06-24-03 agendaCITY OF RICHFIELD, MINNESOTA
TUESDAY, JUNE 24, 2003
SPECIAL CITY COUNCIL WORKSESSION
_ COUNCIL CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
Call to order
Roll call
Discussion of proposed Lake Shore Drive on-street parking
~: --MDisc~;~ss#on~f-~xt~nded -alceMol -serving hours~~in-~Ricl~fteld establishments
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 Meeting of June 9, 2003; (2) Special City
Council Worksession of June 10, 2003; and (3) Regular City Council Meeting of June 10,
2003
PRESENTATIONS
1. Presentation of proclamation designating July 1, 2003 Women of Today Founders
Day
2. Presentation of Department Commendation to Richfield Police Officer Tom Blair
3. Presentation of Government Finance Officers Association Certificate of Recognition
for Budget Preparation to Finance Manager, Chris Regis
4. Presentation by Recreation Services Director Jim Topitzhofer regarding opening of
Richfield Outdoor Pool
Notes:
COUNCIL DISCUSSION
5. Council discussion
• Hats Off To Hometown Hits
• Council Fourth of July plans
Notes:
__ ~ --C1TY1(AANAGFR'~S REPORT
6. City Manager's Report
• Dispatching opportunities
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 approval of first reading of ordinance adding City Code Section
1131 regulating sales of consumer fireworks and scheduling second reading for July
22, 2003 S.R. No. 136
B. Consideration of approval of first reading of amendment to Section 915.07, Subd. 1
of City Code referring user false alarm fees #o fee schedule in Appendix D of City
Code and schedule second reading for July 22, 2003 S.R. No. 137
C. Consideration of approval of first reading of amendment to Subsection 601.15, Subd.
10 of Richfield City Code allowing single-sort recycling in Richfield and schedule
second reading for July 22, 2003 S.R. No. 138
D. Consideration of approval of update of City's General Fund fund balance policy to be
in conformance with guidelines provided by City's bond rating. agency S.R. No. 139
E. Consideration of approval of transfer of funds to close out certain capital project
funds S.R. No. 140
F. Consideration of approval of community celebration event license with .fee waived for
July 2-6, 2003 and one-day temporary on-sale 3.2 percent malt liquor license for July
3, 2003 for Fourth of July Committee annual events at Veterans Memorial Park S.R.
No. 141
G. Consideration of approval of temporary on-sale 3.2 percent malt liquor and itinerant
food licenses for outside food and drink for Minneapolis-Richfield American Legion
Post 435, 6501 Portland Avenue, for activities on July 4, 2003 S.R. No. 142
H. Consideration of approval of new license for off-sale 3.2 percent intoxicating malt
liquor license due to ownership change for RBF Corp. of Wisconsin dba Rainbow
Grocery Store, 140 West 66th Street S.R. No. 143
Consideration of approval of request to relocate currency exchange license for
Checks Cashed of America, LLC dba Money Xchange, currently at 7620 Lyndale
Avenue and relocating to 1508 East 66th Street S.R. No. 144
'~. Notes:
9. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARING
10. Public hearing regarding resolution authorizing three-year renewal for temporary
conditional use permit for auto sales and leasing at 6529 Penn Avenue
Staff Report No. 145
Notes:
OTHER BUSINESS
11. Consideration of Supplemental Agreement No. 5 to Penn Avenue Bridge construction
contract in amount of $102,800
Staff Report No. 146
Notes:
HRA EXECUTIVE DIRECTOR'S REPORT
12. HRA Executive Director's report
Notes:
13. Claims and payrolls
Open forum (additional 15 minutes if more time needed after first Open Forum and by
majority vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are fo 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 meefing.
Notes:
14.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: Other Business
AGENDA ITEM # 11
REPORT # 146
STAFF REPORT
CITY COUNCIL MEETING
JUNE 24, 2003
REPORT PREPARED BY:
JIM OLSON, PROJECT ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER: /~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of Supplemental Agreement No. 5 to the Penn Avenue Bridge
construction contract.
I. RECOMMENDED ACTION:
By Motion: Approve the attached supplement agreement to the Penn
Avenue Brid a construction contract in the amount of $102,800
II. BACKGROUND
The City of Richfield let a contract for the construction of the Penn Avenue Bridge
on September 11,2001. The contract was awarded to Johnson Bros. Inc in the
amount of $20,247,391.56. The project start date was October 8, 2001 with a final
completion date of July 1, 2003. A majority of the work has been completed on the
bridge which has been operational since October 31,2002.
The City entered into a cooperative construction agreement with Mn/DOT to allow
Mn/DOT to administer this contract for the City of Richfield. During the course of
,~ construction, extra work has been approved by Mn/DOT's Contract Administration
Office. The total of contract payments to date is $19,880,562.98
0624PennBridgeSupplementalAgrmt5.doc
One of the subcontractors has made a claim for extra compensation as a result of
extra work to temporarily stockpile grading material during construction. This work
was not explicitly spelled out in the plans and specification of the project. Mn/DOT
working in cooperation with Richfield negotiated a lump sum amount of $100,000 for
the extra handling of material. $2,800 additional is allowed to the Prime Contractor
for administrative cost.
Financial Summary
Original Contract Price $20,247,391.56
Payments to date $19,880,562.98
Estimated payments to complete $ 300,000.00*
Supplemental Aareement #5 $ 102 800.00
Estimated Final Contract Price $20,283,191.98
Overage $ 35,800.42 (0.18%)
* (could be more or less)
III. BASIS OF RECOMMENDATION
A. POLICY
• Additions and changes to contracts are routinely amended through
supplement agreements, change orders and work orders. The City
negotiates with the contractor to receive a fair price on the extras.
• Additions to the contract in excess of $25,000 need City Council
approval.
B. CRITICAL ISSUES
• Monies are due to the contractor for the extra work they have
provided.
C. FINANCIAL
• Cost overruns and additions to the roadway construction will be paid
by the project contingency funds.
D. LEGAL
• The Supplemental Agreement was prepared and approved by
Mn/DOT's Contract Administration Office.
IV. ALTERNATIVE RECOMMENDATION~S~
• None recommended
V. ATTACHMENTS
• Supplemental Agreement No. 5
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None anticipated
,x.~`... '.-~~.
' - --- -
MN/DOT TP-02134-04(2/99)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. L01246
~' SUPPLEMENTAL AGREEMENT NO. 5
Page 1 of 2
CONTRACTOR: FEDERAL PROJECT NO. STATE PROJECT NO.
JOHNSON BROS. CORP ACIM-HPP MN10(102) 2785-328/157-020-20
ADDRESS: LOCATION OF WORK
23577 Minnesota Hwy 22 On Penn Avenue from 300 Feet North of 80th Street to 160 Feet North of 77th
Litchfield, Minnesota 55355 Street and on I-494 at Penn Avenue, in Hennepin County
GROUP NO. APPR. AMOUNT GROUP NO. APPR. AMOUNT GROUP NO. APPR. AMOUNT
DATE ENCUMBERED ORIGINAL ENCUMBRANCE: SA TOTAL $
BY: $ ENCUMBERED TO DATE:
Individual signing certifies that funds have been encumbered as
re wired b Minn. Stat. 16A.15
this Contract is between the State of Minnesota, acting through its Commissioner of Transportation, and Contractor as follows:
WHEREAS: This Contract provides, among other things, for Grading, Surfacing, Storm Sewer, Watermain,
Lighting, Retaining Walls, and Bridge Construction in the reconstruction of the Penn Ave./494 interchange
in Hennepin County; and
WHEREAS: The Contract provides for 119,528 Cu. Yd. (EV) of Common Excavation, Item No. 2105.501
° ~nmon Excavation; and
WHEREAS: The Earthwork Summary, sheet 13 of 624, contained within the plan states that material
excavated on the project is to be reused for selected grading material and grading material; and
WHEREAS: The Contractor has made claim for extra compensation resulting from the additional costs of
temporarily stockpiling excavated material to be used for selected grading material; and.
