 57,532.80 65,707.20 73,798.40 MO 4,794.40 5,475.60 6,149.87 BW 2,212.80 2,527.20 2,838.40 HR 27.66 31.59 35.48 M-1 YR 65,769.60 75,212.80 84,552.00 MO 5,480.80 6,267.73 7,046.00 BW 2,529.60 2,892.80 3,252.00 HR 31.62 36.16 40.65 M-2 YR 74,880.00 85,571.20 96,304.00 MO 6,240.00 7,130.93 8,025.33 BW 2,880.00 3,291.20 3,704.00 HR 36.00 41.14 46.30 M-3 YR 81,619.20 93,288.00 104,915.20 MO 6,801.60 7,774.00 8,742.93 BW 3,139.20 3,588.00 4,035.20 HR 39.24 44.85 50.44 M -41L YR 85,508.80 97,697.60 109,907.20 MO 7,125.73 8,141.47 9,158.93 BW 3,288.80 3,757.60 4,227.20 HR 41.11 46.97 52.84 M-4 YR 90,001.60 102,793.60 115,627.20 MO 7,500.13 8,566.13 9,635.60 BW 3,461.60 3,953.60 4,447.20 HR 43.27 49.42 55.59 M -5A YR 97,198.40 110,448.00 124,092.80 MO 8,099.87 9,204.00 10,341.07 BW 3,738.40 4,248.00 4,772.80 HR 46.73 53.10 59.66 M -5B YR 100,526.40 114,878.40 129,251.20 MO 8,377.20 9,573.20 10,770.93 BW 3,866.40 4,418.40 4,971.20 HR 48.33 55.23 62.14 Y m a C N C Q. E O U tm R C ns s O L s H C O .N (n w L O L- a. a E O Z C: o a) s � m > � O U E -0 0,0 U O - O '� Z _0MF O E " L �✓ O ^ m a) A�, O O C6 O i U 0 0 a U 0 a �oa)CD c6 0 r C L (/) �� Nr O O 2 O v a) =5�_ > O O 4- W M u) cz (! U cu E— 0 Z 0 �C:�L .E- a mM �Z > 0 a) C:) O O Co � O_N O O d a> m UM .� a 0 0 CL)r E 0 L O a) L m Z� U O o c.0 CL^>♦ 0 O N a Za O LO L L .- L >> Q L[i i r o 0 0 (A LCA "- o u) m m o Q O r z 0 E� O 0 L Qz�m a Eoc� —>E a) _ a) Q 0 i Z CY U 0 0 c a) 0 �0� a m>Q�� G U)i�� O (6 0 O m L O L ^ c6 O N O m o c6 w 0 0 LO ,c �0�� wooro�0 �— 0 ZLOcO ' 0 O E O Q� -En O mcorLOzz a) E E 0 E — W c� o i L • � Q E o LU a � L' Z �mam_� 0 2Z o E 0 LF U U 0 �� 0 �o U"r >, 0) U) >'� o Q U 0 0 0 WO CO c6 +J �0 O 0 a' _ 0+= 0 U d M o > u U) cn= mo 0 L 0 U) j m M �73 o E om 0QcnzD WE Y 0 U 0 U) O O C ca Cl) 0 LU s M N Q w MANAGEMENT POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS M -L Liquor Store Manager Exempt M-1 Assistant HR Manager Exempt City Clerk Exempt Facility/Program Manager Exempt Planner Exempt Utilities Supervisor Exempt Support Services Supervisor Exempt M-2 Assistant Utility Superintendent Exempt Chief Building Official Exempt Community Development Manager Exempt Operations Manager Exempt (Parks/Fleet, Gov't Buildings) Transportation Engineer Exempt M-3 Assistant Fire Chief Exempt Housing & Redevelopment Manager/ Assistant Community Development Director Exempt Information Technologies Manager Exempt Operations Superintendent Exempt Utilities Superintendent Exempt M-41- Liquor Operations Director Exempt M-4 Assistant City Manager/HR Manager Exempt Assistant Public Works Director/City Engineer Exempt Deputy Public Safety Director Exempt M -5A Finance Manager Exempt Fire Services Director/Fire Chief Exempt Recreation Services Director Exempt M-513 Community Development Director Exempt Public Safety Director/Police Chief Exempt Public Works Director Exempt (Rev. 12-14) RESOLUTION NO. RESOLUTION RELATING TO THE 2015 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for General Services employees from time -to -time, and WHEREAS, the City administration has prepared a 2015 pay plan for position classifications for General Services employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2015 the following pay plan, which is to be effective the first full pay period of January 2015, and subject to all applicable provisions of the personnel policy and City Code: Effective the first full pay period of January 2015 STEP 1 2 3 4 5 6 RANGE GS1 YR 36,108.80 38,084.80 40,185.60 42,556.80 43,825.60 MO 3,009.07 3,173.73 3,348.80 3,546.40 3,652.13 BW 1,388.80 1,464.80 1,545.60 1,636.80 1,685.60 HR 17.36 18.31 19.32 20.46 21.07 GS2 YR 39,457.60 41,350.40 43,451.20 45,676.80 47,964.80 MO 3,288.13 3,445.87 3,620.93 3,806.40 3,997.07 BW 1,517.60 1,590.40 1,671.20 1,756.80 1,844.80 HR 18.97 19.88 20.89 21.96 23.06 GS3 YR 40,820.00 42,941.60 45,281.60 47,528.00 49,930.40 52,780.00 MO 3,401.67 3,578.47 3,773.47 3,960.67 4,160.87 4,398.33 BW 1,570.00 1,651.60 1,741.60 1,828.00 1,920.40 2,030.00 HR 19.63 20.65 21.77 22.85 24.01 25.38 GS4 YR 45,739.20 47,964.80 50,419.20 52,977.60 55,598.40 58,531.20 MO 3,811.60 3,997.07 4,201.60 4,414.80 4,633.20 4,877.60 BW 1,759.20 1,844.80 1,939.20 2,037.60 2,138.40 2,251.20 HR 21.99 23.06 24.24 25.47 26.73 28.14 GS4SNE YR 49,150.40 51,542.40 54,184.00 56,929.60 59,779.20 62,795.20 MO 4,095.87 4,295.20 4,515.33 4,744.13 4,981.60 5,232.93 BW 1,890.40 1,982.40 2,084.00 2,189.60 2,299.20 2,415.20 HR 23.63 24.78 26.05 27.37 28.74 30.19 GS5 YR 50,419.20 52,977.60 55,598.40 58,531.20 61,422.40 64,521.60 MO 4,201.60 4,414.80 4,633.20 4,877.60 5,118.53 5,376.80 BW 1,939.20 2,037.60 2,138.40 2,251.20 2,362.40 2,481.60 HR 24.24 25.47 26.73 28.14 29.53 31.02 GS5E YR 54,184.00 56,929.60 59,737.60 62,795.20 65,936.00 69,638.40 MO 4,515.33 4,744.13 4,978.13 5,232.93 5,494.67 5,803.20 BW 2,084.00 2,189.60 2,297.60 2,415.20 2,536.00 2,678.40 HR 26.05 27.37 28.72 30.19 31.70 33.48 GS6 YR 55,598.40 58,531.20 61,422.40 64,521.60 67,808.00 74,755.20 MO 4,633.20 4,877.60 5,118.53 5,376.80 5,650.67 6,229.60 BW 2,138.40 2,251.20 2,362.40 2,481.60 2,608.00 2,875.20 HR 26.73 28.14 29.53 31.02 32.60 35.94 GS6E YR 59,737.60 62,795.20 65,956.80 69,284.80 72,758.40 80,350.40 MO 4,978.13 5,232.93 5,496.40 5,773.73 6,063.20 6,695.87 BW 2,297.60 2,415.20 2,536.80 2,664.80 2,798.40 3,090.40 HR 28.72 30.19 31.71 33.31 34.98 38.63 a. Step 1 - Start b. Step 2 - One year from anniversary date. If an employee successfully passes probationary period. c. Step 3 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 3 until performance is rated Meets Expectations or higher. d. Step 4 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 4 until performance is rated Meets Expectations or higher. e. Step 5 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 5. f. Step 6 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 6. Employees whose competency level and/or performance are rated Below Expectations may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota this 9th day of December 2014. Debbie Goettel Mayor ATTEST: Elizabeth Vanhoose City Clerk (Revised 12-2014) GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS 1 Office Aide Non -Exempt Data Entry Operator Non -Exempt Switchboard -Receptionist Non -Exempt 2 Community Development Technician Non -Exempt Community Service Officer Non -Exempt Custodian Non -Exempt Investigative Clerk Non -Exempt Lead Liquor Clerk Non -Exempt Licensing Clerk Non -Exempt Planning Technician Non -Exempt Police Cadet Non -Exempt Senior Office Aide Non -Exempt 3 Accounting Clerk Non -Exempt Community Development Assistant Non -Exempt Facility Operations Assistant Non -Exempt Environmental Health Specialist Non -Exempt Lead Licensing Clerk Non -Exempt Leased Housing Assistant Non -Exempt Secretary Non -Exempt Utility Billing Clerk Non -Exempt 4 Administrative Aide Non -Exempt Assessment Clerk Non -Exempt Deputy City Clerk Non -Exempt Information Technologies Help Desk Technician Non -Exempt Records Technician Non -Exempt 4SNE Administrative Aide (Closed as of 1-1-12) Non -Exempt 5 Engineering Technician Non -Exempt GIS Analyst/IT Technician Non -Exempt Housing Specialist Part-time Non -Exempt Information Technologies Technician Non -Exempt Recreation Supervisor Part-time Non -Exempt 5E Administrative Aide/Analyst Exempt Code Compliance Specialist Exempt Crime Prevention Program Coordinator Exempt Economic Development Coordinator Exempt Executive Coordinator Exempt Media Coordinator Exempt Multifamily Housing Program Coordinator Exempt Natural Resources Coordinator Exempt Naturalist Exempt Payroll Accountant Exempt Records Supervisor Exempt Recreation Supervisor Exempt 6 Civil Engineer Non -Exempt Network Administrator Non -Exempt Project Civil Engineer Non -Exempt Trade/Building Inspector or Trade/Electrical Inspector Non -Exempt 6E Accountant Community Development Accountant Exempt Exempt RESOLUTION NO. RESOLUTION RELATING TO THE 2015 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for Management employees from time -to -time; and WHEREAS, the City administration has prepared a 2015 pay plan for position classifications for Management employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2015 the following pay plan, which is to be effective the first full pay period of January 2015, and subject to all applicable provisions of the personnel policy and City Code: MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M -L YR 58,822.40 67,184.00 75,462.40 MO 4,901.87 5,598.67 6,288.53 BW 2,262.40 2,584.00 2,902.40 HR 28.28 32.30 36.28 M-1 YR 67,246.40 76,897.60 86,444.80 MO 5,603.87 6,408.13 7,203.73 BW 2,586.40 2,957.60 3,324.80 HR 32.33 36.97 41.56 M-2 YR 76,564.80 87,505.60 98,467.20 MO 6,380.40 7,292.13 8,205.60 BW 2,944.80 3,365.60 3,787.20 HR 36.81 42.07 47.34 M-3 YR 83,449.60 95,388.80 107,265.60 MO 6,954.13 7,949.07 8,938.80 BW 3,209.60 3,668.80 4,125.60 HR 40.12 45.86 51.57 M -4L YR 85,508.80 97,697.60 109,907.20 MO 7,125.73 8,141.47 9,158.93 BW 3,288.80 3,757.60 4,227.20 HR 41.11 46.97 52.84 M-4 YR 92,019.20 105,102.40 118,227.20 MO 7,668.27 8,758.53 9,852.27 BW 3,539.20 4,042.40 4,547.20 HR 44.24 50.53 56.84 M -5A YR 99,382.40 112,923.20 126,880.00 MO 8,281.87 9,410.27 10,573.33 BW 3,822.40 4,343.20 4,880.00 HR 47.78 54.29 61.00 M-513 YR 102,793.60 117,457.60 132,163.20 MO 8,566.13 9,788.13 11,013.60 BW 3,953.60 4,517.60 5,083.20 HR 49.42 56.47 63.54 Y m a C N C Q. E O U tm R C ns s O L s H C O .N (n w L O L- a. a E O Z C: o a) s � m > � O U E -0 0,0 U O - O '� Z _0MF O E " L �✓ O ^ m a) A�, O O C6 O i U 0 0 a U 0 a �oa)CD c6 0 r C L (/) �� Nr O O 2 O v a) =5�_ > O O 4- W M u) cz (! U cu E— 0 Z 0 �C:�L .E- a mM �Z > 0 a) C:) O O Co � O_N O O d a> m UM .� a 0 0 CL)r E 0 L O a) L m Z� U O o c.0 CL^>♦ 0 O N a Za O LO L L .- L >> Q L[i i r o 0 0 (A LCA "- o u) m m o Q O r z 0 E� O 0 L Qz�m a Eoc� —>E a) _ a) Q 0 i Z CY U 0 0 c a) 0 �0� a m>Q�� G U)i�� O (6 0 O m L O L ^ c6 O N O m o c6 w 0 0 LO ,c �0�� wooro�0 �— 0 ZLOcO ' 0 O E O Q� -En O mcorLOzz a) E E 0 E — W c� o i L • � Q E o LU a � L' Z �mam_� 0 2Z o E 0 LF U U 0 �� 0 �o U"r >, 0) U) >'� o Q U 0 0 0 WO CO c6 +J �0 O 0 a' _ 0+= 0 U d M o > u U) cn= mo 0 L 0 U) j m M �73 o E om 0QcnzD WE Y 0 U 0 U) O O C ca Cl) 0 LU s M N Q w MANAGEMENT POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS M -L Liquor Store Manager Exempt M-1 Assistant HR Manager Exempt City Clerk Exempt Facility/Program Manager Exempt Planner Exempt Utilities Supervisor Exempt Support Services Supervisor Exempt M-2 Assistant Utility Superintendent Exempt Chief Building Official Exempt Community Development Manager Exempt Operations Manager Exempt (Parks/Fleet, Gov't Buildings) Transportation Engineer Exempt M-3 Assistant Fire Chief Exempt Housing & Redevelopment Manager/ Assistant Community Development Director Exempt Information Technologies Manager Exempt Operations Superintendent Exempt Utilities Superintendent Exempt M-41- Liquor Operations Director Exempt M-4 Assistant City Manager/HR Manager Exempt Assistant Public Works Director/City Engineer Exempt Deputy Public Safety Director Exempt M -5A Finance Manager Exempt Fire Services Director/Fire Chief Exempt Recreation Services Director Exempt M-513 Community Development Director Exempt Public Safety Director/Police Chief Exempt Public Works Director Exempt (Rev. 12-14) RESOLUTION NO. RESOLUTION RELATING TO THE 2015 SPECIALIZED PAY PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides that the pay grades, the number of steps or range of each pay grade, the compensation rates in each pay grade and the method of normal progression through the pay grade be established by Council resolution; and WHEREAS, the City administration has prepared a 2015 pay plan for the positions for which there are no essentially similar position classification in other regular pay plans. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2015 the following pay plan which is to be effective the first full pay period of January 2015 and subject to the provisions of the personnel policy and City Code: EFFECTIVE THE FIRST FULL PAY PERIOD OF JAN 2015 SPECIALIZED PAY PLAN INTERMITTENT AND SEASONAL Pay Grade Step 1 Step 2 Step 3 Step 4 SP1-E/NE HR SP2-E/NE HR 9.20 9.66 SP3-E/NE HR 9.04 9.46 9.97 10.46 SP4-E/NE HR 9.76 10.27 10.77 11.30 SP5-E/NE HR 10.51 11.10 11.59 12.20 SP6-E/NE HR 11.40 11.98 12.54 13.19 SP7-E/NE HR 12.29 12.91 13.54 14.21 SP8-E/NE HR 13.27 13.95 14.62 15.36 SP9-E/NE HR 14.34 15.08 15.79 16.58 SP10-E/NE HR 15.52 16.27 17.11 17.98 SP1 1-E/NE HR 16.68 17.57 18.45 19.35 SP12-E/NE HR 18.09 18.94 19.88 20.93 SP13-E/NE HR 19.37 20.41 21.46 22.56 Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to received increases to the next higher -grade step based on individual performance and the following progression: Step 1 - Start Step 2 — Minimum 500 hours worked per year from anniversary start date or two years from anniversary date Step 3 — Minimum 500 hours worked per year from anniversary date or two years from last increase. Step 4 — Minimum 500 hours worked per year from anniversary date or two years from last increase Passed by the City Council of the City of Richfield, Minnesota this 9t" day of December 2014. Debbie Goettel Mayor /_IaIONM Elizabeth Vanhoose City Clerk 1 E Cross Walk Attendant E Pool Supervisor E Student Intern NE Video Production Assistant 2 10 NE Engineering Aide 3 NE Bike Patrol Officer 11 NE Community Relations Coordinator E Facility Rental Attendant NE Winter Sports Attendant 12 E Pool Coordinator E Cashier/Concession 13 NE Utility Billing Assistant 4 NE Arena Event Attendant NE Dance Coordinator & Skate Instructors Coordinator NE Building Inspector NE Recreation Attendant NE Figure Skating NE Hockey (Arena) 5 NE Custodian NE Housing & Redevelopment Tech. NE Professional Intern NE Sports Official NE Survey Crew Person NE Substitute Naturalist NE Adaptive Leader/Specialist NE Dance NE Lead Concession E Cross Country Ski NE Teen Leader E Hockey (outside) E Lifeguard E Tennis E Outdoor Skating/Warming House E WSI Supv E Playground Leader OTHER Instructor's Range: $5.75 - $50 6 NE Receptionist Election Judge $10.00 NE Liquor Sales Associate Election Co -Chair $12.00 NE Building Attendant Election Chairperson $13.00 7 NE Accounting Clerk NE=Non-Exempt, may work up to 40 NE Construction Specialist hours per week without overtime pay. NE Housing Intern E -Exempt may work up to 48 hours per NE Ice Resurfacer Operator week without overtime pay. NE Maintenance Laborer All Pool positions Concessions. are exempt from overtime, even NE Naturalist I All Playground and outdoor Rink positions are exempt. All Community Center, Wood Lake Nature Center, Ice Arena and Maintenance positions are non-exempt. 8 NE Adaptive Coordinator (Revised 12-14) NE Clerk Typist - Int. & Substitute NE Construction Inspector NE Farmers Market Coordinator NE Publication Supervisor NE Teen Coordinator E Maintenance Technician E Playground Coordinator E Tennis Coordinator E Summer Food Program Coord. 9 NE Community Development Tech. NE Administrative Services Clerk RESOLUTION NO. RESOLUTION ESTABLISHING 2015 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 10882 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Section 1. - Establishing Fees. A. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be as stated in the sections of this Resolution. B. A period of no less than 30 days will be allowed for the remittance of City Business license renewal fees contained in Sections 5, 6, 7, 8 and 9 of this resolution. C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 5, 6, 7, 8 and 9 of the resolution if not received by the City on or before December 31st of each year. The 10% surcharge will be based upon the cost of the license. D. Nothing in this section shall be deemed to require the City to issue or renew any license for which the fee has not been paid in a timely manner. Section 2. - Construction and Related License Fees. Type of Permit or License (1) Heating and Ventilating Installer (2) Sign Installer (3) Electrical Installer (4) Plumber (5) Well Driller Section 3. - Public Works Fees. Section Description Fee Requiring 400.07 1 1 Year 1$ 80.00 416.01-416.13 1 1 Year 1$ 80.00 400.03-400.09 IState License Required 400.03-400.09 IState License Required 620 IState License Required Type of Permit Section Description or License Requiring (1) Benches78005.27 5.01— First Year Page 1 (5) Seasonal a) Per load $ 25.00 Load Limit Exemption b) If applied for after delivery $ 50.00 (6) Obstruction 802.17 (a) Short term, temporary single lane closure of less No fee Permit than four hours (b) Lane closures longer than four hours' duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial Day (per block or portion thereof) $ 60.00 Full Closure (per block or portion thereof) $ 300.00 Collector Page 2 Renewal $ 30.00 (2) Boulevard 811.07 a) Application to place a privately owned feature in $ 30.00 feature Permit the boulevard b) If applied for after installation of feature has $ 60.00 begun (3) Excavation 800.01— a) For each transverse excavation and each 100 $ 125.00 in Public Right of 800.15 feet or portion thereof longitudinal excavation and for way each 100 feet of curb and gutter or portion thereof installed or driveway apron installed, except when survey and grade stakes are set by City b) If applied for after excavation has begun $ 250.00 c) For each pothole $ 20.00 (4) Forestry only to trees on City property and public $ 50.00 810Applies Permit ROW (5) Seasonal a) Per load $ 25.00 Load Limit Exemption b) If applied for after delivery $ 50.00 (6) Obstruction 802.17 (a) Short term, temporary single lane closure of less No fee Permit than four hours (b) Lane closures longer than four hours' duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial Day (per block or portion thereof) $ 60.00 Full Closure (per block or portion thereof) $ 300.00 Collector Page 2 Page 3 Day (per block or portion thereof) $ 30.00 Full Closure (per block or portion thereof) $ 75.00 Local/Residential Day (per block or portion thereof) $ 15.00 Full Closure (per block or portion thereof) $ 45.00 Sidewalk/Bike Lanes Day $ 30.00 If applied for after obstruction closure has begun (c) Short term, temporary single lane closure less than four hours (d) Lane closures longer than four hours' duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial Day (per block or portion thereof) Full Closure (per block or portion thereof) Collector —7 Day (per block or portion thereof) Full Closure (per block or portion thereof) Local/Residential —7 Day (per block or portion thereof) Full Closure (per block or portion thereof) No fee $ 120.00 300.00 60.00 150.00 30.00 90.00 Page 3 Sidewalk Day $ 60.00 If the closures are not removed by the permitted completion date, then additional Days will be charged at double the rate (7) Noise 930.35 (a) With conditions added as required $ 50.00 Ordinance Exemption (b) If applied for after violation $ 100.00 (8) Certification 705.03— All delinquent accounts $ 50.00 Charge 705.21 (9) NSF Check $ 50.00 Charge Utility Services Sanitary Sewer 1700.05 J All land uses New Service $ 125.00 Repair $ 125.00 Disconnect $ 125.00 Replacement $ 125.00 Water Service 715.01 All land uses $ 125.00 New Service $ 125.00 Repair $ 125.00 Page 4 Disconnect $ 125.00 Replacement Turn on/off $ 50.00 Meter Installation $ 50.00 Private Hydrant $ 50.00 Storm Sewer 720 All land uses First time applicant to hang street light banners within a district of for an event. Per street light banner installation (no existing hardware) Per street light banner installation if supporting hardware exists on the light pole. Per street light banner removal Permit Renewal: Annually for both decorative and event banners, unless banner design has changed, then full application fee is charged. If annual renewal is not completed, the permittee risks removal of all banners at the permittee's expense. New Service $ 125.00 Repair Disconnect Replacement (11) Street Light Banners $ 125.00 $ 125.00 855.05 $ 125.00 $ 50.00 $ 20.00 $ 10.00 $ 10.00 $ 10.00 Page 5 Section 4. - Fire Services Fees. Type of Permit Section or License Requiring (1) Fire Prevention 400.21— Code 400.29 (2) Daycare/Adult Foster Care Facility Inspection (3) Reimbursement Fee for Fire/Rescue Unit (4) Sale of Consumer 1131 Fireworks Description Fee For initial fee required under code Per Year $ 70.00 For each additional fee required $ 15.00 undercode Penalty If not renewed within 2 months of notification Per Year $ 50.00 $ 50.00 Per Hour 1$ 325.00 (a) License per location selling only consumer fireworks Per Year 1$ 350.00 (b) License per location of each other retail seller Section 5. - Amusement and Recreation Licenses and Permits. Type of Permit Section Description or License Requiring (1) Arcade 11105 1 1 Year Per Year J$ 100.00 Fee $ 512.00 Page 6 (2) Amusement Device 1100.01 (a) Mechanical Amusement $ 15.00 Device 1 Year (Pinball) (b) Mechanical Music Box 1 $ 15.00 Year (c) Video Games 1 Year $ 15.00 (3) Lawful Gambling 1100.13 Bingo, Tipboard, Paddle Wheel, Raffle, Pull Tabs (a) Lawful Gambling Permit 1 $ 100.00 Year (those exempt from State Licensure) (State Statute 349.213) (b) Lawful Gambling $ 100.00 Investigative 1 Year Fee (State Statute 349.16) STATE LICENSE REQUIRED (4) Itinerant Place of 1100.05— 1 Day $ 275.00 Amusement 1100.11 (5) Public Dance 1110.03 For each day dances are held: $ 3.00 1 month: $ 45.00 No fee for locations holding tavern licenses. (6) General Amusement 1100.03 (a) Billiard, Pool or $ 15.00 Pigeonhole 1 Year table (each) 1. Coin operated 1 Year $ 15.00 (b) Bowling Alley (per lane) Page 7 Page 8 1 Year $ 43.00 (c) Circus 1 Year $ 202.00 (d) Dance Hall 1 Day $ 202.00 (e) Golf 1. Miniature 1 Year $ 47.00 2. Driving Tee 1 Year $ 47.00 (f) Mountback 1 Day $ 193.00 (g) Rides, mechanical/animal of any 1 Year kind (ea) (h) Shows, any kind 1 Day (i) Shuffleboard (each lane) 1 Year Other games 1 Day 1 Year a notice publication fee or portion thereof 1 Year fee 1 Year Certificate fee 1 Year fee 1 Year $ 15.00 $ 193.00 $ 16.00 15.00 $ 45.00 F(7) Musical Concert 1110.01 7erevent F(8) Theatre Cinema 1120 FPlus F(9) Roller Rink 1115 -ear (10) Commercial Adult- 605 Oriented Enterprises FInvestigation F1 1) Masseur/Masseuse 605 FInvestigation $ 215.00 $ 7.00 $ 215.00 $ 2,555.00 $ 2,555.00 $ 85.00 $ 215.00 Page 8 (12) Public Baths 1610 11 Year 1$ 2,960.00 Investigation fee (actual cost $ 2,960.00 minimum) (13) Fortune Teller and 1130.05— 1 Day $ 172.00 related trade 1130.07 1 Week $ 510.00 1 Month $ 1,019.00 1 Year $ 1,704.00 (14) Adult Establishments 11196 jAnnual license 1 Year 1$ 2,555.00 Section 6. - Animal Licenses and Permits. Type of Section Description Permit or License Requiring (1) Animals 905.01- 905.29 905.31- 905.33 Investigation fee (new license) $ 2,555.00 (a) Animals (Spayed or Neutered) with 1 Year option to purchase a multi-year license (b) Animals (Not Spayed or Neutered) 1 Year (c) Duplicate Animal License (d) Late Penalty (e) Commercial Kennel 1 Year (f) Residential Kennel 1 Year (g) Veterinary Fee $ 15.00 $ 25.00 $ 7.00 $ 10.00 $ 217.00 $ 164.00 $ 217.00 Page 9 Section 7. - Vehicle and Transportation License and Permit Fees. Type of Permit 905.37— 905.39 (h) Pigeons 1 Year $ 43.00 or License 905.41 (i) Non-domestic Animals (Temporary Permit) $ 30.00 (1) Aircraft 905.01— 905.29 Q) Impounding (each animal) 1st time $ 64.00 (2) Garbage and 601.01— 2nd Time 3rd time (each impound after) (k) Dangerous dog registration fee State Statute 347.51) $ 127.00 Refuse Collection 601.33 $ 191.00 $ 500.00 Section 7. - Vehicle and Transportation License and Permit Fees. Type of Permit Section Description Fee or License Requiring (1) Aircraft 1340 1 Day $ 49.00 (2) Garbage and 601.01— Commercial and Residential Refuse Collection 601.33 First vehicle 1 Year $ 255.00 Each additional vehicle 1 Year $ 53.00 (3) Motor Vehicle 1155 Per place of business 1 Year $ 382.00 Dealer Each additional place of business 1 Year $ 145.00 (4) Motor Bicycle 1160 Per place of business 1 Year $ 221.00 Business Per place of business to sell, rent or lease 1 $ 102.00 Year Page 10 Section 8. - Commercial Business and Trade Licenses and Permits. Type of PermitSection Description Fee (5) Sound Truck 1165 Per vehicle 1 Year $ 221.00 (1) Firearms Dealer 920.01— Per vehicle 1 Day $ 34.00 (6) Taxicab (7) Taxicab Driver [(8)Rental or Utility railers and Trucks 1170 1175 1185 First vehicle or auto livery 1 Year $ 552.00 Each additional vehicle or auto livery operated at any time within license period 1 Year 1 Year Each place of business 1 Year $ 69.00 $ 50.00 $ 102.00 Section 8. - Commercial Business and Trade Licenses and Permits. Type of PermitSection Description Fee or License Requiring (1) Firearms Dealer 920.01— 1 Year $ 1,704.00 920.05 (2) Food 617 (A) Type I Establishment, a large 1 Year Establishments high-risk food establishment serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per Day (1) Food service or retail food $ 765.00 establishment (2) School, kindergarten through grade 12 (3) Daycare Center or Preschool (B) Type II Establishment, a small high-risk $ 703.00 $ 562.00 food establishment serving on average Page 11 Page 12 fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day (1) Food service or retail food $ 656.00 establishment (2) School, kindergarten through grade 12 $ 656.00 (3) Daycare Center or Preschool (C) Type III Establishment, a medium risk 437.00 food establishment serving mainly non - potentially hazardous foods and potentially hazardous foods prepared elsewhere and only heated or held cold onsite; or serving or retailing foods such as pizza carryout or delivery, requiring handling followed by heat treatment. (1) Food service or retail food $ 562.00 establishment (2) School, kindergarten through grade 12 $ 282.00 (3) Daycare Center or Preschool $ 282.00 (D) Type IV Establishment, a food establishment with minimal food handling such as preparing coffee, hot dogs, blended or mixed drinks, packaged foods customers heat onsite, continental breakfasts, unpackaged baked goods made elsewhere (1) Food service or retail food $ 366.00 establishment (2) School, kindergarten through grade 12 $ 170.00 (3) Daycare Center or Preschool $ 170.00 Page 12 Page 13 (E) Type V Establishment, a food establishment with non -potentially hazardous food or food products sold in the original packaging (1) Food service or retail food $ 225.00 establishment (2) School, kindergarten through grade 12 (3) Daycare Center or Preschool (F) Supplemental Facility (1) High Supplemental Facility (like Type 1 $ 141.00 $ 141.00 $ 141.00 and II) (2) Medium Supplemental Facility (like $ 112.00 Type III and IV) (3) Catering Supplemental Facility (for $ 170.00 Food Catering Vehicle(s) and equipment) (4) Low Supplemental Facility (like Type V) (G) Temporary Food Establishment _F $ 83.00 (1) Complex Temporary 1 to 3 days (like $ 141.00 J Type I and 11) (2) Complex Temporary 4 to 21 days (like $ 253.00 Type I and 11) (3) Simple Temporary 1 to 3 days (like $ 58.00 Type 111, IV and V) (4) Simple Temporary 4 to 21 days (like $ 136.00 Type 111, IV and V) (H) Farmer's Market Stand (stands not $ 170.00 exempted from licensing in Minnesota Page 13 Page 14 Statue Chapter 28A) (1) Vending Machines (1) Food and beverage (except items in 2) $ 20.00 (2) Nuts, gum balls, hard candy and $ 15.00 unsorted confections (3) Automobile 1125 Per calendar Year or fraction thereof $ 170.00 Washing Establishment F(4) Scavenger 600.25 Each vehicle 1 Year $ 49.00 _T Permit fee for opening cesspool or dumping $ 25.00 contents of each cesspool into City sewer (5) Incinerator 600.01— 1 Year $ 49.00 600.23 (6) Tobacco 1146.01(MS Retail Sale and Distribution -License issued $ 427.00 461.12) on calendar Year (cigarette vending machines prohibited) (Bill No. 1998-19) (7) Transient 1181.01— 1 Day $ 109.00 Merchant 1181.09 F(8) Wagon Peddler 1181 —7 Year $ 256.00 Statehawkeror 1181 6 month/per person covered $ 64.00 dler license F (10) Canvasser or 1181 6 month/per person covered $ 64.00 Solicitor 1 Year (11) Christmas Tree 1130.03 $ 139.00 Sale (A) Hotel/Motel (12) Lodging 618 $ 236.00 Establishments Page 14 (1) Each Guestroom (B) Lodging House, lodging accommodation for 5 or more regular roomers, no food provided (1) Five to 25 beds (2) 26 or more beds, each bed (C) Small Boarding House, food and lodging accommodations for 5 to 10 regular boarders. Food license included. (1) Five to 10 beds (D) Large Boarding House, food and lodging accommodations for 11 or more. A separate food license is required. (1) 11 to 25 beds (2) 26 or more beds, each bed (E) Bed and Breakfast, food license is included $ 16.00 $ 225.00 $ 10.00 $ 225.00 $ 225.00 $ 10.00 $ 225.00 (13) Outdoor 1135 Permit $ 108.00 Merchandising (14) Storage 1135 Enclosure (15) Pawnbroker 11187 Per Enclosure (a) Pawnbroker 1 Year (b) Owner investigation fee 1 Year (nonrefundable) (c) Manager investigation fee 1 Year (nonrefundable) $ 93.00 $ 4,442.00 $ 2,553.00 $ 924.00 Page 15 Page 16 (d) Employee investigation fee 1 Year $ 88.00 (nonrefundable) (e) Transaction fee - per transaction $ 2.00 (16) Secondhand 1186 (a) Secondhand Goods Dealer 1 Year $ 487.00 Goods Dealer (b) Initial investigation fee (nonrefundable) eXGeeding Applicant shall deposit $1,200.00 with $ 2,042.00 Licensing Clerk along with application. Amount in excess of actual application costs shall be refunded. (17) Auto Detailing 1195.017Year $ 380.00 Establishment (18) Tattoo, Body 630 (a) Tattoo, body piercing, body painting $ 851.00 Piercing, Body or body branding 1 Year Painting or Body Branding (b) Initial investigation fee 1 Year $ 2,553.37 (nonrefundable) Per booth (19) Temporary 630 $ 49.00 Tattoo, Body Piercing, Body Branding and Body painting events (20) Massage 1188 Annual license 1 Year $ 850.00 Therapy Enterprise License (Business license) FInvestigation fee (new license) $ 850.00 Page 16 Massage Annual license 1 Year $ 85.00 Therapist (Individual License) FInvestigation fee (new license) $ 85.00 Temporary Per temporary location $ 171.00 Massage Therapist License (21) Public 619 (A) Indoor Swimming Pools (1) First pool $ 225.00 (2) Each additional pool $ 112.00 (B) Outdoor (1) First pool $ 225.00 (2) Each additional pool $ 112.00 F(C) School, K through grade 12, pools (1) First pool $ 146.00 F(2) Each additional pool $ 83.00 PLAN REVIEW FEE FOR FOOD, THERAPEUTIC MASSAGE AND LODGING PERCENTAGE OF FACILITY INVOLVED WILL BE DETERMINED BY STAFF Descriptions: Type I Establishment, a large high-risk food establishment serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per day. Type II Establishment, a small high-risk food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day. Page 17 Type III Establishment, a medium risk food establishment serving mainly non -potentially hazardous foods and potentially hazardous foods prepared elsewhere and only heated or held cold onsite; or serving or retailing foods such as pizza carryout or delivery, requiring handling followed by heat treatment. Type IV Establishment, a food establishment with minimal food handling such as preparing coffee, hot dogs, blended mixed drinks, packaged foods customers heat onsite, continental breakfasts, unpackaged baked goods made elsewhere. Type V Establishment, a food establishment with non -potentially hazardous food or food products sold in the original packaging. Environmental plan review—includes the physical remodeling, updating, equipment replacement, equipment additions and the general overall review of all plans/work. This also includes all new development projects. Section 9. - Liquor and Related License and Permit Fees. Page 18 New Extensive Minor Remodel Non -remodel Construction and/or Remodel 0-24% approval Major Remodel (25-50% of facility) consultation (over 50% of facility) $5,000 or less of facility in costs) involved) Type 1 $2,716.00 $1,416.00 $764.00 $130.00 Type 11 $1,870.00 $1,023.00 $569.00 $130.00 Type 111 $1,023.00 $ 570.00 $340.00 $130.00 Type IV $ 502.00 $ 196.00 $ 99.00 No fee Type V New project or Minor remodel - change of owner - permit but no $ 118.00 plan check fee Therapeutic $ 130.00 $ 130.00 $130.00 $130.00 Massage Lodging $2,263.00 $1,217.00 $634.00 $130.00 Section 9. - Liquor and Related License and Permit Fees. Page 18 Type of Permit Section Description Fee or License Requiring (1) 3.2 Malt Liquor 1202.05 (a) On-Sale 1 Year $ 912.00 (b) Tavern (dance) 1 Year $ 745.00 (c) Wholesale 1 Year (d) Off-Sale 1 Year (e) Club (Bottle Club) 1 Year $ 44.00 $ 264.00 $ 603.00 (f) Temporary per event $ 67.00 (a) On-Sale 1 Year $ 15,036.00 (2) Liquor 1202.05 (b) Sunday (Fee set by state law) 1 $ 200.00 Year (c) Wine 1 Year 1,325.00 (d) Veterans' Organization 1 Year $ 863.00 (Ex-Sunday) (e) Temporary per event $ 137.00 (3) Employee License 1208.01 Effective 10/1/95 all licenses issued shall $ 37.00 On-Sale Liquor be valid for a period of two Years from the Establishments date of initial application (4) Investigation (a) On-Sale liquor including Veterans' $ 824.00 7202.01— 202.21 Organization and each person shown on applications $ 247.00 Each additional investigation for each $ 247.00 person not listed on original or renewal application Page 19 Section 10. - Housing Inspection and Rental License Fees. Type of Permit 1202.11 (b) Wine - r,riginol onnliGatinn Initial Coo nr aGt al nnc#c in eXGess of above with $ 824.00 or License Requiring total foo Ret to exE;eed and and (1) License for 405 Renewal AppliGatien Fee $ 247.00 Apartment Each person shown on application Each unit Addotienol !RyestigatieR , inner 120 $ 247.00 Rental Homes a Each additional investigation for each person not listed on original or $ 145.00 renewal application $ 103.00 1202.11 Investigation of substitute manager Section 10. - Housing Inspection and Rental License Fees. Type of Permit Section Description Fee or License Requiring (1) License for 405 (a) Apartment House 1 Year $ 145.00 Apartment Each unit $ 15.00 Houses and Rental Homes (b) Rental Home - single family $ 145.00 dwelling 1 Year (c) Duplexes/double bungalows/townhouses/ condominiums First unit 1 Year $ 145.00 Each additional rental unit 1 Year $ 85.00 (d) Late Fee — To be charged each $moo month the license is late 10% of the annual license fee, with a minimum monthly fee of $50 and a maximum Page 20 Page 21 monthly fee of $500, charged each month the (e) License Transfer Fee fee is late $ 50.00 (f) Reinstatement of suspended license 100% of license fee (minimum $80.00) (g) Reinstatement of Revoked license 200% of (h) Re -Inspection Fee 1. multi -family license fee $80.00 for each building with 4 to 11 units $100 for each building with 12 or more units 2. single family & duplex $50.00 ea. (Inspection over standard 2 inspections) Reinspection fees shall be payable at the time of license renewal and no renewal license shall be issued unless all inspection fees are paid (i) Provisional license for apartment $ 290.00 house - Includes first unit Each additional unit $ 30.00 Provisional license for $ 290.00 Rental 1 Year Home—single family dwelling Provisional license for duplex $ 290.00 Page 21 Section 11. - Miscellaneous Fees. Type of Permit Section or License Requiring (1) Permit to 1190 reside (2) Permit to Carry a Gun (3) False Alarms (billable) Description In motel for more than six Months Permit Issued By County (a) in excess of 2 for calendar Year Page 22 First unit Each additional unit $ 170.00 (j) Investigation fee for operating a $ 500.00 rental property without a license (2) Certificate of 405.26 Single family home (includes one $ 150.00 Housing reinspection) maintenance Compliance 2 -family home (includes one _ $ 230.00 reinspection) Condominium (includes one $ 100.00 reinspection) Reinspection Fee 50.00 Fee to process cash escrow agreement 50.00 Fee to process Agreement to Comply 50.00 (3) Permit Fee 405.19 1 Year $ 170.00 for Rooming House Section 11. - Miscellaneous Fees. Type of Permit Section or License Requiring (1) Permit to 1190 reside (2) Permit to Carry a Gun (3) False Alarms (billable) Description In motel for more than six Months Permit Issued By County (a) in excess of 2 for calendar Year Page 22 Page 23 (b) in excess of 10 for calendar Year $ 200.00 (c) in excess of 20 for calendar Year $ 300.00 (4) Nuisance Conduct Fee 925 Third call to a property for nuisance conduct within a 365 -day period $ 250.00 (5) Copying Services Provided Flat rate (per page) Special rate (a) Black & White Photocopy rate 8.5 x 11 (per side) 8.5 x 14 (per side) MN Statute 13.03C 11 x 17 (each) 24 x 36 (each) X -large Color Photocopy rate 8.5 x 11 (per side) 8.5 x 14 (per side) 11 x 17 (each) 24 x 36 (each) X -large (b) Labor $ .25 $ .25 $ .25 $ .50 $ 2.50 $ 2.50 $ 1.00 $ 2.00 $ 4.00 $ 18.00 $ 3.00 sq./ft. hourly Page 23 wage & 33% (c) Postage prevailing rate (d) Fax per page $ .50 (e) CD of meeting (per CD) $ 5.00 (f) DVD of meeting (per DVD) $ 15.00 (g) Electronic copies (cd or disk) $ 5.00 (h) As builts (per image) $ .50 (6) Notary Fee Fee Set By State (7) Candidate City $ 25.00 Filing Fee Charter 4.04 (8) Photo Fee Includes 2 photos $ 16.00 including tax (9) Assessing Special Abatement for Filing Homestead $ 25.00 Fees Special Assessment Searches - One free property identification number (PID) search per Day - if more than one search per Day (per search) $ 3.00 Special Assessment Search Report - per PID 1$ 15.00 Creation of New or Special Report Page 24 Page 25 - Fees to be based on time and materials to create report - Minimum Fee $ 25.00 Review of Comparable Property Records Residential Field Card Report $ .25 - for up to five comparable properties (per copy) Commercial/Industrial/Apartment Field Card Report (per copy) $ 2.00 Certified Card Report r- (10) Domestic Registration $ 30.00 120 Partnership (11) Certified To certify documents i.e. resolutions, ordinances, $ 5.00 copy of various minutes, registration forms, etc. on file (per copy) documents (12) Vacant 925 Single Family Home or Duplex - Vacant less than $ 100.00 Building one Year Registration Fee Single Family Home or Duplex - Vacant one Year $ 200.00 or longer Any other type of property of less than 20,000 $ 500.00 square feet in building size AND less than 1 acres of lot size - Vacant less than one Year Any other type of property of less than 20,000 $ 1,000.00 square feet in building size AND less than 1 acres of lot size - Vacant one Year or longer Any other type of property larger than 20,000 $ 1,250.00 square feet in building size OR more than 1 acres Page 25 Section 12. - Room and Park Shelter Rental Fees. LOCATIONDESCRIPTION of lot size - Vacant less than one Year FEE Richfield Municipal Center Bartholomew Room Any other type of property larger than 20,000 $ 2,500.00 square feet in building size OR more than 1 acres Resident groups $ 100.00/Hr (2 hour minimum) of lot size - Vacant one year or longer Section 12. - Room and Park Shelter Rental Fees. LOCATIONDESCRIPTION FEE CLASSIFICATION FEE Richfield Municipal Center Bartholomew Room Civic and non-profit groups and other governmental agencies $ 75.00/Hr (2 hour minimum) Resident groups $ 100.00/Hr (2 hour minimum) Non -Resident and mal other $500.00/ u^ G 4T,rs. 4 hour block groups Civic and non-profit groups and other governmental agencies Richfield Municipal Center Heredia Room $ 65.00/Hr (2 hour minimum) Resident groups $ 80.00/Hr (2 hour minimum) Non -Resident and Q $400.00/ u^ a 4Tr_s. 4 hour block groups Richfield Municipal Center Fred Babcock Room Civic and non-profit groups and other governmental agencies $ 65.00/Hr (2 hour minimum) Resident groups $ 80.00/Hr (2 hour minimum) Page 26 Page 27 Nnn_C?osirdent and GernmerGial greups $200 001 p to 4 Hrs $375 001 p do 8 Hrs Richfield Augsburg Room Non -Profit $ 31.00/Hr Community Center Fireside Room Nicollet Room Resident Private $ 36.00/Hr Ruth Johnson Room Non -Resident: Private $ 41.00/Hr Combined Non -Profit $ 56.00/Hr Nicollet/Augsburg or Richfield Room Resident: Private $ 69.00/Hr Non -Resident: Private $ 79.00/Hr All Renters $ 28.00/booking Kitchen Free with combined Nicollet/Augsburg room rental $ 32.00/Hr Wood Lake Nature jAuditorium Non -Profit Center Resident: Private $ 42.00/Hr Non -Resident: Private $ 47.00/Hr Emily Day Pavilion Resident $ 107.20/4 hour block Non -Resident $ 111.86/4 hour block Augsburg Park Park Buildings Resident $ 24.24/Hr Christian Park (not all are available Donaldson Park- every year) East Non -Resident $ 28.90/Hr Jefferson Park Madison Park Taft Park -North & South Washington Park T Fairwood Park Open Picnic Shelters Resi dent $ 35.42/4 hour block Monroe Park Page 27 Augsburg Park Non -Resident $ 40.08/4 hour block Sheridan Park Open Picnic Shelter Resident $107.20/4 hour block Non -Resident $111.86/4 hour block Veterans Park Open Picnic Shelter Resident Day: 4 -Hour Block 1 Section: $ 107.20 2 Sections: $184.00 3 Sections: $255.00 Resident Evening: 3- 1 Section: $ 80.00 Hour Block 2 Sections: $137.00 3 Sections: $194.00 1 Section: $111.86 Non -Resident Day: 4- 2 Sections: $190.00 Hour Block 3 Sections: $262.00 1 Section: $ 86.00 2 Sections: $144.00 Non -Resident Evening: 3 Sections: $201.00 3 -Hour Block Athletic Fields Premium Baseball Resident $ 40.00/hr Fields: Donaldson, $200.00/day (first 8 hrs) Roosevelt Non -Resident $ 60.00/hr $300.00/day (first 8 hrs) Premium Softball Fields: Resident $ 22.00/hr Lincoln, Taft $110.00/day (first 8 hrs) Non -Resident $ 32.00/hr $160.00/day (first 8 hrs) General Resident $ 16.00/hr Baseball/Softball Fields: $80.00/day (first 8 hrs) All other baseball/softball fields Non -Resident $ 32.00/hr $160.00/day (first 8 hrs) $ 47.00/hr Soccer/Football Fields: Resident Page 28 Christian, Donaldson, $250.00/day (6 hrs Taft, Washington max) $ 69.00/hr Non -Resident $370.00/day (6 hrs max) Broom balI/Hockey All broom ball/hockey Resident $ 15.00/hr Rink rinks Non -Resident $ 17.00/hr Tennis Courts All parks Resident $ 5.00/court/hr Non -Resident $ 6.00/court/hr Open Space All parks Resident $ 12.00/hr Non -Resident $ 14.00/hr Athletic Facility Softball field, baseball All renters $ 27.00/hr Light Use field, soccer field, football field, hockey rink, tennis complex Passed by the City Council of the City of Richfield this 91" day of December, 2014. Debbie Goettel ATTEST: Elizabeth VanHoose City Clerk Mayor Page 29 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: ITEM FOR COUNCIL CONSIDERATION: AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 38. STAFF REPORT NO. 255 CITY COUNCIL MEETING 12/9/2014 Steven L. Devich, City Manager Steven L. Devich, City Manager N/A Steven L. Devich Summary review of City Manager annual performance evaluation for 2014 and consideration of a resolution amending employment agreement between City of Richfield and City Manager Steven L. Devich for 2015. EXECUTIVE SUMMARY: Each year the City Council conducts a review of the City Managers performance for the previous year. The review considers the performance of the City Manager and the organization as measured against the goals and expectations of the City Council. Such performance evaluations are conducted in closed session pursuant to MN State Statutes and summarized in an open meeting. Both the closed session and the open meeting summary are scheduled for this evenings meeting. In addition to the performance evaluation, the City Council also takes this opportunity to review the City Managers salary and benefits to make any adjustments that may be warranted. RECOMMENDED ACTION: . Provide a summary review of the City Manager's performance evaluation for 2014 and; . By motion: Adopt a resolution amending the employment agreement between the City of Richfield and City Manager Steven L. Devich for 2015. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT: The City Council has conducted a performance review of the City Manager for 2014 and must now, per State Statute, make a summary report of the outcome of that evaluation. In addition, the City Council has reviewed the compensation of the City Manager and has made a conclusion concerning the City Manager's employment agreement. B. POLICIES (resolutions, ordinances, regulations, statutes, exc): • The City Manager is given an evaluation by the City Council each year as part of the City Manager's contract. • As part of the evaluation process, a review of the City Manager's compensation package is also performed each year. • As compensation comparisons, salaries of City Managers in comparable cities are considered, as is the base salary structure adjustments of other City employees. • City Manager Devich's annual performance evaluation has previously, been scheduled to be conducted in the first quarter of each year. • The evaluation has been scheduled for December 9 because all Council Members will be present. D. FINANCIAL IMPACT: • The City Manager's base pay adjustment has historically been the same as those given to other City employee groups. • Other City employee groups are scheduled to receive a 2.25% base pay adjustment that will be effective the first full pay period of January 2015. E. LEGAL CONSIDERATION: The City Manager's contract with the City requires that an annual performance evaluation be conducted. ALTERNATIVE RECOMMENDATION(S): The City Council may defer the compensation portion of this review to a future meeting. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type D Resolution Resolution Letter RESOLUTION NO. RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND STEVEN L. DEVICH, CITY MANAGER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The following section of the Employment Agreement between the City of Richfield, Minnesota and Steven L. Devich, City Manager, dated February 2005 is amended as follows: Section 5. Sala A. Employer agrees to increase the City Manager's total base annual salary of $ 151,590.40 to $ , effective January 1, 2015. Approved by the City Council of the City of Richfield this 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk