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09-09-03 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, SEPTEMBER 9, 2003 SPECIAL CITY COUNCIL MEETING ~~ CITY HALL EXECUTIVE CONFERENCE ROOM -- 6700 PORTLAND AVENUE 5:15 P.M. Call to order Roll call Interview of persons interesting in serving as youth members on City's advisory commissions 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 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 meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of August 12, 2003; (2) Regular City Council Meeting of August 12, 2003; (3) Special City Council Budget Meeting of August 13, 2003; and (4) Special City Council Meeting of August 19, 2003 PRESENTATIONS 1. Acknowledgement of former City Attorney Clayton LeFevere 2. Presentation from Dave VanHattem regarding I-494 Commuter Services Notes: 3. Presentation of Certificate of Recognition commemorating 50th anniversary of Fred Babcock VFW Post #5555 4. Annual meeting with Friendship City Commission 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 approval of resolution authorizing agreement between Minnesota Department of Public Safety and City of Richfield Public Safety Department to accept joint grant funds for payment of overtime for. officers involved in Safe and Sober Program S.R. No. B. Consideration of approval of resolution authorizing amendment to final development plan and conditional use permit for Gramercy Park Cooperative, 6711 Lake Shore Drive S.R. No. C. Consideration of approval of purchase order to Loeffler Companies, Inc. for Public Safety Department recording, dictation, transcribing and .call logging/recording equipment in amount of $82,878 S.R. No. D. Consideration of approval of itinerant amusement and itinerant food licenses for Richfield Visions, Inc. for Richfield Cattail Days events at Veterans Memorial Park of Richfield on September 20, 2003 S.R. No. E. Consideration of approval of renewal of commercial kennel license for Elaine's Grooming, 7429 Humboldt Avenue S.R. No. F. Consideration of approval of new multi-animal residential- license for 6501-14th Avenue; four cats S.R. No. Notes: 9. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 10. Public hearing and second reading of amendment to Richfield City Code Sections 400 and 320 to update City building regulations to comply with latest version of State Building Code and State Fire Code and consideration of resolution authorizing summary publication of ordinance Staff Report No. Notes: RESOLUTIONS --1-~ :Disciplinary hearings~~and consideration of~°resotutions=regarding°civil~enforcement for establishments in Richfield that recently underwent tobacco compliance checks conducted by Richfield Public Safety staff and failed by selling tobacco to underage youth Staff Report No. Notes: 12. Consideration of resolution authorizing street light fee charge to residential and commercial properties for operation and maintenance costs of City's street light system Staff Report No. Notes: 13. Consideration of 2003 Revised/2004 Proposed Budget resolutions adopting 2004 preliminary property tax levy and setting truth in taxation hearing dates, authorizing budget revisions, authorizing revision of 2003 budget of various departments, and authorizing use of Public Employees Retirement Association Police and .Fire Fund refund interest earnings for certain police and fire expenditures Staff Report No. Notes: PROPOSED ORDINANCES 14. Consideration of formation of new alcohol ordinance merging current individual alcohol ordinances into one section and providing direction to staff on several alcohol related issues Staff Report No. Notes: 15. Consideration of second reading of ordinance amendment to City Administrative Code Chapter 1, Subsection 100.07 adopting reference to Minnesota Statutes and Rules ~ Staff Report No. Notes: OTHER BUSINESS 16. Consideration of new multi-animal residential kennel license for 6310 Vincent Avenue; four dogs and four cats u~#aff f2~por~ Rio. . Notes: 17. Consideration of appointments to fill youth terms on City advisory commissions Staff Report No. Notes: 18. Consideration of rescinding Transitory Ordinance 18.24 and approving revised transitory ordinance vacating alley right-of--way in Lyndale Gateway West project area Staff Report No. Notes: 19. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 20.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. n AGENDA SECTION: Q~$ BIISINESS AGENDA ITEM # j$ REPORT # 2t)7 ~_ STAFF REPORT r CITY COUNCIL MEETING SEPTEMBER 9, 2~~3 REPORT PREPARED BY: JULIE URBAN COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ~ _. ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached revised Transitory Ordinance vacating the alley right-of-way in the Lyndale Gateway West project area. I. RECOMMENDED ACTION: By motion: 1) Rescind attached Transitory Ordinance 18. vacating the alley right-of-way in the Lyndale Gateway project area. 2) Approve the attached revised Transitory Ordinance vacating the alley right-of- wav in the Lvndale Gateway West project area. II. BACKGROUND • The Cornerstone Group is proposing to construct amixed-use development in the 7600 block between Lyndale and Aldrich Avenues, consisting of Lots 1-6, parts of Lots 7 and 8, and Lots 9-15, Block 1, GLEN'S ADDITION. The City Council approved the redevelopment proposal at its December 10, 2002 meeting. • There is an alley in the development area that needs to be vacated for the development to proceed. The City Council approved the alley vacation on January 14, 2003. • The ordinance included an administrative direction that the ordinance not be published until The Cornerstone Group owned all of the land in Block 1 and a 090903AI IeyVacate-Gateway-revd plat had been filed. These conditions literally cannot be met, because: (a) The Cornerstone Group will hold title as Lyndale Gateway, LLC; (b) portions of Lots ~~, 7 and 8 lie within 77th Street and will not be owned by Lyndale Gateway, LLC; ~~_- and (c) The Cornerstone Group subsequently determined to subdivide the property by registered land survey rather than a plat. • The lender for The Cornerstone Group, M&I Bank, requires that the ordinance vacating the alley be published in order to close on its construction loan for the project. • The financing agreement between the City/Housing and Redevelopment Authority (HRA) and The Cornerstone Group requires The Cornerstone Group to close on their construction loan before the City/HRA will make funds available for acquisition. • Property closings are scheduled for. September 10, 11 and 12 so the alley vacation needs to be effective by that time. The stipulations in the current transitory ordinance do not allow this deadline to be met. • The City Attorney has advised that a motion to rescind the original ordinance and adoption of a revised motion approving a revised ordinance is the appropriate action to correct the administrative directions in the original ordinance. III. BASIS OF RECOMMENDATION A. POLICY • With the Lyndale Gateway West development, the alley right-of--way will no longer be needed for its existing public purpose. B. CRITICAL ISSUES ~'-` The developer needs to use the alley area in the proposed mixed use '~~ ~` redevelopment. • The timing of the effective date of the vacation is critical to the timing requirements of the loan and property closings. • The requirements of the original ordinance will still be met, primarily that the developer own all property before the vacation is effective and that the necessary utility easements are maintained. C. FINANCIAL • N/A D. LEGAL • The City Council conducted a public hearing on this ordinance on January 14, 2003. An additional public hearing is not required for this administrative change. + The original ordinance has not been published and thus never became effective; the Attorney has advised that the requested action is an appropriate method to correct the ordinance. By rescinding the original motion, the Council renders the original ordinance language null and ineffective. ~ IV. ALTERNATIVE RECOMMENDATION(S) ~ • Refuse to approve the revised oramance. V. ATTACHMENTS • Kevised I ransitory Ordinance • Transitory Ordinance 18.?~I~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING Revised Ordinance BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described land is subject to an easement for public right-of- way purposes ("Vacated Area"): The alley dedicated in the plat of GLEN'S ADDITION, lying southerly of the southerly right of way line of 76th Street and northerly of the northerly right of way line of 77th Street, Hennepin County, Minnesota Sec. 2: The City of Richfield has initiated the vacation of the Vacated Area. Sec. 3: The Cornerstone Group has proposed to acquire all of the property abutting the Vacated Area for a redevelopment project. Sec. 4: The Council finds that there are no City water main, sanitary sewer, or storm sewer facilities located within the Vacated Area and that the following private utilities are located within the Vacated Area: buried telephone cable (Qwest), telecommunications cable lines (Time-Warner), and overhead electric lines (Xcel). ~'-~, Sec. 5: The Council finds that, at such time that the fee title to Lots 1 through 6 and 9 through 15, Block 1, GLEN'S ADDITION are held in common ownership, there will no longer be a public need for a public alley within the Vacated Area. Sec. 6: Upon completion of the redevelopment of this block, all existing utilities will be relocated and any necessary utility easements will be granted to the City as a condition of subdivision approval that the The Cornerstone Group has proposed for Block 1, GLEN'S ADDITION. Sec. 7. The alley easement over the Vacated Area, as described in Section 1 of this Ordinance, is hereby vacated. Sec. 8: The vacation will be effective on the latter of (a) 30 days following publication or (b) the date upon which the fee title to all of Lots 1 through 6 and 9 through 15, Block 1, GLEN'S ADDITION is held in common ownership. Passed by the City Council of the City of Richfield, Minnesota this 9th day of September, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Original Ordinance BILL NO. ~S TRANSITORY ORDINANCE NO. 18;~ AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described land is subject to an easement for public right-of- way purposes ("Vacated Area"): The alley dedicated in the plat of GLEN'S ADDITION, lying southerly of the southerly right of way line of 76th Street and northerly of the northerly right of way line of 77th Street, Hennepin County, Minnesota Sec. 2: The City of Richfield has initiated the vacation of the Vacated Area. Sec. 3: The Cornerstone Group has proposed to acquire all of the property abutting the Vacated Area for a redevelopment project. Sec. 4: The Council finds that there are no City water main, sanitary sewer, or storm sewer facilities located within the Vacated Area and that the following private utilities are located within the Vacated Area: buried telephone cable (Qwest), telecommunications cable lines (Time-Warner), and overhead electric lines (Xcel). Sec. 5: The Council finds that, at such time that The Cornerstone Group has control over all of Lots 1 through 15, Block 1, GLEN'S ADDITION, there will no longer be a public need for a public alley within the Vacated Area. Sec. 6: Upon completion of the redevelopment of this block, all existing utilities will be relocated and any necessary utility .easements will be dedicated in a plat that The Cornerstone Group has proposed for all of Block 1, GLEN'S ADDITION. Sec. 7. The alley easement over the Vacated Area, as described in Section 1 of this Ordinance, is hereby vacated. Sec. 8: The vacation will be effective 30 days following publication. The City Clerk is directed not to publish this ordinance until The Cornerstone Group has produced evidence satisfactory to the City Attorney that The Cornerstone Group owns all of Lots 1 through 15, Block 1, GLEN'S ADDITION, Hennepin County, Minnesota and has recorded a plat that includes all of the properties in said Block 1. Passed by the City Council of the City of Richfield, Minnesota this 14th day of January, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 17 REPORT # 20( ~~ STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2UU3 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST. NAME, TITLE COUNCIL PRESENTER: ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to fill youth terms on City advisory commissions. I. RECOMMENDED ACTION: By Motion: Appointment persons to fill the youth terms on the City's advisory commissions. II. BACKGROUND The Advisory Board of Health, Human Rights Commission and Friendship City Commission have youth term vacancies. Advertisements were placed in the Richfield Sun, on the Cable TV Community Bulletin Board, message boards outside City Hall and the Water Plant, and the City's web page. Notices were also sent to Richfield High School and the Academy of Holy Angels. Terms are effective upon appointment through August 31, 2004. Applicants were interviewed at a Special City Council meeting on September 9, 2003. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or resolution. • The Mayor directs the City Manager's office to conduct a recruitment seeking applicants to fill expiring terms. 0909appointments • Interviews of the applicants were conducted at a Special City Council meeting. The meeting was posted in accordance with the open meeting law requirements. B. CRITICAL ISSUES • Applicants were interviewed at Special City Council meeting on September 9, 2003. • Terms are effective upon appointment through August 31, 2004. IV. ALTERNATIVE RECOMMENDATION(S~ • Defer appointments to another Council meeting. V. ATTACHMENTS • Vacancy list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. YOUTH COMMISSION APPOINTMENTS ADVISORY BOARD OF HEALTH - 1 vacancy HUMAN RIGHTS COMMISSION - 2 vacancies FRIENDSHIP CITY COMMISSION - 2 vacancies August 31, 2004 August 31, 2004 August 31, 2004 August 31, 2004 August 31, 2004 AGENDA SECTION: OTHER BIISINESS AGENDA ITEM # 16 REPORT # 2OS STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ..SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the request for a new multi-animal residential kennel license for Janice Dahnke, 6310 Vincent Avenue South. I. RECOMMENDED ACTION: By Motion: Approve or deny a request for a new multi-animal residential kennel license for Janice Dahnke, 6310 Vincent Avenue South. II. BACKGROUND Environmental Health staff received a complaint call in April regarding the number of animals and barking dogs at this location. A Community Service Officer left a note informing the homeowner that she needed to apply for amulti-animal kennel license if she had more than two animals. At that time, staff was not aware of the number of animals that the resident had. On May 20, 2003, Janice Dahnke submitted an application for a new multi-animal residential kennel license. A Community Service Officer conducted an inspection of ---=' the property on June 20, 2003. The CSO noted that Ms. Dahnke had four dogs and four cats, which exceeds the maximum number of six animals that was approved by 0909 Dahnke MultiAnimal Residential the Council as policy on July 22, 1991. The applicant requested additional time to find homes for two of the animals. Another inspection of the property was conducted on August 23, and there were no apparent problems at that time. The interior of the home was found to be very clean and free of any feces and odors. The applicant had complied with the policy and decreased the number of animals to six. She now owns four dogs and two cats. Ms. Dahnke's application does not contain the signatures of contiguous property owners. Ms. Dahnke provided the City with a letter (attached) stating that she approached three contiguous property owners, but they would not sign. The Environmental Health staff received two complaints this past year regarding the dogs barking, the number of animals allowed at this location, and the animals not being licensed. All of the animals are now currently licensed. There were no other Public Safety complaints or contacts received this past year. III. BASIS OF RECOMMENDATION A. POLICY • The City adopted a policy that staff notifies neighbors surrounding the area of the residential kennel License application. The Environmental Health staff received two letters and two calls from residents that are opposed to this multi-animal residential license. The residents are opposed due to the barking dogs. A copy of the letters is attached. B. CRITICAL ISSUES • Contiguous property owners did not sign the application for the multi- animal kennel license. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Staff is not making a specific recommendation to either approve or deny the request for a residential kennel license. V. ATTACHMENTS • Letter from Ms. Dahnke: Letters from neighbors opposing the license. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Janice Dahnke. ~ JANICE DAHNKE ~_, 6310 Vincent Avenue South Richfield MN 55423 612-243-3510 jdahnke@mn.rr.com May 20,2003 Dear City of Richfield, On March 14, 2003 I received a violation notice from the city regarding a need for licensing my dogs and for barking dogs. At that time I called to ask for an extension in addressing this matter since I was to be gone for the next two weeks on vacation. On April 4th I went into the city and licensed my four dogs and inquired about the process of obtaining a kennel license. On April 26th, I approached the neighbor to the west of me to get a signature for the license but was turned down. They told me that while they had noticed I had been going outside with the dogs that they did not like the,barking and would not consider signing. The neighbor to the north of me stated that while she did not have a problem with the dogs, she did not want to sign if no one else did because she did not want to have problems with the neighbors. She has already had some problems with the neighbors to the north so I could completely understand her position. I then decided not to approach the neighbors to the south of me since I already knew their position on my dogs. When I moved into my house in July 2000, another neighbor told I that this couple would not like my dogs. This was confirmed last summer on June 20, 2002 at about 7:30 p.m. when I walked out of my family room to see the man next door with a broom over my fence swatting at my standard poodle. On April 27th I went back to the City of Richfield to inform them of my inability to obtain signatures. I was told to write a letter regarding this matter and attach it to my application. 1 decided to approach my neighbors one morertime and try to negotiate with them for a license. I decided I would like to move out of the neighborhood and thought that maybe they would consider a license giving me time to secure a loan for a new house, sell my house and buy a nevv home. On Monday of last week, I again approached my neighbors to the west. I spoke with Bonnie who told me she would talk to her husband and would call me. In the meantime, I contacted the City of Richfield to let them know I planned to move and was trying to negotiate a license. I did not receive a call from the neighbors on the west so on Wednesday May 14th I approached the Bonnie's husband Dave. He told me that his wife had not conveyed to him that I had planned to move and would revisit this, and call me that night. By Saturday, May 17th I had no# heard anything and in the a.m., I again approached Dave. He stated that his wife had lost my number so they did not call. He then stated they preferred not to be a "solution to my problem" and would not sign. He stated it wasn't the barking but would stick with the city about only two dogs. They did not want me to have four dogs. He stated that a license for one year was too long and they had lived with it long enough. He was not willing to give me time to move. On Sunday, I approached the neighbors to the south of me. They had been gone all weekend so a' ~~ had not had a chance to talk to them. They were on the phone and did not have time to talk to me. I then went to work but Tom came to speak with me in the morning. He stated he already knew why I had wanted to talk to him. He stated that all he and Nila, Dave and Bonnie and Donna wanted were to live in peace and alluded to the fact that I was young and could move that this was it for them. He stated that he did not want to sign a waiver and was not willing to consider any time for me to move. to fact, I was not allowed to even explain anything about my position. I apologize for the lengthiness of this letter. I regret any inconvience I have caused my neighbors or the City of Richfield. At this time, I am only asking for time to move. My dogs are well cared for. They are groomed every three weeks, and have the best of veterinary care. A!I vaccinations are up to date including shots for rabies. My dogs are not outside much and two of my dogs that are small are inside dogs. The dogs do bark as dogs will when the see strangers, and rabbits and squirrels (our neighborhood is full of them). When they do bark they are brought into the house immediately. I have even taken to going out with them and staying outside until they are ready to come in. Oddly enough, while out I have heard other neighborhood dogs barking as welt. My dogs are described as being aggressive but have no history of aggressive behavior. I am a professional person who works hard and has awell-kempt house. I live here with my daughter. We are not home much but when we are we are pretty quiet people. I have not ever had trouble with people either whom I work with or live around. This has been a stressful and time-consuming problem. I realize in a neighborhood where houses are close together there is a need to consider ~"~~, all the needs of those who live around us. I feel I have tried to do that. For example, - since I moved here, I have rarely turned on my patio fight. When I first moved to Richfield, the neighbors to the south of me asked me not to turn my patio light on because it would shine into their porch and they liked to sit in the dark. I have felt a great deal of anxiety on those few occasions when the light has accidentally been turned on either by myself, a babysitter and/or my nine yr. old. I have also tried to accommodate them by not letting the dogs out between 7:00 a.m. and 7:15 a.m. because that is the time they leave in the morning. I believe it was two winters ago that they told me it was my fault or rather the dogs fault that Nila slid on the ice because my dogs barked, even though the were in their own fenced in yard more than 10 feet away. This process discourages me. I do feel the neighbors on the west and on the south of me had conversations regarding this matter and made a joint decision to deny even my second request seeing this as an opportunity for a mandate to have at least two of the dogs removed. Buying a house for the first time and living in a neighborhood has been a disappointing experience. I am not only disappointed but also feel on edge all the time worrying if the dogs are going to bark or if my neighbors will come up with other complaints. I am only asking for some cooperation and consideration, the same as I feel I have given others around me, in order to sell my house, buy a new one and move. Thank you for your consideration in this manner. Sincerely, ..r -~ ~~ )uly 1, 2003 Kathy Mueller, Licensing 6700 Portland Avenue Richfield, MN 55423-2599 Dear Kathy Mueller: As per your request during our recent phone conversation, we are expressing our concerns re: the multi-animal residential license request at 6310 Vincent Ave. So. Back in April our neighbor across our back fence to the east at the above address came to us asking us to sign her application for the Residential Kennel license. We refused...as did the other neighbors who are in proximity. As an incentive, she then offered to move out of the neighborhood in about a year if we would sign. We still refused. We are totally against granting this license. The following are our reasons for re'ectin her bid for a multi-animal residential license: 1. Why does the Cty of Richfield have ordinances restricting the number of animals per household? Then, as an "out", it allows residents to seek a way around these restrictions? Why bather with ordinances in the first place if this is the case? 2. All of her 4 dogs are barkers...the large, white one is especially the worst offender. There are two small white ones, amid-sized black one and the large, white dog, if we are working in our back yard when they are let out, they al! come running to the fence barking offensively. They will continue barking all the while if we would continue working. Until the lady would come out (if she ever did sometimes in past years), she des to shush them up and herd them back into the house. Sometimes if we are sitting on our deck, the large white dog will stand at the fence and bark at us. The back fence is at least 50+ feet from our porch S1C deck. Other times, the large white dog will stand at the fence and bark if it even spies us INSIDE our porchl Last winter, it would stand or lay outside and bark endlessly by itself for no apparent reason at ail. During our conversations with her when she was requesting us to sign her original petition, she offered to quiet the large white dog by putting on an electronic anti-barking collar. Nothing was ever done. 3. On warm summer days, working or being next to her back yard, it has a strong odor of dog droppings. She claims to pick up droppings frequently, but our experience 8t observations suggest otherwise. 4. Over the 29 years we've lived in Richfield at our current address, we have experienced a peaceful neighborhood. taut in the last 3 years since this neighbor moved in across our back fence with 3 dogs and with now a 4th, it has been anything but peaceful when the dogs are let out of the house. One must try to gauge when and when not to get work done in the back yard • gardening, mowing, flower tending, etc. - to avoid the barking clamor that erupts on these occasions. '~ ~ 5. In past conversations with the Richfield Licensing staff concerning this problem, this `~~_ J neighbor has a seeming history of claiming ignorance of Richfield ordinances in that she had never licensed her dogs until someone apparently notified the City of the circumstances. Only THEN did she at last license them when she was notified that she was not in compliance. In addition, last summer there suddenly appeared one day a good-sized playhouse of some sort next to our common fence. Many years ago when we built a storage shed in our back yard and applied for a permit, the City person informed us our building had to be on a concrete foundation, bolted down. There is no such thing as a "temporary" structure in the City of Richfleid was his comment. An inspector came around twice to ensure all was OK. Weil, this new structure on her properly has NO concrete foundation. It is sitting, unanchored, on the grass. A permit . for this? We doubt it. 6. As neighbors, we're a bit indignant that WE are the ones who are seeming to have to "jump through all the hoops" in order to justify why we are against her request for this license, while she does seemingly nothin except to just apply for the license in question! What about her stating her reasons and arguments in support of her need for this license? Sincerely, ~_ ~ Residents, ~`~ b311 Washburn Ave. So. Richfield,~MN 55423 Update - ]uly 7, 2003 An added note and incident: an ]uly 7th this neighbor apparently has left a family to dog-sit for her while she is gone for a period of time. During this afternoon, the white dog was let out and it began barking for whatever reason. No one paid any attention to it and it continued barking for quite some time.- We had planned on doing same repair work to our sprinkler system in the afternoon, but it was put off due to the apparent non-control of this one animal`s barking. One can hardly work on one's own property while putting up with this incessant noise! August 31, 2003 Based on observations so far, these four dogs will become ~ even further nuisance in an outside kennel. The reason is that they collectively bark at any moving object. They bark at the three closest neighbors at every opportunity but also at my neighbors on the north side. They seem to be rarely, if ever, walked in the neighborhood. It became too difficult to continue planting and watering flowers on the south side of my house because of the dogs. I usually look to see if the dogs are out before going outside to avoid confrontation and certain commotion. Dog manure accumulated for the entire past winter and when collected this past spring, by one of the hired house persons, filled several large garbage bags that had to be dragged to the front. Jan has made no effort to control the spreading sedge grass that are really weeds. It is becoming more and more difficult to keep it out of my yard. There is also a dying tree that needs to be removed. This was a nice neighborhood when I moved here in 1988. It is sad to see it begin to deteriorate. Si/n(c~erely yours, oV ~ G~ ~R~r~v AGENDA SECTION AGENDA ITEM # REPORT # ~ STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2003 PROP. ORDINANCE 15 204 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NatirE. TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of second reading of an amendment to the City Administrative Code Chapter 1, Subsection 100.07 adopting references to Minnesota Statutes and Rules. I. RECOMMENDED ACTION: By Motion: Approve second reading of the proposed ordinance amendment to the City Administrative. Code Chapter 1, Subsection 100.07 adopting reference to Minnesota Statutes and Rules. III. BACKGROUND ~ A recommendation is being made to amend Section 100.07 (Official statutes, codes, regulations, and ordinances) to reflect the adoption of the most current State statutes and rules. This change will simply update a section of the City Ordinance Code that should be periodically updated. Section 100.07 presently references Minnesota Statutes 1988, with 1989 supplements and Minnesota Rules in effect on July 1, 1989. First reading of the proposed ordinance was held on July 22, 2003. III. BASIS OF RECOMMENDATION 0909statute ~'~ A. POLICY • Section 100.07 is an ordinance section that references Minnesota ~, Statutes and Rules. These Statutes and Rules should be the most ~, current and therefore readopted periodically. B. CRITICAL ISSUES • There is no critical time issue, but the amendment should be done as soon as possible to reflect the most current law. C. FINANCIAL • There is no financial impact associated with this change. D. LEGAL Amendment to Section 100.07 will keep the City Ordinance in synch with State law. • First reading of the proposed ordinance was held on July 22, 2003 and second reading was scheduled for September 9, 2003. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the ordinance amendment and take no further action. • Defer discussion to another date. V. ATTACHMENTS • Proposed City Administrative Ordinance Code. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. BILL NO. AMENDMENT TO SECTION 100.07 ~' OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 100.07 of the ordinance code of the City of Richfield entitled "Official statutes, codes, regulations, and ordinances" is hereby amended: 100.07. Official statutes, codes, regulations, and ordinances. References in this code to Minnesota Statutes are to Minnesota Statutes ~~2002, Minnesota .Statutes, ~g2003 Supplement and Laws of Minnesota X92003, unless otherwise provided in this code. References in this code to rules and regulations of state agencies, codes, and ordinances of other municipalities are to those documents in effect on July 1, X92003, unless otherwise provided in this code. Section 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 9th day of September, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9~ 2003 PROPOSID ORDINANCES 14 203 REPORT PREPARED BY: BETSY CIIRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: _ ve C~ ~ SIGNATURE REVIEWED BY CITY MANAGER: ~ ,~:---~- ~ ~ t'~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a new alcohol ordinance, merging current individual alcohol ordinances into one section and rovidin direction for staff on a number of alcohol related issues. I. RECOMMENDED ACTION: By Motion: Approve the formation of a new alcohol ordinance that would merge current individual alcohol ordinances into one section and arovide direction for staff on a number of alcohol related issues. II. BACKGROUND Recently, the legislature approved a change in the law that now allows for liquor establishments to be open to serve alcohol until 2 a.m. A previous conversation with the City Council regarding later alcohol service hours in Richfield was approved and staff was directed to proceed with making changes to our ordinances. As a result, several of the City's other individual alcohol ordinances referenced a specific time that 3.2 intoxicating malt liquor and wine could be served until which meant that those ordinances had to be changed to specifically allow for the later `~~ sales. The City's on-sale intoxicating liquor ordinance referenced the hours in the State's statute so no changes needed to occur in the language specific to on-sale intoxicating liquor. There are three on-sale intoxicating liquor establishments that 0909Liquor Ordinance Revision 2003 have been approved by the State for the extended sale hours and they are: Champps, Chi Chi's and Frenchmans. It was determined that all alcohol ordinances should be merged into one section, for ease in referencing, and that any other housekeeping changes or updates should occur at the same time. In reviewing the ordinances, there were several areas that require direction from the City Council before staff is able to go forward in completing the ordinance revisions. They are as follows: • Richfield's current ordinance for Sunday sales allows for sales on Sundays to begin at 11 a.m. The state statute allows for liquor sales on Sunday to occur as early as 10 a.m. Should Richfield's ordinance be changed to allow for sales at 10 a.m., instead of 11 a.m.? Sunday brunches are the biggest reason that establishments may be interested in earlier serving hours on Sunday. • Currently, temporary sales of 3.2 intoxicating malt liquor are only allowed for organizations that may want to do one day, special events. Should temporary sales of on-sale intoxicating liquor be allowed as well or keep it restricted to only 3.2 intoxicating malt liquor? A license fee would be added for one or both. • The current ordinance specifies the need for a restaurant to have a total market value, including land, building and equipment, of at least $600,000 and a hotel to have a total market value of $1,000,000. By today's standards, these amounts may now be low and need updating but was the intent of this requirement to restrict on-sale intoxicating liquor licenses to larger establishments rather than a very small business? Should the emphasis be on larger establishments? Does it matter? • Should establishments in town (pizza parlors, hotels, etc.) be able to make deliveries of alcohol to private homes? The risk, of course, is the delivery of alcohol to underage youth. Most of the other changes made in the ordinances have been housekeeping in nature and don't require direction from the City Council. III. BASIS OF RECOMMENDATION A. POLICY • A change in Minnesota State Statute and previous direction from the City Council has been to amend the City's ordinance to adopt the later service hours for alcohol. This includes the later service of 3.2 intoxicating malt liquor and wine until 2 a.m. B. CRITICAL ISSUES • The revision of alcohol ordinances and merging of them into one section makes for clearer information and easier access for staff and others interested in the ordinances. It also provides needed updated information and housekeeping changes. C. FINANCIAL • Updates to the ordinance will include new fees for the temporary service of 3.2 intoxicating malt liquor and on-sale intoxicating liquor, if Council approves of one or both. D. LEGAL • Mary Tietjen, of the City Attorney's office, has been reviewing this ordinance draft with staff throughout the process and is ready to put it into final form after receiving direction from the City Council on several issues. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could choose to leave the ordinances as they currently are; however, that would mean that 3.2 intoxicating malt liquor and wine establishments might not sell alcohol to 2 a.m. It would also mean that the updating and housekeeping that needs to occur wouldn't be done and staff wouldn't have policy direction on several critical areas. V. ATTACHMENTS • Draft of ordinance, Chapter XII. VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~~! None. Sep-03-03 11:28 From-Kennedy & Graven +61233/y~i l U cxAPTER xIz ALCOHOLIC BEVERAGES '~1-~pJ r uu~jciuia r-ion / ~~/® O'er - DRAFT Section 1200 General Provisions License Applications. Eligibility and Restrictions 1202.01. Definitions. Subdivision 1. The definitions in this Section will apply when these words and phrases are used in this Chapter. Subd. 2. "Alcoholic beverage" means any beverage containing more than one-half of one percent alcohol by volume. .Subd. 3. "City" means the City of Richfield. Subd. 4. "Club" or "veterans organization" means an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: (i) has more than 30 members, (ii) has owned or rented a building or space in a building for more Shan one year that is suitable and adequate for the accommodation of its members; (iii) is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages as may be fixed and voted each year by the governing body. Subd. ~. "Comz~n.issioner" means the commissioner of public safety of the state of Minnesota. Subd. 6. "Director" means the director of public safety or the director's designee. Subd. 7. "Hotel" means an establishment where food and lodging are regularly furnished to transients and v~~hich has: (i) a dining zoom searing the general public at tables and having facilities for seating at least 30 guests at one time; and (ii) not fewer than 25 guest rooms. [revie~v: aligned definition ~vvith state statute] Subd. 8. "Intoxicating liquor" or "liquor" means ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. Subd. 9. "Liquor stores" means the municipal liquor stores. Subd. 10. `'Minor" means a person under the age of 21. Subd. 11. "Off=sale" means the sale of alcoholic beverages in original paekages for consumption off the licensed premises only. Subd. 12 "On-sale" means the sale of alcoholic beverages for consumption on the licensed premises only. MDT-233Sfi4+~? RC1d5-~0? Seri-03-03 11:28 From-Kennedy & Graven +eiiaars~iu i-aoa r uuaiuia r-ioa l~R~~T Subd. 13. '`Restaurant" metuns an establishment, other than a hotel, under the control of ~~~- ' a single proprietor or manager, where rrxeals are regularly prepared on the premises and served at tables to the general public, and having appropriate facilities for serving no fewer than 40 guests at one time. [review: removed square footage requireme>at and aligned definition with state statute) Subd. 14, The terrrxs "sale" and "sell" arxd "sold" include and refez to all barters and all manner of famishing alcoholic beverages, including such furrii skiing in violation or evasion of law_ Subd. 15. "3.2 percent malt liquor" means malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. Subd. 16. "Wine" is the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other a~-icultural products than. sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in .each instance containing not less than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use. Section 1202.03. State law adopted. Except as modified by this Chapter, the provisions of ylinnesota Statutes chapter 340A are adopted by reference. Section 1202.05. License. Subdivision 1. General rule. No person, except wholesalers or manufacturers authorized under state license, may directly or indirectly deal in, sell, or keep for sale ~~; any alcoholic beverages for sale without first having received a license to do so as provided in this section. Subd. 2. License tem1. All licenses are effecti~~e January 1 throw December 31. Subd. 3. Types of licenses. The following types of licenses will be issued by the City: (a) 3 2 percent malt liquor. (1) On-sale. On-salE licenses may be granted to restaurants, hotels, clubs and establishments having food licenses, provided that no 3.2 percent malt liquor manufacturer or u~holes:rler has any interest in such business. No more than 15 on- sale licenses will be issued. (2) Off-sale. Ofd=sale licenses may be banted for the sale of 3? percent malt liquor for consumption offthe premises. (3) Temporary on-sale. Temporary on-sale licenses may be granted to clubs, or charitable, religious or non-profit social organizations, labor organizations, political parties, churches or similar corporations. The term '`political party" means a city- wide political party organization but does not include individual candidates or their campaign committees.. A separate license and investigation .fee, as established by Appendix D, will be paid for a temporary license under this Section. A temporary license is effective for a single period of not more than 12 consecutive hours. Only three temporary licenses may be issued to a single applicant in one calendar year. ~SDT-23~~69JL 2 RC14S-507 Sep-03-03 11:29 From-Kennedy ~ Graven +6123379310 T-563 P.004/019 F-185 ~A~T (b) Tntoxicatin~ liquor. (1) On-sale. The City will issue an on-sale intoxicating liquor license only to hotels, restaurants, and clubs. No snore than 10 licenses may be issued, excluding licenses issued to clubs. (2) 7eznporarY on-sale. The same terms in Subd. 2(a)(3) of this section apply to a temporary on-sale intoxicating liquor license. (c) Sunday Sales. (1) T-lotels, restaurants and clubs that qualify for licenses under this Chapter and that have facilities for serving not less than 40 guests at one time, may serve alcoholic beverages on Sundays between the hours of 10:00 a.m. Sunday and 2:00 a.m. Monday in conjunction with the serving of food. (2) No separate public hearing, bond, investigation fee or insurance is required for a Sunday license. (3) An applicant for a Sunday license may adopt,. and need not repeat, the information contained its on-sale license application, for use in its Sunday license ~~ application. (d) Wine. (1) On-sale wine licenses maybe issued to restaurants, hotels and clubs. (2) No more than 7 wine licenses may be issued. Section 1202.07. License Eli ibilit .Subdivision 1. Ineligible person. No license shall be granted to or held by: (a) any person who is ineligible for a license under state law; (b) any person who is under the age of 21 years of age; (c) any person who is not of good moral chazacter and repute; (d) any person. who has had ~an intoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns arty interest, whether as a holder of more than five percent of the capital stock of a corporation licelzsee, as a partner or otherwise, in the prenctises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; 1~IDT-23336Sw2 ~ RC145-70? Sep-03-03 11:29 From-Kennedy & Graven +6123379310 T-5sa P.uuSioia r-ids .. ~~, (e) any person who, within five years of the license application, has been convicted of a ~- ~' felony or any willful violation of a federal or state law or local ordinance, governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic - beverage, or whose liquor license has been revoked for any willful violation of any such laws or ordinances; (fj any persons who has a direct or i,ndireet interest in a manufacturer, brewer or wholesaler; (g) any person who is directly or indirectly interested in any other establishment in the city to which a license of the same class has been issued under this Chapter; the term "interested" as used in this paragraph means and includes any pecuniary interest in the ownership, operation, management or profits of such an establishment; (h) any person who is the spouse of a person ineligible for a license under this section; and (i) any person who, in the judgment of the city council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. Subd. 2. Ineligible places. N~o li.cense shall be granted to or held by: (a) any premises upon which taxes or assessments or other financial claims of the city or ~ of the state are .due, delinquent and unpaid. The .city council may, upon request by the -' applicant or licensee, waive strict compliance with this provision if the applicant or licensee has contested their tax liabilities or other financial claims through a process permitted by federal or state regulations or by city ordinance; or is working out debt problems under the supervision of a bankruptcy court or pursuant to some other formal agreement. No waiver may be wanted, however, if taxes or any portion thereof, remain unpaid for a period exceeding one year after becoming due. (b) any premises owned by a person who is ineligible under this Chapter. Premises owned by a minor are not disqualified Linder this subdivision. Subd. 2. Specific entities. (a) .Corporations. A corporation will be ineligible for a license or a license renewal if it does not have a manager who is eligible pursuant to the provisions of this section or if its corporate stock is owned or subject to the beneficial interest of any person or the spouse of any person ineligible for a license. (b) Forci~n corporations. A, corporation that is not incorporated in the State of Minnesota is ineligible for a license. [has this been. the practice?'] (c) Restaurants. A license may not be granted for a restaurant to a restaurant which does not have a total rrxazket value, including land, building and equipment, of at least 5600,000. [Betsy and I talked about this. paragraph and paragraph (d) below -needs ,r-~ further discussion]. Iv(t)T 2~?869JZ ~} RClat_S07 Sep-03-03 11:29 From-Kennedy b Graven t61133rya~u i-aoa r.uuuiuia r-~o:, ~4- ~, (d) Hotels. A license may not be granted for a hotel to a hotel which does not have a '~ ,_, total market value, including land, building and equipment, of at least $1,000,000. _ (e) Veterans oraarvzation or club. A veterans organization or club that does not limit access to the organization's facilities to members and their bona fide guests is not elio ble for a license. Section 1202.09. License applications; in general. Subdivision 1. Filing. License applications must be filed with the duector at least 60 days prior to the time that the business will open or serve alcoholic beverages. Subd. 2. Contents of application. All license applications must contain the following information: (a) Whether the applicant is a natural person, corporation, partnership, or other form of organization; (b) The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions, location of buildings, street access, parking facilities and the locations of and distances to the nearest church building and school grounds; [delete?j (c) The floor number and street number where the sale of liquor is to be conducted and the rooms where liquor is to be consumed; a floor plan of the dining room, or dining roonns, which shall be open to the public, which shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms; (d) If a permit from the federal government is required, whether or not such permit has been issued, and, if so required, in what name issued, and the nature of the permit; [delete?] (e) Financial data acceptable to the Ciry showing the amount of investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade and similar items, and proof of the souxce of such money; (f) The names, and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, or stock in trade, including, but not limited to, ;may lessees, lessors, mortgagees, mortgagors, lendors, lien holders, trustees, trustors, and persons who have co-signed notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant; and the name of such interest, the amount, of the interest; terms for payment or other zeimbursement; (h) Whether or not all real estate and pezsonal property taxes for the premises to be licensed have been paid and, if aiot paid, the years for which such taxes are delinquent; (i) If the application of << license is for premises planned, under construction or undergoing .substantial alteration; the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed, unless such plans are already on f le with the Inspections Division of the City. MD?-233869v2 RC 145.507 Sep-03-03 11:29 From-Kennedy & Graven +6123379310 T-563 P.ouliuie r-ina ~`~. (j) Proof that the applicant has complied with all of the procedures required under the ``~- ' zoning regulations of the city to qualify the proposed licensed premises as an approved location; the council shall not act upon an license application until the applicant has - complied with all such regulations and the council has given final approval of the site and building plans; and (k) Any other information that the City Council requires. Subd. 3. Additional anforrnation: natural persons. If the applicant is a natural person, the following information shall be furnished: (a) true name, place and date of birth, and street residence address of the applicant; (b) whether the applicant has ever used or been known by a name other than the applicant's true name, and if so, what was such name, or names, and information concerning dates and places whew used; (c) the name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; (d) whether the applicant is marred or single; if married, true name, place and date of birth and street residence address of the applicant's present spouse; !