WHEREAS: The Engineer, in consultation with Mn/DOT Contract Administration, and in the absence of
Contract language designating material to be temporarily stockpiled, has determined that compensation is
due to the Contractor for additional handling costs.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:
1) The Department offers, and the Contractor accepts the following as full and final compensation for
costs incurred in constructing, and removing, a temporary stockpile of 47,864 Cu. Yd. (LV) of
Common Excavation material, which was used as selected grading material.
a) The Department will pay a negotiated Lump Sum of $100,000.00 for additional handling of
the 47,864 Cu.Yd. (LV) of Common Excavation.
b) The Department will pay a Prime Contractors allowance of 10% on the first $10,000.00 and
2% of the balance in excess of $10,000.00. This allowance amounts to $2,800.00.
~}
f
,r
JT TP-02134-04(2/99)
r ATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. L01246
SUPPLEMENTAL AGREEMENT NO. 5
Page 2 of 2
2) The Contractor will not make claim of any kind or character whatsoever for any other costs or
expenses that he may have incurred or that may be hereafter incurred in performing the work and
furnishing the materials required by this agreement.
ESTIMATE OF COST
Item No. Item Unit Unit Price Amount Group
Additional Handling of Stockpiled Material LumpSum $100,000.00 $100,000.00 001
Prime Contractors Allowance $2,800.00
Total Increase Supplemental Agreement #5 $102,800.00
Distribution: 100% Group No. 001
.-~
Transportation:
_ By:
By:_,T~~~ ~~~---~-~'~ Pursuant to Delegation
Contractor
Dated:
Dated: ~`-~%~ 6'~5
Approved as to form and execution:
~By: r's~a-~ -
~~ie City of ~chfeld
G /
Dated: (,n -' J? ~' ~jj 3 By:
Assistant Attorney General or Pursuant to Delegation
Assistant District Engineer
Dated:
By:
pursuant to Delegation
Dated:
AGENDA SECTION: public Hearine
AGENDA ITEM # 10
REPORT # 14 5
J STAFF REPORT
CITY COUNCIL MEETING
JUNE 24, 2003
REPORT PREPARED BY:
NAME, TITLE
COUNCIL PRESENTER:
BRUCE SYLVESTER,
ZONING ADMINISTRATOR
DEPARTMENT DIRECTOR REVIEW: ~ ~~~
SIGNATURE
REVIEWED BY CITY MANAGER: !~ ~~ ~ ~ _~~ ~ n
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding consideration of a resolution for athree-year renewal for a temporary
conditional use permit for auto sales and leasing at 6529 Penn Avenue.
RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Approve the
attached resolution requesting three-year renewal for a temporary
conditional use permit for auto sales and leasing at 6529 Penn
Avenue.
III. BACKGROUND
The property of 6529 Penn Avenue has been used for car sales and/or leasing
since April 1990, when the current owner was first granted a temporary conditional
use permit (CUP) for used auto sales. Prior to 1990, the property was occupied by
an Arby's restaurant. The temporary CUP was renewed in 1993, 1996, and 2000.
The most recent renewal of the temporary. CUP, in 2000, was for athree-year
period, which expires on August 14, 2003.. Please see Attachment `A' for a copy of
the permit that was issued in 2000. The owner and applicant, Mr. Kevin Tharp, is
again applying for a renewal of the temporary CUP to allow continued use of the
property for auto sales and leasing. The most recent commercial tenant, Richfield
Auto Sales, ceased operations at this site earlier this spring. Mr. Tharp has signed
a lease with another car sales and leasing company called Car Hop, which will
---. begin using the property in June. Staff has informed Mr. Tharp that the temporary
CUP must be renewed in order for Car Hop to continue sales and operations
beyond August 14 of this year.
During the site plan review for the current renewal request, staff from the
Community Development Department and the Public Works Department requested
Mr. Tharp to make several improvements to the property, including:
• Removing a concrete pad in the northeast corner and replacing it with sod.
• Installing curb and gutter in both the northeast.and ..southeast corners of the
parcel to provide full-perimeter curb and gutter for the entire site.
• Designating customer and employee parking stalls with painted stripes.
• Removing a large tree stump in the grassy buffer-area along the east edge of
the parcel.
Mr. Tharp has completed all of these improvements. Mr. Tharp has also requested
that the existing limit of allowing no more than 30 cars on the parcel be increased to
allow a maximum of 40 vehicles. Staff has considered this .request and evaluated
the parcel against the City's parking requirements and concluded that no more than
32 vehicles can reasonably be on the parcel at any one time, using the City's
standard of requiring vehicles to have a space at least 20 feet deep and 9 feet wide,
and maintaining a drive aisle at least 22 feet wide. Staff is therefore recommending
that one of the conditions for the renewal of the temporary CUP be that no more
than 32 cars be allowed on the parcel.
Lastly, the property in question at 6529 Penn Avenue was adjacent to a narrow
parcel of property to the south that was referred to in previous discussions as an
`alley'. Staff research confirmed Mr. Tharp's claim that the alley was not actually an
alley with public right-of-way easements but rather a private driveway. This private
driveway provided a connection between the parcel at 6529 Penn Avenue and West
66th Street. In the previous temporary CUPs, use of this private driveway for both
access and vehicle storage purposes was prohibited due to traffic and safety
concerns from Public Works. The curb and gutters that Mr. Tharp. has installed in
the southeast. corner of his property have effectively eliminated the use of the
driveway parcel in relationship with the parcel at 6529. Penn Avenue. Mr. Tharp is
investigating other potential uses of this driveway parcel with the businesses that
have frontages along West 66th Street.
III. BASIS OF RECOMMENDATION
A. POLICY
Auto sales/leasing is a conditional use in the Industrial (I) district. The findings
necessary to issue a CUP (546.05, subd.6) 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 property is
designated as "Regional Commercial and Office", which is consistent with
an automobile sales and leasing lot.
-~
b) The proposed use is consistent with any officially adopted redevelopment
plans or urban design guidelines. When the property first became an auto
lot in 1990, the Council found that the use was not consistent with The
Design Framework Manual for the Penn Avenue and Sixty-Sixth Street Area
(PASSS Study) and determined that a temporary CUP was warranted.
Since that time, the redevelopment of the Penn Avenue and 66th Street
(PASSS) area has not been undertaken. The owner of 6529 Penn Avenue
has, however, made improvements in his property and required recent
tenant businesses to keep it attractive. Because the redevelopment of the
PASSS area is unlikely to occur in the immediate future, staff is
recommending that the temporary CUP be extended for another three-year
period.
c) The proposed use is or will be in compliance with the performance
standards specified in Section 541 of this code. This requirement is met.
Lighting, parking, building treatments and stormwater management are all
provided in accordance with Section 541 of the City Code. Landscaping is
adequate given the size of the parcel, and utilities are provided from the rear
of the property.
d) The proposed use will not have undue adverse impacts on governmental
facilities, utilities, services, or existing or proposed improvements. This
requirement is met, .particularly due to the safety advantages that are
realized by installing curb and gutter in the southeast corner of the parcel
and thereby eliminating access to 66th Street from this parcel.
e) The use will not have undue adverse impacts on the public. health, safety, or
welfare. This requirement is met.
f) There is a public need for such use at the proposed location. Automobile
sales and lease lots are a public need given the high percentage of the
community that use automobiles.
g) The proposed use .meets or will meet all -the specific conditions set by this
code for the granting of such CUP. This requirement is met, as explained
below.
Auto sales/leasing is a conditional use in the industrial district, as specified in
Section 531.07, Subdivision 3 and 526.27, Subdivision 11 of the zoning code.
This section of the zoning code specifies eight requirements for a CUP to be issued
for auto sales/leasing, as follows:
1. The business shall be licensed.. This requirement is met.
2. The use shall not abut a lot which is in the R or R-1 district. This
requirement is met.
3. A buffer yard of not less than 15 feet in width shall be provided to separate
all aspects of such use from abutting parcels. This requirement is met on
the eastern edge of the parcel, where it abuts parcels that are zoned MR-
2-Medium Density Residential. This requirement is not met on the north
and south edge of the parcel, where it abuts commercial properties, where
a smaller buffer of sod exists. However, requiring 15 foot buffers on the
north and south sides of the parcel would severely limit the use and
viability of the parcel.
4. Landscaping for the site including display areas, shall meet City
requirements. This requirement is met. A significant landscaped area
exists on the east side of the parcel, and smaller grassy areas exist on the
north and south side of the parcel.
5. Inoperable vehicles shall not be stored on the premises. This requirement
has been met in the past and the applicant states that this requirement will
continue to be met.
6. Parking of vehicles in the public right-of-way is prohibited. This
requirement has also been met in the past and will continue to be met by
the applicant.
7. All repair, disassembly, maintenance, and detailing of vehicles shall occur
within an enclosed building. This requirement has also been met in the
past and will continue to be met by the applicant.
8. Any exterior speaker shall comply with Section 930 of the City Code. This
requirement does not apply because there are no exterior speakers on the
parcel.
B. CRITICAL ISSUES
• The site has been used for auto sales and leasing for the past 13 years.
• The owner has made improvements to the site as required by staff.
• The redevelopment of the PASSS area is not anticipated in the immediate
future.
C. FINANCIAL
• The required fee for the temporary CUP has been paid.
D. LEGAL
Zoning: I, Industrial
Land Use: Former: Auto sales/leasing.
Proposed: Same.
Comprehensive Plan: Regional Commercial and Office
Notification: Neighbors and property-owners within 350 feet
Legal notice in the Sun Current on June 12, 2003
Other Actions: The Planning Commission voted to recommend
approval of this request at its May 28, 2003
meeting.
Stipulations of Approval:
• That the recipient of this CUP record the resolution with the County,
pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and
Richfield Zoning Code 546.05, Subdivision 7.
• That a 22-foot minimum drive aisle be maintained in the parking area.
• That no vehicles be stored or parked on the grassy buffer area on the
east side of the parcel
• That landscaping on the parcel be maintained in an attractive fashion.
• That a maximum of 32 vehicles be allowed on the site, including
~ inventory, customer, and employee vehicles.
• That the temporary CUP be extended for athree-year period.
IV. ALTERNATIVE RECOMMENDATION(S~
• Deny the requested temporary CUP to allow auto sales/teasing at 6529 Penn
Avenue.
V. ATTACHMENTS
• Resolution for City Council
• Attachment `A'-Copy of the 2000 Temporary CUP renewal
• Site plans, existing and proposed
• Area maps
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Mr. Kevin Tharp, applicant and owner of 6529 Penn Avenue.
RESOLUTION NO.
RESOLUTION AUTHORIZING RENEWAL OF A TEMPORARY
CONDITIONAL USE PERMIT FOR
AUTO SALES AND LEASING AT
6529 PENN AVENUE SOUTH
WHEREAS, an application has been filed with the City of Richfield which requests
renewal of a temporary Conditional Use Permit (CUP) or auto sales and leasing on land
generally located at 6529 Penn Avenue, legally described as:
The north 17 feet of the South 175 feet of the West 133 feet of the Southwest'/4 of
the Southwest'/4 of the Northwest'/ of Section 28, Township 28, Range 24,
Hennepin County, Minnesota and that part of the West 166 feet of the Southwest'/4
of the Southwest'/ of the Southwest'/4 of the Northwest'/4 lying north of the south
175 feet thereof excluding highway.
WHEREAS, the Planning Commission of the City of Richfield has recommended
renewal of this requested temporary CUP at 6529 Penn Avenue at its May 28, 2003
meeting; and
WHEREAS, this requested temporary CUP at 6529 Penn Avenue meets those
.requirements necessary for issuing a CUP 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 CUP.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A temporary CUP is issued for auto sales and leasing, as described in City
Council Staff Report , on the subject property legally described above.
2. This temporary CUP at 6529 Penn Avenue is subject to the following conditions
in .addition to those specified in Section 526.27 Subdivision 11 of the City's
zoning code:
• That the recipient ^f this CUP record this resolution with the County,
pursuant to Minnesota Statutes Section 462.36, .Subdivision 1 and
Richfield Zoning Code 546.05, Subdivision 7.
• That a 22-foot minimum drive aisle be maintained in the parking area.
• That a maximum of 32 vehicles be allowed on the site, including
.inventory, customer, and employee vehicles.
• That no vehicles be stored or parked on the grassy buffer area on the
east side of the parcel.
~ • That landscaping on the parcel be maintained in an attractive fashion.
• That the temporary CUP expires three-years after being approved by the
City Council.
3. The temporary CUP shall remain in effect for three-years or so long as
~ conditions regulating it are observed, and the temporary CUP 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 24th day of
June, 2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
4 _, _.
\,,._, t
.~, ~.... L= E
~ Community Development Department
September 8, 2000
Ray Tharp
MAYOR 37.32 Lyndale Avenue South '
MARTIN J. KIRSCH Minneapolis, MN 55409
cmr couNCIL SUBJECT: Conditional use ermit renewal, 6529 Penn Avenue
SUSAN ROSENBERG p
SUZANNE M. SANDAHL CASE NO. 00-CUP-11
KRISTAL STOKES
Russ susAG You are hereby notified that your application requesting renewal of a ora
CITY MANAGER conditional use permit to allow auto sales at 6529 Penn Avenue has be APPROVEps
SAMANTHA ORDUNO for three years from the date of City Council approval- subject to the o owing
stipulations:
1. That a 22-foot minimum drive aisle be maintained in the parking area.
2. That landscaping in front of the property be maintained in compliance with the
approved landscape plan and in compliance with PASSS design guidelines.
~ 3. That a maximum of 30 cars be on the. site at any one time.
4. That the alley located to the south of the property be maintained free of
vehicles and that the .alley be chained to prevent access or a permanent
solution implemented as approved by the Community Development and Public
Works Directors.
5. That the trash enclosure be removed as long as all trash containers are kept
inside the building and not stored in the parking lot.
6. That the landscaping in the rear of the property be properly maintained.
'=APPROVED `the City Council on August 14, 2000.
~-
6 C. Palmborg
Community Development Director
Copy: Building Offcial
Engineering Supervisor
The Urban Hometown
6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9760 FAX: 612.861.8974
www.ci.riehfield.mm.us AN EOUAL OPPORTUNITY EMPLOYER
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REQUEST FOR CONDITIONAL USE PERMIT MAY 2003
6529 PENN AVENUE
' LAND USES OF'PROPERTIE$ WITHIN 350 FEET
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LAND USE SYMBOLS
RES -SINGLE FAMILY RESIDENTIAL
APT ~ -APARTMENT BUILDING
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100 0 . 100 -200 ' 300 400 Feet 5.15-03
REQUEST FOR CONDITIONAL USE PERMIT MAY 2003
6529 PENN AVENUE
ZONING OF PROPERTIES WITHIN 350 FEET
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ZONING SYMBOLS
R -SINGLE FAMILY RESIDENTIAL
MR-2 -MULTI FAMILY -MEDIUM DENSITY
C-2 -GENERAL COMMERCIAL
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
JUNE 24, 2003
Consent
8I
144
BETSY CxRISTENSEN, ADMINISTRATIVE
REPORT PREPARED BY: SUPPORT SERVICES MANAGER
NAME, T/TLE
COUNCIL PRESENTER:
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 a currency
exchange license for Checks Cashed of America, LLC dba Money Xchange currently located
at 7620 Lyndale Avenue South and relocating to 1508 East 66th Street.
I. RECOMMENDED ACTION:
~y Motion: Approve the request to relocate the currency exchange
license for Checks Cashed of America, LLC dba Money Xchange,
currently at 7620 Lyndale Avenue South and relocating to 1508 East
66th Street.
II BACKGROUND I
On May 9, 2003, the City received notification from the State of Minnesota,
®epartment of Commerce, of the relocation of a currency exchange license in the
name of Checks Cashed of America, LLC dba Money Xchange. Money Xchange is
currently located at 7620 Lyndale Avenue South and is relocating to 1508 East 66th
Street as the site on Lyndale is scheduled to be demolished in the near future.
All of the information required by the State of Minnesota has been provided by
Checks Cashed of America, LLC dba Money Xchange. In addition, the background
0624MoneyXchangeRelocation
investigation conducted by the Bureau of Criminal Apprehension found no
information on the applicants, Sherri Marzario and Mark Smith.
Due to the fact that this is a new location, there are no previous police contacts.
The Planning & Zoning Administrator has approved this location at 1508 East 66th
Street as a permitted use in a C-2 district.
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 the is type of license:
• License fees in the amount of $50.
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
• Money Xchange has operated for the past several years in Richfield
with yearly renewals. This request is for a change of address only as
their present building is being demolished.
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 dba Money Xchange. However, the Public Safety
Department has found no reason to deny the requested license.
V ATTACHMENTS I
N/A
VI PRINCIPAL PARTIES EXPECTED AT MEETING
Sherri Marzario and Mark Smith
AGENDA SECTION:
AGENDA ITEM #
REPORT #
J
STAFF REPORT
CITY COUNCIL MEETING
JUNE 24, 2003
Consent
8H
143
REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES
DIVISION MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
Q~ ~~~
SIGNATURE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration and approval of a new license for an off-sale 3.2 intoxicating malt liquor license
for RBF Corp. of Wisconsin, DBA Rainbow Grocery Store, 140 West 66th Street, due to
chan a in ownershi .
I. RECOMMENDED ACTION:
By Motion: Approve a new license for an off-sale 3.2 intoxicating malt
liquor license for RBF Corp. of Wisconsin, DBA Rainbow Grocery
Store. 140 West 66th Street., due to a change in ownership.
II. BACKGROUND
On May 14, 2003, an application was received from RBF Corp. of Pewaukee,
Wisconsin for a new license for an off-sale 3.2 intoxicating malt liquor license for the
Rainbow grocery store, 140 West 66th Street. The license request is a result of a
change in ownership that is occurring in June of 2003.
They also submitted a license request for a tobacco license, grocery license and
,~ individual licenses for bakery, produce and meat facilities. These licenses do not
require City Council approval; however, for Council's information, all fees have been
received and all paperwork connected with the license request is completed.
0624Rainbow Liquor License
The manager of the establishment is Jon Jay Duerscherl. He has no criminal
'~ history and resides in West St. Paul.
The applicant has been in contact with the Bloomington health sanitarian and has
met their requirements.
Liquor liability insurance information has been received and is being afforded by
Travelers Indemnity Company of Illinois.
Environmental health staff received two complaints, in December of 2002 and in
February of 2003, regarding problems with food products. They were checked into
by Bloomington health sanitarians and resolved.
There have been a number of police contacts in the last year with the establishment
but most of them relate to thefts from purses, shoplifting and medical calls.
III. BASIS OF RECOMMENDATION
A. POLICY
• Whenever a food establishment changes hands of ownership, the new
owner is required to reapply for all licenses. Licenses are not
transferable. This is the case in this instance.
B. CRITICAL ISSUES
• This is not an altogether new license but rather a license currently
held by another company that, through a sale of the business, is being
reapplied for by the new company.
C. FINANCIAL
• All required license fees have been paid.
D. I.,EGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• The Council could decide not to approve their license request fora 3.2
intoxicating malt liquor license. This would mean that they would be unable
to sell 3.2 intoxicating malt liquor. However, during the course of conducting
an investigation, it has been determined that there is no reason to deny the
license request.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Representative from RBF Corp. of Wisconsin or the Store Manager
AGENDA SECTION:
AGENDA ITEM #
REPORT #
r
STAFF REPORT
CITY COUNCIL MEETING
JUNE 24, 2003
Consent
8G
142
REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES
DIVISION MANAGER
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: ~ ~^~ r~~L
~l J '[~ S/GNATURE
REVIEWED BY CITY MANAGER: ~/
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an annual request for temporary on-sale 3.2 percent malt liquor and itinerant
food licenses to cover the outside service of food and drink for activities scheduled to take
place on July 4, 2003 for the Minneapolis-Richfield American Legion Post 435, 6501 Portland
Avenue.
I. RECOMMENDED ACTION:
By Motion: Approve temporary on-sale 3.2 percent malt liquor and
itinerant food licenses to cover the outside service of food and drink
for the Minneapolis-Richfield American Legion Post 435, 6501
Portland Avenue, for activities scheduled to take place on July 4,
2003.
II. BACKGROUND
On May 14, 2003, the Minneapolis-Richfield American Legion Post 435 submitted
their annual request for a temporary license to serve on-sale 3.2 percent malt liquor
and an itinerant food license for the Fourth of July activities. The required licensing
fees have been received. The event is scheduled to occur from 11 a.m. to 10 p.m.
This request is in conjunction with the Richfield Fourth of July celebration and has
been organized by the Fourth of July Committee. The Legion plans to have an
0624Legion Fourth of July Licenses
open house and community dance outside, on their property, and they would like to
~, serve refreshments, including beer. Their food menu will consist of items such as
hot dogs, hamburgers, sloppy Joes, pork chops, chicken wings, onion rings, French
fries, ice cream, candy, soda, and water.
Their current liquor license is only valid for the serving of alcohol within the
establishment and does not cover the exterior serving. Proof of liquor liability
insurance coverage, to cover the exterior of their property, has been provided
showing Western World Insurance Company as affording the coverage.
The applicant has contacted food sanitarians from the City of Bloomington to ensure
that proper food handling practices are followed. They will work with Bloomington
sanitarians and follow their recommendations for safe and wholesome food
handling.
The Public Safety Department received two calls in connection with this celebration
for the previous year. One call was regarding a drunkenness situation, and the
other was regarding a female being assaulted by another female after the assailant
believed that the victim was flirting with her boyfriend.
III. BASIS OF RECOMMENDATION
A. POLIO'
'~ The applicant has complied with the City codes pertaining to a
temporary on-sale 3.2 percent malt liquor license.
• The City has previously issued temporary on-sale 3.2 percent malt
liquor licenses for the service outside of the establishment in
conjunction with the Fourth of July Celebration.
B. CRITICAL ISSUES
• That the sale of 3.2 percent malt liquor ceases no later than midnight.
• The applicant has hired a professional security organization to
oversee all hours of operation for this event.
• There have been no alcohol-related incidents in the past for this event,
other than the above call for assistance in handling a drunken
individual who may or may not have been drunk on arrival at the
event.
C. FINANCIAL
• N/A
I~. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Deny the request for a temporary 3.2 percent malt liquor license liquor and
itinerant food licenses to allow the service of food and alcohol outside the
establishment. This would result in the applicant not being able to conduct
activities, especially those concerning the temporary sale of 3.2 percent malt
liquor outside of the establishment, in conjunction with the Fourth of July
celebration. However, the Public Safety Department has not found any basis
for denial.
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Roger Wysong, Legion Manager, has been notified of the date for Council
consideration of this request.
n
J STAFF REPORT
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CITY COUNCIL MEETING
JUNE 24, 2003
Consent
8F
141
REPORT PREPARED BY: BETSY CIIRISTENSEN, ADMINISTRATIVE
SUPPORT STAFF MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
SIGNATURE
REVIEWED BY CITY MANAGER: ~ ~ C~_
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an annual request from the Fourth of July committee for a community event
license with fee waived, July 2 through July 6, 2003, and aone-day temporary on-sale 3.2
percent malt liquor license for July 3, for events scheduled to take place at Veterans Memorial
Park.
I. RECOMMENDED ACTION:
By Motion: Approve a community celebration event license,. with fee
waived, for July 2 through July 6, 2003 and aone-day temporary on-
sale 3.2 percent maltJiquor license, for July 3, for the Fourth of July
Committee annual events scheduled at Veterans Memorial Park.
III. BACKGROUND
Each year, the Fourth of July Committee makes application for a community
celebration event license and requests that the fee be waived for the activities that
take place throughout the City for this celebration. This year's celebration is
scheduled to take place July 2 through July 6, 2003.
t'~
As in the past three years, they have also included a request for a temporary on-
sale, 3.2 percent malt liquor license which would allow them to serve beer and wine
0624 Fourth of July Committee Licenses2
coolers at Veterans Memorial park during activities on July 3. A copy of the liquor
liability insurance has been provided.
A detailed activity plan of the days' events is currently on file. A copy is also
attached. The food concessions will be staffed by members of various
organizations, most of whom have been with the committee since the celebration
began.
The committee has contacted food sanitarians from the City of Bloomington to
ensure that proper food handling practices are followed. They will work with
Bloomington sanitarians and follow their recommendations for safe and wholesome
food handling. In addition, each individual concessionaire has been approved by
Doug Deyer of the Bloomington Health Department.
All fees for each professional concession have been received.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of the City
application process and meets the requirements for fee waiver.
• Past history has been that this City sponsored event has always
received waiver of the costly fees.
B. CRITICAL ISSUES
• Public Safety police officers have been hired by the Fourth of July
Committee to patrol the area for this event.
• There have been no alcohol-related incidents in the past for this event.
C. FINANCIAL
• Approval of the fee waiver request for the Community Celebration
Event License would prevent them from having to pay $5,000 for the
event license.
• In the past, the Community Celebration Event License has been
waived as this event is considered to be a joint effort with the City.
• There is no fee for a temporary liquor license, including on-sale 3.2
percent malt liquor.
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• Deny the request for a community celebration event license and a temporary
on-sale 3.2 percent malt liquor license. This would result in the applicant not
being able to conduct activities, especially those concerning food preparation
and temporary on-sale 3.2 percent malt liquor sales, on July 2 through July 6,
2003
Deny the request to waive the fee involved would result in the committee
having to pay $5000, which might be impossible for the committee to pay,
thus canceling the community event.
~ V. ATTACHMENTS ~
• Copy of the request from the Richfield 4`" of July Committee for City Council
support and additionally requesting the waiver of fees.
• Schedule of events.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Pat Rickert, President of the Fourth of July Committee, has been notified of
the date for Council consideration of this request.
Richfield Hometown 4t" of July Committee, Inc
`- ~ , j~ P.O. Box 23381 .Rich fie-d, Minnesota 55423
~~''~~
`^~-
K ~
~ r
May 21, 2003
Ms. Samantha Orduno
Richfield City Manager
6700 Portland Ave So
Richfield, MN 55423
And to the members of the Richfield City Council
This letter is to request your support and approval of an Event License for the
celebration to be conducted between July 2,2003 and July 6, 2003, and an On-Sale
3.2 Malt liquor License for the July 3, 2003 Street Dance conducted by the Richfield
4a` of July Committee, Inc. to be held at Veteran's Park from 6:00 PM to 11:30 PM.
This is also a request to the City Council to waive the license fee associated with
these license applications.
As you know, this is our 24~` annual celebration of the "Hometown 4~` of July" and it will
be the Fourth Annual Street Dance sponsored by the committee. The first three street
dance events have been hugely successful for us, and have been incident free, thanks to
our fine Public Safety Department and diligent work on the part of past Committees.
We will hold the dance in a fenced, controlled area in the ice arena parking lot. We
intend to again hire Richfield Public Safety Officers to patrol the area and enforce our
rules. In keeping with making this a family event, we will have a display of custom and
antique cars in the area for viewing throughout the evening.
If you need further information to act on this request, please call me at 612-861-3981
anytime.
Thanks for your support,
~" _
Pat Rickert
President, Richfield 4~' of July Committee Inc.
MINNESOTA MAGIC MIDWAY, INC.
CARNIVAL
Rides -Concessions -Games
-200.3 LOCATION.
.PARKING LOT AT 64TH ST. & PORTLAND AVENUE
Wednesday, July 2
OPEN
special price
6:00 p. m. - 9:00 p. m.
Thursday, July 3
Friday, July 4
Saturday, July 5
Sunday, July 6
special price
6:00 p. m. - 11:00 p. m.
11:00 am -11:00 p.m.
1:00 p. m. -11:00 p. m.
1:00 p. m. -11:00 p. m.
The box office will stop selling tickets each night by 10:30 p.m. with
all patrons having until 11:00 p.m. to use tickets. Carnival operations
will announce that the park is closed at 11:00 p.m.
Box Office Prices
All Rides $2.50 Each -One-Ticket Per Ride
Family Pack -10 Rides $20.00
Family Pack - 20 Rides $30.00
Special Price
Wednesday, July 2 at the carnival from 6:00 - 9.:00 p.m.
• One Price - $10.00 Arm Band -Unlimited Rides
Saturday, July 5 at the carnival from 1:00 - 5:00 p.m.
• .One Price - $15.00 Arm Band -Unlimited Rides
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
JUNE 24, 2003
Consent
8E
140
REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER
NaneE, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of transfer of funds to close out certain capital project funds.
I. RECOMMENDED ACTION:
By Motion: Approve the transfer of funds to close out certain capital
project funds.
III. BACKGROUND ~
The City has several sub-funds within the Construction Improvement Fund, which
have had little or no activity for the last several years. The sub-funds have negative
cash balances and the City's auditor recommends eliminating this fund by reviewing.
the sub-funds to determine which ones can be closed out.
In addition, there are two recreation related capital project funds, which have
negative cash balances, which need to be closed out. The first fund is the Ball Field.
Replacement Fund which was established to account for the replacement of ball
fields as a result of airport expansion and the receipt a $2,000,000 grant for that
purpose.
06242003FundCloseout
The second fund is the Multi Purpose Recreation Facility Fund. This fund was
established to account for the proposed new Community Center that was
subsequently voted down by referendum.
Finally, there are three other capital project funds where the project is completed
and the funds need to be closed.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City's financial policies do not directly address the closing out of
capital project funds.
• The City's auditors have recommended that non-budgeted transfers
between funds be approved by the City Council.
• The City's auditors have recommended that certain capital project
funds be closed out.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• The following tables reflect the funds to close and the corresponding
funding sources or recipients.
Fund to Close Balance Funding Source Amount
Ball Field Replacement (137,424) Park Replacement Fund 137,424
Multi Purpose Rec Facility. (70,877) Cable Fund 7,692
Park Replacement Fund 8,185
Parking Projects Fund 55,000
Lampert Site (16,867) Parking Projects Fund 19,405
Cent. Garage North 77th (2,322)
Cent. Garage South 77th (216)
Fund to Close Balance Funding Recipient Amount.
66th Street Widening 6,750 Cap. Improvement Reserve. 6,750
Monroe/Roosevelt Park 11,918 Swimming Pool Renovation 11,918
W.L. Forest Shelter 29 W.L. Contributions 29
• The Park Replacement Fund was used to account for settlement
proceeds received from the Metropolitan Airports Commission for the
taking. of the New Ford Town and Rich Acres Parks.
D. LEGAL
~ The Monroe/Roosevelt Park Improvement project was funded with
- Special Revenue money approved through a transitory ordinance.
Therefore, any reallocation of that money must be approved by the
City Council.
IV. ALTERNATIVE RECOMMENDATION~S~
,~ The City Council can choose to approve all, part or none of the proposed
fund closings.
• City Council can direct staff to seek alternative funding sources to close
certain funds.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
BILL NO.
AMENDMENT TO SECTION 915, ALARM SYSTEMS,
~, OF THE ORDINANCE CODE OF THE
~- CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 915 of the ordinance code of the City of Richfield entitled "Alarm Systems "
is hereby amended:
915.07. User Fees. Subdivision 1. For fees, refer to Appendix "D."may
1~1rw+ ~ ~c nr ~h.~~ r+rnrl~ ~noc~ rv~~re +h.~n ~hroo f.+lco .+I~+rrv~c+ in .+ c ir~ryle n.+IcnrJ r
ve.+r c h.+ll ho nh~rnerl .~ ~ is or foe of @Fn nor f.+lc o .,L,..~.., C., ..i iL,..... :.+
f ,
~~nn nor f~lc o ~hrrv~ in evneec of ')n in ~ nnlenrl.+r ~ic~+r
Passed by the City Council of the City of Richfield, Minnesota this day of , 2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: Consent
AGENDA ITEM # $A
REPORT # 136
STAFF REPORT
CITY COUNCIL MEETING
JUNE 24, 2003
REPORT PREPARED BY:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
KEVIN MCGINTY, FIRE SERVICES
DIRECTOR/FIRE CHIEF
NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of first reading of an ordinance adding a new City Code Section 1131 regulating
the sales of consumer fireworks and scheduling second reading for July 22, 2003.
RECOMMENDED ACTION:
By motion: Approve first reading of the attached ordinance adding a
new City Code Section 1131 regulating the sales of consumer
fireworks and set second reading for July 22, 2003.
~ BACKGROUND ~
During the 2002 legislative session, the State Legislature passed a law that would
allow the sale and use of consumer fireworks in Minnesota for the first time in
several. decades. Several municipalities quickly adopted various licensing and
permit ordinances to either control or prohibit consumer fireworks sales in their
communities. As a result, the 2003 legislative session experienced numerous
proposed legislation attempting to severely limit a local jurisdiction's authority to
regulate consumer fireworks sales and to limit the amount of any fee. The final
version of the 2003 law allows cities to adopt ordinances for licensing the safe of
consumer fireworks under certain limitations and sets a maximum fee that may be
charged.
0624fireworks
Staff believes the attached licensing ordinance to be a reasonable approach for the
City to regulate these sales locations and to assure that all required safety
"~ measures are in place. The ordinance will provide staff an opportunity to inspect the
sales and display areas, provide safety information to the business and to assure
consumer fireworks are not sold to those under 18 years of age.
If the Council approves first reading of the ordinance, second reading will be at the
July 22, 2003 Council meeting.
The attached resolution amending Appendix D establishes a new fee for the sales
of consumer fireworks at $100, the maximum allowed by State Statute. This
resolution will be considered at the July 22, 2003 Council meeting.
A resolution approving a summary publication of the ordinance will also be
presented for Council consideration on July 22, 2003.
II. BASIS OF RECOMMENDATION
A. POLICY
• The passage of this ordinance will. assist the City in efforts to maintain
a minimum and reasonable level of fire safety in Richfield
B. CRITICAL ISSUES
• Consumer fireworks sales are legal year round in Minnesota.
• Concerns of new State legislation restricting local authority to regulate
consumer fireworks sales required the City to wait until the special
legislative session was complete and the actual new law available
before this ordinance could be presented assuring compliance with
State law.
• This ordinance will be effective 30 days after publication following the
second reading.
C. FINANCIAL
• The passage of this ordinance will allow the City to collect fees to
defray the costs of enforcement and education at the maximum
allowed by law.
D. LEGAL
• Paula A. Callies of Kennedy and Graven worked with the fire
department and developed this ordinance.
TERNATIVE RECOMMENDATION(S) ~
No action would allow the sales of consumer fireworks at almost any location
without our knowledge or ability to regulate
IIV. ATTACHMENTS
Proposed City ordinance 1311
Resolution amending appendix D
V. PRINCIPAL PARTIES EXPECTED AT MEETING ~
• None
BILL NO.
AN ORDINANCE ADDING A NEW CITY CODE
SECTION 1131 REGULATING FIREWORKS
SECTION 1. Chapter XI of the Richfield City Code is amended by adding Section
1131 as follows:
Section 1131 -Fireworks
1131.01 Purpose and Intent. Due to the inherent risks of fire and injury to persons and
property associated with the sale, possession and use of fireworks, the city council has
..determined that it is necessary and in the interest of public health, safety and welfare to
establish reasonable regulations concerning fireworks.
