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12-09-08 agendar: Call to order COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA Roll call CITY OF RICHFIELD, MINNESOTA TUESDAY, DECEMBER 9, 2008 REGULAR CITY COUNCIL MEETING INTRODUCTORY PROCEEDINGS 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. Notes: Pledge of Allegiance Approval of .minutes of (1) Special City Council Meeting of November 20, 2008 and (2) Regular City Council Meeting of November 25, 2008 PRESENTATIONS 1. Introduction of recently promoted Public Safety/Police staff 2. Richfield Foundation awarding of grants COUNCIL DISCUSSION f' 1 U 3. Council discussion • Update on transportation project, including 66th Street and Portland Avenue Intersection Project (Council Memo No.-201) • Hats Off To Hometown Hits Notes: AGENDA APPROVAL 4. Council approval of agenda • CONSENT CALENDAR 5. 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 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 approval of resolution appointing Patti Sterbuck to Richfield Tourism Promotion Board for three-year term ending December 31, 2011 S.R. No. 289 B. Consideration of approval of authorizing acceptance of donations from Residential Mortgage. Group "Refer-A-Friend" program to be used by City of Richfield Fire Services and Public Safety/Police Departments S.R. No. 290 C. Consideration of approval of resolution authorizing Public Safety Department acceptance of grant from State of Minnesota, Commissioner of Public Safety, State Patrol Division for payment of overtime for officers involved in Operation NightCAP traffic enforcement S.R. No. 291 D. Consideration of approval of resolution granting amendment to planned unit development, final development plan and conditional use permit to allow. Department of Veteran's Affairs to operate adult daycare serving up to 35 persons at 6636 Cedar Avenue S.R. No. 292 E. Consideration of approval of resolution granting conditional use permit to allow 75- foot telecommunication tower for Public Works Department radio communication at City's Water Plant, 6221 Portland Avenue S.R. No. 293 F. Consideration of approval of resolution granting site plan approval for lawn care business at 7524 Lyndale Avenue S.R. No 294 G. Consideration of approval of City Manager's reappointment of Connie Murray and Paul Wasko for two-year terms as Hearing Examiners S.R. No. 295 H. Consideration of approval of resolution authorizing agreement between City of Richfield and Minnesota Department of Transportation for purchase of salt until July 1, 2013 S.R. No. 296 I. Consideration of approval of .award of contract to Graymont (WI), LLC Company for quick lime for water treatment in amount of $156,800 ($112/ton) for 2009 S.R. No. 297 J. Consideration of approval of extending current agreement with Malecha Trucking for lime residual disposal for three-year period (2009-2011) in amount of $63,000/year or $189,000/three years S.R. No. 298 K. Consideration of approval of supplemental agreement No. 2 and four work orders with Shafer Contracting related to 66th Street and .Portland Avenue intersection project S.R. No. 299 Notes: 6. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 7. Public hearings regarding 2009 pawnbroker and secondhand goods dealer license renewals: A. Metro Pawn & Gun, Inc., 7529 Lyndale Avenue S.R. No. 300 B. University Cash Company, LLC d/b/a Avi's Pawn and Jewelry, 6414 Nicollet Avenue S.R. No: 301 Notes: 8. Public hearings regarding 2009 club on-sale and Sunday liquor license renewals: A. -Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food & Drink; 6715 Lake Shore Drive S.R. No. 302 B. Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue S.R. No. 303 Notes: 9. Public hearings regarding 2009 on-sale wine and 3.2 percent malt liquor license renewals: • A. Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue S.R. No. 304 B. Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue S.R. No. 305 C. Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street S.R. No. 306 D. The Noodle Shop-Colorado, Inc., d/b/a Noodles and Company, 7630 Lyndale Avenue S.R. No. 307 E. Naviya's Thai Kitchen, 6345 Penn Avenue S.R. No. 308 F. Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Cafe, 2928 West 66th Street S.R. No. 309 Notes: 10. Public hearings regarding 2009 on-sale intoxicating and Sunday liquor license renewals: A. The Frenchman's, 1400 East 66th Street S.R. No. 310 B. Taco Morales, 2 West 66th Street (cancel) C. Wiltshire Restaurants, LLC, d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue S.R. No. 311 D. Don Pablo's Operating Corp., d/b/a Don Pablos, 980 West 78th Street S.R.. No. 312 E. Paisan Inc., d/b/a Khan's Mongolian Barbeque, 500 East 78th Street S.R. No. 313 F. Champps Operating Corporation d/b/a Champp's Restaurant,-790 West 66th Street S.R. No. 314 G. HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue S.R. No. 315 H. Richfield Hotel Associates d/b/a Ramada Inn; 7745 Lyndale Avenue S.R. No. 316 Notes: RESOLUTIONS 11. Consideration of resolutions approving 2008 Revised/2009 Proposed budget and tax levy and related resolutions " Staff Report No. 317 Notes: OTHER BUSINESS 12. Consideration of submission of two proposals for federal funds under Non-Motorized Transportation Pilot Program Staff Report No. 318 Notes: 13. Consideration of proposal for additional $100,000 work by WSB & Associates for construction inspection of 66th Street and Portland Avenue intersection. project .Staff Report No. 319 Notes: CITY MANAGER'S REPORT 14. City Manager's report • Special City Council Meeting on Wednesday, December 17, 2008 at 6 p.m. Notes: 15. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) -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. Notes: 16.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. • • AGENDA SECTION: CONSENT AGENDA ITEM # 5A REPORT # Z89 STAFF REPORT CITY COUNCIL MEETING n U DECEMBER 9, 2008 REPORT PREPARED BY: REVIEWED BI' CITY MANAGER: STEV~„N L. DEVICH, CITY MANAGER ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding an appointment to the Richfield Tourism Promotion Board. I. RECOMMENDED ACTION: By Motion: Adopt a resolution appointing Patti Sterbuck to the Richfield Tourism Promotion Board for athree-year term ending December 31, 2011. II. BACKGROUND On June 25, 1990, the City Council approved an ordinance to levy a 3% tax on gross receipts of lodging from Richfield Hotels and Motels pursuant to Minnesota Statutes. The establishment of the Richfield Tourism Promotion Board, Inc. (RTPB) and the appointment of directors were also a part of the resolution. Currently, there are five director positions on the RTPB. The term of each appointment is for three years and terms are staggered to maintain RTPB continuity. The current appointments to the RTPB and the ending dates of their terms are as follows: • 1. Russ Susag, representing the Richfield Chamber of Commerce, term ending .December 31, 2008. " 2. Rudy Hanuman, General Manager of Candlewood Suites, term ending December 31, 2009. 3. Raj Bhakta, General Manager of Americlnn, term ended December 31, 2009. 4. Adam Selby, Ramada Inn, term ending December 31, 2009. 5. Vacant, General Manager of Motel 6 1209RTPBSterbuck Russ Susag has been the Chamber of Commerce representative to the RTPB for the past five years. Ms. Susag has informed .the Chamber of Commerce and the RTPB that he does not wish to seek another term on the RTPB. Since Mr. Susag will no longer be a member of the RTPB as of December 31, 2008, that RTPB position will be vacant and should be filled. Patti Sterbuck is a long time member of the Richfield Chamber of Commerce and a business owner/operator in the community since 1984: Ms. Sterbuck has been very active and involved in the Chamber, holding several positions on the Chamber Board including serving as the Board Chair on two separate occasions, each for period of one year. The Chamber of Commerce has requested that Ms. Ster_ buck replace Mr. Susag on the RTPB. III. BASIS OF RECOMMENDATION A. POLICY • The City Council has the authority to make appointments to the RTPB. • The RTPB has typically included a representative from the Richfield Chamber of Commerce. • Ms. Sterbuck is the individual recommended by the Richfield Chamber of Commerce for the RTPB and is interested in the appointment. • B. CRITICAL ISSUES n the RTPB hi i ll h d t h t f C Th Ch b or ca y a a sea o ommerce as s am er o • e and as such, the appointment should be made as soon as possible. C. FINANCIAL • There is no cost to the City. D. LEGAL • The appointment conforms to City Ordinance and bylaws of the RTPB. E. ENVIlZONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could decide not to appoint Mr. Sterbuck to the RTPB. • The City Council could choose to review this matter at a future date. V. ATTACHMENTS • Resolution. Chamber of Commerce letter. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Patti Sterbuck 5A- RESOLUTION NO. RESOLUTION APPOINTING REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of lodging from hotels and motels in the City pursuant to Minnesota Statute Section 169.190; and WHEREAS, Minnesota Statute .Section 169.190 authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center; and WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board, Inc. provide the City Council of the City of Richfield appoint five (5) directors to the Board representing the Richfield hotel-motel properties and the Richfield Chamber of Commerce; and WHEREAS, each director shall serve as a director until his or her successor has been appointed and has qualified, or until his or her earlier disqualification, death, resignation, or removal; and WHEREAS, the term of Russ Susag, the representative from the Chamber of Commerce, will expire on December 31, 2008 and Mr. Susag is not seeking a reappointment to the Richfield Tourism Promotion Board, and WHEREAS, Patti Sterbuck has been recommended for appointment as the new Chamber of Commerce Representative and seeks appointment to the Richfield Tourism Promotion Board, Inc. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Richfield Tourism Promotion Board directors be modified as follows: Appoint Patti Sterbuck, ad the Chamber of Commerce representative to the Richfield Tourism Promotion Board for athree-year term ending December 31, 2011. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ichfield CHAM~B"~E']R OF COMMERCE .J/%J~ • December 2, 2008 The Honorable Debbie Goettel Mayor of Richfield 6700 Portland Avenue South Richfield, MN 55423 Dear Mayor Goettel: The Richfield Tourism Promotion Board (RTPB) has been fortunate the past five years to have Dr. Russ Susag serving as President. In fact, the Richfield Chamber of Commerce has been most ably represented on the RTPB first by Larry Zielke for nine years and Cathy Sulla for three years, and Dr. Susag these past five years. We believe the RTPB has served an extremely valuable service to the community of Richfield. • Due to the decision b y Russ Susag to not seek another term on the RTPB, the Chamber Board of Directors has considered this matter with great care. Fortunately, Patti Sterbuck has agreed to serve a term on the board should the Richfield City Council see fit to appoint her to a three year term. Please accept this letter as a recommendation for 's appointment of Patti to the Richfield Tourism Promotion Board. Y ENT SL:cs cc: Dr. Russ Susag Ms. Patti Sterbuck Mr. Steve Devich • "Serving Richfield Since 1955" 6601 LYNDALE AVENUE SOUTH, SUITE 106 • RICHFIELD, MN 55423 • TELEPHONE (612) 866-5100 www. RichfieldChamberCVB.org AGENDA SECTION: CONSENT • AGENDA ITEM # 5B REPORT # 290 STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 REPORT PREPARED BY: BRAD SVEUM, FIRE SERVICES DIRECTOR Nntirs, 77TLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution accepting several donations from the Residential Mortgage Group "Refer-A-Friend" ro ram to be used to defra art of a ui ment urchase costs in 2008. I. RECOMMENDED ACTION: By Motion: Approve the resolution accepting several donations from the Residential Mort a e Grou "Refer-A-Friend". II. BACKGROUND The Residential Mortgage Group, a regional mortgage brokerage company, has a program in which they will donate $50 to an organization of a new mortgage client's choice. In the past year six people who have bought homes n Richfield using the Residential Mortgage Group as their home mortgage broker have selected the Richfield Police or Fire Department to be the recipient of these donations. The Police Department has been the recipient of $100 and the Fire Department the recipient of $200 through this program. III. BASIS OF RECOMMENDATION • A. POLICY • Minnesota State Statute 465.03 requires all donations to be accepted by resolution of the City Council and adopted by two-thirds majority of its members. 1209RMG • B. CRITICAL ISSUES • This donation aids in reducing the expenditure for Police and Fire operations from the general fund. C. FINANCIAL • There are no costs associated with the acceptance of this donation. D. LEGAL • Minnesota State Statute 465.03 requires all donations to be accepted by resolution of the City Council and adopted by atwo-thirds majority vote of its members. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • • Resolution. VI. PRINCIPAL PARTIES ExPECTED AT MEETING • None. • ~~-1 RESOLUTION NO. • RESOLUTION AUTHORIZING ACCEPTANCE OF DONATIONS FROM THE RESIDENTIAL MORTGAGE GROUP "REFER-A-FRIEND" PROGRAM RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH DONATION AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS WHEREAS, Minnesota Statute 465.03 reads in part. as follows: Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of it's citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, .expressing such terms in full, and WHEREAS, the City of Richfield has been granted the donation as described below, Residential Mortgage Group "Refer-A-Friend" donation of $300.00 to be used by the Fire and Police departments to defray part of the cost to purchase equipment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, • Minnesota, as follows: 1. That the City Council of the City of Richfield hereby accepts the Residential Mortgage Group "Refer-A-Friend" donation in the amount of $300.00 and authorizes the City to administer the funds in accordance with the donation agreements and terms prescribed by the donors. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2008. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • lr~ u AGENDA SECTION: CONSENT AGENDA ITEM # 5C REPORT # 291 ~~- STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 REPORT PREPARED BY: MIKE FLAHERTY POLICE LIEUTENANT NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding an agreement between the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division and the City of Richfield, Public Safety Department, pertaining to Operation Ni htCAP. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acceptance of grant funds from the State of Minnesota, Commissioner of Public Safety, State Patrol Division, to be used for payment of overtime for officers involved in Operation NightCAP traffic enforcement. C7 IL BACKGROUND The Minnesota State Patrol coordinates alcohol enforcement saturations with local police departments throughout the state and has contacted the Richfield Police Department to participate in the periodic saturations for alcohol enforcement in coordination with the State Patrol. The State of Minnesota, Commissioner of Public Safety, has. awarded the Richfield Police Department reimbursements not to exceed $6,765 for overtime to participate in the NightCAP Grant Program. The contract begins October 1, 2008 and expires September 30, 2009. 1209 Resolution Approving Funds for Operation NightCAP III. BASIS OF RECOMMENDATION A. POLICY • Minnesota State Statute 465.03 requires that the City approve a resolution accepting the funds of the grant money. B. CRITICAL ISSUES • The resolution needs to be signed by the Richfield City Council, adopting by two-thirds majority of its members. C. FINANCIAL • The overtime paid to the officers will come from Grant Funds. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could disapprove the resolution, which would void the agreement. V. ATTACHMENTS • Resolution Number VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • ~C-1 RESOLUTION NO. . RESOLUTION AUTHORIZING THE CITY OF RICHFIELD/POLICE TO PARTICIPATE JOINTLY WITH THE MINNESOTA STATE PATROL IN AN AGREEMENT WITH AND TO RECEIVE GRANT FUNDS FROM THE STATE OF MINNSOTA, COMMISSIONER OF PUBLIC SAFETY, TO PAY OVERTIME TO OFFICERS INVOLVED IN OPERATION NIGHTCAP WHEREAS, the City of Richfield/Police would like to sign a contract with the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division; and WHEREAS, the City of Richfield/Police would receive grant funds not to exceed $6,765 for saturated overtime alcohol enforcement in coordination with the Minnesota State Patrol; and WHEREAS, the contract would cover saturated enforcement between October 1, 2008 through September 30, 2009. NOW, THEREFORE, BE IT RESOLVED that Richfield Public Safety/Police will enter into. a grant agreement with the State of Minnesota, Commissioner of Public Safety, State Patrol for the project entitled Operation NightCAP for October 1, 2008 through September 30, 2009. • Public Safety Director Barry Fritz is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Richfield Police Division and to be the fiscal agent and administer the grant. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # ~~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 CONSENT SD:~ 292 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of an amendment to a planned unit development, final development plan and conditional use permit to allow the Department of Veteran's Affairs to operate an adult daycare servin up to 35 persons at 6636 Cedar Avenue. I. RECOMMENDED ACTION: By Motion: Approve a resolution granting an amendment to the planned unit development, final development plan and conditional use permit that will allow daycare services for up to 35 persons at 6636 Cedar Avenue. • II. BACKGROUND The Department of Veteran's Affairs would like to remodel a vacant area of the office building located at 6636 Cedar Avenue (formerly Decision One) into an adult daycare facility that would serve up to 35 persons. The proposed renovations .would convert an existing office suite into a care facility including rooms for doctor and/or nurse examinations and treatment, a media room, an exercise facility and additional activity areas. The proposed renovations are all interior and will not impact the adjacent properties. There is ample parking at the facility to accommodate this new use. 120908 - 6636 Cedar APUD III. BASIS OF RECOMMENDATION A. POLICY Licensed daycare businesses are considered a permitted use within the PC- 2 District. However, the introduction of a new use not included in the final development plans of a planned unit development (PUD) requires that the Council approve an amendment to the final development plans and conditional use permit. All findings necessary for approval of an amendment are met. B. CRITICAL ISSUES • No exterior changes to the building will be made. • The proposed use will remodel space that is currently vacant. • The proposed facilities require seven parking spaces and can be easily accommodated at this location. • On November 24, 2008 the Planning Commission voted unanimously to recommend approval (8-0). C. FINANCIAL • The required amendment application fee has been paid. D. LEGAL • NOTIFICATION: A public hearing was conducted before the Planning Commission on November 24, 2008. Notification of the hearing was provided in accordance with City and State requirements. • 60-DAY RULE: The 60-day clock `started' when a complete application was received on October 30, 2008. A decision must be given to the applicant by December 29, 2008, OR the Council must notify the applicant that it is extending the. deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the requested amendment with a finding that it is not in keeping with the intent of the original planned unit development. V. ATTACHMENTS • Resolution • Site context map • Interior remodeling plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Scott Quiring, AMCON Construction Project Manager ~~~ RESOLUTION NO. RESOLUTION AUTHORIZING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO ALLOW DAYCARE SERVICES FOR UP TO 35 PERSONS AT 6636 CEDAR AVENUE WHEREAS, an application has been filed with the City of Richfield which requests an amendment to the planned unit development, final development plan and conditional use permit to allow daycare facilities serving up to 35 persons on land generally located at 6636 Penn Avenue, legally described as: LOTS 1-10, BLOCK 1, WEXLERS ADDITION, HENNEPIN COUNTY, MINNESOTA. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of the requested amendment at 6636 Cedar Avenue at its November 24, 2008 meeting, and WHEREAS, this requested amendment at 6636 Cedar Avenue meets those requirements necessary for approving a planned unit development as specified in Richfield's Zoning Code, Section 542.09, Subd.3; and WHEREAS, the City has fully considered the request for approval of the amended planned unit development, final development plan and conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the-City Council of the City of Richfield, Minnesota, as follows: 1. An amended planned unit development, final development plan and conditional use permit is issued to allow day care facilities serving up to 35 persons, as described in City Council Letter No. , on the Subject Property legally described above. 2. This amended planned unit development, final development plan and conditional use permit at 6636 Cedar Avenue is subject to the following condition: • That the recipient of this amended planned unit development, final development plan and conditional use permit record this resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. 3. The planned unit development, final development plan and conditional use permit shall remain in effect for so long as conditions regulating it are observed, and shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 547.09, Subdivision 9. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2008. 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I. RECOMMENDED ACTION: By Motion: Approve a resolution granting a conditional use permit fora 75-foot telecommunication tower at 6221 Portland Avenue. II. BACKGROUND Over the past two years, the City has been in process of updating its Supervisory Control and Data Acquisition (SCADA) system. This system is the radio communication equipment that the City uses to monitor the functioning of all utilities. As part of this update, a 75-foot telecommunication tower with antenna was installed at the Water Plant in October 2007. The installation of any telecommunication tower in the City requires a conditional use- permit. This step was inadvertently missed. The Public Works Department is bringing this item before the Council for retroactive approval now to avoid any potential problems in the future. The Planning Commission voted unanimously on November 24, 2008 to recommend City Council approval of this CUP. 120908 - 6221 Portland CUP III. BASIS OF RECOMMENDATION A. POLICY In the single-family residential district (R), telecommunication towers are conditionally permitted on government, school, utility and institutional sites when in conformance with the applicable provisions of Section 544.25 of the zoning code. Normally, proposed towers of this height are required to be designed to accommodate both the applicant's antennas and comparable antennas for at least one additional user. As mentioned above, this system was installed specifically for City communications with the SCADA system. The system allows the Public Works Department to communicate directly with all remote sites, including the two water towers, seven well houses, seven sanitary sewer lift stations and, in the future, the storm water lift stations. This is not a system that the general public or other contractors would have access to. Additionally, the tower that was chosen is a retractable monopole design and only allows for the placement of one antenna on the top of the tower. Placement of additional antennas on the side is not an option due to the retractable nature of the tower. This type of tower was selected to allow for easier maintenance of antenna. equipment. All other requirements related to towers are met. All findings necessary to issue a CUP (547.09, Subd. 6) have been met. a) The proposed use is consistent with the goals, policies and objectives of the city's comprehensive plan. This requirement is met. b) The proposed use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the.proposed.use. This requirement is met. c) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement does not apply. d) The proposed use is or will be in compliance with the performance standards specified in section 544 of the zoning code. This requirement is met. e) The proposed use will not have undue adverse impacts on governmental facilities, utilities, .services or existing or proposed improvements. This requirement is met. f) The use will not have .undue adverse impacts on the public health, safety or welfare. This requirement is met. g) There is a public need for such use at the proposed location. This requirement is met. B. CRITICAL ISSUES • The telecommunication tower in question has already been installed. • The tower is necessary to maintain communication with all remote utility sites throughout the City. The Public Works Department is now aware of the requirement for a conditional use permit (CUP) prior to installation of any other similar equipment. • On November 24, 2008 the Planning Commission voted unanimously to recommend approval, (7-0): C. FINANCIAL The SCADA equipment was installed at significant cost to the City. The monitoring system will not function properly without the tower and antenna. D. LEGAL • NOTIFICATION: A public hearing was conducted before the Planning Commission on November 24, 2008. Notification of the hearing was provided in accordance with City and State requirements. • 60-DAY RULE: The 60-day clock `started' when a complete application was received on November 4, 2008. A decision must be given to the applicant by January 3, 2009, OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. E. ENVIRONMENTAL CONSIDERATIONS N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny a CUP with a finding that the tower has an adverse impact on surrounding properties or the City as a whole. V. ATTACHMENTS • Resolution Site plan Tower design Surrounding land uses VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Robert Hintgen, Assistant Utility Superintendent • ~~~--i RESOLUTION NO. • RESOLUTION .APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 75-FOOT TELECOMMUNICATION TOWER AND ANTENNA AT 6221 PORTLAND AVENUE (CITY WATER PLANT) WHEREAS, an application has been filed with. the City of Richfield which requests a conditional use permit to allow a 75-foot telecommunication tower and antenna at property commonly known as 6221 Portland Avenue (Richfield Water Plant), a portion of the property legally described in Attachment A; and WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested conditional use permit at 6221 Portland Avenue at its November 24, 2008 meeting; and WHEREAS, this requested conditional use permit at 6221 Portland Avenue meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09; and WHEREAS, this requested conditional use permit at 6221 Portland Avenue meets the requirements necessary for issuing a conditional use permit for a telecommunication tower and related features as specified in Richfield's Zoning Code, Section 544.25; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; . NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued to allow a 75-foot telecommunication tower and antenna, as described in City Council Letter No. , on the Subject Property legally described above. 2. This conditional use permit at 6221 Portland Avenue is subject to the following condition in addition to those specified in Section 547.09 of the City's Zoning Ordinance: • That the recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 546.05, Subd. 7. 3. The conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City's Zoning Ordinance, Section 547.09, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2008. ATTEST: Debbie Goettel, Mayor Nancy Gibbs, City Clerk 120908 - 6221 Portland CUP ~C- ~- ATTACHMENT A Land situated in the County of Hennepin and State of Minnesota, to wit: That part of the West'/2 of the Northwest quarter of Section 26, Township 28 North, Range 24 West, described as follows: Beginning at a .point indicated by a stone monument at the Northwest corner of Section 26, thence Easterly along the north boundary line of Section 26 a distance of 318.25 feet to judicial landmark, thence southerly a distance of 455.625 feet on a straight line which if produced would intersect a judicial landmark 657.625 feet south of the north boundary line of said section, measured along said produced line, and 953.97 feet west of a judicial landmark on the North and South center line of the NW quarter of Section 26; thence West parallel with the north boundary line of said Section 26 to the west boundary line of said section, thence north along the west boundary line of said section to the point of beginning, except that part thereof which lies Northwesterly of the following described line and the same extended: Beginning at the Northwest corner of Section 26, Township 28, Range 24; thence East along the North line of said Section 26 to the intersection with a line parallel with and 33.0 feet East of the west. line of said Section 26; thence South along said, parallel line a.distance of 190.0 feet to the actual point of beginning. of the line to be described; thence Northeasterly on a straight line to a point 441.0 feet East and 135.0 feet South of the Northwest corner of said Section 26 and there terminating. Subject to right of way for road along the westerly 33 feet of said tract. • • n:~oi~~oi~gan\c99\9wg~w9cer Ireolmen[ r9emry~ci~-cioi.awg weanesday, occater z9, zpo6 12:02:19 PM 5~-3 PORTLAND AVENUE 0 ~a_.......~ --.._. _... _.__.._.._..._.. 9 ~`~ a I ,r e,~`~ _, 7 ~ I~ ,) ,~ . i~ Q i. -® -~ . -cam _ ._ -- -1 .j i0. ~l V., 04 1' ~c/ ~ ,~ ~ I a ~~~ ~ I r, I ^ I. E (' ~• ~ e I \.:' p I o I m I ~.~ I ~ - ^ I ~. I I ~~ 1 I ~ I I I. I e I: ~.1 B I I ~ ~ I n ^ I I I ~ I m I I I r I I o I ? I I I I r~ I ^ I p( e ) s I I ~ ~ ~~ c..JJ ~ , I a~ I ;~ I ~ I ~~ ~--------- I I i o i~~ _.` ~- - , ~.~~ ~ ONOd 1 ~_ . - pNpd \ • 3 - St. Paul Office 141LHf„ro ~erTM"r "°s ^'M amnu"°'• °' "°°"r am~'°' n,, RICHFEELD,MINNESOTA o: ~ ~ ~ 2715 west H19nwaY 76 'wu,°me~ii~c wrs ~r M sruG K ~eN [[i WATER TREATMENT FACILITY ~gpp~Dp sc.vaw,mmss117 wanxwc ^~~ Q S e Pnone: 651.676.4600 Y SITE PLAN Faz: 651-636-1711 aw~we ~:eoxrnxoo loop ....eo,,,nvee.com 9YC • • 1220 N. Marcin St. Visalia, CA,, USA 93291 z a io ~~ 0 N u~ ,~: x •a 0 a c'~+ Y x m A ~ O F- v c 3 ~n X 0 ~ o d ~ ~ ~ >? i3 a 3 M r Q o a .- Q 0 Dwg. No. A-200706 70' ~~~~; ®_® _ (~~ TOWER M~QEL: MA-770 z ~__~ 16' ~s' i6' 2D' r 4' r Elevation View No Scale Page 2 of 9 Phone; (559) 733.2438 Fax; (559) 733-7194 - 2" t3D Tube Mast See Cover for Max. Antenna Wind Area @ 1 it, above Top of• Mast Qesfstn Criteria: Wind: 75 mph Basic Wlnd Speed Ice: '/" Sotid Radial De lan Codes: Structure: ANSIlTIA/EIA 222 Revision F 200318C Section 3108 Steet: AISC 8th Edllfon Concrete: AC1318-95 Materials• Steel Tube: ASTM A374, A375, A446 Gr, O (Min. Fy=45 ksi) ShapeslPlates: ASTM A36 Erection Holts: ASTM A32b, A307 & SA5 Gr. 6 Anchor 13o1ts: ASTM A36 ~ ~~~~~ i hers-by cer~ify that this plan, specififrstion CX reptart was prepared by m4 or usider my direct supervision and t9~ta't 1 ain a duly Licensed Frafessionaf R=n~9c peer under the laws of ttte State aF ii.~innesota. Print Name: ~Ll.~(.~ APT Signa;~.~r~: Date >~' ~-d7 License•#i< 2541 Optional MARB 770 Base wwav.ustower.com J~ 6221 Portland Ave -CUP 12/08 Surrounding Land Uses HWY 62 VA RES E RES RES RES RES 6221 PORTLAND AVE RES W RES Q Z RES g H RES ~ O d PRK R RES 0 RES c~j VETERANS PARK 0 RES ~ PRK RES RES PRK PRK RES -Single-Family Residential PRK - .Park VAC -Vacant N 0 45 90 180 270 360- Feet • L' • AGENDA SECTION: CONSENT AGENDA ITEM # 5F REPORT # 294 J STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR SIGNATU ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the site plan for a lawn care business at 7524 Lyndale Avenue. I. RECOMMENDED ACTION: By Motion: Approve a resolution granting site plan approval for 7524 L ndale Avenue. II. BACKGROUND Barrett Lawn Care has a purchase agreement for the property at 7524 Lyndale Avenue (currently Dent-B-Gone). A change in use of the property requires site plan approval. The applicant is proposing to use the property as an office for the business and for storage of business vehicles overnight and employee parking during the daytime hours. Barrett Lawn Care currently leases space within the City and offers commercial landscape maintenance and installation, as well as snow removal services throughout the southwest metro area. Richfield clients include City Bella and the Ramada Hotel. The applicant is an "installer" as opposed to a "retailer" and will generally not have landscape materials or salt/sand stored on site. On the occasion that material would need to be stored on site overnight, the proposed trash enclosure is large enough to allow for storage of these materials. Outdoor storage is only permitted within approved enclosures. 120908 - 7524 Lyndale SP III. BASIS OF RECOMMENDATION A. POLICY • The. C-2 (General Commercial) District allows a maximum of 85 percent impervious surface: The site, as it currently exists, is 100 percent impervious. The applicant is proposing to add over 600 square feet of landscape area, along .with a window box and planter to enhance the curb appeal of the site. The garden area proposed adjacent to the building will also serve to catch and filter the rain water from the roof drain pipe, that empties into this area. • All other performance standards are met. • In evaluating a site plan, the Planning Commission and City Council shall consider its compliance with the following: o Consistency with the various elements and objectives of the city's comprehensive. plan. o Consistency with the city code. o Consistency and harmony with the general appearance of neighboring developed areas and open spaces. o An internal sense of order and provision of a desirable environment. o Appropriateness of the amount and arrangement of open • space and landscaping, the building materials, textures and colors. o Adequacy of circulation and parking for all modes of transport. o Use ofenergy-conserving design. o Protection of adjacent and neighboring properties from negative environmental impacts. • The proposed plan meets the above requirements. B. CRITICAL ISSUES • The proposed site plan addresses both aesthetics and environmental issues at this site. • Staff believes the proposal to be a significant improvement from existing conditions. • An escrow or letter of credit must be submitted prior to occupation of the building. • On November 24, 2008 the Planning Commission voted unanimously to recommend approval (8-0). C. FINANCIAL • The required application fee has been paid. • D. LEGAL • NOTIFICATION: A public hearing was conducted before the Planning, Commission on November 24, 2008. Notification of the hearing was provided in accordance with City and State requirements. • 60-DAY RULE: The 60-day clock `started' when a complete application was received on November 13, 2008. A decision must be given to the applicant by January 12, 2009, OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional da s or 120 da s total) for issuing a decision. E. ENVIRONMENTAL CONSIDERATIONS • The garden proposed to be located on~the north side of the building will serve to catch and filter rain water from the roof drain pipe that empties in this area. Currently this water runs off into the storm water system. IV. ALTERNATIVE RECOMMENDATION(S~ • Recommend approval with additional site requirements. V. ATTACHMENTS • Resolution • Site plan • Surrounding zoning map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Eric Barrett, Barrett Lawn Care • r~ LJ ~- i RESOLUTION NO. RESOLUTION APPROVING A SITE PLAN FOR 7524 LYNDALE AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a site plan for the parcel of land located at 7524 Lyndale Avenue, legally described as: Lots 8 and 9, Block 25, Irwin Shores Addition, Hennepin County, Minnesota. WHEREAS, the proposed site plan has been reviewed by staff and meets City requirements; and WHEREAS, the proposed site plan will adequately serve the purpose for which it is proposed and will not have an adverse effect upon the public safety or general welfare; and . WHEREAS, the City has fully considered the request for approval of the site plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That the proposed site plan including 11 outdoor and 6 indoor parking spaces and landscaping as indicated, is hereby approved. 2. All outdoor parking spaces must be striped in accordance with City standards. 3. All parking spaces must be accessible year round. 4. All landscaping must be continuously maintained and not be unsightly in appearance or in a state of disrepair. 5. The trash enclosure shall be constructed of materials complimentary to the existing building and approved by the.Community Development. Department. 6. Obtain a Boulevard Feature Permit and any County approvals for work that needs to be done within the boulevard. 7. The City will not issue the Certificate of Occupancy until the stipulations are met and/or an escrow or letter of credit is provided for incomplete improvements. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • 120908 - 7524 Lyndale SP xx xxxxxxxx x xx x F .80 ~'1. ....._. ~._. ~-1 z ° N N q ~Q ~ ~ ~ ~ hoc' ~?`?~", -~~ `` ~~ ~ ~'~~ ~~ ~ 11 x, r , ~s ; -p' ~ ~ c o . ; r t~sr~~ ~ ~. ~ S(.~ p 1 - ~ ~ ~ .. ~ i . i '0 ~ ~ 4 A ~~7 o m X .6 1 ~ m 4` _ ° Z D a ~~ ~ c ~ ~, s `if . 'P p - o ~ Zoo . N m v O x a d O ~ x ~ ~ O ~ s~ ~ ~ ~~~ ~ ~ ~ ~ ~ a .o ~ '' ro ~ ~ Z ~ / F ~ N a ~ o ~j ~~ ~ / t71 ~r A .C -~,.,. Q. (D ~ Q ~ ~D ~ ,3Y Ut C N N WO C .~ 3 m a w w ~: 'n. t° w am ~ '3 o ~ 'v m o . ~ ~ ~'~~ ~ ~ {' _~ Z i i u 7524 Lyndale Ave Site Plan Approval. Request 11/08 ,.. ,. LEGEND N C-2 -General Commercial MR-3 -High Density Residential PC-2 -Planned General Commercial . R -Single Family Residential 0 45 90 180 270 360 Feet • AGENDA SECTION: CONSENT AGENDA ITEM # 5G REPORT # 295 ~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NanrE, TircE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: City Council confirmation of City Manager's reappointment of Hearing Examiners Connie Murray and Paul Wasko. I. RECOMMENDED ACTION: By Motion: Confirm the Gity Manager's reappointment of Connie Murra and Paul Wasko fortwo- ear terms as Hearin Examiners. II. BACKGROUND The hearing officer procedure was established by the City Council in 1985 to hear .and decide requests for variances to the literal provisions of the zoning code where unique circumstances and undue hardship are present. City ordinances provide for the appointment of Hearing Examiners by the City Manager subject to confirmation by the Gouncil (547.11 Subd. 2). The current terms of Hearing Examiners Connie Murray and Paul Wasko expire December 31, 2008. III. BASIS OF RECOMMENDATION A. POLICY • Both Ms. Murray and Mr. Wasko have experience, training and knowledge of land use issues and warrant reappointment. 120908 -Hearing Examiners Ms. Murray has served as a Hearing Examiner since 1985 and has expressed a willingness to serve for anothertwo-year term. • Mr. Wasko has served as a Hearing Examiner since 1997 and has expressed a willingness to serve for another two-year term. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny confirmation of the appointment of either or both Hearing Examiners. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CONSENT 5H 296 CITY COUNCIL MEETING DECEMBER 9~ 2~U8 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NAmtE TITZE c: DEPARTMENT DIRECTOR n/ REVIEW: (~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing an agreement between the City of Richfield and the Minnesota Department of Transportation for the purchase of salt. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing staff to enter into a purchase, agreement (Agreement #93751) with the Minnesota Department of Transportation (Mn/DOT) for the purchase of salt until Julv 1, 2013. • II. BACKGROUND At the March 11, 2008 Council Meeting the Council authorized the purchase of salt from Mn/DOT for the 2008-2009 winter season. The attached agreement includes the purchase for the 2008 - 2009 season and extends the purchase agreement for an additional five years (2013). There are several good reasons to partner with Mn/DOT for salt purchasing for the next 5.years: . • Mn/DOT's close proximity to the new maintenance facility eliminates the need to have a salt shed on our limited space. • Sharing salt reduces the potential for pollution- problems. • Mn/DOT's large size allows them to take advantage of early order discounts. • The City won't have to manipulate salt usage to ensure that at least 80% ordered is used and no more than 120%. 120908sa1t • Mn/DOT only charges for the actual amount of salt used, plus a 10% charge for bookkeeping and truck loading. • .Partnering with Mn/DOT creates good public relations for both agencies as everyone looks for more efficient, cost-effective ways to do business. III. BASIS OF RECOMMENDATION A. POLICY • The City participates in a joint purchasing agreement with the State of Minnesota and Mn/DOT. • The State of Minnesota solicited bids for all the participants in the joint purchase agreement. B. CRITICAL ISSUES • The City_of Richfield does not have salt storage at the new maintenance facility. C. FINANCIAL • A recent history of prices for this product is as follows: Year Base Price Vendor 06/07 $45.28/ton North American Salt Co 07/08 $47.09/ton North American Salt Co 08/09 $50.15/ton + 10% Mn/DOT, Cedar Av. Truck Center • Funding for this purchase is included in the annual operating budgets for street maintenance. D. LEGAL • When the purchase of merchandise, materials, equipment, or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. • The City Attorney has reviewed this agreement E. ENVIRONMENTAL CONSIDERATIONS- • Sharing one salt shed reduces the risk pollution problems. IV. ALTERNATIVE RECOMMENDATION(S~ • Council could choose to discontinue the use of rock salt to control ice on road surfaces during the winter season. However, staff is not aware of a more effective means of providing the safest road condition possible under icy conditions. V. ATTACHMENTS • Resolution • Mn/DOT Agreement #93751 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~-l RESOLUTION NO. • RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO MN/DOT AGREEMENT NO. 93751WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR SALT USE UNTIL JULY 1, 2013 WHEREAS, the Public Works Maintenance Facility has limited space for its own salt storage; and WHEREAS, the Minnesota Department of Transportation, Cedar Avenue garage is conveniently located next to the City of Richfield Maintenance Facility and has adequate storage space for salt for both agencies. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the .City of Richfield hereby authorizes the Mayor and the City Manager to enter into Agreement No. 93751 between the City of Richfield and the Minnesota Department of Transportation for salt use until July 1, 2013. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~~i-~ Mn/DOT Contract Number • AGREEMENT BETWEEN CITY OF Richfield AND 1VIINNESOTA DEPARTMENT OF TRANSPORTATION FOR t SALT USE Parties This Agreement is entered into by and between the State of Minnesota, acting through its Commissioner of Transportation (State) and the City of Richfield, Minnesota, acting through its City Council (City). Background Recitals Under Minnesota Statutes Section 174.02, subdivision 6, Mn/DOT may enter into Agreements with governmental or nongovernmental entities for research and experimentation, for sharing facilities, equipment, staff, or other means of providing . transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services or that further the development of innovation in transportation for the benefit of the citizens of Minnesota; and Under Minnesota Statutes Section 471.59, subdivision 1, two governmental units may enter into an agreement to cooperatively exercise any power common to the contracting • parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental unit; and The City wishes to purchase salt from the State and access it from the site; and The State wishes to provide salt to the City as specified herein. Contract 1. Term of Agreement 1.1 Effective date: upon execution and approval by the appropriate City and State officials pursuant to Minnesota law. 1.2 Expiration date: July 1, 2013 2. Authorized Representatives 2.1 State's authorized representative for purposes of administering this Agreement is Mark. Fischbach, 1500 County Road B-2, Roseville, MN 55113, 651-234-7907, mark.fischbach~dot.state.ir~n.us. 2.2 The City's authorized representative for purposes of administering this Agreement is Randy Hughes 6700 Portland Ave. S. Richfield, Mn 55423, 612-861-9175. 5~~ - ~ Mn/DOT Contract Number • 3. State Responsibilities 3.1 Purchase salt materials pursuant to applicable laws and specifications. The State will initially estimate the City's usage at 1,700 tons annually, subject to adjustment by agreement of the parties. These materials will be stored in the salt shed and will be accessible to the City and loaded by State employees at the Cedar Ave. truck station 1900 East 66`1i St Richfield, MN 55423 Phone number 612-970-2802. 3.2 Provide a loader and operator at the site to load the city's vehicles. 3.3 Provide a log book for the purpose of recording the quantity and type of material used. 3.4 Meet with City at least annually to verify salt usage, estimate fixture needs and confirm rate changes. ' 4. City Responsibilities 4.1 Take a minimum of 500 tons and a maximum_of up to its annual estimated usage of salt materials from the site. Obtain State's prior approval. if taking more than the estimated usage quantity from the site. 4.2 Annually pay to the State the contract rate for the above quantity of salt plus 10% for administration and handling. It is anticipated the contract rate will change annually. See Article 5. • 4.3 Take reasonable safety, security and environmental protection measures at the site and comply. with State's regulations for same. 4.4 The City will maintain a small stack pile oii their property for use when the State is not on duty. 4.5 If the State in riot actively working on any particular day, the gate to the truck station salt stock piles will be locked and no product will be available to the City. The City-may call ahead to make arrangements for product, the city will be responsible far any aver time involved in loading of their vehicles.. 4.6 Meet with State at least annually to verify usage,. estimate future needs and confirm rate changes. ' 5. Payment to State 5.1 Upon final execution of this Agreement, State will invoice City for salt purchased for year I from July 1, 2008 through May 30, 2009 on or before June 30, 2009. - Subsequent invoices will be sent to City on the following dates at the rates effective on those dates. Year 2, invoice to be se~it on or before June 30, 2010, for material taken between July 1, 2009 and May 30, 2010. Year 3, invoice to be sent on or before June 30, 201 l; for material taken between 3uly 1, 2010 and May 30, 201 1. '. Year 4, invoice to be sent on or before June 30, 2012, for material taken between July I, 201 I and May 30,2012. Year 5, invoice to be sent on or before June 30, 2013, for material taken between July 1, 201.2 and May 30, 2013. 2 5N~'~ Mn/DOT Contract Number 5.2 Within 30 days of receipt of invoice, City will pay invoiced amount to Mn/DOT, made to the order of Commissioner of Transportation and mailed to: Minnesota Department of Transportation Accounting'and Finance Section, MS 215 395 John Ireland Blvd St. Paul, MN 55155 Attn: Accounts Receivable, Agreement # 6. Liability 6.1 Each parry will be solely responsible for its own employees for any workers compensation claims. An employee of one party will not be considered an employee of the other party for any purpose. 6.2 Each party to this Agreement is responsible for its own liability protection, and each party will be solely responsible for its own acts or omissions associated with the use of the'Cedar Ave Truck station salt shed. The liability of each of the parties to this Agreement shall be determined according to the respective acts or omissions of the parties. The liability of Mn/DOT is governed by Minn. Stat: §3.736 and other applicable laws, and the liability of the City is governed by Minn. Stat. ch 466 and other • applicable laws. 6.3 Each party is responsible for any physical damage to the building caused by its employee(s). The responsible party will repair the damage caused by its employee(s). 7. Audit Under Minnesota Statutes § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the City and Mn/DOT relevant to this Agreement are subject to examination by Mn/DOT and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 8. Assignment; Amendments; Waiver; Merger 8.1 Assignment: Neither State nor City will assign or transfer any rights or obligations under this Agreement without prior written approval of the other party.. 8.2 Amendment: Any amendments to this Agreement will be in writing and must be approved by the appropriate State and City officials. 8.3 Waiver: If a party fails to enforce a provision of this Agreement, that failure does not waive the provision of a parry's right to subsequently • enforce it. 3 ~~ ~~ MnlDOT Contract Number 8.4 Merger: This Agreement contains all prior negotiations and agreements between the parties. No other understandings regarding this Agreement, whether written or oral, may be used to bind either party. 9. Termination The State or City may terminate this Agreement with or without cause by giving the other party 6 months written notice. r r 4 ` ~ ~ / ~ Mn/DOT Contract Number ent to be duI In witness whereof, the parties have caused this Agreem y executed, intending to be bound thereby. CITY OF RICFIFIELD* MINNESOTA DEPARTMENT OF TRANSPORTATION By By Title Debbie GoettPl . Ma~ror. Title Date Date By COMNILSSIONER OF Title Steven L. Devich, ADN~STRA,TION i y anager Date By Date Mn/DOT OFFICE OF CONTRACT MANAGEMENT • As to form and execution By Title Date *INCLUDE A COPY OF RESOLUTION APPROVING THE AGREEiiZENT AND AUTHORIZING ITS EXECUTION. • 5 ,} s • AGENDA SECTION: AGENDA ITEM # REPORT # CONSENT 5I ~' STAFF REPORT 297 CITY COUNCIL MEETING DECEMBER 9, 2008 C~ ROBERT HINTGEN, ASST. UTILITY SUPERINTENDENT REPORT PREPARED BY: NAME, TI7ZE DEPARTMENT DIlZECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for 1,400 tons of quick lime for water treatment. I. RECOMMENDED ACTION: By Motion: Approve contract to Graymont (WI), LLC Company for quick lime in the amount of $156,800.00 $112.00/ton for 2009. IL ..BACKGROUND The chemical quick lime is used in the water treatment process to lower hardness thus producing softened water. Approximately 1,400 tons of quick lime is required each year. A formal bid opening for cone-year contract for the. purchase of 1,400 tons of quick lime, was held on November 18, 2008, with three bidders present. III. BASIS OF RECOMMENDATION A. POLICY • The notice of bids for the quick lime was published in the Richfield Sun- Current on October 30, 2008. • Graymont (WI), LLC. was the lowest bidder that met all bid specifications and is an established contractor that meets all requirements. 120908quicklime • • B. CRITICAL ISSUES • Quick lime is a necessary chemical required in the water softening process. C. FINANCIAL • A recent history of prices for this product is: ~ Cost per year Years Base Price Vendor 2005 $72.73/Ton $101,822.00 Cutler Magner 2006 $78.66/Ton $107,240.00 Cutler Magner 2007 $95.20/Ton $133,280.00 Cutler Magner -2008 $99.65/Ton ~ $139,510.00 Cutler Magner 2009 $112.00/Ton $156,800.00 Graymont • Funding for the purchase of quick lime is in the.200 9 Water Maintenance Budget, line item 6413 (Chemicals) D. LEGAL • If the amount of the purchase is estimated to exceed $100,000.00 dollars, sealed bids shall be solicited by public notice. When the purchase of materials, merchandise, equipment or construction exceeds $25,000.00, authority to purchase shall be submitted to the City Council for consideration. E. ENVIRONMENTAL CONSIDERATIONS ` None IV. ALTERNATIVE RECOMMENDATION(S~ • Council may reject the bid and direct staff to readvertise; however, staff does not believe we can obtain a better price from a reputable contractor. ~ V. -ATTACHMENTS ~ Bid minutes and tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None U ~~- CITY OF RICHFIELD, MINNESOTA Bid Opening November 18, 2008 10:00 a.m. Quick Lime Bid No. 08-10 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for 1,400 tons of Quick Lime, as advertised in the official newspaper on October 30, 2008. Present: Theresa Schyma, Deputy City Clerk Robert Hintgen, Assistant Utilities Superintendent Cheryl Krumholz, City Manager Representative C7 The following bids were submitted and read aloud: Bidder's Name Bid Bond Addendum #1 .Unit Bid (per ton) Total Base Bid Graymont Provided Provided $112.00 $156,800.00 Duluth, MN Western Lime Corp. Provided Not $146.00 $204 400.00 West Bend, WI Provided , Carmeuse Lime & Stone Provided Provided $239.16 ~ $334,824.00 Pittsburgh, PA * Bid was adjusted to reflect missing addendum #1 -1,400 tons of Quick Lime as opposed to the original advertised bid for 2,800 tons of Quick Lime. The City Clerk announced that the bids would be tabulated and considered at the December 9, 2008 City Council Meeting. Theresa Schyma Deputy City Clerk • • AGENDA SECTION: AGENDA ITEM # REPORT # ~~ STAFF REPORT CONSENT 5J 298 CITY COUNCIL MEETING DECEMBER 9, 2008 • REPORT PREPARED BY: DEPARTMENT DIRECTOR r REVIEW: LJ1 REVIEWED BY CITY MANAGER: l ROBERT HINTGEN, ASSISTANT UTILITIES SUPERINTENDENT ITEM FOR COUNCIL CONSIDERATION: Consideration of extending the current agreement with Malecha Trucking for lime residual disposal for athree-year period for the amount of $63;Q00.00 per year. L RECOMMENDED ACTION: By Motion: Approve an extension of the current agreement with Malecha Trucking for lime residual disposal- for athree-year period (2009 - 2011) in the amount of $63,000.00 per year or $189,000.00 for three years. IL BACKGROUND . As part of the lime. softening process a lime residual is produced. This lime residual is trucked away for disposal. Each year roughly 4,500 cubic yards of lime residual is produced.. On November 23, 2004, a formal request for proposal process was conducted and the Council awarded atwo-year agreement with Malecha Trucking for lime residual disposal for 2005 and 2006. As part of the agreement there was a clause, which stated the agreement could be extended upon mutual consent of both parties. On November 14, 2006 Council approved an extension of the current agreement with Malecha Trucking for lime residual disposal for the year 2007. Part of their agreement included a clause stating the agreement could be extended for one year at the same price upon mutual consent of both parties. 1209081ime residual On January 8, 2008, Council approved an extension of the current agreement with Malecha Trucking for lime residual disposal for the year 2008. Part of their agreement included a clause stating the agreement could be extended upon mutual consent of both parties. III. BASIS OF RECOMMENDATION A. POLICY • The contract for disposal of lime sludge product is a service contract that does not require competitive bidding. The use of a request for proposal process is optional and is not required. B. CRITICAL ISSUES • It is necessary to remove and dispose the lime residual from the dewatering presses. • Malecha Trucking has honored all requirements of the existing agreement. C. FINANCIAL • There are sufficient funds in the Water Maintenance budgets for the disposal of the lime residual, line item 6205 (Maintenance and Repairs) D. LEGAL • When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. • ~ The City Attorney will be at the Council Meeting to answer any questions. E. ENVIRONMENTAL CONSIDERATIONS • Lime residual needs to be disposed of properly to be environmentally safe. IV. ALTERNATIVE RECOMMENDATION(S~ (`n, mail m~ai reion~ the ~rrreement evteneinr\ hn\n/e\t6~r c off ~l~AC Y1(lt f1PIIP\/P ~ ' Llt~ V"al ~-"4 3 ~~-s t k~ 1L1'i~+ tpt~-as s -. , . Sri a t_ .1~,i~~ a e z~- CJ' ft "1'T1L1'1 we can obtain abetter-price from another contractor. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~J AGENDA SECTION: ('.nNSFNT AGENDA ITEM # 5K REPORT # ~9 ~~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 9~ 2008 REPORT PREPARED BY: KRISTIN ASxER, CITY ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~/ G ITEM FOR COUNCIL CONSIDERATION: Consideration of ratification of a supplemental agreement and four work orders with Shafer Contractin related to the 66th Street and Portland Avenue intersection ro'ect. I. RECOMMENDED ACTION: By Motion: • Ratify Supplemental Agreement No. 2 and four Work Orders as .approved by staff: • Authorize the City Engineer to process. routine work orders, change orders, and supplemental agreements provided they do not exceed $25,000. III. BACKGROUND As construction of the 66~' Street and Portland Avenue Intersection has progressed, the construction manager, site observer, engineers, contractors and City staff have been in constant communication reviewing the progress and. making changes when necessary. The supplemental agreement and work orders before the Council for consideration were approved by staff prior to receiving Council approval to keep the construction progressing without delays. The supplemental agreement and work orders are recommended for ratification as approved by staff based on the following: 1209PortlandSA J • Supplemental Agreement No. 2 -the contractor encountered contaminated material that was not detected in the environmental documents prior to bid. This material needed to be disposed of at a qualified landfill and the plans did not have a bid item for disposing of this material, adding an additional cost of $144, 509.35. • Work Order No. 1 -Additional hazardous material was encountered in the building removal of Mr. Tire for an added cost of $1,512.50. • Work Order No. 2 -The former BP Amoco site reported testing of the soil to determine the extent of petroleum-impacted soil. This work required excavating and stockpiling for soil testing site for an added cost of $2,850.00. • Work Order No. 3 -Asbestos Conduit Pipe was encountered on the South Leg of Portland Avenue which was not shown on the plans or as-builts for the area. Due to excavating activities this pipe needed to be removed and disposed of properly for an added cost of $6,591.00. • Work Order No. 4 -Anew fence needed to be installed on the retaining wall located at 6601 Oakland and was not included in the original contract for an added cost of $6,591.20. All changes to the original contract, however minor, must be considered and approved/ratified by the City Council unless the Council authorizes staff to process routine contract changes under $25,000. III. BASIS OF RECOMMENDATION A. POLICY • All supplemental agreements and work orders need Council approval unless previous authorization is given to staff to process routine changes as they arise. B. CRITICAL ISSUES • These decisions were made as construction progressed and final costs were not available until work was complete. • Delays. in making these decisions were not timely due to the construction schedule. C. FINANCIAL • The total construction budget (bid amount) approved by the Council on January 22, 2008 for the intersection project is $2,449,351:74. • The $144,509.35 for SA#2 will be funded using 80% Federal funds and 20% Municipal State Aid (MSA) funds. • The four work orders totaling $17,544.70 will be funded using 80% Federal funds and 20% MSA funds. D. LEGAL • Staff is adhering to the Federal and State Aid approved procedures when processing the change orders. • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • The stockpiling, testing, and disposing of the contaminated material at the intersection was conducted in accordance with MPCA approved methods. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose not to ratify the staff approved supplemental agreement and work orders at this time, however the work has been completed and the contractor is expecting payment for these items • Council may choose not to authorize staff to process routine changes in the contract and staff will continue to bring all changes to Council for consideration. V. ATTACHMENTS • Supplemental Agreement No. 2 • Work Orders 1, 2, 3, and 4 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • ~K- STATE AID FOR LOCAL TRANSPORTATION SUPPLEMENTAL AGREEMENT -May 2008 Page 1 of 2 City/County of Richfield Supplemental Agreement No. 2 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. STPX 2706 (140) 157-020-19 CP 41450 2745 CONTRACTOR NAME ADDRESS CITY STATE ZlP Shafer Contracting, Inc. PO Box 128 Shafer MN 55074 LOCATION OF WORK: TOTAL SUPPLEMENTAL AGREEMENT AMOUNT Richfield, MN $144,509.35 This Contract is between the Local Government Entity and Contractor as tollows: WHEREAS: This contract provides for, among other things, Grading, Surfacing, - Concrete Curb and Gutter, Storm Sewer, Sanitary Sewer, Water Main and Signing, and WHEREAS: The .Contractor encountered contaminated material that was not detected in the environmental documents prior to bid. This material needed to be disposed of at a qualified landfill,and, WHEREAS: The plans did not call for nor have bid item for disposing of this material and, • WHEREAS: The plans did include a bid item and unit price for subgrade excavation, which will be used for the stockpiled material and, NOW, THEREFORE, IT fS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: 1. The contractor shall provide all materials, labor, equipment, traffic control, and mobilization and dispose of the contaminated material. 2. The work of this supplemental agreement will be in accordance with the pertinent portions of the plan, the special provisions, the ~Mn/DOT Standard Specifications, Mn/DOT Standard Plates, and as directed by the Engineer. 3. Contract time will not be revised except as provided under the Contract Provisions of Mn/DOT Specification 1806. • 4. The Contractor shall not make claim of any kind or character whatsoever for any cost or expenses which they may have incurred or which they may hereafter . incur in performing the work and furnishing-the materials required by this Agreement. COST BREAKDOWN - Group/``Fund Item No. Description. Unit Unit Price Quantity Amount Cat_ Increased Items Grou 1 2105.507 Sub rade Excavation Cu Yd $7.25 3,660 $26,535.00 Subtotal Group 1 Increased Items $26,535.00 • 51-~-a STATE AID. FOR LOCAL TRANSPORTATION May 2008 SUPPLEMENTAL AGREEMENT Pase 2 of 2 Ne otiated Ite ms Group 1 2104.601 Haul & Dispose of Contaminated Material - S ecial .1 Lump Sum $ ~ O$~. ~ 1 $7,081.15 Group 1 2104.601 Haul 8~ Dispose of Contaminated Material - S ecial 2 Lump Sum $5072`{ 1 $50,724.36 Group 1 2104.601 - Haul & Dispose of Contaminated Material - S ecial 3 Lump Sum $ S3, 93~f ~ 1 $53,934.05 Subtotal Grou 1 Ne otiated Items Before Prime Marku $111,739.56 Grou 1 Ne otiated Items Prime Marku $6,234.79 Subtotal Grou 1 Ne otiated Items $117,974.35 GRAND TOTAL $144,509.35 Croup/Funding category is required for federal projects. Approved by Approved by Project Contractor:. Engineer. ~j~ '~o,=~ t ~E Print Name: ~ ~~A `~ ~ P~5 ° (`~ Print Name: 763 2 k? ~ ~ ~ ~ ~,~ a:~ -? - s ~ ~ Date: W ~ a g Phone: / Date: ~ ~ Phone: • Original to Project Engineer; Copy to Contractor Once contract has been fully executed, forward a copy to DSAE for funding review: The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This project is eligible for: g~ ~ederal Funding ~d~ State Aid Engineer, ~, State Aid Funding ~ Local funds • -N0.4932 P. 2 NOV. 26. 2.008... -3.28PM 7632877180 ~.I~, 3 May 2008 STATE AID FOR LOCAL TRANSPORTATION p~gg 1 of 1 WORK ORDER FOR MINOR EXTRA WORK Work Order No_ 1 -- City/County of Richfield STATE PftOJI=CT NO. Vu~.•~+~, rn~..~•. • •--• - - FEDERAL PROJECT N0. C•p, 41450 27x5 STPX 2706 (140) 157-020-19 ADDRESS CITY STATE ZIP a CONTRACTOR NAME Shafer MN 65074 Shafer Contracting, lne• PO Box 128 TOTAL WORK ORDER AMOUNT LOCATION OF WORK: $1 51$.50 Richfield, MN cordance with the terms of this Contract, you are hereby authorized and instructed In ac rovisions. to perform the work as altered by the following p ~ - dditional hazardous material was encountered in the building removal of Mr. Tire. This A was a substantial change in the scope of the original report. COST BREQ-KDOW{~ ` Item No. Description Unit Unit Price Quantity /mount Groupl _ "Fund Catr - Lump Sum $1,512.50 1 $1,512.50 Group 1 2104.601 Remove Asbestos Material ' Grand Total X1,512.60 *Group/Funding category is required forfederal projects. Approved by Approved by ~, Project Contractor: ~``F Engineer. ~ ~~ print Name: ~~"~~ ~ M Print Name: ~~! 6 1 . t Phone: ~ "' Sa ~ f (d V~ Phone: 6 ~Z ~~D rZ~ Date: Date: - `• -~ ~Ongsrial to Project EngineerCopy to Contractor • Once contract has been fully executed, forward a copy to DSAE for funding review: The State of Minnesota is not a pSES10NLYn Rev awed ffor con+pl ante ith~State a dt Federal Engineer is for t=UNDING PURPO Aid RuleslPolicy. Eligibility does not guarantee funds will be available. This project is eligible for. `Federal Funding „State Aid Funding -Local funds Date: District State Aid En ineeF ~cft~y Buiprrmm ~ - EIS ~ e 4~t;e~t ~tdQ ~~ ~O A~ stro district State Jed Efsgtnees Foc Fur-ding Apps any NOV. 26, 2008 3:28PM 7632877180 ~~,, r NO.4932 P; 3 `1 May 2008 STATE AID FOR LOCAL TRANSPORTATION Page ~ of~ WORK°ORDER FOR MINOR EXTRA WORK Work Order No. 2 City/County of Richfield ....,. ~ ren~ ivrY AI(1 cnH7RACT NO. FEDEF2Al. PROJECT NO. •~ ~„~ G r^•.•••~••~ ••~. STPX2706 (144} '157-020-19 C.P_ 41450 2745 ADDRESS CITY STATE ZJP CONTRACTOR NAME MN 55074 PO Box 128 Shafer Shafer Contracting, Inc- TOTAL WORK ORDER AMOUNT LOCATION OF WORK, $2,85a.o4 Richfield, MN In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. - The former BP Amoco site reported testing of the soil to de~ ~ ick thin esoil per the p~troletim-impacted soil. This work required excavating an p g direction of fhe soil's engineer. COST BREAKDOWN Item No. Description Unit Unit Price Quantity Amount Group/ *Fund Cat. eciall Lump $2,850.00 1 $2;850.40 . Group 1 2105.601 Excavation Sp Surn Grand Total $2,850.00 *GrouplFunding category is required fior federal projects. Approved by Approved by Project Contractor. Engineer: s Print Name: G~"~'r'« ~''~' ~~ Print Name: U ~~~ !6 0~ Phone: t~OZ ~ /z~r6 Date: ~ ~ 'r Phone:.9S' ~Sar Date: _ _ ~ -~' Original to Project Engineer, Copy to Contractor Once contract has been 'Fully executed, forward a copy to DSAE for funding review: the State of Minnesota is not a participant in this contract, signing by the Oistriet State Aid Engineer is for FUNDWG PURPOSES ONLY. R~vigwed for compl'sance with Stag and Federal Aid RulestPolicy. Eligibility does not guarantee funds wilt be availabt®. This project is eligible for. ._ Federal Funding ___, State Aid Funding ____. Locai funds District State Aid En ineer. pate: ~' A E ~ etr©~is~i~t s#a~a ~-~a ~l,g~l~ee~ Far Funding Approval Qnly NOV. 26:-2008 3.28PM 7632877180 ~,~_~' N0. 4932 P.__4 May 2008 STATE AID FOR LOCAL TRgNSPORTATION Page ~ cf 1 WORK ORDER FOR MINOR EXTRA WORK Work Order No. 3 City/County of Richfield _ _ _ FEREF~AI. YKl.7JGL ~ ~~". _ -020-19 C_p_ 41450 2745 STPX 2706 (140) 157 CITY STATE zIP ADDRESS CONTRACTflRNAME MN 55074 Shafer Contracting, -nc. PO Box 128 Shafer 70TAL WORK ORD1=R AMOUNT LoeATION oFwoRK: $6,581.00 Rici--feld, MN• ecordance with the terms of this Contract, you. are hereby authorized and instructed In a to perform the work as altered by the following provisions. . _. ASbz~os-Cor,d:~it Pipe was encountered on the South Leg ~ ~~va~,~Aaciv'~i shth s -- '~~ ""~j~was not sY1"o`wii 'ori the. plans or as-bwits fcr~the area. Due to 9 pipe needed to be removed and disposed of properly. COST BREAKDOWN Unit . Group/ Ifem No. Description 'Fund Cat. Grou 1 2104.501 Remove Asbestos-Bonded Pie Lin Ft *Groupl~unding category is required for federal projects. Un'st Price euantity Amount $2197 300- $6.,591.00 Grand Total _ $6,591.00 Approved by ,-~'~"" Approved by (.~, project I ,Contractor: l~ Engineer. ' .~~~32 lY ~ ~ Print Name: 1..~ ~ ~,f~~C'`I- Sd t•1 Print'Name: ll~l7 b Phone: ~OIZ ~3~0 ai2~& Date= ~ ~a ~~ Phone: Date: - • `- Original.taProject Enginneer;, Copy to,Cotizractor" - ' - _ _, ° , ..- Onc® contract Eras been fully executed, forward a copy to DSAE for funding review:. The State of Minnesota isPURPOa Es QNLYn Rev ®wed for comp) ance we h!S a ®andt Federal t:ng~neer is for FUNDING Aid Rules/Policy. Eligibility does not guarantee funds vflilt be available. This project is eligible far: ~,~ederal Funding ~ State Qid Funding ~ I-ocal funds .. _. ... ~_~_---~.. ,/ l~.Z _.. _ _ C~~~ Date: ,; _ .. pp ~V~~~~~ ~~ -t,: . i ~~ ~-' ~' ......NOV.. 2b; 2008 3:28FM 76.32872180. ~K_~ N0. 4932 P. 5 - May 2008 STATE AID FOR LOCAL TRANSPORTATION Page ~ of 1 WORK ORDER F4R MINOR EXTRA WORK - un of Richfield Work Order No. 4 CttylCo ty . c-rnTF PROJECT NO. LOCAL PROJECT NO. CONTRACT NO- FEDEf~- rrw.+°" ~ ~•~. 157-020-19 C.P. 41450 2745 STPX 2706 (140) CITY STATt; ZIP ADDRESS CONTRACTOR NAME Shafer MN 56074 Shafer Contrading, Inc. PO.t3ox 128 TOTAL WORK ORDER AMOUNT LOCATIOt1 OE: WORtC $8,591.20 Richfield, MN -n accordance with the terms of this Contract, you are hereby. authorized and instructed to perform the work as altered by the following provisions. I A new fence needed to be installed. on to of r of 66` Street. The retaining wall was being built as part of Supplemhneta foAgeree own r number 1. Originally we called out.for a vinyl-clad fence, however, p p ~Y preferred a galvanized fence to match the fence that will remain. The item includes the cost of metal brace assembttes, drilling the fence posts into the retaining wall and non- standard height fence posts. COST RI~EAKDOUVN Group/ Item No. Description Unit Unit Price .Quantity Amount *Fund Cat. WIRE FENCE DESIGN 72-9322. Lin Ft $82.39 80 $6,591.20 Group 1 2557.501 MOD Grand Total $6,591.20 'Group/Funding category is required for federal projects. Approved by Approved by Project Contractor: ~~ -'~ 'r Engineer. ~ .. ....-. priwtt Natn~ ... ~-!~`"~L~ -i?•rint Nar~ie: l~M~ts~.i - .~--- h~-;<t~aKL Cam/ 9 f 9 ~a~ -7,33'7-$3tl ~ Date: `~ P • ~' Qriginal to Project Engineer, Copy to Contractor Once contract has been fully executed, forward a copy to DSAE foe funding review: Tire-State of Minnesota is not a pg~g ONLY Reviewed for compliance with~Stat~ andtFederal Engineer is for FUNDING PURP • • Aid Ruteslpoticy. Eligibility does not guarantee funds will be atvailab~le. This ro ect is eligible for. Federal Funding ,~, State Aid Funding ~ Local fiirids P 1. Dats: District State Aid En inee • AGENDA SECTION: PDBLIC HEARINGS AGENDA ITEM # 7A REPORT # 300 J STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 • REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc. I. RECOMMENDED ACTION: Conduct and Close the Public Hearing and By Motion: • Approve the renewal of the 2009 pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. II. BACKGROUND On November 3, 2008 the .City received the renewal application and other required documents.for pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: Mark and Elizabeth Nichols are the owners of this establishment. John Alan Kunst serves as the store manager. None of these individuals has any known criminal record. A current list of officers is attached. All general sales, real estate and withholding taxes have been paid and are current. 1209 PH Metro Pawn Licenses Renewal NAME, TITLE The $5,000 bond has been submitted. Public Safety/Police had 17 contacts with Metro Pawn & Gun, Inc. from October 2007 through September 2008. This compares with 42 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints regarding Metro Pawn & Gun, Inc. in the previous year. 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 Sun Current newspaper on November 7; 2008. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods dealer licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • N/A C. FINANCIAL N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S~ • 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. • The Council could decide to continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider granting a temporary license to allow the applicant to continue the pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. V. ATTACHMENTS • List of officers. • Breakdown of Public Safety Contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mark Nicols, Owner of the Establishment. • John Kunst,- Manager • ~' ~ '' METRO PAWN & GUN, INC. . Officers Mark Nichols Elizabeth Nichols John Alan Kunst Owner Owner Store Manager PUBLIC SAFETY CONTACTS October 2007 -September 2008 Metro Pawn & Gun, Inc. 2007 2008 TOTAL CONTACTS 42 17 CRIMINAL CONTACTS 19 9 Incidents (see bottom of page for specifics) (16) (9) Alarm (3) (0) MISC. NONCRIMINAL 23 8 Assists (20) (7) Traffic (1) (0) Inspections/Licensing (2) (0) Medical/Fire (0) (1) The criminal contacts from October 2007 through September 2008 were: two thefts, six suspicious persons, and one disturbance. (Numbers in parenthesis are included in total contact figures) • AGENDA SECTION: pDBLIC HEARINGS AGENDA ITEM # 7B REPORT # 301 ~J STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 pawnbroker and secondhand goods dealer licenses for University Cash Company, LLC d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. I. RECOMMENDED ACTION: Conduct and Close Public Hearing and By Motion: • Approve the renewal of pawnbroker and secondhand goods dealer licenses for University Cash Company, LLC d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. II. BACKGROUND On November 4, 2008, the City received the renewal application and other required documents for pawnbroker and secondhand goods dealer licenses for University Cash Company, LLC d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. The .applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: Andy Jason Strauss is the sole owner of the establishment and also- serves as the store manager. He has no known criminal record. 1209 PH Avi's Pawn and Secondhand Goods Licenses Renewal The lease between the applicant and the property owner is in effect with all payments current. All general sales, real estate and withholding taxes have been paid and are current. A $5,000 bond has been submitted. Public Safety had nine contacts for this location in the past year. This compares to 20 contacts from the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff did not receive any complaints regarding this property in the past year. 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 Sun Current newspaper on November 27, 2008. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods dealer licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ i The Council could decide to continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of temporary licenses to allow the applicant to continue the pawnbroker and secondhand good deal business until the rescheduled hearing can be conducted. V. ATTACHMENTS • List of officers. Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Andy Strauss, Owner • • ~~' ` CAPITAL CASH, LLC d/b/a/ AVI'S PAWN & JEWELRY Officers Andy Strauss Owner PUBLIC SAFETY CONTACTS October 2007 -September 2008 Avi's Pawn & Jewelry 2007 2008 TOTAL CONTACTS 20 9 CRIMINAL CONTACTS 12 5 • Incidents (see bottom of page for specifics) (10) (4) Alarm (2) (1) MISC. NON-CRIMINAL 8 4 Assists (6) (4) Traffic (0) (0) Inspections/Licensing (2) (0) Medical/Fire (0) (0) The criminal contacts from October 2007 through September 2008 were: one theft, one alarm, two suspicious persons, and one recovered property. (Numbers in parenthesis are included in total contact figures) • 4 ~J AGENDA SECTION: PIIBLIC HEARINGS AGENDA ITEM # HA REPORT # 302 STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food and Drink, 6715 Lake Share Drive. I. RECOMMENDED ACTION: Conduct and Close the Public Hearing and By Motion: • Approve the renewal of 2009 club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food and Drink. 6715 Lake Shore Drive. II. BACKGROUND On November 4, 2008, the City received the renewal application and other required documents for club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food and Drink. The Public Safety background investigation has been completed and reveals the following: • Michael Brand continues to serve as Commander and John Ellis as Chair of the House Committee. The on-premise General Manager is Gin Ng. None of these individuals has any known criminal record. A current list of officers is attached. 1209 Fred Babcock VFW Liquor Licenses Renewal • All general real estate and withholding taxes have been paid and are current. ThE property is owned by Gramarcy Park Cooperative. The required proof of liquor liability insurance coverage has been received showing Westport Insurance Company as affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. An accountant's statement has been submitted covering the period of October 2007 through September 2008 and indicates that food sales accounted for 41.4% of the total sales, while alcohol accounted for 53% of the total sales. Miscellaneous sales accounted for 5.6% of the total sales. The VFW is exempt from meeting the 50% or more food sales requirement due to the fact that they are aclub/veterans organization and are exempt. There were 12 Public Safety contacts with Fred Babcock VFW Post No. 5555 from October 2007 through September 2008. This compares with 17 for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints regarding the VFW in the past year. Club on-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines discipline they can expect if any ongoing problems occur. A copy has been given to the establishment. There are no distance requirements for notifying neighbors of the issuance or renewal of a club on-sale and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2008. In July 1999, Fred Babcock VFW Post No. 5555 was cited for the sale of alcohol to underage youth. This was their first violation. They paid a $500 fine and had their license to sell alcohol suspended for two days. They were also cited in August 2000. This was their second violation. They paid a $1500 fine and had their license to sell alcohol suspended for five days. Fred Babcock VFW Post No. 5555 received no violations in the years 2001, 2002 and 2003. In November of 2004, the VFW again failed the liquor compliance check but because more than two years had elapsed since the previous failure, it served as a first failure. They paid a $1,000. , fine and had their license to sell alcohol suspended for five days. In April of 2007, the VFW failed the liquor compliance check. Because more than two years had elapsed since the. previous failure, it served as a first violation. They paid a $1,000 fine and had their license to sell alcohol suspended for five days. In April of 2008, the VFW again failed their liquor compliance check. This was-their second violation. They paid a $1750 fine and had their license to sell alcohol suspended for seven days. There have been no further violations since that time. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to club on-sale and Sunday liquor licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • The requirements of Resolution No. 9511 must be met. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A • IV. ALTERNATIVE RECOMMENDATION S ~~ • This agenda item is the first request out of two for the renewal of club on-sale and Sunday liquor 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, 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. • Continue the hearing. However, if the hearing is continued beyond January 1, 2009 the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota Statute 340A.415, be based upon a finding. that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers Breakdown of Public Safety Contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Gin Ng, Manager of the establishment. n U • _~~-~ V.F.W. POST N0.5555, INC. ~~ Post Officers Michael Brand Commander John Ellis Chair of the House Committee Gin Ng On-Premise Manager PUBLIC SAFETY CONTACTS October 2007 -September 2008 FRED BABCOCK V.F.W. POST N0.5555 2007 2008 TOTAL CONTACTS 17 12 CRIMINAL CONTACTS 9 9 Incidents (see bottom of page for specifics) (8) (6) Alarm (1) (3) MISC. NON-CRIMINAL 8 3 Assists (2) (2) Traffic (2) (0) Inspections/Licensing (3) (1) Medical/Fire (1) (0) The criminal contacts from October 2007 through September 2008 were: one suspicious person, three alarms, two drunkenness, one DWI, one property damage accident, and one harassing communication. (Numbers in parenthesis are included in total contact figures) r~l L J AGENDA SECTION: pDBLIC HEARINGS AGENDA ITEM # g$ REPORT # 303 ~~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE • DEPARTMENT DIRECTOR^ REVIEW: ~,J REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue South. RECOMMENDED ACTION: Conduct and Close the Public Hearing and By Motion: • Approve the renewal of 2009 club on-sale and Sunday liquor. licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue South. II. BACKGROUND On November 4, 2008, the City received the application and other required documents for the renewal of club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435. The applicant has paid the require license fees. The Public Safety background investigation has been completed and reveals the following: The structure of the organization remains unchanged from last year.. Edward McInerney serves as President; Glen Rasmussen serves as Vice President; Mervyn Becker serves as Treasurer; and Roger Wysong continues to serve as the Club Manager. None of these individuals has any known criminal record. A current list of officers is attached. 1209 PH American Legion Liquor Licenses Renewals Manager. None of these individuals has any known criminal record. A current list . of officers is attached. All general real estate and withholding taxes have been paid and are current. The property and building continue to be owned by the American Legion. Proof of liquor liability insurance has been received showing Westport Insurance Corporation affording the coverage. Proof of workers' compensation insurance coverage has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2006 through September 2007, and indicates that food sales accounted for 17.6% of the total sales, while liquor sales accounted for 82.4% of the total sales. The Minneapolis-Richfield American Legion is exempt from meeting the 50% or more food sales requirement due to the fact that they are a club/veterans organization and are exempt. There were 43 Public Safety/Police contacts with the American Legion from October 2006 through September 2007. This compares with 29 contacts for the previous year. A breakdown of these contacts is attached to this report. There were no Environmental Health complaints received for the Mpls-Richfield American Legion Post #435 during this past year. Club on-sale 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 owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of club on-sale and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 29, 2007. In July 1999, the Richfield American Legion was cited for the sale of alcohol to underage youth. This was their first violation. They paid a $500 fine and had their license to sell alcohol suspended for two days. In April 2002, The Mpls-Richfield American Legion Post #435 was again cited for the sale of alcohol to underage youth. This was technically their second violation, but because more than two years had elapsed since the previous failure, it served as a first failure. They paid a $500 fine and had their license to sell alcohol suspended for two days. Richfield American Legion has received no violations since that date. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to club on-sale and Sunday liquor licensing. • Based on the information supplied by the applicant and the .investigation conducted, there appears to be no reason to deny the. issuance of the licenses requested. B. CRITICAL ISSUES • The requirements of Resolution No. 9511 must be met. C. FINANCIAL • N/A D. .LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers. • Breakdown of Public Safety Contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • American Legion Club Officer. g8 MINNEAPOLIS-RICHFIELD AMERICAN LEGION I~ Edward McInerney President Glen Rasmusson Vice-President Mervyn Becker Treasurer Roger Wysong Club Manager PUBLIC SAFETY CONTACTS October 2007 -September 2008 Mpls-Richfield American Legion 2007 2008 TOTAL CONTACTS 43 39 • CRIMINAL CONTACTS 37 27 Incidents (see bottom of page for specifics) (31) (20) Alarm (6) (7) MISCELLANEOUS NON-CRIMINAL 6 12 Assists (1) (1) Traffic (2) (1) Inspections/Licensing (1) (0) Medical/Fire (1) (9) Animal (1) (1) The criminal contacts from October 2007 through September 2008 were: seven suspicious persons, three drunkenness, one assault, four thefts, one fight, one juvenile call, one warrant, one suicide call, and one DWI. (Numbers in parenthesis are included in total contact figures) • AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 9A REPORT # 3QLF ~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 09, 2008 • REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DNISION MANAGER ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 on-sale wine and 3.2 percent malt liquor licenses for Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue South, Richfield, MN. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal. of 2009 on-sale wine and 3.2 percent malt liquor licenses for Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue South. II. BACKGROUND On October 30, 2008, the City received the renewal application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Chipotle Mexican Grill of Colorado, LLC., 7644 Lyndale Avenue South. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization remains unchanged: Montgomery Frederick Moran serves as the LLC Manager out of Boulder, Colorado and Matthew Steven Ells serves as the LLC Manager out of Denver, Colorado. Terry Delph 1209 PH Chipotle On-Sale Wine and Malt Liquor Licenses for 2009 NAME, TITLE serves as the On-premises Manager. None of these individuals has any known criminal record. All general real estate, state sales and withholding taxes have been paid and are current. Proof of liquor liability insurance coverage has been received showing Zurich American Insurance Company affording the coverage. Proof of workers' compensation insurance has also been supplied. The accountant's statement has been prepared and submitted. This statement covers the period from October 2007 through September 2008, and indicates that food sales accounted for 91.2% of the total sales, while alcohol accounted for .45% of the total sales, and miscellaneous sales accounted for 8.35% of the total sales. There were no Public Safety contacts with Chipotle Mexican Grill from October 2007 through September 2008. This compares with 22 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints for Chipotle Mexican Grill in 2008. On-sale wine and 3.2 percent malt liquor licenses require owners of these . establishments to comply with Resolution No. 9511, which outlines discipline they can expect if any on-going problems occur. A copy of this resolution has been given to the owner 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 27, 2008: Chipotle Mexican Grill of Colorado has received no violations for the sale of alcohol to underage youth. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and 3.2 percent malt liquor licenses. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • The requirements in Resolution No. 9511 must be met. • Staff is requesting that the Council remind all on-sale wine and 3.2 percent malt liquor license holders of the need to submit all renewal application materials, and required attachments, by the requested due date. Due to internal deadlines, it is imperative that these renewals get returned. to City staff when due. Beginning 2009, failure to submit renewal forms by the required due date could result in the applicant's license not being considered for renewal. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • This agenda item is the first request out of six for the renewal of the on-sale wine and 3.2 percent malt liquor 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, 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. • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should considerthegranting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota. State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers Breakdown of Public Safety Contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Terry Delph, On-premises Manager • • ~° ~ -~ • Chipotle Mexican Grill of Colorado, LLC Directors and Officers Matthew Steven Ells LLC Manager -Denver, Co. Montgomery Frederick Moran LLC Manager -Boulder, Co. Terry Delph On-premise Manager Assists October 2007 -September 2008 Chipotle Mexican Grill of Colorado, LLC 2007 • Traffic Inspections/Licensing Medical/Fire TOTAL CONTACTS 22 CRIMINAL CONTACTS 20 Incidents (see bottom of page for specifics) (13) Alarm (7) MISC. NON-CRIMINAL 2 PUBLIC SAFETY CONTACTS (~) (1) (0) (0) 2008 0 0 (0) (0) 0 (0) (0) (0) (0) The criminal contacts for 2008 were: There were no criminal contacts for 2008 (Numbers in parenthesis are included in total contactfigures.) • C7 AGENDA SECTION: pIIBLIC HEARINGS AGENDA ITEM # 9B REPORT # 305 STAFF REPORT CITY COUNCIL MEETING DECEMBER 09, 2008 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER Nauc, T/TLE n ~.J DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 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. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2009 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. II. BACKGROUND On November 6, 2008, the City received the renewal application and other required documents for 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. -The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: Richard Bruce Thompson is the sole owner of the establishment and continues to serve as the General Manager of the restaurant. He has no known criminal record. A current list of officers is attached. 1209 PH Thompsons Fireside Pizza Wine and Malt Liquor Licenses for 2009 All general real estate taxes, state sales and withholding taxes have been paid and ,are current. The required proof of liquor liability insurance has been received showing Zurich Insurance Company affording the coverage. Workers' Compensation insurance has also been supplied. An accountant's statement has been submitted covering the period of October 2007 through September 2008 and indicates that food sales accounted for 91.78% of the total sales, while alcohol accounted for 8.22% of the total sales. Public Safety had two (2) contacts with Thompson's Fireside Pizza, Inc. from October 2007 through September 2008. This compares with six (6) contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints regarding Thompson's Fireside Pizza in the previous year. On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511 which outlines 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 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 27, 2008. Thompson's Fireside Pizza has received no violations for the sale of alcohol to underage youth. III. -BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and 3.2 percent malt liquor licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES • The requirements in Resolution No. 9511 must be met. C. FINANCIAL • No/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2009 the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers • Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Bruce Thompson, Owner r1 U R ""~ I Thompson's Fireside Pizza, Inc. Fireside-Pizza Directors and Officers Richard Thompson President/Owner -Manager PUBLIC SAFETY CONTACTS October 2007 through September 2008- Thompson's Fireside Pizza, Inc. 2007 2008 TOTAL CONTACTS 6 2 CRIMINAL CONTACTS 3 0 Incidents (see bottom of page for specifics) (3) (0) Alarm (0) (0) MISC. NON-CRIMINAL 3 2 Assists (1) (1) Traffic (1) (1) Inspections/Licensing (1) (0) Medical/Fire (0) (0) The criminal contacts from October 2007 through September 2008 were: There were no criminal contacts with this establishment for the previous year. (Numbers in parenthesis. are included in total contact figures) C~ AGENDA SECTION: pUBL.TC HEARINGS AGENDA ITEM # qC REPORT # 3(16 ~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 09, 2008 • REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 on-sale wine and 3.2 percent malt liquor licenses for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of the 2009 on-sale wine and 3.2 percent malt liquor licenses for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street. II. BACKGROUND On November 18, 2008, the City received the renewal application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization remains unchanged. Ricky Kiang is serving as President, Vice-President, Secretary and Treasurer. Sui Fun Kiang serves as the General Manager of the restaurant. Neither of these individuals has any known criminal record. 1209 PH Red Pepper On-Sale Wine and Malt Liquor Licenses for 2009 BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE All general real estate taxes, state sales and withholding taxes have been paid and are current. The lease between the applicant and the property owner, Principle .Life Jnsurance Company, continues to be in effect with all payments current.. Proof of liquor liability insurance has been received showing Truck Insurance exchange affording the coverage. Proof of workers' compensation insurance coverage has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2007 through September 2008 and indicates that food sales accounted for 98.88% of the total sales, while 3.2 percent maltiiquor and on-sale wine sales accounted for 1.12% of the total sales. There were no Public Safety contacts with Red Pepper from October 2007 through September 2008. This compares with no Public Safety contact for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints for Red Pepper in 2008. On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines 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 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 27, 2008. Red Pepper has received no violations for the sale of alcohol to underage youth. III. BASIS OF RECOMMENDATION A. POLICY The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and 3.2 percent malt liquor licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no .reason to deny the issuance of the license requested. B. CRITICAL ISSUES • The requirements in Resolution No. 9511 must be met. • C. FINANCIAL • N/A D. ~ LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • .Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers • Breakdown of Public Safety Contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Ricky Kiang, Owner of the establishment • • ~~ Kiang's Red Pepper Inc. Red Pepper Chinese Restaurant Directors and Officers Ricky Kiang President, Vice-President, Secretary and Treasurer Sui Fun Kiang General Manager. PUBLIC SAFETY CONTACTS October 2007 through September 2008 Red Pepper Chinese Restaurant • 2007 2008 TOTAL CONTACTS 0 0 CRIMINAL CONTACTS 0 0 Incidents (see bottom of page for specifics) (0) (0) Alarm (0) 0) MISC. NON-CRIMINAL 0 0 Assists (0) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) There were no criminal contacts for Red Pepper from October 2007 through September 2008. (Numbers in parenthesis are included in total contact figures) • AGENDA SECTION: PIIBLIC HEARINGS AGENDA ITEM # qD REPORT # X07 ~' STAFF REPORT CITY COUNCIL MEETING DECEMBER O9, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER ITEM FOR COUNCIL CONSIDERATION: Public Hearing for consideration of the renewal of 2009 on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop -Colorado Inc., d/b/a Noodles and Company, 7630 Lyndale Avenue South. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of the 2009 on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop -Colorado Inc., d/b/a Noodles and Comaanv. 7630 Lvndale Avenue South. II. BACKGROUND On November 3, 2008, the City received the renewal applications and other required documents for on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, d/b/a Noodles and Company. The applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization remains unchanged from the previous year. Keith Joseph Kinsey serves as the President/Director and the Secretary of the organization. Brenton Henderson continues to serve as the On-premises Manager. None of these individuals has any known criminal record. A current list of officers is attached. 1209 PH Noodles On Sale Wine & Malt Liquor Licenses for 2009 The required proof of liquor liability insurance coverage has been received showing Federal Insurance Company affording the coverage. Proof of workers' compensation insurance has also been supplied. The property is owned by Lyndale Gateway LLC. The lease between the applicant and the landlord is in effect with all payments current. An accountant's statement has been prepared and submitted covering the period from October 2007 through September 2008, and indicates that food sales accounted for 91.4% of the total sales, while liquor sales accounted for 8.6% of the total sales. All general sales, real estate and withholding taxes have been paid and are current. There were 10 Public Safety contacts with Noodles restaurant from October 2007 through September 2008. This compares to 15 contacts from the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints regarding Noodles and Company for the past year. On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines discipline they can expect if any on-going problems occur. A copy of this resolution has been given to the owner 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 27, 2008. In April 2007, Noodles and Company was cited for the sale of alcohol to underage youth. This was their first offense. They paid a $1000 fine and had their license to sell alcohol suspended for five days. Noodles and Company has received no violations since that date. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statues pertaining to on-sale wine and 3.2 percent malt liquor licenses. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. . B. CRITICAL ISSUES •' That the requirements in Resolution 9511 are met., C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers • Breakdown of Public Safety Contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representative(s) of Noodles and Company • ~~° ~ The Noodle Shop-Colorado, Inc. Noodles and Company Directors and Officers Keith Joseph Kinsey Brenton Henderson President/Director/Secretary On-Premise Manager PUBLIC SAFETY CONTACTS October 2007 -September 2008 The Noodle Shop -Colorado Inc., DBA Noodles and Company TOTAL CONTACTS 2007 2008 15 10 CRIMINAL CONTACTS 14 6 Incidents (see bottom of page for specifics) (6) (4) Alarm (8) (2) MISC. NON-CRIMINAL 1 4 Assists (0) ~ (2) Traffic (1) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts for 2008 were: two property damage, o ne theft, one received stolen property, and two alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: pDBLIC HEARINGS AGENDA ITEM # 9E REPORT # 308 ~~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR (~ REVIEW: REVIEWED BY CITY MANAGER. / BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 on-sale wine and 3.2 percent malt liquor licenses for Naviya's Thai Kitchen, 6345 Penn Avenue South, Richfield. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2009 on-sale wine and 3.2 percent malt liquor licenses for Naviya's Thai Kitchen, 6345 Penn Avenue South, . Richfield. II. BACKGROUND On November 6, 2008, the City received the application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Naviya's Thai Kitchen. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: The structure of the organization has remained unchanged. Naviya LaBarge is the • sole owner of the establishment. Kim LaBarge continues to serve as the On- premises Manager. Neither of these individuals, has any known criminal record. 1209 PH Naviya's Thai Restaurant On-Sale Wine & Malt Liquor Licenses for 2009 All general real estate, state sales and withholding taxes have been paid and are current. Proof of liquor liability insurance coverage has been received showing General Companies affording the coverage. Proof of workers' compensation insurance has also been supplied.. An accountant's statement has not yet been submitted. This statement is currently being prepared and will be submitted to staff prior to the December 9 City Council hearing There were no Public Safety contacts with Naviya's Thai Kitchen from October 2007 through September 2008. This compares to five (5) contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints for Naviya's Thai Kitchen in 2008. On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 951,1, which outlines discipline they can expect if any on-going problems occur. A copy of this resolution has been given to the owner of the establishment. • There are no distance requirements to notify neighbors of the issuance 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 27, 2008. Naviya's Thai Kitchen has received no violations for the sale of alcohol to underage youth. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statues pertaining to on-sale wine and 3.2 percent malt liquor licenses. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • The requirements in Resolution 9511 must be met. • C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of a license extensions to allow the applicant to continue to sell liquor until the hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers • Breakdown of Public Safety Contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Naviya LaBarge, Owner • Kim LaBarge, On-Premise Manager ~L=~1 Naviya's Thai Kitchen Directors and Officers Naviya LaBarge Kim LaBarge Owner On-premise Manager PUBLIC SAFETY CONTACTS October 2007 -September 2008 Naviya's Thai Kitchen 2007 2008 TOTAL CONTACTS 5 0 CRIMINAL CONTACTS 5 0 Incidents (see bottom of page for specifics) (5) (0) Alarm. ~ (0) (0) MISC. NON-CRIMINAL 0 0 Assists (0) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts for 2008 were: There were no Criminal contacts for 2008. (Numbers in parenthesis are included in total contact figures.) U • AGENDA SECTION: II$ .T .ARTNG4 AGENDA ITEM # qg REPORT # X09 ~- STAFF REPORT CITY COUNCIL MEETING DECEMBER O9, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR. REVIEW: REVIEWED,BY CITY MANAGER. BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER ITEM FOR COUNCIL CONSIDERATION: Public Hearing for consideration of the renewal of 2009 on-sale wine and 3.2 percent malt liquor licenses for Patrick's French Bakery, Inc., d/b/a Patrick's Bakery & Cafe, 2928 W. 66th Street, Richfield, MN. L RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of the 2009 on-sale wine and 3.2 percent malt liquor licenses for Patrick's French Bakery, Inc., d/b/a Patrick's Bakery & Cafe, 2928 W. 66th Street, Richfield, MN. ~l II. BACKGROUND On November 4, 2008, 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 paid the required fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization has remained unchanged. Patrick Bernet serves as the President of the organization and Rafieh Bernet serves as the Vice-President. Rafieh Bernet also serves as manager of the establishment. 1209 Patrick's Bakery On-Sale Wine and Malt Liquor Licenses for 2009 Neither of these individuals has any known criminal record. A list of officers is attached. The required proof of liquor liability insurance coverage has been received showing American. Fire & Casualty Company affording the coverage. Proof of workers' compensation insurance has also been supplied. The property is owned by Principal Life Insurance Company c/o Madison Marquette. The lease between the applicant and the landlord are in effect with all payments current. An accountants statement has been prepared and submitted covering the period from October 2007 through September 2008 and indicates that food sales accounted for 99.03% of the total sales, while liquor sales accounted for 0.97% of the total sales. All general sales, real estate and withholding taxes have been paid and are current. There were 10 Public Safety contacts with Patrick's Bakery & Cafe from October 2007 through September 2008. This compares to no (0) contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints regarding Patrick's Bakery & Cafe during the past year. On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines discipline they can expect if any on-going problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance 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 27, 2008. In April 2008, Patrick's French Bakery was cited for the sale of alcohol to underage youth. This was their first offense. They paid a $1000 fine and had their license to sell alcohol suspended for five days. Patrick's French Bakery-has received no violations since that time. • III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statues pertaining to on-sale wine and 3.2 percent malt liquor licenses. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • That the requirements in Resolution 9511 are met. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the .rescheduled hearing can be conducted. Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340.415, be based. upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The. Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure'Act. V. ATTACHMENTS • List of Officers Breakdown of Public Safety Contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Patrick Bernet, Owner • Rafieh Bernet, Owner/Manager rte' Patrick's French Bakery, Inc. Patrick's Bakery & Cafe Directors and Officers Patrick Bernet President Rafieh Bernet Vice-President and On-Premise Manager PUBLIC SAFETY CONTACTS October 2007 -September 2008 Patrick's Bakery & Cafe 2007 2008 TOTAL CONTACTS 0 10 CRIMINAL CONTACTS 0 3 Incidents (see bottom of page for specifics) (0) (3) Alarm (0) (0) MISC. NON-CRIMINAL - 0 7 Assists (0) (5) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (2) The criminal contacts for 2008 were: One theft, one harassing communication, and one suspicious person. (Numbers in parenthesis are included in.total contact figures) • AGENDA SECTION: pUBT T ARTNC4 AGENDA ITEM # ).OA REPORT # ~ ~ 0 J STAFF REPORT CITY COUNCIL MEETING DECEMBER 09, 2008 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 on-sale intoxicating and Sunday liquor licenses for The Frenchman's, 1400 East 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2009 on-sale intoxicating and Sunday liquor licenses for The Frenchman's, 1400 East 66th Street. II. BACKGROUND On November 3, 2008, the City received the application and other required documents for On-sale intoxicating and Sunday liquor licenses for The Frenchman's. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: Mary Christine Blake is the sole owner of the establishment. She also serves as the General Manager of the restaurant. Ms. Blake has no known criminal record. Mary Blake is the owner of the property and Venture Bank in Bloomington is the Mortgage Company. -All payments are current. All general real estate, state sales and withholding taxes have been paid and are current.. 1209 PH Frenchman's On Sale Intoxicating and Sunday Liquor Licenses for 2009 Proof of liquor liability insurance has been received showing Illinois Casualty as affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2007 through September 2008; and indicates that food sales accounted for 56% of the total sales, while liquor sales accounted for 44% of the total sales. There were 57 Public Safety contacts with The Frenchman's from October 2007 through September 2008. This compares'with 53 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints in 2008 for The Frenchman's. On-sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines 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 distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2008. In July 1999, The Frenchman's was cited for the sale of alcohol to underage youth. They paid a $500 fine and had their license to sell alcohol suspended for two days. They also failed in December 2003 and. again in June 2004. In December of 2003, they paid a $1,000 fine and had their license to sell alcohol suspended for five days. In June of 2004, they paid a $1,750 fine and had their license to sell alcohol suspended for seven days. The Frenchman's has received no violations since that date. III. BASIS OF RECOMMENDATION A. POLICY • The applicant. has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the licenses requested. • B. CRITICAL ISSUES • The requirements in Resolution No. 9511 must be met. • Staff is requesting that the Council remind all on-sale intoxicating liquor license holders of the need to submit all renewal application materials, and required attachments, by the requested due date. Due to internal deadlines, it is imperative that these renewals get returned to City staff when due. Beginning 2009, failure to submit renewal forms by the required due date could result in the applicant's license not being considered for renewal. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • This agenda item is the first request out of seven for the renewal of the on- sale intoxicating and Sunday liquor licenses. (In setting the public hearing on November 10, Taco Morales was included as the eighth applicant and yet staff has not received a renewal application packet from them. As a result, the Council should cancel the public hearing for Taco Morales.) 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. • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the- licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mary Christine Blake, Owner of the establishment I'1 ~J rc~~-( The Frenchmans Directors and Officers Mary Christine Blake Owner and General Manager PUBLIC SAFETY CONTACTS October 2007 through September 2008 The Frenchman's 2007 Zoos TOTAL CONTACTS 53 57 CRIMINAL CONTACTS 42 40 Incidents (see bottom of page for specifics) (40) (28) Alarm (2) (12) MISC. NON-CRIMINAL 11 17 Assists ~ (1) (9) Traffic (4) (2) Inspections/Licensing (5) (0) Medical/Fire (1) (6) The criminal contacts from October 2007 through September 2008 were: five suspicious people, four drunkenness, five thefts, two warrants, four fights, one assault, two disturbances, two property damage accidents, one hit & run accident, one threat, one drug, and 12 alarms. (Numbers in parenthesis are included in total contact figures) ~~ AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # lOC REPORT # 311 ~~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 09, 2008 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 on-sale intoxicating and Sunday liquor licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 L ndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of the 2009 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. II. BACKGROUND On October 28, 2008, the City received the renewal application and other required documents for the on-sale. intoxicating and Sunday liquor licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar. The applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: The structure of the organization remains unchanged. Arnold Auro Angeloni serves as President and Kim Zeigler continues to serve as the on-premises manager. 1209 Houlihans On-Sale Intoxicating and Sunday Liquor Licenses for 2009 .Neither of these individuals has any known criminal record.. A current list of officers is attached. The property being leased by Houlihan's Restaurant & Bar is owned by Woodlake- VEF IV, LLC. The lease between the applicant and the landlord are in effect with all payments current. Proof of liquor liability insurance coverage has been received showing General Casualty Companies affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. A financial statement has been prepared and submitted. This statement covers the period from October 2007 through August 2008 and indicates that food sales accounted for 70.5% of the total sales, while liquor sales accounted for 29.5% of the total sales. Environmental Health staff received no complaints regarding Houlihan's Restaurant & Bar. in the past year. Public Safety had 15 contacts with Houlihan's Restaurant. & Bar from October 2007 through September 2008. This compares with 56 contacts for the previous year. A breakdown of these contacts is attached to this report. There are no distance requirements to notify neighbors of the issuance of an on- sale intoxicating and Sunday liquor licenses. On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2008. In July 2001, Houlihan's Restaurant & Bar was cited for the sale of alcohol to underage youth. This was their first violation. They paid a $500 fine and had their license to sell alcohol suspended for two days. Houlihan's Restaurant & Bar has received no violations since that date. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing. • Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the licenses requested. B. CRITICAL ISSUES The requirements in Resolution No. 9511 must be met. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic ,beverages. The Council .must also note that no revocation or suspension takes effect until the licensee has .been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS ~• List of Officers • Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Houlihan's Staff C 1C~~--~ Houlihan's Restaurant & Bar Officers Arnold Auro Angeloni Kim Richard Zeigler CEO/President On-Premises Manager PUBLIC SAFETY CONTACTS October 2007 through September 2008 Houlihan's Restaurant & Bar 2007 2008 TOTAL CONTACTS 56 15 CRIMINAL CONTACTS 31 11 Incidents (see bottom of page for specifics) (29) (11) Alarm (2) (0) MISC. NON-CRIMINAL 25 4 Assists (17) (4) Traffic (3) (0) Inspections/Licensing (1) (0) Medical/Fire (4) (0) The criminal .contacts from October 2007 through September 2008 were: five suspicious persons, one property damage accident, one theft, three drunkenness, and one DWI. (Numbers in parenthesis are included in total contact figures) -r1 AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT PIIBLIC HEARINGS lOD 312 CITY COUNCIL MEETING DECEMBER 09, 2008 BETSY OSBORN, SUPPORT SERVICES DNISION MANAGER REPORT PREPARED BY: NAME, TITLE ~1 U DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: -ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of the 2009 on-sale intoxicating and Sunday liquor licenses for Don Pablo's Operatin Corporation d/b/a Don Pablos, 980 West 78th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2009 on-sale intoxicating and Sunday liquor licenses for Don Pablo's Operating. Corporation d/b/a Don Pablos, 980 West 78th Street. II. BACKGROUND On November 3, 2008, the City received the renewal application and other required documents for the on-sale intoxicating and Sunday liquor licenses for Don Pablo's Operating Corporation d/b/a Don Pablos. The applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization has changed from last year. Paul Joseph Seidman now serves as COO/President. Kurt John Schnaubelt continues to serve as the Secretary and Treasurer. Rick Linton continues to serve as the On- premise manager. None of these individuals has any known criminal record. A current list of officers is attached. 1209 PH Don Pablo's Liquor Licenses for 2009 All general sales,, real estate and withholding taxes have been paid and are current. The lease between the applicant and the property owner, CSM Investors, -Inc. is in effect with all payments current. Proof of liquor liability insurance has been received showing American Home Assurance Company affording the coverage. Workers' compensation insurance has also been supplied. An accountant's statement has not yet been submitted. The accountant's statement is currently being prepared and will be submitted prior to the December 9 Council. meeting. Public Safety had 28 contacts with Don Pablos from October 2007 through September 2008. This compares with 18 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints regarding Don Pablos during the past year. On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines 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 distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2008. In July 1999, Don Pablos was cited for the sale of alcohol to underage youth. They paid a $500 fine and had their license to sell alcohol suspended for two days. They. received a second violation in October 2000. They received a $1500 fine and had their license to sell alcohol suspended for five days. Don Pablo's failed a liquor compliance check in October 2006, but because they have successfully passed. more than two consecutive compliance checks, this is considered a first offense. They received a $1000 fine and had their license to sell alcohol suspended for five days. Don Pablo's has received no violations since that date. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licenses. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES The requirements of Resolution No. 9511 must be met. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing: However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance • relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers • Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Don Pablos staff ~~ I Cep-I • Don Pablo's Operating Corporation Don Pablos Officers and Directors Paul Joseph Seidman COO/President Kurt John Schnaubelt Secretary /Treasurer/CFO Rick Linton On-Premise Manager ------------------------------------------------------------------------------------------------------------ PUBLIC SAFETY CONTACTS October 2007 -September 2008 Don Pablo's • 2007 2008 TOTAL CONTACTS 18 28 CRIMINAL CONTACTS 14 16 Incidents (see bottom of page for specifics) (9) (3) Alarm (5) (13) MISC. NON-CRIMINAL 4 12 Assists (0) (2) Traffic (2) (2) Inspections/Licensing (1) (1) Medical/Fire (1) (7) The criminal contacts from October 2007 through September 2008 were: one suspicious person, one domestic, one drug and thirteen (13) alarms. (Numbers in parenthesis are included in total contact figures) • AGENDA SECTION: p iRi.TC .ARTNGS AGENDA ITEM # ~ OF REPORT # ~ ~ ~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 09, 2008 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE C: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 on-sale intoxicating.and Sunday liquor licenses for Paisan, Inc. d/b/a Khan's Mongolian Barbeque, 500 East 78th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of the 2009 on-sale intoxicating and Sunday liquor licenses for Paisan, Inc., d/b/a Khan's Mongolian Barbeque, 500 East 78th Street. II. BACKGROUND On November 18, 2008, the City received the renewal application and other required documents for the on-sale intoxicating and Sunday liquor licenses for Paisan, Inc., d/b/a Khan's Mongolian Barbeque. The applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization remains unchanged from last year. Mitchell Law and Sherri (Paisan) Law are the owners of the establishment. Mitchell Law continues to serve as the General Manger of the restaurant. Neither of these individuals .has any known criminal record. 1209 PH Khans Liquor Licenses for 2009 The lease between the applicant and the property owner, Roy A. Bogen, is in effect with all payments current. All general sales, real estate and withholding taxes have been paid and are current. Proof of liquor liability insurance has been received showing Safeco Insurance 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 November 2007 through September 2008, and indicates that food sales accounted for 93% of the total sales, while liquor sales accounted for 7% of the total sales. Public Safety had seven (7) contacts with Khan's from October 2007 through September 2008. This compares with 10 contacts for the previous year. A breakdown of these contacts is attached to this report. The Environmental Health staff received no comrplaints for Khan's Mongolian Barbeque in the past year. On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines 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 distance requirements in which to notify neighbors of the issuance or renewal of on-sale and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2008. In July 1999, Khan's Mongolian Barbeque was cited for the sale of alcohol to underage youth. They paid a $500 fine and had their license to sell alcohol suspended for two days for their first violation. In July 2001, Khan's Mongolian Barbeque was cited for their second violation. Since this second violation occurred just two days prior to the two-year time frame established in resolution no. 8808, the owner of the establishment requested that the violation be considered a first violation with the agreement that the fees and suspension period remain that of a second violation. Council approved the request and Khan's Mongolian Barbeque received a $1500 fine and had their license to sell alcohol suspended for five days. Khan's Mongolian Barbeque failed a liquor compliance check on September 3, 2005. This is considered a first violation due to the time elapsed from the previous one. They received a $1500 fine and had their license to sell alcohol suspended for five days. Khan's Mongolian Barbeque has received no violations since that date. • III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES • The requirements of Resolution No. 9511 must be met. C. FINANCIAL N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A • IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. ~ V. ATTACHMENTS ~ List of Officers Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mitchell Law • ~a~~~ KHAN'S MONGOLIAN BARBEQUE Officer and Directors Mitchel Law President & On-Premises Manager Sherri (Paisan) Law Vice President/Treasurer PUBLIC SAFETY CONTACTS October 2007 -September 2008 Khan's Mongolian Barbeque 2007 2008 TOTAL CONTACTS 10 7 CRIMINAL CONTACTS ~ 5 4 Incidents (see bottom of page for specifics) ~ (2) (1) Alarm (3) (3) MISC. NON-CRIMINAL 5 3 Assists (2) (1) Traffic (3) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts from October 2007 through September 2008 were: one suspicious person and three alarms. (Numbers in parenthesis are included in total contact figures) ~' STAFF REPORT EDBLIC HEARINGS lOF 314 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING DECEMBER 09, 2008 REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of on-sale intoxicating and Sunday liquor licenses for 2009 for Champps Operating Corporation d/b/a Champps Restaurant, 790 West 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of the 2009 on-sale intoxicating and Sunday liquor licenses for Champps Operating Corporation d/b/a Champps Restaurant, 790 West 66th Street. II. BACKGROUND On November 16, 2008, the City received the renewal application and other required documents for on-sale intoxicating and Sunday liquor licenses for Champps Operating Corporation d/b/a Champps Restaurant. The applicant has paid the required fees. The Public Safety background investigation has been completed .and reveals the following: , • The corporate structure of the organization remains unchanged from last year: James Keith Zielke serves as President and Kimberly Kay Fowles serves as Secretary. Taryn Ross Ellis continues to .serve as the General Manager. None of these individuals has any known criminal record. A current list of officers is attached. 1209 PH Champps Liquor Licenses for 2009 All general sales, real estate and withholding taxes have been paid and are current. The lease between the applicant and the property owner, Market Plaza Commercial, LTD., c/o G. & P. Properties, .Inc. is in effect with all payments current. Proof of liquor liability insurance coverage has been received showing Zurich American Insurance Company affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. An accountant's statement has not yet been submitted. This statement is currently being prepared and will be submitted prior to the December 9 Council hearing. There were 45 Public Safety/Police contacts with Champps restaurant from October 2007 through September 2008. This compares with 35 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff did not receive any complaints during the past year regarding Champps. On-sale intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines .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 distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2008. In July 1999 and November 1999, Champps Restaurant was cited for the sale of alcohol to underage youth. They paid a $500 fine and had their license to sell alcohol suspended for two days for their first violation. For their second violation, they received a $1500 fine and had their license to sell alcohol suspended for five days. They did not receive any violations in the years 2000 or 2001. In April of 2002, Champps received a third violation for the sale of alcohol to underage youth. The City Council considered this their second violation rather than a third violation due to the fact that the alcohol discipline Resolution 8808 was rescinded after their violation and Resolution 9204 was in place at the time they appeared before the City Council. The licensee did, however, receive a fine of $1750 and had their license to sell alcohol suspended for ten days, as is the penalty for third time violators. In March 2008, Champps Restaurant was cited for the sale of alcohol to underage youth. Technically; this is a fourth violation but because of the time that has elapsed between now and the previous violation on April 4, 2002, it would count as a first violation. They paid a $1000 fine and had their license to sell-alcohol suspended for five days. There have been no other violations since that time. B. CRITICAL ISSUES • The requirements of Resolution No. 9511 must be met. Accountant's statement must be received prior to December 9 Council meeting. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with. an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers • Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Don Pablos staff • ~~~-~ Champps Operating Corporation Champps Restaurant Officers-and Directors James Keith Zielke President Kimberly Kay Fowles Secretary PUBLIC SAFETY CONTACTS October 2007- September 2008 Champps Restaurant 2007 2008 TOTAL CONTACTS 35 45 CRIMINAL CONTACTS 28 31 Incidents see bottom of a e for s ecifics 26 31 .Alarm (2) (0) MISC. NON-CRIMINAL 7 14 Assists (1) (6) Traffic (5) (5} Inspections/Licensing (0) (0) Medical/Fire (1) (3) The criminal contacts from October 2007 through September 2008 were: six thefts, six suspicious persons, two disturbances, three assaults, six drunkenness, one property damage, two fights, one domestic, one forgery, and three noise complaints. (Numbers in parenthesis are included in total contact figures) • • AGENDA SECTION: pDBLIC HEARINGS AGENDA ITEM # . lOG REPORT # 315 STAFF REPORT CITY COUNCIL MEETING DECEMBER 09, 2008 :7 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DNISION MANAGER ITEM FOR COUNCIL CONSIDERATION: Public hearing.for consideration of the renewal of 2009 on-sale intoxicating and Sunday liquor licenses for HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of on-sale intoxicating and Sunday liquor licenses for HKD Lo, Inc., d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet-Avenue South. II. BACKGROUND On October 28, 2008, the City received the renewal application and other required documents for on-sale intoxicating and Sunday liquor licenses for HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue South. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization remains unchanged. Yik Lo serves as president and Yau Lo serves as Secretary. Kee Lo serves as the on-premise manager. None of these individuals has any known criminal record. A current list of officers is attached. 1209 PH Jun Bo On-Sale Intoxicating & Sunday Liquor Licenses for 2009 All general real estate, state sales and withholding taxes have been paid and are current. The required proof of liquor liability insurance coverage has been received showing United Fire and Casualty affording the coverage. Proof of workers' compensation insurance coverage has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from August 2007 through September 2008 and indicates that food sales accounted for 81.5% of the total sales, while liquor sales accounted for 18.5% of the total sales. There were 69 Public Safety contacts with Jun Bo from October 2007 through September 2008. This compares to 82 calls from the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received two complaints regarding Jun Bo in 2008. One complaint was regarding garbage/debris in the parking lot and the other was regarding peeling paint on the building. The applicant was notified of these complaints and corrected the problems. No further complaints have been received. On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines discipline they can expect if any on-going problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2008. Jun Bo has received no violations for the sale of alcohol to underage youth. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions, of both City Codes and State Statutes pertaining to on-sale intoxicating and .Sunday liquor licensing. • Based on the information supplied, there appears to be no reason to deny the licenses requested. B. CRITICAL ISSUES • The requirements of Resolution No. 9511 must be meta C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers ' Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representative(s) of Jun Bo Chinese Restaurant. • l~c~-~ HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant • Yik Chi Lo Yau Mai Lo Kee Lo President Vice-President On-Premise Manager PUBLIC SAFETY CONTACTS October 2007 through September 2008 HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant • Directors and Officers 2007 2008 TOTAL CONTACTS 82 69 CRIMINAL CONTACTS 47 36 Incidents (see bottom of page for specifics) (44) (33) Alarm (3) (3) MISC. NON-CRIMINAL 35 33 Assists (23) (22) Traffic (5) (8) Inspections/Licensing (4) (0) Medical/Fire (3) (3) The criminal contacts from October 2007 through September 2008 were: three • drunkenness, one theft, ten suspicious activities, three alarms, three disturbances, four assaults, two fights, three order for protection, two noise complaints, one 911 call, one drug call, one robbery, one property hit and run accident, and one DWI. (Numbers in parenthesis are included in total contact figures) • • AGENDA SECTION: PDBLIC HEARINGS AGENDA ITEM # lOH REPORT # 316 r~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, ADMINISTRATNE SUPPORT ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2009 on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Richfield Hotel Associates d/b/a Ramada Inn, 7745 L ndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the. public hearing and by motion: • Approve the renewal of 2009 on-sale intoxicating and Sunday liquor licenses for Richfield Hotel Associates d/b/a Ramada Inn, 7745 Lyndale Avenue South; and • Approve optional 2 a.m. closin II. BACKGROUND On November 3, 2008, the City received new applications and other required documents for on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing,. for Richfield Hotel Associates d/b/a Ramada Inn. The applicant. has paid the required licensing fees. The Public Safety background investigation has been completed and reveals the following: • Richfield Hotel Associates is a Partnership compromised of five individual owners. They are as follows: Thomas W. LaSalle, Arthur Petrie, William L. Brusman, John Hankinson and Bruce Nimmer. There are also limited partnerships associated with the ownership of Richfield Inn Associates that are companies owned by these five 1209 PH Ramada Inn On-Sale Intoxicating and Sunday Liquor Licenses for 2009 SERVICES MANAGER general partners. Criminal history checks were conducted on all five of the general partners. -None of these individuals has any criminal record. In addition, no criminal records were found for Adam Reed Selby, who serves as the manager of the establishment. The Richfield Hotel Associates is managed by LaSalle Group Limited located in Bloomington, MN. The property is owned by the applicant with Numora Asset Capital Corporation holding the mortgage. All general sales, real estate and withholding taxes have been paid and are current. Proof of liquor liability insurance coverage has been received showing United Fire and Casualty affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. As a result of this license just being approved in August, and liquor sales did not begin until October, there is no accountant's statement to be submitted regarding the food/alcohol ratio. There were three Public Safety contacts with the Ramada Inn since their original license was issued in August 2008. As this is a newly issued license, there are no previous "calls for service" contact records to compare this with. A breakdown of • the current contacts is attached to this report. Environmental Health staff received no complaints regarding the Richfield Inn during the past year. On-sale intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines 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 intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2008. In October 2008, the Ramada Inn was cited for the sale of alcohol to underage youth. This was their first violation. They are scheduled to appear before the Council in January 2009 for this violation. If they acknowledge the sale, they will receive a $1000 fine and have their license to sell alcohol suspended for five days. The,Ramada Inn has received no violations since that time. • III. BASIS OF RECOMMENDATION A. POLICY • The. applicant. has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • The requirements of Resolution No. 9511 must be met. C. FINANCIAL D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2009, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the license. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Richfield Hotel Associates officer/staff • f~1~,1 Richfield Hotel Associates • Thomas LaSalle Arthur Petrie William Brusman .John Hankinson Bruce Nimmer Ramada Inn Partners Managing General Partner Managing General Partner Partner Partner Partner PUBLIC SAFETY CONTACTS August 2008 through September 2008 Ramada Inn • 2008 TOTAL CONTACTS 3 CRIMINAL CONTACTS 2 Incidents (see bottom of page for specifics) (2) Alarm. (0) MISCELLANEOUS NON-CRIMINAL 1 Assists (1) Traffic (0) Inspections/Licensing (0) Medical/Fire (0) The criminal contacts from August 2008 through September 2008 were: one suspicious person and one theft. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 11 REPORT # 317 STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE r1 U • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions approving the 2008 Revised/2009 Proposed budget and tax levy and related resolutions. I. RECOMMENDED ACTION: By motion: Adopt the resolutions approving the 2008 Revised/2009 Pro osed bud et and tax le and related resolutions. II. BACKGROUND In September 2008, the City Council approved and certified a preliminary tax levy of $14,360,125 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 2008 truth-in-taxation hearing on December 1, 2008. 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. Since the initial publication of the 2009 City of Richfield proposed budget document, the original 2009 General Fund budget has been adjusted upwards by $20,000 to account for an increase in estimated overtime expenditures in the Fire Department. The increase in expenditures was offset by an increase in -Fines and Forfeitures 1209budgetstaffreport revenues. In addition, Police and Fire State Aid budgeted revenues were reduced. by $59,410.-The reduction in revenues was offset by an increase in Transfers In, ~~ utilizing the Local Government Aid set aside from 2007. Finally, more up to date information with. regards to the 2009 Capital Improvement Budget (CIB) has become available. The effecfiof this new information on the 2009 CIB is a decrease of budgeted costs of $7,195,000. The decrease is a result of expenditures for the new Police/Fire/City Hall facility being moved form 2009 to 2010 and 2011. III. BASIS OF RECOMMENDATION A. POLICY • A revised 2008 budget and final 2009 budget and tax levy must be adopted on or before December 27, 2008. • 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 2009 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. • B. CRITICAL ISSUES • NIA C. FINANCIAL • The gross tax levy for 2009 reflects a 10.03% increase from the previous year's gross levy. • The levy increase comprises three components as follows: • General Fund and Equipment Levy 1.28% Debt Service Levy Tax Abatement Levy 6.96% 1.79% • The local tax capacity rate for 2009 reflects a 12.28% percent increase from the previous year. • Rates for the Water, Wastewater and Storm Water utilities have the following planned increases: • Water $0.11 per 1,000 gallons • Wastewater 0.09 per 1,000 gallons • Storm Water 0.15 per unit The overall increase in rates for the three utilities from 2008 to 2009 is $.35 or 2.33%. • Included within this Staff Report are the 2009 Pay Plan resolutions for employee groups that are not represented by collective bargaining agreements: the Management, General Services and Specialized Pay Plans. The Management and General Services Pay Plans include all of the full-time positions in the City that are not covered by a collective bargaining agreement as well as the "Regular Part-Time" positions, which are ongoing part-time positions scheduled to work more than 20 hours per week. Those plans both have been increased by 3% for 2009. The Specialized Pay Plan, which includes all of the seasonal and intermittent (less than 20 hours/week) positions in the City did not receive an increase for 2009. The City's Specialized Pay Plan positions are competitive with other cities and can remain flat for one year without affecting the City's ability to fill those positions. D. LEGAL • Atruth-in-taxation public hearing for the 2009 proposed budget and tax levy was conducted on December 1, 2008. IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could adopt a final 2009 budget and tax levy in any amount, which does not exceed the preliminary levy of $14,304,539. V. ATTACHMENTS • Resolution adopting a proposed budget and tax levy for the year 2009. • Resolution authorizing budget revisions. • Resolution authorizing revision of 2008 budget of various departments. • • Resolution authorizing adjustment to City's mileage reimbursement rate to conform to Internal Revenue Service statutory mileage reimbursement rate. • 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. • Resolution adopting the 2009 Capital Improvement Budget. • Resolution adopting the 2010-2013 Capital Improvement Program. • Resolution relating to purchasing practices in the City of Richfield. • Resolution relating to the 2009 General Services Salary compensation plan. • Resolution relating to the 2009 Management Salary compensation plan. • Resolution establishing 2009 license, permit and miscellaneous fees pursuant to the provisions of appendix D of the ordinance code of the City of Richfield. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • RESO~UT~ON NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2009 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 2008 and then recertified before December 29, 2008. 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 2009 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Leg isl ative/Executive Administrative Services Public Safety Fire Services Community Development Public Works Recreation Services TOTAL GENERAL FUND $ 866,880 1,189,130 8,355,240 3,248,080 282,120 4,175,320 1,688,710 $19,805,480 • 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 2009 which are more fully detailed in the City Manager's official copy of the 2009 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $19,805,480 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2008, payable in 2009 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund $12,520,5222 G.O. Improvement Bonds, Series 2007A 371,800 G.O. Improvement Bonds, Series 20076 263,700 G.O. Improvement Bonds, Series 2008A 415,644 G.O. Capital Notes, Series 20086 291,663 G.O. Improvement Bonds, Series 2009A 208,872 Cedar Point Tax Abaterrient 232,338 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. ll-~ 4. The budget for the Housing and Redevelopment Authority of Richfield for the year 2009 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 2008, payable • in 2009 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $596,361 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 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • [[-3 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: 1. 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. 2. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. 3. 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, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 1[- ~ RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2008 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 10029 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2008; 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 2008 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2009 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2008 appropriations for each department of the General Fund be amended to establish the following totals: General Fund n Legislative/Executive $ 836,830 Administrative Services 1,158,100 Public Safety 8,104,270 Fire Services 3,127,540 Community Development 277,480 Public Works 4,023,110 Recreation Services 1,647,990 TOTAL GENERAL FUND $19,175,320 INCREASE $ 154,840 2. Estimated 2008 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 2009 budget, are hereby revised as follows: INCREASE $154,840 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 2008. DebbiE; Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk r~-~ 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, 2008. Debbie Goettel, Mayor ATTEST Nancy Gibbs, City Clerk • RESOLUTION NO. 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 2009 1. 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. 10032: 2. Where the rate is not based upon the metered use of water, the following quarterly flat charges are established effective January 1, 2009 for each billing district as defined in paragraph 3 of this resolution. 2009 A) Residential per unit $ 54.20 B) Commercial - For the equivalent of 10 or less persons M $ 54.20 More than 10, less than 16 98.80 • More than 15, less than 21 138.20 More than 20, less than 26 184.60 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: 2009 For each 100 grade school students or fraction $ 64.70 in excess thereof For each 100 junior high school students or high 162.40 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, 2009, for each 2009 • customer billing district and shall be as follows: $ 2.70 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, 2009, shall be as follows: $ 2.70 C) A customer charge shall be made for each invoice rendered effective January 1, 2009 as follows: $ 3.00 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 furnd, 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 ar~d 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 2009 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 charge due and payable to the City by each water customer of the City, during any quarter shall be $2.34 per 1,000 gallons. Water charges shall be payable quarterly, and all bills issued after January 1, 2009 shall be at this rate. SPECIAL WATER SERVICE CHAFIGES FOR 2009 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 for o tside meter readers 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 $39.00 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 2009 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 corning 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 $51.00 per acre of land. $10.35 is the quarterly rate for asingle-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 thirty (30) 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. 1l-R 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, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk C7 ll-ta RESOLUTION NO. RESOLUTION ADOPTING THE 2009 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget for 2009 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 2009 Capital Improvement Budget in the sum total of $33,642,530 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 Councii in accordance with established laws and practices governing such action, and BE I'T 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, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • RESOLUTION NO. RESOLUTION ADOPTING THE 2010-2013 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program 2010-2013 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 2010-2013 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, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk n ~[-I a- RESOLUTION NO. • RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMIENDING RESOLUTION NO. 8298 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 non-budgeted purchases in excess of $25,000 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 th-e 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 $25,000. • Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • RESOLUTION NO. J ~-` 3 RESOLUTION RELATING TO THE 2009 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for ~eneral Services employees from time-to-time, and WHEREAS, the City administration has prepared a 2009 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 200 9 the following pay plan, which is to be effective January 1, 2009 and subject to all applicable provision s of the City Code: 2009 GENERAL SERVICES COMPENSATION PLAN STEP 1 2 3 4 5 6 RANGE GS1 YR 30,721.60 32,552.00 34,340.80 36,192.00 38,355.20 39,499.20 MO 2,560.13 2,712.67 2,861.73 3,016.00 3,196.27 3,291.60 BW 1,181.60 1,252.00 1,320.80 1,392.00 1,475.20 1,519.20 H R 14.77 15.65 16.51 17.40 18.44. 18.99 GS2 YR 33,800.00 35,547.20 37,273.60 39,166.40 41,184.00 43,222.40 MO 2,816.67 2,962.27 3,106.13 3,263.87 3,432.00 3,601.87. BW 1,300.00 1,367.20 1,433.60 1,506.40 1,584.00 1,662.40 • H R 16.25 . 17.09 17.92 18.83 19.80 20.78 GS3 YR 37,273.60 39,166.40 41,246.40 43,222.40 45,385.60 47,881.60 MO 3,106.13 3,263.87 3,437.20 3,601.87 3,782.13 3,990.13 BW 1,433.60 1,506.40 1,586.40 1,662.40 1,745.60 1,841.60 HR 17.92 18.83 19.83 20.78 21.82 23.02 GS3E YR 40,060.80 42,099.20 44,324.80 46,467.20 48,755.20 51,480.00 MO 3,338.40 3,508.27 3,693.73 3,872.27 4,062.93 4,290.00 BW 1,540.80 1,619.20 1,704.80 1,787.20 1,875.20 1,980.00 H R 19.26 20.24 21.31 22.34 .23.44 24.75 GS4 YR 41,246.40 43,222.40 45,448.00 .47,736.00 50,086.40 52,728.00 MO 3,437.20 3,601.87 3,787.33 3,978.00 4,173.87 4,394.00 BW 1,586.40 1,662.40 1,748.00 1,836.00 1,926.40 2,028.00 H R 19.83 20.78 21.85 22.95 24.08 25.35 GS4E YR 44,283.20 46,446.40 48,838.40 51,334.40 53,872.00 56,596.80 MO 3,690.27 3,870.53 4,069.87 4,277.87 4,489.33 4,716.40 BW 1,703.20 1,786.40 1,878.40 1,974.40 2,072.00 2,176.80 HR 21.29 22.33 23.48 24.68 25.90 27.21 • GS5 YR 45 448.00 47736.00. 50 086.40 52,728.00 55,369.60 58,136.00 MO 3,787.33 3,978.00 4,173.87 4,394.00 4,614.13 4,844.67 BW 1,748.00 1,836.00 1,926.40 2,028.00 2,129.60 2,236.00 HR 21.85 22.95 24.08 25.35 26.62 27.95 (( -1~f GS5E YR 48,838.40 51,334.40 53,830.40 56,596.80 59,446.40 62,753.60 MO 4,069.87 4,277.87 4,485.87 4,716.40 4,953.87 5,229.47 BW 1,878.40 1,974.40 2,070.40 2,176.80 2,286.40 2,413.60 HR 23.48 24.68 25.88 27.21 28.58 30.17 GS6 YR 50,086.40 52,728.00 55,369.60 58,136.00 61,110.40 67,392.00 MO 4,173.87 4,394.00 4,614.13 4,844.67 5,092.53 5,616.00 BW 1,926.40 2,028.00 2,129.60 2,236.00 2,350.40 2,592.00 H R 24.08 25.35 26.62 27.95 29.38 32.40 GS6E YR 53,830.40 56,596.80 59,467.20 62,441.60 65,582.40 72,404.80 MO 4,485.87 4,716.40 4,955.60 .5,203.47 5,465.20 6,033.73 BW 2,070.40 2,176.80 2,287.20 2,401.60 2,522.40 2,784.80 HR 25.88 27.21 28.59 30.02 31.53 34.81 a. Step 1 -Start b. Step 2 -One year from anniversary date. c. Step 3 -One year since last increase. If an employee is rated Needs Improvement, the employee may not advance to Step 3 until performance is rated Satisfactory or higher. d. -Step 4 -One year since last increase. If an employee is rated Needs Improvement, the employee may not advance to Step 4 until performance is rated Satisfactory or higher. e. Step 5 -One year since last increase. An employee must achieve a Satisfactory 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 Satisfactory rating or better in all areas of responsibility before advancing to Step 6. Employees whose competency level and/or performance are rated Unsatisfactory 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 2008. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk ~evised 12-08) 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 Police Cadet Non-Exempt Senior Office Aide Non-Exempt 3 Accounting Clerk Non-Exempt Community Development Assistant Non-Exempt Facility Operations Assistant Non-Exempt Forestry Inspector/Operations Assistant Non-Exempt Environmental Health Assistant Non-Exempt Lead Licensing Clerk Non-Exempt Leased Housing Assistant Non-Exempt Secretary Non-Exempt Utility Billing Clerk Non-Exempt 3E Assistant Liquor Store Manager Exempt 4 Assessment Clerk Non-Exempt Information Technologies Help Desk Technician Non-Exempt 4SNE Administrative Aide Non-Exempt Payroll Accountant Non-Exempt 5 Engineering Technician Non-Exempt Facility Maintenance Supervisor Non-Exempt Recreation Supervisor Part-time Non-Exempt Information Technologies Technician Non-Exempt 5E Code Compliance Specialist Exempt Communications Coordinator Exempt Crime Prevention Program Coordinator Exempt Community Development Accountant .Exempt Community Development Coordinator Exempt Executive Coordinator Exempt Housing Specialist Exempt Human Resources Coordinator Exempt Human Services Planner/Coordinator Exempt Leased Housing Specialist Exempt Naturalist Exempt Records Supervisor Exempt Recreation Supervisor Exempt Redevelopment Specialist Exempt 6 Civil Engineer Non-Exempt Network Administrator Non-Exempt Trade/Building Inspector Non-Exempt Trade/Electrical Inspector Non-Exempt 6E Accountant Exempt Planner Exempt ~l r I RESOLUTION NO. RESOLUTION RELATING TO THE JANUARY 2009 SPECIALIZED PAY PLAN WHEREAS, Section 310.17 of the Ordinance Code 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 2009 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 2009 the following pay plan which is to be effective on January 1, 2009 and subject to the provisions of the personnel rules and regulations ordinance: 2009 SPECIALIZED PAY PLAN INTERMITTENT AND SEASONAL Pay Grade Step 1 Step 2 Step 3 Step 4 SP1-E/NE HR 7.21 7.60 7.91 8.32 SP2-E/NE HR 7.98 8.35 8.75 9.20 • SP3-E/NE HR 8.59 9.01 9.48 9.96 SP4-E/NE HR 9.29 9.77 10.25 10.75 SP5-E/NE HR 10.01 10.55 11.04 11.60 SP6-E/NE HR 10.85. 11.39 11.94 12.54 SP6.1-L/NE HR - 11.73 12.30 12.92 SP7-E/NE HR 11.69 12.28 12.89 13.51 S P8-E/N E H R 12.62 13.27 13.92 14.61 SP9-E/NE HR 13.64 14.35 15.03 15.78 SP10-E/NE HR 14.77 15.48 16.28 17.11 SP11-E/NE HR 15.87 16.72 17.55 18.41 SP12-E/NE HR 17.21 18.02 18.92 19.91 SP13-E/NE HR 18.43 19.42 20.42 21.47 i~-« 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 - One'year from anniversary date Step 3 -One year from last increase Step 4 -One year from last increase Passed by the City Council of the City of Richfield, Minnesota this 9th day of December 2008. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk U • 1 E Pool Attendant/Cross Walk ~ f' .- ("7 8 NE Adaptive Coordinator E Student Intern NE Administrative Services Clerk NE Clerk Typist -Int. & Substitute NE Construction Inspector NE Farmers Market Coordinator 3 NE Bike Patrol Officer NE Publication Supervisor NE Concession I (all sites EXCEPT Pool, NE Teen Coordinator Vet's & Taft) E Maintenance Technician NE Scorer/Timer E Naturalist Coordinator NE Recreation Attendant I E Playground Coordinator E Concession I (Pool, Vet's & Taft only) E Tennis Coordinator E Facility Rental Attendant- 9 NE Community Development Tech. 4 ~ NE Arena Attendant E Special Facilities Coordinator NE Dance Coordinator & Skate (Pool, Mini Golf) Coordinator NE Recreation Attendant II (Men's Open 10 NE Adult Sports Coordinator Gym & Sports Attendant) NE Engineering Aide E Concession II E Pool Supervisor E Facility Cashier E Mini Golf Attendant 11 NE Community Relations Coordinator 5 NE Adaptive Assistant 12 NE Custodian NE Professional Intern 13 NE 911 Dispatcher NE Survey Crew Person Pool Coordinator NE Winter Sports Attendant . E Warming House Attendant Instructors NE Building Inspector 6 NE Adaptive Leader/Specialist NE Figure Skating NE Concession III (all sites EXCEPT Pool) NE Hockey (Arena) NE Receptionist NE Housing & Redevelopment Tech. NE Teen Leader NE Sports Official E Concession III NE Substitute Naturalist E Lifeguard NE Dance E Outdoor Skating/Warming House Supv E .Cross Country Ski E Playground Leader E Hockey (outside) E Tennis 6.1 L-NE Liquor Sales Associate E WSI 7 NE Accounting Clerk OTHER NE Adaptive Program Supervisor Instructor's Range: $5.75 - $50 NE Building Attendent Election Judge $9.00 NE Concession Supervisor (all sites Election Co-Chair $9.50 EXCEPT Pool) Election Chairperson $10.00 NE Construction Specialist NE Maintenance Laborer NE=Non-Exempt, may work up to 40 hours per NE Naturalist I week without overtime pay. NE Video Production Assistant E-Exempt may work up to 48 hours per week NE Zamboni Operator without overtime pay. • E Mini Golf Su erVISOr p All Pool positions are exempt from overtime, even Concessions. All Playground and outdoor Rink positions are exempt. E Concession Supervisor All Community Center, Wood Lake Nature Center, Ice Arena and NE POOI NI ht Watch g Maintenance positions are non-exempt. (Revised 12-08) l ~--~ ~ RESOLUTION NO. RESOLUTION RELATING TO THE 2009 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the municipal code 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 2009 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 2009 the following pay plan, which is to be effective the first full pay period in January 2009 and subject to all applicable provisions of the City. MANAGEMENT COMPENSATION PAY PLAN EFFECTIVE JANUARY 1, 2009 PAY GRADE MINIMUM MID-RANGE MAXIMUM M-L YR 53,019.20 60,528.00 68,016.00 MO 4,418.27 5,044.00 5,668.00 BW 2,039.20 2,328.00 2,616.00 H R 25.49 29.10 32.70 ~-1 YR 57,948.80 66,289.60 74,547.20 MO 4,829.07 5,524.13 6,212.27 BW 2,228.80 2,549.60 2,867.20 H R 27.86 31.87 35.84 M-2 YR 69,014.40 78,832.00 88,732.80 MO 5,751.20 6,569.33 7,394.40 BW 2,654.40 3,032.00 3,4121.80 H R 33.18 37.90 42.66 M-3 YR 75,233.60 85,945.60 96,678.40 MO 6,269.47 7,162.13 8,056.53 BW 2,893.60 3,305.60 3,718.40 H R 36.17 41.32 46.48 M-4 YR 82,014.40 93,683.20 105,393.60 MO 6,834.53 7,806.93 8,782.80 BW 3,154.40 3,603.20 4,053.60 H R 39.43 45.04 50.67 -5 YR 92,643.20 105,851.20 119,100.80 MO 7,720.27 8,820.93 9,925.07 BW 3,563.20 4,071.20 4,580.80 H R 44.54 50.89 57.26 U • • a~ ~ ~ a~ a~ c rn~t .r •~~ ~c a ~ ~ ~ ~ i. O O O N .Q ~., 0 c 6 ~ ~ Q" Z N'= ~ O ~ L N O O~ L G C C ~ U ~ fa 3 ~ (C N ~ N C ~ ~ O fC '~ O N~ O _ \ e ~ V ~ E O ~ ... + Q ~'p ~ ~ O r ho ~ N O `~ "~ O v a~ c~ ~ ~ W N e- N ~ ~ o ~: ~~ E O ~~?Z o _ ~ ~ ~ ~ W ,~ O N O O c~ ~ (6 O" (~ Z cn ~ i o N ;O ~ O > ~ ~ C O f/1 V ~ O ~ ~~~~ ~Z "r ... cn o E ~ ~-~ ~O ~ a ~i ~ ~ U avi ~ o :° J a > _ ~ co a~ >a~o= ap ~~ ~, ~ UN N t/~ ~ c6~ o *r ~ O ~ N~" Z LL U O O N c3 N ~ ~ O Z ~ c ~ ~ O N ~ L ~ ~ ~ O ~ ~ ~ ~ ~ ~ L ~ • ~ ~ 3 ~ cfl~' O ~ c.~ o o ~ • a~ ~~Z ~ o ~ ~ ~~ ~ ~ - a fl. N p O ~ c C N ` 't ~ , QQO ~ ~ fl ~ - . 0 .~ N `~ ~' Z ~ ~ U 'D O ~ ~ ~ a~ a~ .L" ~ ~ r.- za,•- °' ~3 o ~ ~ ca ~ O "d O C > o \ L V (6 -~-~ O ~ ~ U ~ ~ ~ ~ ag c c ~ ~~ ,C to -~ a~ $ ~ ~~ ~ o ~. ~nri~'~ ~ ~ ~ >. U a~ ~ to ~' W ~ ~ ~ O ~ ~ o Q. ~ "-' 'Q~... ~•O ~ Z ~ ~~O+r O ~?Z ch ~ O Z a~ .~ ~ - a .c ~ ~ a? > L _ V O U ' ~ ?r ~ ~ p) p . U ~~Qy 3 v>>,00~ u o W U Q o Z a~ N w ~ ~ "~ g Z ~' ~ ~, c`al- ~ 3 O~ ~ > o N rn0~~ ~'~ ~ W ~c"-a O ~ ~ ~ ° ~ ~ n cc a,c a c~~ _ . N O O V O ~ ~ ~ y 'p ~ • ~ O'er .Q fC N t n C ,,, (6 ~- fl. (6 N L OQInZ ~ O+ ca a~ 0 a~ N L a~ U U ~_ ~ ~ IW- c Q IZ MANAGEMENT POSITION CLASSIFICATION STRUCTURE RANGE POSITION TITLES CLASS • M-L Liquor Store Manager Exempt M-1 City Clerk Exempt Facility/Program Manager Exempt Supervisor Exempt Health Administrator Exempt M-2 Assistant Utility Superintendent Exempt Chief Building Official Exempt Community Development Manager Exempt Information Technologies. Manager Exempt Transportation Engineer Exempt M-3 Asst. Fire Chief/Fire Marshal Exempt Assistant to the City Manager/H.R. Manager Exempt City Engineer Exempt Housing & Redevelopment Manager/ Exempt Assistant Community Development Director Operations Superintendent Exempt Utilities Superintendent Exempt • M-4 Deputy Public Safety Director Exempt Finance Manager Exempt Liquor Operations Director Exempt M-5 Department Director Exempt (Rev. 12-08) l c~CV RESOLUTION NO. • RESOLUTION ESTABLISHING 2009 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 10023 • 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 SECTION REQUIRING DESCRIPTION FEE (1) Heating and Ventilating Installer 400.07 1 Year $ ~ 80.00 (2) Sign Installer 416.01-416.13 1 Year $ 80.00 (3) Electrical Installer 400:03-400.09 State License Required (4) Plumber 400.03-400.09 State License Required (5) Well Driller 620 State License Required SECTION 3. PUBLIC WORKS FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Benches 805.01-805.27 First Year $ 80.00 Renewal $ 30.00 (2) Boulevard feature 81 1.07 a) Application to place a privately owned feature in $ 30.00 Permit the boulevard b) If applied for after installation of feature has begun $ 60.00 (3) Excavation in 800.01-800.15 a) For each transverse excavation and each 100 feet $ 125.00 Public Right of way or portion thereof longitudinal excavation and for 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 D-1 1, ~ ~~ • • SECTION 3. PUBLIC WORKS FEES (CONTINUED) TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (4) Forestry Permit 810 Applies only to trees on City property and public ROW $ 25.00 (5) Seasonal Load a) Per load $ 25.00 Limit Exemption b) If applied for after delivery $ 50.00 (b) Obstruction Permit 802.17 (a) Shorf term, temporary lane closure of less than four No fee 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/Collector/Distributor Day (per block or portion thereof) $ 30.00 Week (per block or portion thereof) $ 125.00 Local/Residential Day (per block or portion thereof) $ 15.00 Week (per block or portion thereof) $ 50.00 Parking lane/sidewalk Day (per block or portion thereof) $ 7.50 Week (per block or portion thereof) $ 31.25 If applied for after obstruction closure has begun (c) Short term, temporary lane closure of less than four No fee 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/Collector/Distributor $ 60.00 Day (per block or portion thereof) $ 250.00 Week (per block or portion thereof) local/Residential $ 30.00 Day (per block or portion thereof) $ 100.00 Week (per block or portion thereof) Parking lane/sidewalk $ 15.00 Day (per block or portion thereof) $ 62.50 Week (per block or portion thereof) (7) Noise Ordinance 930.35 (a) With conditions added as required $ 25.00 Exemption (b) If applied for after violation $ 50.00 (8) Certification 705.03-705.21 All delinquent accounts $ 50.00 Char e 9 NSF Check Char e $ 35.00 SECTION 4. FIRE SERVICES FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Fire Prevention 400.21-400.29 For initial fee required under code Per year $ 60.00 Code For each additional .fee required under code Per year $ 15.00 Penalty If not renewed within 2 months of notification $ 30.00 2 Da care/Adult Foster Care Facilit Ins ection $ 50.00 3 Reimbursement Fee for Fire/Rescue Unit Per Hour $ 250.00 (4) Sale of Consumer 1131 (a) License per location selling only Per Year $ 350.00 Fireworks consumer fireworks (b) License per location of each other retail Per Year $ 100.00 seller BOLD;represents added/amended fees D-2 I+r~~Z • • SECTION 5. AMUSEMENT AND RECREATION LICENSES AND PERMITS TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Arcade 1105 1 Year $ 433.00 (2) Amusement 1100.01 (a) Mechanical Amusement Device (Pinball) 1 Year $ 15.00 Device (b) Mechanical Music Box 1 Year $ 15.00 (c) Video Games 1 Year $ 15.00 (3) Lawful Gambling 1100.13 Bingo, Tipboard, Paddle Wheel, Raffle, Pull Tabs (a) Lawful Gambling Permit (those exempt from State Licensure) (State Statute 349.213) 1 Year $ 100.00 (b) Lawful Gambling Investigative Fee (State Statute 349.16) 1 Year $ 100.00 STATE LICENSE REQUIRED (4) Itinerant Place of 1100.05-1 100.1 1 1 day $ 232.00 Amusement (5) Public Dance 1110.03 For each day dances are held - $3 1 month $ 39.00 No fee for locations holding tavern licenses. (6) General 1100.03 (a) Billiard, Pool or Pigeonhole table (each) 1 Year $ 15.00 Amusement 1. Coin operated 1 Year $ 15.00 (b) Bowling Alley (per lane) 1 Year $ 39.00 (c) Circus 1 Year $ 187.00 (d) Dance Hall 1 Day $ 187.00 (e) Golf 1. Miniature 1 Year $ 44.00 2. Driving Tee 1 Year $ 44,00 (f) Mountback 1 Day $ 179.00 (g) Rides, mechanical/animal of any kind (ea) 1 Year $ 15.00 (h) Shows, any kind 1 Day $ 179.00 (i) Shuffleboard (each lane) 1 Year $ 16.00 (j) Other games 1 Day $ 15.00 (7) Musical Concert 1110.01 Per event $ 39.00 (8) Theatre Cinema 1120 1 Year $ 181.00 Plus a notice publication fee $ 6.50 (9) Roller Rink 1115 1 year or portion thereof $ 181.00 (10) Commercial Adult- 605 1 Year $ 2,162.00 Oriented Enterprises Investigation fee 1 Year $ 2,162.00 (11) Masseur/Masseuse 605 Certificate fee 1 Year $ 74.00 Investi ation fee 1 Year $ 181.00 (12) Public Baths 610 1 Year $ 2,503.00 Investi ation fee actual cost minimum $ 2,503.00 (13) Fortune Teller and 1 130.05-1 130.07 1 Day $ 145.00 related trade 1 Week $ 432.00 1 Month $ 863.00 1 Year $ 1,441.00 (14) Adult 1 196 Annual license 1 Year $ 2,161.00 Establishments Investi ation fee new license $ 2,161.00 BOLD represents added/amended fees D-3 l (-a,3 • i SECTION 6. ANIMAL LICENSES AND PERMITS TYPE OF PERMIT OR LICENSE SECTION REQUIRING "DESCRIPTION FEE (1) Animals 905.01-905.29 (a) Animals (Spayed or Neutered) with 1 Year $ 15.00 option to purchase amulti-year license (b) Animals (Not Spayed or Neutered 1 Year $ 20.00 (c) Duplicate Animal License $ 7.00 (d) Late Penalty $ 6.00 905.31-905.33 (e) Commercial Kennel 1 Year $ 217.00 (f) Residential Kennel 1 Year $ 164.00 (g) Veterinary $ 217.00 905.37-905.39 (h) Pigeons 1 Year $ 43.00 905.41 (i) Non-domestic Animals (Temporary Permit) $ 23.00 905.01-905.29 (j) Impounding (each animal) 1st time $ 63.00 2nd Time $ 125.00 3rd time (each impound after) $ 187.00 SECTION 7. VEHICLE AND TRANSPORTATION LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Aircraft 1340 1 Day $ 43.00 (2) Food Vehicle 615 (a) Bakery vehicle 1 Year $ 109.00 (b) Catering -for first food vehicle 1 Year $ 230.00 Second vehicle 1 Year $ 95.00 Each additional vehicle 1 Year $ 51.00 (c) Readily perishable (Same as (b) above) (3) Garbage and 601.01-601.33 Commercial and Residential Refuse Collection First vehicle 1 Year $ 216.00 Each additional vehicle 1 Year $ 46.00 (4) Motor Vehicle 1155 Per place of business 1 Year $ 324.00 Dealer Each additional place of business 1 Year $ 123.00 (5) Motor Bicycle 1 160 Per place of business 1 Year $ 187.00 Business Per place of business to sell, rent or least 1 Year $ 85.00 (b) Sound Truck 1 165 Per vehicle 1 Year $ 187.00 Per Vehicle 1 Day $ 28.00 (7) Taxicab 1 170 First vehicle or auto livery 1 Year $ 467.00 Each additional vehicle or auto livery operated at any time within license period 1 Year $ 58.00 (8) Taxicab Driver 1175 1 Year $ 44.00 (9) Rental or Utility 1185 Each place of business 1 Year $ 85.00 Trailers and Trucks BOLD represents added/amended fees D-4 ~~-~. • C. • SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS TYPE OF PERMIT SECTION DESCRIPTION PEE OR LICENSE REQUIRING (1) Firearms Dealer 920.01-920.05 1 Year $ 1,441.00 (2) Itinerant Food 615 Per $ 116.00 Establishment Event (3) Retail Candy Shop 615 First facility 1 Year $ 116.00 Each additional on same premises 1 Year $ 28.00 (4) Food Establishment 615 (a) Retail or Wholesale Food Sales (Grocery) 1 Year $ 305.00 (b) Restaurant (Prepackaged food only sold for consumption) 1 Year $ 305.00 (c) Restaurant (Prepared food sold for consumption) 1 Year $ 570.00 (d) Plan Review Fees: See fee schedule at end of Section 8 (e) Additional Food Facilities (Baked goods, meat, produce, microwave ovens) Each $ 39.00 (5) Vending Machine 615 (a) Food vending machine requiring coin or token (excepting those machines dispensing bottled or canned soft drinks) 1 Year $ 15.00 (b) Other food vending machines (excepting those dispensing bottled or canned soft drinks) 1 Year $ 15.00 (c) Ice vending machine 1 Year $ 15.00 (b) Automobile 1125 Per calendar year or fraction thereof $ 145.00 Washing Establishment (7) Scavenger 600.25 Each vehicle 1 Year $ 43.00 Permit fee for opening cesspool or dumping contents of each cesspool into City sewer $ 21.00 (8) Incinerator 600.01-600.23 1 Year $ 43.00 (9) Tobacco 1 146.01(MS Retail Sale and Distribution -License issued $ 361.00 461.12) on calendar year (cigarette vending machines prohibited) (Bill No. 1998-19) (10) Soft drink 1145.01 (a) Cans, bottles from shelf or cooler, $ 30.00 fountain service (b) Vending machine dispensing bottles or -0- cans (c) Other vending machines Per year or fraction thereof $ 30.00 Per each additional machine $ 30.00 11 Transient Merchant 1181.01-1181.09 1 Da $ 92.00 12 Wa on Peddler l 181 1 Year $ 217.00 (13) State hawker or 1181 6 month/per person covered $ 53.00 Peddler license BOLD represents added/amended fees D-5 c -a s • • SECTION 8 COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED) TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (14) Canvasser or 1181 6 month/per person covered $ 53.00 Solicitor (15) Christmas Tree Sale 1130.03 1 Year $ 117.00 (16) Motel 1 190 First Unit $ 202.00 Per year each additional unit $ 14.00 (17) Outdoor 1135 Permit $ 91.00 Merchandising (18) Storage Enclosure 1135 Per Enclosure $ 79.00 (19) Pawnbroker 1187 (a) Pawnbroker 1 Year $ 3,757.00 (b) Owner investigation fee (nonrefundable) 1 Year $ 2,160.00 (c) Manager investigation fee 1 Year $ 782.00 (nonrefundable) (d) Employee investigation fee 1 Year $ 76.00 (nonrefundable) (e) Transaction fee -per transaction $ 2.00 (20) Secondhand 1 186 - (a) Secondhand Goods Dealer 1 Year $ 412.00 Goods Dealer (b) Initial investigation fee (nonrefundable) actual costs in excess of above with total hot exceeding $ 1,728.00 Applicant shall deposit $1200.00 with Licensing Clerk along wit'n application. Amount in excess of actual application costs shall be refunded. (21) Auto Detailing 1195.01 1 Year $ 322.00 Establishment (22) Tattoo, Body 630 (a) Tattoo, body piercing, body painting or Piercing, Body body branding 1 Year $ 720.00 Painting or Body (b) Initial investigation fee (nonrefundable) 1 Year $ 2,160.00 Branding (23) Temporary Tattoo, 630 Per booth $ 43.00 Body Piercing, Body Branding and Body painting events (24) Massage Therapy 1 188 Annual license 1 Year $ 719.00 Enterprise License Investigation fee (new license) $ 719.00 (Business license) Massage Therapist Annual license 1 Year $ 74.00 License (Individual Investigation fee (new license) $ 74.00 license) Temporary Per temporary location $ 144.00 Massage Therapist License (25) Puk>lic Swimming 420.10 1st Pool $ 123.00 Pool License Each Additional $ 66.00 BOLD represents added/amended fees D-6 ~r a~ SECTION 8 COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED) PLAN REVIEW FEE FOR FOOD, THERAPEUTIC MASSAGE AND LODGING PERCENTAGE OF FACILITY INVOLVED WILL BE DETERMINED BY STAFF Definitions: Class A -Large restaurant or large grocery store that employs more than four people per shift, and/or has multiple supplemental licenses (i.e., bar, bakery, deli, meat department, etc.) Class A (Fast Food) -Counter service only andior drive through window and warehouses. Class B -Daycare, pet shops, retail candy, prepackaged food only. Class C Small grocery/restaurants with four or less employees per shift and health clubs. 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. • • New Construction. Extensive Minor Remodel Non-remodel and/or Major Remodel (25- (0-24% of facility) approval Remodel (over 50% 50% of facility) consultation of facility involved) ($5,000 or less in costs Class A (large $2,298 $1,197 $646 $110 restaurant or roce Class A (fast food and $1,583 $866 $480 $110 warehouses Class C (food facilities $866 $481 $287 $110 with 4 orless employees per shift and health clubs Class B (daycares, $425 $166 $82 No fee grocery, pet shops, retaii cand Class B (prepackaged New project or Minor remodel - food only) change of owner - permit but no $110 Ian check fee Thera eutic Massa a $110 $110 $110 $110 Lod in $1,914 $1,031 $537 $110 SECTION 9. LIQUOR AND RELATED LICENSE AND PERMIT FEES TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) 3.2 Malt Liquor 1202.05 (d) On-Sale 1 Year $ 794.00 (e) Tavern (dance) 1 Year $ 649.00 (f) Wholesale 1 Year $ 39.00 (g) Off-Sale 1 Year $ 230.00 (h) Club (Bottle Club) 1 Year $ 525.00 (i) Temporary per event $ 58.00 (2) Liquor 1202.05 (a) On-Sale 1 Year $13,097.00 (b) Sunday (Fee set by state law) 1 Year $ 200.00 (c) Wine 1 Year $ 1155.00 (d) Veterans' Organization (Ex Sunday) 1 Year $ 751.00 (e) Temporary per event $ 119.00 BOLD represents added/amended fees D-7 ~ t a~ • • SECTION 9 LIQUOR AND RELATED LICENSE AND PERMIT FEES (CONTINUED) TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (3) Employee License 1208.01 Effective 10/1 /95 all licenses issued shall be $ 32.00 On-Sale Liquor valid for a period of two years from the date Establishments of initial application (4) Investigation Fee 1202.01-1202.21 (a) On-Sale liquor including Veterans' $ 718.00 and Organization each person shown on application actual costs in excess of above Each additional investigation for each person not listed on original or renewal application $ 215.00 1202.11 (b) Wine - Original Application initial Fee $ 398.00 and actual costs in excess of above with total fee not to exceed $ 3,036.00 Renewal Application Initial Fee $ 89.00 and actual costs in excess of above with total cost not to exceed $ 3,036.00 1202.1 1 Additional Investigation under 1200.09 Subd. 3 $ 177.00 and not to exceed $ 3,036.00 Investigation of substitute manager $ 89.00 ;, SECTION 10. HOUSING INSPECTION AND RENTAL LICENSE FEES TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) License for 405 (a) Apartment House 1 Year $ 125.00 Apartment Houses Each unit $ 13.00 and Rental Homes (b) Rental Home -single family dwelling 1 Year $ 125.00 (c) Duplexes/double bungalows First unit 1 Year $ 125.00 Each additional rental unit 1 Year $ 75.00 (d) Late Fee 10% penalty for each month or portion thereof during which said fee remains unpaid. (e) License Transfer Fee $ 40.00 (f) Reinstatement of suspended license 50% of license fee (minimum $80) (g) Reinstatement of Revoked license 100% of license fee (h) Re-Inspection Fee 1. multi-family $ 80.00 ea. 2. single family & duplex $ 35.00 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 house 1 Year $ 190.00 Includes first unit Each additional unit $ 20.00 BOLD represents added/amended fees D-8 lc-ag :7 SECTION 10 HOUSING INSPECTION AND RENTAL LICENSE FEES (CONTINUED) TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (2) Certificate of 405.26 Single family home (includes one reinspection) $ 125.00 Housing 2-family home (includes one reinspection) $ 200.00 maintenance Compliance Reinspection Fee $ 35.00 Fee to rocess cash escrow a reement $ 50.00 (3) Permit Fee for 405.19 1 Year I $ 160.00 Rooming House SECTION 11. MISCELLANEOUS FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Permit to reside 1190 In motel for more than six months $ 17.00 I (2) Permit to Carry a Permit Issued By County ~ Gun ~ (3) False Alarms (a) in excess of 2 for calendar year '. $ 100.00 (billable) (b) in excess of 10 for calendar year I $ 200.00 (c) in excess of 20 for calendar year I $ 300.00 (4) Nuisance Conduct 925 Third call to a property for nuisance conduct $ 250.00 Fee within a 365-da eriod (5) Copying Services Flat rate (per page) $ .25 Provided Special rate (a) Black & White Photocopy rate ~ 8.5 x 1 l (per side) $ .25 8.5 x 14 (per side) I $ .25 MN Statute 13.03C 11 x 17 (each) I $ .50 24 x 36 (each) I $ 2.50 X-large I $ 2.50 Color Photocopy rate 8.5 x 11 (per side) ~ $ 1.00 8.5 x 14 (per side) $ 2.00 11 x 17 (each) I $ 4.00 24 x 36 (each) $ 18.00 X-large I $ 3.OOsq./ff. (b) Labor I hourly wage & 33% (c) Postage prevailing rate (d) Fax per page $ .50 (e) Audio tape of meeting (per tape) I $ 5.00 (f) Video tape of meeting (per tape) ~ $ 15.00 (g) Electronic copies (cd or disk) ~ $ 5.00 (h) As builts (per image) I $ .50 (6) Notary Fee Fee Set By State (7) Candidate Filing City Charter $ 25.00 Fee 4.04 I I (8) Photo Fee Includes 2 photos $ 15.00 including tax BOLD represents added/amended fees D-9 ll a • SECTION 11. MISCELLANEOUS FEES (CONTINUEDI TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (9) Special Assessments Assessment Search $15.00 per Property Identification Number (PID) Levied or Pending Special Assessment $30.00 for each report Report Plus $.05 for each PID Number Creation of New or Special $25.00 minimum fee. Report Fees to be based on time and materials to create report Listing Information Printout of PID Listing $3.00 per PID Number Review of Comparable Property Records Residential Field Card Report $ .25 per copy for up to five comparable properties Commercial/Industrial/Apartment Field Card Report $2.00 per copy Certified Card Report $3.00 Co of Certificate of Real Estate Value $ .25 SECTION 12. ROOM AND PARK SHELTER RENTAL FEES LOCATION DESCRIPTION CLASSIF CATION FEE Richfield City Hall Council Chambers Non-Profit Weekend: $ 70.00/Hr Weekday: $ 48.00/Hr Resident Weekend: $ 70.00/Hr Private Weekday: $ 60.00/Hr Non-Resident Weekend: $ 80.00/Hr Private Weekday: $ 70.00/Hr Richfield Community Center Augsburg Room Non-Profit Saturday: $ 52.00/Hr Weekday: $ 26.00/Hr Resident Saturday: $ 52.00/Hr Private Weekday: $ 31.00/Hr Non-Resident Saturday: $ 57.00/Hr Private Weekday: $ 36.00/Hr BOLD represents added/amended fees • D-10 . C~-3c~ C] • SECTION 12. ROOM AND PARK SHELTER RENTAL FEES (CONTINUED) LOCATION DESCRIPTION CLASSIFECATION FEE Richfield Community Center Nicollet Room Non-Profit Saturday: $ 52.00/Hr Weekday: $ 26.00/Hr Resident Saturday: $ 52.00/Hr Private Weekday: $ 31.00/Hr Non-Resident Saturday: $ 57.00/Hr Private Weekday: $ 36.00/Hr Richfield Community Center Combined Non-Profit Saturday: $ 93.00/Hr Nicollet/Augsburg Weekday: $ 48.00/Hr Resident Saturday: $ 93.00/Hr Private Weekday: $ 60.00/Hr Non-Resident Saturday: $103.00/Hr Private Weekday: $ 70.00/Hr Richfield Community Center Richfield Room Non-Profit Saturday: $ 70.00/Hr Weekday: $ 48.00/Hr Resident Saturday: $ 70.00/Hr Private Weekday: $ 60.00/Hr Non-Resident Saturday: $ 80.00/Hr Private Weekday: $ 70.00/Hr Richfield Community Center Ruth Johnson Room Non-Profit Saturday: $ 31.00/Hr Weekday: $ 26.00/Hr Resident $ 31.00/Hr Private Non-Resident $ 36.00/Hr Private Richfield Community Center Fireside Room Non-Profit $ 26.00/Hr Resident $ 31.00/Hr Private Non-Resident $ 36.00/Hr Private Wood Lake Nature Center Auditorium Non-Profit $ 30.00/Hr Resident $ 40.00/Hr Private Non-Resident $ 45.00/Hr Private BOLD represents added/amended fees D-11 t ~ -~31 • • SECTION 12 ROOM AND PARK SHELTER RENTAL FEES (CONTINUED) LOCATION DESCRIPTION CLASSIFECATION FEE Augsburg Park Park Buildings Resident $ 24.00/Hr Christian Park $ 20.00/Hr (3+ Hrs) Donaldson Park-East Jefferson Park Non-Resident $ 29.00/Hr Madison Park $ 25.00/Hr (3+ Hrs) Taff Park-North Washin ton Park Fairwood Park Open Picnic Shelters Resident $ 19.00/Hr Monroe Park $ 16.00/Hr (3+ Hrs) Augsburg Park Non-Resident $ 24.00/Hr $ 21.00/Hr 3+ Hrs Sheridan Park Open Picnic Shelter Resident $ 22.00/Hr $ 19.00/Hr (3+ Hrs) Non-Resident $ 26.00/Hr $ 23.00/Hr (3+ Hrs) Veterans Park Open Picnic Shelter Resident 1 Section: $ .88.00 Day: 4 Hour Block 2 Sections: $ 160.00 3 Sections: $ 225.00 Non-Resident 1 Section: $ 96.00 2 Sections: $ 173.00 3 Sections: $ 243.00 Veterans Park Open Picnic Shelter Resident 1 Section: $ 66.00 Evening: 3 Hour Block 2 Sections: $ 118.00 3 Sections: $ 166.00 Non-Resident 1 Section: $ 71.00 2 Sections: $ 129.00 3 Sections: $ 184.00 Athletic 'yields Baseball/Softball Fields Category A Renters Weekday: No fee Weekend: No Fee, only applicable staff costs Category B Renters Weekday: $ 32.50/Hr 1- 2 hours Weekend: $ 32.50/Hr + applicable staff costs Category B Renters 2 hours $ 32.50/Hr 4 hours $ 65.00/Hr 8 hours $ 80.00/Hr Add'I hours over 8 $ 32.50/Hr Tennis Courts Augsburg, Christian, Donaldson, Fairwood, $ 4.50/Hr Jefferson, Heredia, Madison, Nicollet, Roosevelt, and Washin ton Parks. Athletic Facility Light Use Softball Fields $ 20.00/Hr Baseball Fields $ 25.00/Hr Football/Soccer Field $ 25.00/Hr Tennis Courts $ 3.00/Hr BOLD rep"resents added/amended fees D-12 r [ ~3~ • • SECTION 13. FINE SCHEDULE FOR VIOLATIONS The following schedule of fines applies to offenses initiated by administrative citation. TYPE OF ORDINANCE DESCRIPTION FINE VIOLATION VIOLATED (1) ANIMALS 905.03 Failure to license animal $ 54.00 905.05 Failure to restrain dog $ 54.00 905.06 Failure to dispose of animal feces $ 54.00 930.15 Animal annoyance by reason of noise $ 54.00 905.17 Failure to quarantine animal $ 108.00 .905.19 Failure to comply with potentially or dangerous $ 270.00 dog requirements 905.31 Failure to obtain commercial kennel license, multi- $ 54.00 animal residential license or veterinary kennel license 905.29 Abandonment of an animal $ 108.00 Failure to provide shelter,. food or water fora $ 270.00 domestic animal 2005.03 Cruelty to animals and birds $ 270.00 (2) BUILDING 400.19 Failure to number houses and buildings $ 54.00 ~'~ CODE `~ 405.09 Failure to provide minimum standards for basic $ 108.00 equipment and facilities 405.11 Failure to provide minimum standards for light, $ 108.00 ventilation and heating 405.13 Failure to provide minimum standards for safe and $ 108.00 sanitary maintenance of dwellings/ dwelling units 405.15 Failure to provide minimum space $ 108.00 406.01 Failure to license rooming house $ 108.00 407.00 Failure to license apartment houses and rental $ 108.00 homes 407:09 Failure to display license or provide tenant register $ 108.00 408.01 Failure to obtain certificate of housing $ 108.00 maintenance compliance (POS) 420 Failure to comply with swimming pool ordinance $ 108.00 (3) BUSINESS 1 100.01 Failure to obtain amusement devices license $ 54.00 LICENSES 1340.01 Failure to obtain aircraft license $ 54.00 1105.01 Failure to obtain arcade license $ 54.00 1 125.01 Failure to obtain car washing license $ 54.00 D-13 l (-33 • • • SECTION 13. FINE SCHEDULE FOR VIOLATIONS (CONTINUED) TYPE OF VIOLATION ORDINANCE VIOLATED DESCRIPTION FINE BUSINESS LICENSES 1 130.03 Failure to obtain Christmas tree license $ 54.00 (CONT.) 605.05 Failure to obtain commercial adult-oriented $ 54.00 services license 1 196.1 1 Failure to obtain an adult establishment license $ 54.00 11.88.05 Failure to obtain a therapeutic massage license $ 54.00 1 195.03 Failure to obtain an auto detailing establishment $ 54.00 license 1200.03 Failure to obtain intoxicating liquor license $ 54.00 850.09 Failure to obtain community celebration license $ 54.00 1110.01 Failure to obtain concerts or dance license $ 54.00 615.05 Failure to obtain food establishment license $ 54.00 920.03 Failure to obtain firearms license $ 54.00 1130.05 Failure to obtain fortune teller license $ 54.00 601.15 Failure to obtain garbage and refuse collection $ 54.00 license 1100.13 Failure to obtain lawful gambling license $ 54.00 1.100.03 Failure to obtain general amusement license $ 54.00 1200.33 Failure to obtain a liquor employee license $ 54.00 1190.05 Failure to obtain motel license $ 54.00 1160.03 Failure to obtain motor bicycle license $ 54.00 1155.05 Failure to obtain a State motor vehicle dealers $ 54.00 license 1155.07 Failure to obtain a City motor vehicle dealers $ 54.00 license 1120.03 Failure to obtain movie theatre license $ 54.00 1210.05 Failure to obtain 3.2 intoxicating malt liquor license $ 54.00 1 181.03 Failure to obtain transient merchant, peddlers, $ 54.00 wagon peddlers and solicitors license $ 54.00 905.39 Failure to obtain pigeon license 1186.05 Failure to obtain a pawnbroker license $ -54.00 1 187.05 Failure to obtain a secondhand goods dealer $ 54.00 license 1215.03 Failure to obtain a license for Sunday alcohol sales $ 54.00 610.03 Failure to obtain public bath license $ 54.00 D-14 -3 • • • SECTION 13. FINE SCHEDULE FOR VIOLATIONS (CONTINUED) TYPE OF ORDINANCE DESCRIPTION FINE VIOLATION VIOLATED BUSINESS LICENSES 11 15.03 Failure to obtain roller rink license $ 54.00 (CONT.) .601.33 Failure to obtain scavenger license $ 54.00 1145.01 Failure to obtain soft drink license $ 54.00 1165.03 Failure to obtain sound truck license $ 54.00 1175.03 Failure to obtain taxi driver license $ 54.00 $ 54.00 1170.03 Failure to obtain taxi license 1146.05 Failure to obtain tobacco license $ 54.00 1185.01 Failure to obtain rental trailer and truck license $ 54.00 1100.15 Failure to obtain video game license $ 54.00 1225.03 Failure to obtain wine license $ 54.00 (4) FENCES/WALLS/ 511.23 Failure to maintain fences/walls/ hedges $ 108.00 HEDGES (5) FOOD 615 Violations of food establishment ordinance $ 108.00 ESTABLISHMENTS (6) GARBAGE 601.03 Failure to dispose of garbage/ refuse $ 54.00 $ 54.00 601.09 Improper storage and maintenance of garbage containers 601.35 Failure to comply with composting ordinance $ 54.00 (7) LITTERING 830.03 Littering $ 54.00 830.07 Placing litter into gutters $ 54.00 830.31 Improper posting of notices $ 54.00 830.41 Improper placement of snow/ice $ 54.00 1135 Improper outdoor merchandising and storage $ 54.00 (8) NOISE 930 Violations of the noise ordinance $ 54.00 (9) PARKING ~ 1305.19 Failure to comply with the "Vehicles for Sale" $ 54.00 ordinance 1305.27 Failure to comply with parking ordinance for certain vehicles/trailers $ 54.00 1327.05 Failure to comply with parking of truck-tractors, semi- trailers, truck-tractor and semi-trailer combinations or $ 54.00 trucks ordinance D-15 SECTION 13. FINE SCHEDULE FOR VIOLATIONS (CONTINUED) • • C7 TYPE OF ORDINANCE DESCRIPTION FINE VIOLATION VIOLATED (1 O) PARKING/OUTSIDE 1320 Improper parking or storage $ 108.00 STORAGE 925 Maintaining a public nuisance $ 54.00 (1 1) RECREATIONAL 1325 Improper parking or storage of recreational $ 54.00 VEHICLES vehicles (12) SIGNS 416 Sign regulations $ 108.00 (13) TRANSIENT 1 181 Violation of transient merchant, peddler, wagon $ 54.00 MERCHANTS, peddler and solicitor license PEDDLERS, WAGON PEDDLERS AND SOLICITORS (14) ZONING 511 General Zoning Provisions, including $ 108.00 encroachments; non-conforming uses and structures; traffic visibility triangles; central air conditioner units; home occupations; and fences, walls, and hedges. 521 Rules for the R, R-l , MR-l , MR-2, and MR-3 $ 108.00 residential zoning districts, including permitted, accessory, and conditional uses; lot area, width, depth, and coverage requirements; set-back and height requirements; accessory building and use regulations, outdoor open space; parking requirements; performance standards; conditional activity permits; and non-conforming use permits. 524 Rules for the SO-1 Service-Office zoning district, $ 108.00 including permitted, accessory and conditional uses; lot area, width, depth, and coverage requirements; set-back and height requirements; accessory building and use regulations; and rules for conduct of business operations. 526 Rules for the C-1, C-2, and C-3 commercial zoning $ 108.00 districts, including permitted, accessory, conditional and prohibited uses; lot area, width, depth, and coverage requirements; set-back an<i height requirements; accessory building and use regulations; rules for conduct of business operations. Also C-3 specific rules including transitional activity permits; non-conforming uses and structures; site plan approval; landscaping values; minimum floor-area ratios; solar access requirements; and maintenance of landscaping. D-16 r1 ~ • • SECTION 13. FINE SCHEDULE FOR VIOLATIONS (CONTINUED) TYPE OF VIOLATION ORDINANCE VIOLATED DESCRIPTION FINE ZONING (CONT.) 531 Rules for the I industrial zoning district, including $ 108.00 permitted, accessory and conditional uses; lot area, width, depth and coverage requirements; set-back and height requirements; accessory building and use regulations; and rules for the conduct of business operations. 536 Rules for PUD planned unit development zoning $ 108.00 districts including requirements for unified control; integrated design; coordination with subdivision regulations; lot area; allowable uses; proposal review and application; final development plans and conditional use permits;. amendments; and fees. 0 538 Floodplain Management Regulations including $ 108.00 permitted uses in floodplain overlay districts; floodplain use permits; and construction standards near or in floodplain overlay districts. 541 Performance standards for all new developments $ 108.00 except single family, two family, and cluster home developments, including exterior lighting; traffic/parking studies; off-street parking and loading; landscaping and screening; underground utilities; exterior treatment of buildings; screening mechanical equipment; dumpster enclosures; and stormwater management. 546 Administration for the Board of Adjustments and $ 108.00 Appeals; Conditional Use Permits; Zoning Amendments; Variances; Passed by the City Council of the. City of Richfield this 9th day of December, 2008. Debbie Goettel Mayor • ATTEST: Nancy Gibbs City Cler;c D-17 • STAFF REPORT OTHER BIISINESS 12 318 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING DECEMBER 9, 2008 • • REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of approving submission of two proposals for federal funds under the Non- Motorized. Transportation Pilot Program. I. RECOMMENDED ACTION: By Motion: Approve submission of two proposals for Non-Motorized Transportation Pilot Program Grants • Letter of Support for Cedar Avenue Ped/Bike Trail in Minneapolis and Richfield • Letter of Intent to add a ped/bike path on the Penn Avenue Bridae over Hiahwav 62. II. BACKGROUND Congressman Jim Oberstar sponsored a demonstration grant program to .encourage cities to promote biking, walking and transit. City staff is asking Council to approve submission of: • Letter of support for a joint proposal between Minneapolis and Richfield for a pedestrian/bike trail connecting both cities via the Bloomington Avenue Bridge over Highway 62, and • A proposal to attach apedestrian/bikeway path to the outside of the Penn Avenue Bridge over Highway 62. City staff has discussed a joint proposal with Minneapolis to create a Cedar Avenue Corridor Trail including the Richfield Parkway for the past six months. This 1209 Non-Motorized Transp Grants improvement has the potential to stimulate additional redevelopment along Richfield Parkway on the east side of Richfield. This is the final funding cycle for this Federal demonstration program. The application process is .less formal than in the past. Transit For Livable Communities, the grant funding agency, wants a simple letter of intent to be submitted. Proposals will then be negotiated so that Transit For Livable Communities can have greater influence on the proposal before it is approved for funding. The next step: the two proposals are only conceptual at this time. If funded, the route and design of both projects will be established after the Transportation Commission leads a public involvement process to obtain community input. The federal grant would pay 100% of the project costs. Actual dollar amounts will depend on the scope of the projects negotiated with the funding agency. The Transportation Commission discussed the two proposals at their December 3, 2008 regularmeeting. III. BASIS OF RECOMMENDATION A. POLICY • Both proposals are consistent with the City's draft Comprehensive Plan. • B. CRITICAL ISSUES • .Both proposals will require coordination with the City of Minneapolis. C. FINANCIAL • If approved, the projects will receive 100 percent federal funds. D. LEGAL • The City Attorney will be available to answer any questions. E. ENVIRONMENTAL CONSIDERATIONS • If approved for funding, both projects will be required to undergo an environmental review process. ALTERNATIVE KECOMMENDATION(S) ~ • Council may choose to approve only one of the two proposals for funding. • Council may choose to refuse to support any proposal for funding. ATTACHMENTS ~ • Maps showing the location of both pedestrian/bike paths. • Letter of Support for Cedar Avenue Ped/Bike Trail ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None • • • • Concept i a-~ Plan .for MPLS-Richfield-Bloomington Pedestrian-Bicycle Path CONCEPT ONLY Route to be established after public involvement process is complete 1 ~-~ ct J v c Y Y '. 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'S ~ ~ 3rd CLINTON sza -- _.---..---.--.--_J ~- ~ ~ ~ CLINTON ~,,: 4th 400 5th soo Q~ t ~F~~~`4,M, j 4th 5th ~ ®~ j PORTLAND ~~ S i ... _- "..."_~__T_.._ ? ~ 1 -TpR'I'LAND OAKLAND 0 PARK y ~ 1 1~ ^~~ OAKLAND O 700 COI,11biDUS 720 y J ~ ~~ ~ jJ yy ~ ~ PARK COLUMBUS ~ , ~` CHICAGO eoo ~ ~ LLGiii ^ ~ CHICAGO : ELLIOT tto0 ~`"'' ~ ~ ~ ! ~ ~ ELLIUT - .~~ ~ ~, L ^ J ~ IOLh tooo 1 ~ ®~ -~"~~~~ i r IOt.h - 11th „oo _ ~~ 1 ~ 1 f ~ ~ 11th 12th 1200 _ - 14 ~ ~ ~ ~ 12th 13th ,aoo I ~~ . Y 111 i- ; ~ 13th t t-Ith ,4ao ref"" ~ ; L_11_ ; ~ ~ } 15th 1500 ~ . r i ~'I ~L ,1~ ` LOO GTON " ~ BLOOMINGTON ,524 16th t800 1 ~ 1 ~ ~ I - ~ t L6th 17th noo r O~ " ~ 17th it3th taoo IBth ~ CEDAR n ^l .t Ca Ut A W iV ~ O M W ~.! J~ ~P W 'Y s ~ ~ S ~ a r 5 ~ ~ ~ ~~ ~ a Q ~a3 December 9, 2008 Ms. Joan Pasiuk MAYOR DEBBIE GOETTEL Program Director Transit for Livable Communities arv couNCi~ 626 Selby Avenue BALL K~L~AN MN 55104 -Saint Paul SUSAN ROSENBERG~ , SUZANNE M.SANDAHL. FRED L. WROGE, JR: .Dear Ms. Pasiuk: SCEVEMLA. DEVCH The City of Richfield's City Council is in support of a joint proposal with the City of Minneapolis to request Non-Motorized Transportation Pilot Program funds to build a pedestrian/bikeway trail north and south along the east side of Richfield that connects to Minneapolis at the Bloomington Avenue Bridge over Highway 62. The portion of the trail in Richfield will follow the Richfield Parkway as it is developed • ~ over time. In the interim the trail will follow Cedar Avenue south of 68t" Street. Eventually, it is our intention to have the trail connect to the City of Bloomington by crossing the 12t" Avenue Bridge over I-494. There has been considerable interest on the part of all three cities, Hennepin County. and the Three Rivers Park District to create a regional trail that connects Minneapolis, Richfield, Bloomington and a crossing of the Minnesota River to Eagan and Dakota County. z Your funding of this exciting proposal would be greatly appreciated. Sincerely, Debbie Goettel Mayor DG:cak The Urban Hometown 6 7 0 0 PORTLAND A V E N U~ cftyof~chfleld o s L DAN ~c u~ QPPOR7UNITY enA~ ~1`~t~t3 6 1 2.8 61 .9 7 0 0 FAX : 61 2.8 61 .9 7 4 9 C AGENDA SECTION:. OTHER BIISINESS AGENDA ITEM # 13 REPORT # 319 ~~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2008 • REPORT PREPARED BY: DERICK ANDERSON, CIVIL ENGINEER NAME, TITLE DEPARTMENT DIRECTOR / REVIEW: ~ `..1 SI NA RE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a proposal for additional work by WSB & Associates for the construction inspection of the 66th Street and Portland Avenue Intersection Project. I. RECOMMENDED ACTION: By Motion: Approve an additional $100,000 for additional work by WSB & Associates to continue construction inspection services for the 66th Street and Portland Avenue Project. II. BACKGROUND On January 22, 2008, the Council awarded the contract for the reconstruction of the intersection at 66th Street and Portland Avenue. On April 8, 2008, the Council approved hiring WSB & Associates to provide construction inspection services in the amount of $232,136. Since then, the Council approved an additional $75,000 of additional work needed to keep WSB staff on-site and working due to utility delays at the beginning of the project. At that time the estimated completion date. of the work was early November. Due to the contractor's failure to perform on the job, the concrete work, lighting, signing, and landscaping work was not completed by mid-November and construction completion is now anticipated in the spring of 2009. The additional time is outside-the original scope of the agreement for WSB's construction inspection services. 1209WSB_66&Portland City staff believes the WSB proposal is reasonable and necessary to successfully complete the construction project. City staff will consult with the City Attorney regarding potential recovery of the additional construction observation fees from both Shafer Contracting and the private utility companies. III. BASIS OF RECOMMENDATION A. POLICY • The reconstruction of 66th Street and Portland Avenue has been identified as a priority in the City's Comprehensive Plan. • Council approval is required for expenditures over $25,000. B. CRITICAL ISSITES • The additional construction inspection services are necessary to ensure that the construction project is completed according to plan and in a timely manner. C. FINANCIAL • The estimated additional cost for construction inspection services is $100,000 to be paid for using Municipal State Aid Funds (Gas Tax). • D. LEGAL • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • The proposal is for additional professional services that will not produce any environmental impacts. IV. ALTERNATIVE RECOMMENDATION(S) • The Council may choose not to approve the additional scope. V. ATTACHMENTS • WSB letter dated November 26, 2008 -requesting approval for the additional fees. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. • ~ j~ _~ WSB ~& Assoc- Infrastructure ^ Engineering ^ Planning ^ Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 November 26, 2008 Kristin Asher, PE City of Richfield Public Works 6700 Portland Avenue S. Richfield, MN 55423 Re: Additional Fees 66~' Street & Portland Avenue S.P. 157-020-19 City of Richfield, MN WSB Project No. 1301-27 Dear Ms. Asher: We hereby request a change order for additional fees related to the construction of the roundabout -for the City. These additional fees are a result of the extension of the construction activities beyond October 31, 2008. On average, we spend approximately $40,000 per month on the project, which includes observation, staking, and contract administration, as well as resolution ofconstruction-related issues, • including utility coordination, adherence to agreements with local property owners, and agency-directed changes to previously approved plans. In November and parts of December, we will deal with changes to construction due to colder weather. At the time of the last change order request, we anticipated substantial completion by the end of October. As of today, we anticipate all of November, part of December, and one month in the spring (May/June) to complete the work. At $40,000 per month, this would equate to an additional $100,000 in fees. As always, we only bill for hours spent on the project, so if the work I am anticipating is not necessary, the City will not be billed. Should you have any further questions regarding this request, please do not hesitate to contact me. Sincerely, WSB & Associates, Inc. ~~J~^ J pe Hale, PE Associate/Senior Project Manager ~.:: ACEC 2008 Firm of the Year Minneapolis ^ St. Cloud Equal Opportunity Employer C:\DO(:nm®ts and Settings\KAshei\LOCal Settings\T®porary In[anet Files\OLK42\Addilional Fees.doc