~! (e) whether the applicant and present spouse are registered voters, and, if so, where; (fl street addresses at which the applicant and present spouse have lived during the preceding ten years; (g) whether the applicant or .the applicant's spouse, or the manager and all pexsons holding or possessing an interest i.n the business to be licensed, have ever been convicted for violation. of any law of the United States, State of Minnesota, or any other state or territory or any municipal ordinance; (h) whether the applicant o1- applicant's spouse has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similaz nature, and if so, the applicant must funush information as to the time, place and length of tithe; (i) whether the applicant has ever been in military service, and if so, the applicant must, upon request, exhibit (provide ciocumentation of?j all dischazges; (j) the name, homE address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of ldn to the applicant or his spouse than second cousin, whether of whole or half blood, or who is a brother-in-law or sister-in-law of the applicant or applicant's spouse. ~ Subd. 4. Additional information: partnership. If the applicant is a partnership, the ~~--- ~ application must provide the names and addresses of all partners and all information concerning each partner as is required of a natural person applicant in subdivision 3. A managing partner, or MDr-23~369v2 6 RC 1a5-507 Sep-03-03 11:19 From-Kennedy E Graven +6123379310 T-563 P.oueiuis r-ie5 ~ partners, must be designated, the interest of each partner in the business must be disclosed, and a '`_=' true copy of the partnership agreement must be submitted with the application. Subd. 5. .A.dditional information: corporation. If the applicant is a corporation or other organization, the following information must be furnished: (a) the corporate name, and, if incorporated, the state of incorporation; (b) a true copy of the certificate of incorporation, articles of incorporation or association agreement and bylaws; (c) the name of the manager or proprietor or other agent in charge of the premises to be licezxsed, giving all the information about said person as is required of a natural person in subdivision 3; (d) a list of all natural. persons who, svngly or together with their spouse, or a parent, brother, sister or child of either of them, own or control an interest in said carporation or association in excess of 5%, or who are officers of said corporation or association, together with their addresses and all other information required of a natural person in subdivision 3. Subd. 6. Execution of application. An application must be executed as follows: (a) an application by a natural person, by that person; (b) an application by a corporation, by an officer of the corporation; (c) an application by a pat•4~ership, by a partner; (d) an application by an incorporated association, by the manager or managvng officer. Section 1202.11. License fees. Subdivision 1. Amounts. License fees are established by the City Council and are fixed in Appendix D to this Code. Subd. 2. Payment. An applicant for any license must pay the total license fee when the application is filed. When an original on-sale intoxicating liquor license is issued for a portion of a year, the license fee will be prorated at the rate of one-twelfth of the license fee per month or portion of a month remaining in the licezxse yea~•. License fees will be paid into the general fund of the city. Upon rejection or withdrawal of any application for a license, the license fee will be refunded to the applicant except where rejection or withdrawal is for a willful misstatement in the license applica- tion. Subd. 3. Investigation fee. (a) In general. At the time o£each original application for a license, the applicant must also pay an investigation fee set by appendix D_ If the expenses of the investigation exceed the investigation fee, the duector will notify the applicant and require the applicant to pay an additional investigation fee as provided in appendix D which the dixector deems necessary to complete the investigation of the applicant. The applicant must pay any additional inves- wIDT 233869Y2 ~ RC145-507 Sep-03-03 11:29 From-Kennedy b Graven- ttiicaary~iu i-aoa r.uuaiuio r-ioa ~ Ligation fee within five days after notification and before the license will be issued. If such ~ _ additional investigation fee is not paid within the five day period, the city will give no further consideration to the application. (b) $xce~tions. The city will not charge an investigation fee for a Sunday license. A .partial or complete waiver of airy applicable investigation fee will be waived if all of the following conditions exist: (1) the applicant is a frateroal, veterans, or charitable organization; (2) revenues in excess of operating expenses aze .contributed to the support of community projects or programs; and (3) the officers of the organization aze elected by and responsible to the general membership. Subd. 4. Refunds. No part of a license or investigation fee shall be refunded except in accordance with this section or city council action. Subd. 5. Additional investigation. If additional invesrigation is required because of a change in the ownership, interest or control of a partnership or a corporation, or other reasons determined necessary by the director, the applicant must pay an additional investigation .fee as provided in appendix D. ~~ Section 1202.13. )viability insurance. Subdivision 1. General requirement. No license may be issued unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by Minnesota Statutes. section 340A.801. This Section applies to the municipal liquor stores as described in Section 1213 of this Chapter. Subd. 2. Proof of financial xesponsibility. Proof of financial responsibility must be submitted to the director at the time of application for a new license or renewal of an existing license and may be given by filing: (a) A certificate of insurance that there is in effect art insurance policy issued by an insurer required to be licensed under Minnesota Statutes section 60A.07, subdivision 4, or by an insurer recognized as an eligible surplus lines carrier pursuant to Minnesota Statutes section 60A.206 or pool providing at least of coverage because of bodily injury to any one person in any one occurrence, because of bodily izijury to two or more persons in any one occurrence, because of injury to or destruction of property of others in any one occurrence, for loss of means of support of any one person in any one occiuxence, and _ for loss of means of support of two or more persons ixx any one occurrence; (b) A bond of a surety company with minimum coverages as provided in paragraph (a); or MDT-233369v2 8 RC14S-507 Sep-03-03 11:29 From-Kennedy ~ Graven +6123379310 7-563 P.010/019 F-185 ~ (c) A certificate of the state treasurer that the licensee has deposited with the state `~~_..: treasurer $100,000 in cash or securities which may be purchased by savings banks or for trust funds having a market value of $100,000 Subd. 3. Payment and covera>e. (a) The insurance policies xztust provide that no payment of any claim by the insurance company will in any manner decrease the coverage provided for any other claim or claims brought against the insured or the insurer. (b) The insurance policies must provide coverage for claims arising out of incidents on both the interior and exterior of the licensed premises. Subd. 4. Exclusions. The insurance requirements in this Section do not apply to licensees who by affidavit establish that: (a) they are on-sale 3.2 percent malt liquor licensees with sales of less than $25,000 of 3.2 percent malt liquor for the preceding year; (b) they are off-sale 3.2 percent malt liquor licensees with sales of less than $50,000 of 3.2 percent malt liquor for the preceding year; (c) they are holders of on-sale wine licenses with sales of less than $25,000 for wine for the preceding year; or (d) they aze holders of tempcytary wine licenses issued under law. Subd. 5. Partnership. In the case of a partnership, any required bond or insurance policy must be in the name of all partners. Section 1202.15. Granting of licenses. Subdivision 1. Recommendation by duector of public safe Applications for licenses will be referred to the director of public safety and to such other city departments as the city manager deems necessary, for verification and investigation of the facts set forth in the application. The director will make such investigation of the information requested in section 1202.09 as necessary and will make a wrirten recommendation and report to the council which will include a list of all violations of federal or state law or municipal regulations. Subd. 2. public hearing. (a) A public- hearing will be held for original applications on annual licenses. Upon completion of the director's preliminary report, the council will instruct the city clerk to publish a notice of the hearing in the official newspaper ten days in advance of the hearing to be held by the city council. The notice must set forth the day, time and place where the hearing will be held, the name of the applicant, the premises where the business is to be conducted, and such other information as the council may direct. (b) At the hearing, oppominiry will be given to any person to be heard for or against the ~~ granting of the license. The applicant or applicant's representative must be present at the MDT-233S69v2 9 RCIaS-507 Sep-03-03 11:30 From-Kennedy b Graven +6123379310 T-563 P.uliiuia r-ina ~ hearing to provide such additional information as may be required by the council. Failure to \, ,' be present at the meeting is growids for denial of the application. (c) After the hearing, the council may either grant or deny the license. If the council grants the license, the council may withhold its issuance until the applicant is fully--qualified for the license. If the premises t<~ be licensed are not complete at the time that the hearing is conducted, the council may grant the license but will withhold iu issuance until the premises have been completed in accordance with the representations made by the applicant. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not complete the premises within a reasonable tune, the council may rescind its action granting the license. Before the council takes such action, however, it must give the licensee at least eight days' mailed notice of the time and place of a hearing on the proposed recession. Section 1202.17. Renewal applications_ Subdivision 1. Tithe. Applications for the renewal of a license must be filed with the director at least 60 days prior to the date of the expiration of the liceo.se. If in the judgment of the council good and sufficient cause is shown by any applicant for failure to file for a renewal within the tithe provided, the council m.ay, if the other provisions of this section are complied with, waive this requirement and grant the application. Subd. 2. Statement for restaurants. At the time the renewal application is submitted, the applicant must file with the director a statement made by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the 12-month period immediately preceding the date for filing the renewal application. Section 1202.19. Revocation. Subdivision 1. General. The city council may suspend or revoke a liquor license. for the violation of any provision or condition of this section or of any state law or federal law regulating alcoholic beverages and will revoke a license for any willful violation which, under state law, is grounds for z~nandatory revocation. Subd. 2. Procedure. The city council will follow the revocation and suspension procedures in Minnesota Statutes, section 340A.415. Section 1202.21. License restrictions. All licenses are subject to the restrictions in this section, unless otherwise provided. Subdivision 1. fours of operation. (a) No sale of alcoholic beverages znay be made: (1) between the how~s of 2:00 a.zrt. and 10:00 a.m. on Sunday; (2) before 5:00 p.m. on any electiozt day in the Gity; and (3) between the hours of 2:00 a.m. and 3:00 a.m. on any weekday, other than Sunday. (b) Any establishmertt that serves food aztd also keeps or sells alcoholic beverages, must be closed to the public by 2:00 am. MD"C-233669v2 10 RC 145-507 Sep-03-03 11:30 Fram-Kennedy & Graven +61[aaraaiu i-aoa r.uiciuiy r-ioa Subd. 2. Laws and ordinances. All licenses are subject to the provisions of this section and ~~ of any other applicable ordinance or law. Subd. 3. Postin .The written license must be posted in a conspicuous place in the licensed premises at all times. Subd. 4. Conduct. The licensee is responsible for the conduct of the place of business and for the conditions of sobriety and order in the place of business and on the premises. Subd. 5. No combination sales. On-sale liceztsees may not sell alcoholic beverages off-sale. Subd. 6. Annlicant only. All licenses granted under this section must be issued to the applicarn only. Subd. 7. No transfer of licenses. (a) No license may be transferred to a different person, location, or premises without authorization from the Ciry Council. (b) Anew license application and .required fees containing all of the information required under Section 1202.09, must be filed with the director if (1) these is a change in the business structure or organization of the licensee, ~, including, but not limited to, changes in the corporate or association officers, charter, _ articles of incorporation, bylaws or partnership agreement; (2) there is a change in the legal or beneficial ownership of corporate stock which, together with the interest of a spouse, pazent, brother, sister, or child, involves 5% or more of the corporate stock; (3) there is a grant of any power of attorney, voting proxy, pledge or other assignment of the voting rights of corporate stock. which will effect alone, or in conjunction with any other assignment to the same assignee, their spouse, parents, brother, sister, or child, 5% or more of the voting shazes of stock; (4) .there is the creation of any new pecuniary interest in the ownership operation management, or profits of the licensed business; or (5) there is the existence of any other situation whereby individuals other than those listed in the original license application acquire a role in the management, operation or profit of the license. Subd. 8. Licensed area.. A license shall be issued only for the premises described in the application and is not effective beyond the compact and contiguous space shown in the application. In no case may the licensed area extend beyond the interior of the buildins on the licensed premises. Service of alcoholic beverages on the exterior of a building requires an additional license and fee as described in § NIDT-233S69~2 11. RClaS-507 Sep-03-03 11:30 From-Kennedy & Graven toicaaiyaiu ~-~o~ ~ ~~~~~~~ ~-~o., DRAFT Subd. 9. Employmeztt of Minors. (a) No person under 18 years of age may be employed in a place where alcoholic beverages are sold for cons~uuption on the premises. (b) Persons under 18 years of age may be employed as musicians or in bussing or washing dishes in a restaurant, hotel, club, or other establishment, provided that the person under the age of 18 may not serve or sell any alcoholic beverages. (c) No person under 18 years of age may o{~er for sale, sell, or in any way assist in the sale of alcoholic beverages for consumption off the premises. This prohibition does not apply to activities merely incidental to the sale of alcoholic beverages, such as stocking shelves or carrying alcoholic be~•erages firom the establishment at a customer's request. Subd. 10. Illegal sales. Alcoholic beverages may not be sold, famished or delivered to any obviously intoxicated person, to a minor or to any person to whom sale is prohibited by state law. Subd. 11. Gambling prohibited. No licensee or any employee of a licensee amy keep, possess, or operate or permit .the keeping, possession or operation on the licensed premises, or in any room adjoining the licensed premises of any gambling device as defined in Minnesota Statutes, section 349.30, or any gambling device or apparatus which is capable of being used for unlawful gambling. This subdivision does not prevern lawful gambling on the licensed premises for which a license has been obtained pursuant to Minnesota Statutes, section 349.16. ,~ _ Subd. 12. Prostitution. No licensee or any employees may knowingly permit the licensed premises or a room in those premises or any adjoining building directly or indirectly under the licensee's control to be used as a resort for prostitutes. Subd. 13. Nadi (a) It is unlawful for any person on premises licensed under this Chapter to: (1) Employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such atrire, costume or clothing so as to expose or to view any ponion of the female breast below the top of the areola or of any portion. of the pubic hair, anus, cleft or the buttocks, vulva or genitals. (2) Employ or use services of any host or hostess while such host or hostess is unclothed or in such attil-e, costume or clothing as described in paragraph (1) above. (3) Employ or use <<ny dancers, musicians or other performers or entertainers, who are unclothed or in such attire, costume or clothing as described in paragraph (1) above. (4) Directly or indirectly sponsor any contests which may foreseeably cause, ~ result in, or lead to the occurrence of the acts or incidents described in paragraph (6) __ below_ r~D•~-is t8to.~s 12 RC 1A5-507 Sep-03-03 11:30 From-Kennedy b Graven +6123379310 T-563 P.ol4/019 F-le5 \ (5) Encourage or permit any person on the licensed premises to touch, caress or fondle breast, buttocks anus or genitals of any employee of the licensee or any - performers or entertainers who are employed yr whose services are used by the licensee. (6) Permit any person to perform acts of or acts which simulate: a. With or upon another person sexual intercourse, sodomy, oral copulation, flagellation or any sexual act which is prohibited by law. b. Masturbation or bestiality. c. With or upon another person the touching, caressing or fondling of the buttocks anus, genitals or female breasts. d. The displaying of pubic hair, anus, 'vulva, genitals or female breasu below the top of the areola. (7) Permit any person to use artificial devices or inanimate objects depicting any of the prohibited activities described in this section. (8) Permit. any person to remain in or upon the licensed premises, or any area !_~~ owned or controlled by the licensee upon the licensee's premise, who permits the -- public to view any portion of his genitals or anus. (9) Permit the showing of film, still pictures, electronic reproduction or other visual reproduction depicting: a. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law. b. Any person being touched, cazessed or fondled on the breast, buttock, anus, or genitals. c. Scenes wherein a person displays the vulva, the anus or the genitals. d. Scenes whereizt artificial devices or inanimate objects are erzlployed to .depict, or d~•awings are employed to portray, any of the prohibited activities described in this section. (b) The provisions of this Section do not apply to any theatrical production performed in a theater by a professiorxal theatrical or musical company which has serious artistic mezit. (c) Both the licensee and the person(s) actually engaging in any of the acts prohibited by __ subsection (aj will be criminally liable. Any violation of this section will also constitute grounds for revocation or suspension of the licensee's license. MDT-2338692 13 RC id5.307 Sep-03-03 11:30. Fram-Kennedy & Graven +6123379310 ~-5ba r.uiaiuiy r-ioo Subd. 14. Inspections. (a) A properly designated officer or employee of the city may enter, inspect and search the licensed premises during business hours without a warrant. (b) A properly designated officer or. employee of the city may inspect the business records of the licensee, including federal and state tax returns, at all reasonable times. Subd. 15. Dis la . No licensed establishment may display alcoholic beverages to the public during hours when the sale of liquor is prohibited by this Chapter. Subd. 16. Federal stamp. A licensee may not apply for or possess a federal wholesale or retail liquor dealer's special tax stamp or a federal gambling stamp. Subd. 17. Chan e of ownership. Changes in the corporate or association officers, corporate charter, articles of incorporation, bylaws or partnership ad Bement, as the case may be, must be submitted to the director not less than 30 days before such changes are to be made. In the case of a corporation, the licensee must notify the director when a person not listed in the onainal application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds five percent. The notice must be given not less than 30 days from the date that the interest is acquired. ~~ Subd. 18. Restaurants and hotels. Restaurants and hotels licensed under this Chapter must -- be conducted in such a manner that more than fifty (50) percent of all revenues are derived from business activities related to the serving of food. Subd. 19. Notice required. (a) A licensed establishment, and municipal liquor stores, must post and maintain in a conspicuous place within the licensed premises clearly visible to consumers: one sign 14 - 1/z inches wide by 3 inches high as designed by the .commissioners of health artd public safety, which incorporates the following information: (1) the penalties of driving while under the influence of alcohol; (2) the penalties for serving alcoholic beverages to a perso>a who is obviously intoxicated or under 21 years of age; and (3) a warning statement regarding drinking alcohol while pregnant. (b) The licensee or municipal liquor store may not modify the sign as designed by the commissioners of health and public safety, but may modify the color of the sign. Subd. 20. Ori~iztal packa>7e. A licensee may not sell, offer for sale, or keep for sale, n alcoholic beverages in any original package which has been refilled or partly refilled. No licensee may in any manner tamper with the contents of an original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of MDT 233869v2 14 RCI45-507 Sep-03-03 11:30 From-Kennedy & Graven +6113379310 T-563 P.016/019 F-ley ~, any alcoholic beverage in the original package difi'ering in the composition or alcoholic content in `~~__! the liquor when received from the manufacturer or wholesaler from whom it was purchased will be prima facie evidence that the contents of the original package has been diluted, changed or tampered - with. 1202.23. Enlargement, alteration or extension of licensed premises. The pzoposed enlazgement, alteration or extension of any licensed premises must be reported to the director at or before the time an application is made for a building permit for :the change. The licensee must also provide any additional information as requirnd by section 1202.07. Section 1204 -Minors 1204.01. Adoption of state law. Minnesota Statutes sections 340A.503 and 340A.412, subdivision 10 are adopted by reference and apply to all retail liquor establishments, including the municipal liquor stores. 1204.03 Restrictions involving minors. Subdivision 1. General prohibitions. No licensee, its agent or employee or a municipal liquor store, may sell, serve, or dispense alcoholic beverages to a minor. No licensee, its agent or employee or a municipal liquor store, may pcrnut a minor to be furnished or to consume any alcoholic beverages on the licensed premises, nor may a licensee, its agent, or employee or municipal liquor store permit a minor to be present on the licensed premises where alcoholic beverages are sold or served, unless accompanied by the minor's parnnt or legal guardian. Subd. 2. Crivizt~ or procuring for minors. No person may give, procure or purchase, alcoholic beverages for a minor. Subd. 3. Inducin . No person may induce a minor to purchase or procure alcoholic beverages. Subd. 4. Possession. No minor may be din possession of any alcoholic beverage for his or her own consumption or for consumption by another minor. Possession by a minor of any alcoholic beverage will create a rebuttable presumption of intent to consume. Subd. 5. Misrepresentation of gee. No minor may misrepresent his or her age for the purpose of obtaining or purchasing alcoholic beverages. Section 1206 -Consumption and Display Permits 1206.01. State law adopted. Minnesota Statutes section 340A.414 regulating the establishments for the consumption and display of intoxicating liquor is adopted by reference. MATZ33R69v2 15 trigs-soy Sep-03-03 11:31 From-Kennedy & Graven +6123379310 T-563 P 017/019 F-165 '' ~ Section 1208 - Specific Conditions for lntoxicatinQ Liquor Licenses 1208.01. No combination sales. An on-sale intoxicating liquor licensee may nit sell intoxicating liquor off-sale. 1208.03 Bond. Subdivision 1. RecLnired. At the time of filing an application for an intoxicating liquor license, the applicant must file a bond with a corporate surety with the director. The bond must be in the amount of $10,000 (follow up om amount]. The licensee must keep the band or any substituted bond in the same amount and with the same terms in full force and effect throughout the license period. The bond is subject to the approval of the city attorney as to form and execution. The surety on the bond must be a surety company duly licensed to do business in the State of Minnesota Surety bonds, when approved by the proper city officers, must be deposited with the director. Subd. 2. Conditions. The bond will be conditioned as follows: (a) that the licensee will obey the law relating to the licensed business; (b) that the licensee will pay to the city when due all taxes, license fees, penalties and other changes provided by law; (c) that in the event of violation of any law relating to the business for which the license -has been granted for the sale of liquor, the bond wild be forfeited to the city[is this really ~, what will happen?]; and ,_; (d) that no caztcellation for <u~y cause can be made either by the bonding company or the applicant, without 30 days written notice to the city, addressed to the director of public safety, of intention to cancel the bond. 1208.05.. EznploYee Licenses. Subdivision 1. General Rule. -All employees of a premises licensed under this Section, including, but not limited to, managers, bartenders, and wait persons; who serve or dispense alcoholic beverages in any manner must be licensed by the city. An employee must apply for the license within seven days after being first employed. Subd. 2. Application. An employee must complete the application provided by the city. The application must contain the following information: (a) a history of the applicant's addresses for the last years; (b) the record, if any, of any arrests and convictions for crimes and misdemeanors, other -than traffic offenses. Subd. 3. Review of application. The duector will review and investigate the facts in the application, and either approve- or deny the license. If the director approves the license, it will be issued immediately. If the director denies the license, the applicant may request a hearing before the city council and may offer evidence to show that the license should be issued. ~_ Subd. 4. lnelis?ibiliri for _license. If, within years of the license application, the applicant has been convicted of a felony or any willful violation of a federal or state law or local MDT-233&692 1( RC 145-507 Sep-03-03 11:31 From-Kennedy & Graven +6123379310 T-563 P.018/019 F-185 ., ~, ter. t~ ,~ i ~'1 ordinance, governing the manufacture, sale, !diistribution, or possession for sale or distribution of an alcoholic beverage, or has Irnowingly falsified information in the application, the applicant is not eligible for a license. Subd. 5. Revocation. The city may revoke an employee's license for any violation of this Chapter or Minnesota Statutes section 340A, or for any conviction of any crime or misdemeanor involving moral nupitude. Subd. 6. License term. An employee license is valid for two yeazs from its issuance. Subd. 7. License fee. -The fee for an employee license is set by the city council and is as provided in Appendix D to this Code. Section 1209 Specific C'oraditions for 3 2 Percent Malt Liquor License 1209.01. Mixin ors ilcin roitibited; ostin re aired. (a) No licensee may permit any mi~cixag ar spiking of 3.2 malt liquor or any other beverage on the premises, twless licensed to do so. (b) A sign of sufficient size and clarity reading "no spiking allowed" or "no spikinrd' must be conspicuously displayed in all on-sale premises. 1209.03. Intoxicatin li uor rohibited. No licensee may permit the consumption of intoxicatinC liquor, other than 3.2 malt liquor, on the licensed premises, unless licensed to do so. 1209.05. Number of licenses. An. on-sale licensee may hold only one on-sale license. Section 1211-1y1uniciQa1 Liquor Stores 1213.01. Liquor stores established and continued. The municipal liquor stores, established pursuant to council resolution dated January. 30, 1943, are hereby established and continued. 1213.03. Locations. The liquor .Stores will be located at a suitable place or places in the city as the council determines. The location sites and facilities may be either leased or owned by the city. 1213.05: Liquor operations dixertor establisk~ed. the liquor stores will be in the immediate charge of the liquor operations director. The liquor operations director will be assisted by such other employees as the council may authorize. The liquor operations director will have full charge of the liquor store acid authority to purchase supplies as are necessary. Policies relaying to the operation of the liquor stores shall be deterri~ined the city council. 1213.07. Hours of business. The liquor stores will be open for business only during the days _ _, and hours authorized by state law. , MDT-233369v2 ~ 17 RCidS-507 , Sep-03-03 11:31 From-Kennedy i Graven +6123379310 T-563 P.019/019 F-185 ~, 1213.09. Limitations. No business other than: the sale of liquor and other items offered for ''~ ) sale at the liquor stores may be carried on by the liquor operations director and employees while they are so employed. 1213.11. Payrnent for merchandise. Checks may be accepted in payment for merchandise, in the discretion of the liquor operations director, provided such checks are for the purchase price of the merchandise only. Credit cards issued by national credit companies which have entered into credit agreements with the city, may also be accepted in payment for merchandise, in the discretion of the liquor operations director. No other form of credit maybe advanced bythe-liquor stores. 1213.13. Clean conditions required. The liquor stores must be kept in a clean and sanitary condition. 1213.15. Consumption on premises prohibited. No liquor may be sold for consumption on liquor store premises. 1213.17. Loitering prohibited. hTabitual loitering about a liquor store is prohibited. 1213.19. Delivery prohibited. Subdivision 1. No liquor may be sold or delivered by liquor store employees or any agents. thereof, except on the liquor store premises. (compare with current sec. 1220.21 to make sure meaning not changed] [do we still zteed secbiozt X220.29, subdivisions 1 and 2?] ~, Subd. 2. Exceptions. Subdivisdon 1 does not apply to deliveries of liquor by wholesale - liquor dealers, warehousemen, or breweries to the liquor stores, or to deliveries by the liquor stores to a wholesale liquor dealer, or to deliveries by to any club holding an intoxicating or 3.2 malt liquor license. 1213.21. Liquor store fiord. The liquor store fund established pursuant to council resolution dated January 30, 1943, is hereby est<blished and continued. All revenues received :from the operation of the liquor stores will be paid into such fund and all operating expenses will be paid out of such fund, subject to the provisions ofthe city charter. 1213.23. Illegal acts. Subdivision 1. Sale prohibited. Liquor may not be sold off-sale at retail, or by any liquor store employee, in the city except at the liquor stores. Subd. 2. Consumption prohibited.. The consumption- and display of alcoholic beverages as defined in Minnesota Statutes section 340A.414 is prohibited, except at a private residence, or the liquor stores or as authorized by law, MDT-233d69~2 1.g RC]AS-c07 AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2003 RESOLUTIONS 202 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of 2003~Revised/2004 Proposed Budget resolutions adopting 2004 preliminary property tax levy, setting truth in taxation hearing dates, authorizing budget revisions, authorizing revision of 2003 budget of various departments, and authorizing use of Public Employees Retirement Association Police and Fire Fund refund interest earnings for police and fire expenditures. I. RECOMMENDED ACTION: By motion: adopt the attached resolutions establishing the 2004 preliminary property tax levy and proposed dates for Truth in Taxation hearings, authorizing. budget revisions, authorizing revision of 2003 budget of various departments, and authorizing the use of Public Employees Retirement Association Police and Fire Fund refund interest earnings for Police and Fire expenditures. II. BACKGROUND On August 13, 2003 at a Special City Council Budget Meeting a presentation and discussion of the 2003 Revised/2004 Proposed Budget and 2004 preliminary property tax levy took place. In addition, information known to date was presented to the City Council regarding the preliminary property tax levy and other non-tax revenue information. It should be noted that State law does not require the CHRIS REGIS, FINANCE MANAGER NAME, TITLE 09092003budgetres Commissioner of Revenue to notify cities of their levy limits until September 1. As a consequence much the information required, including levy limits, to establish preliminary budget information was not available. Since that meeting the majority of the required information has been received. The City's levy limit as determined by the MN Department of Revenue was set at $9,877,310. This levy includes 60% of $1,258,000 of cut Local Government Aid (LGA). The City's new preliminary gross tax levy, which includes a debt levy of $413,910, is now $10,291,220, which represents a 7.26% increase from the 2003 gross levy. Consistent with the Council's policy of eliminating the dependency on LGA, the 2004 Preliminary Budget includes an LGA set-aside of approximately $614,000 of the certified LGA amount reported to the City by the State for 2004 has been held in reserve. State aids to cities have been under attack for the past two years by the Minnesota Legislature and caution needs to be taken that additional reductions could occur in 2004 should the State's economy not recover the degree that we all hope that it will in 2004. III. BASIS OF RECOMMENDATION A. POLICY • The City Charter establishes the first Tuesday in September as the last day for City staff to present a 2003 Revised/2004 Proposed budget to the City Council. While the Truth in Taxation Statute has overridden the Charter process for budget adoption, City staff still follows the Charter provisions, which are not in conflict with the Truth in Taxation statute. • As required by the Truth in Taxation legislation (MS 275.065) each "taxing authority" must certify its proposed property tax levy for payable year 2004 to the County Auditor on or before September 15, 2003. "Taxing authority".includes all counties, all school districts, all cities regardless of population, all towns and all special taxing districts. No local units of government are exempted from this requirement. • In addition, each "taxing authority" with a population of 500 or more, must certify to their County Auditor the dates that have been selected for the Truth in Taxation hearings by September 15, 2003. The date for this hearing must not conflict with the hearing dates of the county or of the school district in which the "taxing authority" is located. This Truth in Taxation public hearing must be held between November 29 and December 20, 2003. B. CRITICAL ISSUES • Along with the 2003 Revised/2004 Proposed. budget and preliminary property tax levy, City staff is also recommending dates for this year's Truth in Taxation public hearings. It is recommended that this year's -~ hearings be set for 6:30 p.m. Monday, December 1, 2003 with a continuation date of 6:30 p.m. Monday, December 8, 2003. As Council Members are aware, at these public hearings, the tax levy may be n reduced from the preliminary tax levy, but not increased. All official action concerning the preliminary tax levy and setting dates `~~ for the Truth in Taxation hearings must be concluded before September 15, 2003. C. FINANCIAL The City's estimated tax capacity rate will reflect a slight increase from 38.998% in 2003 to 40.652% in 2004. A final resolution for consideration authorizes the revision of the 2003 budget to conform to the most recent 2003 revenue and expenditure projections. D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could adopt a lesser 2004 preliminary property tax levy, or 2003 Revised/2004 Proposed budget or select other allowable Truth in Taxation hearing dates. V. ATTACHMENTS • Resolution Adopting a Proposed Budget and Tax Levy for the Year 2004 ~' • Resolution Authorizing Budget Revisions • Resolution Authorizing Revision of 2003 Budget of Various Departments • Resolution Authorizing Use of Public Employees Retirement Association Police and Fire Fund Refund Interest Earnings for Police and Fire Expenditures for 2003 Revised and 2004 Proposed Budget VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2004 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 31, 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 2004 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive $ 772,560 Administrative Services 1,008,130 Public Safety 6,637,780 Fire Services 2,363,320 Community Development 218,270 Public Works 2,993,920 Recreation Services 1,432,110 Transfers 15,000 TOTAL GENERAL FUND $15,441,090 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 2004 which are more fully detailed in the City Manager's official copy of the 2004 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $15,441,090 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2003, payable in 2004 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund $9,877,3102 Debt Service 413,910 ~ 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 2004 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 2003, payable in 2004 for the following purposes: ,n PURPOSE AMOUNT Housing and Redevelopment Authority $332,316 5. A certified copy of this resolution shall be transmitted to the County Auditor. 6. The Truth in Taxation public hearings shall be set for 6:30 p.m. December 1, 2003 with a continuation hearing at 6:30 p.m. December 8, 2003 if necessary. Martin J. Kirsch, Mayor Adopted by the City Council of the City of Richfield, Minnesota this 9th day of September 2003. 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. n ~ - Adopted by the City Council of the City of Richfield, Minnesota this 9th day of September, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2003 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 9268 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2003; 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 2003 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2004 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2003 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Leg islative/Executive ~ Administrative Services -- Community Development Public Safety Fire Services Public Works Recreation Services Transfers TOTAL GENERAL FUND DECREASE $ 757,370 1,008,490 222, 390 6,474,180 2,373,560 2,931,000 1,502,920 94,690 15,364,600 $ 846,210 2. Estimated 2003 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 2004 budget, are .hereby revised as follows: DECREASE $846,210 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of September 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING USE OF PUBLIC EMPLOYEES RETIREMENT ASSOCIATION POLICE AND FIRE FUND REFUND INTEREST EARNINGS FOR CERTAIN POLICE AND FIRE EXPENDITURES WHEREAS, the City of Richfield received a refund of overfunded residual assets from the closed Public Employees Retirement Association (PERA) Police and Fire Fund; and WHEREAS, the City adopted a plan where only interest earnings on the principal of the residual assets are to be used for eligible expenditures; and WHEREAS, all eligible expenditures be restricted to Police and Fire expenditures; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. Proposed 2004/Revised 2003 Police and Fire Expenditures using PERA funds 2003R 2004 Capital Improvement Budget 800 MHz Radio 20,000 20,000 General Fund Operating Expenditures Motor Vehicle 94,000 75,640 114.000 95,640 Adopted by the City Council of the City of Richfield, Minnesota this 9th day of September 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~. AGENDA SECTION: RESOLIITIONS AGENDA ITEM # 12 REPORT # 20 j STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2003 REPORT PREPARED BY: JIM OLSON, PROJECT ENGINEER Nance, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ -~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution regarding a Street Light Fee to be charged to residents to help pay for the operation and maintenance costs on the City's Street lights. I. RECOMMENDED ACTION: By Motion: Adopt the attached. resolution. to allow for the collection of a service fee for the operation and maintenance of the City's street light system. ~ II. BACKGROUND ~ At their annual goal setting session, the City Council directed staff to investigate service fees for street lighting. At the May 13, 2003 Council Worksssion, staff presented background information on service fees for street lights and boulevard trees. At the June 10, 2003 Council Worksession, staff further discussed the street light fee and a timeline for implementing such a fee. The public involvement process ~''`~ was also. discussed. Council directed staff to wait on the implementation of a ~_ %' service fee for boulevard tree maintenance and include it in the 2004 budget discussions to determine if it is necessary. Council then directed staff to hold a public information meeting on the street light fee. 0909Streetlight Fee At the August 12, 2003 public information meeting approximately 60 residents attended. The residents provided comments and asked questions of staff. The `-- ' residents were also given an opportunity to provide written comments. These comments along with others received from phone calls, emails and letters were tabulated and given to the Council Members. III. BASIS OF RECOMMENDATION A. POLICY Pursuant to Minnesota State Statue, Section 429.101, the City Council may authorize for the charge for certain current services provided by the City, including the operation of a street lighting system. B. CRITICAL ISSUES • Tabling of this consideration would allow for further study on alternative recommendations. C. FINANCIAL The street light fee would generate approximately $300,000. The cost for single family and duplex residents would be $6.15 per quarter ($24.60 per year). The rate for commercial, multifamily, churches and schools would be $30.75/acre per quarter ($123/acre per year). Parks and undeveloped land would not be charged a fee. • The fee would show up as a separate line item on the City's water bill. D. LEGAL ~~ Staff has consulted with the City Attorney on the implementation of the street light fee. ALTERNATIVE RECOMMENDATION(S) I • .Reduce service and turn off a portion of the street lights within the City. Staff would recommend that the first lights to turn off would be the mid-block lights on the east-west streets. These are metered lights owned by Xcel Energy, for which the city pays a higher rate. The estimated savings would be $60,000. This decision would have some safety and security issues. The two mid-block lights on the north-south avenues could also be turned off.: These are the City owned ornamental Lights. The cost savings would be far less at $24,000. • Investigate the recovery of street light costs through a franchise fee with Xcel Energy. This was one of the suggestions received on the comment cards from the residents. • Retain street light service in the General Fund as it is today. Other City services would need to be considered for reduction in order to,balance the budget. V. ATTACHMENTS I • Kesolut~on ~I. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING A STREET LIGHT FEE TO BE CHARGE TO RESIDENTIAL AND COMMERCIAL PROPERTIES IN THE CITY OF RICHFIELD FOR THE PURPOSE OF OPERATION AND MAINTENANCE WHEREAS, The City of Richfield deserves good street lighting to ensure safety and security for the residents; and WHEREAS, Every property in the City of Richfield, residential and commercial benefits from streets which are well lighted and maintained through a city street light system; and WHEREAS, pursuant to Minnesota State Statues, Section 429.101, the governing body of a municipality may charge for certain current services provided by the municipality including the operation of a street lighting system. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. Each property in the City of Richfield will be charged a quarterly service fee for the operation and maintenance of the street lights in the City of Richfield. 2. The rate for properties zoned single family and duplex will be $6.15 per quarter. The rate for other land uses including commercial, apartments, multifamily, churches and schools will be based on property area at $30.75/acre/quarter. 3. These rates will remain in effect until the Council changes them. ~~ Adopted by the City Council of the City of Richfield, Minnesota this 9th day of - September, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: .AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9~ 2003 RESOI.DTIONS 11 200 REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES DIVISION MANAGER ]NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Council consideration of a disciplinary hearing and resolutions regarding civil enforcement for establishments in Richfield that recently underwent tobacco compliance checks, conducted by Richfield Public Safet staff, and failed b sellin tobacco to undera a outh. I. RECOMMENDED ACTION: By Motion: Appove the attached resolutions suspending the license to sell tobacco for seven (7) consecutive days for each. of the third time violating establishments; levying a fine against each establishment in the amount of $250 for the third violation; and proposing that the Public Safety Director select the seven consecutive days that the licenses will be suspended. II. BACKGROUND On May 22, and June 10, 2003, Richfield Public Safety staff conducted tobacco compliance checks at all of the establishment's in Richfield that sell tobacco. They were assisted by four underage youth that were 16-17 years of age. These compliance checks were the first checks conducted in 2003. On May 22, 2003, the police division made arrangements for the minors to enter the establishments with undercover police officers. In five instances, the underage 0906 Tobacco Compliance Failures youth were successful in purchasing tobacco. However, license suspensions only occur for the third or subsequent offenses. The business that sold tobacco to underage youth on May 22, 2003 is: • Drug Emporium - 780 W. 66th Street This is a third offense for Drug Emporium. On June 10, 2003, Richfield Public Safety staff conducted additional tobacco compliance checks. They were assisted by four underage youth that were 16-17 years of age. Again, the police division made arrangements for the minors to enter the establishments with an undercover police officer. The business that sold tobacco to underage youth on June 10, 2003 is: • Snyder Drug - 2930 W. 66th Street This is a third offense for Snyder Drug. At no time did any of the minors use the tobacco products. The youth presented their ID's, if requested, and at no time attempted to convince anyone they were of legal age. Establishments were visited at various times, busy or not busy, in an effort to determine if busy times produced more successful buys. It doesn't appear ~' to have made a difference at either time. After each attempt, successful or unsuccessful, the officers identified themselves to the clerks and issued them a citation if they failed. If the underage youth was unsuccessful in purchasing tobacco, the clerk was congratulated by officers. The employee that sold tobacco will be charged criminally in court. The action being taken today is for civil enforcement and penalties against the businesses that hold a license to sell tobacco within the City. The fines being recommended at this time are intended to recover 100% of the costs for conducting the compliance checks and to penalize the businesses punitively. Compliance checks will continue to occur during 2003 at a rate of one or two a year. It is also recommended that 15% of the punitive fines be designated for future tobacco and alcohol education efforts within the community. III. BASIS OF RECOMMENDATION A. hOLICY • Richfield City Code Section 1146 specifies certain improper conduct of tobacco license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of tobacco to ,~ minors. • Staff recommends that the City Council suspend the license to sell tobacco for seven (7) consecutive days for each of the third time violating establishments; levying a fine against each establishment in the amount of $250.00 for the third violation. Staff further t'~ recommends that the Public Safety Director select the seven (7) `-' consecutive days that the licenses will be suspended. B. CRITICAL ISSUES • It is a violation of Minnesota State Statute and City ordinance to sell tobacco to underage youth. • Citizen representatives of the Richfield Advisory Board of Health support severe actions against establishments in an effort to protect the youth of the community and to send a message that youth and their well-being are a high priority in this City. C. FINANCIAL • All costs of conducting compliance checks will be reimbursed through the fines that are levied against an establishment for failing a tobacco compliance check. • Furthermore, 15% of the punitive fines are designated for future tobacco and alcohol educational efforts within the community. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ ~_~ • The Council could decide to take no action against the establishments for the sale of tobacco to a minor, which would result in no disciplinary actions against the establishments. This would, however, send a message to the community that children and their well being are not a priority in Richfield. • The Council may consider taking more or less severe action against the establishments that sold tobacco to underage youth; however; that would deviate from the guidelines set for progressive discipline in City Code 1146. V. ATTACHMENTS • Resolution for Drug Emporium • Resolution for Snyder Drug VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives from each of the establishments are expected to be in attendance at the meeting as they were notified in writing of the need for someone to be present. RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR DRUG EMPORIUM, 780 U WEST 66TH STREET SOUTH AND IMPOSING A CIVIL PENALTY FOR A THIRD TIME TOBACCO COMPLIANCE FAILURE WHEREAS, Drug Emporium ("Licensee") holds a license to sell tobacco products within the City of Richfield; and WHEREAS, on May 22, 2003, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment, and during the compliance check, an employee of the Licensee sold tobacco to a minor; and WHEREAS, this is their third failed tobacco compliance check as a result of the fact that it is within 24 months of their second offense; and WHEREAS, the Licensee appeared before the Richfield City Council on September 9, 2003 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's tobacco license is hereby suspended for a period of seven (7) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days of their Council appearance. 2. A civil penalty of $250 is hereby imposed. On or before October 9, 2003, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $250. 3. Meet with the Director of Public Safety by October 9, 2003 to present an action plan to ensure future compliance. Passed by the City Council of the City of Richfield this 9th day of August 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR SNYDER DRUG, 2930 WEST 66TH STREET SOUTH AND IMPOSING A CIVIL PENALTY FOR THIRD TIME TOBACCO COMPLIANCE FAILURE WHEREAS, Snyder Drug ("Licensee") holds a license to sell tobacco products within the City of Richfield; and WHEREAS, on June 10, 2003, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment, and during the compliance check, an employee of the Licensee sold tobacco to a minor; and WHEREAS, this is their third failed tobacco compliance check as a result of the fact that it is within 24 months of their second offense; and WHEREAS, the Licensee appeared before the Richfield City Council on September 9, 2003 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's tobacco license is hereby suspended for a period of seven (7) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days of their Council appearance. 2. A civil penalty of $250 is hereby imposed. On or before October 9, 2003, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $250. 3. Meet with the Director of Public Safety by October 9, 2003 to present an action plan to ensure future compliance. Passed by the City Council of the City of Richfield this 9th day of September 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: /~ AGENDA ITEM # (~~ j REPORT # STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2003 PIIBLIC HEARING 10 199 REPORT PREPARED BY: RICK REGNIER, INSPECTIONS MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ^~ (~~ ~ti J SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of changes in the Richfield City Code Sections 400 and 320 to update the City building regulations by reference to the latest version of the State Building Code and the State Fire Code and consideration of resolution authorizing summary publication of the ordinance. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the second reading of the attached ordinance relating to building and fire code administration and enforcement; adopting the Minnesota State Building Code and Minnesota State Fire Code and amending, adding, and repealing various subsections of Sections 400 and 320 of the Richfield City Code, by referencing the State codes instead of verbatim inclusion in the City Codes; and, adding new subsection 400.37 to establish additional fees for service for certain Fire Department responses; and authorize summary publication of the ordinance. 0909 State Building Code II. BACKGROUND The Minnesota State Building Code has been adopted by Minnesota Statutes Section 168.61 as a uniform building code applicable throughout the State. This ordinance relating to building and fire enforcement adopts the Minnesota State Building Code and Minnesota State Fire Code; and amends, adds and repeals various subsections of Section 400 and Section 320 of the Richfield City Code by referencing the State codes instead of verbatim inclusion in the City codes. The first reading was approved by the City Council on July 22, 2003, and the notice of public hearing was published in the Sun Current on August 20, 2003. The attached resolution approves the summary publication of the ordinance. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota State Statutes adopted the State Building Code and State Fire Code as uniform building codes applicable throughout the State. • It is mandated that the City building code is to be in compliance with and incorporates changes made to the Minnesota State Statutes. • This revised ordinance adopts the Minnesota State Building Code and Minnesota State Fire Code by reference: amending, adding and ~' repealing various subsections of Section 400 and Section 320 of the Richfield City Code. B. CRITICAL ISSUES • Richfield City Codes must be in agreement with the State Building and Fire Codes. The wording of the attached ordinance references and incorporates the State Building Code and State Fire Code throughout Sections 400 and 320. ~. FINANCIAL • Anew subsection 400.37 has been added to establish additional fees for service for certain Fire Department responses.. These fees were previously discussed at a Council Worksession and staff was directed to establish fees for service at that time. The amendment allows staff to charge a fee to non-residents for car fires and extrication at vehicle accidents. Minnesota auto insurance provides for payment of these emergency services. Staff will directly bill the insurance company for these services. • The amendment will also allow staff to charge a fee for responses to releases of hazardous materials and flammable/combustible substances. These incidents are generally caused by commercial transports and by underground utility contractors and can involve considerable time and equipment from emergency responders. Reimbursement for many of these types of incidents is already allowed in State and Federal laws. This amendment will make the process faster and more efficient. D. LEGAL • Richfield attorneys have reviewed and prepared the attached ordinance. IV. ALTERNATIVE RECOMMENDATION(S~ • There is no alternative recommendation because the City and State codes must be in agreement. V. ATTACHMENTS • Ordinance relating to Building and Fire Code Administration and Enforcement. • Resolution approving summary publication of ordinance. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A l~ C~ BILL NO.2003- AN ORDINANCE RELATING TO BUILDING AND FIRE CODE ADMINISTRATION AND ENFORCEMENT; ADOPTING THE MINNESOTA STATE BUILDING CODE AND MINNESOTA STATE FIRE CODE BY REFERENCE; AMENDING, ADDING, AND REPEALING VARIOUS SUBSECTIONS OF SECTION 400 AND 320 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 400.03 of the Richfield City Code is amended to read as follows: 400.03. Adoption of Minnesota State Building Cod , Subdivision 1. Building code. The Minnesota State Building Code, , as adopted by the commissioner of administration pursuant to Minnesota Statutes chapter 166.59 to 166.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the state _ commissioner of administration, through the building codes and standards division, is adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordinance. The Minnesota State Building Code is incorporated in this chapter as completely as if f~ set out I-herein. Subd. 2. Building Code Optional Chapters. The following optional provisions i~d~e~npti~fied in the most current edition of the State Bui}l,.d}i~ngpC~~ode are hereby A~eptien p7-~-~~+~~GT n4T~TriT9~~ +~tQiC""BIY~f ~~~ ~nJ"R~1T eT~TaGQ- 1 f 1 f ....,.......,..... ..... ............y .........,, .,.r.r......,........, _..........,...._ .,...... .._.r.r ................ ................. are adopted by reference and incorporated into this code as if fully set out at this point: (a) Chapter 1306, Special Fire Protection Systems, 1306.0020 Subp. 2 and 1306.0030 option 2 (b) Chester 1335, Floodproofing Regulations, Parts 1335.0600 through 1335.1200; (c) Optional Appendix Chapter K of the 2002 International Building Code Supplement; ~_i ~~ /7\ 4 Ili~iicinn ') Ilclcn~inn ~nrl /'`nrrcn4inn~l C~nilil•ioc• , M\ 7'~ 1'livioinn II Cn~~nrl Tr~ncrr~icp' n~(~nrnR4~i ~ r (~~~ iv1T~RTG~ ~`'' ~_~ /Q\~TAmn~ .~t3tJF"b'~a~}tCr~ 7 ~ Pli~~ I I _ 11Aerv~hr.+r..+ Con ~n+~ ~ro~ ~I ~ w rL.. \ ~ p~ ~~~ .~I Cnr n d-Bttttd-8~{i~~r~~r- ~ ~rnn c nh.~r~~or ~hw ~ "h~ ~ilrlinry ur v~J e'cT81-lttFD-vrTa ccr-crr~-c£~--va~rr-r p n p ~ g ~,~_4, DGrm14c. ren~ ~ircrl 1+ icy ~ ~nlw~~rf~ ~I fnr .~r~~i r~ercnn fn r~nrfnrrv~ .+ ..rl ~zrrrrrc7~cq~urr'ca-~r-ra cmra-~ rrar-rvr-urT'pcravrrcv~7 e Sec. 2. Section 400 of the Richfield City Code is amended by adding a new subsection 400.04 as follows: 400.04. Application. Administration and Enforcement. Subdivision 1. The application, administration and enforcement of the code shall be in accordance with the Minnesota State Building Code. The code enforcement agency of the City of Richfield is called the inspections division. This code shall be enforced by the state ~ certified building official designated by the city to administer the code, as provided in ~ =~ this subsection. Subd. 2. For purposes of this chapter the term "building official" means the chief building official of the inspection division of the department of public safety. Subd. 3. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, section 166.62, subdivision 1. Permit fees will be assessed for work governed by this code in accordance with the schedule contained in appendix D of this code. In addition, a surcharge fee will be collected on all permits issued for work governed by this code in accordance with Minnesota Statutes, section 166.70. It is unlawful for anv person to perform anv work regulated by this section without first having obtained a permit to do so, and paid all applicable fees contained in appendix D. Subd. 4. Fee Waiver. The city council may waive the city's portion of building permit and plan review fees chargeable to another political subdivision of the state if the council finds that the action is appropriate by reason of unusual circumstances unique to the particular project involved and that the public interests of the city will be served thereby. Subd. 5. Violations and Penalties. A violation of this code is a misdemeanor. Sec. 3. Subsection 400.07 of the Richfield City Code is amended to read as follows: 400.07. License and permit fees, heating and ventilating. air conditioning and refrigeration. Subdivision 1. No person may engage in the business of heating, cooling, ventilating or refrigeration construction or installation unless licensed to do so by the city after demonstration of competency, and submittal of certificates of insurance and a bond in the amount of $1,000.. The annual license fee for heating and ventilating cooling heating, cooling, .air conditioning or refrigeration construction and installation is provided in appendix D. Subd. 2. Permits Reauired. No person may perform any work regulated by this cede section without first having obtained a permit to do so and paid the fees set by appendix D. Sec. 4. Subsection 400.09 of the Richfield City Code is amended to read as follows: 400.09. State electrical license. Subdivision 1. Unless otherwise provided by state law no person may practice or engage in the business or trade of electrical construction and installation within the city unless such person is the holder of a valid and current electrical contractor license from the state. "~^ ^°rc,~n .,.,.,,, a„n„~e ;,, +~o Subd. 2. Permits Required. Unless otherwise provided by state law no person may perform any electrical work regulated by this code without first having obtained a permit to do so. The fees required for permits issued pursuant to this subsection are contained in appendix D. ., ; Sec. 5. Section 400 of the Richfield City Code is amended by adding a new subsection to read as follows: 400.10. Permits to Owners. Notwithstanding the requirements of this section, permits may be issued to persons who own and occupy single family dwellings for work performed within or on said dwellings pursuant to sections 400.05, 400.07, and 400.09. Sec. 6. Subsections 400.13, 400.15 and 400.17 of the Richfield City Code are repealed in their entirety. Sec. 7. Subsection 400.21 of the Richfield City Code is amended to read as follows: 400.21. Fire prevention code: adoption of fire prevention code. The Minnesota ~i#er~ State Fire Code, as adopted by the state commissioner of public safety, is a +;e "~r° ^r°,•°.~taea-sede~a~e hereby adopted by reference as though fully set out in this subsection, with the following amendments: ~' (a) Section 108.1 of the International Fire Code is retained in its entirety. (b) Section 307 of the International Fire Code is retained in its entiretL. ~ Section 905.3.2 of the International Fire Code is amended by adding "when approved by the chief' after the word "Exceptions." (d) Appendix chapters B, C and D of the International Fire Code are adopted by reference as though fully set out in this subsection. Subsections 400.21 to 4AA:35 400.37 are the fire prevention code of the city. Sec. 8. Subsection 400.23 of the Richfield City Code is amended to read as follows: 400.23. Fire ~+v+siee department: duties. The fire prevention code is enforced by the fire department under the supervision and direction of the fire chief who is the enforcement officer. The officer or officers specifically in charge of the administration of this code shall be known as the fire marshal or marshals and shall be given authority for this purpose by the fire chief .The fire chief may detail such members of the fire department d+visier~ as inspectors, working under the fire marshal or marshals as shall from time to time be deemed necessary. The fire chief ~ {"'° d+v+siee may recommend to the manager the employment of technical inspectors who, when such authorization is made, shall be selected to assist the fire marshal or marshals. In addition to the fire marshal or fire marshals, the fire prevention code may also be enforced by the building official whenever appropriate and after consultation with the fire marshal or marshals. A report by the fire marshal shall be made annually and transmitted to the manager; it shall contain all proceedings under this section, with such statistics as the fire chief ^f +"° ~r° r~i.,ic~i^., may wish to include ~, therein; the fire chief +"° fir° r1i"ic~ig~ shall also recommend any amendments to the ``~-~ code which, in the chiefs judgment, shall be desirable. Sec. 9. Subsection 400.25 of the Richfield City Code is amended to read as follows: 400.25. Prohibition of storage of flammable liauids outside above around tanks. bulk storage of liauified petroleum oases. and storage of explosives and blasting agents. The storage of the substances defined in chapters 33, 34 and 38 of the {r° r+r°~i°n+inn ..^~° of the International Fire Code in the manner described therein, is prohibited within the city. Sec. 10. Subsection 400.27 of the Richfield City Code is repealed in its entirety. Sec. 11. Subsection 400.31, subdivision 1 of the Richfield City Code is amended to read as follows: 400.31. Establishment of fire lanes. Subdivision 1. Orders establishing fire lanes. The fire department d+v+siea is authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be obstructed. Sec. 12. Subsection 400.33 of the Richfield City Code is amended to read as follows: ~~, ~, -~ 400.33. Other prohibited acts. Subdivision 1. Protection of fire hoses. No person may drive any vehicle over a fire hose, except on specific orders from a member of the police or fire departments -d~isie~of the city, and then only with due caution. Subd. 2. Parking near fire equipment. No person may park any vehicle or place any material or other obstruction within 20 feet of the entrance to any fire station or within 10 feet of any fire hydrant ^r fir° i+ic++°rn' or park any vehicle within 300 feet of a place where a fire requiring fire fighting by the fire department d+v+siea is in progress. Sec. 13. Section 400 of the Richfield City Code is amended by adding a new subsection to read as follows: 400.37. Fees for fire services. The fire chief is authorized to charge a fee for the following services: (a) extinguishment of vehicle fires for persons who are not residents of the City; (b) extrication of vehicle accident victims who are not residents of the City; and (c) stabilization and standby of release of hazardous materials and flammable/combustible substances. The amount of the fee is established in Appendix D of this code. The fire chief will mail an invoice for the fee to the recipient of the services or to the insurance carrier -= ~ for the recipient. Sec. 14. Subsection 320.03 of the Richfield City Code is amended to read as follows: 320.03. Definition. For the purposes of this section the term "enforcement officer" includes the director of public safety, the fire chief, the director of community development, and the appropriate division heads within those departments. The enforcement procedure set out in this section shall be used by the appropriate enforcement officer in enforcing the regulations to which this section apply. Sec. 15. Subsection 320.13 of the Richfield City Code is amended to read as follows: 320.13. Board of appeals. The council is the board of appeals. Appeals under this section shall be heard by the board. The manager, the building official, the director of public safety and the fire chief shall serve in an advisory capacity as ex-officio members of the board. At a hearing conducted pursuant to this section, the enforcing officer shall present the evidence with respect to the existence of a violation, and the appellant and his attorney may call and cross-examine witnesses and make such argument with respect to the facts and law as may be relevant to the alleged violation. The board may obtain the advice of the attorney or his designate in connection with the conduct of the hearing or the action to be taken. ~ The board may act in the absence of any one of its members if such member is not ~ ;i reasonably available, but in no case shall it act without the affirmative vote of any two -~ members. The board may, upon the hearing, affirm in whole or in part or deny the existence of a violation of this part, and, if a violation is found to exist, confirm or modify the corrective action to be taken or the other requiring vacation of the premises and the time allowed therefor. Adopted this 9th day of September, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. `-=~~ RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2003- 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. 2003 - AN ORDINANCE RELATING TO BUILDING AND FIRE CODE ADMINISTRATION AND ENFORCEMENT; ADOPTING THE MINNESOTA STATE BUILDING CODE AND MINNESOTA STATE FIRE CODE BY REFERENCE; AMENDING, ADDING, AND REPEALING VARIOUS SUBSECTIONS OF SECTION 400 AND 320 OF THE RICHFIELD CITY CODE On September 9, 2003, the Richfield City Council adopted an ~_ ~ ordinance designated as Bill No. 2003- ,the title of which is stated above. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance. adopts by reference pertinent provisions of the current State Building Code and State Fire Code. The ordinance also authorizes fees for certain fire services. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling 612-861-9860 of the Public Safety Inspections Division. Nancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of September, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 'l ,, _i~ AGENDA SECTION: CONSENT AGENDA ITEM # $g REPORT # 19H J STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~a~ ~tN~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a new multi-animal residential license for Anna Profcant, 6501 14th Avenue South. I. RECOMMENDED ACTION: By Motion: Approve the request for a new multi-animal residential license for Anna Profcant, 6501 14th Avenue South.. II. BACKGROUND On June 23, 2003, Anna Profcant submitted an application for a new multi-animal residential license. She owns four cats. The application is complete and the $132 fee has been received. Her application contains the signatures of contiguous property owners; however, one adjacent neighbor would not sign the application due to the fact that she does not like cats. Staff did not receive any calls, letters, or complaints regarding this application. A Community Service Officer conducted an inspection of the property on July 2, 2003. There were no apparent problems found at that time. The Community Service Officer stated that the place was very clean and sanitary. 0909 Profcant New Multi Animal Residential Kennel The Environmental Health Staff received one complaint for this address in the past year. The complaint was that the animals were not licensed and that there were ~, feces on the property. The animals have been licensed and the complaint of feces was unfounded. There were two police calls regarding this address in the past year. The calls were for a welfare check and a public assist. III. BASIS OF RECOMMENDATION A. POLICY • Although this application is for four cats, it does not exceed the maximum number of six that was approved by the Council as policy on July 22, 1991. • The City has adopted a policy that staff notifies neighbors surrounding the area of the multi-animal residential license. Staff did not receive any phone calls regarding this application. B. CRITICAL ISSUES • N/A C. FINANCIAL • NA _% D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Deny the request for a new residential kennel license for Anna Profcant; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Anna Profcant n ~, i AGENDA SECTION: CONSENT AGENDA ITEM # 8E REPORT # 197 J STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2003 \_~ REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ,,,~,( Q~ ~ t v i SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for renewal of a commercial kennel license for Elaine's Grooming, 7429 Humboldt Avenue South. I. RECOMMENDED ACTION: By Motion: Approve the request for renewal of a commercial kennel license for Elaine's Groomin , 7429 Humboldt Avenue South. II. BACKGROUND On July 24, 2003, Elaine Berquist submitted an application for the renewal of her commercial kennel license. The application is complete and the $173 fee has been received. A Community Service Officer conducted an inspection of the property on July 31, 2003. There were no apparent problems found at that time. The Environmental Health staff has not received any complaints regarding this property in the past year. There were no police reports on or contacts with Elaine's Grooming during the past year. 0909 Elaines Commercial Kennel Renewal The City has previously issued a commercial kennel license to Elaine's Grooming. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to a commercial kennel license. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Deny the request for the renewal of a commercial kennel license for Elaine's Grooming; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM # $D REPORT # 196 STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ® ~~ T ~ SIGNATURE REVIEWED BY CITY MANAGER: ~,'- / ~ [.a-i ~~-~-~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a request by Richfield Visions, Inc., for itinerant amusement and itinerant food licenses for Richfield Cattail Days events, September 20, 2003, at Veterans Memorial Park, 6400 Portland Avenue. I. RECOMMENDED ACTION: By Motion: Approve the itinerant amusement and itinerant food licenses for Richfield Visions, Inc., for Richfield Cattail Days events, September 20, 2003, at Veterans Memorial Park, 6400 Portland Avenue. II. BACKGROUND On August 20, 2003 Richfield Visions, Inc. applied for an itinerant amusement license for the activities scheduled to take-place at Veterans Memorial Park on September 20, 2003. The required licensing fees have been received. The City has previously granted this license to Richfield Visions, Inc. for the Richfield- Cattail Days celebration. The committee has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with 0909 Cattail Days Licenses Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of the City application process and meets the requirements. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for an itinerant amusement license and a food license. This would result in the applicant not being able to conduct activities, ~ especially those concerning food preparation, on September 20, 2003. ,, ) V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: GONSENT AGENDA ITEM # $C REPORT # 195 ~~ ~_~ J STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2003 REPORT PREPARED BY: BARRY FRITZ, POLICE CAPTAIN NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of recording, dictation, transcribing and call logging/recording e ui ment from Loeffler Com anies, Inc. I. RECOMMENDED ACTION: By Motion: Approve the attached purchase order to Loeffler Companies, Inc., for the purchase of recording, dictation, transcribing and call to in /recordin a ui ment. II. BACKGROUND The 911 logging/recording system that records all radio transmissions and phone calls in and out of the dispatching center was purchased in 1997. It is out of date, replacement parts. are no longer available, and it needs to be replaced. Officers dictate and/or record all reports and follow-ups for transcription. It is far more efficient than writing them out by hand. The Public Safety Department purchased the current report dictation and transcribing equipment in 1997. It is a DOS based proprietary system that uses special phone lines for dictation and transcription. The dictation and transcription handsets are failing and replacements are no longer manufactured. 0909 Purchase Approval for 911 Equipment Staff reviewed several systems and decided that the system offered by Loeffler Companies, Inc., best suited the needs of the Department for the 911 logger and the officer dictation and transcribing system. III. BASIS OF RECOMMENDATION A. POLICY • When the purchase of materials, merchandise or equipment exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. • The prices for the equipment are from the State bid. • The City of Richfield participates in the Minnesota Sate Cooperative Purchasing Program. B. CRITICAL ISSUES • Approval at the September 9, 2003 Council meeting will facilitate delivery of the new systems. C. FINANCIAL • The City receives revenue from 911 fees. These fees are to be used for equipment related to the 911 dispatching function. The cost of the logger hardware, software, installation, training, licenses, and maintenance agreement is $43,234. Funds from the 911 fees will be used for this portion of the purchase. • The cost of the dictation/transcription hardware, software, installation, training, licenses and maintenance agreement is $39,644. Funds from the Public Safety compliance fund will be used for this portion of the purchase. • No funds from the general fund will be used to purchase these items. I~. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • No action by Council on this purchase will eventually lead to the inability to record and log communications in the 911 dispatching center and the inability of officers to dictate and have their reports and statements transcribed. V. ATTACHMENTS • Equipment and price list from Loeffler Companies, Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~.~ ~J ~. P ~. ~ M ~ .,: a0 ~~ d0' "' b9 o, O O O CD b9 O O O ff3 o. O O N d' Ef? o. O O O M EA o. O O O M EA .~. °o ti ~ ~ ~~. i O ~ ~ ~ ~ ~~~ ` ~ ~ : `I~ ~~ ~ : , 0 V +y'' d C ~ ~`. ~ 1° .~ D ~ o v U - ~ = w ,, y Y 'C d = ~ L O y 3 a N d d Q _ m V ~ = i R € O ~ U o avi LLI'~ ~ a r a c ~~ t ~ d ~ y y L 3 ~ O d ~ 'y J ~ `€ Q ~ v 7 L ~ 0 ~~ • ~ y p y O L~ • > d ~ L N i ~ y O = ~ O = p- ~ ~ 41 O `a+ 'C = v y ,, aea o °3 3 O w O N ~ v ~ ~. i~ N C B ~ C O d ~ O r~ p R N ~ ~ J O , Q o Q a., w ~ ~ O y O e' Wii L L v y (~f~ Q O y ^ w ~. O L~ ~ N U nY d m 0 G ~ d C L" d y t/N O ~ ~ Y 'C C ~ c C e1i y ~ O ~ 0 C _ ~~ t ~ = t _ 3 ~ ~ a. c ~ ~~ '~ y ' V d V d O ~ N sou i + _ y~ cd cC rr ~ _ N .,~ O Q ~ a ~ ~p ~ = L 0 ~ J wp 'c ~ ~. ~, 3 r m d >°ol c ~ O ~ ~• • ~. ~ a~ !°.n R o of o ~ ~ ., ~' ' N ~ ~ O > C O 07 N Y _ ,~ ~' ~ ~: o o I O M i ~ ~ ~ r~ 0 0 ~ ~ ~ ~ 0 N .a C y L ~ O y t ca ... ~ a= CA ~ CA d ~ ~ C V O ~ ~ w _+ 'y lLC %1 01 J C r= o ~ ~ 0 o J U ~ O ~ C `~ O O 0 3 a O ~ d N .C (~{ d ~ ++ L L t 3" 3 C. y fn .~ d ~ ~ z ~ V t j - O tl! '~ ~ N O v °:.~rc ~, ~_ 3 H 1 Q ~ ~ ~a ~ o a ~°41 ~ ~' V `o a L a' ~ ~ m D t L ~ a 3 0 ~ r Y L R R t d .~ fA C .. ° ooooo° ooooo~ C° of o 0 of o 0 M ~' O O O Cfl O ~ 0000 COOO O N r- N M M ti ~ Ef3 Efl ffl EA fR ~ ' y d C V r r r r T r~ fA O) y = = O d _~~ •L V 41=-0 O 3 ~ OS N ~ V N s C d O t y 7 r d O O r r+ y L 0 3 ~, ~ ~ _ d ~ r ~ 0 ~ ~ d i ~ L ~ V r i 3 y ~ V! ~ ~ _ ~ d O c C V = ~ y !Q '0 d ~ N C C d r~+ ~ O a~ ~ i ~ _ R O ~ ~ M ~ 3 o -°c ~ 3 3 i ~- 00 c ~ V a .. 0 Y O O m r d 61 c c R = 3 L 0 V N U1 J 0 0 0 0 v ti CO 00 M N O O ~ ~ 0 ' ~ ^ ^`` W v t: 1 e ~ ~. N ~ a -- 'N j v ~ ~ ~ v • ~ V . d Q b ~ _ d . .Q: ~ ~ ~ ~ d w ~ `E 'dy t6 c O +.•/ Q o O J r+ Q N ~ r n~v,~; y l F 7.i A~ W iy ;C_ '~ ,m d L LL ~ _ 0 .Y,~ _C ~ ~ c0 L .r.r !< ~~ 4.K AGENDA SECTION: CONSENT AGENDA ITEM # 8B REPORT # 194 J STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2003 BRUCE SYLVESTER, REPORT PREPARED BY: ZONING ADMINISTRATOR NAME, TITLE' \ J~ COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution approving an amendment to the Final Development Plan and Conditional Use Permit for Gramercy Park Cooperative at 6711 Lake Shore Drive. I. RECOMMENDED ACTION: By motion: Adopt the attached resolution approving an amendment to the Final Development Plan and Conditional Use Permit for Gramercy Park Cooperative at 6711 Lake Shore Drive. II. BACKGROUND • Gramercy Park Cooperative was approved by the City Council as a Planned Unit Development (PUD) on December 14, 1998. The PUD included approval for the Final Development Plan (FDP) and Conditional Use Permit (CUP) for the project. • In addition to the cooperative residential building, the project also included the Fred Babcock VFW. • The approved FDP and CUP included parking and signage plans. • Gramercy Park Cooperative is requesting two amendments to their FDP and - CUP: 1) to allow two additional parking spaces in their driveway entrance and 2) to allow additional signage that was not included in the original signage plan. 090 9 03-C o-o p-VFW-PUD . d o c • The two additional parking spaces will be for short-term parking only and will be located in their driveway entrance off Lake Shore Drive. ~' The additional signage will be as follows: • Two portable signs on stanchions will be located on the sidewalk along the circle driveway at the main entrance to the Gramercy Park Cooperative. One sign will state "VISITOR PARKING 15 MIN LIMIT" (See Exhibit `A') and the second sign will state "HANDICAPPED PARKING ONLY" (See Exhibit `B'). • A permanent sign is proposed for the front of the Gramercy Park Cooperative building, facing its front circle-driveway. This sign would be permanently affixed to the building and would state "VISITOR PARKING AND ADDITIONAL ENTRY IN REAR***ACCESS FROM LYNDALE AVENUE". (See Exhibit `C') • Two signs on one post (one above the other) at the entrance of the VFW, stating "VFW PARKING" and "ADDITIONAL PARKING IN REAR". III. BASIS OF RECOMMENDATION A. POLICY • The City Council approved the Gramercy Park Co-op PUD, FDP and CUP on December 14, 1998. • Section 536.21 of the Zoning Code outlines procedures necessary for amending FDPs and CUPs for PUDs. -'~ The proposed changes are minor in nature as defined by Zoning Code section 536.21, Subdivision 2, but staff has determined that City Council review and approval is warranted for this request, as allowed in Zoning Code section 536.21, Subdivision 4. B. CRITICAL ISSUES • Additional short-term parking is needed at the front entrance of Gramercy Park Co-op. • Additional signage is needed at the entrance to the Fred Babcock VFW informing people that more parking is available in the rear. • The VFW leases its space from the Gramercy Co-op. The VFW and the Co-op have worked together to mutually address their needs for parking and signage. • The related issue regarding on-street parking along Lake Shore Drive will be discussed by the City Council. • No landscaping will be lost with the proposed changes. • The request for on street parking .for handicapped persons will be dealt with in a separate action item related to Lake Shore Drive roadway design. This action item is planned for late September. C. FINANCIAL ~ > • N/A D. LEGAL • TIME FOR APPROVAL: The 60-day `clock' started when a complete application for an amendment to a PUD plan was received on August 18, 2003. The City has until October 17, 2003 to approve or reject the request or the City can extend the deadline an additional 60 days, or 120 days total, for issuing a decision. IV. ALTERNATIVE IZECOMMENDATION(S~ • Approve the request with revisions. • Do not approve the proposed amendments. ~ V. ATTACHMENTS ~ Resolution granting approval of the requested amendment to the FDP and CUP for Gramercy Park Co-op. Site Plan showing location of the proposed additional parking and signs. Drawings of the proposed signs. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Virginia Holst, President, Gramercy Park Cooperative Board of Directors. RESOLUTION NO. !~ RESOLUTION GRANTING APPROVAL OF AN AMENDMENT ~~ TO THE FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT GRAMERCY PARK COOPERATIVE, 6711 LAKE SHORE DRIVE WHEREAS, The Gramercy Park Cooperative has requested approval for an amendment to the Final Development Plan and Conditional Use Permit for the Planned Unit Development located at 6711 Lake Shore Drive; and WHEREAS, the proposed amendment would allow two off-street parking spaces in the circular driveway entrance to the Gramercy Park Cooperative and new signage at the Cooperative and the Fred Babcock VFW Post 5555. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The proposed amendment to the Final Development Plan and Conditional Use Permit for Gramercy Park Cooperative is hereby granted. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of September, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 090903-Co-op-VFW-P U D. doc __ ~ ~ .~°~ t _ s ~ „b~ E~ iS p `~ i! € E .s ~ ~ ~ ~ A ~ a ~ ~ ~ ~ i ~ ~ ~ ~ c~ ~ ~ ~ ~~aa g ~ b ~~ s ~ ~~ ~~ ~I~I~I I I I I V 8 O ~ ~~ ~ ~e_$ ~v~ ~8$wwwmwws o~ ~S ~d~ y ~~ m ,g~ ~~ ~ ~ s ~ ~~ ~I I (II)I s ~ ~. ~ fi3 ~~~~ 1 r: ~ as i= ~ 1 ~ti ., . ~, i . ~ I- I :~ ~~ i ' i : ~~ I ., ~ i~ :~ ~~ i; ,: ., .; ~,,, .~- i .~ ~~ ~~ ~~ ~~ ~~ ~ ~i~-- ~4 ., _..~ _~~~ r ~~ i ~~ ~ ~~ ~® s I ~_ ~ J; ~ a \I_ .. ~~ a ~. - ~ (- _~ ~~ ~~I ~~~ ~~ -~ - ~a~ >E ~ ~ ~ ; a ~f . ~~ ~~ ~ . ~N~ ~~~ ~ ~ a Q 0 W J ~1 ® ~I ~p ® j _~, i~ ~ p nE . x ~~ ~~ 3~~ VISITOR PARKING 15 MIN LIMIT Si~~ 12" wide by 18" high-metal, on 4' stanchions with 18" bases. Lettering to be green on white background. HANDICAPPED PARKING ONLY ,Si~ 12" wide by 18" high-metal, on 4' stanchions with 18" bases. Lettering to be green on white background. C O O P E R A T I V E At Lake Shore Drive VISITOR PARKING AND ADDITIONAL ENTRY IN REAR ,_,~.. °m ••• ACCESS FROM LYNDALE AVENUE ,~K s; ~, `~11 printing to be green on off-white. Lettering may be upper case or lower case with caps. ~~ ~ _: i&" ~' ~ r ~" (v t Z~}- 5~9~ 4 _L f~ t AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 9, 2003 CONSENT CALENDAR $A 193 REPORT PREPARED BY: BARRY FRITZ, POLICE CAPTAIN NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: T N. ~ ~i~• SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding an agreement between the Minnesota Department of Public Safety and the City of Richfield, Public Safety Department, pertaining to the Safe and Sober Pro ram and the acce tance of rant funds. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the Richfield Public Safety Department to accept joint grant funds from the Minnesota Department of Public Safety to be used for the payment of overtime for officers involved in the Safe and Sober Program. II. BACKGROUND Edina, Airport and Richfield Police departments submitted a joint grant application to the State for funds that were to be utilized for enhanced traffic enforcement during the upcoming year. They have been jointly awarded $35,000 and plan on scheduling joint enforcement campaigns. 0909 Safe & Sober Grant Funds III. BASIS OF RECOMMENDATION A. POLICY • The State requires that the City approve a resolution accepting the funds prior to their issuance. B. CRITICAL ISSUES • The first wave of enforcement is scheduled for October. The resolution must be approved prior to that. • Traffic law enforcement is a critical function of the police division. Approval of the resolution makes available funds to cover the costs associated with focusing on this area. C. FINANCIAL • The overtime paid to the officers will come from the Grant funds. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council could disapprove the resolution which would void the agreement. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS TO BE USED FOR THE PAYMENT OF OVERTIME FOR OFFICERS INVOLVED IN THE SAFE & SOBER PROGRAM WHEREAS, the Governor has designated the State of Minnesota, Office of Traffic Safety in the Minnesota Department of Public Safety (hereinafter called the STATE) as the agency responsible for administration of a project entitled Safe & Sober Communities; and WHEREAS, the STATE is authorized to make contracts from state funds to qualified applicants; and WHEREAS, the City of Richfield, Public Safety Department (hereinafter called the GRANTEE), is authorized to accept state funds for overtime for traffic enforcement programs; and WHEREAS, GRANTEE represents that it is duly qualified and willing to carry out the tasks described above. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enters into a cooperative agreement with the Office of Traffic Safety in the Minnesota Department of Public Safety for the project entitled Safe & Sober Communities. Samantha Orduno, City Manager, is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Richfield, Department of Public Safety. Passed by the City Council of the City of Richfield, Minnesota this 9th day of September, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk