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12-09-03 agendaCITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 9, 2003 COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA Call to order Roll call INTRODUCTORY PROCEEDINGS Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to a//ow suffici others. Comments are to be an opportunity to address the Counci/ on items /ndividua/s who wish to address the Counci/must have registered prior to ent time for not on the agenda. Notes: the meeting, Pledge of Allegiance ~, Approval of minutes of (1) Regular City Council Meeting of November 12 Concurrent City Council and HRA Worksession of November 17 20 ~ 2003; (2) Special Council Meeting of November 25, 2003 ~ 03, and (3) Regular City PRESENTATION 1. Richfield Foundation awarding of 2003 grants Notes: COUNCIL DISCUSSION 2. Council discussion • Hats Off To Hometown Hits Notes: 3. City Manager's report ~ Notes: CITY MANAGER'S REPORT AGENDA APPROVAL 4. Council approval of agenda - CONSENT CALENDAR 5. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution awarding sale of $3,520,000 General Obligation Taxable Tax Increment Bonds, Series 2003C; Kensington Park Project S.R. No. 276 B. Consideration of approval of request for extension of conditional use permit until January 14, 2005 to allow construction of seven-unit townhouse development at 6833 and 6855 Penn Avenue S.R. No. 277 C. Consideration of approval of stipulation for settlement and settlement agreement and release for workers' compensation claim S.R. No. 278 D. Consideration of approval of amendment to subordination and attornment agreement with Wells Fargo Bank, National Association related to improvements at Academy of Holy Angels S.R. No. 279 E. Consideration of approval of stipulation of settlement between City of Richfield and Galyan's Trading Company, Inc. for damages awarded to Galyan's on Knox Avenue by court-appointed condemnation commission as part of 76th Street Widening Project S.R. No. 280 F. Consideration of approval of amendment to agreement with W.D.Schock, Co., Inc. for property disposition services for Airport Noise Acquisition Program S.R. No. 281 G. Consideration of approval of extension of Contract No. A021020 with Hennepin County to allow continued access to property information system from January 1, 2004 through December 31, 2004 S.R. No. 282 Notes: 6. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 7. Public hearings to consider the following 2004 liquor license renewals: A. On-Sale Intoxicating and Sunday .Liquor for Chi-Chi's, Inc., dba Chi-Chi's Mexican Restaurante, 7717 Nicollet Avenue S.R. No. 283 B. On-Sale Intoxicating and Sunday Liquor for The Frenchman's, 1400 East 66th Street S.R. No. 284 C. On-Sale Intoxicating and Sunday Liquor, including outside service of alcohol, for Wiltshire Restaurants, LLC, dba Houlihan's Restaurant & Bar, 6601 Lyndale Avenue S.R. No. 285 D. On-Sale Intoxicating and Sunday Liquor for Don Pablo's Operating Corp., dba Don Pablo's, 980 West 78th Street S.R. No. 286 E. On-Sale Intoxicating and Sunday Liquor for Champps Operating Corp., dba Champps Restaurant, 790 West 66th Street S.R No. 287 F. On-Sale Intoxicating and Sunday Liquor for Paisan Inc., dba Khan's Mongolian Barbeque, 500 East 78th Street S.R. No. 288 G. On-Sale Intoxicating and Sunday Liquor for The Ground Round, Inc., dba The Ground Round, 1500 East 78th Street S.R. No. 289 H. On-Sale Intoxicating and Sunday Liquor for Taco Morelos II, Inc., Two West 66th Street _ S.R. No. 290 I. Club On-Sale and Sunday Liquor for Fred Babcock V.F.W. Post No. 5555, Inc., dba Four Nickels Food & Drink; 6715 Lake Shore Drive S.R. No. 291 J. Club On-Sale and Sunday Liquor for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue S.R. No. 292 K. On-Sale Wine and 3.2 Percent Malt Liquor for Thompson's Fireside Pizza, Inc., dba Fireside Pizza, 6736 Penn Avenue S.R. No. 293 L. On-Sale Wine and 3.2 Percent Malt Liquor for Kiang's Red Pepper, Inc., dba Red Pepper Chinese Restaurant, 2902 West 66th Street S.R. No. 294 M. On-Sale one and 3.2 Percent Malt Liquor for Subeck, Inc., dba Ketsana's Thai Restaurant, 7545 Lyndale Avenue S.R. No. 295 Notes: 8. Public hearings to consider the following 2004 pawnbroker and secondhand goods dealer license renewals: A. Metro Pawn & Gun, Inc., 7529 Lyndale Avenue S.R. No. 296 B. Capital Cash LLC, dba Hy's Pawn, 6414 Nicollet Avenue S.R. No. 297 Notes: RESOLUTIONS 9. Consideration of resolutions approving 2003 Revised/2004 Proposed budget and tax levy and related resolutions Staff Report No. 298 Notes: OTHER BUSINESS 10. 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 Counci/must have regisfered prior to the meeting. Notes: 11.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. AGENDA SECTION: Resolutions AGENDA ITEM # g REPORT # 298 ~- STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER Na,~, TircE ITEM .FOR COUNCIL CONSIDERATION: Consideration of resolutions approving the 2003 Revised/2004 Proposed budget and tax levy and related resolutions. I. RECOMMENDED ACTION: By motion: Adopt the resolutions approving the 2003 Revised/2004 Proposed budget and tax levy and related resolutions. III. BACKGROUND to September 2003, the City Council approved and certified a preliminary tax levy of $10,291,220 to Hennepin County. The final tax levy must now be considered and approved by the City Council. The final levy may be less but cannot be greater than the preliminary levy amount. Taxpayers have received individual parcel specific tax notices in anticipation of the truth-in-taxation hearing. The City of Richfield has conducted and closed its 2003 truth-in-taxation hearing on December 1, 2003. During the course of the public hearing, there was an opportunity for testimony from the general public. Information .was also presented by ~~' staff regarding the proposed levy and budget. No official City Council action to act on the levy was permissible on the day of the public hearing. 12092003 Budget III. BASIS OF RECOMMENDATION A. POLICY • A revised 2003 budget and final 2004 budget and tax levy must be adopted on or before December 29, 2003. • Cities then have five working days after December 20 or no later than December 29 to prepare all the documentation necessary to certify a final .levy to the County Auditor and State Department of Revenue. • A proposed 2004 tax levy has been submitted to the City Council for consideration. • Several related resolutions included within the total budget document need to be considered. These related resolutions are itemized in the attachment section of this staff report. B. CRITICAL ISSUES • N/A C. FINANCIAL • The gross tax levy for 2004 reflects a 6.91 % increase from the previous year's gross levy. • The local tax capacity rate for 2004 reflects a 3.84% percent increase over the previous year. D. LEGAL • Atruth-in-taxation public hearing for the 2004 proposed budget and tax levy was conducted on December 1, 2003. IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could adopt a final 2003 budget and tax levy in any amount, which does not exceed the preliminary levy of $10,291,220. 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 annual adjustment to City's mileage reimbursement rate to conform to Internal Revenue Service statutory mileage reimbursement rate. • Resolution establishing wastewater service rates and charges, water rates and charges, special water service charges, storm sewer rates and charges, and 6.5% penalty on past due accounts. • Resolution adopting the 2004 Capital Improvement Budget. • Resolution adopting the 2005-2009 Capital Improvement Program. • Resolution establishing policies, procedures, and fees for the assessing division. • Resolution relating to purchasing practices in the City of Richfield. • Resolution relating to the 2004 General Services Salary compensation plan. • Resolution relating to the 2004 Specialized Pay Plan. _ Resolution relating to the 2004 Management Salary compensation plan. • Resolution establishing 2004 license, permit and miscellaneous fees pursuant to the provisions of appendix D of the ordinance code of the City of Richfield. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2004 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 2003 and then recertified before December 29, 2003. 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 $ 836,600 Administrative Services 1,023,870 Public Safety 6,693,030 Fire Services 2,396,980 Community Development 228,870 Public Works 3,016,630 Recreation Services 1,445,320 Transfers 15,000 TOTAL GENERAL FUND $15,656,300 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 $15,656,300 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 $g,g7-7 Debt Service 379,800 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: PURPOSE AMOUNT Housing and Redevelopment Authority $332,316 5. A certified copy of this resolution shall be transmitted to the County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. 2. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. 3. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. 2003. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2003 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 9270 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 Legislative/Executive $ 757,370 Administrative Services 1,008,490 Community Development 222,390 Public Safety 6,474,180 Fire Services 2,373,560 Public Works 2,931,000 Recreation Services 1,506,310 Transfers 15,000 TOTAL GENERAL FUND 15,288,300 DECREASE $ 922,510 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 December 2003. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING ANNUAL ADJUSTMENT TO CITY'S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE WHEREAS, the Internal Revenue Service annually adjusts the business mileage reimbursement rate; and WHEREAS, the City of Richfield's present mileage reimbursement is in conformance with the Internal Revenue Service business mileage reimbursement rate; and NOW ,THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota: 1. That the City Manager of Richfield is hereby authorized and directed to annually adjust the City's mileage reimbursement rate to be in conformance with Internal Revenue Service guidelines. 2. That the City's mileage reimbursement rate is not to exceed the Internal Revenue Service guidelines. Approved by the City Council of the City of Richfield, Minnesota this 9th day of December, 2003. Martin J. Kirsch, Mayor ATTEST Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: SANITARY SEWER SERVICE RATES AND CHARGES FOR 2004 1. Pursuant to the provisions of Section 7.05 of the Ordinance Code of the City of Richfield, the rates and charges for use and service of the sanitary sewer system are hereby established to be those set forth in the following paragraphs of this resolution which rescinds Resolution No. 8832: 2. Where the rate is not based upon the metered use of water, the following quarterly flat charges are established effective January 1, 2004 for each billing district as defined in paragraph 3 of this resolution. 2004 A) Residential per unit $ 49.80 B) Commercial - For the equivalent of 10 or less persons $ 49..80 More than 10, less than 16 90.80 More than 15, less than 21 127.70 More than 20, less than 26 169.60 C) Institutional - For each public or private school the quarterly flat charge shall be charged whether the school is in session or not (rates being charged upon average yearly use); shall be based upon the number of students enrolled at the beginning of the quarterly billing period or the preceding period if school is nofithen in session; and shall be as follows: 2004 For each 100 grade school students or fraction $ 59.50 in excess thereof For each 100 junior high school students or high 149.20 School students or fraction thereof D) In addition to the above flat rates there shall be a customer Charge on each invoice as determined in paragraph 4 of this resolution and a certification charge as determined in Section 7.05 of the City Ordinance Code. 3. Where the rate for sanitary sewer service is based upon the metered use of water on the premises, such rates shall be as follows: A) For all residential premises the rate shall be based on The actual use, or less of water for the preceding winter quarter, per thousand gallons with a minimum of 7,000 gallons, effective January 1, 2004, for each 2004 customer billing district and shall be as follows: $ 2.48 For the purpose of this paragraph A), the winter quarter shall be the winter quarter as specified in Subdivision 3 of said section 7.05. B) For all commercial, institutional, industrial, and other premises, the rate per thousand gallons of water effective January 1, 2004, shall be as follows: $ 2.48 C) A customer charge shall be made for each invoice rendered effective January 1, 2004 as follows: $ 3.00 If the invoice is for water service, as well as sanitary sewer service, the customer charge, when collected, shall be allocated proportionally between the City's water fund, sewer fund, and its storm sewer fund based on the user fees billed for by each fund. D) Where the metered use of water on the premises for the preceding winter quarter was not normal, the rate may be adjusted as provided in Subdivision 3 of said Section 7.05. 4. The foregoing rates and charges are in addition to, and not in lieu of, other rates and charges established by ordinance or resolution. WATER RATES AND CHARGES FOR 2004 1. Pursuant to the provisions of Section 7.15 of the Ordinance Code of the City of Richfield, the rates and charges for City water and water service are hereby established to be those set forth in the following paragraphs of this resolution: The charge due and payable to the City by each water customer of the City, during any quarter shall be $1.79 per 1,000 gallons. Water charges shall be payable quarterly, and all bills issued after January 1, 2004 shall be at this rate. SPECIAL WATER SERVICE CHARGES FOR 2004 1. Pursuant to the provisions of Section 7.15 of the Ordinance Code of the City of Richfield, the rates and charges for special customer services are hereby established to be those set forth in the following paragraphs of this resolution: 2. The charge for establishing a new customer account shall be $13.50 per account. 3. The charge for installation of meters or outside meter readers shall be $19.50 per installation. 4. The charge to flush and maintain fire hydrants located on privately owned property within the City shall be $39.00 per hydrant per year plus any required parts. 5. The charge to thaw and service water pipes on customer property shall be actual cost to the City plus thirty percent. 6. The charge for any other services not covered by the above shall be based on actual hourly cost to the City plus thirty percent. STORM SEWER RATES AND CHARGES FOR 2004 1. Pursuant to the provisions of Section 7.20 of the Ordinance Code of the City of Richfield, the rates and charges for City storm sewer service are hereby established to be those set forth in the following paragraphs of this resolution: 2. The rates and charges for the use and availability of the system are determined through the use of a "Residential Equivalent Factor" (REF). One REF is defined as the ratio of the average volume of surface runoff coming from one acre of land and subjected to a particular use, to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the City during a standard one year rainfall event. The REF's for the following land uses within the City and the billing classifications for such land uses are as follows: LAND USES REF CLASSIFICATION Cemeteries .25 1 Parks and railroads .75 2 Two-family residential 1.00 3 Single-family residential 1.00 4 Public and private schools and institutional uses 1.25 5 Multiple-family residential uses and churches 3.00 6 Commercial, industrial, and Warehouse uses 5.00 7 3. The basic system quarterly rate for storm sewer service is $46.60 per acre of land. $9.33 is the quarterly rate for asingle-family residence, which is considered to have an acreage of one-fifth acre. The charge made against each parcel of land is then determined by multiplying the REF for the parcel's land use classification times the parcel's acreage times the basic system rate. 6.5% PENALTY ON PAST DUE ACCOUNTS 1. Customers will have thirty (30) days to pay their water, sanitary sewer, and storm sewer quarterly bills from the date of the mailing by the City. Any unpaid amount will be added to the next quarterly bill along with a 6.5% penalty on the delinquent amount. 2. The penalty charge when billed on past due accounts shall be allocated proportionally between the City's water fund, sewer fund, and storm sewer fund based on the user fees billed for each fund. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION ADOPTING THE 2004 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget for 2004 has been prepared and submitted for review by the City Council in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2004 Capital Improvement Budget in the sum total of $9,773,500 is hereby approved as amended and adopted with full recognition of the fact that the cost estimates are approximate and are subject to final cost estimates and that all awards of contracts for these projects are subject to necessary hearings and must be approved by the City Council in accordance with established laws and practices governing such action, and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. __ RESOLUTION ADOPTING THE 2005-2009 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program 2005-2009 has been prepared for review by the Planning Commission in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2005-2009 Capital Improvement Program is hereby approved and adopted subject to annual review and revision; BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING POLICIES, PROCEDURES, AND FEES FOR THE ASSESSING DIVISION WHEREAS, the City Assessing Division provides a variety of services to the public, to title companies and to realtors, relating to information necessary for sale and purchase of property; and WHEREAS, special assessment searches are requested when closing on purchased properties; and WHEREAS, listing information is requested when there is an interest in property sales or purchases; and WHEREAS, residential property records are requested when comparing properties for market values; and WHEREAS, certain specific information, such as special assessment searches, property listing information, comparable residential property records and homestead information are regularly sought by realtors, title companies and homeowners in the sale and transfer of property within the City; and WHEREAS, the above list of requests for information constitutes a large portion of the work load of the City Assessing Division; and WHEREAS, said policies, procedures and fees must be reviewed and modified as needed. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby establishes the following policies, procedures and fees for dissemination of certain information in the City's Assessing Division. I. SPECIAL ASSESSMENT SEARCHES PROCEDURES FEES Provided, upon receipt or written request for multiple searches or phone request for same day pickup of a single search, by City Assessing Division identifying. levied and pending assessments. Provide verbal update by phone of previously requested certified City special assessment searches. I. (con't) Provide written request and $15.00 fee per Property Identification Number (PID). Searches are normally in the mail 24 hours after receipt. Provided the same day if a single certified or non-certified search is requested and if picked up at the City. $15.00 per Property Identification Number (PID). The search is a billing statement. Provided free of charge if a certified City search is not requested. SPECIAL ASSESSMENT PROCEDURES FEES SEARCHES Do not provide additional billing statements for assessments. Provide, upon written request, a report (or run) of all properties affected by a levied or pending special assessment. II. LISTING INFORMATION Provided the following work day for multiple certified or non-certified search requests and will be available for pickup after 3:00 p.m. Verbal verification (update) of City certified levied and pending assessments search before closing. After identifying self, caller will provide property address, PID number, date and receipt number of search. Provided within a minimum of 48 hours if there is an existing program, additional hours if more than one report is requested. Anon-existing program would require additional time. A program would be created on a priority basis and then printed. Requesting party would be notified as to fee and date report(s) can be picked up at the Assessing office prior to printing. PROCEDURES Homeowner may request a $15.00 search for closing purposes. An initiation fee of $30.00 for each requested report. Plus, $.05 for each Property Identification (PID) Number. A requested new program would require a minimum fee of $25.00. Fees would be based on time and materials to create and print the program. FEES Provide, upon multiple written or a single phone request printouts. Printouts include: PID number Estimated Market Value Tax information Owner/taxpayer Legal Description Special assessments (levied and pending) A phone or written request and receipt of $3.00. Allow 1/2 hour before pickup for a single property request to prevent waiting for information. Allow 24 hours from receipt of request for pickup of listing information on multiple properties. $3.00 per PID number. Homeowners may request a free printout. Provided free of charge if printout is not requested. II (con't) LISTING INFORMATION PROCEDURES FEES Lot size Year built Square footage Give name, firm, address of property and PID number (if available for requests). Provide verbal updates by Three listing inquiries on the phone of previously following accessible requested City printouts. information will be provided by phone by the City: PID number Year built Lot size School district Legal description Taxes Square footage Mill rate for Richfield Estimated difference between homestead and non-homestead tax amounts. Fee owner/taxpayer Market value Homestead status Inquiries by phone for square footage of buildings will be limited to two properties. Additional properties will require obtaining information in person at the City Assessor's office. Net rentable areas for income properties are protected under the Data Privacy Act; and therefore, will not be given as listing information. Special assessments will not be given by phone. However, they will be given at the City office when requested. II. (con't) LISTING INFORMATION PROCEDURES - Exception: Homeowners will be given special assessments by phone if they provide their social security numbers. Otherwise, the owner can request a free complete listing printout. Give name, firm, property address, PID number, date of printout and receipt number when updating printouts. Requested complete listing information, without a requested printout, will be partially supplied verbally by the Assessing Division. The Division will orally supply special assessments, next year's market value (when available), and homestead status. Requesting party will be allowed to use the County's terminal screen for additional information (only screens 101, 103,.105, 108, 109, 120, 275 and 282). Interruptions will occur for. City use. Time limits on the County's terminal will be set based on City's immediate needs. III. REVIEW OF COMPARABLE PROCEDURES RESIDENTIAL PROPERTY RECORDS Provide a field card record of a subject property and comparable properties. Request for more than five properties must be submitted in writing and include individual property addresses FEES FEES May request $1.00 per copy for up to five comparable properties. Certified copies $5.00. 111. (cont.) REVIEW OF COMPARABLE PROCEDURES FEES RESIDENTIAL PROPERTY RECORDS (PID numbers will help Free of charge when cut response time). personally writes information supplied by The individual must allow the Assessing Division. the City to set the time convenient for the City to supply information on a one-on-one basis. More than five comparable properties, will be allowed to view and record information under strict supervision of the Assessing Division. The City will. not assemble or analyze data. Certified copies will state: "This is a true and correct reproduction of the original on file at the City Assessor's office". IV. REVIEW OF COMPARABLE PROCEDURES FEES COMMERCIAL. INDUSTRIAL AND APARTMENT PROPERTY RECORDS Provide partial field card record Request for more than May request $2.00 per of a subject property and five properties must be copy. comparable properties. submitted in writing and include individual Certified copies $5.00. property addresses (PID numbers will help cut our Free of charge when response time). personally writes information orally Because of the data supplied by the privacy act, viewing the Assessing Division. property field cards will be prohibited. IV. (con't) REVIEW OF COMPARABLE PROCEDURES FEES COMMERCIAL, INDUSTRIAL AND APARTMENT PROPERTY RECORDS Confidential ,private or nonpublic data is protected under the data privacy act. The following confidential data is recorded on the property field cards: a. Detailed income and expense figures; b. Average vacancy factors; c. Verified net rentable areas or net usable areas; d. Anticipated income and expenses for the current year; and e. Projected vacancy factor for the current year. The above confidential information will be blocked out when photocopying field cards. The individual must allow the City to set the time convenient for the City to supply information on a one-on-one basis. The City will not assemble or analyze data. Certified copies will state: "This is a true and correct reproduction of the original on file at the City Assessor's office". Passed by the City Council of the City of Richfield, Minnesota, this 9th day of December, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 8298 WHEREAS, the City Manager of the City of Richfield has purchasing authority pursuant to the City Charter and Administrative Ordinance Code; and WHEREAS, the City Charter and Administrative Ordinance Code expressly state a purchasing authority limit for the City Manager, and WHEREAS, all non-budgeted purchases in excess of $25,000 will require approval by City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: That the City Manager of the City of Richfield is hereby granted the authority to enter into contracts or approve purchases on behalf of the City of Richfield up to, but not to exceed $25,000. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of December, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION RELATING TO THE 2004 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for General Services ,mployees from time-to-time, and WHEREAS, the City administration has prepared a 2004 pay plan for position classifications for General Services employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2004 the following pay plan, which is to be effective January 1, 2004, the first full pay period in 2004 and subject to all applicable provisions of the City Code: 2004 GENERAL SERVICES COMPENSATION PLAN STEP 1 2 3 4 5 6 RANGE GS1 GS2 GS3 GS4 GS4E GS5 GS5E GS6 GS6E YR MO BW HR YR MO BW HR YR MO BW HR YR MO BW HR YR MO BW HR YR MO BW HR YR MO BW HR YR MO BW HR YR MO BW HR 26,083.20 27,643.20 29,203.20 30,763.20 32,593.60 33,571.20 2,173.60 2,303.60 2,433.60 2,563.60 2,716.13 2,797.60 1,003.20 1,063.20 1,123.20 1,183.20 1,253.60 1,291.20 12.54 13.29 14.04 14.79 15.67 16.14 28,724.80 30,201.60 31,678.40 33,300.80 34,985.60 36,732.80 2,393.73 2,516.80 2,639.87 2,775.07 2,915.47 3,061.07 1,104.80 1,161.60 1,218.40 1,280.80 1,345.60 1,412.80 13.81 14.52 15.23 16.01 16.82 17.66 31,678.40 33,300.80 35,027.20 36,732.80 38,563.20 40,684.80 2,639.87 2,775.07 2,918.93 3,061.07 3,213.60 3,390.40 1,218.40 1,280.80 1,347.20 1,412.80 1,483.20 1,564.80 15.23 16.01 16.84 17.66 18.54 19.56 35,027.20 36,732.80 38,625.60 40,560.00 42,577.60 44,803.20 2,918.93 3,061.07 3,218.80 3,380.00 3,548.13 3,733.60 1,347.20 1,412.80 1,485.60 1,560.00 1,637.60 1,723.20 16.84 17.66 18.57 19.50 20.47 21.54 37,627.20 39,457.60 41,496.00 43,617.60 45,780.80 48,110.40 3,135.60 3,288.13 .3,458.00 3,634.80 3,815.07 4,009.20 1,447.20 1,517.60 1,596.00 1,677.60 1,760.80 1,850.40 18.09 18.97 19.95 20.97 22.01 23.13 38,625.60 40,560.00 42,577.60 44,803.20 47,049.60 49,400.00 3,218.80 3,380.00 3,548.13 3,733.60 3,920.80 4,116.67 1,485.60 1,560.00 1,637.60 1,723.20 1,809.60 1,900.00 18.57 19.50 20.47 21.54 22.62 23.75 41,496.00 43,617.60 45,739.20 48,110.40 50,523.20 53,040.00 3,458.00 3,634.80 3,811.60 4,009.20 4,210.27 4,420.00 1,596.00 1,677.60 1,759.20 1,850.40 1,943.20 2,040.00 19.95 20.97 21.99 23.13 24.29 25.50 42,577.60 44,803.20 47,049.60 49,400.00 51,916.80 57,262.40 3,548.13 3,733.60 3,920.80 4,116.67 4,326.40 4,771.87 1,637.60 1,723.20 1,809.60 1,900.00 1,996.80 2,202.40 20.47 21.54 22.62 23.75 24.96 27.53 45,739.20 48,110.40 50,544.00 53,040.00 55,723.20 61,526.40 3,811.60 4,009.20 4,212.00 4,420.00 4,643.60 5,127.20 1,759.20 1,850.40 1,944.00 2,040.00 2,143.20 2,366.40 21.99 23.13 24.30 25.50 26.79 29.58 a. Step 1 -Start b. Step 2 -One year from anniversary date. c. Step 3 -One year since last increase. If an employee is rated Needs Improvement, the employee may not advance to Step 3 until performance is rated Satisfactory or higher. d. Step 4 -One year since last increase. If an employee is rated Needs Improvement, the employee may not advance to Step 4 until performance is rated Satisfactory or higher. e. Step 5 -One year since last increase. An employee must achieve a Satisfactory rating or better in all areas of responsibility before advancing to Step 5. f. Step 6 -One year since last increase. An employee must achieve a Satisfactory rating or better in all areas of responsibility before advancing to Step 6. Employees whose competency level and/or performance are rated Unsatisfactory may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota this _th day of December 2003. Martin J. Kirsch ATTEST: Nancy Gibbs City Clerk Mayor (Revised 1203) GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS 1 Clerk Typist Non-Exempt Data Entry Operator Switchboard-Rece tionist Non-Exempt N E p on- xempt 2 Community Development Technician Non-Exempt Community Service Officer Non-Exempt Custodian Non-Exempt Finance Clerk Non-Exempt Investigative Clerk Non-Exempt Lead Liquor Clerk Non-Exempt Licensing Clerk Non-Exempt Police Cadet Non-Exempt Senior Clerk Typist Non-Exempt Senior Clerk Typist/Investigative Clerk Non-Exempt 3 Accounting Clerk Non-Exempt Arena Operations Assistant Non-Exempt Code Compliance Specialist Non-Exempt Community Development Technician II Non-Exempt Facility Operations Assistant Fore fr I t /O ti Non-Exempt y s nspec or pera ons Assistant Health/Licensing Specialist Non-Exempt Non-Exempt Leased Housing Assistant Non-Exempt Secretary Utilit Bi Non-Exempt y lling Clerk Non-Exempt 4 Assessment Clerk Non-Exempt Administrative Aide Non-Exempt Information Technologies Technician Non-Exempt 4E Administrative Aide Exempt Enterprise Facilitator Exempt Payroll Accountant Exempt Project Assistant Exempt Records Supervisor Exempt 5 Assistant Building Maintenance Supervisor Non-Exempt Engineering Technician Non-Exempt Facility Maintenance Supervisor Non-Exempt Recreation Supervisor Part-time Non-Exempt 5E Administrative Assistant Exempt Assistant Liquor Store Manager Exempt Civilian Crime Prevention. Specialist Exempt Community Center Programmer Exempt Community Development Accountant Exempt Community Development Specialist Exempt Human Services Planner/Coordinator Exempt Leased Housing Specialist Exempt Motor Vehicle Licensing Supervisor Exempt Naturalist Exempt Recreation Supervisor Exempt Redevelopment Specialist Exempt Rehabilitation Specialist Exempt Zoning Administrator Exempt 6 Network Administrator Non-Exempt Trade/Building Inspector Non-Exempt Trade/Electrical Inspector Non-Exempt 6E Accountant Exempt RESOLUTION NO. RESOLUTION RELATING TO THE 2004 SPECIALIZED PAY PLAN WHEREAS, Section 310.17 of the Ordinance Code of the City of Richfield provides that the pay grades, the number of steps or range of each pay grade, the compensation rates in each pay grade and the method of normal progression through the pay grade be established by Council resolution; and WHEREAS, the City administration has prepared a 2004 pay plan for the positions for which there are no essentially similar position classification in other regular pay plans. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do.and hereby does establish for the year 2004 the following pay plan which is to be effective on January 1, 2004, the first full pay period in 2004 and subject to the provisions of the personnel rules and regulations ordinance: 2004 SPECIALIZED PAY PLAN INTERMITTENT AND SEASONAL Pay Grade Step 1 Step 2 Step 3 Step 4 SP1-E/NE HR 6.31 6.64 6.92 7.28 SP2-E/NE HR 6.98 7.31 7.66 8.05 SP3-E/NE HR 7.52 7.90 8.29 8.71 S P4-E/N E H R 8.14 8.55 8.96 9.42 SP5-E/NE HR 8.76 9.22 9.67 10.16 S P6-E/N E H R 9.51 9.97 10.45 10.98 SP7-E/NE HR 10.22 10.75 11.29 11.83 SP8-E/NE HR 11.05 11.62 12.18 12.79 SP9-E/NE HR 11.93 12.55 13.16 13.81 SP10-E/NE HR 12.93 13.55 14.24 14.97 SP11-E/NE HR 13.89 14.64 15.37 16.11 S P 12-E/N E H R .15.06. 15.78 16.56 17.42 SP13-E/NE HR 16.13 17.00 17.88 18.80 Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to received increases to the next higher-grade step based on individual pertormance and the following progression: Step 1 -Start Step 2 -One year from anniversary date Step 3 -One year from last increase Step 4 -One year from last increase Passed by the City Council of the City of Richfield, Minnesota this _th day of December, 2003. Martin J. Kirsch Mayor ATTEST: Nancy Gibbs City Clerk 1 3 4 5 6 7 E Pool Attendant NE Pool Night Watch E Student Intern 8 NE Adaptive Coordinator NE Administrative Services Clerk NONE NE Clerk Typist -Int. & Substitute NE Construction Inspector NE Bike Patrol Officer NE Farmers Market Coordinator NE Concession I (all sites EXCEPT Pool, NE Publication Supervisor Vet's & Taft) NE Teen Coordinator NE Scorer/Timer E Playground Coordinator NE Recreation Attendant I E Maintenance Technician E Concession I (Pool, Vet's & Taft only) E Tennis Coordinator E Facility Rental Attendant 9 NE Community Development Tech. NE Arena Attendant E Special Facilities Coordinator NE Dance Coordinator & Skate Coordinator 10 NE Adult Sports Coordinator NE Recreation Attendant II (Men's Open NE Engineering Aide Gym & Sports Attendant) E Pool Supervisor E Concession II E Facility Cashier 11 NE Community Relations Coordinator E Mini Golf Attendant E Recreation Attendant II (Parks Water 12 NE Pool Coordinator Slide Attendant) 13 NE 911 Dispatcher NE Adaptive Assistant NE Custodian Instructors NE Professional Intern NE Building Inspector NE Survey Crew Person NE Figure Skating NE Winter Sports Attendant NE Hockey (Arena) E Warming House Attendant NE Housing & Redevelopment Tech. NE Sports Official NE Adaptive Leader/Specialist NE Substitute Naturalist NE Concession III (all sites EXCEPT Pool) NE Dance NE Receptionist E Cross Country Ski NE Teen Leader E Hockey (outside) E Concession III E Tennis E Lifeguard E WSI E Outdoor Skating Supervisor OTHER E Playground Leader Instructor's Range: $5.75 - $50 E Warming House Supervisor Election Judge $9.00 NE Accounting Clerk Election Co-Chair $9.5D NE Adaptive Program Supervisor Election Chairperson $10.00 NE Building Attendent NE=Non-Exempt, may work up to 40 hours per NE Concession Supervisor (all sites week without overtime pay. EXCEPT Pool) E-Exempt may work up to 48 hours per week NE Construction Specialist without overtime pay. NE Liquor Sales Associate All Pool positions are exempt from overtime, even Concessions. NE Maintenance Laborer All Playground and outdoor Rink positions are exempt. All Community Center, Wood Lake Nature Center, Ice Arena and NE Naturalist I Maintenance positions are non-exempt. NE Video Production Assistant (Revised 10/2003) NE Zamboni Operator E Mini Golf Supervisor E Concession Supervisor RESOLUTION NO. RESOLUTION RELATING TO THE 2004 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for Management employees from time-to-time; and WHEREAS, the City administration has prepared a 2004 pay plan for position classifications for Management employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2004 the following pay plan, which is to be effective January 1, 2004, the first full pay period in 2004 and subject to all applicable provisions of the City. MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M-1 YR 49,296.00 56,347.20 63,377.60 MO 4,108.00 4,695.60 5,281.47 BW 1,896.00 2,167.20 2,437.60 H R 23.70 27.09 30.47 M-2 YR 58,656.00 67,038.40 75,441.60 MO 4,888.00 5,586.53 6,286.80 - BW 2,256.00 .2,578.40 2,901.60 HR 28.20 32.23 36.27 M-3 YR 63,960.00 73,070.40 82,201.60 MO 5,330.00 6,089.20 6,850.13 BW 2,460.00 2,810.40 3,161.60 H R 30.75 35.13 39.52 M-4 YR 66,185.60 75,628.80 85,092.80 MO 5,515.47 6,302.40 7,091.07 BW 2,545.60 2,908.80 3,272.80 HR 31.82 36.36 40.91 M-5 YR 78,748.80 90,001.60 101,254.40 MO 6,562.40 7,500.13 8,437.87 BW 3,028.80 3,461.60 3,894.40 HR 37.86 43.27 48.68 c a~ _~ a~ U N _ ,~ cv tQ ~ _ ~ F- •~ N Z -~ ~~ O as c~ o o °-' ~ ~ ° c n ca ~ O? ~ ~ U ~ ~ o + ~•3 . ~ ~~~ > o ° Q Q Q c ~ ~= o ~w ~ ~~~ W d ~ ~ > ca co cv ~_ R o ~ W ~' ~' (~ N ~ ~ C ~ U U L N Q N ~ ~ ~ ~ o ~j ~ ~ O O o ~~ ~ 0. ~' ~' - a i ~ ,~,, ~ ;~ ao~~~~~ o y ~ ~ w N Z lL '~'. +. ~ to to O (U (II ~ L L O G Q Q Q ~ ~ ~ ~ ~ ~ = C s o ~ •- o No ~~~o o ~~~ZZ O ~ ~ ~ o i .a n o ~ ~, o L >+ fA ~ ~ r ~ C O Q ~ L. O ,~ ~ ~ N zMo ~. N L U >, •~ O N O r-+ ~ ~ a' ~ ~ mco ~ o a~ oc o~,~ L v a ~ ~, o, o ~ ~ ~n E .~ " " " L o ~'a~~ 0 tS ZT tS c'Q¢¢ U Z ~ c~ W o a~ N ~ ~, ca o ~ ~ ~ a~ rn ~ ~. ~~ ~ Z~~c a o Q ~Q.'~'~' . "~`C v " Q Q ~ ~ ~ ~ _ O U ~ ,~ ~ i ~ ~ v ~~ ~ ?w W U _ U ~ ~ 0 o Z .. o ~ ~ Q ~Z c ~ o ~• o ~ o > ~ H- ~ ~ ~ N ..~ ~~~ O~ c6 > ~ 0 o a~ W m o o c6 ~ ~'o~ ca o ~ ~ > n~a ~ Q ~ ca .~ O :«.. ~ U (A~ v ~ ~ N N C O¢c~z~ 0 c~ U Y C C~ G w F- ~-- Q C a~ U U .Q ~, U C (U Z MANAGEMENT POSITION CLASSIFICATION STRUCTURE RANGE POSITION TITLES CLASS M-1 Assistant to the City Manager Exempt Building Maintenance Supervisor Exempt City Clerk Exempt Facility/Program Manager Exempt Supervisor Exempt Health Administrator Exempt Liquor Store Manager Exempt Engineer -Project Exempt M-2 Chief Building Official Exempt Community Development Manager Exempt Information Technologies Manager Exempt Engineering Supervisor Exempt Housing & Redevelopment Manager Exempt Transportation Engineer Exempt M-3 Asst. Fire Chief/Fire Marshal Exempt Finance Manager Exempt Operations. Superintendent Exempt Utility Superintendent Exempt M-4 None Exempt M-5 Department Director Exempt (Rev. 12-03) RESOLUTION NO. RESOLUTION ESTABLISHING 2004 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 9366 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: SECTION 1. ESTABLISHING FEES A. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be as stated in the sections of this Resolution. B. A period of no less than 30 days will be allowed for the remittance of City Business license renewal fees contained in Sections 7, 8, 9, 10 and 1 1 of this resolution. C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 7, 8, 9, 10 and 1 1 of the resolution if not received by the City on or before December 31st of each year. The 10% surcharge will be based upon the cost of the license. D. Nothing in this section shall be deemed to require the City to issue or renew any license for which the fee has not been paid in a timely manner. SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES A. Investigation Fees: Work without a Permit: Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Section 2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any _ penalty prescribed by law. B. Permit fee refunds: The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permiftee not later than 180 days after the date of fee payment. TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (a) Inspections outside of normal business hours $47.00 per hour (minimum charge -two hours) (b) Reinspection fees $47.00 per hour (minimum charge $20.00) (c) Inspections for which no fee is specifically indicated $47.00 per hour (minimum charge -one-half hour) (d) Additional plan review required by changes, $47.00 per hour additions or revision to plans (minimum charge -two hours) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of he employee involved. D-1 SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) TYPE OF PERMIT I SECTION OR LICENSE REQUIRINt (1) Building Permits 400.03-400.0 TOTAL VALUATION ~ FEE SCHEDULE $1 to $500 $35.00 $501 to $2,000 $23.50 for the first $500 plus $3.05 each additional $100, or fraction thereof, to and including $2,000 with a minimum fee of $35.00. $2,001 to $25,000 $69.25 for the first $2,000 plus $14.00 for each additional $1,000, or fraction thereof, $25,001 to $50,000 -a ___,., ., .,. $391.25 for the first $25,000 plus $10.10 for each additional $1,000, or fraction thereof, to and includin $50,000. $50,001 to $100,000 $643.75 for the first $50,000 plus $7.00 for each additional $1,000, or fraction thereof, to and includin $100,000. $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and includin $500,000. $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and includin $500,000. $500,001 to $1,000,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and including $1,000,000. 1,000,001 and up $5,608.75 for the first $1,000,000 plus $3.65 for each additional $1,000, or fraction thereof. TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (2) Driveway, Parking 515.05 (no permit fee for sidewalks) $ 25.00 Area Permits (3) Swimming 420.00 Permanent above or below ground pools are based Building Permit. Portable Pools $ 35.00 (No fee shall be charged for construction or erection of any pool 24 inches or less in depth at its deepest part and not exceeding 177 sq ft in water surface) (4) Plan Review Fee 400.03-400.09 35% of building permit fee for one and two family dwelling detached garages and basement remodels 65% of building permit fee for all other building permits, except no fee for the following: (a) Existing single family dwelling minor nonstructural alterations. (b) Single and two family dwelling repair and maintenance work. (c) Commercial and industrial repair and maintenance work not exceeding $1,000 or where plans are not required. Plan review fee for Maximum 25% of permit fee based on Minnesota State Building Code similar buildings 1300.0160 (5) Contractors Charged once each time a contractor applies for $ 5.00 License permit(s) Verification Fee D-2 SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (6) Moving Dwellings 845 Pre-inspection Fee: IN Richfield $ 35.00 and Buildings other than Dwellings OUTSIDE Richfield $ 70.00 Moving Permit Fee: WITHIN Richfield $ 35.00 INTO Richfield $ 70.00 Moving Out of City $ 35.00 (7) Garage Moving 845 Pre-inspection Fee: (if relocated in City) $ 35.00 Garage Moving Permit Fee $ 35.00 (8) Structure 400.00-400.09 (a) Commercial Demolition Demolition cost as per Building Permit Schedule with a minimum of $ 35.00 (b) Dwelling l .One or two story $ 35.00 Residential -Garage and lesser structure $ 35.00 (9) Plumbing Permit 400.03-400.09 Residential Minimum Fee 2% of Total Job cost with a minimum of $ 35.00 (includes one inspection) Each additional inspection $ 20.00 (10) Plumbing Permit 400.03-400.09 Commercial -Based on Total Job cost 2% of Estimated Job cost with a minimum of $ 45.00 (11) Electrical Permit 400.03-.400.09 Residential (a) Minimum Fee which includes one inspection $ 35.00 (b) Each additional Inspection $ 20.00 (c) Complete Wiring Fee: Single Family Dwelling and each dwelling unit of $ 100.00 a two family dwelling and includes not more than three inspection. (d) New Service - up to 200 amps $ 35.00 (e) Temporary Service - (for construction) $ 35.00 (f) Installation, addition alteration, or repair of $ 8.00 each circuit or feeder (12) Electrical Permit 400.03-400.09 Commercial, Industrial and multiple dwellings Commercial (more than two units) Minimum Fee $ 45.00 (a) Based on total job cost - 2% of estimated job cost with a minimum of $ 45.00 - Over $50,000 -Fee/ $1,000.00 plus 1 1 /2% of cost over $50,000.00 (b) Traffic Signals: Per Intersection $ 185.00 (c) Fire Alarm: Based on 3/4% of cost of electrical job to customer with a minimum of $ 45.00 (13) Electrical Permit 400.03-400.09 Based on 2% of cost of electrical job to customer Signs with a minimum of $ 45.00 (separate electrical permit required for signs) D-3 SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (14) Heating, 400.03-400.09 Central Systems and Additions, Alterations and Repairs Ventilating, Air 1 1 /2% estimated cost with a minimum of $ 35.00 Conditioning and (Includes one inspection) Refrigeration Each additional inspection $ 20.00 Residential Central Systems and Additions, Alterations and Repairs Heating, 1 1 /2~ estimated cost with a minimum of $ 45.00 Ventilating, Air Conditioning and Refrigeration Commercial (15)Heating, Fuel 400.03-400.09 Tanks (Installation modification, removal, Ventilation, Air abandonment) Conditioning, Each above ground tank $ 100.00 Refrigeration Each below ground tank $ 100.00 Storage Tanks For installation or alteration of piping $ 35.00 (16)Sign Installation 415.01-415.1 1 (a) Temporary sign permit $ 30.00 (b) Permanent sign (any size) $ 75.00 (c) Building permit is required for sign support structures Fees based on building permit fee schedule SECTION 3. CONSTRUCTION AND RELATED LICENSE FEES (1) Heating and Ventilating Installer 400.07 1 Year $ 75.00 (2) Sign Installer 416.01-41 b.l 3 1 Year $ 75.00 (3) Electrical Installer 400.03-400.09 State License Required (4) Plumber 400.03-400.09 State License Required (5) Well Driller 620 State License Required SECTION 4. ZONING. LAND USE AND RELATED CHARGES TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) *Planned Unit 536 (a) $500 plus $5/ $1,000 of project value up to a Development maximum fee of $ 3,500.00 (b) PUD Plan Amendment fee -major $ 550.00 (c) PUD Plan Amendment fee -minor $ 250.00 (2) *C-3 Zoning District 526.39 (a) $500 plus $5 / $1,000 of project value to a Site Plan Review maximum fee of $ 3,500.00 (b) Plan Amendment Fee $ 550.00 Transitional Activity 526.63 permit $300 plus $5/ $1,000 of project value up to a maximum fee of $ 3,000.00 D-4 SECTION 4. ZONING, LAND USE AND RELATED CHARGES fCONTINUEDI TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (3) *Variance 546.09 Residential $ 250.00 Non Residential $ 450.00 Extension $ 75.00 Variance Appeal Residential and Non Residential $ 100.00 (4) *Conditional Use 546.05 (a) change in use $ 350.00 Permit (b) new construction or building addition up to 20,000 sq. Ft. $ 600.00 (c) new construction or building addition over 20,000 sq. Ft. $600 + $.50/$1,000 of construction value up to a maximum fee of $ 3,500.00 (5) *Zoning District 546.07 $ 500.00 Change (6) *Subdivision 500.01-500.05 $ 500.00 Approval Subdivision Waiver 500.05-Subd. 2 $ 350.00 *Any additional expense of notification necessitated by applicants request for continuance will be charged to the applicant. (7) Off-street Parking 541.07 (a) As part of conditional use permit process No Fee Permit 800.15-800.23 (b) In conjunction with permitted use $ 300.00 (8) Street Vacation 820 $ 350.00 (9) Conditional 521.103 $ 300.00 Activity Permit (10) Nonconforming 521.105 $ 400.00 Use Permit (1 1) Appeal to Board of $ 350.00 Adj. & Appeals (12) Special Request to $ 350.00 City Council (13) Zoning $ 50.00 Compliance Letter (14) Comprehensive $ 350.00 Plan Amend. (15) Home Occupation $ 25.00 Permit (16) Plat: preliminary & $ 500.00 final D-5 SECTION 5. PUBLIC WORKS FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Benches 805.01-805.27 First Year $ 80.00 Renewal $ 55.00 (2) Boulevard feature 81 1.07 a) Application to place a privately owned feature in $ 25.00 Permit the boulevard b) If applied for after installation of feature has begun $ 50.00 (3) Excavation in 800.01-800.15 a) For each transverse excavation and each 100 feet $ 125.00 Public Right of way or portion thereof longitudinal excavation and for each 100 feet of curb and gutter or portion thereof installed or driveway apron installed, except when survey and grade stakes are set by City b) If applied for after excavation has begun $ 250.00 (4) Forestry Permit 810 Applies only to trees on City property and public ROW $ 25.00 (5) Seasonal Load a) Per load $ 25.00 Limit Exemption b) If applied for after delivery $ 50.00 (6) Obstruction Permit 802.17 (a) Short term, temporary lane closure of less than four No fee hours (b) Lane closures longer than four hours duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial/Collector/Distributor Day (per block or portion thereof) $ 30.00 Week (per block or portion thereof) $ 125.00 Local/Residential Day (per block or portion thereof) $ 15.00 Week (per block or portion thereof) $ 50.00 Parking lane/sidewalk Day (per block or portion thereof) $ 7.50 Week (per block or portion thereof) $ 31.25 If applied for after obstruction closure has begun (c) Short term, temporary lane closure of less than four No fee hours (d) Lane closures longer than four hours duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arteria I/Collector/Distributor 00 $ 60 Day (per block or portion thereof) . Week (per block or portion thereof) $ 250.00 Local/Residential Day (per block or portion thereof) $ 30.00 Week (per block or portion thereof) $ 100.00 Parking lane/sidewalk Day (per block or portion thereof) $ 15.00 Week (per block or portion thereof) ~ 62.50 (7) Noise Ordinance 930.35 (a) With conditions added as required $ 25.00 Exemption (b) If applied for after violation $ 50.00 D-6 SECTION 5. PUBLIC WORKS FEES (CONTINUED) (8) Utility Services Sanitary Sewer 700.05 All land uses New Service $ 100.00 Repair $ 100.00 Disconnect $ 100.00 Replacement $ 100.00 Water Service 715.01 All land uses New Service $ 100.00 Repair $ 100.00 Disconnect $ 100.00 Replacement $ 100.00 Storm Sewer 720 All land uses New Service $ 100.00 Repair $ 100.00 Disconnect $ 100.00 Replacement $ 100.00 (9) Certification 705.03-705.21 1411 delinquent accounts $ 50.00 Char e SECTION 6. FIRE SERVICES FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Fire Prevention 400.21-400.29 For initial fee required under code Per year $ 50.00 Code For each additional fee required under code Per year $ 10.00 Penalty If not renewed within 2 months of notification $ 25.00 (2) Daycare/Adult Foster Care Facility Inspection $ 50.00 (3) Reimbursement Fee for Fire/Rescue Per Hour $ 150.00 Unit 4 Fire Re ort Per co $ 5.00 (5) Sale of Consumer 1 131 License per location to sell Per Year $ 100.00 Fireworks consumer fireworks (6) Fire Extinguishing Based on Building Permit fee schedule with a System Permit minimum of: $ 50.00 Plan review fee: 65% of building permit fee, except no fee for the following: a no char a for valuation of $1,000 or less (7) Fire Alarm Systems Based on Building Permit fee schedule with a minimum of: $ 50.00 Plan review fee: 65% of building permit fee, except no fee for the following: a no char a for valuation of $1,000 or less (8) Flammable or Based on Building Permit fee schedule with a Combustible minimum of: $ 50.00 Underground Storage Tanks Plan Review fee: 65% of building permit fee, except no fee for the following: (a) no charge for valuation of $1,000 or less Under round Tank Removal $ 100.00/Tank D-7 SECTION 7. AMUSEMENT AND RECREATION LICENSES AND PERMITS TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Arcade 1 1 OS 1 Year $ 356.00 (2) Amusement 1 100.01 (a) Mechanical Amusement Device (Pinball) 1 Year $ 15.00 Device (b) Mechanical Music Box 1 Year $ 15.00 (c) Video Games 1 Year $ 15.00 (3) Lawful Gambling 1 100.13 Bingo, Tipboard, Paddle Wheel, Raffle, Pull Tabs (a) Lawful Gambling Permit (those exempt from State Licensure) 1 Year $ 100.00 (State Statute 349.213) (b) Lawful Gambling Investigative Fee 1 Year $ 100.00 (State Statute 349.16) STATE LICENSE REQUIRED (4) Itinerant Place of 1 100.05-1 100.11 1 day $ 190.00 Amusement (5) Public Dance 1 1 10.03 For each day dances are held - $3 1 month $ 31.00 No fee for locations holding tavern licenses. (6) General 1 100.03 (a) Billiard, Pool or Pigeonhole table (each) 1 Year $ 15.00 Amusement 1. Coin operated 1 Year $ 15.00 (b) Bowling Alley (per lane) 1 Year $ 31.00 (c) Circus 1 Year $ 155.00 (d) Dance Hall 1 Day $ 155.00 (e) Golf 1. Miniature 1 Year $ 36.00 2. Driving Tee 1 Year $ 36.00 (f) Mountback 1 Day $ 147.00 (g) Rides, mechanical/animal of any kind (ea) 1 Year $ 15 00 (h) Shows, any kind 1 Day . $ 147.00 (i) Shuffleboard (each lane) 1 Year $ 16.00 (j) Other games 1 Day $ 15.00 (7) Musical Concert 1 1 10.01 Per event $ 31.00 (8) Theatre Cinema 1 120 1 Year $ 148.00 Plus a notice publication fee $ 6.50 (9) Roller Rink 1 1 15 1 year or portion thereof $ 148.00 (10) Commercial Adult- 605 1 Year $ 1,777.00 Oriented Enterprises Investigation fee 1 Year $ 1,777.00 (1 1) Masseur/Masseuse 605 Certificate fee 1 Year $ 60.00 Investigation fee 1 Year $ 148.00 (12) Public Baths 610 1 Year $ 2,058.00 Investigation fee (actual cost minimum) $ 2,058.00 (13) Fortune Teller and 1 130.05-1 130.07 1 Day $ 119.00 related trade 1 W eek $ 355.00 1 Month $ 710.00 1 Year $ 1,185.00 (14) Adult 1196 Annual license 1 Year $ 1,777.00 Establishments Investi ation fee new license $ 1,777.00 D-8 SECTION 8. ANIMAL LICENSES AND PERMITS TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) Animals 905.01-905.29 (a) Animals (Spayed or Neutered) with 1 Year $ 13.00 option to purchase amulti-year license (b) Animals (Not Spayed or Neutered 1 Year $ 15.00 (c) Duplicate Animal License $ 7.00 (d) Late Penalty $ 6.00 905.31-905.33 (e) Commercial Kennel 1 Year $ 178.00 (f) Residential Kennel 1 Year $ 136.00 (g) Veterinary 905.37-905.39 (h) Pigeons 1 Year $ 178.00 905.41 (i) Non-domestic Animals (Temporary Permit) $ 35.00 905.01-905.29 (j) Impounding (each animal) 1st time $ 23.00 2nd Time $ 52.00 3rd time (each impound after) $ 103.00 $ 155.00 SECTION 9. VEHICLE AND TRANSPORTATION LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Bicycle 1335 Minnesota State Registration (2) Aircraft 1340 1 Day $ 35.00 (3) Food Vehicle 615 (a) Bakery vehicle 1 Year $ 90.00 (b) Catering -for first food vehicle 1 Year $ 190.00 Second vehicle 1 Year $ 78.00 Each additional vehicle 1 Year $ 43.00 (c) Readily perishable (Same as (b) above) (4) Garbage and 601.01-601.33 Commercial and Residential Refuse Collection First vehicle 1 Year $ 178.00 Each additional vehicle 1 Year $ 38.00 (5) Motor Vehicle 1 155 Per place of business. 1 Year $ 267.00 Dealer Each additional place of business 1 Year $ 101.00 (6) Motor Bicycle 1 160 Per place of business 1 Year $ 155.00 Business Per place of business to sell, rent or least 1 Year $ 71.00 (7) Sound Truck 1 165 Per vehicle 1 Year $ 155.00 Per Vehicle 1 Day $ 24.00 (8) Taxicab 1 170 First vehicle or auto livery 1 Year $ 385.00 Each additional vehicle or auto livery operated at any time within license period 1 Year $ 48.00 (9) Taxicab Driver 1 175 1 Year $ 36.00 (10) Rental or Utility 1 185 Each place of business 1 Year $ 71.00 Trailers and Trucks D-9 SECTION 10. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Firearms Dealer 920.01-920.05 1 Year $ 1,185.00 (2) Itinerant Food 615 1 Year $ 95.00 Establishment (3) Retail Candy Shop 615 First facility 1 Year $ 95.00 Each additional on same premises 1 Year $ 24.00 (4) Food Establishment 615 (a) Retail or Wholesale Food Sales (Grocery) 1 Year $ 250.00 (b) Restaurant (Prepackaged food only sold for consumption) 1 Year $ 250.00 (c) Restaurant (Prepared food sold for consumption) 1 Year $ 469.00 (d) Plan Review Fees: See fee sc hedule at end of Section 10 (e) Additional Food Facilities (Baked goods, meat, produce, microwave ovens) Each $ 31.00 (5) Vending Machine 615 (a) Food vending machine requiring coin or token (excepting those machines dispensing bottled or canned soft drinks) 1 Year $ 15.00 (b) Other food vending machines (excepting those dispensing bottled or canned soft drinks) 1 Year $ 15.00 (c) Ice vending machine 1 Year $ 15.00 (b) Automobile 1 125 Per calendar year or fraction thereof $ 119.00 Washing Establishment (7) Scavenger 600.25 Each vehicle 1 Year $ 35.00 Permit fee for opening cesspool or dumping contents of each cesspool into City sewer $ 18.00 (8) Incinerator 600.01-600.23 1 Year $ 35.00 (9) Tobacco 1 146.01(MS Retail Sale and Distribution -License issued $ 297.00 461.12) on calendar year (cigarette vending machines prohibited) (Bill No. 1998-19) (1 O) Soft drink 1 145.01 (a) Cans, bottles from shelf or cooler, $ 26.00 fountain service (b) Vending machine dispensing bottles or -0- cans (c) Other vending machines Per year or fraction thereof $ 26.00 Per each additional machine $ 26.00 (1 1) Transient Merchant 1 181.01-1 181.09 1 Day $ 75.00 (12) Wagon Peddler 1 181 1 Year $ 179.00 (13) State hawker or 1181 6 month/per person covered $ 42.00 Peddler license D-10 SECTION 10. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED) (14) Canvasser or 1 181 6 month/per person covered $ 42.00 Solicitor (15)Christmas Tree Sale 1 130.03 1 Year $ 95.00 (16) Motel 1 190 First Unit $ 166.00 Per year each additional unit $ 12.00 (17) Outdoor 1 135 Permit $ 78.00 Merchandising (18) Storage Enclosure 1 135 Per Enclosure $ 68.00 (19) Pawnbroker 1 187 (a) Pawnbroker 1 Year $ 3,090.00 (b) Owner investigation fee (nonrefundable) 1 Year $ 1,777.00 (c) Manager investigation fee 1 Year $ 644.00 (nonrefundable) (d) Employee investigation fee 1 Year $ 62.00 (nonrefundable) (e) Transaction fee -per transaction $ 2.00 (20) Secondhand 1 186 (a) Secondhand Goods Dealer 1 Year $ 340.00 Goods Dealer (b) Initial investigation fee (nonrefundable) actual costs in excess of above with total not exceeding $ 1,422.00 Applicant shall deposit $1200.00 with Licensing Clerk along with application. Amount in excess of actual application costs shall be refunded. (21) Auto Detailing 1 195.01 1 Year $ 266.00 Establishment (22) Tattoo, Body 630 (a) Tattoo, body piercing, body painting or Piercing, Body body branding 1 Year $ 593.00 Painting or Body (b) Initial investigation fee (nonrefundable) 1 Year $ 1 ,777.00 Branding (23) Temporary Tattoo, 630 Per booth $ 36.00 Body Piercing, Body Branding and Body painting events (24) Massage Therapy 1 188 Annual license 1 Year $ 593.00 Enterprise License Investigation fee (new license) $ 593.00 (Business license) Massage Therapist Annual license 1 Year $ 60.00 License (Individual Investigation fee (new license) $ 60.00 license) Temporary Per temporary location $ 119.00 Massage Therapist License (25) Public Swimming 420.10 1st Pool $ 101.00 Pool License Each Additional $ 54.00 D-11 SECTION 10. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED) PLAN REVIEW FEE FOR FOOD, THERAPEUTIC MASSAGE AND LODGING PERCENTAGE OF FACILITY INVOLVED WILL BE DETERMINED BY STAFF Definitions: Class A -Large restaurant or large grocery store that employs more than four people per shift, and/or has multiple supplemental licenses (i.e., bar, bakery, deli, meat department, etc.) Class A (Fast Food) -Counter service only and/or drive through window and warehouses. Class B -Daycare, pet shops, retail candy, prepackaged food only. Class C Small grocery/restaurants with four or less employees per shift and health clubs. Environmental plan review -includes the physical remodeling, updating, equipment replacement, equipment additions and the general overall review of all plans/work. This also includes all new development projects. New Construction Extensive Minor Remodel Non-remodel and/or Major Remodel (25- (0-24% of facility) approval Remodel (over 50% 50% of facility) consultation of facility involved) ($5,000 or less in costs Class A (large $1891 $985 $532 $91 restaurant or roce Class A (fast food and $1302 $713 $396 $91 warehouses Class C (food facilities $713 $396 $237 $91 with 4 or less employees per shift and health clubs Class B (daycares, $350. $136 $68 No fee grocery, pet shops, retail cand Class B (prepackaged New project or Minor remodel - food only) change of owner - permit but no $91 Ian check fee Thera eutic Massa e $91 $91 $91 $91 Lod in $1574 $849 $441 $91 SECTION 11. LIQUOR AND RELATED LICENSE AND PERMIT FEES TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) Nonintoxicating 1210 (a) On-Sale 1 Year $ 652.00 Malt Liquor (b) Tavern (dance) 1 Year $ 534.00 (c) Wholesale 1 Year $ 32.00 (d) Off-Sale 1 Year $ 190.00 (e) Club (Bottle Club) 1 Year $ 433.00 (2) Liquor 1200.01-1200.25 1200.29-1200.39 (a) On-Sale 1 Year $1 1,200.00 1215 (b) Sunday (Fee set by state law) 1 Year $ 200.00 1225 (c) Wine 1 Year $ 950.00 1200.01-1200.25 (d) Veterans' Organization (Ex-Sunday) 1 Year $ 618.00 1200.29-1200.39 D-12 SECTION 11. LIQUOR AND RELATED LICENSE AND PERMIT FEES (CONTINUED) TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (3) Employee License 1200.01-1200.25 Effective 10/1/95 all licenses issued shall be $ 26.00 On-Sale Liquor 1200.29-1200.39 valid for a period of two years from the date Establishments of initial application (4) Investigation Fee 1200.01-1200.25 (a) On-Sale liquor including Veterans' $ 592.00 and 1200.29-1200.39 Organization each person shown on application actual costs in excess of above Each additional investigation for each person not listed on original or renewal application $ 178.00 1225 (b) Wine - Original Application initial Fee $ 327.00 and actual costs in excess of above with total fee not to exceed $ 2,496.00 Renewal Application Initial Fee $ 73.00 and actual costs in excess of above with total cost not to exceed $ 2,496.00 1200.09 Additional Investigation under 1200.09 Subd. 3 $ 147.00 and not to exceed $ 2,496.00 Investigation of substitute manager $ 74.00 SECTION 12. HOUSING INSPECTION AND RENTAL LICENSE FEES TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) License for 405 (a) Apartment House (includes first 4 Units) , 1 Year $ 71.00 Apartment Houses each additional unit in excess of 4 $ 10.50 and Rental Homes (b) Rental Home -single family dwelling 1 Year $ 71.00 (c) Duplexes/double bungalows, triples and quads First unit 1 Year $ 71.00 Each additional rental unit 1 Year $ 26.00 (d) Late Fee 10% penalty for each month or portion thereof during which said fee remains unpaid. (e) License Transfer Fee $ 10.50 (f) Reinstatement of suspended license 50% of license fee (g) Reinstatement of Revoked license 100% of license fee (h) Re-Inspection Fee $ 83.00 ea. Inspection over sta ndard 3 inspections (i) Provisional license for apartment house 1 Year $ 165.00 Includes 1 - 4 units Each additional unit in excess of 4 $ 19.00 D-13 SECTION 12. HOUSING INSPECTION AND RENTAL LICENSE FEES (CONTINUED) TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (2) Certificate of 405.26 Single family home or owner/occupied $ 71.00 Housing portion of a 2-family home maintenance Compliance (3) Permit Fee for 405.19 1 Year $ 89.00 Rooming House SECTION 13 -MISCELLANEOUS FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Permit to reside 1 190 In motel for more than six months $ 16.00 (2) Permit to Carry a Permit Issued By County Gun (3) Antenna 426 (a) CWTS antenna permit application fee $ 75.00 Commercial (b) Antenna permit fee for additional $ 25.00 Wireless antennas added to an existing antenna Telecommunicatio location n Service CWTS (4) False Alarms (a) in excess of 2 for calendar year $ 100.00 (billable) (b) in excess of 10 for calendar year $ 200.00 (c) in excess of 20 for calendar year $ 300.00 (5) Copying Services Flat rate (per page) $ .30 Provided Special rate (a) Black & White Photocopy rate 8.5 x 1 1 (per side) $ .30 8.5 x 14 (per side) $ .40 1 1 x 17 (each) $ .50 24 x 36 (each) $ 2.50 X-large $ 2.50 Color Photocopy rate 8.5 x 11 (per side) $ 1.00 8.5 x 14 (per side) $ 2.00 11 x 17 (each) $ 4.00 24 x 36 (each) $ 18.00 X-large $3. 00/sq.ft. (b) Labor hourly wage & 33% (c) Postage prevailing rate (d) Assessing Assessing Search $ 15.00 Assessing Printout $ 3.00 (e) Fax per page $ .50 (f) Audio tape of meeting (per tape) $ 5.00 (g) Video tape of meeting (per tape) $ 15.00 (h) Electronic copies (cd or disk) $ 5.00 (i) As builts (per image) $ .50 (6) Notary Fee Per Signature $ 1.00 (7) Candidate Filing City Charter $ 25.00 Fee 4.04 D-14 SECTION 14 -ROOM AND PARK SHELTER RENTAL FEES FEE LOCATION DESCRIPTION CLASSIFICATION FEE Richfield City Hall Council Chambers Non-Profit Weekend: $50.00/Hr Weekday: $40.00/Hr Resident Weekend: $60.00/Hr Private Weekday: $50.00/Hr Non-Resident Weekend: $70.00/Hr Private Weekda : $60.00/Hr Richfield Community Center Augsburg Room Non-Profit Weekend: $25.00/Hr Weekday: $20.00/Hr Resident Weekend: $30.00/Hr Private Weekday: $25.00/Hr Non-Resident Weekend: $35.00/Hr Private Weekday: $30.00/Hr Richfield Community Center Nicollet Room Non-Profit Weekend: $25.00/Hr Weekday: $20.00/Hr Resident Weekend: $30.00/Hr Private Weekday: $25.00/Hr Non-Resident Weekend: $35.00/Hr Private Weekday: $30.00/Hr Richfield Community Center Combined Non-Profit Weekend: $50.00/Hr Nicollet/Augsburg Weekday: $40.00/Hr Resident Weekend: $60.00/Hr Private Weekday: $50.00/Hr Non-Resident Weekend: $70.00/Hr Private Weekday: $60.00/Hr Richfield Community Center Richfield Room Non-Profit Weekend: $50.00/Hr Weekday: $40.00/Hr Resident Weekend: $60.00/Hr Private Weekday: $50.00/Hr Non-Resident Weekend: $70.00/Hr Private Weekday: $60.00/Hr Richfield Community Center Ruth Johnson Room Non-Profit $20.00/Hr Resident $25.00/Hr Private Non-Resident $30.00/Hr Private D-15 SECTION 14 -ROOM AND PARK SHELTER RENTAL FEES (CONTINUED) FEE LOCATION DESCRIPTION CLASSIFICATION FEE Richfield Community Center Fireside Room Non-Profit $20.00/Hr Resident $25.00/Hr Private Non-Resident $30.00/Hr Private Wood Lake Nature Center Auditorium Non-Profit $22.00/Hr Resident $34.00/Hr Private Non-Resident $36.00/Hr Private Augsburg Park Park Buildings Resident $20.00/Hr Christian Park $16.00/Hr (3+ Hrs) Donaldson Park-East Jefferson Park Non-Resident $25.00/Hr Madison Park $21.00/Hr (3+ Hrs) Taft Park-North Washin ton Park Fairwood Park Open Picnic Shelters Resident $15.00/Hr Monroe Park $12.00/Hr (3+ Hrs) Augsburg Park Non-Resident $20.00/Hr $17.00/Hr 3+ Hrs Sheridan Park Open Picnic Shelter Resident $17.50/Hr $14.00/Hr (3+ Hrs) Non-Resident $22.50/Hr $19.00/Hr (3+ Hrs) Veterans Park Open Picnic Shelter Resident 1 Section: $75.00 4 Hour Block 2 Sections: $135.00 3 Sections: $190.00 Non-Resident 1 Section: $80.00 2 Sections: $145.00 3 Sections: $205.00 D-16 SECTION 15. FINE SCHEDULE FOR VIOLATIONS The following schedule of fines applies to offenses initiated by administrative citation. TYPE OF ORDINANCE VIOLATION VIOLATED DESCRIPTION FINE (1) ANIMALS 905.03 Failure to license animal $50.00 905.05 Failure to restrain dog $50.00 905.06 Failure to dispose of animal feces $50.00 930.15 Animal annoyance by reason of noise $50.00 905.17 Failure to quarantine animal $100.00 905.19 Failure to comply with potentially or dangerous $250.00 dog requirements 905.31 Failure to obtain commercial kennel license, multi- $50.00 animal residential license or veterinary kennel license 905.29 Abandonment of an animal $100.00 Failure to provide shelter, food or water fora $250.00 domestic animal 2005.03 Cruelty to animals and birds $250.00 (2) BUILDING 400.19 Failure to number houses and buildings $50.00 CODE 405.09 Failure to provide minimum standards for basic $100.00 equipment and facilities 405.1 1 Failure to provide minimum standards for light, $100.00 ventilation and heating 405.13 Failure to provide minimum standards for safe and $100.00 sanitary maintenance of dwellings/ dwelling units 405.15 Failure to provide minimum space $100.00 406.01 Failure to license rooming house $100.00 407.00 Failure to license apartment houses and rental $100.00 homes 407.09 Failure to display license or provide tenant register $100.00 408.01 Failure to obtain certificate of housing $100.00 maintenance compliance (POS) 420 Failure to comply with swimming pool ordinance $100.00 (3) BUSINESS 1 100.01 Failure to obtain amusement devices license $50.00 LICENSES 1340.01 Failure to obtain aircraft license $50.00 1 105.01 Failure to obtain arcade license $50.00 1 125.01 Failure to obtain car washing license $50.00 D-17 SECTION 15. FINE SCHEDULE FOR VIOLATIONS (CONTINUED) TYPE OF VIOLATION ORDINANCE VIOLATED DESCRIPTION FINE BUSINESS LICENSES 1 130.03 Failure to obtain Christmas tree license $50.00 (CONT.) 605.05 Failure to obtain commercial adult-oriented $50.00 services license 1 196.1 1 Failure to obtain an adult establishment license $50.00 1 188.05 Failure to obtain a therapeutic massage license $50.00 1 195.03 Failure to obtain an auto detailing establishment $50.00 license 1200.03 Failure to obtain intoxicating liquor license $50.00 850.09 Failure to obtain community celebration license $50.00 1 1 10.01 Failure to obtain concerts or dance license $50.00 615.05 Failure to obtain food establishment license $50.00 920.03 Failure to obtain firearms license $50.00 1 130.05 Failure to obtain fortune teller license $50.00 601.15 Failure to obtain garbage and refuse collection $50.00 license 1 100.13 Failure to obtain lawful gambling license $50.00 1 100.03 Failure to obtain general amusement license $50.00 1200.33 Failure to obtain a liquor employee license $50.00 1 190.05 Failure to obtain motel license $50.00 1 160.03 Failure to obtain motor bicycle license $50.00 1 155.05 Failure to obtain a State motor vehicle dealers $50.00 license 1 155.07 Failure to obtain a City motor vehicle dealers $50.00 license 1 120.03 Failure to obtain movie theatre license $50.00 1210.05 Failure to obtain 3.2 intoxicating malt liquor license $50.00 1 181.03 Failure to obtain transient merchant, peddlers, $50.00 wagon peddlers and solicitors license 905.39 Failure to obtain pigeon license $50.00 1 186.05 Failure to obtain a pawnbroker license $50.00 1 187.05 Failure to obtain a secondhand goods dealer $50.00 license 1215.03 Failure to obtain a license for Sunday alcohol sales $50.00 610.03 Failure to obtain public bath license $50.00 D-18 SECTION 15. FINE SCHEDULE FOR VIOLATIONS (CONTINUED) TYPE OF ORDINANCE VIOLATION VIOLATED DESCRIPTION FINE BUSINESS LICENSES 1 1 15.03 Failure to obtain roller rink license $50.00 (CONT.) 601.33 Failure to obtain scavenger license $50.00 1 145.01 Failure to obtain soft drink license $50.00 1 165.03 Failure to obtain sound truck license $50.00 1 175.03 Failure to obtain taxi driver license $50.00 1 170.03 Failure to obtain taxi license $50.00 1 146.05 Failure to obtain tobacco license $50.00 1 185.01 Failure to obtain rental trailer and truck license $50.00 1 100.15 Failure to obtain video game license $50.00 1225.03 Failure to obtain wine license $50.00 (4) FENCES/WALLS/ 51 1.23 Failure to maintain fences/walls/ hedges $100.00 HEDGES (5) FOOD 615 Violations of food establishment ordinance $100.00 ESTABLISHMENTS (6) GARBAGE 601.03 Failure to dispose of garbage/ refuse $50.00 601.09 Improper storage and maintenance of garbage $50.00 containers 601.35 Failure to comply with composting .ordinance $50.00 (7) LITTERING 830.03 Littering $50.00 830.07 Placing litter into gutters $50.00 830.31 Improper posting of notices $50.00 830.41 Improper placement of snow/ice $50.00 1 135 Improper outdoor merchandising and storage $50.00 (8) NOISE 930 Violations of the noise ordinance $50.00 (9) PARKING 1305.19 Failure to comply with the "Vehicles for Sale" $50.00 ordinance 1305.27 Failure to comply with parking ordinance for certain $50.00 vehicles/trailers 1327.05 Failure to comply with parking of truck-tractors, semi- $50.00 trailers, truck-tractor and semi-trailer combinations or trucks ordinance D-19 SECTION 15. FINE SCHEDULE FOR VIOLATIONS (CONTINUED) TYPE OF ORDINANCE VIOLATION VIOLATED DESCRIPTION FINE (10) PARKING/OUTSIDE 1320 Improper parking or storage $100.00 STORAGE 925 Maintaining a public nuisance $50.00 (1 1) RECREATIONAL 1325 Improper parking or storage of recreational $50.00 VEHICLES vehicles (12) SIGNS 416 Sign regulations 100.00 (13) TRANSIENT 1 181 Violation of transient merchant, peddler, wagon $50.00 MERCHANTS, peddler and solicitor license PEDDLERS, WAGON PEDDLERS AND SOLICITORS (14) ZONING 511 General Zoning Provisions, including 100.00 encroachments; non-conforming uses and structures; traffic visibility triangles; central air conditioner units; home occupations; and fences, walls, and hedges. 521 Rules for the R, R-l, MR-l, MR-2, and MR-3 100.00 residential zoning districts, including permitted, accessory, and conditional uses; lot area, width, depth, and coverage requirements; set-back and height requirements; accessory building and use regulations, outdoor open space; parking requirements; performance standards; conditional activity permits; and non-conforming use permits. 524 Rules for the SO-1 Service-Office zoning district, 100.00 including permitted, accessory and conditional uses; lot area, width, depth, and coverage requirements; set-back and height requirements; accessory building and use regulations; and rules for conduct of business operations. 526 Rules for the C-1, C-2, and C-3 commercial zoning 100.00 districts, including permitted, accessory, conditional and prohibited uses; lot area, width, depth, and coverage requirements; set-back and height requirements; accessory building and use regulations; rules for conduct of business operations. Also C-3 specific rules including transitional activity permits; non-conforming uses and structures; site plan approval; landscaping values; minimum floor-area ratios; solar access requirements; and maintenance of landscaping. D-20 SECTION 15. FINE SCHEDULE FOR VIOLATIONS (CONTINUED) TYPE OF VIOLATION ORDINANCE VIOLATED DESCRIPTION FINE ZONING (CONT.) 531 Rules for the I industrial zoning district, including 100.00 permitted, accessory and conditional uses; lot area, width, depth and coverage requirements; set-back and height requirements; accessory building and use regulations; and rules for the conduct of business operations. 536 Rules for PUD planned unit development zoning 100.00 districts including requirements for unified control; integrated design; coordination with subdivision regulations; lot area; allowable uses; proposal review and application; final development plans and conditional use permits; amendments; and fees. 538 Floodplain Management Regulations including 100.00 permitted uses in floodplain overlay districts; floodplain use permits; and construction standards near or in floodplain overlay districts. 541 Performance standards for all new developments 100.00 except single family, two family, and cluster home developments, including exterior lighting; traffic/parking studies; off-street parking and loading; landscaping and screening; underground utilities; exterior treatment of buildings; screening mechanical equipment; dumpster enclosures; and stormwater management. 546 Administration for the Board of Adjustments and 100.00 Appeals; Conditional Use Permits; Zoning Amendments; Variances; Passed by the City Council of the City of Richfield this 9th day of December, 2003. Martin J. Kirsch ATTEST: Nancy Gibbs City Clerk D-21 Mayor AGENDA SECTION: Public Hearings AGENDA ITEM # gB REPORT # 297 STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~. ~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 pawnbroker and secondhand goods dealer licenses for Ca ital Cash LLC, d/b/a H 's Pawn, 6414 Nicollet Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of pawnbroker and secondhand goods dealer licenses for Capital Cash LLC, d/b/a Hy's Pawn, 6414 Nicollet Avenue South. II. BACKGROUND On October 29, 2003, the City received the renewal application and other required documents for pawnbroker and secondhand goods dealer licenses for Capital Cash LLC, d/b/a Hy's Pawn, 6414 Nicollet Avenue South. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: Jory Herman is 40% owner of the business and acts as chief executive officer; Michael Strauss is also 40% owner of the business and is the acting chief financial 1209 PH Hy's Pawn Renewal officer; Andy Strauss and Daniel Berdass are each 10% owners of the business. None of these individuals has any known criminal record. Michael Strauss and Jory Herman currently own Hy's Pawn & Jewelry, 1025 Currie Avenue North, Minneapolis, MN. Michael Strauss currently acts as president and chief financial ofi•icer of the establishment. A copy of the Articles of Incorporation has been provided and is on file with the City. A $1500 bond has not yet been submitted as of the date of this writing. There have been nine Public Safety contacts for this location in the past year. This compares to twelve contacts from the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints regarding this location in the past year. The owners of the business agree to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. The notice of public hearing was published in the Sun Current newspaper on November 27, 2003. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods dealer licensing, with the exception of the requirement fora $1500 bond. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • The $1500 bond must be submitted. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide to continue the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of a temporary license to allow the applicant to continue the pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. V. ATTACHMENTS • List of officers. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Jory Herman, Owner. • Michael Strauss, Owner. Capital Cash, LLC d/b/a Hy's Pawn Off_ Jory Herman Owner/Chief Executive Officer Michael Strauss .Owner/Chief Financial Officer Daniel Berdass Owner Andy Strauss Owner PUBLIC SAFETY CONTACTS October 2002 -September 2003 PLAZA PAWN TOTAL CONTACTS 2002 2003 12 g CRIMINAL CONTACTS 11 7 Incidents (see bottom of page for specifics) (3) (5) Alarm ($) (2) MISC. NON-CRIMINAL 1 2 Assists (~) (2) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2002 through September 2003 were: one suspicious activity, two burglary alarms, two theft, two follow-up investigation. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: Public Hearings AGENDA ITEM # 8A REPORT # 296 ~~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: d ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc., 7529 L ndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. IL BACKGROUND On November 18, 2003, the City received the renewal application and other required documents for pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: ,~ Mark Nichols is the owner of this establishment; James Thomas Blanche is the General manager; and John Alan Kunst is the acting Manager. None of these individuals has any known criminal record. 1209 PH Metro Pawn & GunRenewal Mr. Nichols also owns Nichols Electronics, 1511 South Fourth Street in Minneapolis, MN, and he and his wife own Metro Pawn and Jewelry, 8820 Lyndale Avenue, Bloomington, MN. A copy of the Articles of Incorporation has been provided and is on file with the City. The $1500 bond has not yet been submitted. There were 18 Public Safety contacts with Metro Pawn & Gun, Inc., from October 2002 through September 2003. This compares with 15 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff have received no complaints regarding Metro Pawn & Gun, Inc. The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. The notice of public hearing was published in the Sun Current newspaper on November 27, 2003. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods .dealer licensing, with the exception of providing their $1,500 bond. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • $1,500 Bond must be submitted. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to continue the hearing. However, if the hearing is ___ continued beyond January 1, 2004, the Council should consider the granting of a temporary license to allow the applicant to continue the pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. V. ATTACHMENTS • Breakdown of Public Safety contacts. • List of officers. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mark Nichols, Owner. • James Thomas Blanche, General Manager. Metro Pawn & Gun, Inc. Officers Mark Nichols Owner James Thomas Blanche General Manager John Alan Kunst Store Manager PUBLIC SAFETY CONTACTS October 2002 -September 2003 Metro Pawn & Gun, Inc. 2002 2003 TOTAL CONTACTS 15 18 CRIMINAL CONTACTS 14 16 Incidents (see bottom of page for specifics) (10) (14) Alarm (4) (2) MISC. NON-CRIMINAL 1 2 Assists (1) (0) Traffic (0) (1) Inspections/Licensing (0) (1) Medical/Fire (0) (0) The criminal contacts from October 2002 through September 2003 were: two burglary alarms, two found property, six follow up investigations, two suspicious persons, one other property, one delayed theft, one warrant arrest, and one assist other agency. (Numbers in parenthesis are included in total contact figures) J STAFF REPORT AGENDA SECTION:. public Hearin s AGENDA ITEM # ]IrI REPORT # 295 CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 on-sale wine and 3.2 percent malt liquor licenses for Subeck, Incorporated, d/b/a Ketsana's Thai Restaurant, 7545 Lyndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of on-sale wine and 3.2 percent malt liquor licenses for Subeck,. Incorporated, d/b/a Ketsana's Thai Restaurant, 7545 Lyndale Avenue South. II. BACKGROUND On November 21, 2003, the City received the renewal application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Subeck Incorporated,. d/b/a Ketsana's Thai Restaurant. The applicant has not paid all of the required license fees. The Public Safety background investigation has been completed and reveals the following: 1209 PH Ketsana's Liquor Renewal -- I The corporate structure of the organization remains unchanged. Scott Bechtel and Ketsana Bechtel are the owners of the establishment. Ketsana Bechtel continues to serve as the General Manager. Neither of these individuals has any known criminal history. The building and property continue to be owned by JSB Corporation, and the lease between the applicant and the landlord continues to be in effect with all payments current. All general real estate and withholding taxes have been paid and are current. The required proof of liquor liability insurance and proof of workers' compensation insurance has not yet been received. An accountant's statement has been prepared and submitted. This statement covers the period from October 2002 through September 2003 and indicates that food sales accounted for 98% of the sales, while 3.2 percent malt liquor and on-sale wine sales accounted for 2% of the total sales. There was one Public Safety contact with Ketsana's Thai Restaurant from October 2002 through September 2003. This compares with two contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff did not receive any complaints regarding Ketsana's during the past year. On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of an on-sale wine and 3.2 percent malt liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. In March and July 1999, Ketsana's Thai Restaurant was cited for the sale of alcohol to underage youth. For their first offense, they paid a $500 fine and had their license to sell alcohol suspended for two days. For the second offense, they paid a $1500 fine and had their license to sell alcohol suspended for five days. They have received no further violations. ~II. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and 3.2 percent malt liquor licensing, with the exception of the remaining license fees and proof of liquor liability and workers' compensation insurance coverage. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES • The requirements in Resolution No. 9204 must be met. • The remaining fees must be submitted. • Liquor liability and workers compensation must be submitted. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Scott and Ketsana Bechtel, Owners of the establishment Ketsana's Thai Restaurant Ketsana Bechtel Owner and Manager Scott Bechtel Owner PUBLIC SAFETY CONTACTS October 2002 -September 2003 Ketsana's Thai Restaurant TOTAL CONTACTS 2002 1 2003 2 CRIMINAL CONTACTS 1 1 Incidents (see bottom of page for specifics) (1) (1) Alarm (0) (0) MISC. NON-CRIMINAL 0 1 Assists (0) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contact from October 2002 through September 2003 was: one theft no pay (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: Public Hearings AGENDA ITEM # 7L REPORT # 29~+ J STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: S/GNATURE REVIEWED BY CITY MANAGER: ~ (~ ~h~' ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 on-sale wine and 3.2 percent malt liquor licenses for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of on-sale wine and 3.2 percent malt liquor licenses for Kiang's Red Pepper, lnc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street. II. BACKGROUND On November 7, 2003, the City received the renewal application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street. The applicant has .paid the required license fees. The Public Safety background investigation has been completed and reveals the following: 1209 PH Red Pepper Wine & Liquor Renewal The corporate structure of the organization remains unchanged: Ricky Kiang is serving as President, Vice-President, Secretary and Treasurer. Mr. Kiang continues to serve as the General Manager of the restaurant. Mr. Kiang has no known criminal record. All general real estate taxes, state sales and withholding taxes have been paid and are current. The lease between the applicant and the property owner, Carlson Real Estate Company continues to be in effect with all payments current. The required proof of liquor liability insurance and workers' compensation coverage has been received showing Truck Insurance Exchange as affording the required coverage. An accountant's statement has been prepared and submitted. This statement covers the period from October 2002 through September 2003 and indicates that food sales accounted for 99.01 % of the total sales, while 3.2 percent malt liquor and on-sale wine sales accounted for .99% of the total sales. There were no Public Safety contacts with Red Pepper from October 2002 through September 2003. This compares to four contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received one complaint in 2003 regarding Red Pepper concerning a food issue that was resolved immediately. On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of on-sale wine and 3.2 percent malt liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. Red Pepper has received no violations for the sale of alcohol to underage youth. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and 3.2 percent malt liquor licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES • The requirements in Resolution No. 9204 must be met. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has. been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers. • Breakdown of Public Safety Contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Ricky Kiang, Owner of the establishment. Kiang's Red Pepper Inc. Red Pepper Chinese Restaurant Directors and Officers Ricky Kiang President, Vice-President, Secretary and Treasurer PUBLIC SAFETY CONTACTS October 2002 through September 2003 Red Pepper Chinese Restaurant 2002 2003 TOTAL CONTACTS 4 0 CRIMINAL CONTACTS 3 0 Incidents (see bottom of page for specifics) (2) (0) Alarm (1) (0) MISC. NON-CRIMINAL 1 0 Assists (0) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (1) (0) There were no criminal contacts from October 2002 through September 2003. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: Public Hearings AGENDA ITEM # 7R REPORT # 293 STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 on-sale wine and 3.2 percent malt liquor licenses for Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of on-sale wine and 3.2 percent malt liquor licenses for Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue South. II. BACKGROUND On November 17, 2003, the City received the renewal application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Thompson's Fireside Pizza, Inc. d/b/a Fireside Pizza, 6736 Penn Avenue South. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: 1209 PH FiresidePizza Wine & Liquor Renewal The corporate structure of the organization remains unchanged: Richard Bruce Thompson continues to serve as President; Richard Orville Thompson serves as i/ice-President; and Michelle Thompson serves as Secretary and Treasurer. Richard Bruce Thompson continues to serve as General Manager of the restaurant. None of these individuals has any known criminal record. All general real estate taxes, state sales and withholding taxes have been paid and are current. Proof of liquor liability insurance and workers' compensation insurance, as of the date of this writing, have not yet been provided. An accountant's statement has been prepared and submitted. This statement covers the period October 2002 through September 2003 and indicates that food sales accounted for 92.8% of total sales, while alcohol sales accounted for 7.2%. There were three (3) Public Safety contacts with Thompson's Fireside Pizza, Inc. from October 2002 through September 2003. This compares with eight (8) contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints regarding Thompson's Fireside Pizza in 2003. On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9204; which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of on-sale wine and 3.2 percent malt liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. Thompson's Fireside Pizza has received no violations for the sale of alcohol to underage youth. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and 3.2 percent malt liquor licensing, with the exception of proof of liquor liability and workers' compensation coverage information. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES • Proof of liquor liability and workers compensation insurance must be submitted. • The requirements in Resolution No. 9204 must be met. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • -List of Officers • Breakdown of Public Safety contacts ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ Bruce and Michelle Thompson, Owners of the establishment Thompson's Fireside Pizza, Inc. Fireside Pizza Directors and Officers Richard B. Thompson Richard O. Thompson Michelle Thompson President Vice-President Secretary and Treasurer Richard B. Thompson General Manager PUBLIC SAFETY CONTACTS October 2002 through September 2003 Thompson's Fireside Pizza, Inc. TOTAL CONTACTS 2002 g 2003 3 CRIMINAL CONTACTS 5 3 Incidents (see bottom of page for specifics) (5) (3) Alarm (0) (0) MISC. NON-CRIMINAL 3 0 Assists (1) (0) Traffic (0) (0) Inspections/Licensing (1) (0) Medical/Fire (1) (0) The criminal contacts from October 2002 through September 2003 were: Two thefts and one follow-up investigation. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: Public Hearings AGENDA ITEM # ]~J REPORT # 292 .~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ,~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 club on-sale and Sunday liquor licenses for Minnea olis-Richfield American Le ion Post 435, 6501 Portland Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of club on-sale and Sunday liquor licenses for Minneapolis- Richfield American Legion Post 435, 6501 Portland Avenue South. ~ II. BACKGROUND On November 24, 2003, the City received the application and other required documents for the renewal of the club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue South. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: The structure of the organization has changed from last year: David Arnold now serves as Vice President; George Karnas continues to serve as President.; James Munson serves as Treasurer and Roger Wysong continues to serve as the Club 1209 Legion Liquor Renewal Manager. None of these individuals has any known criminal record. A current list of officers is attached. All general real estate and withholding taxes have been paid and are current. The property and building continue to be owned by the American Legion. The $10,000 bond will be submitted as soon as possible. The required proof of liquor liability insurance and workers' compenstion insurance had not yet been submitted. An accountant's statement has been prepared and submitted. This statement covers the period from October 2002 through September 2003 and indicates that food sales accounted for 25% of the total sales while liquor sales accounted for 75% of the total sales. There were 60 Public Safety contacts with the American Legion from October 2002 through September 2003. This compares with 53 contacts for the previous year. A breakdown of these contacts is attached to this report. There were no Environmental Health complaints received for the Mpls-Richfield American Legion Post #435 during this past year. Club on-sale and Sunday liquor licenses require owners of these establishments to comply with resolution No. 9204, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of a club on-sale and Sunday liquor license. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. In July 1999, the Richfield American Legion was cited for the sale of alcohol to underage youth. This was their first violation. They paid a $500 fine and had their license to sell alcohol suspended for two days. In April 2002, The Mpls-Richfield American Legion Post #435 was again cited for the sale of alcohol to underage youth. This was technically their second violation, but because more than two years had elapsed since the previous failure, it served as a first failure. They paid a $500 fine and had their license to sell alcohol suspended for two days. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to club on-sale and Sunday liquor licensing, with the exception of providing their $10,000 bond and proof of liquor liability and workers' compensation insurance coverage. Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES • Receipt of the $10,000 bond. • Receipt of liquor liability and workers' compensation must be submitted. • The requirements of Resolution No. 9204 must be met. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunityfor a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • American Legion club officer Mpls -Richfield American Legion George Karnas David Arnold James Munson President Vice-President Treasurer Roger Wysong Club Manager PUBLIC SAFETY CONTACTS October 2002 -September 2003 Mpls-Richfield American Legion 2002 2003 TOTAL CONTACTS 53 60 CRIMINAL CONTACTS 45 41 Incidents (see bottom of page for specifics) (28) (31) Alarm (17) (10) MISC. NON-CRIMINAL g ~g Assists (1) (3) Traffic (1) (4) Inspections/Licensing (1) (0) Medical/Fire (5) (12) The criminal contacts from October 2002 through September 2003 were: three suspicious vehicles, nine drunkenness, six disturbances, four delayed thefts, two suspicious persons, one trespassing, two suspicious activity, one order for protection, one vandalism, one driving while intoxicated and, one warrant arrest. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: public Hearings AGENDA ITEM # 7I REPORT # 291 ~~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, T/TLE COUNCIL PRESENTER: NAME TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ~• ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food and Drink, 6715 lake Shore Drive. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food and Drink, 6715 Lake Shore Drive. II. BACKGROUND On November 20, 2003, the City received the renewal application and other required documents for club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No.5555, Inc., d/b/a Four Nickels Food and Drink. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization has changed from the previous year: Howard Bunce now serves as Commander; Walter Fix as Chair of the House 1209 PH VFW Liquor Renewal Committee. The on-premise manager is Gin Ng. None of these individuals has any known criminal record. A current list of officers is attached. All general real estate and withholding taxes have been paid and are current. The property is owned by Gramarcy Park Cooperative. The $10,0000 bond issued by Old Republic Surety Company has been submitted. The required proof of liquor liability insurance coverage has been received showing Insurance Corp. of Hanover as affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. An accountant's statement has been submitted covering the period October 2002 through September 2003 and indicates that food sales accounted for 43% of the total sales, while alcohol accounted for 55% of the total sales. Miscellaneous sales accounted for 2%. There were ten Public Safety contacts with Fred Babcock V.F.W. Post No.5555 from October 2002 through September 2003. This compares with nine contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff have received no complaints regarding the V.F.W. in 2003. Club on-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines discipline they can expect if any ongoing problems occur. A copy has been given to the establishment. There are no distance requirements for notifying neighbors of the issuance or renewal of a club on-sale and Sunday liquor .license. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. In July 1999, Fred Babcock V.F.W. Post No. 5555 was cited for the sale of alcohol to underage youth. This was their first violation. They paid a $500 fine and had their license to sell alcohol suspended for two days. They were also cited in August 2000. This was their second violation. They paid a $1500 fine and had their license to sell alcohol suspended for five days. Fred Babcock V.F.W. Post No. 5555 received no violations in the years 2001, 2002 or 2003. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to club on-sale and Sunday liquor licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES • The requirements of Resolution No. 9204 must be met. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend. or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Gin Ng, Manager of establishment V.F.W. 2003 Post Officers Howard Bunce Walter Fix Commander Chair, House Committee Gin Ng On-premise Manager PUBLIC SAFETY CONTACTS October 2002 -September 2003 FRED BABCOCK V.F.VU. POST 5555 2002 2003 TOTAL CONTACTS 9 10 CRIMINAL CONTACTS 7 8 Incidents (see bottom of page for specifics) (7) (7) Alarm (0) (1) MISC. NON-CRIMINAL 2 2 Assists (0) (0) Traffic (0) (2) Inspections/Licensing (1) (0) Medical/Fire (1) (0) The criminal contacts from October 2002 through September 2003 were: one burglary alarm, two theft, one drunkenness, two disturbances, one suspicious persons and one burglary in progress. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 Public Hearings 7H z9o REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE REPORT PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~]C ~ ~ -~ SIGNATURE REVIEWED BY CITY MANAGER: Vd ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 on-sale intoxicating and Sunday liquor licenses for Taco Morelos II, Inc., 2 West 66th Street. I. RECOMMENDED ACTION: By Motion: Conduct and close the public hearing and by motion: Approve the renewal of on-sale intoxicating and Sunday liquor licenses for Taco Morelos II, Inc., 2 West 66th Street. II. BACKGROUND On November 21, 2003, the City received the renewal application and other required documents for the on-sale intoxicating and Sunday liquor licenses for Taco Morelos II, Inc. The applicant has paid the required licensing fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization has remained unchanged from last year's application: Gaspar Rey Perez is the President of the organization and Lucila Sanchez Perez serves as the Secretary. The on-premises manager is Gaspar Perez. Gaspar Perez's criminal history check revealed instances of activity 1209 PH Taco Morelos Liquor Renewal and were previously highlighted for the City Council when they approved the establishment's alcohol license in July 2002. Lucila Sanchez-Perez has no known criminal record. The property being leased by Taco Morelos II, Inc. is owned by Heritage Property I.T., Inc. The lease between the applicant and the landlord is in effect with all payments current. The $10,000 bond issued by Old Republic Surety has been submitted. The required proof of liquor liability insurance and workers' compensation coverage has not yet been received as of the date of this writing. An accountant's statement has been prepared and submitted. This statement covers the period from October 2002 through September 2003 and indicates that food sales accounted for 81 % of the total sales, while liquor sales accounted for 19% for the total sales. Environmental Health staff received one complaint for Taco Morelos in the past year. The complaint was regarding a vehicle in their parking lot area. They were notified of the issue and it was resolved. There were two Public Safety contacts with Taco Morelos in the past year. This compares with no contacts for the previous year. On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. Taco Morales failed an alcohol compliance check in May of 2003 and was fined $1,000 and had their alcohol license suspended for a period of five days. There are no distance requirements in which to notify neighbors of the issuance of on-sale intoxicating and Sunday liquor licenses for either the state or the City. The notice of public hearing was published in the Richfield Sun Current on November 27,-2003. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing, with the exception of proof of liquor liability insurance and workers' compensation coverage. B. CRITICAL ISSUES • The requirements. in Resolution No. 9204 must be met. • Proof of liquor liability and workers' compensation coverage must be submitted. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • List of Officers. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Gaspar Perez, Owner Taco Morelos Officers and Directors Gaspar Rey Perez President and on-premise manager Lucila Sanchez Perez Secretary PUBLIC SAFETY CONTACTS October 2002 -September 2003 Taco Morelos 2002 2003 TOTAL CONTACTS (0) (2) CRIMINAL CONTACTS (0) (2) Incidents (see bottom of page for specifics) (0) (2) Alarm (0) (0) MISC. NON-CRIMINAL (0) (0) Assists (0) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2002 through September 2003 were: one domestic and one miscellaneous City ordinance violation. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: Public Hearings AGENDA ITEM # 7G REPORT # 289 STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~~ ~~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 on-sale intoxicating and Sunday liquor licenses for The Ground Round Inc., d/b/a The Ground Round, 1500 East 78th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of on-sale intoxicating and Sunday liquor licenses for The Ground Round Inc., d/b/a The Ground Round, 1500 East 78th Street. II. BACKGROUND On ®ctober 23, 2003, the City received the renewal application and other required documents for the on-sale intoxicating and Sunday liquor licenses for the Ground Round Inc., d/b/a The Ground Round. The applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: - The corporate structure of the organization has stayed the same as last year: Thomas J. Russo serves as President; Warren Hutchins serves as Vice President and Secretary; and Brian Connell serves as Treasurer. Jerome Robert Eck serves 1209 PH Ground Round Liquor Renewal as the on premise manager. None of these individuals has any known criminal record. A current list of officers is attached. The lease between the applicant and the property owner, A.G. Bogen Company, is in effect with all payments current. The $10,000 bond issued by Western Surety Company has been submitted. The required proof of liquor liability insurance coverage has been received. Proof of workers' compensation insurance has not yet been submitted as of the date of this writing. A financial statement has been prepared and submitted. This statement covers the period from October 2002 through September 2003 and indicates that food sales accounted for 62% of the total sales, while liquor sales accounted for 38% of the total sales. There was 26 Public Safety contacts with The Ground Round from October 2002 through September 2003. This compares with 23 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints regarding The Ground Round in 2003. On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of an on-sale intoxicating and Sunday liquor license. The notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. In March 1999, The Ground Round was cited for the sale of alcohol to underage youth. This was their first violation. They paid a $500 fine and had their license to sell alcohol suspended for two days. They were not cited for the sale of alcohol to underage youth in the years 2000, 2001, 2002, and 2003. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has .complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing, with the exception of proof of workers' compensation coverage. Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES The requirements of Resolution No. 9204 must be met. Proof of workers' compensation coverage must be submitted. C. FINANCIAL N/A D. LEGAL N/A IV ALTERNATIVE RECOMMENDATION(S) ~ Continue the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. ~ V. ATTACHMENTS I List of Officers. Breakdown of Public Safety contacts. PRINCIPAL PARTIES EXPECTED AT MEETING The Ground Round staff. THE GROUND ROUND Officers and Directors Thomas Russo President Warren Hutchins Vice President & Secretary Brian Connell Treasurer Jerome Eck On-Premise Manager PUBLIC SAFETY CONTACTS October 2002 through September 2003 The Ground Round 2002 2003 TOTAL CONTACTS 23 26 CRIMINAL CONTACTS 16 18 Incidents (see bottom of page for specifics) (15) (16) Alarm (1) (2) MISC. NON-CRIMINAL 7 8 Assists (2) (2) Traffic (1) (1) Inspections/Licensing (2) (0) Medical/Fire (2) (5) The criminal contacts from October 2002 through September 2003 were: one drunkenness, one malicious mischief, one disorderly conduct, four suspicious activity, one warrant arrest, one disturbance, two alarms, two check forgery, three theft, one assault and one detox (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: public Hearings AGENDA ITEM # 7F REPORT # 2$$ ~' STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: 1~ `~~ 1 SIGNATURE REVIEWED BY CITY MANAGER: C~. ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 on-sale intoxicating and Sunday liquor licenses for Paisan Inc., d/b/a Khan's Mon olian Barbe ue, 500 East 78th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of on-sale intoxicating and Sunday liquor licenses for Paisan Inc., d/b/a Khan's Mongolian Barbeque, 500 East 78th Street. II. BACKGROUND On November 17, 2003, the City received the renewal application and other required documents for the on-sale intoxicating and Sunday liquor licenses for Paisan Inc., d/b/a Khan's Mongolian Barbeque. The applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization remains unchanged from last year. Mitchell Law and Sherri (Paisan) Law are sole owners of the restaurant. Mitchell 1209 PH Khans Liquor Renewal Law continues to serve as the General manger of the restaurant. Neither of these individuals has any known criminal record. The lease between the applicant and the property owner, Roy A. Bogen, is in effect with all payments current. All general sales, real estate and withholding taxes have been paid and are current. The $10,000 Bond, as of the date of this writing, has not been received. The required proof of liquor liability insurance and workers' compensation will be submitted as soon as possible. An accountant's statement has been prepared and submitted. This statement covers the period from October 2002 through September 2003 and indicates that food sales accounted for 94% of the total sales, while liquor sales accounted for 6% of the total sales. There were nine Public Safety contacts with Khan's from October 2002 through September 2003. This compares with twelve contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received one complaint this past year regarding Khan's Mongolian Barbeque regarding food issues. Khans and a representative from Bloomington Public Health met and the issue was resolved. On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements in which to notify neighbors of the issuance or renewal of on-sale and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. In July 1999, Khan's Mongolian Barbeque was cited for the sale of alcohol to underage youth. They paid a $500 fine and had their license to sell alcohol suspended for two days for their first violation. In July 2001, Khan's Mongolian Barbeque was cited for their second violation. Since this second violation occurred just two days prior to the two-year time frame established in resolution no. 8808, the owner of the establishment requested that the violation be considered a first violation with the agreement that the fees and suspension period remain that of a second violation. Council approved the request and Khan's Mongolian Barbeque _ received a $1500 fine and had their license to sell alcohol suspended for five days. Khan's Mongolian Barbeque received no violations in 2002 and 2003. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing, with the exception of proof of liquor liability and workers compensation insurance coverage and a $10,000 bond. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES • Proof of liquor liability insurance and workers' compensation must be submitted. • The $10,000 bond must be submitted. • The requirements of Resolution No. 9204 must be met. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing; however, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mitchell Law KHAN'S MONGOLIAN BARBEQUE Officer and Directors Mitchel Law President Sherri (Paisan) Law Vice President PUBLIC SAFETY CONTACTS October 2002 -September 2003 Khan's Mongolian Barbeque 2002 2003 TOTAL CONTACTS 12 9 CRIMINAL CONTACTS 11 6 Incidents (see bottom of page for specifics) (6) (2) Alarm (5) (4) MISC. NON-CRIMINAL 1 3 Assists (0) (3) Traffic (1) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2002 through September 2003 were one theft, one suspicious vehicle and four alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: public Hr~arings AGENDA ITEM # 7E REPORT # 287 ~~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxIUSTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: Q~ ~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of on-sale intoxicating and Sunday liquor licenses for 2004 for Champps Operating Corporation d/b/a Champps Restaurant, 790 West 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of on-sale intoxicating and Sunday liquor licenses for Champps Operating Corporation d/b/a Champps Restaurant, 790 West 66th Street. II. BACKGROUND On November 18, 2003, the City received the renewal application and other required documents for on-sale intoxicating and Sunday liquor licenses for Champps Operating Corporation d/b/a Champps Restaurant. The applicant has paid the required fees. 1209 PH Champps Liquor Renewal The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization has not changed from last year: William Baumhauer still serves as President and CEO; Donna Depoian serves as Vice- President and Secretary; and Frederick Dreibholz serves as Vice-President and Treasurer. Darren Thorson serves as the on-premise manager. None of these individuals has any known criminal record. A current list of officers is attached. All general sales, real estate and withholding taxes have been paid and are current. The lease between the applicant and the property owner, Market Plaza Commercial, LTD., is in effect with- all payments current. The $10,000 bond issued by National Fire Insurance Company of Hartford has been submitted. The required proof of liquor liability insurance coverage has been received showing Hartford Fire Insurance Company affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from October 2002 through September 2003 and indicates that food sales accounted for 69% of the total sales, while liquor sales accounted for 31 % of the total sales. There were 45 Public Safety contacts with Champps restaurant from October 2002 through September 2003. This compares with 30 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff did not receive any complaints during the past year regarding Champps. On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of an on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. In July 1999 and November 1999, Champps Restaurant was cited for the sale of alcohol to underage youth. They paid a $500 fine and had their license to sell alcohol suspended for two days for their first violation. For their second violation, they received a $1500 fine and had their license to sell alcohol suspended for five days. They did not receive any violations in the years 2000 or 2001. In April of 2002, Champps received a third violation for the sale of alcohol to underage youth. The City Council considered this their second violation rather than a third violation due to the fact that the alcohol discipline Resolution 8808 was rescinded after their violation and Resolution 9204 was in place at the time they appeared before the City Council. The licensee did, however, receive a fine of $1750 and had their license to sell alcohol suspended for ten days, as is the penalty for third time violators. III. BASIS OF RECOMMENDATION I A. POLICY The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing. Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. $. CRITICAL ISSUES The requirements of Resolution No. 9204 must be met. C. FINANCIAL N/A D. LEGAL N/A IV ALTERNATIVE RECOMMENDATION(S~ I Continue the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. ~ V. ATTACHMENTS I List of Officers. Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING I Champps staff Champps Operating Corporation Champps Restaurant Officers and Directors William Henry Baumhauer Donna Louise Depoian Frederick Jon Dreibholz President Vice-President & Secretary Vice-President & Treasurer Darren Thorson On-Premise Manager PUBLIC SAFETY CONTACTS October 2002 -September 2003 Champps Operating Corporation Champps Restaurant 2002 2003 TOTAL CONTACTS 30 45 CRIMINAL CONTACTS 24 30 Incidents (see bottom of page for specifics) (13) (26) Alarm (11) (4) MISC. NON-CRIMINAL 6 15 Assists (2) (4) Traffic (0) (5) Inspections/Licensing (2) (1) Medical/Fire (2) (5) The criminal contacts from October 2002 through September 2003 were: seven thefts, two assist other agencies, nine drunkenness, three disturbances, one trespassing, one suspicious person, one domestic, four burglary alarms, and two warrant arrests. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: public HEarin~s AGENDA ITEM # ]I) REPORT # 28fi STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: Q ~~ SIGNATURE REVIEWED BY CITY MANAGER: ~, ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 on-sale intoxicating and Sunday liquor licenses for Don Pablo's O eratin Cor oration d/b/a Don Pablo's, 980 West 78th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of on-sale intoxicating and Sunday liquor licenses for Don Pablo's Operating Corporation d/b/a Don Pablo's, 980 West 78th Street. II. BACKGROUND On November 17, 2003, the City received the renewal application and other required documents for the on-sale intoxicating and Sunday liquor licenses for Don Pablo's Operating Corporation d/b/a Don Pablo's. The applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization has remained unchanged from last year: Robert Andreottola serves as CEO; Margaret Waldrep serves as President and 1209 PH Don Pablo's Liquor Renewal Treasurer; and Percy Williams II serves as Vice-President and Secretary. Michael J. Olander is serving as the on-premise manager. None of these individuals has any known criminal record. A current list of officers is attached. All general sales, real estate and withholding taxes have been paid and are current. The lease between the applicant and the property owner, CSM Investors, Inc. is in effect with all payments current. The $10,000 bond issued by Great American Insurance Company has been submitted. The required proof of liquor liability insurance coverage has been received showing National Union Fire Insurance Company of Pittsburgh, PA, affording the required coverage. Proof of workers' compensation insurance coverage has been submitted but coverage is only good until February 1, 2004. They will be submitting further proof in the near future. An accountant's statement has not yet been submitted. There were 13 Public Safety contacts with Don Pablo's from October 2002 through September 2003. This compares with 21 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received one complaint regarding Don Pablo's during the past year. The complaint was regarding a rodent in the building. A Bloomington Sanitarian inspected Don Pablo's and found that on-going extermination was being done. No further complaints have been received. On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. In July 1999, Don Pablo's was cited for the sale of alcohol to underage youth. They paid a $500 fine and had their license to sell alcohol suspended for two days. They received a second violation in October 2000. They received a $1500 fine and had their license to sell alcohol suspended for five days. Don Pablo's has received no other violations since this time. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licenses, with the exception of proof of workers' compensation coverage and their accountant's statement. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES • The requirements of Resolution No. 9204 must be met. • Receipt of workers' compensation for 2004 must be submitted. • Accountant's statement must be submitted. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue -the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation. must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers • Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Don Pablo's staff Don Pablo's Operating Corporation Don Pablo's Officers and Directors Robert Andreottola Margaret Waldrep Percy Williams II CEO President and Treasurer Vice-President and Secretary Michael Olander On-Premise Manager PUBLIC SAFETY CONTACTS October 2002 -September 2003 Don Pablo's 2002 2003 TOTAL CONTACTS 21 13 CRIMINAL CONTACTS 18 11 Incidents (see bottom of page for specifics) (8) (7) Alarm (10) (4) MISC. NON-CRIMINAL 3 2 Assist (2) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (1) (2) The criminal contacts from October 2002 through September 2003 were: one theft, one vandalism, two drunkenness, one follow up investigation, one suspicious vehicle and one disturbance. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: public Hearings AGENDA ITEM # 7C REPORT # 285 J STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 on-sale intoxicating and Sunday liquor licenses, including the outside service of alcohol, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 L ndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of on-sale intoxicating and Sunday liquor licenses, including the outside service of alcohol, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lvndale Avenue South. II. BACKGROUND On November 18, 2003, the. City received the renewal application and other required documents for the on-sale intoxicating and Sunday liquor licenses for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar. The applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: 1209 PH Houlihans Liquor Renewal The corporate structure of the organization remains unchanged from the previous year. Lucius Fowler is the President of the organization. Joseph L. Martin serves as the Secretary and Treasurer. The on-premises manager is Kim Zeigler. None of these individuals has any known criminal record. A current list of officers is attached. The property being leased by Houlihan's Restaurant & Bar is owned by Richfield State Agency, Inc. The lease between the applicant and the landlord are in effect with all payments current. The $10,000 bond issued by Travelers Casualty and Surety Company of America has been submitted. A financial statement has been prepared and submitted. This statement covers the period from October 2002 through September 2003 and indicates that food sales accounted for 65.8% of the total sales, while liquor sales accounted for 34.2% of the total sales. The required proof of liquor liability insurance coverage has been received showing St. Paul Mercury Insurance Company as affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. The Environmental Health staff have received no complaints for Houlihan's Restaurant & Bar in 2003. There were 26 Public Safety contacts with Houlihan's Restaurant & Bar in 2003. This compares with 24 contacts for the previous year. A breakdown of these contacts is attached to this report. On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance of an on- sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. In July 2001, Houlihan's Restaurant & Bar was cited for the sale of alcohol to underage youth. This was their first violation. They paid a $500 fine and had their license to sell alcohol suspended for two days. Houlihan's Restaurant & Bar received no violations in 2002 and 2003. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing. • Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the licenses requested. B. CRITICAL ISSUES • The requirements in Resolution No. 9204 must be met. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should considerthegranting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Houlihans Staff Houlihan's Restaurant & Bar Officers Lucius Ludlow Fowler President Joseph L. Martin Secretary & Treasurer Kim Richard Zeigler On-Premises Manager PUBLIC SAFETY CONTACTS October 2002 through September 2003 Houlihan's Restaurant & Bar TOTAL CONTACTS 2002 24 2003 26 CRIMINAL CONTACTS 22 19 Incidents (see bottom of page for specifics) (17) (12) Alarm (5) (7) MISC. NON-CRIMINAL 2 7 Assists (1) (1) Traffic (p) (2) Inspections/Licensing (1) (0) Medical/Fire (0) (4) The criminal contacts from October 2002 through September 2003 were: two disturbances, four suspicious persons, five fire alarms, two alarm burglary, one bike theft, one juvenile incorrigibility, one suspicious vehicle, one drunkenness, and two threats. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: _ Public Hearings AGENDA ITEM # 7g REPORT # 284 ~~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: BETSY CHRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ,, J~,;, SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the 2004 renewal of on-sale intoxicating and Sunday liquor licenses for The Frenchmans, 1400 East 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of on-sale intoxicating and Sunday liquor licenses for The Frenchmans, 1400 East 66th Street. II. BACKGROUND On November 13, 2003, the City received a renewal application and other required documents for on-sale intoxicating and Sunday liquor licenses for The Frenchmans The applicant has paid the required license fees. The. Public Safety background investigation has been completed and reveals the following: Mary Christine Blake is the sole-owner of the establishment. She also serves as the General Manager of the restaurant. Ms. Blake has no known criminal record. 1209 PH Frenchmans Liquor Renewal The property is owned by Ms. Blake and is paid for in full All general real estate, state sales and withholding taxes have been paid and are current. The $10,000 bond has not yet been submitted. The required proof of liquor liability insurance coverage and worker's compensation coverage has not yet been submitted. An accountant's statement has not yet been submitted. There were 37 Public Safety contacts with The Frenchmans from October 2002 through September 2003. This compares with 24 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received one complaint in the last year regarding smoking in non-smoking areas. A Bloomington Sanitarian inspected Frenchman's and the violation was corrected. On-sale Intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. In July 1999, The Frenchmans was cited for the sale of alcohol to underage youth. They paid a $500 fine and had their license to sell alcohol suspended for two days. The Frenchmans have received no further violations. ~ III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing, with the exception of providing their $10,000 bond, proof of liquor liability and workers' compensation insurance coverage and an accountant's statement. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. B. CRITICAL ISSUES • The requirements in Resolution No. 9204 must be met. • The accountant's statement must be submitted. • A $10,000 bond must be submitted. • Liquor liability and workers' compensation must be submitted. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers • Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT 1VIEETING • Mary Blake, Owner of the establishment The ~renchmans Directors anc! Officers Mary Blake Owner and General Manager PUBLIC SAFETY CONTACTS October 2002 through September 2003 The Frenchmans 2002 2003 TOTAL CONTACTS 24 37 CRIMINAL CONTACTS 18 30 Incidents (see bottom of page for specifics) (14) 27 Alarm (4) 3 MISC. NON-CRIMINAL 6 7 Assists (1) (2) Traffic (1) (4) Inspections/Licensing (1) (0) Medical/Fire (3) (1) The criminal contacts from October 2002 through September 2003 were: four suspicious persons, one disorderly conduct, two noise complaint, one assault, seven disturbances, one follow up investigation, one business burglary delay, three theft delays, one miscellaneous City ordinance, one suspicious vehicle, two vandalism, three burglary alarms, one driving while intoxicated, one vehicle theft, and one threat. (Numbers in parenthesis are included in total contact figures) STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING DECEMBER 9, 2003 Public Hearings 7A 283 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: NAME, T/TLE DEPARTMENT DIRECTOR REVIEW: t.a SIGNATURE REVIEWED BY CITY MANAGER:. ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the renewal of 2004 on-sale intoxicating and Sunday liquor licenses for Chi-Chi's, Inc., d/b/a Chi-Chi's Mexican Restaurante, 7717 Nicollet Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of on-sale intoxicating and Sunday liquor licenses for Chi- Chi's, Inc., d/b/a Chi-Chi's Mexican Restaurante, 7717 Nicollet Avenue South. II. BACKGROUND On October 31, 2003, the City received the renewal application and other required documents for on-sale intoxicating and Sunday liquor licenses for Chi-Chi's, Inc., d/b/a Chi-Chi's Mexican Restaurante. The applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization has changed from last year: Anthony Baril serves as President and Treasurer; Stanley Harvey serves as Vice-President; and Christopher Seiber serves as Secretary. Michael Blecman continues to serve 1209 PH ChiChi's Liquor Renewal as the on-premise manager. None of these individuals has any known criminal record. A current list of officers is attached. All general sales and withholding taxes have been paid and are current. Real estate property taxes are delinquent as is a portion of the lease between the applicant and the property owner, Hik and Yau Lo. Public Safety staff has been notified that Chi Chi's has filed Chapter 11 bankruptcy and, due to that being in place prior to the renewal process, staff is unable to require them to pay these up to date. Staff is also not recommending denial of their on-sale intoxicating liquor license. The $10,000 bond issued by RLI Insurance Company of the State of California has been submitted. The required proof of liquor liability insurance coverage has been received showing Arch Specialty Insurance Company affording the required coverage. Proof of workers' compensation insurance coverage has not been supplied as of this writing. An accountant's statement has been prepared and submitted. This statement covers the period from October 2002 through September 2003 and indicates that food sales accounted for 57% of the total sales, while liquor sales accounted for 43% of the total sales. Public Safety had 71 contacts with Chi-Chi's from October 2002 through September 2003. This compares with 83 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received no complaints regarding Chi-Chi's in the past year. On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines discipline they can expect if any ongoing problems occur. A copy of this Resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 27, 2003. In April of 1999, Chi-Chi's was cited for the sale of alcohol to underage youth. They paid a $500 fine and had their license to sell alcohol suspended for two days. They were cited again in July 1999. They paid a $1500 fine and had their license to sell alcohol suspended for five days. Chi-Chi's received a third violation for the sale of alcohol to underage youth in August 2000. They paid a fine of $1750 and had their license to sell alcohol suspended for ten days. Chi-Chi's received no violations in the years 2001, 2002 or 2003. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licenses, with the exception of not having paid real estate taxes and lease rent. This is due to their filing of Chapter 11 bankruptcy, and the City is unable to require them to pay these in full at this time. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • The requirements of Resolution No. 9204 must be met. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the hearing. However, if the hearing is continued beyond January 1, 2004, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers Breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Chi-Chi's Staff Chi-Chi's, Inc. Chi-Chi's Mexican Restaurante Directors and Officers Anthony Baril Stanley Harvey Christopher Seiber President & Treasurer Vice-President Secretary Michael Blecman On-Premise Manager PUBLIC SAFETY CONTACTS October 2002 -September 2003 Chi-Chi's Mexican Restaurante 2002 2003 TOTAL CONTACTS 83 71 CRIMINAL CONTACTS 53 42 Incidents (see bottom of page for specifics) (50) (40) Alarm (3) (2) MISC. NON-CRIMINAL 30 29 Assists (5) (19) Traffic (1) (6) Inspections/Licensing (22) (0) Medical/Fire (2) (4) The criminal contacts from October 2002 through September 2003 were: three drunkeness, seven disturbances, one malicious mischief, three theft, eleven suspicious activity, two narcotics, three follow-ups, two detox commitment, two burglary alarms, one threat, one juvenile runaway, two assaults, one delayed robbery, one vandalism and two warrant arrests. Numbers in parenthesis are included in total contact figures) AGENDA SECTION: (;onsent AGENDA ITEM # 5G REPORT # 282 J STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STEVEN L. DEVICH, ADMII~TISTRATIVE SERVICES DIRECTOR N,9n~, TITLE ITEM FOR COUNCIL CONSIDERATION: Extension of contract with Hennepin County for access to property information system I. RECOMMENDED ACTION: By Motion: Authorize the extension of Contract No. A021020 with Hennepin County to allow continued access to the property information system for the period beginning January 1, 2004 and ending December 31, 2004. III. BACKGROUND ~ Since September 19, 1978 Hennepin County and the City have had a contractual agreement which provides the City with access to the County's real estate tax information. In November 1990, the City Council approved the purchase of the Hennepin County data terminal, software and printer when the County announced that it was getting out of the leasing business. After purchase of the equipment, the City entered into a contract with Hennepin County to provide continued access to County data with the City's owned equipment. The current contract provides the City with an extremely economical way to access Hennepin County real estate, municipal and district court data. The contract is not automatically renewable and must be renewed each year by the City and County. 120903Asses The City has now received information from Hennepin County announcing the fees for the contract year 2004 and is asking if the City is interested in renewing this contractual agreement. The Council action here would be to take advantage of the renewal III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield contracts with Hennepin County for assessing services. • The City and the County can share the same property information system with the appropriate agreement in place. B. CRITICAL ISSUES • The current contract with Hennepin County expires as of December 31, 2003. Action should be taken now to ensure that the service is maintained without interruption. • The contract is a necessary part of the City's ability to deliver property and court data to the public. C. FINANCIAL • The County has set the 2004 inquiry fees at the rate of $.0144 per transaction, which is $.0013 less than the rate charged in 2003. • The network support charge for 2004 will be $23 per month per workstation, which is the same rate as 2003. • The contract with Hennepin County is still a very economical way for the City to access and provide this data to the public. D. LEGAL • The City and County may enter into a legal contract for the provision of this service. IV. ALTERNATIVE RECOMMENDATION(S~ • The City could elect not to renew this contract with Hennepin County. However, if this contract were not renewed, the City would lose its on-line access to County properly tax and court records. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING AGENDA SECTION: Consent AGENDA ITEM # ~5 F REPORT # 28 ~ STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: JULIE URBAN, COMMUNITY DEVELOPMENT SPECIALIST NAME, Tlrce COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE 1 REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an amendment to an agreement with W.D. Schock Co., Inc. for property disposition services for the Airport Noise Acquisition Program. I. RECOMMENDED ACTION: By Motion: Authorize an amendment to an agreement with W.D. Schock Co., Inc. for property disposition services for the Airport Noise Acquisition Program. III. BACKGROUND I ^ On October 10, 2002 the City Council approved an agreement with W.D. Schock Co., Inc. to provide property disposition services for properties within the Airport. Noise Acquisition Program (ANAP) project area. ^ The original contract for $24,090 is nearing completion. ^ The original contract called for services related to the disposition of single family homes and one commercial building. ^ Additional services are needed to dispose of the apartment buildings. In addition, the extent of the demolition work has required a formal bid process, which also requires additional services. ^ W.D. Schock Co., Inc. proposes to complete the disposition work at a cost of $13,500. 120903schock III. BASIS OF RECOMMENDATION A. POLICY • In accordance with the City of Richfield's contract with the Metropolitan Airports Commission (MAC), the City is responsible for environmental mitigation and site clearance of properties purchased with the $10 million grant being provided by MAC. • Six houses, one commercial building, and four apartment buildings are ready for environmental abatement work and/or demolition to begin. Assistance with managing that work is required. B. CRITICAL ISSUES • The City does not have sufficient in-house staff or expertise to manage or conduct the process without outside assistance. • City staff is pleased with the services W.D. Schock Co., Inc. has provided to date. C. FINANCIAL • The contract will be paid for out of grant funds provided by MAC. • The cost of professional services relating to disposition of homes in the ANAP area is an eligible expense for the use of MAC grant funds. D. LEGAL • There are no significant legal issues.. IV. ALTERNATIVE RECOMMENDATION(S~ • Direct staff to solicit alternative proposals; however, this would likely result in a delay in the commencement and completion of demolition work. V. ATTACHMENTS • NA VI. PRINCIPAL PARTIES EXPECTED AT MEETING • NA AGENDA SECTION: Consent AGENDA ITEM # 5E REPORT # 280 STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ y~ / / l SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of Approval of Stipulation of Settlement between the City of Richfield and the Galyan's Trading Company, Inc. for damages awarded to Galyan's on Knox Avenue by a court-appointed condemnation commission as part of the 76th Street Widening Project. I. RECOMMENDED ACTION: By Motion: Approve the Stipulation of Settlement between the. City of Richfield and the Galyan's Trading Company, Inc. for damages awarded to Galyan's on Knox Avenue by acourt-appointed condemnation commission as part of the 76th Street Widening Project. III. BACKGROUND ( The Galyan's Trading Company, Inc. has agreed to an award for damages as the result of the city's reconstruction of Knox Avenue as part off the 76th Street Widening Project. The amount of the award is $32,625.23. Most of the award includes the rental of parking spaces for residents of Fountainhead Apartments when parking was limited at the apartments during the reconstruction of 76th Street. 1209Galyans III. BASIS OF RECOMMENDATION A. POLICY • The subject property was identified for permanent easements and temporary easements including the rental of parking spaces for the Widening of 76th Street from I-35W to Penn Avenue. • Right of way acquisition procedures set forth by the Minnesota Department of Transportation (MnDOT} and the Federal Highway Administration were followed. B. CRITICAL ISSUES • The City Attorney and staff have agreed to the settlement amount contingent on Council approval. The court-appointed commissioners have also met to make an award as approved in the settlement. Not approving the settlement would require appeal to the commissioner's award thereby continuing the condemnation process. C. FINANCIAL • Funding for the purchase of right of way on the 76th Street Widening project is through the use of Municipal State Aid Street funds (gas tax revenues). D. LEGAL • The City's legal counsel, Robert Lindall, has presented his findings and recommendation in his attached letter dated November 25, 2003. The Stipulation of Settlement is also attached. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may choose not to approve the proposed settlement, thus requiring an appeal of the award. However, this requires the City to continue with the condemnation process without much possibility of decreasing the City's expenses. V. ATTACHMENTS • November 25, 2003 letter from Robert Lindall • Stipulation of Settlement. • Map showing easements acquired on Parcel 16, Galyan's Trading Company. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. Ke n n ed y G r av en 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven. com November 25, 2003 Tom Foley Transportation Engineer City of Richfield 6700 Portland Avenue South Richfield, MN 55423 ROB ALL Attorney at Law Direct Dial (612) 337-9219 Rea] Property Law Specialist, Certified by Minnesota State Bar Assn. VIA FACSIMILE 861-9796 AND U.S. MAIL Re: City of Richfield v. The Church of St. Richard's of Richfield, et al. Hennepin County District Court File No. CD-2632 Parce116 - Galyan's Trading Company, Inc. -1700 West 78th Street, Richfield, MN Dear Tom: Enclosed herewith is a copy of the Stipulation of Settlement signed by an officer of Galyan's Trading Company, Inc., and its attorney, and by Samantha Orduno and me on behalf of the City. In it Galyan's agrees to issuance of an award of the court-appointed commissioners in the amount of payments previously received by Galyan's from the City plus a direct payment by the City to Galyan's of $1,490.23 (altogether totaling $32,625.23). On November 25, 2003, the court-appointed commissioners in this matter issued their award of damages with respect to Parcel 16 in the amount of $32,625.23 and awarded all damages to Galyan's Trading Company, Inc. The award was issued pursuant to the Stipulation of Settlement. The Stipulation is subject to City Council approval. The commissioners' award is consistent with the Stipulation. Please submit the proposed Stipulation to the City Council for approval. I recommend its approval. If the City Council does not approve the settlement, the theoretical alternative would be to recommend an appeal of the commissioners' award. However, since the commissioners' award was in the amount provided by the Stipulation, recommended by me and Jim Olson, and equal to the amount already paid, there would be no rational basis for appeal. Therefore, if the Council does not wish to approve the settlement, I will need direction as to whether I should be appealing. ILTL-240791v1 RC 145-448 Tom Foley Ltr - November 25, 2003 Page 2 Upon Council approval, please arrange for issuance of a check in the amount of $1490.23 payable to Galyan's Trading Company, Inc. and return it to me for transmittal to Galyan's attorney. Pursuant to the Stipulation, Galyan's has assigned to the City Galyan's interest in the amount previously deposited with the District Court Administrator by the City with respect to the easements obtained from Galyan's. I will be making a motion for disbursement of that amount to the City. It would be my intention to withhold the payment to Galyan's until after passage of the 40-day appeal period following filing of the commissioners' award. Please let me know if you have any questions. Very truly yo Robert J. dall RJL:peb Enclosure RJLr240791v1 RC 145-448 Case Type: Condemnation STATE OF MINNESOTA COUNTY OF HENNEPIN City of Richfield, a municipal corporation under Minnesota law, vs. Petitioner, The Church of St. Richard's of Richfield, et al. Respondents. PARCEL 16 THIS STIPULATION is made by and between Petitioner City of Richfield ("City"), and Respondent Galyan's Trading Company, Inc., an Indiana corporation ("Galyan's"). I. RECITALS 1.01. Galyan's is the lessee of the real estate located at 1700 West 78`" Street, Richfield, Minnesota ("Parcel 16" in this proceeding). 1.02. City commenced this proceeding to acquire the real estate interests necessary to enable it to improve and widen 76`" Street and Knox Avenue adjacent to Parcels 5 and 16 ("Project") by Petition -and Motion for an Order Authorizing Transfer of Title and Possession pursuant to Minn. Stat. § 117.042, which was filed in the office of~the District Court Administrator for Hennepin County, Minnesota, on March 29, 2001. 1.03. City filed its First Amended Petition and Motion for an Order Authorizing Transfer of Title and Possession pursuant to Minn. Stat. § 117.042 in the office of the District Court Administrator on June 15, 2001, and modified its description of the easements to be acquired herein with respect to Parcel 16 to include a parking easement containing 36,200 square feet for the DISTRICT COURT FOURTH JUDICIAL DISTRICT File No. CD-2632 STIPULATION OF SETTLEMENT RJL-238~36v1 1 RC14~-448 benefit of Parcel 5 commencing July 1, 2001, and to expire December 31, 2002, unless previously released by the City ("Parking Easement"). 1.04. Findings of Fact, Conclusions of Law and Order Appointing Commissioners based upon the easements acquired from Parcel 16 described in First Amended Exhibit A attached hereto ("Easements") were filed in the office of the District Court Administrator on July 2, 2001. 1.05. Findings of Fact, Conclusions of Law and Order Transferring Title and Possession based upon the Easements described in First Amended Exhibit A attached hereto were filed in the office of the District Court Administrator on June 29, 2001. 1.06. The City's approved appraisal of value with respect to Parcel 16 in the amount of $1,490.23 was deposited in the office of the District Court Administrator on June 29, 2001, thereby transferring title and right to possession of the Easements described in First Amended Exhibit A attached hereto to Petitioner on that date. 1.07. Notice of Filing Order Appointing Commissioners with respect to Farcel 16 was filed in the office of the District Court Administrator on July 6, 2001. 1.08. Notice of Filing Order Transferring Title and Possession with respect to Parcel 16 was filed in the office of the District Court Administrator on July 6, 2001. 1.09. Counsel for City served notice of the June 29, 2001 deposit with the District Court Administrator upon the parties served herein with respect to Parcel 16 pursuant to Notice of Deposit filed in the office of the District Court Administrator on July 6, 2001. 1.10. Amended Findings of Fact, Conclusions of Law and Order. Appointing Commissioners with respect to Parcel 16 was filed in the office of the District Court Administrator on July 18, 2001. RJL-238536v1 2 RC 145-448 1.11. Amended Findings of Fact, Conclusions of Law and Order Transferring Title and Possession with respect to Parcel 16 was filed in the office of the District Court Administrator on July 17, 2001. 1.12. An Order Extending Commissioners' Appointment to July 1, 2002, was filed in the office of the District Court Administrator on or about January 1 1, 2002. 1.13. On or about June 30, 2001, City and Galyan's agreed that the Parking Easement contains approximately 70 parking stalls, that the City needed use of the Parking Easement for only 90 days beginning on the day the City authorized the contractor to proceed with work on the Project and that the City would compensate Galyan's for use of the Parking Easement at a rate of $2.50 per parking stall per day during said 90-day period. 1.14. On October 9, 2001, City paid Galyan's $20,030 which consisted of $3,310 for use of the Parking Easement during a portion of the month of July, 2001, $5,400 for use of the Parking Easement in the month of August, 2001, $5,400 for use of the Parking Easement in the month of September, 2001, $5,400 for use of the Parking Easement in the month of October, 2001, and $520 as reimbursement for. extraordinary lighting costs incurred by Galyan's to light the Parking Easement, at the rate of $5.00 per day for 104 days beginning July 20, 2001, and continuing through October 31, 2001. 1.15. On January ?, 2002, City paid Galyan's $11,1 OS which included $5,400 as payment for use of the Parking Easement in the month of November, 2001, $5,400 for use of the Parking Easement in the month of December, 2001, and $305 as reimbursement for extraordinary lighting costs incurred by Galyan's to light the Parking Easement for 61 days at the rate of $5.00 per day in the months of November and December, 2001. RJL-23S536v1 ~ RC14>-448 II. AGREEMENT NOW, THEREFORE, in consideration of the premises and their respective promises, the parties hereto hereby agree as follows: 2.01. The foregoing recitals are incorporated into this Agreement. 2.02. The parties agree that the amounts already paid by City to Galyan's, together with a direct payment by City to Galyan's of $1,490.23 ("Direct Payment") satisfy any and all claims of Galyan's in the above matter resulting from the taking by the City herein of the Easements for the Project and any other claims of Galyan's relating to the Project, including but not limited to, amounts due and owing for just compensation, interest and costs and disbursements, including appraisal and attorneys fees. To implement this settlement, the parties stipulate that the Court- Appointed Condemnation Commissioners shall enter an award in the gross amount of $32,625.23 ("Settlement Amount") which is the aggregate of the amounts previously paid by City to Galyan's plus the Direct Payment, which award, in the form attached hereto and incorporated herein as Exhibit B, shall name Galyan's as the Respondent entitled to all damages awarded by the commissioners and shall provide that all other respondents shall receive $0 with respect to Parcel 16. 2.03. Provided: (a) that the condemnation commissioners make an award with respect to Parcel 16 in the amount of the Settlement Amount which is payable to Galyan's only; and (b) that no respondent appeals the award of commissioners, the City shall make the payment to Galyan's and to any other respondents that may be named by the commissioners as beneficiaries of the award within fifteen (15) days after the expiration of the period of appeal from the award. In the event that the award with respect to Parcel 16 is other than the Settlement Amount, or the commissioners RJL-23S~36v I 4 RC 145-448 . ti name other respondents as jointly being entitled to payment of the Settlement Amount, or Galyan's or other respondents appeal the commissioners' award, the City may appeal such award and may also elect to not make the Direct Payment as provided above. 2.04. When the City has made payment of the Direct Payment to Galyan's, the City shall be entitled to obtain an ex parte order of the Court which directs the court administrator to disburse to the City all funds on deposit with the Court in this matter with respect to Parcel 16, including interest accrued thereon. 2.05. The parties each waive any and all rights to any further notices, viewings, or hearings regarding the present action. The parties also waive their rights to appeal from the filing of the award of commissioners with respect to Parcel 16, unless the commissioners' award is other than the Settlement Amount or any party appeals the commissioners' award claiming they are entitled to a portion of the Settlement Amount. 2.06. Notwithstanding any other provision of this Agreement, unless waived in writing by the City, this Agreement is contingent upon: (a) approval of the Richfield City Council; and (b) issuance of a commissioners award with respect to Parcel 16 consistent with the provisions of this Agreement. RJL-238536v1 RC 145-448 5 RESPONDENTS GALYAN' S COMPANY, INC. By. Its: ,. .~~ ~ Dated~E~~e~ 2003 ICE MILLER One American Square Box 82001 Indianapolis, IN 46282-0002 1-317-236-2467 B Michael Lewinski; ATTORNEYS FOR RESPONDENT GALYAN'S TRADING COMPANY, INC. `~`r~`lrn~Ci'/~ Dated: , 2003 PETITIONER CITY OF RICHFIELD r""5 ~..~ `v4t , ~~ ,~ Sarrian ~duno, it anager _. ~'o~ens ~ ~.~" Dated: C3e~e~ier , 2003 KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 Telephon • (612) 337-9219 By: Robert J. Li~[d 11 X83277) ATTORNEYS FOR PETITIONER CITY OF RICHFIELD ~'o/*-+~ bo,- zy Dated: 9stol~r~r , 2003 RJL-238~36v1 6 RC 14~-448 FIRST AMENDED EXHIBIT A PARCEL 16: P.I.N.: 33-028-24-34-0012 (Registered Property pursuant to Certificate of Title No.1036305) PROPERTY ADDRESS: 1700 78th Street West DESCRIPTION OF PROPERTY TO BE ENCUMBERED: Tract A of Registered Land Survey No. 1037 in the Southeast Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. DESCRIPTION OF EASEMENTS TO BE ACQUIRED: 1. A temporary construction easement for roadway and utility purposes over, under and across the West 5.00 feet of the North 473.24 feet of Tract A of Registered Land Survey No. 1037. Said temporary easement contains 2366 square feet more or less Said temporary easement shall commence July 1, 2001 and shall expire December 31, 2002. 2. A temporary easement for construction purposes over and across the east 5.00 feet of the west 15.00 feet of the Subject Property lying north of the south 835.00 feet thereof. 3. A temporary easement for parking and access purposes over, under, and across the North 75 feet of the East 200 feet of the West 450 feet of the above described Tract A. 4. A temporary easement for parking and access purposes over, under, and across the North 55 feet of the East 180 feet of the West 250 feet of the above described Tract A. 5. A. temporary easement for parking and access purposes over, under, and across the North 160 feet of the West 70 feet of the above described Tract A. Said temporary easements contain 36,200 square feet more or less. Said temporary easements shall commence upon written notice from the City of Richfield effective at any time on or after July 1, 2001 and shall expire December 31, 2002 unless previously released by the City of Richfield. Together with all hereditaments and appurtenances belonging thereto. Said Parking Easement shall be for the benefit of the real estate which is described as Parcel No. 5 in this First Amended Exhibit A. Access will be provided between Parcel 16 and adjacent public streets at substantially all times throughout the term of the above temporary easements. RJL-238536v 1 A-1 RC14i-44S Description of Parties Known or Thought to Have an Interest in Said Property Name Nature of A arent Interest CP Gal Ritchfield LLC, a Delaware limited Fee Owner liability com any GMAC Commercial Mortgage Corporation, a Mortgage and Assignment of Leases and Rents California co oration Galyan's Trading Company, Inc., an Indiana Tenant corporation All other parties unknown, together with Any right, title or interest in the Subject unknown heirs or devisees ands oases, if any Pro erty Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber- all interests owned by the named respondents in the above-described real estate. RJL-238536v1 A-2 RC 145-448 a 0 0 0 s 0 0 H }- '\ = W ~ I- ° (n ~~ Z~ oa wz U ~ zo wm -. ^ wa M wi-- ti eo ~ O w z OO OOc~ ZLL H ~~ J~ ~ a ~~ ~ Q ~ Q ~ ~ ~ ~ ~~ ~~ ~^~ V ~~ ~ w O U ~ I- C~ D Z W H (n F- O H O X ~ W ~ ~, ~n ~i~fdM ~0 ~Oa3 ---~ z ° ~ L b~--- -., --~- ..~..,. r~- Mm, , ~nN~nd xoN~ ~- w w w ~ ~ N N O 2 ~ O ~- J Q' • W W M cn N ~ v to I.L N W O 2 00 ~ O U N D ~ ~ O D ~ rn Q rn >- ~- •. W Z a. O ~--+ d ~ - ° .~ s _ ~ o $ J • V ~O 2 .. a W U r ., F z 4' w ~ D N N t0 W M Z O N F- 11 ~ ~ z z z ~ z ~ W ~ z w W 3 0 3 v a J \ U \ W W 2 ¢ m } } z a w° o a ~ o o ~- o a a z a X W 5 O W W 1-~ a a F- m '• ' O a I I ~00 ° 5 ~. W .~-. ~,~= O •~NS W M = W •. O F• a ~~~ s ~ ~-° O ~' a v ~ „'^„ ooz7~ W ~ u6s'ta~ V S W $ 6 i W Ili =~Y AGENDA SECTION: consent AGENDA ITEM # 5D REPORT # Z79 STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: CORRINE H. THOMSON, CITY ATTORNEY NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the Amendment to Subordination and Attornment Agreement with Wells Fargo Bank, National Association. I. RECOMMENDED ACTION: By Motion: Approve the Amendment to Subordination and Attornment Agreement with Wells Fargo Bank, National Association and authorize the Mayor and City Manager to execute and deliver the same to Wells Farao Bank. III. BACKGROUND In June 1999, the City entered into a lease agreement with Academy of the Holy Angels for the use of the ball fields on the Academy's property. The lease contained a provision that required the lease to be subordinated to any mortgage of the Academy's property. In March 2003, the Academy secured a mortgage in order to assist in financing significant improvements to the Academy's property. At the same time, the City entered into a Subordination and AttornmentAgreement with the mortgagee, Wells Fargo Bank, by which the City subordinated its lease to the .mortgage. The Academy proposes to increase the amount of the mortgage, and Wells Fargo \ Bank requires that the original subordination agreement be amended, so that the lease will be subordinate to the amended mortgage. III. BASIS OF RECOMMENDATION A. POLICY • The City is required by the 1999 lease agreement to subordinate the lease to any mortgage of the Academy's property. • Approving the subordination agreement will facilitate the Academy's financing of major improvements to its campus. B. CRITICAL ISSUES • The City is required by the 1999 lease agreement to subordinate the lease to the proposed amended mortgage. C. FINANCIAL • There are no immediate financial impacts to the City from the subordination. D. LEGAL • The legal effect of the proposed agreement is to give the bank priority over the City's leasehold interest so that, if the bank ever foreclosed the mortgage on the Academy's property, the bank would not be obliged to honor the lease. However, that was an anticipated and negotiated aspect of the lease. • The City is required by the lease to subordinate the lease to the Academy's mortgage. • The City Attorney has reviewed the proposed Amendment to Subordination and Attornment Agreement. IV. ALTERNATIVE RECOMMENDATION~S~ • There is no alternative recommendation. V. ATTACHMENTS • Amendment to Subordination and Attornment Agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING. • None. AMENDMENT TO SUBORDINATION AND ATTORNMENT AGREEMENT THIS AMENDMENT TO SUBORDINATION AND ATTORNMENT AGREEMENT ("Amendment") is made as of December 12, 2003, by and between The City of Richfield, a Minnesota municipal corporation ("Tenant"), and Wells Fargo Bank, National Association, a national banking association ("Lender"). Recitals A. In connection with a loan from Lender to Academy of Holy Angels, a Minnesota non-profit corporation ("Borrower"), in the principal amount of $11,840,000.00 ("Loan"), Lender and Tenant entered in to a Subordination and Attornment Agreement ("Subordination Agreement") dated March 26, 2003, subordinating Tenant's leasehold interest in the real property described on Exhibit I attached hereto and incorporated herein ("Premises") under a Lease dated June 15, 1999, made by Borrower, as landlord, and Tenant (the "Lease"), which was recorded in the office of the Hennepin County, Minnesota, Recorder as Document No. 7307374 to an Amended and Restated Mortgage and Assignment of Rents and Security Agreement and Fixture Financing Statement ("Mortgage") from Borrower to Lender covering the Premises, and other property. The Mortgage was recorded in the office of the Hennepin County, Minnesota, Recorder, as Document No. The Subordination and Attornment Agreement was recorded in the office of the Hennepin. County, Minnesota, Recorder, as Document No. B. Borrower has requested that Lender make an additional loan for the benefit of Borrower in the maximum principal amount of $1,460,000.00 ("Additional Loan"), and in connection with the making of the Additional Loan ,Borrower and Lender will be amending the Mortgage to provide that it also secures payment of the Additional Loan. C. As a condition precedent to making the Additional Loan, Lender has required that Tenant subordinate its interest in the Lease and the Premises in all respects to the lien of the Mortgage, as amended. D. The Lease obligates Tenant to subordinate its interest in the Lease and the Premises to the lien of the Mortgage, as amended. E. Lender is making the Additional Loan in reliance upon this Amendment. NOW, THEREFORE, in consideration of the Recitals and the covenants contained herein, the parties hereto agree as follows: The Recitals are incorporated into and made a part of this Amendment. 2. Capitalized terms not otherwise defined herein have the meanings given them in the Subordination Agreement. 3. Tenant agrees that the Lease is subordinate to the Mortgage, as amended, on all of the terms and conditions contained in the Subordination Agreement. Without limiting the generality of the foregoing, Tenant acknowledges that the Lease is subordinate to a Mortgage which secures indebtedness in the maximum principal amount of $13,300,000.00. 4. This Amendment and the Subordination Agreement shall be construed so as to avoid conflicts between their respective terms. However, in the event of any conflict, the terms of this Amendment shall control. As amended by this Amendment, the Subordination Agreement is hereby ratified and affirmed. [Remainder of page intentionally left blank] Signature Page to Amendment to Subordination and Attornment Agreement IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed as of the date first above written. CITY OF RICHFIELD By: Its: Mayor By: Its: City Manager WELLS FARGO BANK, NATIONAL ASSOCIATION By: James Boerjan Its: Commercial Banking Officer STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was. acknowledged before me on December , 2003, by ,the Mayor of THE CITY OF RICHFIELD, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on December , 2003, by the City Manager of THE CITY OF RICHFIELD, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on December , 2003 by James Boerjan, a Commercial Banking Officer of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, on behalf of the association. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gray, Plant, Mooty, - Mooty & Bennett, P.A. (JDG) 500 IDS Center 80 South Eighth Street Minneapolis, MN 55402 612/632-3000 EXHIBIT I Legal Description of Premises The West %2 of the North 1/2 of the South %2 of the Northeast '/4 of the Southwest 1/a, except the Railroad right-of--way and the West 32.88 feet of that part of the East'/2 of the North %z of the South %2 of the Northeast %4 of the Southwest'/4 of Section 27, Township 28, Range 24, Hennepin County, Minnesota. GP:1524918 vl AGENDA SECTION: Gonsent AGENDA ITEM # ~G REPORT # 278 STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: STEVEN L. DEVICH ADMINISTRATIVE SERVICES DIRECTOR N.4lYIE, TITLE COUNCIL PRESENTER DEPARTMENT DIlZECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of Workers' Compensation claim settlement. I. RECOMMENDED ACTION: By Motion: Approve the Stipulation For Settlement and Settlement A reement and Release for workers' compensation claim. II. BACKGROUND On July 28, 1980 the claimant was hired by the City to work as a Public Works Worker. On August 28, 2000 he was promoted to Maintenance Supervisor. The employee claimed work-related injuries were sustained on June 4, 1999. As a result of these injuries, the employee was unable to continue to perform the duties and responsibilities of the position and subsequently, voluntarily resigned from his position as part of the settlement agreement on November 13, 2003. A stipulation for settlement has been negotiated between representatives of the City and the employee. The settlement provides fora $45,000 lump sum payment to the employee, f less attorneys' fees of $9,100. In addition, the City will reimburse the employee's attorneys $918.57 for its taxable costs and pay up to a maximum of an additional $5,150 in existing claims by medical providers. The payments outlined above represent a total settlement pay out of up to $51,068.57. As part of the settlement, future medical treatment expense related to employee's 1999-work injury remains open. This stipulation represents the full, 12092003 WC Settlement L~ ~. final and complete settlement of all claims related to the claimed occupational injury excluding future medical expenses. The settlement also represents a complete release of any potential employment-related claims regarding the City. Pursuant to the stipulation and state law, the employee has a rescission period for this settlement agreement and release. Upon the conclusion of the rescission period and approval by the workers' compensation judge, the terms of the agreement will be final. III. BASIS OF RECOMMENDATION A. POLICY • This settlement fairly represents the interests of both the former employee and the City. B. CRITICAL ISSUES • .City staff and legal counsel consider this settlement to be reasonable and recommend accepting it. • This item has been scheduled for December 9 so that this claim may be concluded as soon as practical. C. FINANCIAL • The payments agreed to in this settlement would be paid from the Self-Insurance Fund. • The settlement includes $45,000 in payments to the employee and the employee's attorney; a maximum of $5,150 for existing claims; $1,146.36 to employee for out of pocket medical and mileage expenses; and $918.57 for taxable costs. D. LEGAL • The settlement avoids the additional time, expense and ill will of pursuing this matter in litigation or continuing negotiations on this claim. The settlement is subject to employee's rescission period pursuant to the stipulation. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could disapprove this settlement package, however, it is doubtful that either the former employee or the City's best interest would be heightened by protracting negotiations further or pursuing litigation. V: ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING r DECEMBER 9, 2003 Consent 5B 277 REPORT PREPARED BY: COUNCIL PRESENTER: BRUCE SYLVESTER, ZONING ADMINISTRATOR NAME, TITLI DEPARTMENT DIRECTOR REVIEW: / SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to extend a Conditional Use Permit for construction of a seven-unit townhouse development at 6833 and 6855 Penn Avenue. RECOMMENDED ACTION: By Motion: Approve the requested extension for a Conditional Use Permit until January 14, 2005 to allow the construction of a seven-unit townhouse development at 6833 and 6855 Penn Avenue.. ~ II. BACKGROUND On January 14, 2003 the City Council granted a Conditional Use Permit (CUP) to Mr. David Gepner to allow construction of a seven-unit townhouse development at 6833 and 6855 Penn Avenue. Construction of the townhouse project has not commenced and the CUP granted for the project will expire on January 14, 2004, one year after it was issued. Richfield Zoning Code Section 546.05, Subdivision 8 states "a conditional use permit shall expire one year after it has been issued unless... upon written request of the person... holding the CUP, the Council extends the expiration date for an additional period not to exceed one year." Mr. Gepner has submitted a written request asking that the expiration date for the CUP be extended. Staff recommends that the extension be granted until January 14, 2005. 120903-Extend CUP III. BASIS OF RECOMMENDATION A. POLICY • Richfield Zoning Code Section 546.05, Subdivision 8 allows CUPs to be extended for up to one year at the request of the permit holder. • Public review at both the Planning Commission and City Council occurred in late 2002 and early 2003 for this project. The requested extension will simply allow the developer more time to begin construction on the townhouses. B. CRITICAL ISSUES • Mr. David Gepner, the permit holder, has stated that the project is proceeding and that the extension will allow him to complete construction of the proposed townhouses. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the requested extension, although this action would prevent the project from being completed. V. ATTACHMENTS • Letter dated November 11, 2003 from Mr. David Gepner requesting an extension • Copy of Richfield Zoning Code Section 546.05 Subdivision 8. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. David Gepner, applicant. i i; 1?.i '7Q3 .:4:. AP? FRt~?: till-3~i-Sf#~ 3'v: c12~-8ti1-697a FH(i~: ~J~ vF' D6 Penn Ptace To~nrnhouses, Li<C Suite B 5407 Excelsior Stud Minneapolis, 1tAn 55416 Novemtaer 11, 2QQ3 Sruee Sytvester Ci#y of Riehfietd 670E} Portland AVe Richfield, Mn 55423 Bruce, The one year CUP for the duster home development a# 6f~'~ ~ Penn expires on 1 /1 ~/~$_ AS #ha# ~?rQjeC#, a~~ll£~Ut~t1 i,~el~~ted, iS atilt Very t'nuCti ~tiVL i# ttl re(~Ulre an extension of the CUP. 1~ould you Please begin that extension process. Thank you, .~~zfru~ ~~ett~~e 546.05. Conditional use permits. Subd. 8. Expiration of CUP. A conditional use permit shall expire one year after it has been issued unless: a) the use for which the permit was granted has commenced within the one year period; or b) upon written request of the person or corporation holding the CUP, the Council extends the expiration date for an additional period not to exceed one year. AGENDA SECTION: Consent AGENDA ITEM # SA REPORT # 276 J STAFF REPORT CITY COUNCIL MEETING DECEMBER 9, 2003 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER Na,~ TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution awarding the sale of $3,520,000 General Obligation Taxable Tax Increment Bonds, Series 2003C. I. RECOMMENDED ACTION: By Motion: Approval of the attached resolution awarding the sale of $3,520,000 General Obligation Taxable Tax Increment Bonds, Series 2003C; fixing their form and specifications; directing their execution and delivery; and providing for their payment. II. BACKGROUND • On April 22, 2003, the City Council adopted a resolution providing for the sale of General Obligation Tax Increment Bonds, Series 2003, (G.O. TIF Bond) to provide net proceeds of approximately $6,000,000, to help provide funding for eligible redevelopment costs associated with the Kensington Park Project. • In August 2003, the City Council approved the issuance of $4,840,000 of Taxable G.O. Temporary Tax Increment Bonds, Series 2003A. The lesser issuance amount in August was due to the developers' private financing not being available at the time due to their not fulfilling pre-sales requirements. The issuance of a lesser amount provided advance site assembly funds on an interim basis until private financing could be obtained. 1209cornerstone • It was planned at the time of the initial issuance that permanent, long term financing through a second bond issue would occur when the development met pre-sale goals of housing units and private development financing was secured. • The developer has reached its pre-sales goals and it is anticipated that they hope to receive their private construction financing prior to December 10, 2003. • The City will not make any bond sale proceeds available to the developer until the private financing is in place. • Bids on the G.O Taxable Tax Increment Bonds are due in the offices of Ehlers & Associates, Inc. on December 9, 2003. A representative from Ehlers & Associates, Inc. will be at the City Council meeting to recommend the successful bidder and review attached documents, and provide information that is absent from the resolution and available only after the bidding on the certificates has closed. • Following Ehlers & Associates, Inc. recommendation it would be appropriate for the City Council to award the bond sale to the qualified buyer and undertake other related actions as necessary as delineated in the approving resolution. The estimated closing on the bonds is scheduled for December 30, 2003. III. BASIS OF RECOMMENDATION A. POLICY • The City Council approved the call for sale of the General Obligation Taxable Tax Increment Bonds, Series 2003C at the October 28, 2003 City Council meeting. B. CRITICAL ISSUES • N/A C. FINANCIAL • This issuance would provide $3,100,000 in net proceeds. The proceeds would then be used to buy down a portion of the Series 2003A temporary bonds issued in August to a total of $3,000,000, pay back to the HRA, funds advanced to the developer for site acquisition costs in the amount of $750,000 and make a final payment to the developer of $690,776 for eligible redevelopment costs. • The total par amount of bonds outstanding will be $6,520,000. The total net proceeds paid to the developer according to the development agreement would then be $6,100,000. • The funding for debt service on the bonds will be tax increment generated by the development. D. LEGAL • Legal counsel has been involved in the bond sale transaction as bond. counsel to the City. IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council may decide to not proceed with the award of sale for the bonds or delay action until a future City Council meeting. However, both of these alternatives would jeopardize the Kensington Park project and could result in legal actions against the City by the developer. V. ATTACHMENTS • Resolution Awarding the Sale of $3,520,000 General Obligation Taxable Tax Increment Bonds, Series 2003C; fixing their form and specifications; directing their execution and delivery; and providing for their payment. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • A representative from, Ehlers & Associates, Inc. RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF APPROXIMATELY $3,520,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2003C; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Richfield, Hennedpin County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. It is hereby determined that: (a) the City and the Housing and Redevelopment Authority in and for the City of Richfield (Authority) previously established the Richfield Redevelopment Project Area (Project Area) pursuant to Minnesota Statutes, Sections 469.001 through 469.047 (Act); (b) the City has duly established Lyndale Gateway West Tax Increment Financing District (TIF District) within the Project Area pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (TIF Act); (c) the City is authorized by section 469.178 of the TIF Act to issue and sell its general obligations to pay all or a portion of the public redevelopment costs (Costs) related to the Project Area as identified in the plan (Plan) for the TIF District. (d) the City has previously issued its $4,840,000 Taxable General Obligation Temporary Tax Increment Bonds, Series 2003A (Series 2003A Bonds), the proceeds of which were used to pay certain Costs in the Project Area. (e) the City has now determined to refund a portion of the Series 2003A Bonds and finance certain additional Costs authorized in the Plan, summarized. as follows: SJB-239866v1 RC145-514 Public Redevelopment Cost Project Costs (land acquisition, demolition, site work and related costs) Partial Refunding of Series 2003A Bonds Contingency Discount Allowance Finance Related Expenses Capitalized Interest Total Uses Amount $1,260,000 1,840,000 2,505 68,835 45,000 313,660 $3,520,000 (f) it is necessary and expedient to the sound financial management of the affairs of the City to issue approximately $3,520,000 Taxable General Obligation Tax Increment Bonds, Series 2003C (Bonds) to provide financing for the Costs; (g) the Authority has requested the City to issue and sell its general obligations to provide temporary financing for a portion of the Costs. (h) a Second Amended Tax Increment Pledge Agreement between the Authority and the City (Pledge Agreement) is approved in substantially the form on file with the City, and the Mayor and City Manager are authorized to execute such- agreement on behalf of the City. 1.02. The proposal of (Purchaser) to purchase $ Taxable General Obligation Tax Increment Bonds, Series 2003C (Bonds) of the City described in the Official Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: SJB-239866vi RC145-514 Year of Interest Year of Interest Maturity Rate Maturi Rate 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 True interest cost: 1.03. The sum of $ being the amount proposed by the Purchaser in excess of $ will be credited to the Debt Service Fund hereinafter created. The City Finance Manager is directed to retain the good faith check of the Purchaser pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 469 (Act) in the total principal amount of $ , originally dated as of date of delivery, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Year Amount 2017 201.8 2019 2020 2021 2022 2023 2024 2025 '~ ` 1.05. Optional Redemption. The City may elect on February 1, 2014, and on any day `~~ thereafter to prepay Bonds due on or after February 1, 2015. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less SJB-239866v1 RC145-514 than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser. Section 2. Registration and Pam. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2004, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Re lg•ster. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, .close the books for registration of any transfer after the fifteenth day of the month preceding each. interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like SJB-239866vi RC145-514 aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event -any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the ~` registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to SJB-239866v1 RC145-514 give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Re ig strar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Manager must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates. of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary. Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: SJB-239866v1 RC145-514 No. R- UNITED STATES OF AMERICA $. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF RICHFIELD TAXABLE GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 2003C Date of Rate Maturity Original Issue CUSIP 1, 2003 Registered Owner: Cede & Co. The City of Richfield, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2004, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2014, and on any day thereafter to prepay Bonds due on or after February 1, 2015. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments.. will be at a price of par plus accrued interest. SJB-239866v1 RC145-514 This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on November 12, 2003 (the Resolution), for the purpose of providing money to aid in financing public redevelopment costs in a redevelopment project (Project) in the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 through 469.179, the Minnesota Tax Increment Financing Act, and Minnesota Statutes, Sections 469.001 through 469.047, and the principal hereof and interest hereon are payable primarily from tax increments resulting from increases in taxable valuation of real property in a tax increment financing district within the Project as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency of tax increments pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing. on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. SJB-239866v1 RC145-514 IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF RICHFIELD, MINNESOTA (facsimile) (facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Gust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as j oint tenants with right of survivorship and Act . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. SJB-239866v1 RC 145-514 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee SJB-239866v1 RC 145-514 PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of the Re ig_strar Cede & Co. Federal ID #13-2555119 3.02. The City Manager is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security. 4.01. The Bonds are payable from the Taxable General Obligation Tax Increment Bonds, Series 2003C Debt Service Fund (Debt Service Fund) hereby created, and all tax increments (Tax Increments) received by the City from the TIF District pursuant to the Pledge Agreement described in Section 1.01 hereof are pledged to the Debt .Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient-money in the Debt Service Fund to pay the same, the City Finance Manager will pay such principal or interest from the general .fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Tax Increments. when received. There is hereby appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price of the Bonds paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. The proceeds of the Bonds, less the appropriations made in Section 4.01 and less the amounts applied to partial refunding of the Series 2003A Bonds as described in Section 5, will be made available to the Authority for application in accordance with the Pledge Agreement. 4.03. The City Manager is authorized and directed to file a certified copy of this resolution with the Director of Property Taxation of Hennepin County and to obtain the certificate required by Minnesota Statutes, Section 475.63. 4.04. It is determined that the estimated collection of Tax Increments will produce at least five percent in excess of the amount needed to meet when due, the principal and. interest payments on the Bonds, and that no tax levy is needed at this time. SJB-239866v1 RC145-514 Section 5. Refunding; Findings; Redemption of Refunded Bonds. 5.01. All or any portion of the principal amount of the Series 2003A Bonds is callable on February 1, 2004. It is hereby found and determined that based upon information presently available from the City's financial advisers, the issuance of the Bonds, in part, to refund a portion of the outstanding principal amount of the Series 2003A Bonds is consistent with covenant by the City with the holders thereof to issue definitive obligations at before maturity of the Series 2003A Bonds, and that such issuance is necessary and desirable for the adjustment of maturities in relation to the resources available for their payment. 5.02. Series 2003A Bonds in the principal amount of $1,840,000, maturing on February 1, 2006 will be redeemed and prepaid on February 1, 2004. The Series 2003A Bonds will be redeemed in part and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as Attachment B which terms and conditions are hereby approved and incorporated herein by reference. The Registrar for the Series 2003A Bonds is authorized and directed to send a copy of the Notice of Redemption to each registered holder of the Series 2003A Bonds. Section 6. Authentication of Transcript. 6.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 6.02. The Mayor, City Manager and Finance Manager are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the .facts and representations made therein as of the date of the Official Statement. 6.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 7. Book-Entry System; Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon ~ initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, SJB-239866v1 RC145-514 New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager .will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry S stem. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may SJB-239866v1 RC145-514 determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in .accordance with the terms thereof. Section 9. Defeasance. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing. with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. SJB-239866v1 RC145-514 Passed and adopted this day of December, 2003. CITY OF RICHFIELD, MINNESOTA Mayor City Manager Attest: City Clerk SJB-239866v1 RC 145-514 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. SJB-239866v1 RC145-514 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF RICHFIELD ) I, the undersigned, being the duly qualified and acting Clerk of the City of Richfield, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the City Council of the City held on December 9, 2003 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $ Taxable General Obligation Tax Increment Bonds, Series 2003C of the City. WITNESS My hand officially as such Clerk and the corporate seal of the City this day of , 2003. City Manager Richfield, Minnesota (SEAL) SJB-239866v1 RC145-514 STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER'S CERTIFICATE AS TO COUNTY OF HENNEPIN TAX LEVY AND REGISTRATION I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Richfield, Minnesota, on December 9, 2003, levying taxes for the payment of $ Taxable General Obligation Tax Increment Bonds, Series 2003C, of said municipality dated as of date of delivery, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this day of 2003. Taxpayer Services Division Manager Hennepin County, Minnesota (SEAL) By Deputy SJB-239866v1 RC145-514 ATTACHMENT B NOTICE OF CALL FOR PARTIAL REDEMPTION $4,840,000 TAXABLE GENERAL OBLIGATION TEMPORARY TAX INCREMENT BONDS, SERIES 2003A CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Richfield, Hennepin County, Minnesota, there have been called for redemption and prepayment on FEBRUARY 1, 2004 a portion of outstanding bonds of the City designated as Taxable General Obligation Temporary Tax Increment Bonds, Series 2003A, dated September 9, 2003, having a stated maturity date of February 1, 2006, totaling $1,840,000 in principal amount, and with the following CUSIP number: Year Amount CUSIP 2006 $1,840,000 763325 L70 The above portion of bonds are being called at a price of par plus accrued interest to February 1, 2004, on which date all interest on the specified portion of said bonds will cease to accrue. Holders of the bonds hereby called for redemption (selected by lot in accordance _with the resolution awarding sale of the Bonds) are requested to present their bonds for payment at the main office of U.S. Bank Trust National Association, in the City of St. Paul, Minnesota, on or before February 1, 2004. If by mail: U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue EP-MN-WS3C St. Paul, MN 55107 If by hand: U.S. Bank National Association 60 Livingston Avenue 3rd Floor -Bond Drop Window St. Paul, MN 55107 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding ~~ rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This SJB-239866v1 RC145-514 requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. Additional information maybe obtained from: U.S. Bank Trust National Association Corporate Trust Division Bondholder Relations (800) 934-6802 Dated: December 9, 2003. BY ORDER OF THE CITY COUNCIL By Samantha Orduno City Manager City of Richfield, Minnesota ~~ ~~ SJB-239866v1 RC 145-514