1131.02 Sale of Fireworks. It is unlawful to sell fireworks in the City of Richfield in
violation of Minnesota Statutes, §§ 624.20 through 624.25, inclusive. "Consumerfireworks"
as defined in this Section may, however, be sold upon issuance of a license issued by the
City.
1131.03 Definition. For the purposes of this Section "consumer fireworks" is defined to
mean wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling
items which are nonexplosive and nonaerial and contain 75 grams or less of chemical
mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glow worms,
smoke devices, or trick noisemakers which include paper streamers, party poppers, string
poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths
grains of explosive mixture.
' ~` 1131.04 Application. The application for a license shall contain the following
- information: name, address, and telephone number of applicant; the address of the location
where fireworks will be sold; the type of consumer fireworks to be sold; the estimated quantity
of consumer fireworks that will be stored on the licensed premises.
1131.05 Insurance Required. All licensees must have at all times a valid certificate of
insurance issued by an insurance company licensed to do business in the State of Minnesota
evidencing that the applicant's use of the property is currently covered by a liability insurance
policy. The minimum limits of coverage for such insurance shall be:
a) at least $200,000 for each claim; and
b) at least $500,000 for each incident.
Such insurance shall be kept in force during the term of the license and the
licensee must provide for prior notification to the City of Richfield should the policy be
terminated or canceled. A certificate of insurance must accompany all initial and renewal
license applications.
1131.06 Processing Application. The application must be filed with the City Clerk
together with the license fee. Following an inspection of the premises proposed to be
licensed, the Fire Chief orhis/her designee shall issue the license if the conditions for license
approval are satisfied and the location is properly zoned. If the Fire Chief or his/her designee
denies the license application, the applicant may, within ten (10) days, appeal the decision to
the City Council.
1131.07 Conditions of License. The license shall be issued subject to the following
conditions:
(a) The license is non-transferable, either to a different person or location.
(b) Consumer fireworks shall not be sold to persons younger than 18 years of
age. The age of a purchaser must be verified by photographic identification.
(c) The license must be publicly displayed on the licensed premises.
(d) The premises are subject to inspection by City employees during normal
business hours.
(e) The applicant must be at least 18 years of age.
(f) If the applicant does not own the business premises, a true and correct copy of
the current, executed lease, as well as, the written authorization of the property
owner for the applicant's use of the property for the sale of permitted consumer
fireworks.
(g) Consumer fireworks shall only be stored and sold in those areas or zones
within the City where commeraal or industrial activities are authorized under
the.applicable zoning laws of the .City.
(h) The applicant shall not have had a license to sell fireworks revoked within the
last 12 months.
(i) The premises must be in compliance with the State Building Code and State
Fire Code.
1131.08 License Period and License Fee. Licenses shall be issued for a calendar year.
The license fee is established by resolution in Appendix D of the Richfield City Code. License
fees shall not be prorated.
1131.09 Revocation of License. Following written notice and an opportunity for hearing,
the Fire Chief orhis/her designee may revoke a license for violation of this Section or state
law concerning the sale, use or possession of fireworks. If a license is revoked, neither the
applicant nor the licensed premises may obtain a license for twelve (12) months. If the Fire
Chief orhis/her designee revokes a license, the license holder may within ten (10) days
appeal the decision to the City Council.
Section 2. This ordinance shall be effective in accordance with Section 3.09 of the
Richfield City Charter.
Adopted this day of , 2003.
Martin J. Kirsch, Mayor
Attest:
Nancy Gibbs, City Clerk
RESOLUTION NO.
'~ RESOLUTION AUTHORIZING THE AMENDMENT OF CERTAIN PROVISIONS OF
~" RESOLUTION 9280 ENTITLED "RESOLUTION ESTABLISHING 2003 LICENSE,
PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF
APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING
RESOLUTION NO. 9280
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:
Section 6, added fees as follows:
Section 6 -Miscellaneous Fees
Type of Permit Section
Or License Requiring
(5) Sale of Consumer 1131
Fireworks
Description
License per location to
sell consumer fireworks
Fee
$100/yr.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of July,
2003.
(~
ATTEST:
Martin J. Kirsch, Mayor
Nancy Gibbs ,City Clerk
AGENDA SECTION:
AGENDA ITEM #
REPORT #
STAFF REPORT
~ CITY COUNCIL MEETING
JUNE 24, 2003
Consent
8C
138
REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES
DIRECTOR
Nanm:, Tirzt:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW: ~ ~ - ~ (~
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
First reading of an amendment to Subsection 601.15, Subdivision 10 of the Richfield City Code
to allow single-sort recycling in Richfield.
I. RECOMMENDED ACTION:
By Motion: Approve the first reading of the amendment to
Subsection 601.15, Subdivision 10 of the Richfield City Code,
allowing single-sort recycling in Richfield, and schedule a second
reading for July 22, 2003.
III. BACKGROUND
Waste Management would like the opportunity to provide single-sort recycling to
their customers in Richfield. Single-sort recycling allows residents to mix all of their
recyclable materials together (cans, bottles, paper, and cardboard) into one
wheeled, lidded container. The container is the same style as a standard garbage
receptacle and can be picked up with automated equipment. Currently, the small
recycling bins are about 18 gallons; the new wheeled recycling receptacles would
be 64 gallons. Recycling would be picked up every two weeks.
0624 recycling
Single-sort recycling is beneficial to the environment and Richfield residents for a
number of reasons:
• Carted recycling is neater (closed bins).
• Single-sort recycling has increased participation in recycling activity by 10 to 50
percent in other communities.
• The lidded bins afford more privacy.
• The larger bins make recycling large materials (cardboard) easier.
• More recycling can lower garbage bills (by increasing recycling and decreasing
garbage,-Hennepin County and State of Minnesota solid waste taxes could show
a decrease).
• For residents whose haulers have separate trucks for garbage and recycling,
single-sort recycling reduces the number of recycling truck visits by half,
reducing noise, traffic and street and alley wear.
III. BASIS OF RECOMMENDATION
A. POLICY
• The Richfield City Code currently requires garbage collectors to pick up
waste every week. In order to allow single-sort recycling, the ordinance
would need to be amended to permit every-other-week pickup for the
recycling bins.
'~` At their regular May meeting, the Community Services Commission
recommended approval of the ordinance amendment.
B. CRITICAL ISSUES
• Residents will have the option to choose a hauler who offers every-week
service if they are unhappy with single-sort recycling.
C. FINANCIAL
N/A
D. LEGAL
• The City Attorney has reviewed the ordinance amendment.
IV. ALTERNATIVE RECOMMENDATION(S~
• Do not change the current ordinance.
V. ATTACHMENTS
• Amendment to Subsection 601.15, Subdivision 10 of the Richfield City Code.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
None
ORDINANCE NO.
AN ORDINANCE RELATING TO
RESIDENTIAL RECYCLING; AMENDING
SUBSECTION 601.15, SUBDIVISION 10 OF
THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 601.15, subdivision 10 of the Richfield City Code is
amended to read as follows:
Subd. 10. Obligation of licensed collectors. A licensed garbage
and refuse collector must pick up garbage, refuse, and yard waste in the
manner provided by this section. A licensed residential garbage and
refuse collector must also pick up designated recyclables as follows:-en-a
~~ir~~hi h i hpdinr+inn nr~ .~+r hof`+re +h~ effon+i~io rl~~o of 4hic nrrlin~r~no
vr~. -v".`~n crvrc-ma~rtcvrrr~aac~.
.+nrJ in +ho rr~~+nnor r~rn~iirlciJ in Ohio ccn~ir~li
arra-rrrcrra-rrr~rn~cr-prvrrcrcu--rn ., ...............
(a) Recycling pick up must be provided on a weekly
basis if the capacity of the provided container is 32 gallons
or less. or
i"~, (b) Recycling pick up must be provided on a weekly
'~ ~ ' or bi-weekly basis if the capaci~ of the provided container is
32 gallons or greater.
Sec. 2. This ordinance is effective in accordance with Section 3.09 of the Richfield
City Charter.
Adopted this day of July, 2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
CAH-232956v1
RC160-7
AGENDA SECTION:
AGENDA ITEM #
REPORT #
J STAFF REPORT
CITY COUNCIL MEETING
JUNE 24, 2003
Consent
8B
137
REPORT PREPARED BY: BARRY FRITZ, POLICE CAPTAIN
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
~ ~'°
T - SIGNATURE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
First Reading of amendment to Section 915.07, Subd.1, to reference the fee schedule in
a endix "D" of the Cit Code.
I. RECOMMENDED ACTION:
By Motion: Approve first reading of the attached amendment to
Section 915.07, Subdivision 1, to refer the user false alarm fees to the
fee schedule in Appendix D of the City Code and to schedule a
second reading for July 22, 2003.
II. BACKGROUND
On December 10, 2002, the City Council passed Resolution No. 9280 that sets user
fees in Appendix D of the City Code. New fees for false alarms were listed in the
Appendix. Inadvertently, the language in Section 915.07, Subdivision 1, was not
changed to reference and coincide with Appendix D.
0624 False Alarm Fee First Read
III. BASIS OF RECOMMENDATION
A. POLICY
• This is basically a housekeeping procedure. Past practice has been
to not have fees listed in the body of the Ordinance Code, but to have
them listed in Appendix D.
B. CRITICAL ISSUES
• Without the change, there is an .inconsistency between the language
in Section 915.07, Subdivision 1, and Appendix D.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• Do not approve the first reading.
V. ATTACHMENTS
• Amendment to ordinance Section 915, Alarm Systems.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
~~,
,`
AGENDA SECTION: Consent
AGENDA ITEM # gD
REPORT # 139
STAFF REPORT
CITY COUNCIL MEETING
JUNE 24, 2003
REPORT PREPARED BY:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER: /~
•
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an update to the City's General Fund Fund Balance policy to be in
conformance with guidelines provided by the City's bond rating agency.
I. RECOMMENDED ACTION:
By Motion: Approve the update of the City's General Fund fund
balance policy to be in conformance with guidelines provided by the
City's bond rating agency.
III. BACKGROUND ~
In 1999, the City updated its General Fund Fund balance policy. At that time, the
targeted designated amount would be equal to 50% of the property tax levy and all
State aids anticipated in the subsequent year's budget.
Subsequent to the update, the City's auditors, HLB Tautges Redpath, Ltd.,
suggested that the targeted level of fund balance may be too high. Their
recommendation would be to lower the targeted level and base the new targeted
amount on guidance provided by the City's bond rating agency.
The criteria used by the City's bond-rating agency, Moody's Investors Service, is
40% of General Fund revenues.
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
06242003E FFu nd BatancePolicy
III. BASIS OF RECOMMENDATION
A. POLICY
• The City's auditors recommend an update to the fund balance policy
of the City's General Fund to a more appropriate level.
• It is the practice of the City of Richfield to follow established financial
policies governing the City's practices related to fiscal management.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• The existing fund balance policy designates the targeted level as 50%
of the property tax levy and all State aids anticipated in the
subsequent year's budget.
• The City's auditors recommend updating the City's fund balance policy
to one in conformance with guidelines established by the City's bond
rating agency.
• The City's bond rating agency, Moody's Investors Service, when
reviewing the fiscal performance of a City, has as its fund balance
criterion, a General Fund Fund balance level of 40% of General Fund
revenues.
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• The City Council could choose to leave the existing fund balance policy in
place.
• The City Council could direct staff to determine an alternative target level of
fund balance for the General Fund.
V. ATTACHMENTS
• City of Richfield Fund Balance Policy for the General Fund.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
CITY OF RICHFIELD
FUND BALANCE POLICY
I. POLICY
The City of Richfield is accountable to its citizens to carefully account for public funds, to
manage municipal finances prudently and to plan the adequate funding of City services
including the provision and maintenance of public facilities and services. The City is also
accountable for its short-term and long-term financial stability. The City must insure that it
is capable of, and will continue to be capable of, adequately funding and providing local
government services needed by the community. This fiscal policy provides the framework
for the overall fiscal management of the-fund balance of the City's General Fund.
Scope
This policy pertains to the fund balance of the General Fund, including reservations
and designations.
II. Objectives
In order to achieve its purpose, this policy has the following objectives for targeted
levels of fund balance:
A. Avoid cash-flow interruptions, reduce the need for short-term borrowing and
generate investment earnings.
B. Provide for unanticipated expenditures, such as emergencies, natural disasters
and unexpected increases in service delivery costs.
C. Provide reasons for reserving monies and the conditions under which those
monies will be spent.
D. Provide financial stability and a positive trend of fund balance levels which will
be a positive factor in our bond rating analysis.
III. Reserved Fund Balance
A reserved fund balance is used to segregate net financial assets that are not
spendable or available for appropriation.
A. The City will follow all Generally Accepted Accounting Principles (GAAP) and
Governmental Accounting Standards Board (GASB) pronouncements regarding
requirements for reserving fund balances.
B. The fund balance may be reserved for amounts determined by the City Council
to be used in the subsequent year's budget.
C. The fund balance may include reservations for unutilized budget appropriations
from one year carried over to the subsequent year's budget.
IV. Designations Of Fund Balance
Designations of fund balance are established to identify tentative plans for the use
of financial resources.
A. The General Fund balance shall have unreserved fund balance designated for
cashflows for the subsequent year's operating budget. The targeted designated
amount shall be equal to 4fl% of General Fund revenues. This target amount is
in conformance with guidance provided by the City's bond rating agency.
B. The City Council may determine to designate portions of the fund balance for
other items such as City projects and/or improvements, emergency or
unanticipated expenditures, etc.
V. Unreserved, Undesignated Fund Balance
It is the intent of this policy to keep the unreserved, undesignated balance to a
minimum.
The City Council will determine the disposition of any unreserved, undesignated
balances. Deficits are to be avoided. Elimination of deficits in fund balance will be
addressed during the budget process. The subsequent year's budget should
address the method to eliminate the deficit.
VI. Reporting
The Finance Manager shall report to the City Council, upon completion of the audit
fieldwork, the status of the fund balance of the General Fund. This report will state
the General Fund's fund balance at the close of the year with reservations and
designations along with an explanation of charges in the reservations and
designations levels. The City Council will evaluate the year-end balance and direct
the appropriate adjustments to be made.
VII. Authority
The Finance Manager is authorized to reserve and designate the fund balance of
the General Fund in conformity with GAAP and GASB pronouncements and
consistent with this policy.
Approved
City Manager