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12-14-04 AgendaCITY OF RICHFIELD, MINNESOTA TUESDAY, DECEMBER 14, 2004 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call 1. Discussion regarding proposed new City maintenance facility Notes: 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 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 Worksession of November 23, 2004 and (2) Regular City Council Meeting of November 23, 2004 PRESENTATIONS 1. Presentation to out-going Ward 2 Council Member Gertrude Ulrich ~ 2. Presentation to out-going Ward 3 Council Member John Enger ~_ 3. Richfield Foundation awarding of grants Notes: ~~ 4. Annual meeting with Celebrations Commission Notes: COUNCIL DISCUSSION 5. Council discussion • Hats Off To Hometown Hits Notes: CITY MANAGER'S REPORT 6. City Manager's report Notes: AGENDA APPROVAL 7. Council approval of agenda CONSENT CALENDAR 8. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action 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 first reading of transitory ordinance adopting fee schedule for permits and applications related to official controls and schedule public hearing and second reading for January 11, 2005 S.R. No. 201 B. Consideration of approval of extension of Contract No. A021020 with Hennepin County to allow continued access to property information system from January 1, 2005 through December 31, 2005 S.R. No. 202 C. Consideration of approval of resolution authorizing donation of used City computer equipment to Richfield School District #280 S.R. No. 203 D. Consideration of approval of resolution accepting grants from federal, state and county governments, agencies and private groups and authorizing City to administer funds in accordance with grant agreements (requires 2/3 Council vote) S.R. No. 204 E. Consideration of approval of transfer of funds from Urban Wildland Half Marathon to Wood Lake Capital Improvement Project Fund in amount of $13,085.56 S.R. No. 205 F. Consideration of approval of new 2004 therapeutic massage enterprise license for Salon Junallo, 6800 Penn Avenue, and renewal for 2005 S.R. No. 206 G. Consideration of approval of agreement for purchase of services between City of Richfield and Hennepin County Sentencing to Serve work crews in amount of $45,000 for 2005 S.R. No. 207 --~ H. Consideration of approval of award of contract. to Hawkins, Inc. for soda ash for water ' treatment in amount of $48,800 for 2005 S.R. No. 208 I. Consideration of approval of renewal of currency exchange license: • Community Money Centers dba Money Center, 6525 Nicollet Avenue S.R. No. 209 • Checks Cashed of America, LLC dba Money Xchange, 1508 East 66th Street S.R. No. 210 -mil • Unbank Company, LLP, 6421 Penn Avenue S.R. No. 211 Notes: 9. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 10. Public hearing regarding resolution adopting modification to Redevelopment Plan for Richfield Redevelopment Project Area and modification to Tax Increment Financing Plans for Interstate-Lyndale-Nicollet, Richfield Rediscovered A-1, A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4, B-5 and Interchange Tax Increment Financing Districts Staff Report No. 212 Notes: 11. Public hearing regarding resolution authorizing conditional use permit to allow Montessori pre-school and daycare at 7227 Penn Avenue in "R" zoning district Staff Report No. 213 Notes: 12. Public hearings to consider the following 2005 liquor license renewals: A. On-Sale Intoxicating and Sunday Liquor for The Frenchman's, 1400 East 66th Street S.R. No. 214 B. On-Sale Intoxicating and Sunday Liquor, including outside service of alcohol, for Wiltshire Restaurants, LLC, dba Houlihan's Restaurant & Bar, 6601 Lyndale Avenue S.R. No. 215. C. On-Sale Intoxicating and Sunday Liquor for Don Pablo's Operating Corp., dba Don Pablo's, 980 West 78th Street S.R. No. 216 D. On-Sale Intoxicating and Sunday Liquor for Champps Operating Corp., dba Champps Restaurant, 790 West 66th Street S.R No. 217 E. On-Sale Intoxicating and Sunday Liquor for. Paisan Inc., dba Khan's Mongolian Barbeque, 500 East 78th Street S.R. No. 218 F. On-Sale Intoxicating and Sunday Liquor for MDM EAR, Inc., dba Backyard Bar and Grill, 1500 East 78th Street S.R. No. 219 G. On-Sale Intoxicating and Sunday Liquor for Taco Morelos II, Inc., Two West 66th Street S.R. No. 220 H. On-Sale Intoxicating and Sunday Liquor for R&J Brothers, Inc. dba LaVilla Restaurante Mexicano, 1120 East 66th Street S.R. No. 221 I. Club On-Sale and Sunday Liquor for Fred Babcock V.F.W. Post No. 5555, Inc., dba Four Nickels Food & Drink; 6715 Lake Shore Drive S.R. No. 222 J. Club On-Sale and Sunday Liquor for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue S.R. No. 223 K. On-Sale Wine and 3.2 Percent Malt Liquor for Thompson's Fireside Pizza, Inc., dba Fireside Pizza, 6736 Penn Avenue S.R. No. 224 L. On-Sale Wine and 3.2 Percent Malt Liquor for Kiang's Red Pepper, Inc., dba Red Pepper Chinese Restaurant, 2902 West 66th Street S.R. No. 225 M. On-Sale Wine and 3.2 Percent Malt Liquor. for Ph'hket Thai Restaurant, 6345 Penn Avenue S.R. No. 226 N. On-Sale Wine and 3.2 Percent Malt Liquor, with outside service of alcohol and food, for The Noodles Shop-Colorado, Inc. dba Noodles and Company, 7630 Lyndale Avenue S.R. No. 227 O. On-Sale Wine and 3.2 Percent Malt Liquor, with outside service of wine/3.2 beer and food, for Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue S.R. No. 228 Notes: 13. Public hearings to consider the following 2005 pawnbroker and secondhand goods dealer license renewals: A. Metro Pawn & Gun, Inc., 7529 Lyndale Avenue S.R. No. 229 B. Capital Cash LLC, dba Hy's Pawn, 6414 Nicollet Avenue S.R. No. 330 Notes: PROPOSED ORDINANCE 14. Consideration of second reading of ordinance amendment to Richfield City Code Section 1186 striking all references to pawnbrokers because separated into new pawnbroker ~- Section 1187 earlier Staff Report No. 231 Notes: RESOLUTIONS 15. Consideration of resolution authorizing subdivision waiver for 6305 Dupont Avenue Staff Report No. 232 Notes: 16. Consideration of resolution establishing one-year moratorium on development of certain properties at intersection of 66th Street and Portland Avenue and directing planning study conducted Staff Report No. 233 Notes: 17. Consideration of resolution approving amendment to 2004-2005 labor agreement with Police Supervisors Law Enforcement Labor Services Local 162 Staff Report No. 234 Notes: 18. Consideration of resolution approving amendment to 2004-2005 labor agreement with Law Enforcement Labor Services, Inc. Local 225 (911 Dispatchers) Staff Report No. 235 Notes: 19. Consideration of resolution approving amendment to 2004-2005 labor agreement with International Union of Operating Engineers Local No. 49 Staff Report No. 236 Notes: 20. Consideration of resolutions approving 2004 Revised/2005 Proposed budget and tax levy and related resolutions Staff Report No. 237 Notes: OTHER BUSINESS 21. Consideration of Separation Agreement and Release of Claims between City of Richfield and City Manager Samantha Orduno Staff Report No. 238 Notes: 22. 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 fo keep their comment period to three minutes to allow sufficient time for others. Comments are to bean 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: ~ 23. Adjournment --' 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: public Hearines AGENDA ITEM # 13B REPORT # 330 ~~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO N/A REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: v SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2005 pawnbroker and secondhand goods dealer licenses for Ca ital Cash LLC, d/b/a H 's Pawn, 6414 Nicollet Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of pawnbroker and secondhand goods dealer licenses for 2005 for Capital Cash LLC, d/b/a Hy's Pawn, 6414 Nicollet Avenue South. ~ II. BACKGROUND On November 16, 2004, the City received the renewal application and other required documents for pawnbroker and secondhand goods dealer licenses for Capital Cash LLC, d/b/a Hy's Pawn, 6414 Nicollet Avenue South. The applicant has paid the required license fees. 1214 PH Hy's Pawn Licenses Renewal ~~, The Public Safety background investigation has been completed and reveals the following: 1. Jory Herman is 40% owner of the business and acts as chief executive officer. Michael Strauss is also 40% owner of the business and is the acting chief financial officer. Andy Strauss and Daniel Berdass are each 10% owners of the business. None of these individuals has any known criminal record. 2. Michael Strauss and Jory Herman currently own Hy's Pawn & Jewelry, 1025 Currie Avenue North, Minneapolis, MN. Michael Strauss currently acts as_ president and chief financial officer of the establishment. 3. A copy of the Articles of Incorporation has been provided and is on file with the City. A $1500 bond has been submitted. Public Safety had 11 contacts for this location in the past year. This compares to nine contacts from the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints regarding this location in the past year. The owners of the business agree 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 December 2, 2004. 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 IV. ALTERNATIVE RECOMMENDATION~S~ ~ The Council could decide to continue the hearing. However, if the hearing is continued beyond January 1, 2005, the Council should consider the granting of 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 • Jory Herman, Owner • Michael Strauss, Owner ~ Capital Cash, LLC d/b/a Hy's Pawn Officers Jory Herman Owner/Chief Executive Officer Michael Strauss Owner/Chief Financial Officer Daniel Berdass Owner Andy Strauss Owner PUBLIC SAFETY CONTACTS October 2003 -September 2004 PLAZA PAWN 2003 2004 TOTAL CONTACTS 9 11 _, CRIMINAL CONTACTS 7 11 Incidents (see bottom of page for specifics) (5) (9) Alarm (2) (2) MISC. NON-CRIMINAL 2 0 Assists (2) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2003 through September 2004 were: four suspicious person/vehicle, one assisted another agency, one shoplifting, one theft and two received ~-~~ stolen property. (Numbers in parenthesis are included in total contact figures) _~ AGENDA SECTION: Other Business AGENDA ITEM # 2 j REPORT # 238 STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) No. N/A arm/oR RICHFIELD 2020 GOAL(S) NO N/A REPORT PREPARED BY: Na,~, TITLE COUNCIL PRESENTER: ITEM FOR COUNCIL CONSIDERATION: Consideration of Separation Agreement with. City Manager Samantha Orduno. CORRINE THOMSON, CITY ATTORNEY I. RECOMMENDED ACTION: By Motion: Approve the Separation Agreement and Release of Claims between the City of Richfield and Samantha Orduno and authorize the Mavor to sian the same. II. BACKGROUND City Manager Samantha Orduno has served as City Manager since October 1999. Ms. Orduno has indicated her desire to separate employment from the City, subject to an agreement that is mutually acceptable to the City Council and Ms. Orduno. III. BASIS OF RECOMMENDATION A. POLICY • The proposed separation agreement will sever the employment relationship between the City and Ms. Orduno in an amicable fashion, which is in the interests of both parties. • The proposed agreement includes a release of potential claims against the City. '~ B. CRITICAL ISSUES - ~ • Approval of the separation agreement will result in an amicable termination of the City Manager's employment. • The terms of the agreement are acceptable to Ms. Orduno. C. FINANCIAL • The Manager's current employment contract provides for payment of six months' severance pay upon termination of the City Manager's employment by the City Council. • The agreement also provides for continuation of insurance benefits for six months, reimbursement of reemployment expenses up to a maximum of $5,000, and an in-kind payment of a computer worth approximately $650. • In exchange for the payments to be received, Ms. Orduno is waiving and releasing potential claims against the City. D. LEGAL • The agreement complies with the requirements of Minn. Stat. § 465.722, related to payment of severance pay to public officials. • The City Attorney prepared the proposed agreement and will be at the Council meeting to answer any questions. -~ IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the proposed separation agreement. V. ATTACHMENTS • Separation Agreement and Release of Claims Between the City of Richfield and Samantha Orduno. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City Attorney -~ SEPARATION AGREEMENT AND RELEASE OF CLAIMS BETWEEN THE CITY OF RICHFIELD, MINNESOTA AND SAMANTHA ORDUNO THIS AGREEMENT is made and entered into by and between the CITY OF RICHFIELD, MINNESOTA (the "City") and SAMANTHA ORDUNO (the "Employee") as of December 14, 2004. Recitals 1999. A. The Employee has been employed by the City as City Manager since October 12, B. The City and the Employee have determined that it is in the best interests of both parties that the employment of the Employee by the City be terminated in accordance with the terms of this Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements as set forth in this Agreement, the sufficiency of which is acknowledged by both parties, the City and the Employee agree as follows: 1. Resignation. The Employee offers and the City accepts the Employee's resignation from her employment with the City effective December 31, 2004. The Employee -~ will continue to perform her usual duties as City Manager for the City through December 31, 2004; but this paragraph shall not prevent the Employee from taking accrued vacation or sick leave during that time period. 2. Severance Pay. The City will pay the Employee the total sum of $56,284.80 (which is the equivalent of six months' salary) as severance pay. The City will pay the severance pay in regular, periodic installments to be paid to the Employee on each regular payroll day for the City, beginning January 13, 2005 and ending July 14, 2005 by direct deposit to the Employee's checking account. Each installment payment will be reduced by applicable federal and state taxes, employment taxes, and other customary withholdings and City contributions as verified by the City's personnel records. The severance pay will be excluded from retirement deductions and from any calculations of retirement benefits, as required by Minn. Stat. § 465.722, subd. 2. 3. Continuation of Benefits. After December 31, 2004, the City will continue to pay group health, dental, life, and disability insurance premiums at the same rate and in the same manner as currently being paid by the City for up to six months or until such benefits have been afforded to the Employee through her new employer, whichever occurs first. 4. Payment for Accrued Vacation Leave, Holiday and Personal Leave. In accordance with existing City policy, the City will pay the Employee for accrued and unused vacation, holiday, and personal leave, reduced by applicable federal and state taxes, employment taxes, and other customary withholdings, as verified by the City's personnel records. This payment will be made no later than January 28, 2005. No additional vacation, holiday- or personal leave benefits will accrue after December 31, 2004 and during the period that installments of severance pay are made. JJT-214157v1 BR270-24 5. Transition Services. In exchange for the Employee's full and complete release of claims against the City as set forth in paragraph 9 of this Agreement, the City will pay on the Employee's behalf an amount not to exceed Five Thousand Dollars ($5,000.00) for costs incurred by the Employee to obtain employment, including outplacement or retraining services, and travel or other expenses incurred in seeking reemployment. The provisions of this paragraph expire six months after the effective date of the Employee's resignation or until the Employee is re-employed on a full time basis, whichever occurs first. The City will reimburse Employee within 30 days after submission of costs incurred by the Employee in accordance with this paragraph. 6. Laptop Computer. In consideration of the Employees' full and complete release of claims against the City as set forth in paragraph 9 of this Agreement, the City will allow Employee to retain the laptop computer that has been assigned to her for her use during her employment. Prior to release of the laptop computer to Employee, City technicians will remove all government data from the laptop computer. The estimated value of the laptop computer is $650.00. 7. Re-Employment Compensation. The City agrees not to oppose a claim for re- employment compensation by the Employee based on the termination of the employment. Employee agrees not to file a claim for reemployment compensation during the time period when severance pay is being paid to Employee. 8. Consideration. The Employee acknowledges that the terms described in this Separation Agreement and Release of Claims are sufficient consideration for this Agreement. 9. Release. In consideration of the terms described in this Separation Agreement and Release of Claims, the Employee, for herself, her heirs, administrators, representatives, successors, and assigns, releases and forever discharges the City and its .attorneys, agents, representatives, employees, former employees, insurers, heirs, executors and assigns of and from any and all past, present or future claims, demands, obligations, actions or causes of action, at law or in equity, whether arising by statute, common law or otherwise, and for all claims for damages, of whatever kind or nature, and for all claims for attorneys' fees, costs and expenses, including but not limited to all claims of any kind arising out of the Employee's employment, including but not limited to claims for emotional distress, discrimination, or constructive discharge. Notwithstanding the preceding provisions of this paragraph, the Employee expressly reserves any workers' compensation claim, in particular, any workers' compensation claim arising out of the physical conditions of the city hall building at 6700 Portland Avenue South, Richfield, Minnesota. The Employee is not releasing or relinquishing any right to defense and indemnification by the City for any possible claims asserted by third parties arising out of the performance of her duties as City Manager for which the City is obligated by state or federal law to defend and indemnify the Employee. ~ In consideration of the terms described in this Separation Agreement and Release of Claims, 'y the Employee further acknowledges that she is knowingly and voluntarily waiving all possible rights or claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 626, and all possible rights or claims arising under the Minnesota Human Rights Act, Minn. Stat. § 363, et al., JJT-214157v 1 BR270-24 ~ and that she has had an opportunity to consult with an attorney concerning the waiver of and content __ _ of the rights available under these acts. It is specifically understood that this release is intended to include only those claims arising from any conduct, event or transaction occurring prior to the date of this Agreement and is intended to include any and all claims for unknown injuries and/or damages, unanticipated injuries and/or damages and unexpected consequences of injuries and/or damages. The Employee further acknowledges that -she fully understands the terms of this Separation Agreement and Release of Claims, and that, pursuant to the Age Discrimination in Employment Act, she has 21 days to consider it and seek the advice of an attorney and/or financial advisor, and that she is signing it freely and voluntarily. The Employee further acknowledges that she is waiving and releasing any rights that she might otherwise have under her current employment agreement, the city charter, and state or federal law with respect to a hearing with respect to any matter arising out of her employment with the City or arising out of matters set forth in this Agreement. 10. Representation by Counsel. The Employee has had the opportunity to consult with counsel of her own choosing with respect to this Agreement and all matters covered by and relating to it, and that she has knowingly and voluntarily elected not to retain counsel to .advise her regarding this Agreement. The Employee further agrees and represents that she has not received nor relied upon any advice or representations by the City or the City's counsel in entering this Agreement. This Agreement shall be binding upon the Employee and inure to the benefit of the City and their respective successors, assigns, subsidiaries, heirs, executors, personal representatives, and agents. 11. No Admission of Liability. The parties admit absolutely no liability, or wrongdoing, of any sort, and it is further specifically understood that this Agreement shall not be construed as an admission of liability or wrongdoing of any sort on the part of any party. 12. Voluntary and Knowing Action. The parties acknowledge that they have had the opportunity to consult with their own legal counsel, that they have thoroughly read and understand the terms of this Agreement, and that they are voluntarily entering into this Agreement. 13. Data Practices Reauirements• Confidentiality. This Separation Agreement and Release of Claims is public data. 14. Rescission/Revocation Period. This Agreement is subject to the following rescission/revocationperlods as provided bylaw: Acf Revocation Period Age Discrimination in Employment Act, 7 days 29 U.S.C. § 626(f)(1)(G); Minnesota Human Rights Act, 15 days Minn. Stat. § 363A.31, Subd. 2. JJT-214157v 1 BR270-24 -1 Once the Agreement has been executed, the Employee understands that she has the right to rescind and/or revoke the waivers and releases contained in this Agreement. To be effective, the rescission or revocation must be in writing and delivered to the City either by hand or mail within the 7-day period for the Age Discrimination in Employment Act, or within the 15-day period for the Minnesota Human Rights Act. If delivered by mail, the rescission or revocation must be: (1) postmarked within the applicable 7- or 15-day period; (2) properly addressed to the City; and (3) sent by certified mail return receipt requested. The address of the City is: City of Richfield 6700 Portland Avenue So. Richfield, MN 55423 15. Compliance with Applicable Laws. The City and the Employee acknowledge that this Agreement is intended to comply fully with applicable federal or state laws and regulations with respect to the matters covered by this Agreement. The City and the Employee specifically acknowledge that the severance payment set forth in this Agreement is governed by Minnesota Statutes, Section 465.722 and that the parties intend that this Agreement comply fully with that provision. To the extent that the parties need to take any action after this Agreement is executed to comply with Section 465.722, or any other provision of federal or state law, the parties agree to work cooperatively and in good faith to achieve such compliance. 16. Complete Agreement. The parties acknowledge and represent that no promise or representation not contained in this Agreement has been made to them. 17. Governing_Law. This Agreement will be construed, enforced and governed in accordance with the laws of the State of Minnesota. 18. Effective Date. Pursuant to Minnesota Statutes, Section 465.722, the effective date of this Agreement shall be fifteen days after it is approved by the City Council at a public meeting and maybe rescinded or rejected during that time period by either the City or the Employee. IN WITNESS WHEREOF, the City and the Employee have approved and executed. this Agreement on the dates indicated below. DATE: EMPLOYEE: Samantha Orduno DATE: By: Its: CITY OF RICHFIELD, MINNESOTA: Mayor JJT-214157v 1 BR270-24 AGENDA SECTION: Resol iti on AGENDA ITEM # 20 REPORT # 137 ~i STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) NO. N/A ArrD/OR RICI~IELD 2020 GOAI,(s) NO N/A REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, T/TLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: W ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions approving the 2004 Revised/2005 Proposed budget and tax levy and related resolutions. I. RECOMMENDED ACTION: By motion: Adopt the resolutions approving the 2004 Revised/2005 Pro osed bud et and tax lev and related resolutions. II. BACKGROUND In September 2004, the City Council approved and certified a preliminary tax levy of $10,993,024 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 2004 truth-in-taxation hearing on December 6, 2004. During the course of the public hearing, there was an opportunity for testimony from the general public. Information was also presented by 12142004 Budget 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. III. BASIS OF RECOMMENDATION A. POLICY • A revised 2004 budget and final 2005 budget and tax levy must be adopted on or before December 27, 2004. • Cities then have five working days after December 20 or no later than December 28 to prepare all the documentation necessary to certify a final levy to the County Auditor and State Department of Revenue. • A proposed 2005 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 • N/A C. FINANCIAL _ • The gross tax levy for 2005 reflects a 7.17% increase from the previous \ year's gross levy. • The local tax capacity rate for 2005 reflects a 4.04% percent decrease from the previous year. D. LEGAL • Atruth-in-taxation public hearing for the 2005 proposed budget and tax levy was conducted on December 6, 2004. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could adopt a final 2005 budget and tax (evy in any amount, which does not exceed the preliminary levy of $10,993,024. V. ATTACHMENTS • Resolution adopting a proposed budget and tax levy for the year 2005. • Resolution authorizing budget revisions. • Resolution authorizing revision of 2004 budget of various departments. • Resolution. authorizing annual 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 2005 Capital Improvement Budget. • Resolution adopting the 2006-2009 Capital Improvement Program. • Resolution relating to purchasing practices in the City of Richfield. ~ • Resolution relating to the 2005 General Services Salary compensation plan. • Resolution relating to the 2005 Specialized Pay Plan. • Resolution relating to the 2005 Management Salary compensation plan. • Resolution establishing 2005 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 RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2005 - WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 2004 and then recertified before December 28, 2004. 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 2005 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive $ 795;390 Administrative Services 1,058,500 Public Safety 6,918,950 Fire Services 2,546,330 Community Development 221,750 Public Works 3,422,010 Recreation Services 1,456,490 Transfers 15,000 TOTAL GENERAL FUND $16,434,420 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 2005 which are more fully detailed in the City Manager's official copy of the 2005 budget, are hereby found. and determined to be as follows: TOTAL GENERAL FUND $16,434,420 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2004, payable in 2005 for the following purposes and in the following amounts: PURPOSE General Fungi Debt Service AMOUNT $10,607,464 385,560 ' Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees' Retirement Association. 2 General Fund Levy included all fiscal disparities distribution amounts. 4. The budget for the Housing and Redevelopment Authority of Richfield for the year !`'~ 2005 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 2004, payable in 2005 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $377,878 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 14th day of December 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~ RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 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 14th day of December, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2004 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 9405 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2004; 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 2004 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2005 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2004 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Leg islative/Executive Administrative Services _ Public Safety Fire Services Community Development Public Works Recreation Services Transfers TOTAL GENERAL FUND INCREASE $ 866,380 1,008,570 6,727,930 2,589,310 215,690 3,202,180 1,415,670 615,000 16,640,730 $ 984,430 2. Estimated 2004 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 2005 budget, are hereby revised as follows: INCREASE $984,430 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 14th day of December 2004. ~-.,; ATTEST: ,_~ Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk -~ RESOLUTION NO. RESOLUTION AUTHORIZING ANNUAL ADJUSTMENT TO CITY'S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE WHEREAS, the Internal Revenue Service annually 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 annually 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 14th day of December, 2004. Martin J. Kirsch, 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 2005 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. 9409: 2. Where the rate is not based upon the metered use of water, the following quarterly flat charges are established effective January 1, 2005 for each billing district as defined in paragraph 3 of this resolution. 2005 A) Residential per unit $ 49.80 B) Commercial - For the equivalent of 10 or less persons $ 49.80 More than 10, less than 16 90.80 More than 15, less than 21 127.70 More than 20, less than 26 169.60 C) Institutional - Foreach 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: 2005 For each 100 grade school students or fraction $ 59.50 in excess thereof For each 100 junior high school students or high 149.20 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, 2005, for each 2005 ~ customer billing district and shall be as follows: $ 2.48 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, 2005, shall be as follows: $ 2.48 C) A customer charge shall be made for each invoice rendered effective January 1, .2005 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 fund, and its storm sewer fund based on the user fees billed for by each fund. D) Where the metered use of water on the premises for the preceding winter quarter was not normal, the rate may be adjusted as provided in Subdivision 3 of said Section 7.05. 4. The foregoing rates and charges are in addition to, and not in lieu of, other rates and charges established by ordinance or resolution. WATER RATES AND CHARGES FOR 2005 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 $1.90 per 1,000 gallons. Water charges shall be payable quarterly, and all bills issued after January 1, 2005 shall be at this rate. SPECIAL WATER SERVICE CHARGES FOR 2005 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 or outside meter readers shall be $19.50 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. STORM SEWER RATES AND CHARGES FOR 2005 1. Pursuant to the provisions of Section 7.20 of the Ordinance Code of the City of Richfield, the rates and charges for City storm sewer service are hereby established to be those set forth in the following paragraphs of this resolution: 2. The rates and charges for the use and availability of the system are determined through the use of a "Residential Equivalent Factor" (REF). One REF is defined as the ratio of the average volume of surface runoff coming from one acre of land and subjected to a particular use, to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the City during a standard one year rainfall event. The REF's for the following land uses within the City and the billing classifications for such land uses are as follows: LAND USES REF CLASSIFICATION Cemeteries .25 1 Parks and railroads .75 2 Two-family residential 1.00 3 Single-family residential 1.00 4 ` Public and private schools and institutional uses 1.25 5 Multiple-family residential uses and churches 3.00 6 Commercial, industrial, and Warehouse uses 5.00 7 3. The basic system quarterly rate for storm sewer service is $46.60 per acre of land. $9.61 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. ~'~'~ 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 14th day of December, 2004. _~ Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION ADOPTING THE 2005 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget-for 2005 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 2005 Capital Improvement Budget in the sum total of $11,520,000 is hereby approved as amended and adopted with full recognition of the fact that the cost estimates are approximate and are subject to final cost estimates and that all awards of contracts for these projects are subject to necessary hearings and must be approved by the City Council in accordance with established laws and practices governing such action, and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and ,--~) practices. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION ADOPTING THE 2006-2009 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program 2006-2009 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 2006-2009 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 14th day of December, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ,--~ %--~ RESOLUTION NO. RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING 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 the City of Richfield is hereby granted the authority to enter into contracts or approve purchases on behalf of the City of Richfield up to, but not to exceed $25,000. ~_, Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~~ 1 RESOLUTION NO. RESOLUTION RELATING TO THE 2005 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for General Services ~~.mployees from time-to-time, and WHEREAS, the City administration has prepared a 2005 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 2005 the following pay plan, which is to be effective January 1, 2005, the first full pay period in 2005 and subject to all applicable provisions of the City Code: 2005 GENERAL SERVICES COMPENSATION PLAN STEP 1 2 3 4 5 6 RANGE GS1 YR 26,873.60 28,475.20 30,076.80 31,678.40 33,571.20 34,569.60 MO 2,239.47 2,372.93 2,506.40 2,639.87 2,797.60 2,880.80 BW 1,033.60 1,095.20 1,156.80 1,218.40 1,291.20 1,329.60 HR 12.92 13.69 14.46 15.23 16.14 16.62 GS2 YR 29,577.60 31,116.80 32,635.20 34,299.20 36,025.60 37,835.20 MO 2,464.80 2,593.07 2,719.60 2,858.27 3,002.13 3,152.93 BW 1,137.60 1,196.80 1, 255.20 1, 319.20 1, 385.60 1,455.20 HR 14.22 14.96 15.69 16.49 17.32 18.19 ~S3 YR 32,635.20 34,299.20 36,088.00 37,835.20 39,728.00 41,912.00 MO 2,719.60 2,858.27 3,007.33 3,152.93 3,310.67 3,492.67 BW 1,255.20 1,319.20 1,388.00 1,455.20 1,528.00 1,612.00 HR 15.69 16.49 17.35 18.19 19.10 20.15 GS4 YR 36,088.00 37,835.20 39,790.40 41,787.20 43,846.40 46,155.20 MO 3,007.33 3,152.93 3,315.87 3,482.27 3,653.87 3,846.27 BW 1,388.00 1,455.20 1,530.40 1,607.20 1,686.40 1,775.20 HR 17.35 18.19 19.13 20.09 21.08 22.19 GS4SN YR 38,750.40 40,643.20 42,744.00 44,928.00 47,153.60 49,545.60 MO 3,229.20. 3,386.93 3,562.00 3,744.00 3,929.47 4,128.80 BW 1,490.40 1,563.20 1,644.00 1,728.00 1,813.60 1,905.60 HR 18.63 19.54 20.55 21.60 22.67 23.82 GS5 YR 39,790.40 41,787.20 43,846.40 46,155.20 48,464.00 50,876.80 MO 3,315.87 3,482.27 3,653.87 3,846.27 4,038.67 4,239.73 BW 1,530.40 1,607.20 1,686.40 1,775.20 1,864.00 1,956.80 HR 19.13 20.09 21.08 22.19 23.30 24.46 GSSE YR 42,744.00 44,928.00 47,112.00 49,545.60 52,041.60 .54,641.60 ~ "~` ~ MO 3,562.00 3,744.00 3,926.00 4,128.80 4,336.80 4,553.47 - BW 1,644.00 1,728.00 1,812.00 1,905.60 2,001.60 2,101.60 HR 20.55 21.60 22.65 23.82 25.02 26.27 GS6 YR 43,846.40 46,155.20 48,464.00 50,876.80 53,476.80 58,988.80 MO 3,653.87 3,846.27 4,038.67 4,239.73 4,456.40 4,915.73 _ BW 1,686.40 1,775.20 1,864.00 1,956.80 2,056.80 2,268.80 HR 21.08 22.19 23.30 24.46 25.71 28.36 GS6E YR 47,112.00 49,545.60 52,062.40 54,641.60 57,387.20 63,377.60 MO 3,926.00 4,128.80 4,338.53 4,553.47 4,782.27 5,281.47 BW 1,812.00 1,905.60 2,002.40 2,101.60 2,207.20 2,437.60 HR 22.65 23.82 25.03 26.27 27.59- 30.47 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. .mployees 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 6th day of December 2004. Martin J: Kirsch ATTEST: Nancy Gibbs City Clerk Mayor (Revised 1204) GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS 1 Clerk Typist D E t Non-Exempt ata n ry Operator Non-Exempt Switchboard-Receptionist Non-Exempt 2 Community Development Technician Non-Exempt Community Service Officer Non-Exempt Custodian Non-Exempt Finance Clerk Non-Exempt Investigative Clerk Non-Exempt Lead Liquor Clerk Non-Exempt Licensing Clerk Non-Exempt Police Cadet Non-Exempt Senior Clerk Typist Non-Exempt Senior Clerk Typist/Investigative Clerk Non-Exempt 3 Accounting Clerk Non-Exempt Arena Operations Assistant Non-Exempt Code Compliance Specialist Non-Exempt Community Development Assistant Non-Exempt Coordinator Facility Operations Assistant Fore tr I t /O ti A i Non-Exempt s nspec y or pera ons ss stant Health/Licensing Specialist Non-Exempt Non-Exempt Leased Housing Assistant Non-Exempt Secretary Utilit Billi Cl Non-Exempt y ng erk Non-Exempt 4 Assessment Clerk Non-Exempt Communications Specialist Non-Exempt Information Technologies Technician Non-Exempt 4SN Administrative Aide Non-Exempt Payroll Accountant Non-Exempt 5 Assistant Building Maintenance Supervisor Non-Exempt Engineering Technician Non-Exempt Facility Maintenance Supervisor Non-Exempt Recreation Supervisor Part-time Non-Exempt 5E Assistant Liquor Store Manager Exempt Crime Prevention Program Coordinator Exempt Community Center Programmer Exempt Community Development Accountant Exempt Community Development Coordinator Exempt Executive Coordinator Exempt Housing Coordinator Exempt Human Resources Coordinator Exempt Human Services Planner/Coordinator Exempt Leased Housing Specialist Exempt Naturalist Exempt Records. Supervisor Exempt Recreation Supervisor Zoning Administrator Exempt Exempt 6 Network Administrator Non-Exempt Trade/Building Inspector Non-Exempt Trade/Electrical Inspector Non-Exempt 6E Accountant Exempt. RESOLUTION NO. RESOLUTION RELATING TO THE 2005 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 2005 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 2005 the following pay plan which is to be effective on January 1, 2005, the first full pay period in 2005 and subject to the provisions of the personnel rules and regulations ordinance: 2005 SPECIALIZED PAY PLAN INTERMITTENT AND SEASONAL Pay Grade Step 1 Step 2 Step 3 Step 4 SP1-E/NE HR 6.50 6.84 7.13 7.50 SP2-E/NE HR 7.19 7.53 7.89 8.29 SP3-E/NE HR 7.75 8.14 8.54 8.97 SP4-E/NE HR 8.38 8.81 9.23 9.70 SP5-E/NE HR 9.02 9.50 9.96' 10.46 SP6-E/NE HR 9.80 10.27 10.76 11.31 SP7-E/NE HR 10.53 11.07 11.63 12.18 SP8-E/NE HR 11.38 11.97 12.55 13.17 SP9-E/NE HR 12.29 12.93 13.55 14.22 SP10-E/NE HR 13.32 13.96 14.67 15.42 SP11-E/NE HR 14.31 15.08 15.83 16.59 SP12-E/NE HR 15.51 16.25 17.06 17.94 - SP13-E/NE HR 16.61 17.51 18.42 19.36 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 fast increase Step 4 -One year from last increase Passed by the City Council of the City of Richfield, Minnesota this 6th day of December, 2004. Martin J. Kirsch Mayor ATTEST: Nancy Gibbs City Clerk 1 E Pool Attendant NE Clerk Typist -Int. & Substitute E Student Intern NE Construction Inspector NE Farmers Market Coordinator _ 2 \ NONE NE Publication Supervisor NE Teen Coordinator 3 NE Bike Patrol Officer E Playground Coordinator NE Concession I (all sites EXCEPT Pool, E Maintenance Technician Vet's & Taft) E Tennis Coordinator NE Scorer/Timer NE Recreation Attendant I 9 NE Community Development Tech. E Concession I (Pool, Vet's & Taft only) E Special Facilities Coordinator E Facility Rental Attendant 10 NE Adult Sports Coordinator 4 NE Arena Attendant NE Engineering Aide NE Dance Coordinator & Skate E Pool Supervisor Coordinator NE Recreation Attendant II (Men's Open 11 NE Community Relations Coordinator Gym & Sports Attendant) E Concession II 12 NE Pool Coordinator E Facility Cashier E Mini Golf Attendant 13 NE 911 Dispatcher 5 NE Adaptive Assistant Instructors NE Custodian NE Building Inspector NE Professional Intern NE Figure Skating NE Survey Crew Person NE Hockey (Arena) ,- NE Winter Sports Attendant NE Housing & Redevelopment Tech E Warming House Attendant NE . Sports Official 6 NE Adaptive Leader/Specialist NE NE Substitute Naturalist Dance NE Concession III (all sites EXCEPT Pool) E Cross Country Ski NE Receptionist E Hockey (outside) NE Teen Leader E Tennis E Concession III E WSI E Lifeguard E Outdoor Skating/Warming House Supv OTHER E Playground Leader Instructor's Range: $5.75 - $50 7 NE Accounting Clerk Election Judge $8.25 NE Adaptive Program Supervisor Election Co-Chair $9.00 Election Chairperson $10.00 NE Building Attendent NE Concession Supervisor (all sites NE=Non-Exempt, may work up to 40 hours per EXCEPT Pool) week without overtime pay. NE Construction Specialist E-Exempt may work up to 48 hours per week NE Liquor Sales Associate without overtime pay. NE Maintenance Laborer All Pool position s are exempt from overtime, even Concessions. NE Naturalist I All Playground and outdoor Rink positions are exempt. All Community Center, Wood Lake Nature Center, Ice Arena and NE Video Production Assistant Maintenance positions are non-exempt. NE Zamboni Operator (Revised 12/2004) E Mini Golf Supervisor E Concession Supervisor NE Pool Night Watch 8 NE Adaptive Coordinator NE Administrative Services Clerk RESOLUTION NO. RESOLUTION RELATING TO THE 2005 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 2005 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 2005 the following pay plan, which is to be effective January 1, 2005, the first full pay period in 2005 and subject to all applicable provisions of the City. MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M-1 YR 50,772.80 58,032.00 65,270.40 MO 4,231.07 4,836.00 5,439.20 BW 1,952.80 2,232.00 2,510.40 HR 24.41 27.90 31.38 M-2 YR 60,424.00 69,056.00 77,708.80 MO 5,035.33 5,754.67 6,475.73 --. BW 2,324.00 2,656.00 2,988.80 HR 29.05 33.20 37.36 M-3 YR 65,873.60 75,254.40 84,676.80 MO 5,489.47 6,271.20 7,056.40 BW 2,533.60 2,894.40 3,256.80 HR 31.67 36.18 40.71 M-4 YR 68,161.60. 77,896.00 87,651.20 MO 5,680.13 6,491.33 7,304.27 BW 2,621.60 2,996.00 3,371.20 H R 32.77 37.45 42.14 M-5 YR 81,120.00 92,705.60 104,291.20 MO 6,760.00 7,725.47 8,690.93 BW 3,120.00 3,565.60 4,011.20 HR 39.00 44.57 50.14 c a~ m ~ N ~ • tn C ~ fQ N (0 ~ > ~ 1- _ ~- • Z 3 N a ~~ o ^~ ~ ~ •cd g o .~. ~- ~~ w?a~~ - O ~ ._ ~ o + _~ vii S ~ •, ., •; • a~ 3 °QQQ >_ O W a c ~ ~ ~~ > o a ~ 0~~~ o a~ ~' ~_ 3 _ ° C O z o 0 ~ . C •~ N •n •n Z ~ V _ ~ _ . QO o ~cn *'' O ~ ~ J d `~ ~' - - Q ~ \ ~ C C G1 N \ ~ ~ ~ ~ ~ ~ ~ ~ cc ~ ~ ~ ~ Z LL + + ~ ~ ~ -'c~ cv ZO~ ~ ~ ~ a~~ Oo QQQ ~ ~ ~ (6 ~ e~ O O ac ~~~zz O o ~ w, .~ ~, ~ ~... ~ O O. ~ O .~ C C ~ ~ ~ F- o o i O •3 U >+ Z M O O N C ~ c v ao °"'. ~ O)~ ~ r ~ ~ ~ U ~ U c ~' \ + + N c~ m ~ ~ •~ •~ •, ~ ~ ~ ~ Z co v O QQQ ~ c -p v~~o W N O N p~~~ ~ •L Z (Q C6 (6 ~ Q ~~~~ ' ~ .~ N ~ ~ ~ c vi - 'g c"-n W • L_ ~ O ~ ~.__~ Z acs ~~ > ~~ ~- O O O ~ ~ ~ N ~, ~ O ~ ~ N W f0 O ~ f6 ~a~ ~o:~min° ~ ~~ v ~c~a~~ OQc~z~ 0 0 N U N O a ca _N O O C C O _U 0 U a~ O C O U U ~, .~ •~ O N ca L ca U L Y _C c6 .Y N U U N F- (~ ~ ~ w I- c Q Z MANAGEMENT POSITION CLASSIFICATION STRUCTURE RANGE POSITION TITLES CLASS M-1 Assistant to the City Manager Exempt . Building Maintenance Supervisor Exempt City Clerk Exempt Facility/Program Manager Exempt Supervisor Exempt Health Administrator Exempt Liquor Store Manager Exempt Engineer -Project Exempt M-2 Chief Building Official Exempt .Community Development Manager Exempt Information Technologies Manager Exempt Engineering Supervisor Exempt Housing & Redevelopment Manager Exempt Transportation Engineer ~ Exempt , M-3 Asst. Fire Chief/Fire Marshal Exempt Finance Manager Exempt Operations Superintendent Exempt Utility Superintendent Exempt ,- M-4 None Exempt M-5 Department Director Exempt (Rev. 12-04) RESOLUTION NO. RESOLUTION ESTABLISHING 2005 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ~` j ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION N0.9513 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 7, 8, 9, 10 and 11 of this resolution. C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 7, 8, 9, 10 and 11 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 PERMIT FEES AND CHARGES A. Investigation Fees: Work without a Permit: Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Section 2. The payment of such - investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. B. Permit fee refunds: The building official may authorize refunding of not more thari 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. V , TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (a) Inspections outside of normal business hours $47.00 per hour (minimum charge -two hours) (b)Reinspection fees $47.00 per hour (minimum charge $20.00) (c) Inspections for which no fee is specifically indicated $47.00 per hour (minimum charge -one-half hour) (d) Additional plan review required by changes, $47.00 per hour additions or revision to plans (minimum charge -two hours) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of he employee involved. D-1 SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) ~-~ ~ ~~ TYPE OF PERMIT SECTION TOTAL VALUATION FEE SCHEDULE OR LICENSE REQUIRING 1 Buildin Permits 400.03-400.09 $1 to $500 $35.00 $501 to $2,000 $23.50 for the first $500 plus $3.05 each additional $100, or fraction thereof, to and including $2,000 with a minimum fee of $35.00. $2,001 to $25,000 $69.25 for the first $2,000 plus $14.00 for each additional $1,000, or fraction thereof, to and includin $25,000. $25,001 to $50,000 $391.25 for the first $25,000 plus $10.10 for each additional $1,000, or fraction thereof, to and includin $50,000. $50,001 to $100,000 $643.75 for the first $50,000 plus $7.00 for each additional $1,000, or fraction thereof, to and includin $100,000. $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and includin $500,000. $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and includin $500,000. $500,001 to $1,000,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and including $1,000,000. 1,000,001 and up $5,608.75 for the first $1,000,000 plus $3.65 for each additional $1,000, or fraction thereof. TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (2) Driveway, Parking 515.05 (no permit fee for sidewalks) $ 25.00 Area Permits (3) Swimming 420.00 Permanent above or below ground pools are based Building Permit. Portable Pools $ 35.00. (No fee shall be charged for construction or erection of any pool 24 inches or less in depth at its deepest part and not exceeding 177 sq ft in water surface) (4) Plan Review Fee 400.03-400.09 35% of building permit fee for one and .two family dwelling detached garages and basement remodels 65% of building permit fee for all other building permits, except no fee for the following: (a) Existing single family dwelling minor nonstructural alterations. ib) Single and two family dwelling repair and maintenance work. (c) Commercial and industrial repair and maintenance work not exceeding $1,000 or where plans are not required. Plan review fee for Maximum 25% of permit fee based on Minnesota State Building Code similar buildings 1300.0160 (5) Contractors Charged once each time a contractor applies for $ 5.00 License permit(s) Verification Fee D-2 SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (6) Moving Dwellings 845 Pre-inspection Fee: IN Richfield $ 35.00 and Buildings other than Dwel-ings OUTSIDE Richfield $ 70.00 Moving Permit Fee: WITHIN Richfield $ 35.00 INTO Richfield $ 70.00 Moving Out of City $ 35.00 (7) Garage Moving 845 Pre-inspection Fee: (if relocated in City) $ 35.00 Garage Moving Permit Fee $ 35.00 (8) Structure 400.00-400.09 (a) Commercial Demolition Demolition cost as per Building Permit Schedule with a minimum of $ 35.00 (b) Dwelling l .One or two story $ 35.00 Residential -Garage and lesser structure $ 35.00 (9) Plumbing Permit. 400.03-400.09 Residential Minimum Fee 2% of Total Job cost with a minimum of $ 35.00 (includes one inspection) Each additional inspection $ 20.00 (10) Plumbing Permit 400.03-400.09 Commercial -Based on Total Job cost 2% of Estimated Job cost with a minimum of $ 45.00 (1 1) Electrical Permit 400.03-.400.09 Residential ' (a) Minimum Fee which includes one inspection $ 35.00 (b) Each additional Inspection $ 20.00 (c) Complete Wiring Fee: Single Family Dwelling and each dwelling unit of $ 100.00 a two family dwelling and includes not more than three inspection. (d) New Service - up to 200 amps $ 35.00 (e) Temporary Service - (for construction). $ 35.00 (f) Installation, addition alteration, or repair of $ 8.00 each circuit or feeder (12) Electrical Permit 400.03-400.09 Commercial, Industrial and multiple dwellings Commercial (more than two units) Minimum Fee $ 45.00 (a) Based on total job cost - 2% of estimated job cost with a minimum of $ 45.00 - Over $50,000 -Fee/ $1,000.00 plus 1 1 /2% of cost over $50,000.00 (b) Traffic Signals: Per Intersection $ 185.00 (c) Fire Alarm: Based on 3/4% of cost of electrical job to customer with a minimum of $ 45.00 (13) Electrical Permit 400.03-400.09 Based on 2% of cost of electrical job to customer Signs with a minimum of $ 45.00 (separate electrical permit required for signs) D-3 SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (14) Heating, 400.03-400.09 Central Systems and Additions, Alterations and Repairs Ventilating, Air 1 1 /2% estimated cost with a minimum of $ 35.00 Conditioning and (Includes one inspection) Refrigeration Each additional inspection $ 20.00 Residential Central Systems and Additions, Alterations and Repairs Heating, 1 1 /2% estimated cost with a minimum of $ 45.00 Ventilating, Air Conditioning and Refrigeration Commercial (15) Heating,. Fuel 400.03-400.09 Tanks (Installation modification, removal, Ventilation, Air abandonment) Conditioning, Each above ground tank $ 100.00 Refrigeration Each below ground tank $ 100.00 Storage Tanks For installation or alteration of piping $ 35.00 (16) Sign Installation 415.01-415.1 1 (a) Temporary sign permit $ 30.00 (b) Permanent sign (any size) $ 75.00 (c) Building permit is required for sign support structures Fees based on building permit fee schedule SECTION 3. CONSTRUCTION AND RELATED LICENSE FEES (1) Heating and Ventilating Installer 400.07 1 Year $ 75.00 (2) Sign Installer 416.01-416.13 1 Year $ 75.00 (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 4. ZONING, LAND USE AND RELATED CHARGES ~' TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) *Planned Unit 536 (a) $500 plus $5/ $1,000 of project value up to a Development maximum fee of $ 3,500.00 (b) PUD Plan Amendment fee -major $ 550.00 (c) PUD Plan Amendment fee -minor $ 250.00 (2) *C-3 Zoning District 526.39 (a) $500 plus $5 / $1,000 of project value to a Site Plan Review maximum fee of $ 3,500.00 (b) Plan Amendment Fee $ 550.00 Transitional Activity 526.63 permit $300 plus $5/ $1,000 of project value up to a maximum fee of $ 3,000.00 D-4 SECTION 4. ZONING, LAND USE AND RELATED CHARGES (CONTINUED] TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (3) *Variance 546.09 Residential $ 250.00 Non Residential $ 450.00 Extension $ 75.00 Variance Appeal Residential and Non Residential $ 100.00 (4) *Conditional Use 546.05 (a) change in use $ 350.00 Permit (b) new construction or building addition up to 20,000 sq. Ft. $ 600.00 (c) new construction or building addition over 20,000 sq. Ft. $600 + $.50/$1,000 of construction value up to a maximum fee of $ 3,500.00 (5) *Zoning District 546.07 $ 500.00 Change (6) *Subdivision 500.01-500.05 $ 500.00 Approval Subdivision Waiver 500.05-Subd. 2 $ 350.00 *Any additional expense of notification necessitated by applicants request for continuance will be charged to the applicant. (7) Off-street Parking 541.07 (a) As part of conditional use permit process No Fee Permit 800.15-800.23 (b) In conjunction with permitted use $ 300.00 (8) Street Vacation 820 $ 350.00 (9) Conditional 521.103 $ 300.00 Activity Permit (10) Nonconforming 521.105 $ 400.00 Use Permit (11) Appeal to Board of $ 350.00 Adj. & Appeals (12) Special Request to $ 350.00 City Council (13) Zoning $ 50.00 Compliance Letter (14) Comprehensive $ 350.00 Plan Amend. (15) Home Occupation $ 25.00 Permit (16) Plat: preliminary & $ 500.00 final D-5 SECTION 5. PUBLIC WORKS FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (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 $ 25.00 Permit the boulevard b) If applied for after installation of feature has begun $ 50.00 (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 (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) Short 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 b: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 ~. 1 ) D-6 SECTION 5. PUBLIC WORKS FEES (CONTINUED) (8) Utility Services Sanitary Sewer 700.05 All land uses New Service $ 100.00 Repair $ 100.00 Disconnect $ 100.00 Replacement $ 100.00 Water Service 715.01 All land uses New Service $ 100.00 Repair $ 100.00 Disconnect $ 100.00 Replacement $ 100.00 Storm Sewer 720 All land uses New Service $ 100.00 Repair $ 100.00 Disconnect $ 100.00 Replacement $ 100.00 (9) Certification 705.03-705.21 All delinquent accounts $ 50.00 Char e 10 NSF Check Char e $ 25.00 SECTION 6. FIRE SERVICES FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Fire Prevention 400.21-400.29 For initial fee required under code Per year $ 50.00 Code For each additional fee required under code Per year $ 10.00 Penalty If not renewed within 2 months of notification $ 25.00 2 Da care/Adult Foster Care Facilit Ins ection $ 50.00 (3) Reimbursement Fee for Fire/Rescue Per Hour $ 150.00 Unit 4 Fire Re orf Per co $ 5.00 (5) Sale of Consumer 1 131 License per location to sell Per Year $ 100.00 Fireworks consumer fireworks (6) Fire Extinguishing Based on Building Permit fee schedule with a System Permit minimum of: $ .50.00 Plan review fee: 65% of building permit fee, except no fee for the following: a no char e for valuation of $1,000 or less (7) Fire Alarm Systems Based on Building Permit fee schedule with a minimum of: $ 50.00 Plan review fee: 65% of building permit fee, except no fee for the following: a no char e for valuation of $1,000 or less (8) Flammable or Based on Building Permit fee schedule with a Combustible minimum of: $ 50.00 Underground Storage Tanks Plan Review fee: 65% of building permit fee, except no fee for the following: (a) no charge for valuation of $1,000 or less Under round Tank Removal $ 100.00/Tank D-7 SECTION 7. AMUSEMENT AND RECREATION LICENSES AND PERMITS ~~) TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Arcade 1105 1 Year $ 366.00 (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) 1 Year $ 100.00 (State Statute 349.213) (b) Lawful Gambling Investigative Fee 1 Year $ 100.00 (State Statute 349.16) STATE LICENSE REQUIRED (4) Itinerant Place of 1 100.05-1 100.11 1 day $ 196.00 Amusement (5) Public Dance 11 10.03 For each day dances are held - $3 1 month $ 32.00 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 $ 32.00 (c) Circus 1 Year $ 159.00 (d) Dance Hall 1 Day $ 159.00 (e) Golf 1. Miniature 1 Year $ 37.00 2. Driving Tee 1 Year $ 37.00 (f) Mountback 1 Day $ 151.00 (g) Rides, mechanical/animal of any kind (ea) 1 Year $ 15.00 (h) Shows, any kind 1 Day $ 151.00 (i) Shuffleboard (each lane) 1 Year $ 16.00 (j) Other games 1 Day $ 15.00 (7) Musical Concert 1110.01 Per event $ 32.00 (8) Theatre Cinema 1 120 1 Year $ 153.00 Plus a notice publication fee $ 6.50 (9) Roller Rink 1 1 15 1 year or portion thereof $ 153.00 (10) Commercial Adult- 605 1 Year $ 1,830.00 Oriented Enterprises Investigation fee 1 Year $ 1,830.00 (1 1) Masseur/Masseuse 605 Certificate fee 1 Year $ 62.00 Investigation fee 1 Year $ 153.00 (12) Public Baths 610 1 Year $ 2,120.00 Investigation fee (actual cost minimum) $ 2,120.00 (13) Fortune Teller and 1 130.05-1 130.07 1 Day $ 122.00 related trade 1 Week $ 365.00 1 Month $ 731.00 1 Year $ 1,220.00 (14) Adult 1196 Annual license 1 Year $ 1,830.00 Establishments Irivesti ation fee new license $ 1,830.00 D-8 SECTION 8. 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 $ 14.00 option to purchase amulti-year license (b) Animals (Not Spayed or Neutered 1 Year $ 16.00 (c) Duplicate Animal License $ 7.00 (d) Late Penalty $ 6.00 905.31-905.33 (e) Commercial Kennel 1 Year $ 183.00 (f) Residential Kennel 1 Year $ 140.00 (g) Veterinary $ 183.00 905.37-905.39 (h) Pigeons 1 Year $ 36.00 905.41 (i) Non-domestic Animals (Temporary Permit) $ 23.00 905.01-905.29 (j) Impounding (each animal) 1st time $ 53.00 2nd Time $ 106.00 3rd time (each impound affer) $ 159.00 SECTION 9. VEHICLE AND TRANSPORTATION LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Bicycle 1335 Minnesota State Registration (2) Aircraft 1340 1 Day $ 36.00 (3) Food Vehicle 615 (a) Bakery vehicle 1 Year $ 93.00 (b) Catering -for first food vehicle 1 Year $ 195.00 Second vehicle 1 Year $ 80.00 Each additional vehicle 1 Year $ 44.00 (c) Readily perishable (Same as (b) above] (4) Garbage and 601.01-601.33 Commercial and Residential Refuse Collection First vehicle 1 Year $ 183.00 Each additional vehicle 1 Year $ 39.00 (5) Motor Vehicle 1155 Per place of business 1 Year $ 275.00. Dealer Each additional place of business 1 Year $ 104.00 (6) Motor Bicycle 1160 Per place of business 1 Year $ 159.00 Business Per place of business to sell, rent or least 1 Year $ 73.00 (7) Sound Truck 1165 Per vehicle 1 Year $ 159.00 Per Vehicle 1 Day $ 24.00 (8) Taxicab 1170 First vehicle or auto livery 1 Year $ 396.00 Each additional vehicle or auto livery operated at any time within license period 1 Year $ 49.00 (9) Taxicab Driver 1 175 1 Year $ 37.00 (10) Rental or Utility 1 185 Each place of business 1 Year $ 73.00 Trailers and Trucks (~ ~ D-9 SECTION 10. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS I ^~, TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION .FEE (1) Firearms Dealer 920.01-920.05 1 Year $ 1,220.00 (2) Itinerant Food 615 Per $ 98.00 Establishment Event (3) Retail Candy Shop 615 First facility 1 Year $ 98.00 Each additional on same premises 1 Year $ 24.00 (4) Food Establishment 615 (a) Retail or Wholesale Food Sales (Grocery) 1 Year $ 258.00 (b) Restaurant (Prepackaged food only sold for consumption) 1 Year $ 258.00 (c) Restaurant (Prepared food sold for consumption) 1 Year $ 483.00 (d) Plan Review Fees: See fee schedule at end of Section 10 (e) Additional Food Facilities (Baked goods, meat, produce, microwave ovens) Each $ 32.00 (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 $ 122.00 Washing Establishment (7) Scavenger 600.25 Each vehicle 1 Year $ 36.00 Permit fee for opening cesspool or dumping contents of each cesspool into City sewer $ 18.00 (8) Incinerator 600.01-600.23 1 Year $ 36.00 (9) Tobacco 1 146.01(MS Retail Sale and Distribution -License issued $ 306.00 461.12) on calendar year (cigarette vending machines prohibited) (Bill No. 1998-19) (10) Soft drink 1 145.01 (a) Cans> bottles from shelf or cooler, $ 26.00 fountain service (b) Vending machine dispensing bottles or -0- cans (c) Other vending machines Per year or fraction thereof $ 26.00 Per each additional machine $ 26.00 (1 1) Transient Merchant 1181.01-1 181.09 1 Day $ 77.00 (12) Wagon Peddler 1181 1 Year $ 184.00 (13) State hawker or 1181 6 month/per person covered $ 45.00 Peddler license D-10 SECTION 10. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED) (14) Canvasser or 1181 6 month/per person covered $ 45.00 Solicitor (15)Christmas Tree Sale 1130.03 1 Year $ 98.00 (16) Motel 1190 First Unit $ 171.00 Per year each additional unit $ 12.00 (17) Outdoor 1135 Permit $ 80.00 Merchandising (18) Storage Enclosure 1 135 Per Enclosure $ 70.00 (19) Pawnbroker 1187 (a) Pawnbroker 1 Year $ 3,182.00 (b) Owner investigation fee (nonrefundable) 1 Year $ 1,830.00 (c) Manager investigation fee 1 Year $ 663.00 (nonrefundable) (d) Employee investigation fee 1 Year $ 64.00 (nonrefundable) (e) Transaction fee -per transaction $ 2.00 (20) Secondhand 1186 (a) Secondhand Goods Dealer 1 Year $ 350.00 Goods Dealer (b) Initial investigation fee (nonrefundable) actual costs in excess of above with total not exceeding $ 1,464.00 Applicant shall deposit $.1200.00 with Licensing Clerk along with application. Amount in excess of actual application costs shall be refunded. (21) Auto Detailing 1 195.01 1 Year $ 274.00 Establishment (22) Tattoo, Body 630 (a) Tattoo, body piercing, body painting or Piercing, Body body branding 1 Year $ 610.00 Painting or Body (b) Initial investigation fee (nonrefundable) 1 Year $ 1,830.00 Branding (23) Temporary Tattoo, 630 Per booth $ 37.00 Body Piercing, Body Branding and Body painting events (24) Massage Therapy 1188 Annual license 1 Year $ 610.00 Enterprise License Investigation fee (new license) $ 610.00 (Business license) Massage Therapist Anhual license 1 Year $ 62.00 License (Individual Investigation fee (new license) $ 62.00 license) Temporary Per temporary location $ 122.00 Massage Therapist License (25) Public Swimming 420.10 1st Pool $ 104.00 Pool License Each Additional $ 55.00 D-11 SECTION 10. 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 and/or 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 shill 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 $1947 $1014 $548 $94 restaurant or roce Class A (fast food and $1341 $734 $407 $94 warehouses Class C (food facilities $734 $407 $244 $94 with 4 orless employees per shift and health clubs Class B (daycares, $360 $140 $70 No fee grocery, pet shops, retail cand Class B (prepackaged New project or Minor remodel - tood only) change of owner - permit but no $94 Ian check fee Thera eutic Massa a $94 $94 $94 $94 Lod in $1.621 $874 $454 $94 ', SECTION 11. LIQUOR AND RELATED LICENSE AND PERMIT FEES TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) 3.2 Malt Liquor 1202.05 (a) On-Sale 1 Year $ 672.00 (b) Tavern (dance) 1 Year $ 550.00 (c) Wholesale 1 Year $ 33.00 (d) Off-Sale 1 Year $ 195.00 (e) Club (Bottle Club) 1 Year $ 446.00 (f) Temporary per event $ 50.00 Revised 9-16-04 (2) Liquor 1202.05 (a) On-Sale 1 Year $1 1,536.00 (b) Sunday (Fee set by state law) 1 Year $ 200.00 (c) Wine 1 Year $ 978.00 (d) Veterans' Organization (Ex-Sunday) 1 Year $ 636.00 (e) Temporary per event $ 100.00 Revised 9-16-04 D-12 SECTION 11. LIQUOR AND RELATED LICENSE AND PERMIT FEES (CONTINUED) TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (3) Employee License 1200.01-1200.25 Effective 10/1/95 all licenses issued shall be $ 26.00 On-Sale Liquor 1200.29-1200.39 valid for a period of two years from the date Establishments of initial application (4) Investigation Fee 1200.01-1200.25 (a) On-Sale liquor including Veterans' $ 609.00 and 1200.29-1200.39 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 $ 183.00 1225 (b) Wine - Original Application initial Fee $ 337.00 and actual costs in excess of above with total fee not to exceed $ 2,571.00 Renewal Application Initial Fee $ 75.00 and actual costs in excess of above with total cost not to exceed $ 2,571.00 1200.09 Additional Investigation under 1200.09 Subd. 3 $ 151.00 and not to exceed $ 2,571.00 Investigation of substitute manager $ 76.00 SECTION 12. HOUSING INSPECTION AND RENTAL LICENSE FEES TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) License for 405 (a) Apartment House (includes first 4 Units) 1 Year $ 73.00 Apartment Houses each additional unit in excess of 4 $ 11.00 and Rental Homes (b) Rental Home -single family dwelling 1 Year $ 73.00 (c) Duplexes/double bungalows, triples and quads First unit 1 Year $ 73.00 Each additional rental unit 1 Year $ 27.00 (d) Late Fee 10% penalty for each month or portion thereof during which said fee remains unpaid. (e) License Transfer Fee $ 11.00 (f) Reinstatement of suspended license 50% of license fee (g) Reinstatement of Revoked license 100% of license fee (h) Re-Inspection Fee $ 85.00 ea. Inspection over sta ndard 3 inspections $ 170.00 (i) Provisional license for apartment house 1 Year Includes 1 - 4 units Each additional unit in excess of 4 $ 19.00 D-13 SECTION 12. HOUSING INSPECTION AND RENTAL LICENSE FEES (CONTINUED) TYPE OF PERMIT OR LICENSE .SECTION REQUIRING DESCRIPTION FEE (2) Certificate of 405.26 Single family home or owner/occupied $ 73.00 Housing portion of a 2-family home maintenance Compliance (3) Permit Fee for 405.19 1 Year $ 92.00 Rooming House SECTION 13 -MISCELLANEOUS FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Permit to reside 1190 In motel for more than six months $ 16.00 (2) Permit to Carry a Permit Issued By County Gun (3) Antenna 426 (a) CWTS antenna permit application fee $ 75.00 Commercial (b) Antenna permit fee for additional $ 25.00 Wireless antennas added to an existing antenna Telecommunicatio location n Service CWTS (4) False Alarms (a) in excess of 2 for calendar year $ 100.00 (billable) (b) in excess of 10 for calendar year $ 200.00 (c) in excess of 20 for calendar year $ 300.00 (5) Copying Services Flat rate (per page) $ .30 Provided Special rate (a) Black & White Photocopy rate 8.5 x 11 (per side) $ .30 8.5 x 14 (per side) $ .40 1 1 x 17 (each} $ .50 24 x 36 (each) $ 2.50 X-large $ 2.50 Color Photocopy rate 8.5 x 1 1 (per side) $ 1.00 8.5 x 14 (per side) $ 2.00 11 x 17 (each) $ 4.00 24 x 36 (each) $ 18.00 X-large $3 .00/sq.ft. - (b) Labor hourly wage & 33% (c) Postage prevailing rate (d) Fax per page $ .50 (e) Audio tape of meeting (per tape) $ 5.00 (f) Video tape of meeting (per tape) $ 15.00 (g) Electronic copies (cd or disk) $ 5.00 (h) As builts (per image) $ .50 (6) Notary Fee Per Signature $ 1.00 (7) Candidate Filing City Charter $ 25.00 Fee 4.04 D-14 SECTION 13 -MISCELLANEOUS FEES (8) 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 $1.00 per copy for up to five comparable properties Commercial/Industrial/Apartment Field Card Report $2.00 per copy Certified Co ies $5.00 D-15 SECTION 14 -ROOM AND PARK SHELTER RENTAL FEES FEE LOCATION DESCRIPTION CLASSIFICATION FEE Richfield City Hall Council Chambers Non-Profit Weekend: $52.00/Hr Weekday: $42.00/Hr Resident Weekend: $62.00/Hr Private Weekday: $52.00/Hr Non-Resident Weekend: $72.00/Hr Private Weekday: $62.00/Hr Richfield Community Center Augsburg Room Non-Profit Weekend: $27.00/Hr Weekday: $22.00/Hr Resident Weekend: $32.00/Hr Private Weekday: $27.00/Hr Non-Resident Weekend: $37.00/Hr Private Weekday: $32.00/Hr Richfield Community Center Nicollet Room Non-Profit Weekend: $27.00/Hr Weekday: $22.00/Hr Resident Weekend: $32.00/Hr Private Weekday: $27.00/Hr Non-Resident Weekend: $37.00/Hr Private Weekday: $32.00/Hr Richfield Community Center Combined Non-Profit Weekend: $52.00/Hr Nicollet/Augsburg Weekday: $42.00/Hr Resident Weekend: $62.00/Hr Private Weekday: $52.00/Hr Non-Resident Weekend: $72.00/Hr Private Weekday: $62.00/Hr Richfield Community Center Richfield Room Non-Profit Weekend: $52.00/Hr Weekday: $42.00/Hr Resident Weekend: $62.00/Hr Private Weekday: $52.00/Hr Non-Resident Weekend: $72.00/Hr Private Weekday: $62.00/Hr Richfield Community Center Ruth Johnson Room Non-Profit $22.00/Hr Resident $27.00/Hr Private Non-Resident $32.00/Hr Private D-16 SECTION 14 -ROOM AND PARK SHELTER RENTAL FEES (CONTINUED) FEE LOCATION DESCRIPTION CLASSIFICATION FEE Richfield Community Center Fireside Room Non-Profit $22.00/Hr Resident $27.00/Hr Private Non-Resident $32.00/Hr Private Wood Lake Nature Center Auditorium Non-Profit $22.00/Hr Resident $34.00/Hr Private Non-Resident $36.00/Hr Private Augsburg Park Park Buildings Resident $20.00/Hr Christian Park $16.00/Hr (3+ Hrs) Donaldson Park-East Jefferson Park Non-Resident $25.00/Hr Madison Park $21.00/Hr (3+ Hrs) Taff Park-North Washin ton Park Fairwood Park Open Picnic Shelters Resident $15.00/Hr Monroe Park $12.00/Hr (3+ Hrs) Augsburg Park Non-Resident $20.00/Hr $17.00/Hr 3+ Hrs Sheridan Park Open Picnic Shelter Resident $17.50/Hr $14.00/Hr (3+ Hrs) Non-Resident $22.50/Hr $19.00/Hr (3+ Hrs) Veterans Park Open Picnic Shelter Resident 1 Section: $78.00 Day: 4 Hour Block. 2 Sections: $140.00 , 3 Sections: $196.00 Non-Resident 1 Section: $83.00 2 Sections: $150.00 3 Sections: $211.00 Veterans Park Open Picnic Shelter Resident 1 Section: $57.00 Evening: 3 Hour Block 2 Sections: $103.00 3 Sections: $145.00 Non-Resident 1 Section: $62.00 2 Sections: $113.00 3 Sections: $160.00 D-17 SECTION 15. FINE SCHEDULE FOR VIOLATIONS ~, The following schedule of fines applies to offenses initiated by administrative citation. TYPE OF ORDINANCE VIOLATION VIOLATED DESCRIPTION FINE (1) ANIMALS 905.03 Failure to license animal $51.50 905.05 Failure to restrain dog $51.50 905.06 Failure to dispose of animal feces $51.50 930.15 Animal annoyance by reason of noise $51.50 905.17 Failure to quarantine animal $103.00 905.19 Failure to comply with potentially or dangerous $257.50 dog requirements 905.31 Failure to obtain commercial kennel license, multi- $51.50 animal residential license or veterinary kennel license 905.29 Abandonment of an animal $103.00 Failure to provide shelter, food or water fora $257.50 domestic animal 2005.03 Cruelty to animals and birds $257.50 (2) BUILDING 400.19 Failure to number houses and buildings $51.50 CODE 405.09 Failure to provide minimum standards for basic $103.00 equipment and facilities 405.1 1 Failure to provide minimum standards for light, $103.00 ventilation and heating 405.13 Failure to provide minimum standards for safe and $103.00 sanitary maintenance of dwellings/ dwelling units 405.15 Failure to provide minimum space $103.00 406.01 Failure to license rooming house $103.00 407.00 Failure to license apartment houses and rental $103.00 homes 407.09 Failure to display license or provide tenant register $103.00 408.01 Failure to obtain certificate of housing $103.00 maintenance compliance (POS) 420 Failure to comply with swimming pool ordinance $103.00 (3) BUSINESS 1 100.01 Failure to obtain amusement devices license $51.50 LICENSES 1340.01 Failure to obtain aircraft license $51.50 1 105.01 Failure to obtain arcade license $51.50 1125.01 Failure to obtain car washing license $51.50 D-18 SECTION 15. FINE SCHEDULE FOR VIOLATIONS (CONTINUED) ~, TYPE OF VIOLATION ORDINANCE VIOLATED DESCRIPTION FINE BUSINESS LICENSES 1 130.03 Failure to obtain Christmas tree license $51.50 (CONT.) 605.05 Failure to obtain commercial adult-oriented $51.50 services license 1 196.11 Failure to obtain an adult establishment license $51.50 1188.05 Failure to obtain a therapeutic massage license $51.50 1 195.03 Failure to obtain an auto detailing establishment $51.50 license 1200.03 Failure to obtain intoxicating liquor license $51.50 850.09 Failure to obtain community celebration license $51.50 1110.01 Failure to obtain concerts or dance license $51.50 615.05 Failure to obtain food establishment license $51.50 920.03 Failure to obtain firearms license $51.50 1 130.05 Failure to obtain fortune teller license $51.50 601.15 Failure to obtain garbage and refuse collection $51.50 license 1 100.13 Failure to obtain lawful gambling license $51.50 1100.03 Failure to obtain general amusement license $51.50 1200.33 Failure to obtain a liquor employee license $51.50 1 190.05 Failure to obtain motel license $51.50 1 160.03 Failure to obtain motor bicycle license $51.50 1 155.05 Failure to obtain a State motor vehicle dealers $51.50 license 1 155.07 Failure to obtain a City motor vehicle dealers $51.50 license 1120.03 Failure to obtain movie theatre license $51.50 1210.05 Failure to obtain 3.2 intoxicating malt liquor license $51.50 1 181.03 Failure to obtain transient merchant, peddlers, $51.50 wagon peddlers and solicitors license 905.39 Failure to obtain pigeon license $51.50 1 186.05 Failure to obtain a pawnbroker license $51.50 1 187.05 Failure to obtain a secondhand goods dealer $51.50 license 1215.03 Failure to obtain a license for Sunday alcohol sales $51.50 610.03 Failure to obtain public bath license $51.50 D-19 SECTION 15. FINE SCHEDULE FOR VIOLATIONS (CONTINUED) -~ TYPE OF ORDINANCE VIOLATION VIOLATED DESCRIPTION FINE BUSINESS LICENSES 1 1 15.03 Failure to obtain roller rink license $51.50 (CONT.) 601.33 Failure to obtain scavenger license $51.50 1145.01 Failure to obtain soft drink license $51.50 1 165.03 Failure to obtain sound truck license $51.50 1175.03 Failure to obtain taxi driver license $51.50 1170.03 Failure to obtain taxi license $51.50 1 146.05 Failure to obtain tobacco license $51.50 1 185.01 Failure to obtain rental trailer and truck license $51.50 1100.15 Failure to obtain video game license $51.50 1225.03 Failure to obtain wine license $51.50 (4) FENCES/WALLS/ 51 1.23 Failure to maintain fences/walls/ hedges $103.00 HEDGES (5) FOOD 615 Violations of food establishment ordinance $103.00 ESTABLISHMENTS (6) GARBAGE 601.03 Failure to dispose of garbage/ refuse $51.50 601.09 Improper storage and maintenance of garbdge $51.50 containers 601.35 Failure to comply with composting ordinance $51.50 (7) LITTERING 830.03 Littering $51.50 830.07 Placing litter into gutters $51.50 830.31 Improper posting of notices $51.50 830.41 Improper placement of snow/ice $51.50 1135 Improper outdoor merchandising and storage $51.50 (8) NOISE 930 Violations of the noise ordinance $51.50 (9) PARKING 1305.19 Failure to comply with the "Vehicles for Sale" $51.50 ordinance 1305.27 Failure to comply with parking ordinance for certain $51.50 vehicles/trailers 1327.05 Failure to comply with parking of truck-tractors, semi- $51.50 trailers, truck-tractor and semi-trailer combinations or trucks ordinance D-20 SECTION 15. FINE SCHEDULE FOR VIOLATIONS (CONTINUED) -~, ~1 i TYPE OF ORDINANCE VIOLATION VIOLATED DESCRIPTION FINE (10) PARKING/OUTSIDE 1320 Improper parking or storage $103.00 STORAGE 925 Maintaining a public nuisance $51.50 (11) RECREATIONAL 1325 Improper parking or storage of recreational $51.50 VEHICLES vehicles (12) SIGNS 416 Sign regulations 103.00 (13) TRANSIENT 1 181 Violation of transient merchant, peddler, wagon $51.50 MERCHANTS, peddler and solicitor license PEDDLERS, WAGON PEDDLERS AND SOLICITORS (14) ZONING 511 General Zoning Provisions, including 103.00 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-1, MR-1, MR-2, and MR-3 103.00 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, 103.00 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 103.00 districts, including permitted, accessory, conditional and prohibited uses; lot area, width, depth, and coverage requirements; set-back and 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-21 SECTION 15. FINE SCHEDULE FOR VIOLATIONS (CONTINUED). TYPE OF VIOLATION ORDINANCE VIOLATED DESCRIPTION FINE ZONING (CONT.) 531 Rules for the I industrial zoning district, including 103.00 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 103.00 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. 538 Floodplain Management Regulations including 103.00 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 103.00 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 103.00 Appeals; Conditional Use Permits; Zoning Amendments; Variances; Passed by the City Council of the City of Richfield this 14th day of December, 2004. Martin J. Kirsch Mayor ATTEST: Nancy Gibbs City Clerk D-22 AGENDA SECTION: AGENDA ITEM # REPORT # ~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Resoi~tions 19 236 Related to: CITY COUNCIL GOAL(S~ NO. 29 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: AND/OR RICHFIELD 2020 GOAL(S~ NO NA PAM DMYTRENKO ASSISTANT TO THE CITY MGR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving an amendment to the 2004-2005 labor. agreement with the International Union of O eratin En ineers Local 49. I. RECOMMENDED ACTION: By Motion: Adopt the resolution designating an increase in the City's contribution toward health insurance premiums and a 3% salary increase for the International Union of Oaeratina Engineers Local 162. II. BACKGROUND City staff has completed labor negotiations with the International Union of Operating Engineers Local 49 (Union) for the contract re-openers (Article 26- Insurance and Article 31 -Wages) of its 2004-2005 contract, subject to Council approval. Local 49 includes Public Works Workers, Water Plant Operators, Meter Repair & Record Control Worker, Automotive Mechanics, Water Plant Mechanics and Leadworkers. There are approximately 41 employees represented in this unit. 0511 Police contract2004 1=1 ~ ~1 ~~~~9G~~z~'~C~ L~~~er.NC~ The tentatively approved settlement includes the following changes: 1. Wages A 3% across-the-board wage increase, effective January 1, 2005. 2. Health Insurance An increase to the Employer health insurance contribution for contract year 2005 which provides full coverage to single Employee, $605 per month for Employee plus spouse or Employee plus child(ren) coverage, and $650 per month for Employee plus family. The Employer will also maintain its contribution of $27 per month for employee single dental coverage. III. BASIS OF RECONIlViENDATION 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 proposed settlement for the re-opener provisions is one of three union settlements for 2005 before the Council on December 14t" and is identical in wages and health insurance provisions to non-union City employees. The proposed settlement is also well within the range for other comparable 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 2005 wages and benefits, it is recommended that the City Council act on December 14, 2004 to adopt the attached resolution providing for contract changes, effective January 1, 2005. C. FINANCIAL • 3%-wage increase (see attached salary schedule). • Up to a maximum $70 per employee increase in City's contribution towards health insurance coverage. 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 DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH INSURANCE PREMIUMS AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 WHEREAS, the City of Richfield and International Union of Operating Engineers Local 49 signed a bargaining agreement covering a two year period from January 1, 2004 through December 31, 2005; and WHEREAS, the labor agreement covers all terms and conditions of employment including the City contribution for health insurance benefits and salary schedule; and WHEREAS, Article 35 of the labor agreement provides for either party to amend the provisions in Article 26 -Insurance and Article 31 -Wages; and WHEREAS, the City has historically provided the same salary increase and level of health insurance contribution to all eligible City employees, both union and non-union; and WHEREAS, the City desires to maintain such a position of equity; and WHEREAS, the City Council is required to determine by resolution the City's contribution toward the premium for employee group insurance coverage and salary increases. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $605 per month for employee plus spouse or employee plus child(ren) health insurance coverage, and $650 per month for family health insurance, and in any event, said contributions shall not exceed the cost of single coverage for employees selecting that option. Such contributions shall be for coverage effective January 1, 2005. BE IT FURTHER RESOLVED that the City shall implement a salary schedule, effective January 1, 2005, which provides a 3% increase in wages. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Resolutions AGENDA ITEM # j$ REPORT # 7 ~ 5 J STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) No. 29 REPORT PREPARED BY: AIVD/oR RiCI-~rELD 2020 GOAL(s) NO NA PAM DMYTRENKO ASSISTANT TO THE CITY MGR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~~7Gt~ i ~ CX GL.~Yt ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving an amendment to the 2004-2005 labor agreement with the Law Enforcement Labor Services, Inc. Local 225 911 Dis atchers . I. RECOMMENDED ACTION: By Motion: Adopt the resolution designating an increase in the City's contribution toward health insurance premiums and a 3% salary increase for the Law Enforcement Labor Services, Inc. Local 225. II. BACKGROUND City staff has completed labor negotiations with the Law Enforcement Labor Services, Inc. Local 225 (Union) for the contract re-openers (Article 17- Insurance and Article 18 -Salary Schedule) of its 2004-2005 contract, subject to Council approval. Local 225 represents nine 911 Dispatch employees in this unit. 0511 Police contract2004 The tentatively approved settlement includes the following changes: 1. Wades A 3% across-the-board wage increase, effective January 1, 2005. 2. Health Insurance An increase to the Employer health insurance contribution for contract year 2005 which provides full coverage to single Employee, $605 per month for Employee plus spouse or Employee plus child(ren) coverage, and $650 per month for Employee plus family. The Employer will also maintain its contribution of $27 per month for employee single dental coverage. 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 proposed settlement for the re-opener provisions is one of three union settlements for 2005 before the Council on December 14t" and is identical in wages and health insurance provisions to non-union City employees. The proposed settlement is also well within the range for other comparable 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 2005 wages and benefits, it is recommended that the City Council act on December 14, 2004 to adopt the attached resolution providing for contract changes, effective January 1, 2005. C. FINANCIAL • 3% wage increase (see attached salary schedule). • Up to a maximum $70 per employee increase in City's contribution towards health insurance coverage. 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 DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH INSURANCE PREMIUMS AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 225 WHEREAS, the City of Richfield and Law Enforcement Labor Services, Inc. Local 225 signed a bargaining agreement covering a two year period from January 1, 2004 through December 31, 2005; and WHEREAS, the labor agreement covers all terms and conditions of employment including the City contribution for health insurance benefits and salary schedule; and WHEREAS, Article 25 of the labor agreement provides for either party to amend the provisions in Article 17- Insurance and Article 18- Salary Schedule; and WHEREAS, the City has historically provided the same salary increase and level of health insurance contribution to all eligible City employees, both union and non-union; and WHEREAS, the City desires to maintain such a position of equity; and WHEREAS, the City Council is required to determine by resolution the City's contribution toward the premium for employee group insurance coverage and salary increases. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $605 per month for employee plus spouse or employee plus child(ren) health insurance coverage, and $650 per month for family health insurance, and in any event, said contributions shall not exceed the cost of single coverage for employees selecting that option. Such contributions shall be for coverage effective January 1, 2005. BE IT FURTHER RESOLVED that the City shall implement a salary schedule, effective January 1, 2005, which provides a 3% increase in wages. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: R~SOlutioIIs AGENDA ITEM # 17 REPORT # 234 ~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) No. 29 REPORT PREPARED BY: AND/oR RICHFIELD 2020 GOAL(S) NO NA PAM DMYTRENKO ASSISTANT TO THE CITY MGR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNATURE ~' ~e- ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving an amendment to the 2004-2005 labor agreement with the Police Su ervisors LELS Local 162. RECOMMENDED ACTION: By Motion: Adopt the resolution designating an increase in the City's contribution toward health insurance premiums and a 3% salary increase for Police Supervisors Local 162. II. BACKGROUND City staff has completed labor negotiations with the Police Supervisors LELS Local 162 (Union) for the contract re-openers (Article 17 -Insurance and Article 24 - Salary) of its 2004-2005 contract, subject to Council approval. LELS Local 162 ~~~~ represents Police Supervisors -which consists of 12 positions: 8 Sergeants, 3 Lieutenants and 1 Captain. 0511 Police contract2004 The tentatively approved settlement includes the following changes: 1. Wages A 3% across-the-board wage increase, effective January 1, 2005. 2. Health Insurance An increase to the Employer health insurance contribution for contract year 2005 which provides full coverage to single Employee, $605 per month for Employee plus spouse or Employee plus child(ren) coverage, and $650 per month for Employee plus family. The Employer will. also maintain its contribution of $27 per month for employee single dental coverage. 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 proposed settlement for the re-opener provisions is the first union settlement for 2005 and is identical in wages and health insurance provisions to non-union City employees. The proposed settlement is also well within the range for other comparable 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 2005 wages and benefits, it is recommended that the City Council act on December 14, 2004 to adopt the attached resolution providing for contract changes, effective January 1,.2005. C. FINANCIAL • 3% wage increase (see attached salary schedule). • Up to a maximum $70 per employee increase in City's contribution towards health insurance coverage. 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 DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH INSURANCE PREMIUMS AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE POLICE SUPERVISORS LOCAL 162 WHEREAS, the City of Richfield and Police Supervisors Local 162 signed a bargaining agreement covering a two year period from January 1, 2004 through December 31, 2005; and WHEREAS, the labor agreement covers all terms and conditions of employment including the City contribution for health insurance benefits and salary schedule; and WHEREAS, Article 26.2 of the labor agreement provides for either party to amend the provisions in Article 17 -Insurance and Article 24 -Salary; and WHEREAS, the City has historically provided the same salary increase and level of health insurance contribution to all eligible City employees, both union and non-union; and WHEREAS, the City desires to maintain such a position of equity; and WHEREAS, the City Council is required to determine by resolution the City's ,-~ contribution toward the premium for employee group insurance coverage and salary increases. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $605 per month for employee plus spouse or employee plus child(ren) health insurance coverage, and $650 per month for family health insurance, and in any event, said contributions shall not exceed the cost of single coverage for employees selecting that option. Such contributions shall be for coverage effective January 1, 2005. BE IT FURTHER RESOLVED that the City shall implement a salary schedule, effective January 1, 2005, which provides a 3% increase in wages. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Resolutions 16 233 Related to: CrrY COUNCIL GOAL(S) No. 33. 38 Arm/oR RICI~IELD 2020 GOAL(S) NO N/A REPORT PREPARED BY: BRUCE NORDQUIST, HOUSING AND REDEVELOPMENT MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ~- ITEM FOR COUNCIL CONSIDERATION: Consideration of moratorium on building expansion or new construction/development or other land use changes while studying and planning improvements to the intersection at 66th Street and Portland Avenue. I. RECOMMENDED ACTION: By Motion: Adopt a resolution establishing a one year moratorium on the development of certain properties at the intersections of 66th Street and Portland Avenue and directing that a planning study be conducted. II. BACKGROUND The City has monitored the intersection of 66th Street and Portland Avenue for over ~% 13 years for safety and congestion issues. Previously, the addition of protected left- turn lanes, and signal revisions that maximize traffic movements have been discussed. No physical changes have been made to the intersection yet. The results: 121404 Moratorium • Crashes vary on an annual basis, but continue to increase. • The crash rate is the highest in Hennepin County. • One-half of all crashes involve personal injury. It is proposed that a trafFc and planning study be conducted to address safety and congestion issues. The study will explore intersection and roadway design alternatives as well as adjacent land use implications. The study will last approximately one year. III. BASIS OF RECOMMENDATION A. POLICY • One of the City Council goals for 2004 is to initiate the process to make improvements at 66th Street and Portland Avenue and utilize available funding. • Congestion, crashes, and functional failure of the intersection is occurring on a regular basis. • Hennepin County has an interest in making improvements and has proposed committing $2 million. This County action is scheduled for later in December. • Improvements are included in the 2005 and 2006 Capital Improvement Budget for the City and County. • A moratorium is used by the City Council on those occasions when necessary controls are put in place while plans and land use implications are studied. B. CRITICAL ISSUES • $1.88 million of federal dollars received through the Metropolitan Council has been secured for this right-of--way improvement project. However, planning has to be completed in the next year or the funds will be lost. • Making improvements such as dedicated left turn lanes, removal of cut-through driveways, the addition of sufficient space for bus riders to safely wait, and safer pedestrian movements has proven successful in other city locations. • There is a concern that adjacent property owners will be impacted, and changes to land uses prior to the completion of a study would be detrimental C. FINANCIAL • Multiple funding sources are secured or anticipated. • The amount of local resources needed will continue to be studied based on the approved scope of the project. • Hennepin County recently committed $40,000-for the planning study. • Resources are lost if planning, project design, and the public review processes do not begin in a timely manner. D. LEGAL • Legal counsel has prepared the resolution. N. ALTERNATIVE RECOMMENDATION(S~ • Do nothing, allowing the intersection to remain a safety and congestion concern. Physical changes to the intersection are required to improve the safety and function. V. ATTACHMENTS • Resolution • Exhibit A, 66th Street and Portland Avenue Proposed Moratorium Area VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. A RESOLUTION ESTABLISHING A ONE YEAR MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTIES AT THE INTERSECTION OF 66TH STREET AND PORTLAND AVENUE AND DIRECTING .THAT A PLANNING STUDY BE CONDUCTED WHEREAS, the intersection of 66th Street and Portland Avenue in the City of Richfield is rated first in Hennepin County's crash ranking of all suburban intersections in Hennepin County, based on the rate of vehicular accidents, the number of vehicular accidents, and the severity cost of vehicular accidents that have occurred at that intersection over the past three years; and WHEREAS, the City has included the reconstruction of the 66th Street and Portland Avenue intersection in its 2001-2005 Capital Improvement Program; and WHEREAS, the City has qualified for a grant of $1.8 million in federal funds, to be administered through the Metropolitan Council, for the reconstruction of the intersection; and WHEREAS, a condition of the grant of funds is that the contract for reconstruction be let by no later than September 30, 2006; and WHEREAS, the reconstruction of the 66th Street and Portland Avenue intersection will require additional right of way from one or more properties abutting that intersection, and the taking of that right of way will result in remnant parcels; and WHEREAS, the City Council has determined a need to undertake a study to determine the appropriate land uses for the land in the immediate vicinity of the intersection, including but not limited to the appropriate integration of land uses and transportation infrastructure; and WHEREAS, upon completion of the study, the City Council, together with such city commissions as the City Council deems appropriate or as may be required by law, will consider the advisability of amending certain official controls, which may include the City's comprehensive plan, zoning ordinance, capital improvement program or other official controls; and WHEREAS, in order to protect the planning process, the City Council has determined that no development or other land use .changes should occur until the study process is complete; and WHEREAS, Minnesota Statutes, Section 462.355, subdivision 4 allows the City to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. 121404 Moratorium NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The City Council finds that it is necessary to conduct planning studies to determine the appropriate land use controls that should apply to properties in the vicinity of the intersection of 66th Street and Portland Avenue. The purpose of the studies includes, but is not limited to, determining the appropriate land use and development standards that should apply to such property and determining the appropriate changes, if any, that should be made to the City's official land use controls, including but not limited to the City's Zoning Ordinance, Comprehensive Plan, and Capital Improvement Program. 2. The City Council finds that there is a need to adopt a moratorium ordinance for a portion of the City ("Moratorium Area"), while the studies referenced in Paragraph 1 of this resolution are being conducted. The Moratorium Area includes those properties ident~ed and shown in the attached Exhibit A. 3. The City Council finds that this moratorium should apply to all land use and traffic- related applications affecting properties within the Moratorium Area, including, but not necessarily limited to, requests for rezoning, subdivisions, variances, conditional uses, site plan review, changes in curb cut location, and off-street parking, as well as building permits for the expansion of any existing use or the establishment of a different use than the existing use. 4. A study is authorized to be conducted by City staff, to be followed by consideration of potential changes to the city's official land use controls by the City Council and such other commissions of the City as required by law or as directed by the City Council. 5. Pending completion of the study and adoption of any amendments to the City's official controls, a moratorium is established on the issuance of City approvals for the properties in the Moratorium Area, as provided in this paragraph. No building permit may be issued for the expansion of any existing use in the Moratorium Area or for the establishment of a different use than the existing use; however, building permits may be issued for routine maintenance or routine repairs of an existing use that do not constitute an expansion or a change in use. No applications for any of the following approvals may be granted or processed during the period of the moratorium: rezoning, comprehensive land use plan amendment, subdivision or consolidation approval, variances, conditional use permits, site plan approval, changes in curb cut location, oroff-street parking permits. 6. During the period of the moratorium, applications for any such approvals related to property in the Moratorium Area shall not be accepted by the City nor shall the Planning Commission or City Council consider or grant approval of any such application, except after approval of the City Council as provided in paragraph 8 of this resolution. 7. The moratorium established by this resolution shall not apply to any application for subdivision or consolidation that has received preliminary plat approval prior to the adoption of this resolution. 2 8. The City Council may approve exceptions to this moratorium for an application if the City Council, in its sole discretion, determines that the approval being sought will not interfere with the purposes for which this moratorium was adopted. 9. Unless earlier repealed by the City Council, -the moratorium established under this resolution shall remain in effect for a period of one year after its effective date. 10. Adopted by the City Council of the City of Richfield, Minnesota this 14 day of December, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy C. Gibbs, City Clerk 3 EXHIBIT A 66th & Portland Proposed 200 400 600 800 Feet is\gis\community development\staff\bill\projects\66 & Portland aerial.apr N E 4 11~ Moratorium Area AGENDA SECTION: AGENDA ITEM # REPORT $~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Resolutions 15 232 Related to: CITY COUNCII. GOAL(S) No. N/A REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIIZECTOR REVIEW: REVIEWED BY CITY MANAGER: aND/oR RICHFIELD 2020 GOAL(S) NO 3,19 CHRISTINE COSTELLO, PLANNING & ZONING ADMINISTRATOR NAME, TITLE NAME, Trrr,E S/GNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a subdivision waiver for 6305 Du ont Avenue. I. RECOMMENDED ACTION: By motion: Adopt the attached resolution approving the subdivision waiver for 6305 Du ont Avenue. II. BACKGROUND • The applicant, Mr. Joel Larson, is seeking to divide his property at 6305 Dupont Avenue into two parcels. Currently, a house sits on the. north half of this property and the south half is vacant. • If split, both parcels will meet minimum City requirements for lot area, width, and depth. These requirements can be met since each of the lots were lots of record on or before June 1, 1995. There is a grandfather clause in the "R" 121404-SubdivisionWaiver-6305Du Pont-withPCopinion.doc zoning district requirements that allows for this as long as the width is not less than 40 feet and the lot contains at least 5,000 sq. ft. • The applicant proposes to build a new single family residence on the vacant lot that will meet all current zoning ordinance requirements. • In May 2002 the residents of the 6300 blocks of Colfax and Dupont Avenues submitted a petition requesting vacation of an unconstructed north-south alley between Colfax and Dupont Avenues. • The alley was not improved so there was no pavement or vehicular access, rather there was an alley easement at the rear of the adjoining properties. In vacating the alley, it was converted from public to private land, with half of the. alley going to adjacent property owners. • The petition for vacation of the north-south alley was approved by the City Council on June 25, 2002, with a vote of 5-0. • The request for a subdivision waiver was presented to the November 9, 2004, City Council meeting. However, due to concerns from neighbors expressed prior to the meeting, the request for the subdivision waiver was referred to the Planning Commission for an advisory opinion. III. BASIS OF RECOMMENDATION A. POLICY • Approval of the subdivision waiver would not interfere with the purposes of platting regulations, Section 500.05. • Compliance with the regular platting requirements of Section 500.05, Subdivision 1 of the City Code would result in an unnecessary hardship. B. CIUTICAL ISSUES • Approval of the subdivision waiver will create two parcels that meet minimum City requirements for lot area, width and depth. • The minimum lot width in the R district is 50 ft. and the minimum lot area is 6,700 sq. ft. But if it is a lot of record on or before June 1, 1995, then the lot can be split if it is at least 40 ft. in width and contain at least 5,000 sq. ft. in area. • Parcel A will be 40 ft. wide, 135 ft. deep and include an area of 5,400 sq. ft. This parcel will have the existing house on it. • Parcel B will be 40 ft. wide, 135 ft. deep and include an area of 5,400 sq. ft. This parcel will have a new house constructed on it. • Both Parcel A and B do not meet the current standard for lot width of 50 feet and lot area of 6,700 sq. ft. The lot was a lot of record on or before June 1, 1995, and as long as the lot width is not less than 40 ft. and the lot area is at least 5,000 sq. ft they are allowed.. Both of the proposed lots meet this requirement. • The driveway access for the existing garage will require an easement over the proposed lot to the south. • The proposed driveway easement will be 11 ft. over the proposed new lot. The easement shall include 10 feet width of driveway and 1 foot of green space that will provide a buffer to the property to the east. This easement will not impede the rear yard of the proposed house, which will still have approximately 25 ft. of green area. • The petitioner will be required to record the easement against both lots to ensure that there always remains access to the existing garage on the north lot. C. FINANCIAL • N/A D. LEGAL • N/A N. PREVIOUS COMMISSION ACTION • Date of Action: November 22, 2004 • Subject of Vote: Recommendation of a subdivision waiver at 6305 DuPont Avenue. • Vote: 8-0 with stipulations: 1. The driveway access for the existing garage will be 1 foot off of the rear property line on Parcel B. 2. The driveway access for the existing garage will be 10 feet wide over Parcel B. 3. An 11-foot easement must be recorded over both Parcel A and B for driveway access. 4. The proposed garage for Parcel 6 will be reduced to 22x20. • Comments: Concerns from residents in attendance at the meeting included: • The yard area is too small to be used for snow storage. • The driveway for the existing garage will not allow a car to turn around and exit in a forward manner. • The 13-foot driveway for the proposed garage is not long enough to allow a car to park on the driveway without encroaching in the alley. The Planning Commission, applicant, and the residents discussed the location for snow storage and concluded that the area behind the existing garage on Parcel A was appropriate. The residents also stated that they did not want to see the snow pushed into any of the neighboring yards. The Planning Commission agreed with both issues. In terms of the driveway to the existing garage and not being able to pull out in a forward manner the applicant demonstrated to the neighbors that you could maneuver in the proposed driveway to exit in a forward manner. There wasn't any additional comments made in regards to this issue. Finally in regards to the size of the proposed driveway on Parcel B the applicant is willing to reduce the size of the proposed garage to 22x20 to provide a longer driveway, and prevent any cars from encroaching into the existing alley to the south. The Planning Commission and residents were agreeable with this action. The residents who attended the meeting were satisfied with the stipulations. They believed that having a house there would be an appropriate addition to the neighborhood. Staff received only one call from a neighbor who was planning to attend the meeting and did; otherwise no additional calls were received about the request for the subdivision waiver. • Public Notice: Planning Commission -Not required City Council -Not required Mailed Notices: Sent to properties within the surrounding 350 feet. (22 single- family residential. properties, 1two-family residential property, and 1 multi- residential property where sent mailed notices) • 60 Day Clock: Start: October 27, 2004 Extension Received: N/A Deadline: December 25, 2004 V. ALTERNATIVE RECOMMENDATION(S~ • Deny this subdivision waiver if a finding of fact determines that the proposal would have an adverse impact on adjacent properties. VI. ATTACHMENTS • Resolution • Zoning Map • Land Use Map • Location of approved alley vacation • Survey of proposed subdivision • Pictures VII. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Joel Larson., applicant RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER 6305 DUPONT AVENUE WHEREAS, an application has been filed with the City of Richfield (the "City") which requests approval of a subdivision waiver for the division of certain parcels of land located at 6305 DuPont Avenue, legally described as: LOTS 11 AND 12 INCLUDING ADJACENT 1/2 OF VACATED ALLEY. WHEREAS, the proposed division of land for which the subdivision waiver is sought is legally described as: Parcel A: Lot 12 and the adjoining one half of alley, Ray's Lynnhurst 2"d Addition, Hennepin County, Minnesota. Parcel B: Lot 11 and the adjoining one half of alley, Ray's Lynnhurst 2"d Addition, Hennepin County, Minnesota. WHEREAS,-the resulting parcels A and B will comply with Section 521.09 of the City Code relating to lot area and width; and WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted; and 2. Future transfers of any of the Subject Property may be by parcel or parcels as described above as Parcel A and Parcel B; and 3. City staff is authorized and directed to take any action necessary to effectuate this resolution and to authorize the recording of conveyances complying with the terms of this resolution. 4. The driveway access for the existing garage will be 1 foot off of the rear property line on Parcel B. 121404-SubdivisionWaiver-6305DuPont-withPCopinion.doc 5. The driveway access for the existing garage will be 10 feet wide over Parcel B. 6. An 11-foot easement must be recorded over both Parcel A and B for driveway access and a copy of the recorded easement will be on file at City Hall. 7. The proposed garage for Parcel B will be reduced to 22x20 Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 2 SUBDIVISION WAIVER REQUEST FOR 6305 DUPONT AVENUE DECEMBER 14, 2004 ~I ZONING OF PROPERTIES WITHIN 350 FEET M ZONING SYMBOLS R =SINGLE FAMILY RESIDENTIAL MR-1 =TWO FAMILY RESIDENTIAL MR-3 = MULTI .FAMILY RESIDENTIAL -HIGH DENSITY N 100 0 100 200 300 400 500 600 700 Feet 12-2-04 lgis\comdevlstafflbill\projects\6305 dupont 350,r.apr . 3 SUBDIVISION WAIVER REQUEST FOR.6305 DUPONT AVENUE DECEMBER 14, 2004 LAND USES OF PROPERTIES WITHtN 350 FEET w RES Sys Q RES. RES ~ RES RES Z O RES RES a w RES ~ LLI LLI a ~ a a -RES F- _ ~ Z U Q ~~ 0 63RD STS ~ ~ w RE RES ~ RES RES m ~ Q 6305 RES ~/~DPLX RES RES Q Z . A IlT //~ ~ ~ i. ~~ iw IA .~ A M Q Z O N W W / / ~~/ LAND USE SYMBOLS RES =SINGLE FAMILY RESIDENTIAL DPLX =TWO FAMILY RESIDENTIAL APT _ APARTMENT BUILDING N PUB =PUBLIC 100 0 100 200 300 400 500 600 700 800 Feef 12-2-04 Lois\comdev\staft\bill\projects\6305 dupont 350,r.apr LOCATION OF APPROVED ALLEY VACATION •.v`riv ... ~''• •' ' 63RD ST. -.... ~AV: •. µrv~`::~~:::~i..: ..~:.::.::...:~: >~ "'-" '~~\4: yvC~{';~: ti 1iuiF `~ ~ :{:i v::h~':riv •}~ ~}~v' (:::.i:• •• •....:: . env $:..,:v ~F~~`S:.'...... Q :..:.~.v.:::.,... :.:-:..::.: :v:: v.h:.:t:•i.Eti:} :: ...:::.•S:.r~4: z .t:~.::,...: 63 $ .4 ~~.. \ t 4 } \ ~ :~x iL ::<,": >: i:'•'+iiii':i:::{.v+.ti is}?:>.•iiti`4:<r :'{'::;~:L ii:\ '+{fii'i~::?:•i::. ::iti:i'i':i'v~:•$ii:: ::+fC;.• .:. .n , ......::•:::. ~:::.v..•.. :. :.h:~in•<•:v:•:t: N•i'•i v: \v{:L>.t::L:" x5.:i? j: ~•':4k.•.. ~~•~ ::: tii' ::: tii< '~:;}C,'.tii;':y:;:::YV ~i :}:ii::?:'r:Lt::J: :: \<:'C~ ...... v:: v:: v: a•..v, .......... .. :?~i~:: .:xx.::v.: •:'::C; v: ..v}'.•..~ v:2di:•ii.: ::non ~:n ::. .. v. ~.v -iif Ci:\v:?v. :$i4:Yi:~`t ~:i:?~::fv:::::i:::: nv: :•: tiiiri:i:??ri4: :.v:n{n:`ti3 •iiiii}: iv........: ................... 'F.4.'•::i:::!+{:y!i'i:: x:+':i :$;iri,. •,: 1 oos ~• i :.:~:..:. 1020 MILDRFD p R. 'I VACATED ALLEY' ~.",} S0 0 50 100 150 Feet ' ilgis7cdistaff16ii1/prajactrJa11ey63COw_du.apr 5 Q K p d ~ $ ~--. ~ 1 ~ a o ®~ ~ dt7dd. 000 ZZ~z O.OOp O O O H H H y 'l,~ cvrO ~Cr~D ~~6 t ~~6 ddd ~tMi~cntMn ~~ ~~ ~ ~ I ~ Nay d~b~ r-i'~~ ~~r~-r' ~ ~ ~t-'- ; ~,~ Htrl~ OOtr]O , ..~ ~ i .j ,u, ...,_._,_.,_ '~ ~ O Z to t7 i ° 4 ~ q ~ 7y 7d ~ ~ ,'D ~ .,~~ ~~1 •'~~ rp~ ~^~~ `fit '~O . -,1~1, ,~-~ , 3 ~ ^°,3~.Z' IrTJ ~ ~ O o p ~ -_~ O ~~~.9 z z y ~ -- • ~ 4Q'~CJIi ~ r#- ~ ' 40.00 .r a aQ'R .... Q ~Y O ' :E : I "~l ~~~P~~ ~~u ~' ~ ~~~ P ~ ~ ~.. ~ ~ ''~• u N ~ -0. .a o ~ ~ ~ ~ j r cy o2.3) ~ ' C/~ ~ ~ ~ ~-, I ~._ ~ ° PORCH 'O ~ ~ •'•~ ,~ ~ . • ~~17..7~ !~ ~ ~ O 7.0 28.0 5.0 ,,~~~, • ~ ~,' `., : •12.4. ' ~j( -P ~ ~ p `ti 'tf~. ~ N ° iv~,•ti '~ ti U ;AIL ,'•. ,.~ ~ „ o ~ - -~ I ~. •:. ~ V ~ do N w .~,, .~.•~ ~\`•., ~~~~.~~ ; ~ ° , ~, ~. ~ ~ ~ n I ~ i~ , `. .30.2. ~. L, ~' °~ ~ Z~ ~~ W ~~ ~ ~ ~ ~ ` ' .~ s.°• _ .~. _. ~~ a ~- ~ . v ~ ~ I ' r- ,-ti • (rJ I ~ --~ W ~ ~ ~ ~ ~.. ~ aA .~ II ~ ~ rn 0 Or ~ I ...~ ..r.. ED •~--1-• ° ~ .~'~y `rte` a w o -.• ~ ~ ~ I +T ~~~ ~ (102.3) ~1 ~ I ,`r ` .D,X.,'..'L• ~. w ~~. ~ ~~r ~ ' ;~ ~ f -', ed 'brr~r~~ ~ ~~ ~ ~a~ a~ ~o°y~~,~ a~ ~ ~e~ ---3 ~ r~Y x~dz~n r, a ~~~ pO~-C N~ ~~rvd ~p~ Y~NO,~ OO ,~~ a y~~ o ~d `~ ~O~d.~~~ZO ~ K~R; Hy ' ~ ~ i~ cn ~ ~ t~T1t~~~HO~~Z ~~~;~~ O~~ ~~., b ~ ~ ,~. ~ y ~ ~ O ~~~1 + rte., ~ ~ ~. ~ ~• ~-,-~ E~ ~~ y~ nR.~ x r. Z aS~~-3 Orb ~ ~q ~p~ ~ ~ Z o ~Otzi~ O ~ P°;~"~~ O~ `~°, Z`~~ Z .. o ~ ~ ~ ~ N ~ ~ ~ r~r/ .p Additional Attachment to Staff Report for 6305 DuPont -Subdivision Waiver ~. - r _ _ •°,-- - =s7it~.. .t ~ .~ ~. ~. ~r1-y:.. I ate' "` ~, I What was approved at the Planning Commission on November 22, 2004 "~ ~ ~ ~ - _ ~~~ _ _ _ -~. ~., M~ t~? ~ x,13, _ .,~ . -- ., ,. , - . r :R.... . ~ - ° ~ ~ ~ - ~- ~"~;~ ~. drf _ "'t r ~ .- w~ . ,1 ~ ~ o f. a a r' •. ~s .. . 3*d,`~ r ~ -" < .t >r~, s -tom . Y a .u~'~~,rrr~+~,i. This is the approach for the property at 6308 Colfax, which is directly behind the property applying for the subdivision waiver. There is concern that with the proposed driveway for the existing garage at 6305 DuPont will not be able to make the approach with the proposed design as shown on the site plan. An approach such is this is not required as part of the building permit. 2 .~ -yam:..-- a .__ x" ~~ s.~.. ,~..., , 4 _~ ~ ^ . - .. Y° af" t ~ i`~., '' C Y A Yf' .. Y&".':. ~ _. Concern that if you are coming down the alley from the east you will not be able to pull into the driveway without hitting the neighbors' chainlink fence since an approach will not fit on that side as illustrated above. 3 ~~~ . ~ ~, - -,_~ ~. ., ~. ~x :... s ~ i" Ir~~"s r { 6~ ~r } ~ s ,.F , e ~,_~, ~ _ gym, , I a+ ~ a ~a e~:~ k~~r . ~ _- A neighbor is still concerned that there is not enough space with the existing garage to maneuver a vehicle and exit in a forward manner. Possible driveway extension would allow someone to exit in a forward manner. 4 `~ AGENDA SECTION: prop. Ordinance AGENDA ITEM # 1/~. REPORT # 231 STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOALS) NO REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: N/A aND/oR RICHFIELD 2020 GOAL(S) NO N/A BETSY OSBORN, ADMINISTRATNE SUPPORT SERVICES MANAGER NAME, TITLE SIGNATURE ITEM .FOR COUNCIL CONSIDERATION: Second reading of an amendment to section 1186 of the City Code, striking all references to awnbrokers, as the were se arated into a new awnbroker section 1187 at an earlier time. I. RECOMMENDED ACTION: Conduct Second reading and by motion: • Approve an amendment to section 1186 of the City Code, striking all references to pawnbrokers, as they were separated into a new .pawnbroker section 1187 at an earlier time. II. BACKGROUND On February 23, 1998, the City Council approved a first reading of a new ordinance, Section 1187, regulating and licensing pawnbroker businesses in the City of Richfield. On March 23, 1998, the City Council approved the second reading. It should be noted that at that time, all references to pawnbrokers were contained in section 1186. Section 1186 should have been amended to delete any references to pawnbrokers as it was covered in the new section 1187. This did not occur. 1214 Second Read Amended Pawnbroker Ordinance Therefore, it is necessary to repeal all references to pawnbrokers in section 1186 so that there are not two separate pawnbroker sections in the City Code. First reading of this ordinance amendment occurred on October 26, 2004. Second reading and final approval of the ordinance amendment are presented at this time. III. BASIS OF RECOMMENDATION A. POLICY • It was merely an oversight leaving the references to pawnbrokers in section 1186. B. CRITICAL ISSUES • Leaving the references to pawnbrokers in section 1186 could cause confusion if the new section is updated and the old section is not updated. • Having two sections to update defeats the purpose of having a separate section dealing with pawnbroker licenses only. C. FINANCIAL • N/A D. LEGAL • Part of the old section 1186 must be repealed so that there aren't two sections relating to Pawnbrokers. The remainder of section 1186 will be pertinent only to Secondhand Goods: Dealers licenses and should remain. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide not to repeal the pawnbroker references in section 1186, which would mean that there are two sections pertaining to pawnbrokers. V. ATTACHMENTS • Section 1186 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 2 BILL NO. AN ORDINANCE RELATING TO PAWNBROKERS AND SECONDHAND GOODS DEALERS; REMOVING OBSOLETE PAWNBROKER REGULATIONS FROM THE SECONDHAND GOODS DEALER REGULATIONS; EXEMPTING CERTAIN SALES FROM SECONDHAND GOODS DEALER LICENSE REQUIREMENTS; ASSIGNING ADMINISTRATIVE DUTIES TO THE PUBLIC SAFETY DIRECTOR; MAKING APPLICATION FEES NONREFUNDABLE; ELIMINATING THE PUBLIC HEARING REQUIREMENT ON SECONDHAND GOODS DEALER LICENSES; REQURING AUTOMATED REPORTING FOR SECONDHAND GOODS DEALER TRANSACTIONS; AMENDING SUBSECTIONS 1186.01, 1186.03, 1186.05, 1186.07, 1186.09, 1186.11, 1186.15, 1186.17, 186.19, 1186.21, 1186.23, 1186.25, 1186.27, 1186.29, 1186.31, 1186.35 AN D 1186.37 OF THE RICHFIELD CITY CODE; REPEALING SUBSECTIONS 1186.13 AND 1186.33 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The section heading for Section 1186 of the Richfield City Code is amended to read as follows: Section 1186 - p~~•T-~,~,,;^~~°~a Ssecondhand goods dealers Sec. 2. Subsection 1186.01 is amended to read as follows: 1186.01. Definitions. For- purposes of this section the terms defined in this subsection have the meanings given them. '1 °D•+~ein hn+L ° ~ r,orcnn ~e ih.~, Ir»nc mnncv nn rl or~nci+ nr V r ~ i•~ I i i •. 8 , l h 10 +h ~ r, n r- ~ - n-T~° - "c v~ e Y~°T-P crc y ~ v~ ttt ~ ~ r r r ~J ~ c vr ~ +heror~f cn rr~nrFn~rvo rJ ~1. "Secondhand goods dealer" means a person engaged in the business of selling or receiving .tangible personal property (excluding motor vehicles) previously used, rented, owned or leased. Sec. 3. Subsection 1186.03, subdivision 1 of the Richfield City Code is amended by adding a new clause (j) as follows: 1214 Second Read Amended Pawnbroker Ordinance (j) Any reportable transactions governed by section 1187 of this code and made by a licensed pawnbroker. Sec. 4. Subsection 1186.05, subdivision 2 of the Richfield City Code is repealted . in its entirety. amended to read as follows: Sec. 5. Subsection 1186.07 of the Richfield City Code is amended by repealing subdivision 2 of that subsection. Sec. 6. Subsection 1186.09 of the Richfield City Code is amended to read as follows: 1186.09. Bond. A secondhand goods dealer license will not be issued unless the applicant files, with the director or public safety or their designee si#~-sle~l~ a bond with corporate surety in the amount of $1,500. The surety bond shall be approved by the city attorney as to form and execution and deposited with the director of public safety or their designee si#~-sler~. The bond shall be kept in full force and in effect throughout the license period and shall be conditioned as follows: (a) the licensee shall obey the laws relating to the licensed business; (b) the licensee shall pay to the city, when due, all .taxes, license fees, penalties and other charges provided. by law; and (c) in the event of violation of any law relating to the business for which the license has been granted, the bond shall be forfeited to the city. Sec. 7. Subsection 1186.11 of the Richfield City Code is amended to read as follows: 1186.11. Investigations.. Subdivision 1. Prior to the granting of an initial or renewed secondhand .goods dealer license the Department of Public Safety must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The investigation shall be conducted by the Department of Public Safety and the results reported to the city council Subd. 2. Background Investigation fee. The. fee charged by the director of public safety or their designee "'+~-o:~k to an applicant for .the costs of investigation is set by appendix D and is not refundable. .Sec. 8. Section. 1186 of the Richfield City Code is amended by repealing subsection 1186.13 in its entirety. 2 Sec. 9. Subsection 1186.15 of the Richfield City Code is amended to read as follows: 1186.15. Granting of license. After review of the license application; and background investigation report aad-p ,the city council may grant or refuse, for one or more of the reasons set forth in section 1186.19, the application for a new or renewed secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the director of public safety or their designee. s'+~. Sec. 10. Subsection 1186.17 of the Richfield City Code is amended to read as follows: 1186.17. Persons ineligible for license. Subdivision 1. A secondhand goods dealer license will not be issued to: (a) a person not a citizen of the United States or a resident alien; (b) a person under 21 years of age; (c) a person who has been convicted of any state or federal law relating to receiving stolen property, sale of stolen. property or controlled substance, burglary, robbery, theft, damage or trespass to property, .operation of a business, or any law or ordinance regulating the business of pawnbroker or secondhand goods dealer; (d) a person who within five years of the license application date had a pawnbroker or secondhand goods dealer license revoked; (e) a person whom the city council determines not to be of sufficient good moral character and repute. Subd. 2. A pew~rbfek~r-e~ secondhand goods. dealer license will not be issued to any partnership or corporation if such applicant had a partner, managing partner, manager, proprietor, or agent who do not meet the standards set forth in subd. 1. (a)-(e) of this section. Sec. 11. Subsection. 1186.19, clause (d) of the Richfield City Code is amended to read as follows: (d) the applicant or licensee has failed to comply with one or more provisions of this section or any statute, rule or ordinance pertaining to the businesses of secondhand goods dealer; Sec. 12. Subsection 1186.21 of the Richfield City Code is amended to read as follows: 3 1186.21. License limitations. A license will be issued to the applicant only a~-ee-ly for the business premises as described in the application. The license is effective only for the premises specified in the approved license application. Sec. 13. Subsection 1186.23, subdivision 1 of the Richfield City Code is amended to read as follows: 1186.23. Records. Subdivision 1. A licensed secondhand goods dealer a~ at the time of receipt of an item, must immediately record the following information, using the APS reporting system: (a) an accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; (b) the purchase price; (c) .date, time and place of receipt; (d) name, address, phone number and date of birth of the person from whom the item was received; (e) the identification number.. from any of the following .forms of identification of the seller: (1) valid picture driver's license; (2) official state picture identification. (f) an original signature (not a copy). of the person .from whom the item was received. Sec. 14. Subsection 1186.25, subdivision 1 of the Richfield City Code is amended to read as follows: 1186.25. Daily reports. Subdivision 1. For the following items, regardless of resale price, a secondhand goods dealer must complete the APS reporting system ror+'+r4 f'~rme ~r~i-1 c.enrl ~hc f„r„,~ ,,,, .~e,„~~.~ to the Department of Public Safety: (a) items with a serial number, "operation identification" symbol or number, or other identification number; (b) cameras; 4 (c) electronic equipment, including but not limited to audio equipment, video equipment, computers and computer related equipment; (d) precious jewelry or gems, and precious metals, (including precious scrap metals); (e) artist-signed orartist-attributed works of art; (f) guns; and (g) items not included in the above, except furniture and kitchen or laundry appliances, which the secondhand goods dealer intends to sell for more than $200. Sec. 15. Subsection 1186.27 of the Richfield City Code is amended to read as follows: 1186.27. Stolen goods. A licensed ~awr~eke~-er secondhand goods dealer must report to the police any article ~~ec~ged-ef received, or sought to be peg er received, if the licensee has reason to believe that the article was stolen or lost. Sec. 16. Subsection 1186.29 of the Richfield City Code is amended to read as follows: 1186.29. Holding. An item received by a secondhand goods dealer e~ ,for which a report to the police is required, may not be sold or otherwise transferred or, in the case of jewelry and precious metals, melted down or dismantled for a period of 30 days after the date of such report to the police. ~wev rli.,irl~ ~.~~ mw rorloom ~n i~ow, r~..uir~orl 77 h.~,~ ~r ~+#or +h , Sec. 17. Subsection 1186.31 of the Richfield City Code is amended to read as follows: 1186.31. Receipt. Subdivision 1. A licensed secondhand goods dealer er paw~ekea: must provide a receipt to the seller or consignor of any items which includes: (a) the address and. phone number of the licensee's business; (b) the date; (c) a description of the item purchased; and (d) the purchaser's signature. 5 Sec. 18. Section 1186 of the Richfield City Code is amended by repealing subsection 1186.33 in its entirety. Sec. 19. Subsection 1186.35 of the Richfield City Code is amended to read as follows: 1186.35. Police orders. If a police officer notifies a dealer not to sell an item, the item may not be sold, r°~'°°m°-~, or removed from the licensed premises until authorized to be released by the Richfield Department of Public Safety. Sec. 20. Subsection 1186.37 of the Richfield City Code is amended to read as follows: 1186.37. Prohibited acts. Subdivision 1. Minimum aqe. A person under the age of 21 years may not sell or consign, or attempt to sell or consign, goods with a secondhand goods dealer A secondhand goods dealer er pawab~elEe~ may not purchase or receive goods from a person under 21 years of age. Subd. 2. Others. A secondhand goods dealer may not receive any goods from a person of unsound mind or an intoxicated person. Subd. 3. Identification. A secondhand goods dealer e~-paw~r-elver may not receive goods, unless the seller presents identification in the form of a valid picture driver's license or official state photo identification. Sec. 21. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted this 14t" day of December, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy C. Gibbs, City Clerk 6 RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTION 1186 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO PAWNBROKERS AND SECONDHAND GOODS DEALERS. WHEREAS, the City has adopted the above referenced amendment to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE AMENDMENT TO SECTION 1186 -PAWNBROKERS AND SECONDHAND GOODS DEALERS OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of this ordinance is to obtain an annual license to engage in the business of secondhand goods dealers, establishes licensing procedures and provides for a licensing fee. In 1998, a new section 1187 was established to regulate pawnbrokers and this ordinance amendment is to strike, within section 1186, all references to pawnbrokers as it is addressed in the newer section 1187. Copies of the ordinance are available for public inspection in the- Public Safety Department during normal business hours or upon request by calling Betsy Osborn at (612) 861-9881. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 7 AGENDA SECTION: public H@$r1IIgS AGENDA ITEM # j3A REPORT # 229 ~- STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S~ NO. N /A AND/OR RICHFIELD 2020 GOAL(S~ NO< N /A REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATNE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~~ (~6 SIGNATURE REVIEWED BY CITY MANAGER: ~ ` ITEM-FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2005 pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc., 7529 L ndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2005 pawnbroker and secondhand goods dealer Licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. II. BACKGROUND On November 29, 2004, the City received the renewal application and other required documents for pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. The applicant has paid the required license fees. 1214 PH Metro Pawn Gun Licenses Renewal 1. Mark Nichols is the owner of this establishment; James Thomas Blanche is the General manager; and John Alan Kunst is the acting Manager. None of these individuals has any known criminal record. 2. The $1500 bond has been submitted. There were 19 Public Safety contacts with Metro Pawn & Gun, Inc., from October 2003 through September 2004. This compares with 18 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff have received no complaints regarding Metro Pawn & Gun, Inc. 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 December 2, 2004. 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 IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could decide to continue the hearing. However, if the hearing is continued beyond January 1, 2005, the Council should consider the granting of 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 Nichols, Owner • James Thomas Blanche, General Manager Metro Pawn & Gun, Inc. Officers Mark Nichols Owner James Thomas Blanche General Manager John Alan Kunst Store Manager PUBLIC SAFETY CONTACTS October 2003 -September 2004 Metro Pawn & Gun, Inc. 2003 2004 TOTAL CONTACTS 18 19 CRIMINAL CONTACTS 16 14 Incidents (see bottom of page for specifics) (12) (3) Alarm (4) (11) MISC. NON-CRIMINAL 2 5 Assists (0) (5) Traffic (1) (1) Inspections/Licensing (1) (1) Medical/Fire (0) (0) The criminal contacts from October 2003 through September 2004 were: 1 disorderly conduct and 2 recovered property. ` (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: public Hearings AGENDA ITEM # 120 REPORT # 228 J STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) NO. REPORT PREPARED BY: AND/oR RICI-R'IELD 2020 GOAL(s) No BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ® n ,~j ~ SIGNATURE LiG.I , ^ _... ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2005 on-sale wine and 3.2 percent malt liquor licenses, including the outside service of wine/3.2 beer and food for Chipotle Mexican Grill of Colorado, LLC, 7644 L ndale Avenue South, Richfield, MN. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2005 on-sale wine and 3.2 percent malt liquor licenses, for Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue South, and • A prove the outside service of wine/3.2 beer and food. II. BACKGROUND On December 1, 2004, the City received the renewal application and other required documents for on-sale wine and 3.2 percent malt liquor licenses, including the outside service of wine/3.2 beer and food for Chipotle Mexican Grill of Colorado, LLC. , 7644 Lyndale Avenue South. 1214 PH Chipotle Mexican Grill Liquor Licenses Renewal The Public Safety background investigation has been completed. The applicant has satisfied all objective criteria for eligibility under state and local ordinances. The following requirements for license issuance have all been satisfied: 1. The corporate structure of the organization remains unchanged: Chipotle Mexican Grill,- Inc. is the owner of Chipotle Mexican Grill of Colordao, LLC. Major shareholder is McDonalds Corporation. Shareholder/managers are Matthew Steven Ells and Kevin Michael Reddy. The General Manager is Christopher James Bores. None of these individuals has known criminal records. 2. The applicant has paid the required licensing fees. 3. The applicant has complied with all of the procedures/criteria required for outside service for wine/3.2 beer and food. They have been approved for twenty-six outside. seats. 4. The required proof of liquor liability insurance coverage has been received showing RSUI Indemnity Company affording the coverage. 5. Proof of workers' compensation insurance has also been supplied. 6. The property is owned by Lyndale Gateway, LLC., 7300 Metro Blvd., Suite 585, Minneapolis, MN 55439, and the real estate property taxes are paid and current. 7. The lease between the applicant and the property owner, Lyndale Gateway, LLC, continues to be in effect with all payments current. 8. As this business was just licensed in November 2004, there is no accountant's statement. regarding food and liquor sales and no unpaid general sales and withholding taxes. Public Safety had three contacts. with Chipotle Mexican Grill during. the first week of opening their business. All three contacts were alarm calls. One call was cancelled and one was due to a system problem. Only one alarm call was billed. There have been no calls to the Environmental Health staff during the time period they have been in business. On-sale wine and 3.2 percent malt IiquorJicenses 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 December 2, 2004. Chipotle Mexican Grill of Colorado has received no violations for the sale of alcohol to underage youth. III. BASIS OF RECOMMENDATION A. POLICI' • 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, including outside service of wine/3.2 beer and food. • 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. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATNE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2005, the Council should consider the granting of a 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 • Christopher James Bores, General Manager Chipotle Mexican Grill of Colorado, LLC Directors and Officers Matthew Steven Ells Shareholder/manager Kevin Michael Reddy Shareholder/manager Christopher James Bores General Manager PUBLIC SAFETY CONTACTS NOVEMBER 2004 Chipotle Mexican Grill of Colorado, LLC TOTAL CONTACTS 2004 3 CRIMINAL CONTACTS g Incidents (see bottom of page for specifics) (0) Alarm (3) MISC. NON-CRIMINAL 0 Assists (0 Traffic (0) Inspections/Licensing (p) Medical/Fire (0) The criminal contacts for 2004 were alarm calls that occurred during the first week of business. One was cancelled, one was a system problem, and one was billed. (Number in parenthesis are included in total contact figures.) AGENDA SECTION: public Hearings AGENDA ITEM # 12N REPORT # 227 J STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 F2elated to: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO N/A REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~(I~ ~~, SIGNATURE REVIEWED BY CITY MANAGER: - - ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale wine and 3.2 percent malt liquor licenses for 2005, including the outside service of alcohol and food for The Noodle Shop -Colorado Inc. ®BA Noodles and Com an , 7630 L ndale Avenue South. I. RECOMMENDED ACTION: By Motion: • Approve the renewal of on-sale wine and 3.2 percent malt liquor licenses, for 2005, for The Noodle Shop -Colorado Inc. DBA Noodles and Company, 7630 Lyndale Avenue South. • Also approve the outside service of alcohol and food for The Noodle Sho . 1214 Noodles and Company Renew Licenses II. BACKGROUND On April 14, 2004, the City received the application and other required documents for new on-sale wine and 3.2 percent malt liquor licenses, including the outside service of alcohol and food for The Noodle Shop DBA Noodles and Company. On November 23, 2004, the City Council approved the licenses for 2004. At this time, staff is looking for approval of renewal of on-sale and 3.2 percent malt liquor licenses for the license year 2005 and the outside service of food and alcohol. The applicant has satisfied all objective criteria for eligibility under state and local ordinances. The following requirements for license issuance have all been satisfied: • The applicant has paid the required licensing fees. • The applicant has complied with all of the procedures/criteria required for outside service of alcohol and food. They have been approved for ten outside seats. If more than ten outside seats are required, they will need to provide an overall outside site plan to zoning and have it approved before they can exceed that number. • The required proof of liquor liability insurance coverage has been received showing Travelers Indemnity Co. of America affording the coverage. • Proof of Workers' Compensation insurance has also been supplied. • The property is owned by Lyndale Gateway LLC, 7300 Metro Blvd., Suite 585, Minneapolis, MN 55439, and the real estate property taxes are paid and current. • As this is a new business, there are no unpaid general sales and withholding taxes. • As this is a new license, there are no previous "calls for service" or contact records. The Public Safety background investigation has been completed and reveals the following: The applicant and shareholder/managers of The Noodle Shop -Colorado Inc. DBA Noodles and Company, are Mary Beth Lewis, Wayne Robert Kimmell II and Robert Joseph Serafin. Background checks and criminal histories were conducted on all of them and no criminal histories were found. The on-premise manager is Brenton Henderson. Criminal history and background checks were done on him and no criminal history was found. Nothing was found during this investigation that would raise any concerns about the applicants' suitability for licensing. 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. 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 license, including outside service of alcohol and food for ten seats. B. CRITICAL ISSUES • That the requirements in Resolution 9511 are met. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATNE RECOMMENDATION(S~ • The Council could decide to deny the license request, which would mean that the current applicants would not be able to obtain on-sale wine and 3.2 malt liquor licenses, including outside service of alcohol and food. V, ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representative(s) of Noodles and Company AGENDA SECTION: Public Hearinfrs AGENDA ITEM # 12M REPORT # 22f) ~~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 RELATED TO: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO. N/A REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: Cp SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the request for renewal of on-sale wine and 3.2 percent malt li uor licenses for Pu'hket Thai Restaurant, 6345 Penn Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal for 2005 on-sale wine and 3.2 percent malt liquor licenses for Pu'hket Thai Restaurant, 6345 Penn Avenue South. II. BACKGROUND On November 12, 2004, the City received the application and other required documents. for renewal of on-sale wine and 3.2 percent malt liquor licenses for Pu'hket Thai Restaurant. The Public Safety staff has reviewed the application for compliance with all applicable state and local requirements. 1214 PH Puhket Renew Liquor Licenses The following technical requirements for license issuance have been satisfied, with _ the exception of numbers 2, 3 and 4: 1. The applicant has paid the required licensing fees. 2. The required proof of liquor liability insurance coverage has not yet been received. 3. Proof of workers' compensation insurance has also not yet been supplied. 4. All general real estate taxes, state sales and withholding taxes have been paid and are current. 5. Their water utility payment to the City is overdue. 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. This was discussed when their license was initially approved in April of 2004, and no new violations have occurred since that time. The Environmental Health Staff had one contact with this address in the past year concerning long weeds. Staff contacted them and the problem was resolved. There have been eight (8) police contacts with Pu'hket Thai restaurant since its license was approved in April of 2004. Details are attached. The owner of the property is Jennifer Hung Bui, 2810 Medicine Ridge Rd in Plymouth, MN. 55411. 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 December 2, 2004. 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 with the exception of providing proof of liquor liability and workers compensation insurance information. They are also not current on their water utility bill. B. CRITICAL ISSUES • That the requirements in Resolution 9511 are met. A copy of this resolution has been given to the owner of the establishment. • Items stated above under policy must be complied with. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTACHMENTS • List of Officers • Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Varouna Chanthalakeo PU'HKET THAI RESTAURANT OFFICERS KhamKoun Chanthalakeo Varouna Chanthalakeo Sisaketh Chanthalakeo Owner Owner Assistant Manager ******* PUBLIC SAFETY CONTACTS OCTOBER 2003 -SEPTEMBER 2004 PU'HKET 2004 TOTAL CONTACTS g CRIMINAL CONTACTS g Incidents (see bottom of page for specifics) 0 Alarm g MISC. NON-CRIMINAL 0 Assists 0 Traffic 0 Inspections/Licensing 0 Medical/Fire 0 The criminal contacts from October 2003 through September 2004 were: 8 alarms (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: public Aear,___n~ AGENDA ITEM # 12L .. REPORT # 225 J STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL~S~ NO. N/A AND/OR RICHFIELD 2020 GOAL~S~ NO N/A REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 200.5 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 2005 renewal of 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 23, 2004, 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, 2902 West 66th Street. The applicant has paid the required license fees. 1214 PH Red Pepper Liquor Licenses Renewal The Public Safety background investigation has been completed and reveals the following: 1. The corporate structure of the organization remains unchanged. Ricky Kiang is serving as President, Vice-President, Secretary and Treasurer. Mr. Kiang .continues to serve as the General Manager of the restaurant. He has no known criminal record. 2. All general real estate taxes, state sales and withholding taxes have been paid and are current. 3. The lease between the applicant and the property owner, Carlson Real Estate Company continues to be in effect with all payments current. 4. The required proof of liquor liability insurance and workers' compensation coverage has been received and is current. 5. An accountant's statement has been prepared and submitted. This statement covers the period from October 2003 through September 2004 and indicates that food sales accounted for 99% of the total sales, while 3.2 percent malt liquor and on-sale wine sales accounted for 1 % of the total sales. There was one Public Safety contact with Red Pepper from October 2003 through September 2004. This compares to no contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received one complaint in 2004 regarding Red Pepper concerning a food issue. A Bloomington Food Sanitarian inspected and the issue was resolved immediately. 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 December 2, 2004. 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 • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION~S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2005, 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 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 PUBLIC SAFETY CONTACTS October 2003 through September 2004 Red Pepper Chinese Restaurant 2003 2004 TOTAL CONTACTS 0 1 CRIMINAL CONTACTS 0 1 Incidents (see bottom of page for specifics) (0} (1) Alarm (0) (0) MISC. NON-CRIMINAL 0 0 Assists (0) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contact from October 2003 through September 2004 was one domestic. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: pihl i r A~az?i nsrs AGENDA ITEM # ~ 9g REPORT # ~ ~ i STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) No. N/A REPORT PREPARED BY: COUNCIL PRESENTER: AND/oR RICHFIELD 2020 GOAL(S) NO N/A BETSY OSBORN, ADMINISTRATNE SUPPORT SERVICES MANAGER NAME, TITLE NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ®, ~~~ ~~~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2005 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 on-sale wine and 3.2 percent malt liquor licenses for 2005. for Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue South. II. BACKGROUND On November 22, 2004, 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. 1214 PH Fireside Pizza Liquor Licenses Renewal The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization remains unchanged. Richard Bruce Thompson continues to serve as President, and Richard Orville Thompson serves as Vice-President. Michelle Thompson serves as Secretary and Treasurer. Richard Bruce Thompson continues to serve as General Manager of the restaurant. None of these individuals has any known criminal record. 2. All general real estate taxes, state sales and withholding taxes have been paid and are current. 3. The required proof of liquor liability insurance has been received showing Zurich Insurance Company affording the coverage. Proof of Workers' compensation insurance coverage has also been provided. 4. An accountant's statement has been prepared and submitted. This statement covers the period from October 2003 though September 2004 and indicates that food sales accounted for 93%of the ~Cotal sales, while 3.2 percent malt liquor and on-sale wine sales accounted for 7% of the total sales. There were eight Public Safety contacts with Thompson's Fireside Pizza, Inc. from October 2003 through September 2004. This compares with three 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 2004. 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 December 2, 2004 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, with the exception of proof of liquor liability and workers' compensation coverage information. • 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 • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION~S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2005 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 and Michelle Thompson, owners of the establishment Thompson's Fireside Pizza, Inc. Fireside Pizza Directors and Officers Richard Thompson President/Owner Michelle Thompson Vice-President/Owner PUBLIC SAFETY CONTACTS October 2003 through September 2004 Thompson's Fireside Pizza, Inc. TOTAL CONTACTS 2003 2004 3 g CRIMINAL CONTACTS 3 6 Incidents (see bottom of page for specifics) (3) (6) Alarm (0) (0) MISC. NON-CRIMINAL 0 2 Assists (0) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts from October 2003 through September 2004 were: One follow-up investigation, one forged check, one drunkenness, one noise, one theft and one property damage. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Public Hearings 12J 223 Related to: CITY COUNCIL GOAL(S~ NO. N ! A REPORT PREPARED BY: COUNCIL PRESENTER: AND/OR RICHFIELD 2020 GOAL(S) NO N / A BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~ Gb SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2005 club on-sale and Sunday liquor licenses for Minnea olis-Richfield American Le ion Post 435, 6501 Portland Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2005 club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue South. III. BACKGROUND On November 16, 2004, 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, 6501 Portland Avenue South, for _ 2005. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: 1214 PH Legion Renewal of Liquor Licenses The structure of the organization has changed from last year. James Morris now serves as President; Glen Rasmussen now serves as Vice President.; James Munson continues to serves as Treasurer and Roger Wysong continues to serve as the Club Manager. James Morris was charged with burglary in 1978. There have been no other criminal charges since that time. The other individuals have no known criminal record. A current list of officers is attached. 2. All general real estate and withholding taxes have been paid and are current. 3. The property and building continue to be owned by the American Legion. 4. The required proof of liquor liability insurance has been submitted and is current. The workers' compensation .insurance has not yet been submitted; however; the American Legion has indicated that it will be sent to the City by their insurance company. 5. An accountant's statement has been prepared and submitted. This statement covers the period from October 2003 through September 2004, and indicates that food sales accounted for 27% of the total sales while liquor sales accounted for 73% of the total sales. There were 36 Public Safety contacts with the American Legion from October 2003 through September 2004. This compares with 60 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 a club on-sale and Sunday liquor license. The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 2004. 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. 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, with the exception of providing their workers' compensation insurance coverage. • 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 • Receipt of workers' compensation must be submitted. • The requirements of Resolution No. 9511 must be met. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION~S~ • Continue the hearing. However,. if the hearing is continued beyond January 1, 2005, 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 • American Legion club officer Mpls -Richfield American Leaion James Morris Glen Rasmusson James Munson Roger. Wysong President Vice-President Treasurer Club Manager PUBLIC SAFETY CONTACTS October 2003 -September 2004 Mpls-Richfield American Legion 2003 2004 TOTAL CONTACTS 60' 36 CRIMINAL CONTACTS 41 32 Incidents (see bottom of page for specifics) (31) (29) Alarm (10) (3) MISC. NON-CRIMINAL 19 4 Assists (3) (1) Traffic (4) (1) Inspections/Licensing (0) (0) Medical/Fire (12) (2) The criminal contacts from October 2003 through September 2004 were: seven disturbances, two driving violations, one threat, eight suspicious person/vehicles, two theft, one domestic, one traffic stop, five drunkenness, one fight, and one property damage. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: public Hearings AGENDA ITEM # 12I REPORT # 222 ~J STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) NO. N/A AND/OR RICI-IFIELD 2020 GOAL(S) NO N/A REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: =/~~~e SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2005 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. RECOMMENDED ACTION: Conduct and close the public hearing and by .motion: • Approve the renewal of club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555,. Fnc., d/b/a Four Nickels Food and Drink, 6715 Lake Shore Drive. II. BACKGROUND On November 5, 2004, the City received the 2005 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: 1214 VFW Liquor Licenses Renewal 1. The corporate structure of the organization has changed from the previous year. Leonard Gudmunson now serves as Commander and Howard Bunce 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. 2. All general real estate and withholding taxes have been paid and are current. The property is owned by Gramarcy Park Cooperative. 3. 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. 4. An accountant's statement has been submitted covering the period October 2003 through September 2004 and indicates that food sales accounted for 29% of the total sales, while alcohol accounted for 68% of the total sales. Miscellaneous sales accounted for 3% of the total sales. Public Safety had 15 contacts with Fred Babcock V.F.W. Post No.5555 from October 2003 through September 2004. This compares with ten contacts for the previous year. A breakdown of these contacts is attached to this. report. Environmental Health staff have received no complaints regarding the V.F.W. in 2004. 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 license. The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 2004. In July 1999, Fred Babcock V.F.W. 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 V.F.W. Post No. 5555 has received no violations in the years 2001 or 2002. In November of 2004, the VFW failed a liquor compliance check but as of the date of this writing, they had not yet appeared before the City Council. Therefore, their fine and suspension date information is unknown at this 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 license requested. B. CRITICAL ISSUES • The requirements of Resolution No. 9511 must be met. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION~S~ • Continue the hearing. However; if the hearing is continued beyond January 1, 2005, the Council should consider the granting of 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 • Gin Ng, Manager of establishment. V.F.W. 2004 Post Officers Leonard Gudmunson Commander Howard Bunce Chair of the House Committee Gin Ng On-premise Manager PUBLIC SAFETY CONTACTS October 2003 -September 2004 FRED BABCOCK V.F.W. POST 5555 2003 2004 TOTAL CONTACTS 10 15 CRIMINAL CONTACTS g g Incidents (see bottom of page for specifics) (7) (7) Alarm (1) (1) MISC. NON-CRIMINAL 2 7 Assists (p) (4) Traffic (0) (0) Inspections/Licensing (1) (1) Medical/Fire (1) (2) The criminal contacts from October 2003 through September 2004 were: 1 theft delayed, 2 drunkenness, 3 suspicious persons, 1 robbery. - (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: Public Hearings AGENDA ITEM # 12H ~~' STAFF REPORT REPORT # 221 CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO N/A REPORT PREPARED BY: COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of the on-sale intoxicating and Sunday liquor licenses for R&J Brothers Inc. d/b/a La Villa Restaurante Mexicano, 1120 East 66th Street. __ I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • i4pprove the renewal of on-sale intoxicating and Sunday liquor licenses for R&J Brothers Inc. d/b/a LaVilla Restaurante Mexicano, 1120 East 66th Street. BETSY OSBORN, ADMINISTRATNE SUPPORT SERVICES MANAGER 1214 PH LaVilla-Restaurant Liquor Licenses Renewal II. BACKGROUND On November 17, 2004, the City received the renewal application and other required documents for the on-sale intoxicating and Sunday liquor licenses for R&J Brothers Inc. d/b/a LaVilla Restaurante Mexicano. The applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: 1. The corporate structure of the organization has not changed from when they applied for on-sale intoxicating and Sunday liquor license in January of 2004. Rodolfo Hernandez continues to be the sole owner of R&J Brothers Inc., d/b/a/ La Villa Restaurante Mexicano. A current list of officers is attached. 2. All general sales, real estate and withholding taxes have been paid and are current. 3. The property is owned by Rodolfo Hernandez, and all real estate property taxes are paid and current. 4. The required proof of liquor liability insurance and workers' compensation insurance has been received and is current. 5. An accountant's statement has been prepared and submitted. This statement covers the period from September 2003 through September 2004 and indicated that food sales accounted for 92% of the total sales, while liquor sales accounted for 8% of the total sales. There were 3 total public safety contacts from October 2003 through September 2004. There were no previous contacts for this property since it is a new business. A breakdown of these contacts is attached to this report. Environmental Health staff did not receive any complaints regarding La Villa Restaurante Mexicano during the past year. On-sale intoxicating and Sunday liquor licensed 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 of renewal of on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 2004. In June 2004, La Villa Restaurante Mexicano was cited for the sale of alcohol to underage youth. They paid a $1,000 fine and had their license to sell alcohol suspended for five days. They have 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 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 IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2005, 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 Adminisfirative Procedure Act. V. ATTACHMENTS • List of Officers • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Roldolfo Hernadez, owner R & J BROTHERS, INC. LA VILLA RESTAURANTS MEXICANO OFFICERS AND DIRECTORS Rodolfo Hernandez President and Owner PUBLIC SAFETY CONTACTS October 2003- September 2004 LaVilla Restaurants Mexicano 2004 TOTAL CONTACTS 3 CRIMINAL CONTACTS 2 Incidents (see bottom of page for specifics) (1) Alarm (~) MISC. NON-CRIMINAL ~ Assists (0) Traffic (0) Inspections/Licensing (~) Medical/Fire. (0) The criminal contacts from October 2003 through September 2004 were: One forgery and one alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: Public Hearings AGENDA ITEM # 12G REPORT # 22O J STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) NO. N/A Arm/oR RICHFIELD 2020 GOAL(S) No. N/A REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~~ ~~ SIGNATURE REVIEWED BY CITY MANAGER: ~ ,___ ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2005 on-sale intoxicating and Sunday liquor licenses for Taco Morelos II, Inc., 2 West 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of on-sale intoxicating and Sunday liquor licenses for Taco Morelos 11,1nc., 2 West 6Sth Street. II. BACKGROUND On November 5, 2004, the City received the renewal application and other required documents for the on-sale intoxicating and Sunday liquor licenses for Taco Morelos II, Inc. The applicant has paid the required licensing fees. The Public Safety background investigation has been completed and reveals the following: 1214 PH Taco Morelos Liquor Licenses Renewal 1. The corporate structure of the organization has remained unchanged from their original application in July 2002. Gaspar Rey Perez is the President of the organization and Lucila Sanchez Perez serves as the Secretary. They have no known criminal history since their last renewal: 2. The property being leased by Taco Morelos II, Inc. is owned by Heritage Property I.T. Inc. The lease between the applicant and the landlord are in effect with all payments current. 3. The $10,000 bond issued by Old Republic Surety has been submitted. 4. The required proof of liquor liability insurance has been received showing Swett & Crawford affording the coverage. Proof of workers' compensation insurance has also been supplied. 5. An accountant's statement has been prepared and submitted. This statement covers the period from September 2003 through October 2004 and indicates that food sales accounted for 82% of the total sales, while liquor sales accounted for 18% of the total sales Environmental Health staff received one complaint for Taco Morelos in the past year. The complaint was regarding a trailer being parked on the property. The trailer was relocated and no further complaints have been received. There were four other Public Safety Contacts with Taco Morelos in the past year. This compares to two contacts the previous year. A breakdown of these contacts is attached. On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements in which to notify neighbors of the issuance of on-sale intoxicating and Sunday liquor licenses for either the state or the city. The notice of public hearing was published in the Richfield Sun Current on December 2, 2004.. 1n May 2003, Taco Morelos was cited forthe sale of alcohol to underage youth. They paid a $1,000 fine and had their license to sale alcohol suspended for five days. They. have 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 with the exception of the provision of liquor liability and workers compensation insurance information. B. CRITICAL ISSUES • The proof of liquor liability insurance coverage must be submitted. • Proof of workers' compensation insurance coverage must be submitted. That the requirements are met in Resolution No. 9511. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATNE RECOMMENDATION(S~ • None V. ATTACHMENTS • List of Officers Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Gaspar Perez, Owner Taco Morelos Officers and Directors Gaspar Rey Perez President Lucila Sanchez Perez Secretary PUBLIC SAFETY CONTACTS October 2003 -September 2004. Taco Morelos TOTAL CONTACTS CRIMINAL CONTACTS Incidents (see bottom of page for specifics) Alarm MISC. NON-CRIMINAL Assists Traffic Inspections/Licensing Medical/Fire 2003 2004 (2) (4) (2) (3) (2) (2) (0) (1) (0) (1) (0) (0) (0) (0) (0) (1) (0) (0) The criminal contacts from October 2003 through September 2004 were: one forgery, one ordinance violation. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: public Hearings AGENDA ITEM # j2F REPORT # 2 j g J STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 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 BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, .TITLE ~~~~~ ~ SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consider a request for renewal of 2005 on-sale intoxicating and Sunday liquor licenses for MDM EAR, Inc. DBA The Backyard Bar and Grill, 1500 East 78th Street. I. RECOMMENDED ACTION: By Motion: • Approve renewal of 2005 on-sale intoxicating and Sunday liquor licenses for MDM EAR, Inc. d/b/a The Backyard Bar and Grill, 1500 East 78th Street. II. BACKGROUND On November 5, 2004, the City received the renewal application and other required documents for 2005 on-sale intoxicating and Sunday liquor licenses for MDM EAR, Inc. d/b/a The Backyard Bar and Grill, 1500 East 78th Street in the old Ground Round building. 1214 Backyard Bar & Grill Approve Liquor Licenses The Public Safety background investigation has been completed and reveals the following: • The Articles of Incorporation of MDM EAR, Inc. d/b/a The Backyard Bar and Grill that were filed with the Minnesota Secretary of State, along with the stock purchase agreement, shows the owners of the business as follows: President Vice President Vice President Secretary Treasurer Mark Minogue Elizabeth Rosvold Craig Strowbridge Elizabeth Rosvold Mark Minogue None of these individuals have any criminal history since their license was originally approved in August of 2004. They are occupying the former Ground Round space. There are no unpaid general sales and withholding taxes. A. G. Bogen Co. owns the property and the real .estate property taxes are paid and current. The $10,000 bond issued by Old Republic Surety Company has been submitted. The required proof of liquor liability insurance coverage has been received. Proof of workers' compensation insurance coverage has also been supplied. A financial statement has been prepared and submitted. This statement covers the period from August 2004 through October 2004 and indicates that food sales accounted for 57% of total sales, while liquor sales accounted for 43% of the total sales. The business was not in operation prior to August 2004. As this is a request for a renewal license for a new business; there are no previous "calls for service" contact records to compare this with. Environmental health staff received no complaints regarding the establishment when it was previously open and operating under "The Ground Round." 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 December 2, 2004. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has provided staff with all the information they have re uested in rocessin this license application request. B. CRITICAL ISSUES • The requirements of Resolution No. 9511 must be met. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide to deny the license request which would mean that the current applicants would not be able to obtain on-sale intoxicating liquor and Sunday liquor licenses. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives for Backyard Bar and Grill BACKYARD BAR AND GRILL OFFICERS Mark Minogue -President Elizabeth Rosvold -Vice President Craig Strowbridge -Vice President Elizabeth Rosvold -Secretary Mark Minogue -Treasurer **~**** PUBLIC SAFETY CONTACTS OCTOBER 2003 -SEPTEMBER 2004 BACKYARD BAR AND GRILL TOTAL CONTACTS CRIMINAL CONTACTS Incidents (see bottom of page for specifics) Alarm MISC. NON-CRIMINAL Assists Traffic Inspections/Licensing Medical/Fire 2003 2004 (Not in business) (from 8/04 to 11/04) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 The criminal contracts from August 2004 through September 2004 were: none (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: Public Hearings AGENDA ITEM # jZE REPORT # 2 j $ STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 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 BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE NAME, TITLE ~~ SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2005 on-sale intoxicating and Sunday liquor licenses for Paisan Inc., d/b/a Khan's Mon olian Barbe ue, 500 East 78th .Street. I. RECOMMENDED ACTION: . Conduct and close the public hearing and by motion: • Approve the renewal of on-sale intoxicating and Sunday liquor licenses for 2005 for Paisan Inc., d/b/a Khan's Mongolian Barbeque, 500 East 78th Street. II. BACKGROUND On November 23, 2004, 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. 1214 PH Khan's Liquor Licenses Renewal The Public Safety background investigation has been completed and reveals the following: 1. The corporate structure of the organization remains unchanged from last year. Mitchell Law and Sherri (Paisan) Law are sole owners of the restaurant. Mitchell Law continues to serve as the General manger of the restaurant. Neither of these individuals has any known criminal record. 2. The lease between the applicant and the property owner, Roy A. Bogen, is in effect with all payments current. 3. All general sales, real estate and withholding taxes have been paid and are current. 4. The required proof of liquor liability insurance and workers' compensation will be submitted as soon as possible by the insurance company. 5. An accountant's statemenfi has been prepared and submitted. This statement covers the period from October 2003 through September 2004 and indicates that food sales accounted for 95% of the total sales, while liquor sales accounted for 5% of the total sales. Public Safety had seven. contacts wifih Khan's from October 2003 through September 2004. This compares with nine contacts for the previous year. A breakdown of these contacts is attached to this report. There were no Environmental Health complaints regarding food issues 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 December 2, 2004 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 fihe 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 has received no violations since this 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-safe intoxicating and Sunday liquor licensing, with the exception of proof of liquor liability and workers' compensation insurance. • 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 • Proof of liquor liability insurance or a $1Q,000 bond must be submitted. • The requirements of Resolution Na. 9511 must be met. C. FINANCIAL • N/A D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2005, the Council should consider the granting of license extensions to allow the applicant to con#inue 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 hear°tng 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 KHAN'S MONGOLIAN BARBEQUE Officer and Directors Mitchel Law President Sherri (Paisan) Law Vice President PUBLIC SAFETY CONTACTS October 2003 --September 2004 .Khan's Mongolian Barbeque 2003 2004 TOTAL CONTACTS g 7 CRIMINAL CONTACTS 6 7 Incidents (see bottom of page for specifics) (2) (4) Alarm (4) (3) MISC. NON-CRIMINAL 3 0 Assists (3) (p) Traffic (p) (~) Inspections/Licensing (0) (0) Medical/Fire (q) (p) The criminal contacts from October 2003 through September 2004 were: one vandalism, two suspicious vehicles, and one theffi. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: Pnbli ~ E~.ri ns~*~ AGENDA ITEM # 12D REPORT # ~ 1 ~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO N/A REPORT PREPARED BY: BETSY OSBORN ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~~~.~~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal. of on-sale intoxicating and Sunday liquor licenses for 2005 for Champps Operating Corporation d/b/a Champps Restaurant, 790 West 66th Street. I. RECOMMENDED ACTION: Conduct and close the pubFic hearing and by motion: • Approve the renewal of 2005 on-sale intoxicating and Sunday liquor licenses for Champps Operating Corporation d/b/a Champps Restaurant, 790 West 66th Street. II. BACKGROUND On November 17, 2004, 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. 1214 PH Champps Liquor Licenses Renewal The Public Safety background investigation has been completed and reveals the following: • There has been one change in the corporate structure of the organization from last year. William Baumhauer still serves as President and CEO; Donna Depoian serves as Vice-President and Secretary; and Frederick Dreibholz serves as Vice-President and Treasurer. Jarrett Ritenour is now the general 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. • The lease between the applicant and the property owner, Market Plaza Commercial, LTD., is in effect with all payments current. • The required proof of liquor liability insurance coverage has been received showing Hartford Fire Insurance Company 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 2003 through September 2004 and indicates that food sales accounted for 69% of the total sales, while liquor sales accounted for 31 % of the total sales. There were 33 Public Safety contacts with Champps restaurant from October 2003 through September 2004. This compares with 45 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 an on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 2004 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. There have been no other 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 • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2005 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 ~' ~ • Champps staff Champps Operating Corporation Champps Restaurant Officers and Directors William Henry Baumhauer President Donna Louise Depoian Vice-President & Secretary Frederick Jon Dreibholz Vice-President & Treasurer Jarrett Jon Ritenour General Manager PUBLIC SAFETY CONTACTS October 2003- September 2004 Champps Operating Corporation Champps Restaurant TOTAL CONTACTS 2003 45 2004 33 CRIMINAL CONTACTS 30 23 Incidents (see bottom of page for specifics) (26) 22 Alarm (4) (1) MISC. NON-CRIMINAL 15 10 Assists (4) (0) Traffic (5) (4) Inspections/Licensing (1) (0) Medical/Fire (5) (2) Crime Prevention (0) (4) The criminal contacts from October 2003 through September 2004 were: four thefts one follow-up investigation, two vandalism, five drunkenness , , one harassment, two disturbances, five suspicious persons/vehicles, one warrant arrest , and one traffic stop. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: public Hearings AGENDA ITEM # 12C REPORT # ~ 16 STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 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 BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE NAME, TITLE ,~ SIGNATURE -._ ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2005 on-sale intoxicating and Sunday liquor licenses for Don Pablo's 0 eratin Cor oration 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 2005 on-sale intoxicating and Sunday liquor licenses for 2005 for Don Pablo's Operating Corporation d/b/a Don Pablos, 980 West 78th Street. II. BACKGROUND On November 23, 2004, 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. 1214 PH Don Pabfo's Liquor Licenses Renewal The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization has changed from last year. Robert Andreottola continues to serve as CEO; Mitchell Blocher now serves as President and Treasurer; and Percy Williams continues to serve as Vice- Presidentand Secretary. Michael J. Olander is serving as the on-premise manager. None of these individuals has any known criminal record. A current list of officers is attached. 2. All general sales, real estate and withholding taxes have been paid and are current. 3. The lease between the applicant and the property owner, CSM Investors, Inc. is in effect with all payments current. 4. The required proof of liquor liability insurance and workers' compensation insurance has been received showing American Home Assurance Company as affording the coverage. 5. An accountant's statement has been prepared and submitted. This statement covers the period. from October 2003 through September 2004 and indicates that food sales accounted for 79% of the total sales, while liquor sales accounted for 21 % of the total sales. There were 22 Public Safety contacts with Don Pablos from October 2003 through September 2004. This compares with 13 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff did not receive any food related complaints regarding Dorr 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 December 2, 2004. 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 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 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 IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2005, 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 Don Pablo's Operating Corporation Don Pablos Officers and Directors Robert Andreottola CEO Mitchell Blocher President and Treasurer Percy Williams Vice-President and Secretary Michael Olander On-Premise Manager PUBLIC SAFETY CONTACTS October 2003- September 2004 Don Pablos TOTAL CONTACTS 2003 13 2004 22 CRIMINAL CONTACTS 11 17 Incidents (see bottom of page for specifics) (7) (13) .Alarm (4) (4) MISC. NON-CRIMINAL 2 5 Assists (0) (1) Traffic (0) (2) Inspections/Licensing (0) (0) Medical/Fire (2) (2) The criminal contacts from October 2003 through September 2004 were: seven thefts, one drunkenness, two suspicious vehicles, one follow-up investigation, one disturbance, and one assault. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: pnbl ; c flearing~ AGENDA ITEM # _ 12B REPORT # 2 ~ ~~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 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 BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME. TITLE NAME, TITLE ~~ ~~,~ , SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2005 on-sale intoxicating and Sunday liquor licenses including the outside service of alcohol 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 2005 renewal of on-sale intoxicating and Sunday liquor licenses for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & .Bar, 6601 Lyndale Avenue South; and • Approve the outside service of alcohol. II. BACKGROUND On November 5, 2004, the City received the renewal application and other required documents for the on-sale intoxicating and Sunday liquor licenses for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar. The applicant has paid the required fees. 1214 PH Houlihan'sRenewal The Public Safety background investigation has been completed and reveals the following: 1. The corporate structure of the organization remains unchanged from the previous year. Stephen Kneeland is the President of the organization. The on- premises manager is Kim Zeigler. Neither of these individuals has any known criminal record. A current list of officers is attached. 2. The property being leased by Houlihan's Restaurant & Bar is owned by Richfield State Agency, Inc. The lease between the applicant and the landlord are in effect with all payments current. 3. The $10,000 bond issued by Travelers Casualty and Surety Company of America has been submitted. 4. A financial statement has been prepared and submitted. This statement covers the period from October 2003 through September 2004 and indicates that food sales accounted for 65.7% of the total sales; while liquor sales accounted for 34.3% of the total sales. 5. The required proof of liquor liability insurance coverage has been received showing St. Paul Fire and Marine Company as affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. The Environmental Health staff received one complaint for Houlihan's Restaurant & Bar in 2004. This had to do with long grass/weeds; however, the complaint was unfounded. Public Safety had 34 contacts with Houlihan's Restaurant & Bar in 2004. This compares with 26 contacts for the previous year. A breakdown of these contacts is attached to this report. 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 of an on- sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 2004. 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 -I 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 I~ V. ALTERNATIVE RECOMMENDATION(S) Continue the hearing. However, if the hearing is continued beyond January 1, 2005, 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 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 -I • List of Officers • Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Houlihans Staff HOULIHAN'S RESTAURANT & BAR OFFICERS Stephen Kneeland President Kim Richard Zeigler On-Premises Manager PUBLIC SAFETY CONTACTS October 2003 through September 2004 Houlihan's Restaurant & Bar TOTAL CONTACTS 2003 26 2004 34 CRIMINAL CONTACTS 19 21 Incidents (see bottom of page for specifics) (12) (15) Alarm (7) (6) MISC. NON-CRIMINAL 7 13 Assists (1) (6) Traffic (2) (1) Inspections/Licensing (0) (0) Medical/Fire (4) (6) The criminal contacts from October 2003 through September 2004 were: drunkenness, one suspicious vehicle, two suspicious persons, two vehicle thefts, ane delayed theft, one delayed burglary, two theft-found property, one disturbance, one forgery, one theft. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: public Hearings AGENDA ITEM # 12A REPORT # 2 4 ~~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) No. N/A REPORT PREPARED BY: COUNCIL PRESENTER: AND/oR RICHFIELD 2020 GOAL(S) NO N/A BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~ ~~~ ~~~ .SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of on-sate 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 on-sale intoxicating. and Sunday liquor licenses for The Frenchman's, 1400 East 66th Street. IL BACKGROUND In November 2004, the City received an 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: 1214 PH Frenchman's Liquor Licenses Renewal 1. 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. 2. A 10-year contract deed with William and Joan Snyder continues to be in effect with all payments current. 3. All general real estate, state sales and withholding taxes have been paid and are current. 4. The required proof of liquor liability insurance coverage has been received showing Berkley Administrators as affording the required coverage. Proof of workers' compensation insurance has also been supplied. 5. An accountant's statement has been prepared and submitted. This statement covers the period from January 2004 through September 2004 and indicates that food sales accounted for 48% of the total sales, while liquor sales accounted for 52% of the total sales. There was 55 Public Safety contacts with The Frenchman's from October 2003 through September 2004. This compares with 24 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received three complaints in 2004 regarding the use of tobacco in prohibited public areas of the restaurant. Doug. Deyer from the Bloomington Health Department and The Frenchman's were notified and no further complaints have been received. There-was also one complaint made regarding .long grass, which was resolved, and another complaint regarding debris on the property, which was resolved. 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 December 2, 2004. 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 self 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. 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 in Resolution No. 9511 must be met. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATNE RECOMMENDATION(S~ • Continue the hearing, However, if the hearing is continued beyond January 1, 2005, 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 Mary Christine Blake, Owner of the establishment The Frenchmans Directors and Officers Mary Christine Blake Owner and General Manager ******************************** PUBLIC SAFETY CONTACTS October 2003 through September 2004 The Frenchman's TOTAL CONTACTS 2003 24 2004 55 CRIMINAL CONTACTS 18 38 Incidents (see bottom of page for specifics) (14) (37) Alarm (4) (1) MISC. NON-CRIMINAL 6 17 ,Assists (1) (11) Traffic (1) (2) inspections/Licensing (~) (2) Medical/Fire (3) (2) The criminal contacts from October 2003 through September 2004 were: 7 disturbances, 7 drunkenness, 6 suspicious persons, 2 suspicious activities, 3 suspicious vehicles, 1 disorderly conduct, 2 assaults, 2 delayed theft, 1 threat, 2 driving while intoxicated, 1 vandalism, 2 warrants and 1 accident/hit and run. (Numbers in parenthesis are included in total contact figures AGENDA SECTION: public Hearing AGENDA ITEM # 11 REPORT # 213 ~~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CrrY CoUNC1I, GOAL(S) No. N/A AND/oR RICHFIELD 2020 GOAL(S) NO 21.27.31 REPORT PREPARED BY: COUNCIL PRESENTER: CHRISTINE COSTELLO, ZONING ADMINISTRATOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider the resolution requesting a conditional use permit at 7227 Penn Avenue to allow a Montessori re-school and da care in the "R" zonin district I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of the attached Resolution requesting a conditional use permit to allow a Montessori pre-school and daycare at 7227 Penn Avenue in the "R" zoning district. II. BACKGROUND • Mr. and Mrs. Sena Dias-Abeygunawardena, are proposing to operate a Montessori school and daycare center for up to 45 children at St. Nicholas Episcopal Church (7227 Penn Avenue). • The facility will be located in the lower level of the building and will occupy 1,850 square feet. The hours of operation will be 7:00 a.m. to 3:30 p.m., and the 121404-CUP-7227PennAve daycare will be available from 3:30 p.m. to 5:30 p.m. The Montessori school and daycare would only operate on weekdays. • Adequate parking is provided with 23 spaces available on the north side of the property. • A fenced playground area is proposed on the north side of the property in an area that will be screened from traffic on Penn Avenue and from the surrounding neighbors. The playground will be located 15 feet away from any property line as required and not effect storm water drainage. • Teaching and attending staff will be hired according to initial enrollment figures, but will be modified as enrollment fluctuates and state licensing permits. III. BASIS OF RECOMMENDATION A. POLICY • A daycare center and preschool .are classified as a Conditional Use in the R district. The findings necessary to issue a CUP (521.07, subd.5) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The Comprehensive Plan calls for `Church' at this location. Church uses often include educational and child care elements. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. There are no officially adopted redevelopment or urban design guidelines that impact this project. c) The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code. This requirement is only for new development, and excludes single family, two .family, and cluster housing developments. All performance standards are existing already and the only new standard would be the screening of the playground area. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. e) The use- will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. The primary concerns .associated with the Montessori school and daycare are traffic in the area. Both of these concerns are addressed by providing access onto an arterial street. f) There is a public need for such use at the proposed location. The proposed use is in keeping with the area uses. g) The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met. The zoning code specifies five requirements, which must be met for a Montessori school and daycare center. The current request meets all of these requirements, as explained below. 1, The first requirement, is that the appropriate governmental 2. authorities license the daycare center serving 12 or more persons. The petitioner is aware of this requirement and has applied for all appropriate licenses. If the daycare is not an accessory use, the site shall abut a collector or arterial street. The site is located on Penn Avenue which is an arterial street, so this will not create significanl traffic on residential streets 3. The parking lot setback and screening shall comply with Richfield Landscape Requirements. The site is existing so it does not comply with these requirements. But there is appropriate landscaping provided on-the site. 4. A designated pick-up and drop-off area shall be located on the site. A drop-off and pick-up has been located on the north side of the building for the school and daycare. 5. An outdoor play area shall be set back at least 15 feet from any lot line which abuts a residential parcel. The applicant will have to comply with this requirement if a play area is wanted. The play area will also need to be screened from any residential property and not effect any storm water drainage. B. CRITICAL IssUEs • The request has been delayed to the City Council until now because of errors in advertising the item for the City Council. Advertising the hearing is a legal requirement of the City Code and must be completed in order for an item to be placed on the agenda if it is a public hearing. • Approval from St. Nicholas Episcopal Church. See attached letter from Church. C. FINANCIAL • N/A D. LEGAL Zoning: `R', Single Family Residential Land Use: Current: Church. Proposed: Church, with Montessori school and daycare center Comprehensive Plan: Church Notification: Neighbors and property-owners within 350 feet Other Actions: Council: Scheduled for City Council review December 14, 2004. HRA: N/A Hearing Examiner: N/A. Planning Commission: Recommended approval with a vote of 7-0. 60 Day Rule: Deadline is January 7, 2005 (An extension was given) IV. PREVIOUS COMMISSION ACTION • Date of Action: October 25, 2004 • Subject of Vote: conditional use permit request to allow a Montessori pre-school and daycare at 7227 Penn Avenue (St. Nicholas Church). • Vote: ?-0 • No comments regarding request from Planning Commission or public. • The request was originally scheduled for the September 27, 2004, Planning Commission meeting, but due to a miscommunication of the attendance requirement, the Planning Commission continued the item to their meeting on October 25, 2004. • Public Notice: Planning Commission -Sun Current Newspaper -September 7, 2004 City Council -Sun Current Newspaper -November 30, 2004 • Mailed Notices: Sent to properties within the surrounding 350 feet. (69 residential properties and 1 commercial property where sent mailed notices) • 60 Day Clock: Start: September 10, 2004 Extension Received: November 10, 2004 Deadline: January 7, 2005 V. ALTERNATIVE RECOMMENDATION(S~ • Deny the requested conditional use permit to allow a Montessori school and daycare center at 7227 Penn Avenue. • Approve the requested conditional use permit to allow a Montessori school and daycare center at 7227 Penn Avenue with stipulations. VI. ATTACHMENTS • Draft Resolution for City Council • Code Reference: Section 546-Zoning -Administration 546.05 Conditional Use Permit • Zoning map • Land Use Map • Letter from St. Nicholas Church • Site plan of Church • Information on Montessori School system VII. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. and Mrs. Sena Dias-Abeygunawardena, applicant RESOLUTION NO. RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR MONTESSORI SCHOOL AND DAYCARE AT 7227 PENN AVENUE SOUTH WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit to allow a Montessori school and daycare at 7227 Penn Avenue South, legally described as: THAT PART OF W 1/4 OF NW 1/4 OF SW 1/4 OF NW 1/4 LYING S OF N 132 FT THOF EX ROADS. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested conditional use permit at 7227 Penn Avenue South at its October 25th, 2004 meeting, and WHEREAS, this requested conditional use permit at 7227 Penn Avenue South meets those requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, section 546.05, subd.6, 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 for a Montessori school and daycare center, as described in City Council Letter No. , on the Subject Property legally described above. 2. This conditional use permit at 7227 Penn Avenue South is subject to the following conditions in Section 521.07 Subdivisions 2 of the City's Zoning Ordinance. 3. The playground area shall be setback 15 feet from all property lines and shall be screened with a privacy fence the plans for which are subject to the approval of the Community Development Director. 4. 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 Zoning Ordinance, Section 546.05, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this day of 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 121404-CUP-7227PennAve SECTION 546 -ZONING: ADMINISTRATION 546.05. Conditional use Hermits. Subdivision 1. Permit required. It shall be unlawful to engage in any use listed in this code as a conditional use without first obtaining a conditional use permit (CUP) from the City pursuant to this subsection. Subd. 2. Limitations. A conditional use permit may not be issued for the purpose of granting an adjustment or appeal, or for any use prohibited in the zoning district for which the permit is sought. Subd. 3. Application. Application for a conditional use permit shall be made to the Director on forms provided by the City. Subd. 4. Planning Commission review. After receipt of a completed application, a date shall be set for consideration before the Planning Commission. The Planning Commission may offer whatever public notice of its review it deems necessary. Following this consideration, the Planning Commission shall make a recommendation to the City Council regarding the application. Subd. 5. Public hearing. After receipt of the recommendation of the Planning Commission, a date shall be set for a public hearing. Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper and sent by mail to all the owners of properties located wholly or partially within 350 feet. The Council shall make the final determination on the application, and in doing so shall make findings regarding its review. The Council may impose conditions and require guarantees on the granting of the permit in order to ensure compliance with the conditions designated in connection therewith. The Council shall make a decision within 60 days of submission of a completed application unless written notice of an extension is provided to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant. If the Council fails to make a timely decision, the conditional use permit shall be deemed to have been approved. (Amended, Bill No. 1995-19, Sec. 4) Subd. 6. Conditions for issuance. The Council may not grant a conditional use permit unless it finds that all of the following conditions will be met: a) the proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan; b) the proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines; c) the proposed use is or will be in compliance with the performance standards specified in Section 541 of this code; d) the proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements; e) the use will not have undue adverse impacts on the public health, safety, or welfare; and f) there is a public need for such use at the proposed location; and g) the proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. 2 Subd. 7. Recording of CUP. Upon commencement of an approved conditional use, a certified copy of the conditional use permit shall be filed by the applicant with the Hennepin County Recorder or Registrar of Titles. The permit shall contain the legal description of the property. Subd. 8. Expiration of CUP. A conditional use permit shall expire one year after it has been issued unless: a) the use for which the permit was granted has commenced within the one year period; or b) upon written request of the person or corporation holding the CUP, the Council extends the expiration date for an additional period not to exceed one year. Subd. 9. Term of CUP. A conditional use permit shall remain in effect for so long as the conditions regulating it are observed, unless specifically stated otherwise. A conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter. Subd. 10. Amendment to CUP. Holders of a conditional use permit may propose amendments to the permit by following the procedure set in this subsection for issuance of a new permit. Significant changes in the circumstances or scope of the use shall require approval of the Council. Such changes may include, but are not limited to, hours of operation, increase in number of employees, expansion of structure or premises, or major operational modifications, as determined by the Director. The Planning Commission may recommend, and the Council may impose, additional or modified conditions as a result of the amendment. Subd. 11. Fee. The fee for a conditional use permit or amendment thereto is set by Appendix D of the City Code. 3 CUP REQUEST FOR 7227 PENN AVENUE SEPTEMBER, 2004 ZONING OF PROPERTIES WITHIN 350 FEET W 71ST ST.. R' R R R, R R ,R 72N D ST. ~. R R R R R R R R R' R R R R ' R R L!J LLi Q LLi a R Q Z R R ~j > R. R Q Q w R R Q 722 R ~ R R O G W R R W R R R y ~ ~ R R a R R J O R, R Z R R R R R DST. R R R , R R I C-1 R' R R R R R R R R 74TH ST. ZONING SYMBOLS R =SINGLE FAMILY RESIDENTIAL C-1 =NEIGHBORHOOD BUSINESS -N 100 0 100 200 300 400 500 600 700 800 900 1000. Feet 9-1-04 4 CUP REQUEST FOR 7227 PENN AVENUE SEPTEMBER, 2004 LAND USES OF PROPERTIES WITHIN 350 FEET .71ST ST. RES ES QUASPBLC RES RES ES (CEMETERY) RES RES RE 72ND ST. ~. RES RES RES RE RES RES RES. RES RES RES RES . RES RES RES RES RES a a Q RES RES RES ; .RES RES Q fgA Q J RES RES Q 22 RES ~ RES RES ~ C ~ y RES RES Z _ RES Z .RES RES ~ ~ O W ~ ~ W F N ~ RES RES ~- = RES O RES RES Z U- RES RES RES RES RES D ST. RES RES RES RES RES COM RES RES RES RES RES. RES. RES RE RE RES RE RES RE RES .74TH ST. LAND USE SYMBOLS RES = SINGLE FAMILY RESIDENTIAL QUASPBLC= QUASI PUBLIC N 100 0 100 200 300 -400 500 600 700 800 Feet 9-1.0,4 5 crurch ~~ ~ St. Nicholas Episcopal Church a d 7227 Penn Ave S. y s Richfield MN 55423 ~ with a~~~ Phone 612-869-7551 Web wwwsaint-nicks.org September 3, 2004 The City of Richfield Attn: Christine Costello Zoning Administrator 6700 Portland Avenue Richfield MN 55423 Regarding St Nicholas Church and the proposed daycare of Sena N. Dias Abeygunawardena and Lalitha M. Abeygunawardena Dear Ms. Costello: I am pleased to inform you that St. Nicholas parish intends to rent space in the lower level of the church for a Montessori school and day-care. We also give Abeygunawardenas pemussion to install a playground on the north lot of the church, which they will payfor. St. Nicholas will spend up to $2500 to upgrade the exit signs and emergency lighting to meet the requirements for use of the lower level as a school. No further investment will be expected or asked of St. Nicholas to upgrade,. modify, or bring to code the building or grounds. Our intent is dependent upon the granting of a license for the school and signing of a final lease. agreement. We will eventually finalize this rental agreement with a more formal legal document specifying other necessary considerations such as an exit clause protecting both parties. We are. excited. Peace, ~ The Rev. Thomas D. Harries, Rector cc. Sena N. Dias Abeygunawardena Lalitha M. Abeygunawardena 6701 Vincent Ave S Richfield, MN 55423 6 • ~ •- D .4iY l.'JP4f.F'cf .SH!ii OF ~ ygpTN <iNE if S:N%jOfiNY. OESEC 33 TZB.PZ4 O ~~' !`. Y' 1 l D>~$O k_..._ \ D(1 I ti A' S 2, ,oPV.',rs':asE _ ,_ mil- _ ti•C ti L~ ~' {A \,e, ~N I ... 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I~ICHE}LAS CHURCI~ 7227 PENN AVENUE SOUTH RICI~IELD - 1t~IINNESOTA - 55423 8 6701 Vincent Avenue -South Richfield , MN . 5423 dune 4~ ~ T 2004 The Rev . Thomas marries St . Nicholas Church 7227 Fenn Avenue South Richfield , MN . 55423 Dear Rev . Harries , Jt am an AMI (A~iated- Montessori International } qualified Montessori teacher with over 36 years of experience , of which 23 years in the United States 'of America at two prominent Montes~sort schools in Bdina , namely La Pepiniere and -Step By Step at 6515 Barrie Road and 13 years in Sri Lanka . At the -end of May 3 L~` ZQ04 , I retired from .my..teaching position at Step By Step l~ontessorr - S~hools- Inc . ~ am planning to start a ageable Montessori school and a Day care facility. of my own. in partnership with my husband . Our meeting with you and Ms. I3arba~a Maleka in this regard and the brief ~ , discussion we had with you .both was very encouraging. and satisfying. We Thank you both for all the helpful informatio~r and the p~'ecious time you rendered us . We are; very impressed with the .location and the space available Please f nd enelased the far~al proposal to establish a Montessori school and a Day care .center at the St .Nicholas. church building and .also my resume with few reference letters frorr~ 'sonte-~ Q€ the- parents of any past students, along with some literature pertaining to he Montessori Method of education , which outlines the basic principles anti fitnetion$ that ure required for the proposed school programme .for your.. kind perusal We would appreciate ~n early reply ~d aiso ~ be glad to furnish yon .with any further information you may require . We strongly believe that this .proposed venture would .mutually benefit all parties concerned the community ,the church and us . We can be reached by telephone at 612 -869 ^ 4219 Thank you . Yours truly ,..` y~;~w~.6F~ ~x~~.u~~~ Lalit a Dras Abeygunawardena / e a N . D~as~ Abeygunawarde~ RESEARCH AND- STATISTICS Our research and statistics indicate to us that there is a growing need for quality child care. program Yn the area and~~ t~ggaeo-ava~ahle-a~ the S-t. ~Fieht~la~ ~ ehtrrsl~ in Richfield is ideally suitable to establish a Montessori School and a day care center. This will o#fer~pre-school, kindergarten anc~ Dzty care program to sere Rieh€eld, Edina, Bloomington and the Neighbouring communities. It is a-fequirement fora Montessori school and a day care to have an o~xt~door play. area For this purpose the vacant land on the north side of the church building near the parking area could be used with suitable fencing and proper play equipment . We will fund the initial cost of construction ,the layout and the necessary equipment therein, witlrthe proviso that we (the renter} be reimbursed the expended east in reasonable installments from monthly rent paid to the church (the rento), until the cost is recovered within- the contractual period . As these are going to be permanent fixtures and if the church desires to keep these fixtures as they are in the premises, after both parties have agreed- in good fai#h to terminate all binding agreements and contracts stipulated in the final negotiations. It would mutually benefit. both parties in the long run . At this juncture it is relevanf to rx~ention that we would appreciate if you would kindly consider a three to five year rental agreement because it takes a considerable length of time to establish a new school and to gain th€ confidence of the area residents and the neighboring communities which it is meant to serve. We are. confident that a Montessori-school and a day care at this location could beeo~rie a financially viable venture, which in turn would benefit. both parties concerned. The space available in the lower level namely (a) The choir room with X04 sq. $. and (b) the banquette room with 900 sq. ft: approximately could be used as two classrooms with ~0 and 25 preschool children: -respectively at the rate of 35 sq. $. per child and one toilet and washbowl for every 15 children per state licensing guidelines. 'Therefore it may be necessary to use the upper level toilets if and when both classrooms are fully utilized,. which may be premature to state at this tune but it is better mentioned than not. PHILOSOPHY AND MONTESSO.RL11%IE~'HOD OF EDUCATION The philosophy of the Montessori method of education is to help every child. to develop a positive self-i~ag~ within a ear fully planned environ~n~nt. This planned environment enables the child to develop, emotionally, intellectually and spiritually with order and self-discipline. This" lio~e away from home", under the guidance of a specially trained Montessori teacher, allows the child to unfold fully with ease and develops his potential. The classroom materials provided are seienti- fiea~ly prepared to create and prayid€ oppo~upities far the ehild~ `s d€v~lopment. s attached please find more Maw€sso~ t~achi$g r~ter~al for you to-loop aver. In .addition, the children will be taking .part in well planed and organized music, drama eorrrptrter, language classes and -field trips - ~ thus-enabling thet~n to~ cultivate-academic and social interest in many aspects of the society. The kindergarten is an extension o-f the-Montesso-ri level. It gives an o-ppoFtunity foz the child to learn new skills at their own rate of development and advance accordingly, both irr-g~otxp~ and individual activities. Special emphasis will be placed on language, art, reading, social skills, math -and science. The extended day care program is meant to pro-vide maximum flexibility for working parents to leave their children in a safe and happy environment. The following is an example of the age groups and prograrrt schedule: PROGRAMH AGB GROUP SCEi00LDAY EXTENDED DAY CARE LEVAL MORNING EVENHVG TODDLER 1..4 TO 2.5 YRS 8.30 AM TO 3.30 PM 7.00 AM TO 8.:30 AM 3: 3 0 PM TO 5.30 PM MOFITESSORI 2.5~ TO 5: 0-YRS• 8: 30• AM TO 3, 34 PM 7.00 AM T4 8: 3Q AM. 3.. 34 PM T4 5.30 PM KINDERGARTEN: 5.0 T O 6.0 YRS 8.30 AM TO 3. 30 PM 7.00 AM TO 8.30 AM 3. 30 PM TO 5.30 PM '. The center director will be solely Fesponsible €or .all activities in the school ineldding training of staff and overall supervision and smooth operation of -the center. The otheF staff will be ernplayed as~ required by lieerrsing- aathorilies based on enro-llrnent of children. Initially we would equip and hire staff to accommodate 15 to 20 children in each classroom. The school should be ixr ogeratiort orr t~ .September 20E}4. There is a tot of hard work ahead of us to- obtain the necessary permits from The City E}f Riek~field and The State Of Minnesota Department Of Human Services licensing division , as both these processes are fiery dime eonst~ming. Therefore your early approval is very important to achieve our goal and will be much appreciated We would like assuring yotx that the school o-peratio~ in any way will not hinder the church activities.. We would always uphold the church principals and conduct the sehflol activities in a mrrtttally benefieial~.manner. We thank you-for your co-operation and kind c ideration. ~' I~alith a M~am 1}ras- be awardena Se y elamaha Dias-1~beyg~tnawardena CENTER DIRECTOR /TEACHER ADNIINISTRATOR DATE: 06 -04 - 2004 LALITHA M. DIAS-ABEYGUNAWARDENA 6701 VINCENT AVENUE SOUTH RIND, MN 55423 (612)869-4219 OBJECTIVE: TO GIVE AS MUCH OF MYSELF, ENABLING .CHILDREN TO DISCOVER AND, DEVELOP THEQt POTENTIAL AS HUMAN BEINGS; AND TO CULTIVATE A HEALTHYr NAT[JRAL DESIRE FOR LEARNING IN A GOOD AND SECURE BACKGROUND WITH LOVE AND JOY. IDUCATION: 1. GENERAL CERTIFICATE OF IDUCATION 2. AMI DIPLOMA (ASSOCIATION MONTESSORI IlVT~RNATIONALE DIPLOMA) 3. 12 CFU CRIDITS FOR BEHAVIOR, DISCIPLINE & CHILD PSYCHOLOGY 4~ PI'TMAN'S SHORT HAND AND TYPING COURSE 5. REGULARLY UPDATING WITH CURRENT IDEAS -AND CHANGES RELATING TO MY PROFESSION BY ATTENDING WORK SHOPS, SEMINARS & READING IDUCATION RELATID MATERIAL EXPERIII~ICE: 8-1-91 - PRE,4ENT' -STEP BY STEP .MONTESSORI, 6515 BARRIE ROAD, IDINA, MN 55435 ,, 8-2481 - 7-31-91 - WOODDALE .ACADEMY, 6515 BARRIE ROAD, IDINA, MN 55435. RESPONSIBLE FOR PIi:ESENTZr1G MATERIAL TO LARGE AND SMALL GROUPS AS WELL AS INDIVIDUAL . CHII.DREN. CREATE .AND PREPARE IDUCATIONAL MATF.RiAi.~ SET UP CLASS ACCORDING TO ACTIVITIES AND SEASONS. ARRANGE FIELD TRIPS AND ACCOMPANY. CHQ,DREN. CONDUCT AND ORGANIZE HOLIDAY PROGRAMS. WRITE NEWS LETTER, LESSON PLANS, MAINTAIN: PROGRESS CHARTS. TRAIN AND SUPERVISE ASSISTANTS... CONDUCT PARENT INFORMATIVE MEETINGS - CONFERENCES AND OPEN HOUSES. THE CLASS CONSISTS OF 30-35 CHII DREN AGES Z.5 TO O YEARS. 6-1-78 TO 8-10-81 -BISHOP'S COLLEGE, 15 BOYD PLACE, COLOMBO, SRI LANKA. RESPONSIBLE FOR PP.F.'SENTII~IG MATERIAL, CONDUCTING CLASS, PREPARE LESSONS. AND CLASS MATERIAL. MONITOR CHIIDREN'S PROGRESS. ARRANGE FIELD TRIPS AND ACCOMPANY CHIIDREN. CONDUCT PARENT CONFERENCES. AND OPEN HOUSES, HOLIDAY PROGRAMS, ETC. THE CLASS CONSISTID OF 3O CHILDREN 5 .YEARS OF' AGE. 5-1-76 Tfl 5-3478 - AMI TRAINING CENTER, coLOMBO, SRI LANKA. TRAIlVIlVG - TEACHING (INTERNSHIP). .. 3- Language, reading and writing skills The .first step to reading and writing is sensorial. Children are shown to recognize the sandper shapes with their fingers. They also learn the letters phonetically, and to recognize and identify sounds in words. Several exercises are designed to prepare the child to use a pencil, and later, to write. 4- Mathematics, introduction to numbers Again, the first step to the introduction to mathematics and numbers is sensorial. The child learns to associate the numbers to quantities, moving gradually to more abstract forms of representation. ."~ . rJUE.~iTIOP~tS ABOUT• i-iOIITESSORI~ EDUCATIOI~t 1. ::rho was 'uiaria ~ .ontessori? She .was an Italian physician and educator,. the first ~• roman to receive a medical degree in Italtf. Born~~in 18.70, she developed. her method of education in the earl~r 1900's.~ She devoted her life to education~of children and ;•ras honored and respected throu3hout.. the ~•rorld at the time of her .death in 1952. ~ ~ . 2. T:Ihy did she develop her special teaching method? She ;ryas very distressed ;vith the usual rigid znd fre:1uentl~j cruel teaching techniques used in Europe at~that time.. Sasic to all of her ideas is respect. for the child and his, ability to learn She did not vie;v. him as an imperfect adult to be .molded by Parents and teachers into .replicas of thernselves,.thouoh a bit more "suc- . cessful." .She satr the child as the hope of mankind. .Given the, opportunity.'and freedom to learn .from his earliedst years in the right kind of environment,. the child ;vould.create.an adult .(himself) r ^aoable of coping creatively T.vith .the immense ~probTems~~of living,,,.. • icluding. ,the? greatest problem of all, tirar and peace. 3. ::'hat is her special method? This. method i.s an approach to education :•rhich emphasizes the potential of the ~,Toun~; (under si:c years).. child, and_tvhich ahempts .. to .develop .this potential by a sensorial'approach (teaching the child via his natural interest in explorinr~ the vrorld, through :pis senses) , in .a prepared:-environment, utilizin' the scientific observation of the trained i•iontessori teacher. 4. ':'hat is the prepared. environment.? It is ~an artificial .environment, (as are all school environments) , prepared by. the teacher, or the directress, as Dr.: i•Iontessori pre- feted to call'the adult in charbe. Sheaarranbes~the furniture, adapted to the. children's size. She arran3es the learning materials on the shelves and sho;vs the children, individually and in sm2.11 groups, hose to use them. She sees that the .room .is attractive an3 invitin, (:•rith easy access to out-of-doors t~rhen rteather permits) . • She sets up .the rules by.tirhich the children .relate, to ,one another and then stays in the background; observing, helping, and~guidin; ze child to.ne:•r.materials as he becomes interested or as she thiziss _,;e is read;~r for them, interferrin~ ~,••ritz relationships among t:~e • children only as is absolutely; necessary. ~. •; ~~ 5. Isn'•t there too much freedom and a Iack.of discipline in a :Montessori class? ~ ~ ' • :~~Tithin~ the prepared environment children are free to choose their oj:m materials and activities, to change activities, to sit at tables or to kneel ar spraVrl on rugs, to move about the room as they Trish, to i-rorlc alone, to ~tivork ~.rith others - free, ~•so lon3 as their safety is. not involved and so long as•they respect the rights of others. The child must be free said i•Iontessori, if there is to be any•discipline, since the only ~real:discipline is self- discipline -•self control. The child must be free in.order to be truly master of himself - to be truly•indepe.ndent.. He must be free in order to make his o~rn decisions and discoveries - in order to learn by .himself (which is the only way anyone really learns). o. Shouldn't little children have more fun rtrid be allocred to play? Didn't Dr. ioontessori place too much emphasis on academic learning? In the be~innin~, a baby learns unconsciously and absorbs the t•rorld around hirn. As he begins to move 'and ,.to use ,his hands, he brin;s into his conscious mind tirhat his subconscious mindhas al- rewdr absorbed. ~et:•reen the ages of about three and six, the chilri consciousl~r constructs himself.' :-ie vrants to learn, en~o~~s learning and endeavors to learn everything._ For the. child, the activity is the thing, whether :ate call it ~,rorl~ or pray. %arl,.r- •in the formulation of her method, Dr..sQontessori observed t. sensitive periods of .her young pupils. They seemed to be able ' and want to learn specific skills at clearly defined ales and she could not refuse to~;uide their learning in academic areas. • 7... .::'hat .are.."sensitive periods?" This is .Dr. Montessori's name for-:age aeriods :when the child demonstrates unusual can abilities in~acquiring particul"ar-shills. She observed that the sensitive period for acquiring a sense of order' is from. about' age ttiro and one half to three'. The sensitive period for writing is someirhere between age threeand..one half and four, The period for sensitivity to ~,vords leadin,r; ~o reading and numbers is age four to five. The sensitive periods for. the individual chip varlr and are approximate, but all. pass, never to• return. In tze aye= rage school, according to Dr. :•iontessori,.the basic s'_tills are tau3ht largely after their sensitive periods have passed: _ 8. Isn't the~tlontessori method oo rigid? On .the contrary.. ;'.-itzin a carefully prepared f racne:vorl~, it is suite flexible ..'The .appearance of ri;idity is _ d~.ze to the formal .va~r in ::~hich each of the ,Montessori :materials is presented to the chill. ?' re ire several reasons this method is used. May 2004 Reference for Lali Dias Abeygunawardena For the past five years, our children have attended Step By Step Montessori in Edina, Mlnn~~Lta. Under the care and guidance of Lali Dias Abeygunawardena, we have watched our children learn, grow and thrive. Mrs. Lali's love and support always made our children feel safe and secure. But more importantly, she has established a solid foundation for their continuing education and personal development. Mrs. Lali has a unique gift -she can quickly assess each child's abilities and learning style. -Then, she motivates. her students on an individual level to accomplish their specific tasks. As the students complete their work, they develop confidence, independence, and a passion for learning,- Mrs. Lali promotes experiential learning, both. in the classroom with ahands-on curriculum and outside of the classroom with field trips. Our children have experienced numerous musical and theatrical productions. They have. made trips to an apple orchard, a pumpkin patch, a floral exhibit, a farm and the zoo. They visited with the elderly during periodic outings to area nursing homes. Mrs. Lali has introduced the children to new people, places and things. Mrs. Lali helps the children understand that they are part of a global community. 1Nhile they celebrate-diversity and gain appreciation for cultural differences, Mrs. LaG helps the children see the similarities they share with their classmates. She teaches the children to respect themselves and respect one another. _ She teaches them' about responsibility. She provides opportunities for each student to lead and contribute within the classroom community. Mrs. Lali is wise, insightful, patient, kind. and caring. She earns the respect of her students by treating them with respect. She challenges her students and celebrates. their accomplishments. Bottom line, she brings out the best in her students. We feel truly blessed to have had the. opportunity to work with Mrs. Lali. We offer our best wishes, as she begins the next phase of her life's journey. ~m and Lisa P~issHng 79 Marcie Hill Burnsville, MN 55337 . 952.435.5402 May 4, 2004 To Whom It May Concern: It gives us great pleasure to recommend Ms. La1i Dias i~beygunawazdena as the world's best pre-school/kindergarten teacher. In the three years that we have known her, first as a teacher to our older daughter Ncole, then to both Ncole and Tess, Ms. Lali has proven a patient, kind, caring and attentive mentor to our children.. She has often taken steps to keep us informed of their progress, both to remedy areas where improvement can be made and to offer praise when significant achievements have been realized. In our time with Ms. Lali, we have never known a day where her patience. and caring .disposition failed to make an impression on the eager and sometimes boisterous and enthusiastic pre-schoolers: Ms. Lali greets each child with a warm hug when they arrive, which always eases the transition away from the parents into the classroom. Our daughter Ncole has taken a page from Ms. Lali's book and acts as a mentor and leader to all of the youngest children in the class. More importantly, Ncole's social skills and cognitive development are a product of the successful program at Step By Step ` Montessori. Ncole, who. is 5 and a half years old, is confident in her arithmetic and writing skills, and has mastered basic reading. She will soon "graduate" from the Kindergarten program and is more than prepazed for her first year of school at Burroughs Elementary. There is not a kinder or more accomplished teacher out there, and we would recommend Ms. Lali as a teacher wholeheartedly. Sincerely, ~~ / ,., x ~"" Warren & Kala Ryan 4925 Knox Avenue South Minneapolis, MN 55409.. (612)925-9598 Gordon W. Goss Katherine Kelly Goss, Ph.D 91 Forest Dale Rd. Minneapolis, MN 55410 (612) 926-7672 May 10, 1991 Dear Sir or Madam; It is our pleasure to recommend to you Mrs. Lali Dias Abeygunawardena. She is without a doubt the finest, most capable teacher of young children, and their parents, that we have ever known. When searching for a pre-school environment .for. our 2 1/2 year old son, Lali was highly recommended to us. Now, after three years of watching him grow and develop under her love and care, we feel extremely fortunate and grateful that we and our son have had the wonderful opportunity of~having Lali as a part of our livies. The attributes-that we use to describe Lali sound as if we are. inventing the perfect teacher, but all ure appropriate. Kind, encouraging, inventive, responsible, demanding, giving, loyal, funny, loving, patient, and moral, are all descriptive of her r personality and her methods. of: teaching. Because she truly .cares about her charges, and they know it, she is able to control and coax more out of her. children than any other teacher we have observed. It is not by circumstance that whenever Wooddale Montessori Academy had a "problem1° child, the child was placed in Lali's room. It is the opinion of my wife, who holds a doctorate in educational psychology, that Lali typifies the ideal in early childhood education. This explains as well,. why Lali's classroom is always the fullest. In addition to excelling in handling and instructing. children and their parents, we have also observed that Lali possesses exceptional organizational skills. From organizing and presenting seasonal programs, Open Houses, Parent's nights, and field trips, Lali has capably planned and managed countless events. It is .obvious from: the tone and content of this letter that we hold-Cali Dias Abeygunawardena in..thehighest regard.. We would like to assure you also,,that we are merely representative of the other parents who entrust their. children to Lali's care. It is doubtless that many others could and-would write this same type of letter if asked. If we can be of any further assistance please do not hesitate. to contact us. ~' f/ ./r Gordon W. Gos.~ Katherine Kelly Goss,.Ph.D 231 W. 52nd St. Minneapolis, MN 55419 April 11, 1991 To Whom It May Concern: I am pleased to write this letter of reference for Mrs. Lali Dias Abeygunawardena. She has every qualification and personal attribute that would make her an outstanding Montessori Directoress. When our son Daniel was ready to "graduate"from the Toddler Program, I began to inquire of other parents which of the preschool teachers at our school was considered "the best." Since Mrs. Lali was cited consistently, we were delighted that she had an opening for him. We have been most pleased with his classroom experience since his enrollment about 18 months ago. Mrs. Lali is exceptionally warm and loving toward her children. -- andyet is able to ,, maintain classroom order and control. During Daniel's earliest days in Mrs. Lali's room, he was actively "parented" notonly by the teachers, but also by several of the older children. The caretaking we observe by Daniel for his his, younger brother is modeled, in part, after '.the love and interest shown. to him in his classroom environment. The learning environment Mrs. Lali has created is a very rich one, allowing challenges for children with a broad range of developmental capabilities. While the littlest ones are still learning the basics of skills-such as turn-taking, some of the older children are doing excellent work which seems. to appears to be at the second grade -level Mrs. Lali utilizes the talents of her assistant teachers well to assure that every student is developmentally challenged, and that the classroom environment is harrlonious. In addition to the standard Montessori materials, .Mrs. Lali has added activities constructed from everyday items, (for example a shoe to polish, pitchers for pouring, objects to be matched while blindfolded). There's always something fun to do! Mrs. Lali has an .excellent vision, not:only of what the classroom learning environment should be, but also how. each child can"be encouraged in developmentally appropriate ways. Her patient and gracious. style is delightfully contagious. She is loved by her. assistant teachers,.her students' parents, and perhaps most importantly, by her students. I am sure that any facility welcoming a school directed by her would find-the experience most rewarding. Sincere, 'l., w~'~ Carol J 6971 Tecumseh Lane Chanhassen, MN 55317 June-16, 1990 To Whom it May Concern: There are not enough adjectives to describe Lali dias Abeygunawardena.. For two years she had primary responsibility for our daughter's preschool education and care. Mrs. Lali is loving, patient, and caring. She provides a warm atmosphere for children to learn and grow, both academically and emotionally. She is concerned. and interested in each and every one of her "little friends", treating each of them with respect, helping them to reach their potenial. She is extremely reliable, a credible woman who is supportive, not only of her children, but her .parents as well. We feel indeed fortunate that we were able to have Mrs. Lali's influence-and dove and teaching touch our daughter's life. Our daughter loves Mrs. Lali, as do we. We entrusted-our dearest treasure to her care fos a- long time - there simply is no greater praise for anyone.: Resp fu Y, ~-~ C- ~I~~ n an Jacquie McConnell. `--~-~-~ P~S[TME LALITHA M. DIAS-ABEYGUNAWARDENA EXPERIIIVCE CONT'D: 9-1-68 TO 430-78 -LEAVE OF ABSENCE TO BRING UP MY CHILDREN. 1-1-60 TO 8-30-68 -GIRL'S HIGH SCHOOL, MT LAVINIA, SRI LANKA. 1. TEACHER - CONDUCTED A CLASS OF 25 CHII.DREN AND MAINTAINED PROGRESS CHARTS, PREPARED LESSON PLANS, ORGANIZED PAREN'T' INFORMATIVE MEETTII~TGS AND HOLIDAY PROGRAMS. 2. LIBRARIAN -CATALOGUING AND MAINTAIN BOOKS. 3. BURSAR - MAIIVTAINID ACCOUNTS, COLLECT T[JTTION AND ISSUE RECEIPTS. 4. SECRETARY -INTERVIEW PARENTS, MAINTAIN FILES AND TYPING. CONCENTRATED SKILLS: L TEACHING CHURCH SCHOOL. 2. VISITING ELDERLY IN NURSING HOME 3. ORGANIZING ENTERTAINMENT AND VOLUNTEERING AT NURSING HOME.. PERSONAL: L A SRI LANKAN BY BIRTH - A `CITIZEN OF USA 2. DATE OF BIRTH - 7-1438 . 3. 5' 1"-110LBS 4. EXCELLENT HEALTH, ENJOY CHALLENGES, HARD WORKER 5. RELIGION -CHRISTIAN .(METHODIST) (1) MIIbiBER OF THE HENNEPIN AVENUE UNITID METHODIST CHURCH FROM 1983 - 1992. (2) MEMBER OF THE UNITED METHODIST CHURCH OF PEACE FROM 1992 -PRESENT. HOBBIES: READING, COOKING AND TRAVELING. REFERENCES: REFEREt~TCES WILL BE .FURNISHED ON REQUEST 2 r THE MONTESSORI PHILOSOPHY AND METHOD OF EDUCATION- The Montessori method of education has existed since 1907, when Maria Montessori opened the first "Children's House" in Rome, Italy. Maria Montessori's work was not only the development of a new way of teaching, but also a discovery into life and how to help a child reach his/her potential as a human being. She taught a new attitude and a new way of looking at children. Therefore, the Montessori method of education is much more than the use of specialized materials. It is the ability~of the educator to love and to respect the child as a person, and to be sensitive to her/his needs. To achieve this, the educator must spend time observing the child, and getting to knoi~ her/him well. I- Four basic principles .Within this philosophy, the Montessori method of education is based on four major principles: 1- The absorbent mind 2- The sensitive periods 3-.The prepared environment 4- The attitudes of the adult 1- The absorbent mind Maria Montessori expressed.a ydung child's special sensitivity to observe. and to absorb everything in his/her immediate environment as the "absorbent mind". This is the unique ability in every child to take in his/her environment and learn how to adapt to life. During.-the early years, ~ the child's sensitivities lead to a bonding with the environment, In these early years, a love for the environment is absorbed into the child's mind. The child's ability to adapt himself/herself .successfully to the environment. depends on what the impressions were at the time. If they were healthy and positive, the child will adapt in ahealthy and positive way. 2- The sensitive periods . This describes the different stages of growth when the child is intensely attracted to a-specific part of his/her environment. Thes e sensitivities help the child develop normally and a oquire the characteristics necessary for .his/her develoFcnent to wn adult. An example.of a sensitive period is the child's rerrarquable ability to learn the human language in one and half to three short nears. .~ 3- The prepared environment -The prepared environment is an environment which has .been carefully organized for the child, to help him to learn and grow. It is an environment where the child moves .freely and chooses his/her own occupations, where he/she may •accomplish•independance and discipline. The environment is prepared~in such a way that it meets the social,. emotional, intellectual, physical and moral needs of the child. It is alsa an environment which satisfies the child's need for. order and security, in the knowledge that everything has its proper place, where it can be found time after time. 4- The attitudes of the adult The adult is the living lirjk between the child and the prepared environment, and his/her goal is to help the child help himself/herself. ~ By letting the child know he/she is loved and respected; the adult helps the child build his/her self confidence. The child must be free to move and experience in the environment, and the role of the adult is to provide guidance in this exploration. II- Method of education Within this framework, the Montessori method of education can be° devided into four broad areas: 1- Practical life 2- Sensorial education 4 3- Language, reading and writing skills 4- Mathematics, introduction to numbers 1-: Fract-i:cal ~1.ife I This is considered to be the most important area of the classroom, as it helps the child develop coordination, concentration, independance, order, discipline.-This area comprises exercises for the care of thee. person and the environment,- exercises for social relationships,. grace and courtesy, exercises for perfect control and refinement of movement. 2- Sensorial. education I This refers to the development and refinement of the five s enses: sight, sound, touch, smell and taste. The purpose of the. exercises in this ~ area is to educate the senses, so that the child may. learn about the environment, and become able to discriminate its most subtil aspects. I AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2UU4 Public Hearin 10 212 Related to: CITY COUNCII, GOAL(S) No. N/A REPORT PREPARED BY: COUNCIL PRESENTER: AND/oR RICI~'IELD 2020 GOAL(s) No N/A I~ATIA MEDVETSKI, REDEVELOPMENT SPECIALIST NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding consideration of a resolution adopting a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and a Modification to the Tax Increment Financing Plans for the Interstate-Lyndale-Nicollet, Richfield Rediscovered A-1, A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4, B-5 and Interchange Tax Increment Financing Districts I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Adopt a resolution adopting a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and a Modification to the Tax Increment Financing Plans for the Interstate-Lyndale-Nicollet, Richfield Rediscovered A-1, A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4, B-5 and Interchange Tax Increment Financing Districts 121404DeftcitTif II. BACKGROUND The Richfield Housing and Redevelopment Authority (HRA) is undertaking a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and a Modification to the Tax Increment Financing Plans for the Interstate- Lyndale-Nicollet (ILN) Tax Increment Financing District, Richfield Rediscovered A-1, A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4, B-5 and Interchange Tax Increment Financing Districts (collectively known as the "Modified Plans"). The proposed Modified Plans will allow "pooling" of tax increment (that is, spending increment outside the TIF district generating the increment) into the ILN District so that the ILN District can continue to meet its future financial obligations. This undertaking is in response to lower increment revenues resulting from property tax class rate changes mandated by the legislature that began in 1997. Because this was an issue across the State special legislation in 1999 addressed the deficits by allowing additional pooling of increment. Earlier this year, the HRA's financial consultant, Ehlers and Associates, Inc. (Ehlers), reported to the HRA that all Districts were meeting their financial obligations. However, it appeared that beginning in 2007 the ILN district faces potential increment shortages and may need assistance from other districts. The analysis indicates that there may be a possible $1,000,000 cumulative shortfall from 2007. through 2011. However, sufficient revenue is available from other districts to cover the ILN District's potential shortfall. Approval of the Modified Plans would allow staff to implement a mechanism to assist the ILN District with the deficit if it should, in fact, become a reality. Specifically, annual cash flows would continue to be prepared and interfund transfers would be made to the ILN. based upon actual deficit need, all subject to HRA approval. The following is a list of notices and approvals made to date regarding the undertaking of the Modified Plans that are required and in accordance with Minnesota State Statutes. ^ October 28, 2004 - Letter to Commissioner Randy Johnson, Hennepin County Board of Commissioners. ^ November 10, 2004 - Letter to Patrick O'Connor, Hennepin County Auditor, and David Lamberger, School Board Clerk, Richfield School District No. 280. ^ November 15, 2004 - HRA consideration of and approval of Modified Plans by resolution. The vote on the motion for approving the resolution was 5-0. ^ November 22, 2004 -Planning Commission consideration of and approval by resolution of the Modified Plans as to conformance to the general plans for the development and redevelopment of the city. The vote on the motion for approving the resolution was 8-0. 121404DeficitTif ^ December 2, 2004 -Publication of legal notice of City Council public hearing in local Sun Current newspaper. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota State Statutes require certain notifications, approvals and public hearing(s) when modifying redevelopment plans and tax increment financing plans. B. CRITICAL IssuEs • The ILN district may be facing an increment revenue shortage due to property tax class rate changes implemented in 1997 that will require deficit pooling to assist it to meet future financial obligations. • Implementing measures to assist the ILN should the need arise is required at this time. • The only purpose of this modification is to permit the expanded pooling. C. FINANCIAL • Current estimates by Ehlers indicates that there may be a possible $1,000,000 cumulative shortfall in the ILN District from 2007 through 2011. D. LEGAL • Special legislation in 1999 addressed tax increment deficits by allowing additional pooling of increment. • Recently, the Office of the State Auditor issued an opinion that concurs with the State Department of Revenue and other professionals that work in the tax increment field with regard to the intent and use of the deficit pooling provision of the Minnesota State Statutes. • Ehlers prepared the Modified Plans, approving resolution, and other .notices as required by law. • Legal counsel, Kennedy & Graven, reviewed the Modified Plans, approving resolution, and other matters related to the Modified Plans. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the Modified Plans or delay approval of the Modified Plans and provide further direction to staff. However, doing so would jeopardize the ability to resolve the ILN District's potential deficit problem that would impact future financial obligations. 121404DeficitTif V. ATTACHMENTS • Resolution • Modified Plans VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Sid Inman, Ehlers and Associates 121404DeficitTif RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLANS FOR THE INTERSTATE-LYNDALE-NICOLLET, RICHFIELD REDISCOVERED A-1, A-2, A-3, A-4, A-5, B-1, B 2, B-3, B- 4, B-5 AND INTERCHANGE TAX INCREMENT FINANCING DISTRICTS. BE IT RESOLVED by the City Council (the "Council") of the City of Richfield, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Board of Commissioners (the "Board") of the Housing and Redevelopment Authority (the "HRA") in and for the City of Richfield (the "City") has heretofore established the Richfield Redevelopment Project Area and adopted the Redevelopment Plan therefor and established the Interstate-Lyndale-Nicollet (the "ILN"), Richfield Rediscovered A-1, A-2, A-3, A-4, A-5, B-1, B-2, 6-3, B-4, B-5 and the Interchange Tax Increment Financing Districts and adopted the Tax Increment Financing Plans therefor. It has been proposed by the HRA and the City that the City adopt a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area (the "Redevelopment Plan Modification") and adopt the Modifications to the Tax Increment Financing Plans (the "Tax Increment Plan Modifications" or together with the Redevelopment Plan Modification, the "Modifications") for the ILN, Richfield Rediscovered A-1, A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4, B-5 and the Interchange Tax Increment Financing Districts (the "Districts"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1799, inclusive as amended (the "Act"), all as reflected in the Modifications, and presented for the Council's consideration. 1.02. The HRA and City have investigated the facts related to the Modifications and have caused the Modifications to be prepared. 1.03. The HRA ,and City have performed all actions .required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of Hennepin County and Independent School District No. 280 having taxing jurisdiction over the property included in the Districts, and the holding of a public hearing upon published notice as required by law. 1.04. The City is not modifying the boundaries of the Richfield Redevelopment Project Area. 1.05. The City is not modifying the boundaries nor term of the Districts. 121404DeficitTif Section 2. Findings for the Tax Increment Plan Modifications 2.01. The Council hereby reaffirms the original findings for the Districts, namely that the Districts were established as "redevelopment districts" under Minnesota Statutes, Section 469.174, subd. 10 (a)(1). In addition, the City makes the following findings: 1. The Tax Increment Plan Modifications, under Minnesota Statutes, Section 469.1763, Subd. 6, are necessary to solve deficits due to rate compression between 1997 and 2001. The reason for supporting this finding is that the Tax Increment Plan Modification will allow for increment from the Richfield Rediscovered A-1, A-2, A-3, A-4, A-5, B-1, B-2, B-3, B- 4, B-5 and the Interchange Tax Increment Financing Districts to be used to pay the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B in the Interstate-Lyndale-Nicollet Tax Increment Financing District pursuant to M.S., Section 469.9763, Subd. 6. 2. The Tax Increment Plan Modifications conform to the general plan for development or redevelopment of the -City as a whole. The reason for supporting this finding is that the Tax Increment Plan Modifcations will generally complement and serve to implement policies adopted in the City's comprehensive plan. 3. The Tax Increment Plan Modifications will afford maximum opportunity, consistent with the sound needs of .the City as a whole, for the development or redevelopment of the Richfield Redevelopment Project Area by private enterprise. The reason for supporting this finding is that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Richfield Redevelopment Project Area. 4. The development and redevelopment efforts, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefor the use of tax increment financing is deemed necessary. Section 3. Public Purpose 3.01. The adoption of the Modifications conforms in all respects to the requirements of the Act and will help to provide to preserve and enhance the tax base and provide employment opportunities in the City and thereby serves a public purpose. Section 4. Approval and Adoption of the Modifications• Filino 2 121404DeficitTif 4.01. The Modifications are hereby approved, and shall be placed on file in the office of the City Clerk. Approval of the Modifications does not constitute approval of any project or a development agreement with any developer. 4.02. The staff of the City are authorized to file the Modifications with the Commissioner of the Minnesota Department of Revenue and the Hennepin County Auditor. 4.03. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further modifications, resolutions, documents and contracts necessary for this purpose. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 3 121404DeticitTif REDEVELOPMENT PLAN for the modification of the RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY CITY.OF RICHFIELD HENNEPIN COUNTY .STATE OF MINNESOTA Adopted: June 14, 1993 Modified: December 1.4, 2004 E H L E R S 3060 Centre Po me DnvebyRoseviue, Minne oOta i 51E3-1N 5 a a s s o c ~ a r e s ~ N c 651-697-8500 fax: 651-697-8555 www.ehlers-inacom 4 TABLE OF CONTENTS (for reference purposes only) THE RICHFIELD REDEVELOPMENT PROJECT AREA ............................ 1-1 Foreword ................. .......................................... 1-1 Boundaries of the Richfield .Redevelopment Project Area ........................ 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA ................. A-1 THE RICHFIELD REDEVELOPMENT PROJECT AREA Foreword ADOPTED JUNE 14,1993 MODIFIED DECEMBER 14, 2004 (AS MODIFIED TO ADD THE FOLLOWING ON DECEMBER 14, 2004) The following text represents a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for the Richfield Redevelopment Project Area and authorizes pooling of tax increment revenues to other City tax increment fmancing districts that experience deficits due to rate compression between 1997 and 2001 pursuant to M.S., Section 469.1763, Subd. 6. Generally, the substantive changes include the Modification of the Interstate-Lyndale-Nicollet (the "ILN"), Interchange, and Richfield Rediscovered A-1, A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4 and B-5 Tax Increment Financing Districts to allow for deficit pooling. For further information, a review of the Redevelopment Plan for the Richfield Redevelopment Project Area, adopted June 14,1993, is recommended. It is available in the Community Development Department at the City ofRichfield. Other relevant information is contained in the Modifications to the Tax Increment Financing Plans for the ILN, Interchange, and Richfield Rediscovered A-1, A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4 and B-5 Tax Increment Financing Districts located within the Richfield Redevelopment Project Area. Boundaries of the Richfield Redevelopment Project Area The boundaries for the Richfield Redevelopment Project Area are not being modified. See Appendix A of the Redevelopment Plan for a map of the Richfield Redevelopment Project Area. Richfield HRA Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA o - V V m V 4 V 4 V - g V g - g ~ ~. ~ .q'. ~ ~ O N 3 ~ m ~ m O1 r~ w m 1 XERXES WASHBURN VINCENT UPTON j rHOMAs N SHERIDAN RUSSELL QUEEN PENN OUVER NEWTON MORGAN ..a LOGAN KNOX JAMES r m IRVING HUMBOLDT GIRARD FREMONT EMERSON DUPONT COLFAX BRYANT ALDRICH m LYNDALE Q GARFlELD < ~~ m GRAND r PLEASANT O ~ PILLSBURY m WENTWORTH Zi BLAISDELL NICOLLET 1st STEVENS m -~-I ~ D CLINTON 4th D stn ~ PORTLAND 0 OAKUWD C PARK COLUMBUS ~D CHICAGO D -~ ELLI07 -~ 1ah m ~ 11tH TI 12th ~ 13th C ~ 14th r ('~ lsth = LOOMINGTON (DD~1 16th Z 17th '~ 18th CEDAR N: A O ~~ XERXES - WASHBURN - VINCENT UPTON rHOMAs SHERIDAN RUSSELL QUEEN T PENN ~/~ OLIVER NEWTON MORGAN ~ LOGAN rn KNDX o JAMES IRVING T HUMBOLDT m GIRARD v FREMONT m EMERSON DUPONT m COLFAX BRYANT O ALDRICH LYNDALE GARFIELD m I-~RRIET ~ Z GRAND PLEASANT PILLSBURY. WENTWORTf O BLAISDELL NICOLLET ^m 1st `+~ STEVENS and Ira :LINTON m -. '~ ~ 'ORTLAND O IAKLAND - /~ ARK Z OLUMBUS v HICAGO LLIOT Itn ~, Ith th th .OOMINGTO fh h DAR ~ N A O1 N V ~ b m V Owl ~ ~ Ol Of s $ ~ s ~ _ $ ~ g 4 g ~ g a ~ -TAX INCREMENT FINANCING PLAN for the modification of the INTERSTATE-LYNDALE-NICOLLET TAX INCREMENT. FINANCING DISTRICT (a redevelopment district) within the RICHFIELD REDEVELOPMENT PROJECT. AREA RICHFIELD HOUSING AND .REDEVELOPMENT AUTHORITY . CITY OF RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA j Adopted: November 12, 1985 Modified: May 13, 2003 Modified: December 14, 2004 _ ~ L! 1 C p ~` Prepared by: EHLERS & ASSOCIATES, INC. Il 1- ` 11 V 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 & ASSOCIATES i n c - (651) 697-8500 fax: (651) 697-8555 WWW.ehlers-inc.com TABLE OF CONTENTS (for reference purposes only) THE INTERSTATE-LYNDALE-NICOLLET TAX INCREMENT FINANCING DISTRICT .... 1-1 Subsection 1-1. Statement. of Objectives ................................... 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE INTERSTATE-LYNDALE-NICOLLET TIF DISTRICT ................... A-1 THE INTERSTATE-LYNDALE-NICOLLET TAX INCREMENT FINANCING DISTRICT (a redevelopment districtl Subsection 1-1. Statement of Objectives ADOPTED NOi'EMBER 12,1985 MODIFIED MAY l3, 2003 (AS MODIFIED TO ADD THE FOLLOWING ON DECEMBER 14, 2004) The Interstate-Lyndale-Nicollet (the "ILN") Tax Increment Financing (T1F) District is experiencing deficits due to class rate compression between 1997 and 2003. The modification authorizes the ILN TIF District to receive pooling of tax increment revenues from other City tax increment financing districts pursuant to Minnesota Statutes 469.1763, Subd. 6. This modification does not (i) increase or reduce the geographic area of the project or district, (ii) increase the amount of bonded indebtedness to be incurred, (iii) increase the portion of captured net tax increment to be retained by the authority, or (iv) increase the total estimated tax increment expenditures or designate additional property to be acquired by the authority. The following is an estimate ofthe annual maximum deficit pooling amount... 1997 $3,884,903 2003 $2,330,942 Annual Maximum Deficit Pooling Amount $1,553,961 A copy of the detailed calculation is available at the offices of the Richfield Housing and Redevelopment Authority. I Richfield HRA Modification to the TIF Plan for the ILN TIF District 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE INTERSTATE-LYNDALE-NICOLLET TIF DISTRICT 0 ~ ~ ~ ~ ~ ~ ~ a ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ XERXES '~ v wASNaulw yNC9dT WAS-~lltiN LIPTON tANCB~ ~ T~oMAS LIPTON N THOMAS SNERIDxN RUSSELL ~~~ QUEEN RUSSELL PENN QUEEN OLIVER PHJN fNJH~ NEWTON MORGAN NEWTON ~ LOGAN MORGAN .~ IQJOX LOGAN Z JAMES twOX v ~ / ~ JAA~S y IRVING 1~0tJ1T ~ L ~ IRVING NUMBOLDT m GIRARD ~ ~EMONT 61RARD '! El~1ERSON FREMONT A r t t7.tERSDN i ~ v DUPON7 COLFItX OLFAX O C BRYANT . BRYANT r m ALDRICH ALDR,~N ~ v LYNDALE GARFlELD LYNDALE ~ 'm ~~ NA~IET z r PLEASANT ~'^"D ,./ O z PILLSBURY ~~~T ~ X77 V WENTwARTii BL AISDEL( PILLSBURY "~NTVYO~' m . . ~ O NX:OLlEf BW~ELL a: Z tat NICOLLET '~ ~ srEVENS ~I 2~d STEVENS ~ m~ ~ ~ cuNTON ~ '~ :LINTOtJ m ~, m ~, ~ ~ ~ PORTLAND OAIQAND 'ORTlANO PARK IAKIAND COLLt1.~US CHICAGO - ARK OLIJMBUS ~' a D ELLIOT 111CAG0 ~ A WOT - I m 10th >m z O 11th ^ Ifh '1'I 12th Y~ Y' v '~ "~ C 13th ~ tth ~ C) 14th 15th lfh ?I S LOOMINGTON ~ ~ .ODM8JGT0 v lfilh rrr Z 17th th ~rrwww 18th ~ ' ~ CEDAR !h . tJ DAR a~ TAX INCREMENT FINANCING PLAN for the modification of the RICHFIELD REDISCOVERED A-1 TAX INCREMENT FINANCING DISTRICT (a redevelopment district) within the RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND. REDEVELOPMENT AUTHORITY CITY OF RICHFIELD HENNEPIN COUNTY STATE OF IvIINNESOTA Adopted: July 23, 1990 Modified: February 23, 1998 Modified: December 14,.2004 E L! ~ c p @ Prepared by: EHLERS & ASSOCIATES, INC. f7 L. Il ~7 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 s a s s o c i a T e s i r, c (651) 697-8500 fax: (651) 697-8555 www.ehlers-inc.com TABLE OF CONTENTS (for reference purposes only) THE RICHFIELD REDISCOVERED A-1 TAX INCREMENT FINANCING DISTRICT ...... 1-1 Subsection 1-1. Statutory Authority ... ................................... 1-1 Subsection 1-2. Statement of Objectives ................................... 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED A-1 TIF DISTRICT ..................... A-1 THE RICHFIELD REDISCOVERED A-1 TAX INCREMENT FINANCING DISTRICT (a redevelopment district) Subsection 1-1. Statutory Authority ADOPTED JULY23,1990 MODIFIED FEBRUARY23,1998 (AS MODIFIED TO ADD THE FOLLOWING ONDECEMBER 14, 2004) The 20031egislationaIlows cities to pool to districts that have deficits caused by class rate compression. The unobligated tax increment collected in the Richfield Rediscovered A-1 Tax Increment Financing (TIF) District will be transferred to the Interstate-Lyndale-Nicollet (the "lLN") Tax Increment Financing District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B. Subsection 1-2. Statement of Objectives (AS MODIFIED DECEMBER 14,.2004) The modification authorizes pooling of tax increment revenues to other City tax increment financing districts that experience deficits due to rate compression between 1997 and 2001 pursuant to M.S., Section 469.1763, Subd. 6. This modification does not (i) increase or reduce the geographic area of the project or district, (ii) increase the amount of bonded indebtedness to be incurred, (iii) increase the portion of the captured net tax increment to be retained by the authority, or (iv) increase the total estimated tax increment expenditures or designate additional property to be acquired by the authority. The district shall remain in existence until all of the "deficit potilable funds" have been expended as set forth in the plan. The tax increment to be deficit pooled from this district is intended to be used for preexisting obligations in the ILN Tax Increment Financing District. Existing obligations include the $5,075,000 General Obligation Tax Increment Bonds, Series 1996. -.This bond was refunded by the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B, to achieve a lower interest rate. The preexisting obligations are estimated to be $3,013,633 (principal and interest). It is estimated that up to $1,000,000 in interfundloans/transfers will be financed with tax increment revenues Richfield HRA Modification to the TIF Plan for the Richfield Rediswvered A-1 TIF District 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED A-1 TIF DISTRICT Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered A-1 TIF District A-1 io V V T s m ~ m a a eri ni V °' V m m a a 4 rs 4 4 ~ 4 a rs ~ r3 ~ ~ g ~ S XERXES WASHBURN VINCENT ~ LIPTON N THOMAS SHERIDAN RUSSELL QUEEN PENN OLIVER NEWTON MORGAN LOGAN KNOX m JAMES ~ IRVING HUMBOLDT GIRARD FREMON7 ~ EMERSON DUPONi COLFAX ~] BRYANT ("~ ALDRICH D ~ LYNDALE ~ m GARFlELD v HARRIET ~ ~ GRAND J m r PLEASANT m m PILLSBURY < ~ENTWORTH ~ ~ Z BIAISDELL "'I Q ~ NICOLLET 1st R1 STEVENS Z 2nd D aid CLINTON - D 4th ~ sir, O PORTLAND •` OAKLAND z PARK D COLUMBUS _ ~ CHICAGO v ~ ELLIOT ~ t01h m „th O 121h ~ ,an, C 14th 0] f 15th _ .OOMINGTON m , Bth ~ 17th Z tau, 1 CEDAR ~J 1 ~ Z~ . XERXES v WASHBURN ~l7 VINCENT /^Y LIPTON , • THOMAS SHERIDAN RUSSELL m QUEEN PENN Q ouvER T NEWTON m MORGAN LOGAN KNOX JAMES O ~` IRVING HUMBOLDT C GIRARD m m FREMONT EMERSON m v DUPOM v TI COLPAX ~~ BRYANT ~ v ALDRICH LYNDALE `~ / GARFIELD , ~ m HARRIET ~~ ' r GRAND ~ O PLEASANT ~. PILLSBURY WENTWORTF ~ BLAISDELL Z NICOLLET 1st TI STEVENS m 2nd 3rd ~. O CLINTON ~ Z stn ^ rn stn ~ `~~ PORTLAND ~ )AKLAND ~DZJ 'ARK L :OLUMBU5 :HICAGO `/~f ELLIOT _ 0th Z. ,>n zm 3th ~~ 4th ith `~ LOOMINGTO Q >m ,y, - ~' ?DAR A N `~, a g g a L V V ~ Vrs $ $ A fJ ~ ~ ° O1 m V rn N ~ $ g a .. s ~ s s s ~ ~ a TAX INCREMENT FINANCING PLAN for the modification of the RICHFIELD REDISCOVERED A-2 TAX INCREMENT FINANCING DISTRICT (a redevelopment district) within the RICHFIELD. REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY CITY OF RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA Adopted: August 24, 1992 Modified: February 23, 1998 Modified: December 14, 2004 I R ~` Prepared by: EHLERS & ASSOCIATES, INC. V 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 & ASSOCIATES ~ e c (651) 697-8500 fax: (651) 697-8555 WWW.ehlers-inc.COm _ - - _ -__ ~ TABLE OF CONTENTS (for reference purposes only) THE RICHFIELD REDISCOVERED A-2 TAX INCREMENT FINANCING DISTRICT ...... 1-1 Subsection 1-1. Statutory Authority ..................... ..... 1-1 Subsection 1-2. .Statement of Objectives ................................... 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED A-2 TIF DISTRICT ..................... A-1 THE RICHFIELD REDISCOVERED A-2 TAX INCREMENT FINANCING DISTRICT (a redevelopment district) Subsection 1-1. Statutory Authority ADOPTED AUGUST 24,1992 MODIFIED FEBRUARY23,1998 (AS MODIFIED TO ADD THE FOLLOWING ONDECEMBER l4, 2004) The 20031egislationaIlows cities to pool to districts that have deficits caused by class rate compression. The unobligated tax increment collected in the Richfield Rediscovered A-2 Tax Increment Financing (TIF) District will be transferred to the Interstate-Lyndale-Nicollet (the "II;N") Tax Increment Financing District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B. Subsection 1-2. Statement of Objectives (AS MODIFIED DECEMBER 14, 2004) The modification authorizes pooling of tax increment revenues to other City tax increment financing districts that experience deficits due to rate compression between 1997 and 2001 pursuant to M.S., Section 469.1763, Subd. 6. This modification does not (i) increase or reduce the geographic area of the project or district, (ii) increase the amount of bonded indebtedness to be incurred, (iii) increase. the portion of the captured net tax increment to be retained by the authority, or (iv) increase the total estimated tax increment expenditures or designate additional property to be acquired by the authority. The district shall remain in existence until all of the "deficit poolable funds" have been expended as set forth in the plan. The tax increment to be deficit pooled from this district is intended to be used for preexisting obligations in the ILN Tax Increment Financing District. Existing obligations include the $5,075,000 General Obligation Tax Increment Bonds, Series 1996. This bond was refunded by the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B, to achieve a lower interest rate. The preexisting obligations are estimated to be $3,013,633 (principal and interest). It is estimated that up to $1,000,000 in interfundloans/transfers will be financed with tax increment revenues. Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered A-2 TIF District 1-1 i APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED A-2 TIF DISTRICT Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered A-2 TIF District A- I O V V 3 V V V V V V j ^N' y ~ V W p~ q N S 5' .. S S S J 6 N ~ N S S S~ S Cj ~ a V W A W XERXES WASHBURN VINCENT LIPTON N THOMAS SHERIDAN RUSSELL QUEEN PENN OLNER NEWTON MORGAN ~ LOGAN IWOX ~ JAMES m IRVING ~ HUMBOLDT GIRARD FREMONT EMERSON ~ ouPONr CDLFAX BRYANT ALDRICH ^ LYNDALE D ~ GARFIElJ7 N HARRIET rn v GRAND PLEASANT J m r PILLSBURY (n ^ ' • WEMWORTH ~ m BLAISDFIL m Z NICOLLET '-~ O ~ 1st 5TEVENS m znd Z 3b D CLINTON 4th. D sfh PORTLAND O OAIQAND C PARK Z coLUnnBUs D CHICAGO EWOT v D 1~ m 11tH O 121n ~ 13th C 14th _r lstn ~ _OOMINGTON 2 m ,Bih ~ ntn Z tats CEDAR N A ~ Z~ XERXES v WASHBURN- T~J~ VINCENT /V LIPTON THOMAS SHERIDAN RUSSELL ~ OUEEN r PENN v OLNER T NEWTON /~ MORGAN rn LOGAN _v KNOX ~ ~ JAMES IRVING O HUMBOLDT GIRARD rn rn FREMONT r EMERSON 1T7. v DUPONT v CDLFAX ^rn BRYANT X17 ALDRICH ~ /V v LYNDALE ~ rn GARPIELD _~ HARRIET : ` r GRAND ~ O PLEASANT PILLSBURY WENTWORT} ~~ BLAISDELL NICOLLET /~~ 1st ~~ / STEVENS rn ~ ~, 2nd 3b rn O CLINTON tih ith PORTLAND )AFQAND Z :OLUMBUS rn '~ :HICAGO ^ iWOT `~+ olh Z 1111 ~. zln ~~ 3fh '~"' 41h ~:.. sm ~ LOOMINGTO v ~~ >~, ~ Ith SDAR J~ m V A y y V V V V Ol W W W TAX INCREMENT FINANCING PLAN for the modification of the RICHFIELD REDISCOVERED A-3 TAX INCREMENT FINANCING DISTRICT (a redevelopment district) ..within the RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY CITY OF RICHFIELD HENNEPIN .COUNTY STATE OF MINNESOTA Adopted: July 25, 1994 Modified: February 23, 1998 Modified: December 14, 2004 E u L C ~ ~+ Prepared by: FREERS & ASSOCIATES, INC. n G J 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 & ASSOCIATES ~ N c (651) 697-8500 fax: (651) 697-8555 VWUW.ehlers-inc.com TABLE OF CONTENTS (for reference purposes only) THE RICHFIELD REDISCOVERED A-3 TAX INCREMENT FINANCING DISTRICT ...... 1-1 Subsection 1-1. Statutory Authority ................................... 1-1 Subsection 1-2. Statement of Objectives ............... .................. 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED A-3 TIF DISTRICT......... ............. A-1 THE RICHFIELD REDISCOVERED A-3 TAX INCREMENT FINANCING DISTRICT (a redevelopment district) Subsection 1-1. Statutory Authority ADOPTED JULY25, 1994 MODIFIED FEBRUARY23,1998 (AS MODIFIED TO ADD THE FOLLOWING ON DECEMBER I4, 2004) The 20031egislationaIlows cities to pool to districts that have deficits caused by class rate compression. The unobligated tax increment collected in the Richfield Rediscovered A-3 Tax Increment Financing (TIF) District will be transferred to the Interstate-Lyndale-Nicollet (the "ILN") Tax Increment Financing District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B. Subsection 1-2. Statement of Objectives (AS MODIFIED DECEMBER 14, 2004) .The modification authorizes pooling of tax increment revenues to other City tax increment financing districts that experience deficits due to rate compression between 1997 and 2001 pursuant to M.S., Section 469.1763, Subd. 6. This modification does not (i) increase or reduce the geographic area of the project or district, (ii) increase the amount of bonded indebtedness to be incurred, (iii) increase the portion of the captured net tax increment to be retained by the authority, or (iv) increase the total estimated tax increment expenditures or designate additional property to be acquired by the authority. The district shall remain inexistence until alI of the "deficit poolable funds" have been expended asset forth in the plan. The tax increment to be deficit pooled from this district is intended to be used for preexisting obligations in the ILN Tax Increment Financing District. Existing obligations include the $5,075,000 General Obligation Tax Increment Bonds, Series 1996.: This bond was refunded by the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B, to achieve a lower interest rate. The preexisting obligations are estimated to be $3,013,633 (principal and interest). It is estimated that up to $1;000,000 in interfund loans/transfers will be financed with tax increment revenues. Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered A-3 TIF District 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED A-3 TIF DISTRICT Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered A-3 TIF District A- I io >~Rxes WASHBURN VINCENT LIPTON N I THOMAS SHERIDAN RUSSELL QUEEN PENN OLNER NEWTON MORGAN -' LOGAN KNOX JAMES ~ IRVING HUMBOLDT GIRARD FREMONT • EMERSON DUPONT COLFAX BRYANT ALDRICH D TI w LYNDALE \ ~ GARFIEI.D Q HARRIET .., GRAND ' m I v m PLEASANT -- /om~ / y / PILLSBURY ~ G m ' ~JENTWORTH O , 0 BLAISDELL / ~ NICOLLET 1st Z STEVENS ~ ~ 1 D 3rd m CLINTON D 4th 0 5~ ~. C PORTLAND Z oAlaaNo PARK COLUMBUS CHI A C GO Ewor 10th X77 11th O 12th Ti ~ 13th C 14th r 15th ~ 2 _OOMINGTON R1 tsth ~ nth Z 18th 1 CEDAR N ~ Z~ V V O m V W N A Y N V $ O m m J W N ~ ~ N g s s ~ s s a N ~ a s g ~ g s s s a s A .I ~ ~! -I' I I I _ 11.:..._~~ ~z) Ll ,_ ><ER~ES . r ^ ~ °~®~ °~~ L WASHBURN v n ~~ ~~~~ ~~ ~ VINCENT LLL~~~11 I~Iw~~ ^~~~ ~~ L LIPTON 1 ~ r- rHOlvus f-1 ~8~ O L SHERIDAN J ^ ~~~~0~ RUSSELL ~~~~ L OUEEN r } ^^^L~(~^ ^D L OLNER v ~O~~~I I~~O~ J NEWTON /V ^^^^~~~```------~~~''I~~uJL~^^~ III, MORGAN v ^^^^~^^^~ LOGAN _. / ^^^^~~f^^~ ~ KNOx (n _ ^^^^ I^^® U' JAMES ^°n~^^^~~® ~ IRVING O ~~~ ~ \ O~O~ ~ . HUMBOLDT ~~~~~ /~ ~ EMERSON !!7 v ^^D C~ ~ , DUPONT 'v, 1 ~ ^^^oD~Q Q. C®D CDLFAX ~~}~ ~~~~D ~\\\l ~- BRYANT ~ ~ ~ ^ ~~ ~ ~~~~-'~ ALDRICH T v LJ ^ ®~~^DUOc ~jV~ l ^ GARFIELD ~ ~` ~~~I I HARRIET w r ^~^^ ~ GRAND ~ O I ^ ^~~ ^ ~ ~ PLEASANT I ^ ^^^^^ ~ ^^ ~® ~ PILLSBURY J a ~~®~~ ~~ ^® (L~` WENTWORTF C2 BLAISDELL O I- ~ NICOLLET ^^^^~I~^~ ^~ ~ 1st • STEVENS m ^^^^~~~^ O 2nd "_' (~ ~ 3rd ~ O ~, ~~~~~~~~ ~ I- CLINTON ' ~. ~~, ~~~~ PORTLAND ^^^^^^^^^^ oAla_ANO Z ^^o^^^^^^ ~ ~ P~K ^^^^^^^^^^ COLUMBUS . ^^^^^^^O^^ ,L CHICAGO ~\. ^~~^^^^ ^^^ ~ r ELLIOT Z ^^^^^ ^^^ L .10th,. J ^^^^^ ^^^^ ^ „~ ~ -~ ^^^^^^^^^^^^^ ~ ,zur ~ ^^~ ~~^^^^^^~^^ C 13th. ~ ^L~_~~^~~ ^~^ ~.. 14th _ ^^^^~~^~ 15th ~'~.. O~ ~~~ BLOOMINGTO v ^^^^~v~J^^^^^^ 1 m ^^^^~ Q^^^^^^C "~ ^^^oc~^^^^ ^o ;~ ~ OD 0~~ CEDAR V V V V V V V ~ V ~ N Oi p~ p~ OI 4 ~ s 5 ~ g n ., ~ ~ 4 ~ ~ ~ ~ d o TAX INCREMENT FINANCING PLAN for the modification of the RICHFIELD REDISCOVERED A-4 TAX INCREMENT FINANCING DISTRICT (a redevelopment district) within .the : RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY. .CITY OF RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA Adopted: July 10, 1995 Modified: February 23, 1998 Modified: December 14, 2004 E H ~ ~ n ~ Prepared by: EHLERS & ASSOCIATES, INC. ~'( 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 & ASSOCIATES i n c (651) 697-8500 fax: (651) 697-8555 www.ehlerS-inc.com TABLE OF CONTENTS (for reference purposes only) THE RICHFIELD REDISCOVERED A-4 TAX INCREMENT FINANCING DISTRICT ...... 1-1 Subsection 1-1. Statutory Authority .... .................................. 1-1 Subsection 1-2. Statement of Objectives .................................... 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED A-4 TIF DISTRICT ..................... A-1 THE RICHFIELD REDISCOVERED A-4 TAX INCREMENT FINANCING DISTRICT Sa redevelopment district) Subsection 1-1. Statutory Authority ADOPTED JULY 10,1995 MODIFIED FEBRUARY23,1998 (AS MODIFIED TO ADD THE FOLLOWING ONDECEMBER 14, 2004) The 2003 legislation allows cities to pool to districts that have deficits caused by class rate compression. The unobligated tax increment collected in the Richfield Rediscovered A-4 Tax Increment Financing (TIF) District will be transferred to the Interstate-Lyndale-Nicollet (the "ILN") Tax Increment Financing District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B. Subsection 1-2. Statement of Objectives (AS MODIFIED DECEMBER 14, 2004) The modification authorizes pooling of tax increment revenues to other City tax increment financing districts that experience deficits due to rate compression between 1997 and 2001 pursuant to M.S., Section 469:1763, Subd. 6. This modification does not (i) increase or reduce the geographic area of the projector district, (ii) increase the amount of bonded indebtedness to be incurred, (iii) increase the portion of the captured net tax increment to be retained by the authority,. or (iv) increase the total estimated tax increment expenditures or designate additional property to be acquired by the authority. The district shall remain in existence until all of the "deficit poolable funds" have been expended as set forth in the plan. The tax increment to be deficit pooled from this district is intended. to be used for preexisting obligations in the ILN Tax Increment Financing District.. Existing obligations include the $5,075,000 General Obligation Tax Increment Bonds, Series 1996. This bond was refunded by the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B, to achieve a lower interest rate. The preexisting obligations are estimated to be $3,013,633 (principal and interest).. It is estimated that up to $1,000,000 in interfund loans/transfers will be financed with tax increment revenues. Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered A-4 TIF District 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED A-4 TIF DISTRICT Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered A-4 TIF District L~- I 0 fp V ~ 4 a. ~~~ L XERXES WASHBURN ^r ~L \\` VINCENT \ UP70N I THOMAS N SHERIDAN RUSSELL QUEEN 1 PENN 1 OLNEF2 NEWTON MORGAN ~ LOGAN KNOX ~ JAMES r ~ IRVING HUMBOLDT GIRARD FREMONT ` EMERSON J` DUPONT ~ COLFAX BRYANT ALDRICH LYNDALE = GARFlELD D ~ ~ HARRIET I- GRAND 0 PLEA N SA T m Tr PILLSBURY i C (n ~ " WENTWORTH ~ m BLAISDELL / m Z NICOLLET -~ o v ,St STEVENS m ~d Z 3rd D CLINTON 4th D 5th ~ D W PORTLAND O QAKLAND PARK Z COLUMBUS - v D CHICAGO ELLIOT '°"r m „m '~ _` ~ 13th o C DJ 14th ~ lstn n _ LOOMINGTON - - m 1 ~ , V V W tVi~ A W V ~ V ? V O~ O) T Dl ~ tD ~ ~ >: s >: z n n~ ~ N 3 ~ ~ ~ ~ >: s~o. I'. QI 1 I I I I I ~' '~ ~J U ~- XERXES r ^ o °~~~ 00 L WASHBURNv r- ~~ ~o~®~O~~))~ L VINCENT T DD ^O®~ LJL~ L UPTON /~~~/ o~ ® ^ ~ L THOMAS ®O ®o Sul ~ L SHERIDAN 2 ~~O OL RUSSELL ~•, O QUEEN ~~~~~~~ ~~ r PENN v 1 ~~~r~(`~~~ ~~~("~ r OLIVER 1 ~~^~^I'^I~~^^l~~ NEWTON ~~~~ U ~~~~ Imo:. MORGAN rn OD^^~^^^^~ ` LOGAN v~ ^D^^ ~ I^^® C KNOX V/ ~~^^ ~ I~~~ U JAMES /1 ~^ ~ ~L~~^^^^^~ ~ IRVING O HUMBOLDT ~ ~~Q~ ~ cIRARD C (-}~ ~ / FREMONT T I^^U^IR\^ j DU ONTN /`~/ Tv ooolJDo ~ ®. COLFAX v /V O ~ ~1 DO ~\l Q ~_ BRYANT ~` C~~I~~.J~~~O ALDRICH ~ v Otl_J ~ L~~~1~ ® ~ Q LYNDALE ~~~~o~~C ^ GARFIELD .~ HARRIET ^~oo .~ r ~~o~C~E~^^~ GRAND ~ O ^^^^^ _ ~~ ~ PLEASANT `p ~0~~ ~ r~l-'-1 ~®. ~ PILLSBURY r' O~O~ L~~ O III~~~ WENTWORTIX` ~~~~ r-1~ ® ~ BLAISDELL ' __ LJ--_~ III~~~ NICOLLET `//`~~/ ^^^~~^° ^° ~~ 1st ^^~~®^ ~ ZTEVENS C~~~^C7C]^^7^ C 3rd m-~ ^^~~°~~° ~~ L 4thNTON ~ ~.. ^^~ D^Do - Q ~ stn t'1 ~~ ~ ^ ~ ~ ^ PORTLAND ~~~~~~~~~ OAKLAND ~r^~'"'~~^^^~^~~^ W. ~ PARK ^I I^^^^^~^^^^ COLUMBUS. ^^O^^^^^^^ pp ~; .CHICAGO /1 ^^^^^ ~~~~^ 1L ~ ~ ELLIOT `-+ a^^^a ^^^^ It.TT ~ ; m OZ ^^^^^ ^^^ - r ~ 1zm ^^^^^^^(~~^~-1,^^ ~ ~ 13th ~ ^~ ~p^^~I._J^^L^~^ -~~. .14th `~. ^~~^^ ~~~ 15th ~~~~~ O - ^^^^~ BLOOMINGTOv ^~ ^~~ ^ ^OC~^^ ~A CEDAR ~^^^~^^^^ ^^ ~ _ ~. DD ~~O CEDAR r1 N J~/ -1 c s ~ ~ s ~ Sr n n ,p Z TAX INCREMENT FINANCING PLAN . for the modification of the RICHFIELD REDISCOVERED A-5 TAX INCREMENT FINANCING DISTRICT (a .redevelopment district) within the RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY CITY OF RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA Adopted: February 23, 1998 Modified: January 22, 2001 Modified: December 14, 2004. C H L r ~ ~+ Prepared by: EHLERS & ASSOCIATES, INC. G C J 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 & ASS 0 C I A T E S ~ N c (651) 697-8500 fax: (651) 697-8555 www.ehlers-inc.wm TABLE OF CONTENTS (for reference purposes only) THE RICHFIELD REDISCOVERED A-5 TAX INCREMENT FINANCING DISTRICT ...... 1-1 Subsection 1-1. Statutory Authority ........................................ 1-1 Subsection 1-2. Statement of Objectives ............. ..... .............. 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED A-5 TIF DISTRICT ..................... A-1 THE RICHFIELD REDISCOVERED A-5 TAX INCREMENT FINANCING DISTRICT (a redevelopment districfl Subsection 1-1. Statutory Authority ADOPTED FEBRUARY23, 1998 MODIFIED JANUARY22, 2001 (AS MODIFIED TO ADD THE FOLLOWING ONDECEMBER 14, 2004) The 20031egislationaflows cities to pool to districts that have deficits caused by class rate compression. The unobligated tax increment collected in the Richfield Rediscovered A-5 Tax Increment Financing (TIF) District will be transferred to the Interstate-Lyndale-Nicollet (the "ILN") Tax Increment Financing District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B. Subsection 1-2. Statement of Objectives. - (AS MODIFIED DECEMBER 14, 2004) The modification authorizes pooling of tax increment revenues to other City tax increment financing districts that experience deficits due to rate compression between 1997 and 2001 pursuant to M.S., Section 469.1763, Subd. 6. This modification does not (i) increase or reduce the geographic area of the project or district, (ii) increase the amount of bonded indebtedness to be incurred, (iii) increase the portion. of the captured net tax increment to be retained by the authority, or (iv) increase the total estimated tax increment expenditures or designate additional property to be acquired by the authority. The district shall remain in existence until all of the "deficit poolable funds" have been expended as set forth in the plan. The tax increment to be deficit pooled from this district is intended to be used for preexisting obligations in the ILN Tax Increment Financing District. Existing obligations include the $5,075,000 General Obligation Tax Increment Bonds, Series 1996. This bond. was refunded by the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B, to achieve a lower interest rate. The preexisting obligations are estimated to be $3,013,633 (principal and interest).. i It is estimated that up to $1,000,000 in interfundloans/transfers will be financed with tax increment revenues. _ I Richfield HRA Modification to the TIF Plan for the Richfie]d Rediscovered A-5 TIF District 1 _ 1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED A-5 TIF DISTRICT I Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered A-5 TIF District. A-1 ' ~o o m ~ V OI W - m V ~ N A N - V I I ~ il O1 W Of W W ( ~ rS ~ S S rS rS 4 f~S ,m.. N ri Sr rS -S rS N ~ ~ ~ s - a 1 xERXEs WASHBURN VINCENT LIPTON n-IOMAs N SHERIDAN RUSSELL QUEEN PENN OLNER NEWTON MORGAN ~ LOGAN IWOX ~+ JAMES i"' fll IRVING HUMBOLDT GIRARD FREMONT EMERSON DUPONT ~ COLFAX BRYANT ~ ~ ALDRICH -f N ~ LYNDALE 2 GARFlELD D ~ ~ HARRIET ~m r' GRAND PLEASANT ~ " ' Q 1 PILLSBURY ! ~ (~ ~ I,IWENTWORTH '-"~ m ~ BLAISDELL ~<~m m Z NIDDLLET -~ o v ,n ~ SfEVEN6 m g'd Z 3rd '~ CLINTON 4th 5th D PORTLAND O OAKLAND C PARK Z COLUMBUS D CHICAGO ELLIOT ° y 10th m „6, 0 1~ 13th v C tats ~ 15th n _OOMINGTON 16th 17th 7 18th CEDAR N !~ ,p, m ~ m a a ~ n~i , ~ m m ~ m W a of 4 ~ g 4 4 's 'o. ~ 4 ~ g ~ ~ ~ g 3 c ~ Z~ XERXES WASHBURNv VINCENT LIPTON = THOMAS " SHERIDAN 2 RUSSELL ~, , QUEEN PENN v OLNER NEWTON MORGAN rn LOGAN v IWOX ~/~ JAMES vM ~1 IRVING ~ I T HUMBOLDT O ~i GIRARD G - FREMONT T EMERSON /~~ v DUPONi v COLFAX /~ BRYANT ~\ ALORICH ~ Q LYNDALE `~ GARFIELD ~. HARRIET ~-//~w~ rn GRAND V ~ O PLEASANT PILLSBURY WENTWORTF BulsoEU Z RI NICOLLET 1gc ~ -1 STEVENS 2nd 3rd O CLINTON 1~ rn ith PORTLAND _~` )AKLAND ZZ 'ARK L :OLUMBUS rn :HICAGO SWOT ..~ tnn Z 11n ztn ,.,~ stn -••' atn ~ stn ~..i LOOMINGTOv ifh ~~ th ?DAR - \\~ TAX INCREMENT FINANCING PLAN for the modification of the RICHFIELD REDISCOVERED B-1 TAX INCREMENT FINANCING DISTRICT (a .redevelopment district). . withinthe RICHFIELD REDEVELOPMENT PROJECT AREA '~ RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY CITY OF RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA ..Adopted: July 23, 1990 Modified: February 23; 1998 Modified: December 14, 2004. - E H L E R ~` Prepared by: FREERS & ASSOCIATES, INC. v 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 & .ASS 0 C I A T E 5 i N c (651) 697-8500 fax: (651) 697-8555 www.ehler5-inc.com TABLE OF CONTENTS. (for reference purposes only) THE RICHFIELD REDISCOVERED B-1 TAX INCREMENT FINANCING DISTRICT ...... 1-1 Subsection 1-1. Statutory Authority ...................................... 1-1 Subsection 1-2. Statement of Objectives .................. ............... 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED B-1 TIF DISTRICT ..................... A-1 THE RICHFIELD REDISCOVERED B-1 TAX INCREMENT FINANCING DISTRICT (a redeveloament districtl - Subsection 1-1. Statutory Authority ADOPTED JULY 23,1990 MODIFIED FEBRUARY23,1998 (AS MODIFIED TO ADD THE FOLLOWING ONDECEMBER l4, 2004) The 20031egislationaIlows cities to pool to districts that have deficits caused by class rate compression. The unobligated tax increment collected in the Richfield Rediscovered B-1 Tax Increment Financing (TIF) District will be transferred to the Interstate-Lyndale-Nicollet (the "ILN") Tax Increment Financing District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B. Subsection 1-2. Statement of Objectives (AS MODIFIED DECEMBER 14, 2004) The modification authorizes pooling of tax. increment revenues to other City tax increment fmancing districts that experience deficits due to rate compression between 1997 and 2001 pursuant to M.S., Section 469.1763, ' Subd. 6. This modification does not (i) increase or reduce the geographic area of the projector district, (ii) increase the amount of bonded indebtedness. to be incurred, (iii) increase the portion of the captured net tax increment to be retained by the authority, or (iv) increase the total estimated tax increment expenditures or designate additional property to be acquired by the authority. The district shall remain in existence until all of the "deficit poolable funds" have been expended as set forth in the plan. The tax increment to be deficit pooled from this district is intended to be used for preexisting obligations in the ILN Tax Increment Financing District. Existing obligations include the $5,075,000 General Obligation Tax Increment Bonds, Series 1996. This bond was refunded by the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B, to achieve a lower interest rate. The preexisting obligations are estimated to be $3,013,633. (principal and interest). It is estimated that up to $1,000,000 in interfund loans/transfers will be financed with tax increment revenues Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered B-1 TIF District 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED B-1 TIF DISTRICT ~. i i Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered B-1 TIF District A-1 0 V V m V ~ V V V +NV ~ V ~ V 0 my n ~ $ $ J $ ~ C N ~. ~ rS ~ ~ } 4 4 C 4~Wi N XERXES WASHBURN VINCENT LIPTON N THOMAS SHERIDAN RUSSELL OUEEN PENN OLNER NEWTON MORGAN ~ LOGAN IWOX ~ JAMES m IRVING ~ HUWffiOLDT GIRARO FREMOIJT EMERSON DUPONT • COLFAX BRYANT ALDRICH (") LYNDALE ~ ,= GARFIELD ~ m HARRIET v GRAND n ~ PLEASANT m r PILLSBURY ~ m ^WENTWORTH G : m BLAISDELL m Z NICOLLET ""~ O ~ 1st STEVENS m 2nd Z 3rd D CLINTON 4th D sm PORTLAND O OAIQAND C PARK Z COLUMBUS D CHICAGO v ~ ELLIOT ~ 10th m „tn O 12tlt ~ 13th C 14th ~ lstn _ _OOMINGTON D 16th ~ 1~th v. 1t!<h CEDAR N A O Z~ XERXES ` WASHBURN v VINCENT LIPTON ^ THOMAS `T+ SHERIDAN RUSSELL = QUEEN PENN v OLIVER T NEWTON /V MORGAN rn LOGAN Q IWOX ~ ~ JAMES IRVING 2 HUMBOLDT O ~+~r GIRARD ` ~~ mrn FREMONT EMERSON rn v DUPONT v COLFAX /V ^m BRYANI' ~}7 ALDRICH /Y Tv LYNDALE ~ ^ •i GARFIELO ~ T rn HARRIET 1 ~1 GRAND O PLEASANT. PILLSBURY 2 uYENTWORTF ~+ 3LAISDELL ~~ rn JICOLLE7 Z st `~, iTEVENS rn nd rd FO LINTON ~ `~~ m h DRTLAND NQ_AND Z aRlC )LUMBUS rn iICAGO A 1\ LOT - `~~, ~/ th Z to h h n ~ ]OMINGTOv i )AR ^~ s s '4 ~ ~ g ~ ~ ° ° m ~ H ~ u m n TAX INCREMENT.FINANCING PLAN for the modification of the RICHFIELD REDISCOVERED B-2 TAX INCREMENT FINANCING DISTRICT (a redevelopment district) ..within the RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY CITY OF RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA Adopted: August 24, 1992 Modified; Februaxy 23, 1998 Modified: December 14, 2004 C ~,J ~ C p ~+ Prepared by: FREERS & ASSOCIATES, INC., G I7 G I\ J 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 & ASS 0 C I A T E S ~ N c (651) 697-8500 fax: (651) 697-8555 www.ehlers-inc.com TABLE OF CONTENTS (for reference purposes only) THE RICHFIELD REDISCOVERED B-2 TAX INCREMENT FINANCING DISTRICT ...... 1-1 Subsection 1-1. Statutory Authority :....................................... 1-1 Subsection 1-2. Statement ofi Objectives ................................. 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED B-2 TIF DISTRICT ..................... A-1 THE RICHFIELD REDISCOVERED B-2 TAX INCREMENT FINANCING DISTRICT (a redevelopment district) Subsection 1-1. Statutory Authority ADOPTED AUGUST 24,1992 MODIFIED FEBRUARY23,1998 (AS MODIFIED TO ADD THE FOLLOWING ON DECEMBER 14, 2004) The 20031egislationaIlows cities to pool to districts that have deficits caused by class rate compression. The unobligated tax increment collected in the Richfield Rediscovered B-2 Tax Increment Financing (TIF) District will be transferred to the Interstate-Lyndale-Nicollet (the "ILN") Tax Increment Financing District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B. Subsection 1-2. Statement of Objectives: (AS MODIFIED DECEMBER 14, 2004) The modification authorizes pooling of tax increment revenues to other City tax increment financing districts that experience deficits due to rate compression between 1997 and 2001 pursuant to M.S., Section 469.1763, Subd. 6. This modification does not (i) increase or reduce. the geographic area of the project or district, (ii) increase the amount of bonded indebtedness to be incurred, (iii) increase the portion of the captured net tax. increment to be retained by the authority, or (iv) increase the total estimated tax increment expenditures. or designate additional property to be acquired by the authority.. The district shall remain in existence until all of the "deficit poolable funds" have been expended as set forth in the plan. The tax increment to be deficit pooled from this district is intended to be used for preexisting obligations in the ILN Tax Increment Financing District. Existing obligations include the $5,075,000 General Obligation Tax Increment Bonds, Series 1996. This bond was refunded by the. $2,460,000 Taxable. General Obligation Tax Increment Refunding Bonds, Series 2002B, to achieve a lower interest rate. The preexisting obligations are estimated to be $3,013,633. (principal and interest). It is estimated that up to $1,000,000 in interfundloans/transfers will be financed with tax increment revenues. Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered B-2 TIF District APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED B-2 TIF DISTRICT Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered B-2 TIF District A-1 0 V - V m ~ S V V S V A -S V N _ S - ~ J N 6 w `~ V 13 .w. s S !3 4V4 TJ tdQ C~ Oi "S ~ r m mm C ~ A 4~~1 XERXE$ WASHBURN VINCENT UPTON ~ THOMAS Al SHERIDAN RUSSELL QUEEN PENN OLNER NEWTON MORGAN ~ LOGAN IQJOX JAMES r m IRVING HUMBOLDT GIRARD FREMONT EMERSON DUPONT ~ COLFAX BRYANT ALDRICH LYNDALE ~ = GARFIELD N m HARRIET r' GRAND ~ ^ PLEASANT. m ~~T"1" PILLSBURY ~ 0 ~ ^ wENTNORTii ~ < ; tail BLAISD~LL r Z NICOLLET O Q let ~ STEVENS m Z 9M CLINTON ~j7 5Th D PORTLAND O OAKLAND C PARK Z COLUMBUS D CHICAGO ~I EWOT D ~ 1lHh m ,,,h p 121h ~ 131h C 14Th _W 151h n _OOMINGTON = 16th _~ 17th Z 18th 1 CEDAR Z XERXES . WASHBURN v VINCENT UPTON ~ rI1oMAS SHERIDAN RUSSELL T~ QUEEN PENN v OLIVER NEWTON MORGAN m LOGAN v KNOX ~/~ JAMES v/1~ IRVING O T -HUMBOLDT I i~ GIRARD m m FREMONr EMERSON. ~ v DUPONT v COLFAX BRYANT ^~ m ALDRICH ~ v LYNDALE ~~ GARFlELD : ~ C. HARRIET ~ ITI GRAND _N O PLEASANT PILLSBURY NENTWORTF ~. 3LPJSDELL JICOLLE7 st '!"' I'fEVENS nd rn TI N T~ O UNION - •! • ~. h `7 /mom h ~"'~ ` / DRTLAND _~` I1IQAND ~ ~J p TRIG ~ /77G,/ )LUMBUS rn iICAGO 110T _ ~. ~, h h ~„~ h ~~ h `=1 )OMINGTO v i ~~ 1 )AR • / m v m a a of ~ , V m Wm m of TAX INCREMENT. FINANCING PLAN for the modification of the RICHFIELD REDISCOVERED B-3 TAX INCREMENT FINANCING DISTRICT (a redevelopment district) within the RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY CITY OF RICHFIELD HENNEPIN COUNTY .STATE OF MINNESOTA _I Adopted: July 25, 1994 Modified: February 23, 1998 Modified: December 14, 2004 E H L E Prepared by: FREERS & ASSOCIATES, INC. R ~ 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 a ASS 0 C I A T E S ~ N c (651) 697-8500 fax: (651) 697-8555 wuvw.ehlers-inc.com TABLE- OF CONTENTS (for reference purposes only) THE RICHFIELD REDISCOVERED B-3 TAX INCREMENT FINANCING DISTRICT ...... 1-1 Subsection 1-1. Statutory Authority .................................... 1-1 Subsection 1-2. Statement of Objectives .. ............................... 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED B-3 TIF DISTRICT ..................... A-1 THE RICHFIELD REDISCOVERED B-3 TAX INCREMENT FINANCING DISTRICT (a redevelopment districtl Subsection 1-1. Statutory Authority ADOPTED JULY25,1994 MODIFIED FEBRUARY23, 1998 (AS MODIFIED TO ADD THE FOLLOWING ON DECEMBER I4, 2004) The 2003 legislation allows cities to pool to districts that have deficits caused by class rate compression. The unobligated tax increment collected in the Richfield Rediscovered B-3 Tax Increment Financing (T1F) District will be transferred to the Interstate-Lyndale-Nicollet (the "ILN") Tax Increment Financing District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B. Subsection 1-2. Statement of Objectives (AS MODIFIED DECEMBER 14, 2004) The modification authorizes pooling of tax increment revenues to other City tax increment financing districts that experience deficits due to rate compression between 1997 and 2001 pursuant to M.S., Section 469.1763, Subd. 6. This modification does not (i) increase or reduce the geographic area of the project or district, (ii) increase the amount of bonded indebtedness to be incurred, (iii) increase the portion of the captured net tax increment to be retained by the authority, or (iv) increase the total estimated tax increment expenditures or designate additional property to be acquired by the authority. ,The district shall remain in existence until all of the "deficit poolable funds" have beenexpended as set forth in the plan. The tax increment to be deficit pooled from this district is intended to be used for preexisting obligations in the ILN Tax Increment Financing District.. Existing obligations include the $5,075,000 General Obligation Tax Increment Bonds, Series 1996. This bond was refunded by the $2,460,000 Taxable General'Obligation Tax Increment Refunding Bonds, Series 2002B, to achieve a lower interest rate. The preexisting obligations are estimated to be $3,013,633 (principal and interest). It is estimated that up to $1,000,000 in interfundloans/transfers will be financed with tax increment revenues. Richfield HRA Modification to the TtF Plan for the Richfield Rediscovered B-3 T1F District APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED B-3 TIF DISTRICT -I I Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered B-3 TIF District A-1 ~o V V m V V V V V V .~. V Q n .. ~ XERXES WASHBURN VINCENT UPTON N THOMAS I SHERIDAN RUSSELL QUEEN PENN OLIVER NEWTON MORGAN -' LOGAN INIDX JAMES 1" m IRVING • 'HUMBOLDT GIRARD FREMONT EMERSON DUPONT • COLFAX BRYANT ALDRICH l LYNDALE = GARFlELD W ~ ~ Wm HARRIET r GRAND ~ ~ ~ PLEASANT Q rn r PILLSBURY _ (n Q m WENTWORTH m < ~ BLAISDELL ~ Z NICOLLET ~ o v ,~ SrEVENS 1 2nd Z 3rd CLINTON 4th D 5th - POR7IAND - O OAIQAND C PARK Z COLUMBUS D CHICAGO -o ELLIOT v -G ~ y 101h m 11m ~ 121h ~ ~~ C 14th W r_ Ism n _OOMINGTON 16Yh ~ 17th z 18th ~~ CEDAR .:i N ~ .. O Z~ XERXES WASHBURN v VINCENT UPTON THOMAS `~+ SHERIDAN RUSSELL '~ QUEEN ~ • PENN v OLNER NEWTON MORGAN LOGAN v ~ Iwox JAMES IRVING HUMBOLDT O GIRARD ~` m PREMONr r EMERSON ~ v DUPONT v COLFAX /V BRVANT T rn ALDRICH ~ Q LYNDALE `~ GARFlELD C -HARRIET GRAND O PLEASANT PILLSBURY WENTWORTI BLAISDFIL Z m NICOLLET 1ffi -t. STEVENS 2nd !M ~ 0.~'. Im NTON ~ . `, ith ~ J~ 'ORTLAND ~ ^ )AIQAND i~ bLUMBUS m :HICAGO ~ -~ wor mh Z ,m 21h ~~^ itlt {th ~.. .OOMINGTO v- m ~"~ th ~~ m T :DAR ^~N T ~ s a r~.+ ~ ~ 3 ~ rn v m rmii a m ~ ~ ~ TAX INCREMENT FINANCING PLAN for the modification of the RICHFIELD REDISCOVERED B-4 TAX INCREMENT FINANCING DISTRICT (a redevelopment district) within the.. RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY CITY OF.RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA Adopted: July 10, 1995 Modified: February 23, 1998 Modified: December 14, 2004 i 1 ~ R ~` Prepared by: EHLERS & ASSOCIATES, INC. 1 `N 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 & ASSOCIATES ~ N c (651) 697-8500 fax: (651) 697-8555 wvuw.ehlers-inc.COm TABLE OF CONTENTS (for reference purposes only) THE RICHFIELD REDISCOVERED B-4 TAX INCREMENT FINANCING DISTRICT ...... 1-1 Subsection 1-1. Statutory Authority ............................ 1-1 Subsection 1-2. Statement of Objectives ................................... 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED B-4 TIF DISTRICT ..................... A-1 THE RICHFIELD REDISCOVERED B-4 TAX INCREMENT FINANCING DISTRICT a redevelo went district Subsection 1-1. Statutory Authority ADOPTED JULY10, 1995 MODIFIED FEBRUARY23,1998 (AS MODIFIED TO ADD THE FOLLOWING ON DECEMBER I4, 2004) The 20031egislationaIlows cities to pool to districts that have deficits caused by class rate compression. The unobligated tax increment collected in the Richfield Rediscovered B-4 Tax Increment Financing (T1F) District will be transferred to the Interstate-Lyndale-Nicollet (the "ILN") Tax Increment Financing District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B. Subsection 1-2. Statement of Objectives (AS MODIFIED DECEMBER 14, 2004) The modification authorizes pooling of tax increment revenues to other City tax increment financing districts that experience deficits due to rate compression between 1997 and 2001 pursuant to M.S., Section 469.1763, Subd. 6. This modification does not (i) increase or reduce the geographic area of the projector district, (ii) increase the amount of bonded indebtedness to be incurred, (iii) increase the portion of the captured net tax increment to be retained by the authority, or (iv) increase the total estimated tax increment expenditures or designate additional property to be acquired by the authority. The district shall. remain in existence until all. of the "deficit poolable funds" have been expended as set forth in the plan. The tax increment to be deficit pooled from this district is intended to be used for preexisting obligations in the ILN Tax Increment Financing District. Existing obligations include the $5,075,000 General Obligation Tax Increment Bonds, Series 1996. This bond was refunded by the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B, to achieve a lower interest rate. The preexisting obligations are estimated to be $3,013,633 (principal and interest). It is estimated that up to $1,000,000 in interfundloans/transfers will be financed with tax increment revenues Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered B-4 TIF District 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED B-4 TIF DISTRICT i Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered B-4 TIF District A- j ~o XERXES WASHBURN VINCENT LIPTON N THOMAS SHERIDAN RUSSELL QUEEN PENN OLNER NEWTON MORGAN i LOGAN KNOX ~, JAMES m IRVING HUMBOLDT GIRARD FREMONT EMERSON DUPONT • COLFAX i BRYANT ALDRICH (~ LYNDALE T GARFIELD ~ 'HARRIET ~m ,~ 0 cliANo -~ PLEASANT ..7 m r PILLSBURY m ^ WENTWQRTH i m BWSDELLBLAISDELL ~ Z NICOLLET ~ o v ,St STEVENS m ~"° Z 3rd CLINTON 4th m 6th D PORTLAND O ~ OAKLAND C PARK Z COLUMBUS D CHICAGO ELLIOT D 101h ~ 11th m O 12n, ~ 13Cr C 14th W 15th r_ C) _OOMINGTON = 16th m ~ ntn Z 18th ~ CEDAR .J A ~ Z~ XERXES v WASHBURN VINCENT ~ LIPTON THOMAS SHERIDAN RUSSELL ~ QUEEN 1r, , PENN v OLiVER NEWTON MORGAN v LQGAN ~ KNOX JAMES IRVING O HUMBOLDT / ` ~ GIRARD rn m FREMONi r EMERSON rn v DUPONT v QQLPAX ~\ BRYANT sT1 v ALDRICH /ti rn LYNDALE ~-•~ GARFIELD W rn HARRIET ' ~ O GRAND J PLEASANT ^ PILLSBURY WENTWORTF BLAISDELL ~ NICOLLET 1st STEVENS rn. zed ~ ~ 3rd :.0... CIINTON 4,n rn 5th ~.. PORTLAND JAKLAND ~~j °ARK L :OLUMBUS rn 3HICAGO °_LLI07 I Dtli Z Nth zm Y + 9th 4th ~ 5th ,. `• , LOOMINGTO 6th xh snt EDAR ~. A.r~ 4 S g ~ ~ ~ a .. ~~ g 4 ~ ~ ~ a a y V V O _ m V OVl tVlr A fVJ ~ ~ V ~ O r ~ m V ~ m pad Ol 0 ~ S 3 rS ~S tS ~S 6 N .~. N "s "S rS ~ rS ~ S 6 G TAX INCREMENT FINANCING PLAN for the modification of the RICHFIELD REDISCOVERED B-5 TAX INCREMENT FINANCING DISTRICT (a redevelopment. district) within the J RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY CITY OF RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA Adopted: February 23, 1998 Modified: January 22, 2001 Modified: December 14, 2004 u ~ C Q C` Prepared by: EHLERS & ASSOCIATES, INC. 1 ' 1..' ` J 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 & ASS 0 C I A T E S I n c (651) 697-8500 fax: (65.1) 697-8555 vwvw.ehlers-inacom TABLE OF CONTENTS (for reference purposes only) THE RICHFIELD REDISCOVERED B-5 TAX INCREMENT FINANCING DISTRICT ...... 1-1 Subsection 1-1. Statutory Authority .... ............. ............... 1-1 Subsection 1-2. Statement of Objectives ................................... 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED B-5 TIF DISTRICT .........:........... A-1 THE RICHFIELD REDISCOVERED B-5 TAX INCREMENT FINANCING DISTRICT (a redevelopment districtl Subsection 1-1. Statutory Authority ADOPTED FEBRUARY23,1998 MODIFIED JANUARY22, 2001. (AS MODIFIED TO ADD THE FOLLOWING ONDECEMBER 14, 2004) The 20031egislationaIlows cities to pool to districts that have deficits caused by class rate compression. The unobligated tax increment collected in the Richfield Rediscovered B-5 Tax Increment Financing (T1F) District will be transferred to the Interstate-Lyndale-Nicollet (the "ILN") Tax Increment Financing District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B. Subsection 1-2. Statement of Objectives (AS MODIFIED DECEMBER I4, 2004) The modification authorizes pooling of tax increment revenues to other City tax increment financing districts that experience deficits due to rate compression between 1997 and 200.1 pursuant to M.S., Section 469.1763, Subd. 6. This modification does not (i) increase or reduce the geographic area of the project or district, (ii) increase the amount of bonded indebtedness to be incurred, (iii). increase the portion of the captured net tax increment to be retained by the authority, or (iv) increase the total estimated tax increment expenditures or designate additional property to be acquired by the authority. The district shall remain in existence until all of the "deficit poolable funds" have been expended as set forth in the plan. The tax increment to be deficit pooled from this district is intended to be used for preexisting obligations in the ILN Tax Increment Financing District. Existing obligations include the $5,075,000 General Obligation.' Tax Increment Bonds, Series 1996. This bond was refunded by the $2,460,000 Taxable General Obligation i Tax Increment Refunding Bonds, Series 2002B, to achieve a lower interest rate. The preexisting obligations are estimated to be $3,013,633 (principal and interest). I It is estimated that up to $1,000,000 in interfundloans/transfers will be financed with tax increment revenues. i i Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered B-5 TIF District _ APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE RICHFIELD REDISCOVERED B-5 TIF DISTRICT I i I I i i I Richfield HRA Modification to the TIF Plan for the Richfield Rediscovered B-5 TIF District [~-I ~o V V m V A tVll A ~ N ~ V ~ V ~ m Ol A N p~ Of Ol d S S S S S S 6 N ,. N S ~ S - ~' S S J 6 n - XERXES - v WASHBURN~ VINCENT _ LIPTON THOr,~AS SHERIDAN RUSSELL ~ QUEEN ,'"„ PENN v OLIVER NEWTON m MORGAN v LOGAN ~ T KNOX JAMES IRVING O HUMBOLDT / GIRARD rn m F'REMONT r EMERSON m v_ DUPONT v coIFAX ,,,~ m BRYANT ~ v ALDRICH T m LYNDALE /`~+ ~. GARFIELD ~ m - HARRIET ~ w r GRAND ~ O PLEASANT ~. .PILLSBURY WENTWORTF m BIAISDFIL NICOLLET ^ 1st STEVENS ~ V. 2nd 3rd ~ O CLINTON 4th 5th PORTLAND oawANO z PARK COLUMBUS `m CHICAGO ^ =_LLIOT IOtlr 11th i2tn ~ 3th r_ 4th sth ~' ILOOMINGTOv - ~, tR ~th ~ Ott,- ~ EDAR ~` , XERXES WASHBURN VINCENT LIPTON ~ I ~t j THOMAS - SHFRIDAN RUSSELL QUEEN PENN 1 OLIVER NEWTON MORGAN ~ LOGAN IWOX r- JAMES m ~ IRVING HUMBOLDT GIRARD FREMONT EMERSON ~ DUPONT COLFAX BRYANT ALDRICH LYNDALE ~= GARFIFID \ CJ7 m HARRIET "~ r GRAND ,, v ~ PLEASANT ~ ~, ~ m m PILLSBURY m ~VENTWORTH m BWSDELL O v NICOLL~ j STEVENS (T'~ 2nd Z Z I "'' 3rd CLINTON 4th 5th PORTLAND - 0 OAKLAND C PARK v COLUMBUS D CHICAGO -~ ~ ~ ELLIOT ~ ~~ m _ „th ~ ,zth ~ ~ 13th C 14th W ~ stn n _ _OOMINGTON -~ D 16Yn ~ ,nth Z ,Btn -~, CEDAR .J l~ Z~ m ~ " V v ~ V ~ ~ ~ rn m W rA - TAX INCREMENT FINANCING PLAN for the modification of the INTERCHANGE TAX INCREMENT FINANCING DISTRICT (a redevelopment district) within the RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY.. CITY OF RICHFIELD HENNEPIN COUNTY - STATE OF MINNESOTA Adopted: October 28, 1996 Modified: December 14, 2004 ...E u ~ ~ p ~+ Prepared by: EHLERS 8~ ASSOCIATES, INC. G fl 11 J 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1.105 & ASS 0 C I A T E S I n c (651) 697-8500 fax: (651) 697-8555 www.ehlers-inacom TABLE OF CONTENTS (for reference purposes only) THE INTERCHANGE TAX INCREMENT FINANCING DISTRICT ..................... 1-1 Subsection 1-1. Statutory Authority ........................................ 1-1 Subsection 1-2. Statement of Objectives ................................... 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE INTERCHANGE TIF DISTRICT ....... ~ .............. ............. A-1 THE INTERCHANGE TAX INCREMENT FINANCING DISTRICT (a redevelopment district) Subsection 1-1. Statutory Authority ADOPTED OCTOBER 28,1996 (AS MODIFIED TO ADD THE FOLLOWING ONDECEMBER 14, 2004) The 20031egislationaIlows cities to pool to districts that have deficits caused by class rate compression. The unobligated tax increment collected in the Interchange Tax Increment Financing (T1F) District will be transferred to the Interstate-Lyndale-Nicollet (the "ILN") Tax Increment Financing District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B. Subsection 1-2. Statement of Objectives (AS MODIFIED DECEMBER 14, 2004) The modification authorizes pooling of tax increment revenues to other City tax increment financing districts that experience deficits due to rate compression between 1997 and 2001 pursuant to M.S., Section 469.1763, Subd. 6. This modification does not (i) increase or reduce the geographic area of the project or district, (ii) increase the amount of bonded indebtedness to be incurred, (iii) increase the portion of the captured net tax increment to be retained by the authority, or (iv) increase the total estimated tax increment expenditures or designate additional property to be acquired by the authority. The district shall remain in existence until all of the "deficit poolable funds" have. been expended as set forth in the plan. The tax increment to be deficit pooled from this district is intended to be used for preexisting obligations in the ILN Tax Increment: Financing District. Existing obligations include the $5,075,000 General Obligation. Tax Increment Bonds, Series 1996. This bond was refunded by the $2,460,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2002B, to achieve a lower interest rate. The preexisting obligations. are estimated to be $3,013,633 (principal and interest). It is estimated that up to $1,000,000 in interfundloans/transfers will be financed with tax increment revenues Richfield HRA Modification to theTlF Plan for the Interchange TIF District 1-1 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE INTERCHANGE TIF DISTRICT ~ 0 V V O m V VT N A W N r V r V ~ ~ N ~ N A ~ N ~ ~ a ~~ ~ J a U ti - - xERxes r WASHBURN r~ ~o o L ~~ ~ VINCENT L UP7ON ~ ~ L THOMAS r SHERIDAN c1r RUSSELL L QUEEN PENN ~~ L ~~~ r owER 0 - NEWTON ~ MORGAN '~J ` lO® ~ (~ O u II ~` LOGAN KNOX L_ JJ C ~ - O ~ V JAMES ~ L~ - 1 IRVING ~ r 7~ L-~ ,\ HUMBOLDT ~ GIRARD `y G~ ~"p FREMONT EMERSON DUPONT (((/~~~ Ym, COLFAX BRYANT J ~ rn ALDRICH v LYNDALE GARFIELD /~ j` + HARRIET T GRAND ~ O r~ PLEASANT ~ ~ ~ PILLSBURY rn O WENTWORTf Z ® BLAISDELL _ ~ ~ Z NICOU.Ef 1st ~~ STEVENS 2nd - 1~7~~7 O ~ 3rd L / `. L CLINTON 4th . Z rn `/~+ ~ ~Q ~. 5th ,~ ^ PORTLAND OAKLAND Z PARK COLUMBUS v CHICAGO ~` ELLIOT /A IL- 70th ~ _ ~ Imo- 11th r 12th `` ~~ 13th 14th ~O 1stn ~O - BLOOMINGTO .16th.. ~C ,7th 18th ~O CEDAR I_ ~ xERxes WASHBURN VINCENT UPTON I _ THOMAS.. ~t j SHERIDAN RUSSELL QUEEN PENN ouvER NEWTON MORGAN ~ LOGAN KNOX JAMES m IRVING ~ HUMBOLDT GIRARD FREMONT EMERSON DUPONT COLFAX BRYANT ALDRICH LYNDALE GARFlELD HARRIET ~ GRAND TI PLEASANT '. ~ ~ PILLSBURY fJI D WENTWORTH J Z BLAISDELL G~ NICOLLEr 1st ~ STEVENS J Q 2~ 1I (n Std CLINTON 4th "'~ 5th -~ PORTLAND. OAKLAND PARK COLUMBUS CHICAGO D ELLIOT m ,06, ~ 11th ~'I ~ 12th C 13th r .lath n _ -.15th D LOOMINGTON ._~ 16th Z 17th J 18th ,,;> N CEDAR .P 0 Z~ V VV V V V mm 00 V Of LT A W N V p ~ m V W~ ~ A W T Hennepin County Taxpayer Services • --- A-600 Government Center Minneapolis MN 55487-0060 www.hennepin.us '~1 December 3, 2004 Sid Inman Ehlers & Associates, Inc. 3060 Centre Pointe Drive Roseville, MN 55113-1105 DEC - : ._ Re: Richfield TIF District Modifications for Pooling to ILN Redevelopment TIF District Dear Mr. Inman: Enclosed is a report from Richard P. Johnson, Hennepin County Deputy Administrator, to the Hennepin County Board of Commissioners, concerning the proposed Richfield TIF District Modifications for Pooling to the ILN Redevelopment TIF District. Please arrange to have the report entered into the record of the public hearing of the Richfield City - Council on Tuesday, December 14, 2004, to reflect the input of Hennepin County, as provided by Minnesota Statutes, Section 469.175, Subd. 2. If you have any questions about this information, please call me at 612-348-5076. Sincerely, ~ ~~~ Jean M. Bierbaum, Senior Administrative Assistant Administrative Services Division Cc: Katia Medvetski and Bruce Palmborg, City of Richfield, 6700 Portland Avenue South, Richfield, MN 55423 RewRichfieldModstolLN 12142004JTransmittalLetter lam) An Eq~o! Opportunity Emp: Oyer - . _ ~ - _ _ _ _ _ Recycled Pgper ~`~Memo v~~ L~ Ra7drd Papa DATE: December 3, 2004 TO: Board of County Commissioners !D L6C D D FROM: Richard P. Johnson, Deputy County Administrator ~~ SUBJECT: Modifications for Poolin to Richfield Interstate-L ndale-Nicollet TIF District Public Hear'ng Date: December 14, 2004, at 6:30 p.m. at the Richfield City Hall. HISTORY: The Richfield Interstate-Lyndale-Nicollet (ILN) Redevelopment TIF District was created on 11/12/1985 and received its' first tax increment in 1987. The TIF District has been modified several times, beginning in 1999 when 20 parcels were decertified. On March 13, 2000, the ILN TIF Plan budget was modified to reflect increased tax increment revenue of $2,750,000; to authorize spending ILN tax increment of $2,750,000 for the Lyndale Gateway Project; and to authorize issuance of G.O. bonds in a principal amount NTE $2,000,000. 4pril 23, 2001, the ILN TIF Plan budget was modified to decertify 11 parcels from the TIF District and to adjust the projected tax increment down from $86,050,000 to $82,537,000. The overall revenues remained unchanged but increased.. revenue was projected to come from Interest on Invested Funds, Real Estate Sales, Special Assessments and Rent Lease Revenue to offset losses in T.I and other revenue line items. Overall expenditures remained unchanged but line item reallocations were made. On April 9, 2003, Hennepin County received a proposal to modify the ILN TIF Plan budget to loan tax increment of $1 100 to the Lyndale Gateway West TIF District to assist development of )oft-style condominiums, two-story townhomes, 27,000,000 33,000 sq.ft. of retail and office space; and reconstruct Lyndale Avenue with landscaping, lighting and sidewalk furniture. CURRENT MODIFICATION PROPOSALS: .-,a li~iersiaie-Lyndale-tvicollet TIF District: The 3/13/2000 Modification took excess increment away from ILN and gave it to other TIF Districts in Richfield. ILN is now experiencing an annual deficit of $1,553,961 due to class rate compression between 1997 - 2003 and, rather than giving away increment, it needs assistance from other TIF Districts. This modification authorizes the ILN TIF District to receive pooled tax increment from other TIF Districts, pursuant to M.S. 469.1763, Subd. 6. Modifications to other TIF Districts that will transfer revenue to the ILN: The unobilgated tax increment collected in the 11 TIF Districts identified below will be transferred to the ILN TIF District. Tax Increment from the ILN will be utilized to pay the principal and interest on the $2,460,000 Taxable General Obligation Tax increment Refunding Bonds, Series 20028. Preexisting obligations are estimated to be $3,013,633 (principal and interest). The districts shall`remain in existence until all of the "deficit poolable funds" have been expended as set forth in the plan. Tax increment will.. be transferred to ILN from the Interchange TIF District and the A-1 through A-5 and B-1 through B-5 Richfield Rediscovered TIF Districts. SUMMARY: These technical modifications reverse the pooling of excess increment from ILN and authorize other Richfield T'~ Districts to begin pooling their excess increment into the ILN TIF District. The TIF Distracts pooling to the ILN TIF District ~ amain in existence longer than would be necessary to satisfy their own debt service. Therefore, the modifications for pooling do not satisfy the Hennepin County Board of Commissioners'. preference for use of tax increment financing, as identfied in Resolution 92-10-917R1, adopted 10/27/92. A copy of this report will be sent to the Richfield Housing and Redevelopment Authority with a request that it be entered into the record of the public hearing scheduled for Tuesday, December 14, 2004, to reflect the County's position on this proposal. F2ewF2ichfie~dModstor-LN1214zoo4,1 AGENDA SECTION: Consent AGENDA ITEM # gi REPORT # 211 STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 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. 30 BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a request from the State of Minnesota to review the request for a new currenc exchan a license for Unbank Com an LLP, 6421 Penn Avenue South. I. RECOMMENDED ACTION: By Motion: • Approve a request for a new currency exchange license for Unbank Company, LLP, 6421 Penn Avenue South. II. BACKGROUND On October 17, 2004, the City received notification from the State of Minnesota, Department of Commerce, of a new application for a currency exchange license in the name of Unbank Company LLP, 6421 Penn Avenue South. All of the information required by the State of Minnesota has been provided by Unbank Company LLP. In addition, the background investigation conducted by the Bureau of Criminal Apprehension found no information on the applicants, Gary A. Dachis and Stuart D. Tapper. 1214 Unbank Company Currency License There were no Public Safety contacts for this address for the previous year. The applicant has complied with State Statute 53A.04 for a currency exchange license with the State of Minnesota. III. BASIS OF RECOMMENDATION A. POLICY • A license for this type of business is not required in the City. However, effective on April 24, 1992, Minnesota Statute 53A.04 requires that the Department of Commerce submit any application for licensure as a currency exchange license to the governing body of the municipality in which the business proposes to conduct business. • This law also requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days of the receipt of the State's notification. • The State requires that the applicant submit the following information when applying for this type of license: - License fees in the amount of $500. - A current fee schedule used for cashing checks, money orders, or traveler's checks. - A surety bond in the amount of $10,000. - Any owner, partner, director, stockholder (owning 10% or more of the corporate stock) or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. B. CRITICAL ISSUES • City must reach a decision regarding issuance. or denial of the license within the 60 da s noted above. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for a currency exchange license for Unbank Company, LLP. However, the Public Safety Department has found no reason to deny the requested license. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # gi REPORT # 210 ~- STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2UU4 Related to: CITY COUNCIL GOAL(S) NO. N/A AND/oR RICHFIELD 2020 GOAL(S) NO N/A REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATNE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL I~RESENTER: NAME TITLE DEPARTMENT DIRECTOR REVIEW: ® ~~ ~~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the request from the State of Minnesota to review the request for the renewal of a currency exchange license for Checks Cashed of America, LLC d/b/a Money Xchange, 1508 East 66th Street. I. RECOMMENDED ACTION: By Motion: • Approve the request for renewal of a currency exchange license for Checks Cashed of America, LLC d/b/a Money Xchange, 1508 East 66th Street. II. BACKGROUND On October 17, 2004, the City received notification from the State of Minnesota, Department of Commerce, of a renewal application for a currency exchange license in the name of Checks Cashed of America, LLC d/b/a Money Xchange, 1508 East 66th Street. 1214 Money Xchange Currency License All of the information required by the State of Minnesota has been provided by Checks Cashed of America, LLC d/b/a Money Xchange. In addition, the background investigation conducted by the Bureau of Criminal Apprehension found no information on the applicants, Sherri Marzario and Mark Smith. There was one Public Safety contact for this address for the previous year. The Public Safety contact was on a forgery. The applicant has complied with State Statute 53A.04 for a currency exchange license with the State of Minnesota. III. BASIS OF RECOMMENDATION A. POLICY • A license for this type of business is not required in the City. However, effective on April 24, 1992, Minnesota Statute 53A.04 requires that the Department of Commerce submit any application for licensure as a currency exchange license to the governing body of the municipality in which the business proposes to conduct business. • This law also requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days of the receipt of the State's notification. • The State requires that the. applicant submit the following when applying for this type of license: • License fees in the amount of $500. • A current fee schedule used for cashing checks, money orders, or traveler's checks. • A surety bond in the amount of $10,000. • Any owner, partner, director, stockholder (owning 10% or more of the corporate stock) or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. B. CRITICAL ISSUES • City must reach a decision regarding issuance or denial of the license within the 60 days noted .above. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for the renewal of a currency exchange license for Checks Cashed of America, LLC d/b/a Money Xchange. However, the Public Safety Department has found no reason to deny the requested license. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # $j REPORT # 209 STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) No. N/A REPORT PREPARED BY: COUNCIL PRESENTER: AND/OR RICHFIELD 2020 GOAL(S) NO N/A BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNATURE X v' ITEM FOR COUNCIL CONSIDERATION: Consideration of the request from the State of Minnesota to review the request for the renewal of a currency exchange license for Community Money Centers, Inc., d/b/a Money Centers, 6525 Nicollet Avenue South. I. RECOMMENDED ACTION: By Motion: • Approve the request for renewal of a currency exchange license for Community Money Centers, Inc., d/b/a Money Centers, 6525 Nicollet Avenue. II. BACKGROUND On October 17, 2004, the City received notification from the State of Minnesota, Department of Commerce, of a renewal application for a currency exchange license in the name of Community Money Centers, Inc., d/b/a Money Centers, 6525 Nicollet Avenue South. 1214 Money Centers Currency License All of the information required by the State of Minnesota has been provided by Community Money Centers, Inc. d/b/a Money Centers. In addition, the background investigation conducted by the Bureau of Criminal Apprehension found no information on the applicants, Cary D. Geller and Richard Krietzman. Public Safety had seven contacts at this address for the previous year. The contacts included two burglary alarms, three check forgeries, one theft, and one assist other agency. The applicant has complied with State Statute 53A.04 for a currency exchange license with the State of Minnesota. III. BASIS OF RECOMMENDATION A. POLICY • A license for this type of business is not required in the City. However, effective on April 24, 1992, Minnesota Statute 53A.04 requires that the Department of Commerce submit any application for licensure as a currency exchange license to the governing body of the municipality in which the business proposes to conduct business. • This law also requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days of the receipt of the State's notification. • The State requires that the applicant submit the following when applying for this type of license: • License fees in the amount of $500. • A current fee schedule used for cashing checks, money orders, or traveler's checks. • A surety bond in the amount of $10,000. • Any owner, partner, director, stockholder (owning 10% or more of the corporate stock) or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. B. CRITICAL ISSUES • City must reach a decision regarding issuance or denial of the license within the 60 days noted above. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for the renewal of a currency exchange license for Community Money Centers, Inc., d/b/a Money Centers; however, the Public Safety Department has found no reason to deny the requested license. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 CONSENT 8H 208 Related to: CITY COUNCIL GOAL(S) No. N/A AND/oR RICHFIELD 2020 GOAL(S) NO 10.14 REPORT PREPARED BY: ROBERT HINTGEN, ACTING UTILITY SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: -----... ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for 400 tons of soda ash for water treatment. I. RECOMMENDED ACTION: By Motion: Award of contract to Hawkins Inc. for soda ash in the amount of $48,800 for the ear 2005. IL BACKGROUND The chemical soda ash is used in the water treatment process to lower water hardness and to produce soft water. Soda ash removes the non-carbonate hardness from the water as well as assisting the lime in softening the water. Approximately 200 tons of soda ash is required each year for treatment. A formal bid opening for the purchase of 200 tons of soda ash was held on November 9, 2004 with the following results: Vendor Unit Price Base Bid Hawkins Inc. $244 per ton $48,800/yr 1214Soda Ash The notice of bids for the soda ash was published in the Richfield Sun-Current on October 14 and October 21, 2004 and the Construction Bulletin on October 15 and October 22, 2004 with hope of a greater response. Three contractors requested the specifications but only Hawkins, Inc. returned asealed -bid with the term of contract being for one year only (January 1, 2005 through December 31, 2005) not a two year contract that has been previously awarded. Although there was only one bidder, and the contract will be for only one year, staff is recommending the bid be accepted because Hawkins Inc. is an established contractor with the City and staff does not believe we can obtain a better price from a reputable contractor. The contract for 2001 and 2002 was awarded to Hawkins Inc., for the purchase of 400 tons of soda ash at a price of $191 per ton. This contract was extended for the years 2003 and 2004 at a unit price of $210 per ton. III. BASIS OF RECOMMENDATION A. POLICY • Hawkins was the only responsible bidder and is an established contractor that meets- all requirements. B. CRITICAL ISSUES • Soda ash is a necessary chemical required to soften water. C. FINANCIAL • There are sufficient funds in the 2005 Water Maintenance budget for the purchase of soda ash. D. LEGAL • If the amount of purchase is estimated to exceed $50,000, sealed bids shall be solicited by public notice. • When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. • Before accepting the bid for cone-year contract, staff consulted with the City Attorney to be sure the bid proposal met the legal requirements. 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. CITY OF RICHFIELD, MINNESOTA Bid .Opening November 9, 2004 9:30 a.m. Water Treatment Plant Chemicals Soda Ash City Bid No. 04-09 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for water treatment plant chemicals -soda ash, as advertised in the official newspaper on October 14 and October 21, 2004 and the Construction Bulletin on October 15 and October 22, 2004. Present: Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Judy Disrud, Water Plant Supervisor The following bids were submitted and read aloud: Bidder's Name/City Bond Total Base Bid Hawkins Inc. Minneapolis Presented $ 48,800.00 Unit Price $244/ton The City Clerk announced that the bids would be tabulated and considered at the November 23, 2004 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # $G REPORT # 207 STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO N/A REPORT PREPARED BY: RANDY HUGHES, OPERATIONS SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: IGN TURF REVIEWED BY CITY MANAGER: ,~. ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of agreement for purchase of services between the City of Richfield and Henne in Count Sentencin to Serve work crews. I. RECOMMENDED ACTION: By Motion: approve agreement to purchase services between the City of Richfield and Hennepin County Sentencing, to Serve work crews in the amount of $45,000 for the year 2005. II. BACKGROUND Hennepin County Community Corrections operates the Sentencing to Service (STS) general work program, which utilizes offenders who are working off court- ordered obligations for low level offenses. The City of Richfield has utilized these forces for many years to help clean up after the Fourth of July celebration and to help with occasional labor intensive projects. In 2003, STS crews helped with the extensive storm clean up and did an excellent job. In 2004, the City contracted with Hennepin County to have a crew work two days a week for eight months for 1214Sentence to Serve were very helpful and did many projects that the reduced number of full-time staff would not have been able to accomplish. (See attached sheet.) The proposed 2005 budget includes $15,000 from Park Maintenance and $30,000 from Utilities to contract a STS work crew for four days a week for six months in the summer and two days a week in the winter. Staff is seeking approval for this expenditure. III. BASIS OF RECOMMENDATION A. POLICY • City policy has been to encourage mutually beneficial joint agreements with other agencies. B. CRITICAL ISSUES • This partnership has worked very well in the past. • Many other cities participate successfully in this program including Bloomington, St. Louis Park, Minneapolis, St. Paul, Mn/DOT and Three Rivers Park District. C. FINANCIAL • The average work crew is eight people plus a crew leader. The net cost to the City is less than $4.50 per hour for each worker. 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. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to not approve the contract; however, staff believes that STS crews provide an excellent service at a very inexpensive cost that could not be obtained elsewhere. V. ATTACHMENTS • Listing of examples of Sentencing to Service work projects VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. TASKS FOR "SENTENCE TO SERVE" • Maintain City-owned vacant lots on 18th Ave. • Weed control along curb lines • Picking up trash along freeway fences and on minor arterial roads • Washing and cleaning City equipment • Clean garage stalls • Trimming along freeway fences • Weed control around ball field fences • Clean tennis courts • Clean tot lots and park trash pickup • Weed whip parks and freeway fences • Sweep slabs under bleachers • Clean and wash park buildings • 4t" of July setup and cleanup • Half-Marathon setup and cleanup • Cattail Days setup and cleanup • Clean Ice, Arena • Shovel gate boards • Restore and paint picnic tables • Paint park buildings- • Shovel snow at bus stops and fire -hydrants • Shovel debris out of catch basins • Clean under bridge decks • Paint Garage building • Cleanup trash around storm water ponds • H U B garbage • Wood chipping along 77t" street wall • Rebuild. retaining walls AGENDA SECTION: Consent AGENDA ITEM # gg REPORT # 206 STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S~ NO. AND/OR RICHFIELD 2020 GOAL(S~ NO REPORT PREPARED BY: COUNCIL PRESENTER: BETSY OSBORN, ADMINISTRATIVE SUPPORT MANAGER NAME, Tuts DEPARTMENT DIRECTOR REVIEW: ~,~ J Ca~ SIGNATURE REVIEWED BY CITY MANAGER: ._ ITEM FOR COUNCIL CONSIDERATION: Consideration of a license request for a new, Therapeutic Massage Enterprise License for Salon Junallo, 6800 Penn Avenue South, and the renewal for the ear 2005. I. RECOMMENDED ACTION:. By Motion: Approve the following for Salon Junallo, 6800 Penn Avenue South: • Issuance of new Therapeutic Massage Enterprise license, and • Renewal of the license for the near 2005. II. BACKGROUND On October 29, 2004, Julie Ranallo Meredith submitted an application for a new Therapeutic Massage Enterprise License. 1214 Salon Junallo New License and Renew for 2005 The following requirements for license issuance have all been satisfied: 1. The applicant has paid the required licensing fees. 2. The required proof of liability insurance has been submitted. 3. All real estate and personal property taxes that are due and payable for the premises have been paid. 4. The Articles of Organization has Kylo Enterprises, LLC, 5916 Fairwood Lane, Minnetonka, MN 55345, as the owner of Salon Junallo, with Julie Meredith listed as the governor of the company. The Public Safety background investigation has been completed and reveals the following: • Julie Ranallo Meredith is the governor/president of Salon Junallo and has no criminal history. • Heather Oswald submitted a Therapeutic Massage Therapist License application and she has no criminal history. She has complied with all the requirements for a Therapeutic Massage Therapist license. • Salon Junallo has been operating in the City of Bloomington for approximately 15 years. The salon's current location in Bloomington is being torn down, which is why they are relocating to Richfield. • Contact was made with Bloomington Public Safety regarding calls for service at Salon Junallo last year. Only two calls were made to the location in Bloomington: one for property damage in the parking lot, and one for a theft report at the salon. • Nothing was found during this investigation that raised any concerns regarding the licensing of Salon Junallo for a Therapeutic Massage Enterprise license. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all the provisions of the application process, has paid all the licensing fees and has provided proof of liability insurance. • Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license request. B. CRITICAL ISSUES • None C. FINANCIAL • All licensing fees have been paid. D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for the Therapeutic Massage Enterprise license for Salon Junallo; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Julie Meredith, Governor/President of Salon Junallo AGENDA SECTION: Consent AGENDA ITEM # gE REPORT # 205 ~~- STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) NO. N/A arrD/oR RICHFIELD 2020 GOAL(S) NO 9 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of transfer of funds from the Urban Wildland Half Marathon to the Wood Lake Ca ital Im rovement Pro'ect Fund in the amount of $13,085.56. I. RECOMMENDED ACTION: By Motion: Approve the transfer of funds from the Urban Wildland Half Marathon to the Wood Lake Capital. Improvement Project Fund in the amount of $13,085.56. II. BACKGROUND Several projects have been scheduled at Wood Lake Nature Center as part of the approved 2004 Capital Improvement Budget in the amount of $36,500. The perimeter fence, located between the parking lot and the park, was replaced last summer. Interior and exterior painting is nearly complete, but was halted due to the unexpected condition of portions of the building structure. While replacing rotted wood around windows under gutters, more extensive damage was found near the foundation, including rotted walls and doorframes. 1214 wood lake ~- ~- -~ Some areas were so deteriorated that it was easy to push through to the outside by hand! Because the comprised structure threatened security and protection from outdoor elements, immediate action was taken. The worse areas were rebuilt with moisture proof materials. The cost of the extra work exceeded the budget by $13,085.56. The cost of the additional work will be funded by proceeds from the successful Urban Wildland Half Marathon. The building is now secure, however, some work remains including additional structure rebuilding and painting. Remaining work is postponed until further funding is obtained. An experimental rain-diverter system was installed on the roof and is proving to be successful at keeping water away from the windows and preventing further deterioration. III. BASIS OF RECOMMENDATION A. POLICY • The City's auditors .have recommended that non-budgeted transfers between funds be approved by the City Council. B. CRITICAL ISSUES • N/A C. FINANCIAL • The approved 2004 Capital Improvement Budget includes several improvements for Wood Lake Nature Center in the amount of $36,500. Due to unexpected deterioration of the building, additional work was required, exceeding the. approved budget by $13,085.56. • The additional work performed on the building structure is funded by proceeds from the Urban Wildland Half Marathon. D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: AGENDA ITEM # REPORT # D STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Consent 8D 204 Related to: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO N/A REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: .SIGNATURE REVIEWED BY CITY n/'~ MANAGER: tom/ ITEM FOR COUNCIL CONSIDERATION: Accept grants received from Federal, State, County governments, agencies and private rou s, and authorize the Cit to administer the funds in accordance with rant a reements. I. RECOMMENDED ACTION: By Motion: Adopt a resolution to accept all grants and donations received and authorize the City to administer the funds in accordance with the grant agreements and terms prescribed by donors. II. BACKGROUND • The City routinely applies for grants from different levels of government as a form of alternative revenue for the purpose of funding programs, purchasing needed equipment or to cover training costs. • In addition, the City also periodically receives contributions and donations for use for a specific purpose or to be used as the City department receiving the donation determines. 12142004 Grant Acceptance • In the 2003 Independent Auditor's Report on Compliance with Minnesota Legal Compliance Audit Guide for Local Governments, conducted by the City's audit firm, HLB Tautges Redpath, Ltd., the City was found to be not in compliance with state statutes with regard to City Council acceptance of grant proceeds. III. BASIS OF RECOMMENDATION A. POLICY • As part of the 2003 Independent Auditor's Report on Compliance with Minnesota Legal Compliance Audit Guide for Local Governments, HLB Tautges Redpath, Ltd., recommends that the City begin accepting all grants and restricted donations by resolution of more than two-thirds majority of the City Council. • It is and has been the City's intention to follow State Statutes with regards to the receipt of grants and donations. B. CRITICAL ISSUES • N/A C. FINANCIAL • Grants and donations received in 2004 not previously approved by more than two-thirds majority of the City Council are as follows: Grants Donor Amount TOD Grant Henne in Count $ 50,000 LLEBG US De t. of Justice 20,186 Vest Grant Bureau of Justice 1,726 Fire Grant US Fire Administration 155,000 Fire Terrorism Trainin Henne in Count 22,381 O eration Nite Ca MN De t. of Public Safet 2,242 Airport Mitigation Metropolitan Airports Commission 10,000,000 Airport Mitigation Dept. of Employment & Economic Develo ment 5,000,000. Local Public Health Grant MN De t. of Health 136,800 Bioterrorism CDC/State of MN 43,096 Health Alert Network Grant MN De t. of Health 4,200 Domestic Trainin Pre MN De t. of Public Safet 388 Richfield Teen Pro rammin Best Buy 5,000 Children's Technolo Best Bu 30,831 Donations Richfield Fire Department Richfield/Bloomington Ea les Club 3,000 Richfield Fire De artment Evel n Perrault 100 Urban Wildland Half Marathon Various donations and race s onsorshi s 13,975 Richfield Beautiful M&I Bank 150. Richfield Playground Pro ram Houlihan's 600 Richfield Playground Pro ram Wood Lake Chiropractic 700 D. LEGAL • Minnesota Statute 465.03 requires every acceptance of a grant of devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. IV. ALTERNATIVE RECOMMENDATION(S~ • None. ~ V . ATTACHMENTS • Resolution. VI. PRINCII'AL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF ALL GRANTS AND DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY 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 its 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 received grants and donations as described below: Grants Donor Amount TOD Grant Henne in Count $ 50,000 LLEBG US De t. of Justice 20,186 Vest Grant Bureau of Justice 1,726 Fire Grant US Fire Administration 155,000 Fire Terrorism Trainin Henne in Count 22,381 O eration Nite Ca MN De t. of Public Safet 2,242 Airport Mitigation Metropolitan Airports Commission 10,000,000 Airport Mitigation Dept. of Employment & Economic Develo ment 5,000,000 Local Public Health Grant MN De t. of Health 136,800 Bioterrorism Health Alert Network Grant CDC/State of MN MN De t. of Health 43,096 4,200 Domestic Trainin Pre MN De t. of Public Safet 388 Richfield Teen Pro rammin Best Buy 5,000 Children's Technolo Best Bu 30,831 Donations Richfield Fire Department Richfield/Bloomington Ea les Club 3,000 Richfield Fire De artment Evel n Perrault 100 Urban Wildland Half Marathon Various donations and race s onsorshi s 13,975 Richfield Beautiful M&I Bank 150 Richfield Playground Pro ram Houlihan's 600 Richfield Playground Pro ram Wood Lake Chiropractic 700 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 all grants and donations as listed above for the year 2004 and authorizes the City to administer the funds in accordance with grant agreements and terms prescribed by donors. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # g~; REPORT # 203 ~~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO N/A REPORT PREPARED BY: N/1ME, T[TLE ~~ COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SALLY MORTON, INFORMATION TECHNOLOGIES MANAGER .. ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing donation of used City computer equipment to the Richfield school district. I. RECOMMENDED ACTION: By Motion: Approve resolution authorizing the donation of used com uter a ui ment to Inde endent School District #280. II. BACKGROUND The City has 3 PCs and 1 server (without monitors), 6 disk drives and 8 controller cards that have been replaced with new equipment. The retired equipment is still in good operating condition, but the technology no longer performs adequately in the City's environment. The Richfield School District accepts donations of used computers and related components and is interested in receiving this retired equipment. The City has made several similar donations to the School District in the past. 1214PCDonation III. BASIS OF RECOMMENDATION A. POLICY • The retired equipment was purchased with tax dollars from the same taxpayers that fund the school district. B. CRITICAL ISSUES • N/A C. FINANCIAL • Staff estimates that the equipment may be worth about $1,000 if sold on the used equipment market. • If the City were to sell this equipment there would be costs associated with that effort and staff time would be diverted from other projects. D. LEGAL • The donation to the school district is authorized by Minnesota Statutes, Section 471.85 which provides: "Any county, city, town, or school district may transfer its personal property for a nominal or without consideration to another public corporation for public use when duly authorized by its governing body." IV. ALTERNATIVE RECOMMENDATION(S~ • Direct staff to research options for selling the equipment. V. ATTACHMENTS • Resolution authorizing the transfer of used computer equipment to Independent School District #280. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. ,_ RESOLUTION AUTHORIZING THE TRANSFER OF USED COMPUTER EQUIPMENT TO INDEPENDENT SCHOOL DISTRICT #280 WHEREAS, the City owns some computer equipment for which it no longer has any use; and WHEREAS, Minnesota Statutes Section 471.85 permits the City to transfer this property to the School District for public use; and WHEREAS, representatives of Independent School District #280 have indicated that they will accept the donation and use it in a manner permitted by Minnesota Statutes Section 471.85. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that 3 personal computers, 1 server, 6 disk drives and 8 controller cards owned by the City be transferred to Independent School District #280. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # $$ REPORT # ZQZ `~ STAFF REPORT ?z Y_' 4 w 1 ~~ F k ~~ Ew',y 3 -~ CITY COUNCIL MEETING t. a f;; ;= ''~ ~` ;. DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) NO. NA REPORT PREPARED BY: NAME TITLE AND/OR RICHFIELD 2020 GOAL(S) NO NA STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~' REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Extension of contract with Hennepin County for access to property information system. I. RECOMMENDED ACTION: By Motion: Authorize the extension of Contract No. A021020 with Hennepin County to allow continued access to the property information system for the period beginning January 1, 2005 and ending December 31.2005. II. BACKGROUND Since September 19, 1978 Hennepin County and the City have had a contractual agreement which provides the City with access to the County's real estate tax information. In November 1990, the City Council approved the purchase of the Hennepin County data terminal, software and printer when the County announced that it was getting out of the leasing business. After purchase of the equipment, the City entered into a contract with Hennepin County to provide continued access to County data with the City's owned equipment. 121404 Assess The current contract provides the City with an extremely economical way to access Hennepin County real estate, municipal and district court data. The contract is not automatically renewable and must be renewed each year by the City and County. The City has now received information from Hennepin County announcing the fees for the contract year 2005 and is asking if the City is interested in renewing this contractual agreement. The Council action here would be to take advantage of the renewal III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield contracts with Hennepin County for assessing services. The City and the County can share the same property information system with the appropriate agreement in place. B. CRITICAL ISSUES • The current contract with Hennepin County expires as of December 31, 2004. Action should be taken now to ensure that the service is maintained without interruption. • The contract is a necessary part of the City's ability to deliver property and court data to the public. C. FINANCIAL • The County has set the 2005 inquiry fees at the rate of $.0123 per transaction, which is $.0021 less than the rate charged in 2004. • The network support charge for 2005 will be $23 per month per workstation, which is the same rate as 2004. • The contract with Hennepin County is still a very economical way for the City to access and provide this data to the public. D. LEGAL • The City and County may enter into a legal contract for the provision of this service. IV. ALTERNATIVE RECOMMENDATION~S~ • -The City could elect not to renew this contract with Hennepin County. However, if this contract were not renewed, the City would lose its on-line access to County property tax and court records. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING AGENDA SECTION: Consent AGENDA ITEM # 8A REPORT # 2U 1 ~~~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 14, 2004 Related to: CITY COUNCIL GOAL(S) No. N/A AND/oR RICHFIELD 2020 GOAL(S) NO N/A REPORT PREPARED BY: CHRISTINE COSTELLO, ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR f REVIEW: ~ `~ ,~~~ ~~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading of a Transitory Ordinance adopting zoning fees and schedule public hearing and. second readin for Janua 11, 2004. I. RECOMMENDED ACTION: By Motion: • Conduct a first reading of the attached ordinance authorizing the adoption of the fee schedule for permits and applications related to official controls. • Schedule the public hearing -and second reading for January 11, 2005. ~, II. BACKGROUND • Minnesota Statutes section 462.353, subdivision 4 requires that certain fees be adopted by ordinance. 121404-Zon i n g Fees-Trans 0 rd The fees that must be adopted by ordinance include all amendments to official controls (which includes any ordinance or regulation relating to zoning, subdivision, site plan review, sanitary codes, building codes, or official maps) or any permit or approval required by any official control. In the past the City of Richfield has always approved such fees by resolution. The ordinance is proposed in order to conform to State law requirements. III. BASIS OF RECOMMENDATION A. POLICY • Required per State Statute 462.353, Subdivision 4. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • Reviewed with City Attorney to ensure it meets State requirements. IV. ALTERNATIVE RECOMMENDATION(S~ • Approve the proposed ordinance establishing a fee schedule, with modifications or additional stipulations. V. ATTACHMENTS • Transitory Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A TRANSITORY ORDINANCE NO. AN ORDINANCE ADOPTING A FEE SCHEDULE FOR AMENDMENTS TO OFFICIAL CONTROLS AND FOR PERMITS AND APPROVALS REQUIRED BY OFFICIAL CONTROLS THE CITY OF RICHFIELD DOES ORDAIN: Section 1: Background 1.01 Appendix D to the Richfield City Code consists of a fee schedule adopted by resolution of the Richfield City Council. The current fee schedule as set forth in Appendix D was established by Resolution No. ,adopted December 14, 2004. 1.02 Minnesota Statutes, Section 462.353 requires that certain fees be adopted by ordinance. Section 2: Fee Schedule Adopted 2.01 The fees set forth at the following sections of Resolution No. are hereby adopted by ordinance: Section 2 (Construction and Related Permit Fees and Charges) Section 4 (Zoning, Land Use and Related Charges) Section 5, clause (8)(Public Works Fees -Utility Services) Section 6, clauses (6), (7) and (8) (Fire Services Fees -Fire Extinguishing System Permit, Fire Alarm Systems and Underground Storage Tanks) Section 13, clause (3) (Miscellaneous Fees - CWTS Antenna). 2.02 The provisions of Section 1 of Resolution No. shall apply to all of the fees adopted at section 2.01 of this Ordinance. 2.03 The fees adopted at section 2.01 of this Ordinance shall be altered or amended only by ordinance. Any fees established by Resolution No. ,other than those adopted at section 2.01 of this Ordinance may be amended from time to time by resolution of the City Council 2.04 This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter 2.05 A copy of this ordinance shall be included in Appendix D to the Richfield City Code, immediately prior to Resolution No. . Adopted by the City Council of the City of Richfield, Minnesota this day of January, 2005. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk