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04-13-2004 AgendaCITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 13, 2004 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:00 P.M. Call to order Roll call 1. Discussion of garbage hauling with single sort recycling 2. Discussion regarding multiple pet licenses 3. Discussion of issuing snowbird citations 4. Discussion regarding revised liquor ordinance 5. Update on Council Goal No. 6 regarding billboard advertising of Richfield community Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call 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 fhe 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 Concurrent City Council and HRA Worksession of March 15, 2004;. (2) Special City Council Worksession of March 15, 2004; and (3) Regular City Council Meeting of March 23, 2004 PRESENTATION 1. Annual meeting with Civil Service Commission Notes: COUNCIL DISCUSSION 2. Council discussion • Hats Off To Hometown Hits Richfield Parks Spring Clean-Up Day; April 24 Notes: CITY MANAGER'S REPORT 3. City Manager's report 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 first reading of ordinance amendment relating to City Council salaries and schedule second reading for May 11, 2004 S.R. No. 59 B. Consideration of approval of resolution confirming City Manager's appointment of Larry Emond and Glenn Erickson as resident members of 2004 Local Board of Equalization S.R. No. 60 C. Consideration of approval of resolution providing 24-hour parking restrictions on east side of Nicollet Avenue from Sovereign Grace Fellowship Church's south driveway north to 71st Street S.R. No. 61 D. Consideration of approval of renewal of lawful gambling license for Fred Babcock VFW Post-#5555, 6715 Lakeshore Drive, and resolution granting gambling activity S.R. No. 62 E. Consideration of approval of renewal of lawful gambling license for Minneapolis- Richfield American Legion Post #435, 6501 Portland Avenue, and resolution granting gambling activity S.R. No. 63 F. Consideration of approval of denial of new taxi license for Country Taxi and Limo, 1401 155th Street West, Burnsville S.R. No. 64 Notes: 6. Consideration of item(s), if any, removed from Consent Calendar Notes: RESOLUTION 7. Consideration of resolution approving 2004-2005 labor agreement between City of Richfield and 911 Dispatcher Local 225 bargaining unit Staff Report No. 65 Notes: OTHER BUSINESS 8. Consideration of new on-sale wine and 3.2 percent malt liquor licenses for Pu'hket Thai Restaurant, 6345 Penn Avenue (deferred from March 23, 2004) Staff Report No. 66 Notes: 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: 9. Adjourn to Special City Council Closed Executive Session in Executive Conference Room for purpose of conducting City Manager's annual performance evaluation 10. Reconvene Regular City Council meeting 11. Report regarding City Manager's annual performance evaluation Notes: 12.Adjournment of Regular City Council meeting Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. AGENDA. SECTION: OTHER BIISINESS AGENDA ITEM # $ REPORT # 66 STAFF REPORT CITY COUNCIL MEETING APRIL 13, 2004 RELATED TO: RICHFIELD 2020 GOAL(S) NO. 30, 31 AND/oR COUNCIL GOAL(S) No. N/A REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ..~¢- t ~` SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the request for new on-sale wine and 3.2 percent malt liquor licenses for Pu'hket Thai Restaurant, 6345 Penn Avenue South. Item deferred from March 23, 2004 meetin . RECOMMENDED ACTION: By motion: Approve or deny the issuance of new on-sale wine and 3.2 percent malt liquor licenses for Pu'hket Thai Restaurant, 6345 Penn Avenue South. Action deferred from March 23, 2004 public hearing. II. BACKGROUND On January 23, 2004, the City received the new application and other required documents for new on-sale wine and 3.2 percent malt liquor license for Pu'hket Thai Restaurant. The Public Safety staff has reviewed the application for compliance with all applicable state and local requirements. 0323 Puhket New Liquor Licenses 1. The applicant has paid the required licensing fees. 2. The required proof of liquor liability insurance coverage has been received showing United States Liability Insurance Company affording the coverage. 3. Proof of Workers' Compensation insurance has also been supplied. 4. All general real estate taxes, state sales and withholding taxes have been paid and are current. The applicant has satisfied all objective criteria for eligibility under state law or local ordinances. In the case of a corporate applicant, the City ordinance requires that both the owners of the corporation and the manager satisfy the eligibility criteria in order for the corporation to be eligible. KhamKoun Chanthalakeo and his son, Varouna Chanthalakeo, are the owners of the establishment. The on-premises Assistant Manager is Sisaketh Chanthalakeo. The Public Safety background investigation on KhamKoun and Varouna Chanthalakeo did not reveal any prior convictions for either of these individuals. The background investigation of Sisaketh Chanthalakeo revealed that he was arrested and convicted on two different occasions for fourth degree driving while impaired, in 1997 and 2002. Credit history was also conducted on all three men and all three have an exemplary credit history. There appear to be no items of concern regarding any of the individuals' credit history. The Environmental Health staff had one contact with this address in the past year regarding long grass that was unfounded. There were two police contacts with Pu'hket Thai restaurant since it opened. The first contact was on May 23, 2002 when three juvenile males walked out without paying for their meal. The second contact was on January 10, 2003, on a burglary alarm call where forced entry had been made and stereo equipment was taken. The owner of the property is Steve Ngo, 3255 South 376th Place in Auburn, WA 98001. The lease between the applicant and the landlord are in effect with all payments current. The notice of the public hearing was published in the Richfield Sun Current on March 17, 2004. At their March 23, 2004 City Council meeting, the City Council decided to table the request to approve the license for on-sale wine and 3.2 percent malt liquor for Pu'hket Thai Restaurant. This decision was based on the background check done on the manager/co-owner Sisaketh Chanthalakeo, which showed he has been convicted on two different occasions for fourth degree DWI in 1997 and 2002. Even though the applicant has two past DUI convictions, the City Attorney has advised the City Council that on other previous occasions Council has approved a similar request from a licensee with a nearly identical situation. The public hearing was opened and closed on March 23, 2004, but action on the request was deferred to April 13 for further review by the City Attorney. Since the March 23, 2004 City Council meeting, while talking to one of the owners of Pu'hket's, staff became aware that there are six additional owners of the corporation. These six additional owners are in addition to the three already previously mentioned. Background investigations have been done on all of these individuals and no prior convictions were found. 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. B. CRITICAL ISSUES • That the requirements in Resolution 9204 are met. A copy of this resolution has been given to the owner of the establishment. C. FINANCIAL N/A D. LEGAL The City Council has broad discretion to determine whether or not to issue or renew a liquor license, but the Council may not act arbitrarily or unreasonably. • The applicant must be provided an opportunity to address the Council regarding the license and to respond to any concerns that the Council may have. The City Council must treat license applicants equally and may not deny the license if it has approved a license for a different applicant under substantially similar circumstances. IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTACHMENTS List of nine part owners of Pu'hket and their percentage share. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Varouna Chanthalakeo Pu'hket Restaurant Listed below is everyone that has part ownership and their share in the Pu'hket Restaurant. KhamKoun Chanthalakeo, DOB 5/6/36, 6101 11th Ave. So., Mpls, MN 55417, phone number 612-861-5447 - 25%. Sounthara Chanthalakeo, DOB 01/24/67, 6101 11th Ave. So., Mpls, MN 55417, phone number 612-861-5447 - 9%. Sisketh Chanthalakeo, DOB 05/04/72, 6101 11th Ave. So., Mpls, MN 55417, phone number 612-861-5447 - 9%. Ketsany Chanthalakeo, DOB 04/09/74, 6101 11th Ave. So., Mpls, MN 55417, phone number 612-861-5447 - 9%. Ketsalinh Chanthalakeo, DOB 01/12/77, 6101 11th Ave. So., Mpls, MN 55417, phone number 612-861-5447, - 9% Varouna Chanthalakeo, DOB 12/06/68, 876 Sudberry Lane, Eagan, MN 55123, phone number 651-994-1619 - 12% Vannary Wathanaphone, DOB 08/29/63, 1922 Cardinal Dr., Shakopee, MN 55379, phone number 952-233-4148 - 9%. Soutsada Chanthalakeo, DOB 10/10/63, 2022 William Street, Shakopee, MN 55379, phone number 952-233-1694 - 9%. Darouny Phrasivilay, DOB 05/08/70, 7663 Primrose Place, Chanhassen, MN 55317, phone number 952-380-1509 - 9%. AGENDA SECTION: gp;_ pT.IITTON AGENDA ITEM # 7 REPORT # 65 ~-' STAFF REPORT ...~ ~, CITY COUNCIL MEETING ~~~- APRIL 13, 2004 W Related to: CITY COUNCIL GOAL(S~ NO. N/A REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER AND/OR RICHFIELD 2020 GOAL(S~ NO N/A PAM DMYTRENKO ASSISTANT TO THE CITY MANAGER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the contract with the 911 Dispatchers Local 225 for the contract period January 1, 2004 through December 31, 2005. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2004-2005 labor agreement with the 911 Dispatchers Local 225 bargaining unit and authorize the City Manager to execute the aareement. III. BACKGROUND ~ City staff has completed -labor negotiations with the 911 Dispatchers Local 225 (Union). The provisions of the two year contract agreement for 2004-2005 cover all employees in this Union. There are nine employees represented in this unit. 0413 911dispatch contract ~ u~ The tentatively approved settlement includes the following changes: 1. Wages A 3% across-the-board wage increase, effective January 1, 2004, for contract year 2004, and a re-opener of this provision for contract year 2005. 2. Health Insurance A $50 increase to the monthly Employer health insurance contribution for contract year 2004 which provides full coverage to single Employee, $565 per month for Employee plus spouse or Employee plus child(ren) coverage, and $580 per month for Employee plus family. The Employer health insurance contribution may be reopened for contract year 2005. 3. Training Pay Rate An increase of .25 per hour to the training pay rate establishing the training rate pay at $1.25/hour. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. • The 2004-2005 proposed settlement is identical in wages and health insurance provisions to non-union City employees. It is also identical in wages and health insurance provisions to the recently ratified Local 49 contract. The contract provisions are also well within the range for other 911 Dispatchers bargaining groups in similar metro cities. B. CRITICAL ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2004 wages and benefits, it is recommended that the City Council act on April 13, 2004 to adopt the attached resolution providing for contract changes, effective January 1, 2004. C. FINANCIAL • 3% wage increase • $50 increase in monthly Employer contribution towards health insurance coverage for 2004. • .25/hour increase in training pay rate. D. LEGAL • If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND 911 DISPATCHERS, LOCAL 225 BARGAINING UNIT FOR THE YEARS 2004-2005 WHEREAS, the City Manager and the 911 Dispatchers Local 225 (Local 225) have reached an understanding concerning conditions of employment for the years 2004 and 2005; and WHEREAS, it would be inappropriate to penalize Local 225 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and Local 225 Bargaining Unit for the years 2004-2005, under the provisions of the Labor Agreement to be implemented, effective January 1, 2004 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of April, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING APRIL 13, 2004 CONSENT 5F Related to: CITY COUNCIL GOAL(S~ NO. REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: N/A AND/OR RICHFIELD 2020 GOAL(S~ NO 31 BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Review and deny the request for a new taxi license for Country Taxi and Limo, 1401 155th St. West, Burnsville. I. RECOMMENDED ACTION: By Motion: Deny the request for a new taxi license for Country Taxi and Limo, 1401 155th Street West, Burnsville. II. BACKGROUND On March 9, 2004, the City received an application for a new taxi license for Country Taxi and Limo. The applicant has paid the required fees. The applicant is the sole owner and operator of the business. At the present time, only one vehicle will be licensed. 0413 New Taxi License Country Taxi and Limo The Public Safety background investigation has been completed and reveals the following: Bekama Guta Mohamed is the owner. of the business. He has no known criminal record, however, has an extensive history of fifteen driving related convictions dating back from 1995 to 2002. On two occasions during this time period, his license was suspended for having multiple violations within a 24-month period of time. The offenses are as follows: 2-16-95 Illegal change of course 11-5-95 Speed 5-3-96 Speed 7-5-96 Leaving scene of an accident 7-11-96 Failure to obey sign 9-11-96 Speed 12-20-96 License suspended for 5 violations within a 24 month period of time 1-17-97 Driving privileges reinstated 1-21-97 Failure to obey semaphore 6-6-97 License suspended for 6 violations with a 24 month period of time 9-4-97 Driving privileges reinstated 3-1-99 Failure to yield to a motor vehicle 5-30-99 Speed 5-18-00 Speed 4-18-02 Speed 7-11-02 Pass. on shoulder Mr. Mohamed also checked on his application that his driver's license has never been suspended or revoked. Based on his driving record, from the State of Minnesota, that would appear not to be accurate. The ordinance that relates to taxi drivers also states that any fraud, deception or misrepresentation in connection with the securing of a taxi cab driver's license will be a basis for denial or revocation of the license. For these reasons, staff is recommending denial. In checking with the City Attorney, the City does have the authority to deny a request for a license as long as the license being applied for is directly related to the offense. The certificate of liability insurance has been submitted showing Transportation Insurance Company affording the coverage. At the present time, the number of vehicles the applicant is proposing to be operating in Richfield would not exceed one; however, there is a possibility new vehicles could be added. Staff has also received the taxi driver application along with the required fee. The applicant has supplied the information regarding the make, body style and year of the vehicle to be operated by the applicant and agrees to supply this information for any added vehicles in the future, as well as pay fees for additional operation vehicles making pick-ups within the City of Richfield. III. BASIS OF RECOMMENDATION A. POLICY • It appears that the applicant does not meet the standards that are contained in the City's ordinance. • Based upon the inaccurate information supplied by the applicant regarding the suspension or revocation of his driver's license, there appears to be a valid reason for denying the license request. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A I~. LE(yAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Approve the request for a new taxi license for Country Taxi and Limo. This would mean that the applicant could pick up fares within Richfield despite his extensive driving record and inaccurate response to questions on his application. V. ATTACHMENTS • Taxi driver application VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Bekama Guta Mohamed TAXI DRIVER FEE: $36.Q0 C g_tC !J F I E,l,~ll P U B L I C S A F E T Y APPLICAIT: (PRI;JT LAST; FIRST AND FJLL MIDDLE ~JAME) FILE NUMBER TAXI DRIVEP. LICENSE APPLICATION DATE RECEIVED ~-`"r --©~ ~ ESS: STREET, APT~'p CITY, STATE, ZIP CODE) Taxi .Cab Employer Suburban . (kriowJa aS Greeri~Whlte :MINNESOTA DRIVER S LICEIJSE NUMBER HDME PHONE Airport '7.iaxi Yellow (known-..a r a ~ ----- _ _ .~,:.. UA'I'B i)F BIR'1'll `PLACE OF BIRTH CITY,STATE ~~old Sg~~ .Ttzxi G~uuv-,Q. -.).-~ ~ ' ._._Gac1a TaXi ~ MUN'i'li llAY~ YY:AI PRIVACY ACT STATEMENT: THE DATA YOU SUPPLY OFI ^HEI(,TiTS~ WElgl{T EYE COLOR HAIR COLOR ii JVEYJ APPLiCATIOiJ OW THIS FORE". WILL BC l1SED TO ASSESS YOUR OUALIFI- ~ ~ ~(-C~'~ ~~ '~~ ~ RENEWAL APPS CATIOIJS FOR A TAXICAB DRIVERS LICENSE, YOU ARE FlOT ~~~ SECURITY ~ DO YOU WEAR!CORRECTIVE LENSES, LEGALLY REGIUIRED TO PROVIDE THIS DATA, $Ui WE WILL AYES i'~0 NOT BE ABLE TO GRANT THE LICEIJSE WITHOUT 1T. THIS DATA WILL CONSTITUTE A PUBLIC RECOkD 1F THE LICETISE THIS APFLICATIOfJ 1S APPROVED OR ~pC•fJ1ED BY IS GRAfJTED, AlliJ AT THAT TIME ('OPiES MAY BE ISSiJED TO ANYONE REQUESTIfJG THEFT. WE ARE ASKING FOR THIS INFORf•1AT10N FOR THE FOLLOWING REASONS: TO USE IIJ DISTIfJGU1SHING YOU FR014 OTHER APPLICANTS AND TO IDEiJT1FY YOU IN OUR LICENSE FILES, ~. TO ENABLE US TO VERIFY THAT YOU ARE THE INDIVIDUAL WHO !S APPLYIfJG FOR THIS L1CEiJSE. . TO ENABLE US F ADDITIONAL INFORMAT[OK Oil CLARIFICAT10f~1 IS NEEDED. . T E .1F YOU MEET ,THE MIN1MUt1,_AGE REG~ , OR THIS LICENSE. 0 I)E.TERMIfJE' WHETHER YOUR CONV1CTi0N RECORD }1AY 'BE' A ilOB-RELATED TION AFFECTING YOUR -^".--~-~ "SUITABILITY TO RECEIVE A RICHFIELD TAXI CAB DRIVERS LICENSE. TO t•IEET FEDERAL AND STATE REPORTING REOU[REF1EfJTS. TO MAKE PROCESSING OF LICENSE APPLICATIONS MORE EFFICIEFJT. rIAS YOUR DRIVER 5 LI~ENSE EVER BEEN SUSPEfIDED OR REVOKED. YES _,~NO CIF YES, EXPLAIfJ ELOW) HAVE YOU EVER BEEN COiJVICTED OF ANV CRIME OTHER TITAN A TRAFFIC _ _ _ YES ~_NO CIF YES, EXPLAIIJ BELUW) RELATED OFFENSE? HAVE YOU EVER l1SED A ~JAME OTTHER THAN THE~IONE USED GP{ T:iISpAP~PLICATION? /~_;^~9,~_ YES NO CIF YES, EXPLAIN BELOW) PLEASE LIST YOUP. PREVIOUS AllDRESSES, OTHER THAN THE CURRENT ADDRESS, FOR THE ____ STREET ADDRE _) ~J _ Y S - COUD~ PAST FIVE YEARS: l "" NOTICE: YOUR APPLICATION WI B D NI'A UNLESS ALL ~UEST10^!S F.RE ANSWERED. APPLICANT PRINT NAF1E,; -- ~~ l~.l , - ~ ,~/~('~ ' ~, ~Ll`-'` L~ d ~t'1r117~~11'~PPLICANT SIGNATUR[ 1' ~ SUBSCRIBED TU AND SWOkN BEFORE ME THIS __ DAY Of _`~._, 19 NOTARY SEAL & SIGNATURE "IJOiE: APFLICANT MUST COMPLETE AND TURN IfJ TT1E ATTACHED TAXI DRIVER HEALT:i STATEMENT AS REQUIRED. AGENDA SECTION: CONSENT AGENDA ITEM # SIIi REPORT # 63 STAFF REPORT CITY COUNCIL MEETING APRIL 13, 2004 RELATED TO: CITY COUNCIL sl N/A REPORT PREPARED BY: COUNCIL PRESENTER: AND/OR RICHFIELD 2020 GOAL(S)N/A BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ® ~~-~ SIGNATURE IEWED BY CITY MANAGER: /~ REV ITEM FOR COUNCIL CONSIDERATION: Consideration of the request for the renewal of a lawful gambling license for Minneapolis- Richfield American Le ion Post #435, 6501 Portland Avenue. I. RECOMMENDED ACTION: By Motion: Approve the request for renewal of a lawful gambling license for Minneapolis-Richfield American Legion Post #435, 6501 Portland Avenue, with further recommendation that the Council pass the attached resolution approving the gambling activity requested by the applicant in accordance with Richfield City Code 1100.13, Subd.6. II BACKGROUND I On March 19, 2004, Minneapolis-Richfield American Legion Post #435 submitted an application for the renewal of their lawful gambling license. The $100 investigation fee has been received. 0413 American Legion Lawful Gambling Renewal Public Safety has conducted the required background investigation and has determined that the applicant has complied with all of the requirements. III. BASIS OF RECOMMENDATION ~ A. POLICY Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. B. CRITICAL ISSUES • The applicant has complied with the State statutes and City code pertaining to lawful gambling. • The applicant has submitted the request within sixty days of the renewal of the license. The applicant has demonstrated that the gambling activity requested is a benefit to the community. C. FINANCIAL N/A D. LEGAL N/A IV. ALTERNATIVE RECOIVIMENDATION(S~ Deny the request for the renewal of a lawful gambling license for Minneapolis-Richfield American Legion Post #435. This would mean that the applicant would not be able to conduct gambling activities within their establishment; however, the Public Safety Department has not found any basis for a denial V. ATTACHMENTS • Resolution No. granting approval for Minneapolis-Richfield American Legion Post #435 to conduct lawful gambling. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST #435 TO CONDUCT LAWFUL GAMBLING WHEREAS, Minneapolis-Richfield American Legion Post #435 has submitted an application for the renewal of their lawful gambling license; and WHEREAS, the application requests renewal of their bingo operations; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, City of Richfield, Minnesota, as follows: 1. That a lawful gambling license be granted to Minneapolis-Richfield American Legion Post #435, 6501 Portland Avenue. Passed by the City Council of the City of Richfield, Minnesota this 13th day of April, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING APRIL 13, 2004 CONSENT 5D 62 RELATED TO: AND/OR RICHFIELD 2020 GOAL(S) N/A CITY COUNCIL GOAL(S~ N/A BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: DIVISION MANAGER NAME, T/TLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ,® S/GNATURE REVIEWED BY CITY MANAGER: ~ £: ITEM FOR COUNCIL CONSIDERATION: Consideration of the request for the renewal of a lawful gambling license for Fred Babcock VFW Post #5555, 6715 Lakeshore Drive. I. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of a lawful gambling license for Fred Babcock VFW Post #5555, 6715 Lakeshore Drive, and further approve the attached resolution for the gambling activity requested by the applicant in accordance with Richfield City Code 1100.13, sub.6. II. BACKGROUND On March 18, 2004, Fred Babcock VFW Post #5555 submitted an application for the renewal of their lawful gambling license. The $100 investigation fee has been received. 0413 VFW Gambling Renewal The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all of the requirements. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. B. CRITICAL ISSUES • The applicant has complied with the State Statutes and City Code pertaining to lawful gambling. • The applicant has submitted the request within 60 days of the renewal of the license. • The applicant has demonstrated that the gambling activity requested is a benefit to the community. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for the renewal of a lawful gambling license for Fred Babcock VFW Post #5555. This would mean that the applicant would not be able to conduct gambling activities within their establishment; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • A resolution granting approval for Fred Babcock VFW Post #5555 to conduct lawful gambling. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR FRED BABCOCK VFW POST #5555 TO CONDUCT LAWFUL GAMBLING WHEREAS, Fred Babcock VFW Post #5555 has submitted an application for the renewal of their lawful gambling license; and WHEREAS, the application requests renewal of their bingo operations; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, City of Richfield, Minnesota, as follows: 1. That a lawful gambling license be granted to Fred Babcock VFW Post #5555, 6715 Lakeshore Drive. Passed by the City Council of the City of Richfield, Minnesota this 13th day of April, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 5C REPORT # C j :~~~T: ~ STAFF REPORT ~.:W ry °~'~~ 1 ,. ~,l .~ CITY COUNCIL MEETING r ~.~ .~ APRIL 13, 2004 ~.~~ Related to: CITY COUNCIL GOAL(s) NO. N/A AND/oR RICHFIELD 2020 GOAL(S) NO 1, 24, 39 REPORT PREPARED BY: KRISTIN ASHER, PROJECT ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Resolution related to parking prohibitions on east side of Nicollet Avenue, near Sovereign Grace Fellowship Church. Specifically, "No Parking Anytime" signs replacing "No Parking exce t Sunda s" from the south drivewa of the Church north to 71st Street. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution which provides for 24-hour parking restrictions on the. east side of Nicollet Avenue from the Sovereign Grace Fellowship Church's south driveway north to 71st Street. II. BACKGROUND A request was made in the fall of 2003 by Peter Thorpe and Mitch Hagen asking for a handicapped transfer zone on the east side of Nicollet Avenue, Sovereign Grace Fellowship Church. A similar request was made recently by Randy Merchant. Currently, the east side of Nicollet Avenue is posted "No Parking except Sundays". 0413HennResolution Mr. Merchant is concerned about allowing the elderly and handicapped to board in front of the Church and the threat. to their safety caused by the congestion of having cars parked in front of the Church entrance. City staff recommends replacing the "No Parking except Sundays" signs with "No Parking Anytime" signs. It should be noted that typically traffic control requests are handled by City staff without a formal resolution or committee input. However, Nicollet Avenue is a County State Aid Highway and Hennepin County requires a resolution to process the request. III. BASIS OF RECOMMENDATION A. POLICY • .The City's traffic policy is to review and evaluate traffic requests as they are received and to make the best engineering judgement as it relates to the individual request. B. CRITICAL ISSUES • None. C. FINANCIAL • The adoption of the attached resolution will not have impact on the City finances. D. LEGAL • None. IV. ALTERNATNE RECOMMENDATION~S~ • To deny the request and maintain the "No Parking except Sundays" sign on Nicollet Avenue. • "Handicapped Transfer Zone" signs are inappropriate because handicapped access is not provided to the Church from the street. Handicapped access is provided off of the south parking lot. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. RESOLUTION NO. RESOLUTION AUTHORIZING HENNEPIN COUNTY TO INSTALL SIGNS RESTRICTING PARKING ON THE EAST SIDE OF NICOLLET AVENUE FROM THE SOVEREIGN GRACE FELLOWSHIP CHURCH'S SOUTH DRIVEWAY NORTH TO 71ST STREET. WHEREAS, the safety and well-being of the citizens of Richfield is at risk; and WHEREAS, replacement of "No Parking. except Sundays" signs with "No Parking Anytime" signs in this area may improve safety for the pedestrians in front of the Church. NOW, THEREFORE, BE IT RESOLVED by the City Council of Richfield, Minnesota, as follows: 1. The "No Parking except Sundays" signs be replaced with "No Parking Anytime" signs on the East Side of Nicollet Avenue from the Sovereign Grace Fellowship Church's South Driveway North to 71st Street. Adopted by the City Council of the City of Richfield, Minnesota this 13 day of April, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM ~ 5$ REPORT # fi0 STAFF REPORT CITY COUNCIL MEETING APRn,13, 2004 Related to: CITY COUNCIL GOAL(S) No. N/A AND/OR RICHFIELD 2020 GOAL(S) NO REPORT PREPARED BY: STEVE DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TI7z.E COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: N/A ITEM FOR COUNCIL CONSIDERATION: Resolution appointing resident experts to the 2004 Board of Equalization and setting com ensation for service to the 2004 Board. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution appointing Larry Emond and Glenn Erickson to the 2004 Board of Equalization and set compensation for service to the Board at $70 per session or $25 per hour aer session, whichever is greater. II. BACKGROUND Mr. Larry Emond, 6325 Russell Avenue, has indicated his willingness to serve as a residential representative to the 2004 Board. He has been an independent property appraiser for over 30 years and has served on the Richfield Board of Equalization since 1983. He has held a Federal Appraisers License and has worked primarily in 0413 Bd Equal Appt V'; conducting property appraisals for financial institutions. He is also experienced in building construction and held a real estate license. Mr. Glenn Erickson, 7240 Bryant Avenue, has also indicated that he is willing to serve on the 2004 Board. Mr. Erickson has been in the property appraisal business since 1951. He first served on the Richfield Board of Equalization in 1991. His business has predominantly included appraisal of single family residential, duplex and fourplex properties. His appraisals have been for mortgage loans and appraisal audits. Mr. Erickson has held both an appraiser's and a real estate brokers license. Both Mr. Emond and Mr. Erickson have been extremely valuable assets to the City's Board of Equalization in their past service. III. BASIS OF RECOMMENDATION J A. POLICY The City has previously convened a Board of Equalization to not only comply with legal requirements but also to provide a forum for residents to voice concerns about their respective property values. • Mr. Emond and Mr. Erickson are long-standing residents of Richfield who have an excellent knowledge of Richfield property values and real estate appraisal. The Board provides the City Council with a methodology to independently review selected property values established by the County Assessor. B. CRITICAL ISSUES • It is important to convene and conclude the 2004 Board of Equalization within the time frame established by State Statutes and the City Charter. The 2004 Board is scheduled to convene at 6:30 p.m. Tuesday, May 4, 2004. C. FINANCIAL • It is recommended that the compensation for this expert service be set at $70 per session of the Board or $25 per hour per session of the Board, whichever is greater. This is an increase of $5 for the per session rate paid in 2003. D. LEGAL • Both the City Charter and MN State Statutes require some process to review property value challenges posed by residents. The Charter specifies the current Board of Equalization structure. IV. ALTERNATIVE RECOMMENDATION(S~ • Recruit and select other qualified expert residents to serve on the Board. V. ATTACHMENTS • Resolution confirming appointments and setting compensation. VI. PRINCIPAL PARTIES EXPECTED AT MEETING RESOLUTION NO. A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION BE IT RESOLVED, that the City Council of the City of Richfield, Minnesota hereby approves the City Manager's appointment of Mr. Lawrence Emond and Mr. Glenn Erickson as 2004 resident members of the Board of Equalization as provided in Chapter 7 of the City Charter. BE IT FURTHER RESOLVED, that compensation for the two resident members of the Board of Equalization be set at a minimum of $70 per session of the Board or $25 per hour per session of the Board, whichever is greater. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of April 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # rjA REPORT # ~ S9 J STAFF REPORT CITY COUNCIL MEETING APRIL 13, 2004 Related to: CrIY CouNCIL GOALS} No. wA AND/E~2 RICHFIII..D 2020 GOALS} No wA REPORT PREPARED $Y: CHERYL KRUMHOLZ, ADMIN. ASST. N.~, T7tz.~ COUNCIL PRESENTER: REVIEWED BY CrrY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of the attached ordinance amendment relating to City Council salaries. I. RECOMMENDED ACTION: By motion: Approve first reading of the attached ordinance amendment relating to City Council salaries and schedule the second reading for Mav 11, 2004. III. BACKGROUND Chapter II, ection 210 of the City ordinance establishes the salaries of the City Council and provides that the salaries of the Council Members be reviewed by December 1 of each year in which an election is held. It has been the practice in past years for the City Council to review their salaries prior to the time that work begins on proposed budgets for the next year. In June 1987, Council Members adopted a policy to review Council salaries. The policy statement provides that in years a municipal election is to be held, the Council shall establish a revised pay schedule for the Mayor and Council Members. The policy also provides that any increase should be based upon the amount of increase granted to employees in the year(s) subsequent to the previous salary adjustment. The salary increase for employees in the General Services and Management pay plans was 3°~ in 2004 and 2003. On May 14, 2002, the City Council approved a salary increase of 3%, effective January 1, 2003. Also approved, effective on January 1, 2004, was a percentage equal to the annual pay structure increase granted on January 1, 2004 to Management and General Services employees to keep the Council salaries comparable with other cities. That percentage increase was 3%. The current salary of the Mayor is $8779 annually which translates into $8.441hour based upon an average of 20 hours per week that is frequently exceeded. The Mayor also serves on the Richfield Housing and Redevelopment Authority with no compensation. Each Council Member`s salary is $6815 annually which translates into $6.55/hour based upon an average of 20 hours per week that many Council Members exceed. As stipulated in the City Charter, salary increases do not take effect until after the next succeeding municipal election. This means any change in salaries would be effective January 1, 2005. Since the 2005 proposed salary adjustment has not yet been determined, the City Council may wish to adjust their salaries equal to the pay structure increase granted on January 1, 2005 to General Services and Management pay plans. This equal pay adjustment could also be gran#ed on January 1, 2006. Attached is a list of Council salaries of 10 selected cities in the metro area of a comparable size. III. BASIS OF RECUMMENfDATION A. POLICY • Chapter I1, Section 210 of the City Code establishes the salaries of the Gity Council and provides that the salaries of the Council Members be reviewed by December 1 of each year in which an election is held. • The City Charter stipulates that City Council salaries may be adjusted only by ordinance. B. CRITICAL ISSUES • The City Council adopted Policy Statement No. 1 on July 13, 1987. The policy statement provides that in years a municipal election is to be held, the Council shall establish a revised pay schedule for Council Members and the Mayor. The policy also provides that the amount of increase granted to employees in the year subsequent to the previous salary adjustment would be used as a guideline. The salary increase for employees in the General Services and Management pay plans was 3°~ in 2004 and 2003, and 3.5°~ in 2002. • Including a City Council salary increase effective January 1, 2006 equal to the pay structure increase granted on January 1, 2006 to Management and General Services pay plans will keep the Council salaries comparable with other cities. • A public hearing is not required per State Statute or City Charter. • Second reading of the proposed ordinance is scheduled for May 11, 2004. C. FINANCIAL • Preparation of the 2004 Revised/2005 Proposed budget will begin in a few months. The Council's decision on a salary adjustment will be necessary to provide adequate funding, should an adjustment be approved. D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could defer action on this item to a future meeting. However, budget preparation timelines should be considered. • Da not approve first reading of the ordinance and take no further action. V. ATTACHMENTS • Proposed ordinance. • Salary survey VI. PRINCIPAL PARTIES ExPECTED AT MEETING • None. BILL NO. AMENDMENT TO SECTION 210 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 210 of the ordinance code of the City of Richfield is hereby amended by amending Subsection 210.01 to read as follows: Subdivision 1. Mayor. Effective January 1, 20035, the salary of the mayor ~e~yea~ shall be increased by a percentage equal to the annual pay structure increase granted on January 1 2005 to Management and General Services pav plans Subdivision 2. Council. Effective January 1, 20035, the salary of a member of the council ~peyFea~shall be increased by a percentage equal to the annual pav structure increase granted on January 1 2005 to Management and General Services pav Ip ans• Subdivision 3. Effective January 1, 20046, the annual salary of the mayor and a member of the council as provided in Subdivision 1 and 2 above shall be increased by a percentage equal to the annual pay structure increase granted on January 1, 20086 to Management and General Services pay plans. Subdivision 4. Effective Date. This ordinance becomes effective on January 1, 20035. Passed by the City Council of the City of Richfield, Minnesota this day of , 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk METROPOLITAN AREA CITY COUNCIL 2004 SALARY SURVEY Ci Po uiation 2004 Annual Salary Ma or Council Apple Valley 45,527 $9,780 $6,984 Blaine 44,942 11,664 8,556 Eden Prairie ~ 54,901 7,200 6,000 Edina 47,425 7,050 5,100 Fridley2 27,449 9,636.96 6,998.22 Golden Valley 20,281 10,910 8,696 Maple Grove 50,365 12,000 10,100 Minnetonka 51,301 10,500 8,000 Richfield 34,439 8,779 6,815 Roseville 33,690 9,300 7,020 St. Louis Parka 44,126 9,760 6,365 Average Salary: $9,689 $7,330 NOTE: Each city was asked if they had a 2005 proposed salary. None did. However, Maple Grove had a 2006 proposed salary (Mayor: $12,500; and Council: $10,500}. ~ In addition to salary, the Eden Prairie Mayor/Council receive an additional per diem if they are required to attend more than the two regularly scheduled meetings -- $25 per diem for under two-hour meeting; $50 per diem (maximum) for overtwo-hour meeting. 2 The Fridley Council Member at Large receives $7,915.69. s The St. Louis Park Mayor/Council also serve on the Economic Development Authority. The additional salary compensation for the Commissioners is $3,600 and $5,400 for the President.