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12-13-99 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, DECEMBER 13, 1999 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS RICHFIELD CITY HALL AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF (1) REGULAR CITY COUNCIL MEETING OF NOVEMBER 22,1999; (2) SPECIAL CITY COUNCIL MEETING OF NOVEMBER 29, 1999; (3) SPECIAL JOINT CITY COUNCIURICHFIELD SCHOOL BOARD MEETING OF DECEMBER 6,1999; AND (4) SPECIAL CITY COUNCIL MEETING OF DECEMBER 6, 1999 ,. PRESENTATIONS 1. PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED BUDGET PRESENTATION AWARD TO FINANCE MANAGER, CHRIS REGIS INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 2. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 3. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 4. 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 REVISED RESOLUTION WHICH SPECIFIES CERTAIN IMPROPER CONDUCT OF ON-SALE INTOXICATING LIQUOR, WINE AND 3.2 MALT LIQUOR LICENSEES AND RECOMMENDED DISCIPLINE ACTION C.L. 289 B. CONSIDERATION OF APPROVAL OF RESOLUTION APPOINTING REPRESENTATIVES TO RICHFIELD TOURISM BOARD, INC. C.L. 290 C. CONSIDERATION OF APPROVAL OF RESOLUTION ISSUING NEGATIVE DECLARATION OF NEED FOR ENVIRONMENTAL IMPACT STATEMENT FOR RICHFIELD LAKE WATER QUALITY PROJECT C.L. 291 D. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING AGREEMENT WITH HENNEPIN COUNTY FOR PARTICIPATION IN FEDERAL- AID PRESERVATION PROGRAM FOR REPLACING TRAFFIC SIGNAL CONTROLLERS AND CABINETS, REPLACING RED INCANDESCENT TRAFFIC SIGNAL INDICATIONS WITH RED LIGHT EMITTING DIODES INDICATIONS AND SIGNAL PAINTING C.L. 292 E. CONSIDERATION OF APPROVAL OF LJR INC. CONTRACT WITH 1-494 CORRIDOR COMMISSION, 1999-2000 C.L. 293 F. CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS FOR RAISING SELECTED AREAS OF TRAIL AT WOOD LAKE NATURE CENTER, ORDERING PROJECT, AUTHORIZING NOTICE OF BID, AND AUTHORIZING EXECUTION OF AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR FUNDING PURPOSES C.L. 294 G. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING CITY OF RICHFIELD'S PARTICIPATION IN JOINT POLICE AND FIRE TRAINING FACILITY C.L. 295 H. CONSIDERATION OF APPROVAL OF CANCELING CITY COUNCIL MEETING OF DECEMBER 27, 1999 C.L. 296 1. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $25,000 FOR MOBILE COMPUTING DEVICES AND RELATED HARDWARE FOR INSTALLATION IN POLICE VEHICLES C.L. 297 J. CONSIDERATION OF APPROVAL OF NEW TAXI LICENSE FOR METROPOLITAN TAXI; ONE VEHICLE C.L. 298 PUBLIC HEARINGS 5. DISCIPLINARY HEARING AND CIVIL ENFORCEMENT FOR ALCOHOL ESTABLISHMENTS IN RICHFIELD THAT RECENTLY UNDERWENT ALCOHOL COMPLIANCE CHECKS AND FAILED BY SELLING ALCOHOL TO UNDERAGE YOUTH COUNCIL LETTER NO. 299 6. PUBLIC HEARINGS TO CONSIDER THE FOLLOWING 2000 LIQUOR LICENSE RENEWALS: A. ON-SALE INTOXICATING, SUNDAY LIQUOR AND TAVERN FOR CHI-CHI'S, INC., DBA CHI-CHI'S MEXICAN RESTAURANTE, 7717 NICOLLET AVENUE C.L. 300 B. ON-SALE INTOXICATING AND SUNDAY LIQUOR FOR DON PABLO'S OPERATING CORP., DBA DON PABLO'S, 980 WEST 78TH STREET C.L. 301 C. ON-SALE INTOXICATING AND SUNDAY LIQUOR FOR AMERICANA DINING CORPORATION, DBA CHAMPPS SPORTS CAFE, 790 WEST 66TH STREET C.L. 302 D. ON-SALE AND SUNDAY LIQUOR FOR PAISAN INCORPORATED, DBA KHAN'S MONGOLIAN BARBEQUE, 500 EAST 78TH STREET C.L. 303 E. ON-SALE INTOXICATING AND SUNDAY LIQUOR FOR THE GROUND ROUND OF MINN., INC., DBA THE GROUND ROUND, 1500 EAST 78TH STREET C.L. 304 F. CLUB ON-SALE AND SUNDAY LIQUOR FOR FRED BABCOCK V.F.W. POST NO. 5555, 6401 LYNDALE AVENUE C.L. 305 G. CLUB ON-SALE AND SUNDAY LIQUOR FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE C.L. 306 H. ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR THOMPSON'S FIRESIDE PIZZA, INC., DBA FIRESIDE PIZZA, 6736 PENN AVENUE C.L. 307 1. ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR THE FRENCHMAN'S, 1400 EAST 66TH STREET C.L. 308 J. ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR GIN NG INC., DBA SILVER SPOON RESTAURANT, 6700 PENN AVENUE C.L. 309 K. ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR KIANG'S RED PEPPER INC., DBA RED PEPPER CHINESE RESTAURANT, 2902 WEST 66TH STREET C.L. 310 L. ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR SUBECK INCORPORATED, DBA KETSANA'S THAI RESTAURANT, 7545 LYNDALE AVENUE C.L. 311 7. PUBLIC HEARINGS TO CONSIDER THE FOLLOWING 2000 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE RENEWALS: A. METRO PAWN AND GUN, INC. 7529 LYNDALE AVENUE C.L. 312 B. PLAZA PAWN, 6414 NICOLLET AVENUE C.L. 313 8. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING ISSUANCE OF UP TO $20,000,000 OF SENIOR HOUSING REVENUE BONDS, SERIES 2000A AND 2000B COUNCIL LETTER NO. 314 9. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT REZONING PROPERTIES TO BE CONSISTENT WITH COMPREHENSIVE PLAN COUNCIL LETTER NO. 315 10. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION ON FINAL PLAT FOR RICHFIELD URBAN VILLAGE COUNCIL LETTER NO. 316 PROPOSED ORDINANCES 11. CONSIDERATION OF FIRST READING OF ORDINANCE AUTHORIZING CONSTRUCTION OF REPLACEMENT GOLF COURSE COUNCIL LETTER NO. 317 12. CONSIDERATION OF FIRST READING OF ORDINANCE RELATING TO COUNCIL MEMBER ATTENDANCE AT COUNCIL MEETINGS; AMENDING SUBSECTION 205.15 OF RICHFIELD CITY CODE COUNCIL LETTER NO. 318 RESOLUTIONS 13. CONSIDERATION OF RESOLUTION AUTHORIZING ADJUSTMENT OF 1999 REVISED GENERAL FUND BUDGET FOR PORTION OF UNSPENT YEAR-END FUNDS FOR AIRPORT MITIGATION EXPENDITURES COUNCIL LETTER NO. 319 14. CONSIDERATION OF ADOPTION OF 1999 REVISED/2000 PROPOSED BUDGET AND FINAL TAX LEVY AND RELATED RESOLUTIONS 40 COUNCIL LETTER NO. 320 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 15. CONSIDERATION OF APPOINTMENTS TO PLANNING COMMISSION COUNCIL LETTER NO. 321 AIRPORT BUSINESS 16. AIRPORT STATUS REPORT CORRESPONDENCE 17. LEGISLATIVE REPORT COUNCIL CHOICE 18. COUNCIL DISCUSSION ITEMS 19. CLAIMS AND PAYROLLS 0 20. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. CITY OF RICHFIELD, MINNESOTA Council Letter No. 322 Agenda December 13, 1999 Issue Statement: Consideration of approval of mediated contract dispute settlement with Thermex for construction of rink refrigeration system for second ice sheet. Backaround: During the construction of the rink refrigeration system of the Second Ice Sheet, a number of problems arose with respect to the Thermex contract. Thermex indicated that they did not know they were to obtain the permit for their work instead of the General Contractor. As a result they began the work without a permit. Thermex was later cited by the Building Inspections Department and were required to not only purchase the permit but also pay a penalty fee of approximately $3,600. Further, their work on the rink floor refrigeration system did not meet contract specifications and they were required to redo that portion of their work. The portion of the work that was to be redone required Thermex to install a more substantial steel reinforcement system into the concrete floor than they believe was stated in the specification that they based their bid upon. Nevertheless, they agreed to proceed with the project so that it would be completed on time. The disagreement was to be sorted out later. . At the conclusion of the project, Thermex filed a claim for just over $20,000 that they felt they had sustained in completing this project. Thermex asserted that the plans and specifications were not clear. Furthermore, it was their position that the City had received a much higher quality rink floor than it paid for. In an attempt to resolve the problem before all parties had to enter into a costly arbitration case on the matter, mediation was agreed upon. The mediation included the City, Thermex, the construction manager, the architect and designer as well as the rink floor sub-contractor. The mediation resulted in a proposed settlement agreeable to all parties. Richfield's portion of the settlement was to refund the permit penalty and an additional amount which were to total $5,000. All parties desire to complete this matter and bring it to closure as quickly as is possible. Recommended Motion: Approve the mediated settlement consisting of the return of construction permit penalty of approximately $3,600 and payment of additional contract payment of up to $1,400 to Thermex, Inc. as a full and final settlement to Ice Arena contract dispute. Basis of Recommendation: 1. Thermex has initiated a contract claim of approximately $20,000 for additional work and costs sustained in connection with the construction of the Second Ice Sheet. 0 2. The parties involved have agreed to mediation as a first step in resolving this dispute prior to proceeding to a much more costly venue such as arbitration or court. 3. All parties involved including the City, Thermex and subcontractors have agreed to contribute to a mediated settlement of this. dispute. 4. The proposed settlement represents a very economical way for the City to resolve this matter. Alternative Recommendation: 1. The City Council could reject this settlement and pursue the matter in arbitration. 2. The City Council could propose another settlement option. Discussion/Decision Mode: Action on this matter is requested on December 13, 1999 so that this matter can be resolved as soon as possible. The next City Council Meeting may not be until January, 2000. Res tfully submitted, Sa ntha Orduno . ity Manager SO:sld / CITY OF RICHFIELD, MINNESOTA Council Letter No.321 Agenda December 13, 1999 Issue Statement: Consideration of appointments to the Planning Commission. Background: The Planning Commission currently has three vacancies. Advertisements were placed in the Richfield Sun, Your City newsletter, on the message board outside City Hall and the Web page. Applicants were interviewed at a Special City Council meeting on Monday, November 29, 1999. Recommended Motion: Appoint three members to the Planning Commission: Two appointments with terms ending January 31, 2000 and one appointment with term ending January 31, 2001. Basis of Recommendation: In order to ensure a quorum for future meetings, appointments should be made at this time. • Alternative Recommendation: Defer the appointments to a later Council meeting. Discussion/Decision Mode: This item is placed on the December 13, 1999 agenda for Council consideration. R4amha"Ord y submitted, Suno City Mana ger SO:cak .7 /5-f E O O T- O O 0 O O 0 N N N r ? T--7 M M CM L, cu M c0 =3 7 C C C c6 c6 c0 0 U) W_ V z Q V Q z O U) U) O V C7 z z z Q J CL >% A U U U C C C ca ca M CO w > > > T- r r CITY OF RICHFIELD MINNESOTA Council Letter No.320 Agenda December 13, 1999 Issue Statement: Adoption of the 1999 Revised/2000 Proposed budget and final tax levy and related resolutions. Background: The City of Richfield has conducted and closed its 1999 truth-in-taxation hearing on December 6, 1999. 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. The City Council must now take final action on the City's budget and tax levy. State Statute requires that municipalities conduct public hearings no later than December 20 of each year. Cities then have five working days after December 20 or no later that December 28 to prepare all the documentation necessary to certify a final levy to the County Auditor and State Department of Revenue. In addition to the resolutions authorizing the revised 1999 budget and adopting a 2000 budget and tax levy, several other resolutions included within the total budget document 10 need to be considered. Resolutions pertaining to water and sewer utility rates, capital improvement and program budget and license/permit fees should also be considered. In addition, the resolution restating the City Manager's charter and ordinance authority to modify the budget during the budget year and pay plan resolutions for the 2000 General Services, Specialized and Management pay plans are also included. In addition, resolutions increasing the 1999 General Services and Specialized pay plans by .5% effective the last full pay period in 1999 are also included. This increase is needed to adjust these two pay plans containing the City's female-dominated positions to a position of keeping up with the annual adjustments of the City male-dominated contract employees such as the Police and Labor and Trades units. This equity is especially critical inasmuch as the City will be required to file a pay equity compliance report for pay data in effect for December 31, 2000. Even with these relatively minor adjustments, it may be necessary to make a larger adjustment in 2000 to ensure Richfield's compliance with the Pay Equity Act. Richfield remains committed to maintaining compliance with the Act. In September 1999 the City approved and certifies a preliminary tax levy of $8,171,762 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 public hearing. 0 10-) Recommended Motion: Adopt the resolutions approving the 1999 Revised/2000 Proposed budget and tax levy and related resolutions. Basis of Recommendation: 1. A revised 1999 budget and final 2000 budget and tax levy must be adopted on or before December 20, 1999. 2. A proposed 2000 tax levy has been submitted to the City Council for consideration. 3. The gross tax levy for 2000 reflects a 1.45 percent increase over the previous year and the local 2000 tax levy represents a .33 percent decrease over 1999. 4. A truth-in-taxation public hearing for the 2000 proposed budget and tax levy has been conducted in accordance with state law. Alternative Recommendation: The City Council could adopt a final 2000 budget and a tax levy in any amount which does not exceed the preliminary levy of $8,171,762. Discussion/Decision Mode: It is suggested that the City Council take action on these items at the December 13, 1999 regular City Council meeting to ensure ample time to prepare final documents for • submission to the County Auditor. Action on this item cannot be taken on the same night as public testimony at the initial truth-in-taxation hearing on the budget and tax levy are taken, according to state law. submitted, S an a Orduno City anager SO:cak I? U RESOLUTION NO. RESOLUTION ADOPTING A BUDGET AND TAX LEVY FOR THE YEAR 2000 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 1999 and then recertified before December 31, 1999. 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 2000 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Leg islative/Executive Administrative Services Public Safety Community Development Public Works Recreation Services Transfers TOTAL GENERAL FUND $ 686,560 1,009,820 8,250,330 252,380 3,309,650 1,464,880 118,320 $15,091,940 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 2000 which are more fully detailed in the City Manager's official copy of the 2000 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $ 15,091,940 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 1999, payable in 2000 for the following purposes and in the following amounts: PURPOSE AMOUNT GENERAL FUND' $ 28,171,762 ' 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 and HACA amounts. • Resolution No. Iq-3 4. The budget for the Housing and Redevelopment Authority of Richfield for the year 2000 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 1999, payable in 2000 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $ 195,250 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 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk E /U-`1 0 RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. 2. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. 3. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 RESOLUTION NO. iy-,S- RESOLUTION AUTHORIZING REVISION OF 1999 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 8649 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 1999; 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 1999 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2000 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 1999 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative/Executive $ 683,810 Administrative Services 962,170 Community Development 8,163,060 Public Safety 245,040 Public Works 3,213,710 Recreation Services 1,423,110 Transfers 514,050 TOTAL GENERAL FUND $15,204,950 INCREASE $ 632,510 2. Estimated 1999 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 2000 budget, are hereby revised as follows: INCREASE $ 632,510 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 13th day of December, 1999. 0 ATTEST: Martin J. Kirsch, Mayor Thomas P. Ferber, City Clerk /4-(v 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 allows a business mileage reimbursement of 32.5 cents for 2000; and WHEREAS, the Internal Revenue Service annually adjusts the business mileage reimbursement; and WHEREAS, the City of Richfield's present mileage reimbursement is 31 cents; and WHEREAS, the City has not adjusted its business mileage reimbursement amount in two years and is not in conformance with the Internal Revenue Service rate. 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 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST Thomas P. Ferber, City Clerk 40 14--7 0 RESOLUTION NO. RESOLUTION AUTHORIZING CANCELLATION OF CERTAIN AD VALOREM TAX LEVIES ON THE IMPROVEMENT BONDS OF 1980 WHEREAS, Resolution No. 6310 provided for the sale of $6,100,000 Improvement Bonds of 1980 and provided for taxes to be levied for the payment of principal and interest thereon; and WHEREAS, Resolution No. 6310 certified an ad valorem tax levy for 1999 of $467,900 for payment of principal and interest on the Improvement Bonds of 1980; and WHEREAS, it appears desirable to cancel certain ad valorem tax levies to be levied for 2000, due to substantial prepayment in previous years of special assessments and the investment return on these funds; and WHEREAS, there are presently funds available in the Improvement Bonds of 1980 Fund to pay current principal and interest on such bonds; and WHEREAS, the ad valorem tax levy requirement includes a 5 percent excess provision. • NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Richfield, Minnesota as follows: 1. That the amount levied in 1999, collectible in 2000 on Resolution No. 6310 in the amount of $467,900 is hereby cancelled. 2. That a copy of this resolution shall be sent to the Hennepin County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: 0 Thomas P. Ferber City Clerk RESOLUTION NO. 14-8 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 1999 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. 8529: 2. Where the rate is not based upon the metered use of water, the following quarterly flat charges are established effective January 1, 2000 for each billing district as defined in paragraph 3 of this resolution. 2000 A) Residential per unit $ 45.90 B) Commercial - . For the equivalent of 10 or less persons $ 45.80 More than 10, less than 16 84.00 More than 15, less than 21 118.00 More than 20, less than 26 156.80 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 not then in session; and shall be as follows: 2000 For each 100 grade school students or fraction $ 55.30 in excess thereof For each 100 junior high school students or high 138.90 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 is 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: 4. 14-1 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, 2000, for each 2000 customer billing district and shall be as follows: $ 2.29 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, 2000, shall be as follows: $ 2.29 C) A customer charge shall be made for each invoice Rendered effective January 1, 2000 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 2000 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 $1.62 per 1,000 gallons. Water charges shall be payable quarterly, and all bills issued after January 1, 2000 shall be at this rate. SPECIAL WATER SERVICE CHARGES FOR 1999 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 lq-iD 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 2000 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 $44.00 per acre of land. $8.80 is the quarterly rate for a single-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. 9 r4--1I 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 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 /4-/2 RESOLUTION NO. RESOLUTION ADOPTING THE 2000 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget for 2000 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 2000 Capital Improvement Budget in the sum total of $33,054,000 is hereby approved as amended and adopted with full recognition of the fact that the cost estimates are approximate and are subject to final cost estimates and that all awards of contracts for these projects are subject to necessary hearings and must be approved by the City Council in accordance with established laws and practices governing such action, and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk is N-i3 0 RESOLUTION NO. RESOLUTION ADOPTING THE 2001-2005 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program 2001-2005 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 2001-2005 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 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 RESOLUTION NO. lq-)q 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. 1. SPECIAL ASSESSMENT PROCEDURES SEARCHES 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 written request and $12.00 fee per Property Identification Number (PID). Searches are normally in the mail 24 hours after receipt. Provide verbal update by phone of previously requested certified City special assessment searches. Provided the same day if a single certified or non-certified search is requested and if picked up at the City. FEES $12.00 per Property Identification Number (PID). The search is a billing statement. Provided free of charge if a certified City search is not requested. E • 14-/s7 I. (con't) SPECIAL ASSESSMENT 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 -2- PROCEDURES 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 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. A non-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 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. FEES Homeowner may request a $12.00 search for closing. 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 $3.00 per PID number or per printed sheet. Homeowners may request a free printout. Provided free of charge if printout is not requested. -3- II (con't) LISTING INFORMATION PROCEDURES 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 the City office when requested. FEES lqq? • 1q,11 II. (con't) LISTING INFORMATION -4- 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 Request for more than subject property and five properties must be comparable properties. 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. -5- Ill. (cont.) REVIEW OF COMPARABLE RESIDENTIAL PROPERTY PROCEDURES RECORDS • • (PID numbers will help cut response time). The individual must allow 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 COMMERCIAL, INDUSTRIAL AND APARTMENT PROPERTY RECORDS Provide partial 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 (PID numbers will help cut our response time). Because of the data privacy act, viewing the property field cards will be prohibited. / q - 10,0 FEES Free of charge when personally writes information supplied by the Assessing Division. FEES May request $2.00 per copy. Certified copies $5.00. Free of charge when personally writes information orally supplied by the Assessing Division. /q-/g -6- 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 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 13th day of December, 1999. Martin J. Kirsch, Mayor 0 ATTEST:. Thomas P. Ferber, City Clerk RESOLUTION NO. /q-zo RESOLUTION ESTABLISHING 2000 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD 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 5,7, 8 and 9 of this resolution. C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 5, 7, 8 and 9 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 TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE (1) Building 400.03-400.09 $1 to $500 Permits • $501 to $2,000 $2,001 to $25,000 $25,001 to $50,000 $50,001 to $100,000 $100,001 to $500,000 $500,001 to $1,000,000 1,000,001 and up $21.00 $21.00 for the first $500 plus $2.75 each additional $100, or fraction thereof, to and including $2,000. $62.25 for the first $2,000 plus $12.50 for each additional $1,000, or fraction thereof, to and including $25,000. $349.75 for the first $25,000 plus $9.00 for each additional $1,000, or fraction thereof, to and including $50,000. $574.75 for the first $50,000 plus $6.25 for each additional $1,000, or fraction thereof, to and including $100,000. $887.25 for the first $100,000 plus $5.00 for each additional $1,000, or fraction thereof, to and including $500,000. $2,887.25 for the first $500,000 plus $4.25 for each additional $1,000, or fraction thereof, to and including $1,000,000. $5,015.25 for the first $1,000,000 plus $2.75 for each additional $1,000, or fraction thereof. 0 Iq TED TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (a) Inspections outside of normal business hours $42.00 per hour (minimum charge - two hours) (b) Reinspection fees assessed under provisions of Section 108.8 $42.00 per hour (c) Additional plan review required by changes, additions or revision to plans (minimum charge - two hours) $42.00 per hour *Or the total hourl y cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of he employee involved. (2) Driveway, Parking Area Permits 515.05 (no permit fee for sidewalks) $ 25.00 (3) Fire Extinguishing System Permit 400.03-400.09 Based on Building Permit fee schedule with a minimum of $ 21.00 (4) Swimming 420.00 Permanent above or below ground pools are based Building Permit. Portable Pools $ 21.00 (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) (5) Public Swimming 420.10 1st Pool $ 85.00 Pool Inspection Each Additional $ 45.00 (6) Plan Review Fee 400.03-400.09 65% of building permit fee, except no fee for the following: and State Building Co de (a) Existing single family dwelling alterations when habitable area is not enlarged. (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. (d) Residential garages and storage buildings. (7) Contractors License Verification Fee $ 5.00 (8) 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 (9) Garage 845 Pre-inspection Fee: Moving (if relocated in City) $ 23.00 Garage Moving Permit Fee $ 16.00 (10) Structure Demolition 400.00-400.09 (a) Commercial Demolition cost as per Building Permit Schedule with a minimum of $ 21.00 (b) Dwelling 1. One or two story $ 22.00 2. Residential - Garage and lesser structure $ 8.50 (11) Excavation in 800.01-800.15 For each transverse excavation and $100.00 Public each 100 feet or portion thereof longitudinal Right of way excavation and for each curb and gutter section installed or driveway apron installed, except when survey and grade stakes are set by City SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) /4~22 TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (12) Utility 700.05 (a) Sewer $ 20.00 Abandonment 710.01 (b) Water $ 20.00 (13) Certification Charge 705.03-705.21 (Delinquent) $ 25.00 (14)(a) Sewer 700.05 Residential $ 35.00 Construction Industrial/Commercial $ 50.00 (b) Water Service 715.01 As per Ordinance - To connect to existing Service Connection water service leads at the curb box $ 35.00 To connect to main where a curb box and service lead is not installed the fee is the actual cost of material and estimated cost of labor. To turn on water after discontinuance of service $ 35.00 For raising or lowering stop-box tops to correspond with ground level change made by property owner. Cost plus 30% material and labor. (15) Plumbing Permit 400.03-400.09 Residential (a) Minimum Fee 2% of Total Job cost with a minimum of $ 30.00 (b) Work required to comply with minimum Housing Code Provisions $ 18.00 (16) Plumbing Permit 400.03-400.09 Commercial - Based on Total Job cost 2% of Estimated Job cost with a minimum of $ 40.00 (17) Electrical Permit 400.03-.400.09 Residential (a) Minimum Fee $ 30.00 (b) Complete Wiring Fee: Single Family Residence $ 55.00 Two Family Residence $106.00 (c) New Service - up to 200 amps $ 13.50 (d) Temporary Service - (for construction) $ 19.00 (e) Installation or replacement of each major appliance during or after completion of building $ 9.00 (f) Swimming Pools $ 25.00 (g) Wiring of Addition or rewiring: First Room $ 13.50 Each Additional Room $ 6.50 (h) Furnace or Air Conditioning: Per Unit $ 9.00 (i) Electrical Heating System: 2% of estimated job cost with a minimum of $ 19.00 (j) Electric or base board (Infrared Heaters): Per Circuit $ 9.00 (k) Work required to comply with minimum Housing Code provisions other than new service - 2% of contract cost with minimum of $ 18.00 (18) Electrical Permit 400.03-400.09 Commercial, Industrial and multiple dwellings Commercial (more than two units) Minimum Fee $ 40.00 (a) Based on total job cost - 2% of estimated job cost with a minimum of $ 40.00 -Over $50,000 - Fee/ $1,000.00 plus 1 1/2% of cost over $50,000.00 (b) Traffic Signals: Per Intersection $185.00 0 • 2. TYPE OF PERMIT OR LICENSE SECTION REQUIRING (19) Electrical Permit 400.03-400.09 Signs (20) Heating, 400.03-400.09 Ventilating, Air Conditioning and Refrigeration (21) Heating, 400.03-400.09 Ventilation, Air Conditioning, Refrigeration Storage Tanks (22) Benches (23) Fire Prevention Code (24) Sign Installation (25) Parking Areas (26) Housing Inspection Fee FEE $ 40.00 $ 30.00 $ 10.00 $ 20.00 $ 10.00 $ 30.00 $ 80.00 $ 15.00 $ 50.00 $ 25.00 $ 25.00 $ 10.00 $ 15.00 $ 25.00 $ 15.00 $ 25.00 $ 8.00 $ 75.00 $ 25.00 805.01-805.27 RELATED DESCRIPTION Based on 2% of cost of electrical job to customer with a minimum of (separate electrical permit required for signs) Central Systems and Additions, Alterations and Repairs 1 1/2% estimated cost with a minimum of (a) Fuel storage Tanks (Underground or Enclosed) Installation to be used with oil burner only. Per tank not exceeding 1,000 gal. Per tank exceeding 1,000 gal. (b) Fuel Storage Tanks (Above ground or not enclosed) Installation to be used with oil burner only. Per tank (c) Other Tanks (Installation modification, removal, abandonment) Each above ground tank Each below ground tank For installation or alteration of piping First Year Renewal 400.21-400.29 For initial fee required under code Per year For each additional fee required under code Per year If not renewed within 2 months of notification add penalty of 415.01-415.11 50 sq. ft. or less per sign Each additional 50 sq. ft. or less - per 50 sq. ft. (a) Temporary sign permit (b) Sign support structures based on building permit fee schedule 800.15-800.23 400.11-400.17 First Unit Additional Unit This fee should apply to each inspection when: 1. Seller calls for minimum housing inspection 2. Homeowner calls for minimum housing inspection 3. House industry calls for minimum housing inspection 4. Government agencies call for minimum housing inspection 5. Private lending institution calls for minimum housing inspection • SECTION 3. CONSTRUCTION AND RELATED LICENSE FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Heating and 400.07 1 Year $ 45.00 Ventilating Installer (2) Sign Installer 16.01-416.13 1 Year $ 45.00 (3) Electrical Installer 00.03-.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 J (a ?a TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1)* Planned Unit 536 (a) $450 plus $51 $1,000 of project value up to a Development maximum fee of $3,000.00 (b) PUD Plan Amendment fee $ 500.00 (2)* C-3 Zoning District 526.39 (a) $400 plus $5 / $1,000 of project value to a Site Plan Review maximum fee of $3,000.00 (b) Plan Amendment Fee $ 500.00 Transitional Activity permit 526.63 $300 plus $51 $1,000 of project value up to a maximum fee of $3,000.00 (3)* Variance 546.09 Residential $ 225.00 Non Residential $ 400.00 Variance Appeal Residential and Non Residential $ 75.00 (4)* Conditional 546.05 (a) change in use $ 350.00 Use Permit (b) new construction or building addition up to 20,000 sq. Ft. $ 550.00 (c) new construction or building addition over 20,000 sq. Ft. $550 + $.501$1,000 of construction value up to a maximum fee of $3,000.00 (5)* Zoning District Change 546.07 $ 450.00 (6)* Subdivision Approval 500.01-500.05 $ 500.00 Subdivision Waiver 500.05-Subd.2 $ 300.00 * Any additional expense of notification necessitated by applicants request for continuance will be charged to the applicant. (7) Off-street Parking Permit 541.07 (a) As part of conditional use permit process No Fee 800.15-800.23 (b) In conjunction with permitted use $ 300.00 (8) Street Vacation 820 $ 350.00 (9) Forestry Permit 810 $ 20.00 (10) Conditional Activity Permit 521.103 $ 300.00 (11) Nonconforming Use Permit 521.105 $ 300.00 (12) Boulevard feature 811.07 (a) Application to place a privately owned $ 20.00 Permit feature in the boulevard SECTION 5. AMUSEMENT AND RECREATION LICENSES AND PERMITS TYPE OF PERMIT SECTION OR LICENSE REQUIRING DE SCRIPTION FEE (1) Arcade 1105 1 Year $ 300.00 (2) Amusement 1100.01 (a) Mechanical Amusement Device (Pinball) 1 Year $ 15.00 Device (b) Mechanical Music Box 1 Year $ 15.00 (c) Video Games 1 Year $ 15.00 i?-ate SECTION 5. AMUSEMENT AND RECREATION LICENSES AND PERMITS (CONTINUED • TYPE OF PERMIT SECTION OR LICENSE REQUIRING DE SCRIPTION (3) Lawful Gambling 1100.13 Bingo, Tipboard, Paddle Wheel, Raffle, Pull Tabs (a) Lawful Gambling Permit 1 year $ 124.00 $ 6.50 (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 r (4) Itinerant Place of Amusement (5) Public Dance (6) General Amusement (7)Musical Concert (8) Theatre Cinema Investigation fee (actual cost minimum) (9) Roller Rink 1115 (10) Commercial Adult- 605 Oriented Enterprises Investigation fee (11) Massage Practitioner 605 (12) Public Baths 610 1100.05-1100.11 1110.03 1100.03 Per event $ 25.00 1110.01 1120 1 day $ 160.00 For each day dances are held - $2 1 month $ 25.00 No fee for locations holding tavern licenses. (a) Billiard, Pool or Pigeonhole table (each) 1 year $ 15.00 1. Coin operated 1 year $ 15.00 (b) Bowling Alley (per lane) 1 year $ 25.00 (c) Circus 1 year $ 129.00 (d) Dance Hall 1 day $ 129.00 (e) Golf 1. Miniature 1 year $ 30.00 2. Driving Tee 1 year $ 30.00 (f) Mountback 1 day $ 124.00 (g) Rides, mechanical/animal of any kind (ea) I year $ 15.00 (h) Shows, any kind 1 day $ 124.00 (i) Shuffleboard (each lane) 1 year $ 14.00 0) Other games 1 day $ 15.00 Plus a notice publication fee 1 year or portion thereof 1 Year Certificate fee Investigation fee (13) Fortune Teller 1130.05-1130.07 and related trade (14) Adult Establishments SECTION 6. ANINL TYPE OF PERMIT OR LICENSE (1) Animals 1196 kL LICENSES SECTION REQUIRING 905.01-905.29 Annual license Investigation fee (new license) AND PERMITS DESCRIPTION (a) Animals (Spayed or Neutered) with option to purchase a multi-year license (b) Animals (Not Spayed or Neutered) (c) Duplicate Animal License (d) Late Penalty 905.31-905.33 (e) Commercial Kennel (f) Residential Kennel (g) Veterinary 905.37-905.39 (h) Pigeons 905.41 (i) Non-domestic Animals (Temporary Permit) FEE $ 124.00 1 year $1,500.00 $1,500.00 1 year $ 50.00 1 year $ 124.00 1 year $1,737.00 $1,737.00 1 day $ 100.00 I week $ 300.00 1 month $ 600.00 1 year $1,000.00 1 year $1,500.00 $1,500.00 FEE 1 year $ 8.00 1 year $ 12.00 $ 5.50 $ 5.00 1 year $ 150.00 1 year $ 85.00 $ 150.00 1 year $ 30.00 $ 20.00 SECTION 6. ANIMAL LICENSES AND PERMITS (CONTINUED) 1(4-a(, 905.01-905.29 (j) Impounding (each animal) 1st time $ 25.00 2nd Time $ 50.00 3rd time (each impound after) $ 75.00 SECTION 7. 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 $ 30.00 (3) Food Vehicle 615 (a) Bakery vehicle 1 year $ 75.00 (b) Catering - for first food vehicle 1 year $160.00 Second vehicle 1 year $ 65.00 Each additional vehicle 1 year $ 35.00 (c) Readily perishable (Same as (b) above) (4) Garbage and Refuse Commercial and Residential Collection 601.01-601.33 First vehicle 1 year $150.00 Each additional vehicle 1 year $ 32.00 (5) Motor Vehicle Dealer 1155 Per place of business 1 year $225.00 Each additional place of business 1 year $ 85.00 (6) Motor Bicycle Business 1160 Per place of business 1 year $129.00 Per place of business to sell, rent or lease 1 year $ 65.00 (7) Sound Truck 1165 Per vehicle 1 year $129.00 Per vehicle 1 day $ 20.00 (8) Taxicab 1170 First vehicle or auto livery 1 year $325.00 Each additional vehicle or auto livery operated at any time within license period 1 year $ 40.00 (9) Taxicab Driver 1175 1 year $ 30.00 (10) Rental or Utility 1185 Trailers and Trucks Each place of business 1 year $ 65.00 SECTION 8. 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 $1,000.00 (2) Itinerant Food 615 Establishment 1 year $ 80.00 (3) Retail Candy 615 First facility 1 year $ 80.00 Shop Each additional on same premises 1 year $ 20.00 (4) Food Establishment 615 (a) Retail or Wholesale Food Sales (Grocery) 1 year $210.00 (b) Restaurant (Prepackaged food only sold for consumption) 1 year $210.00 (c) Restaurant (Prepared food sold for consumption) 1 year $395.00 (d) Plan Review Fee (New/remodeled food preparation facility) $200.00 (e) Additional Food Facilities (Baked goods, meat, produce, microwave ovens) Each $ 1.00 TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (5) Vending Machine 615 (a) Food vending machine requiring coin or token (excepting those machines dispensing bottled or canned soft drinks) I 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 (6) Automobile Washing Establishment 1125 Per calendar year or fraction thereof $ 100.00 (7) Scavenger 600.25 Each vehicle 1 year $ 30.00 Permit for opening cesspool or dumping fee g contents of each cesspool into City sewer $ 15.00 (8) Incinerator 600.01-600.23 1 year $ 30.00 (9) Tobacco 1146.01(MS 461.12) Retail Sale and Distribution - License issued on $ 250.00 calendar year (cigarette vending machines prohibited) (Bill No. 1998-19) (10) Soft drink 1145.01 (a) Cans, bottles from shelf or cooler, fountain service $ 25.00 (b) Vending machine dispensing bottles or cans -0- (c) Other vending machines Per year or fraction thereof $ 25.00 Per each additional machine $ 25.00 (11) Transient Merchant 1181.01-1181.09 1 day $ 60.00 (12) Wagon Peddler 1181 1 year $ 150.00 (13) Christmas Tree Sales 1130.03 1 year $ 80.00 (14) Motel 1190 First Unit $ 140.00 Per year each additional unit $ 9.00 (15) Outdoor Merchandising 1135 Permit $ 65.00 (16) Storage Enclosure 1135 Per Enclosure $ 56.00 (17) Pawnbroker 1187 (a) Pawnbroker 1 year $2,500.00 (b) Owner investigation fee (nonrefundable) 1 year $1 ,500.00 (c) Manager investigation fee (nonrefundable) 1 year $ 500.00 (d) Employee investigation fee (nonrefundable) 1 year $ 50.00 (e) Transaction fee - per transaction $ 1.50 (18) Secondhand Goods Dealer 1186 (a) Secondhand Goods Dealer I year $ 300.00 (b) Initial investigation fee (nonrefundable) $1 ,200.00 actual costs in excess of above with total not exceeding Applicant shall deposit $1200.00 with Licensing Clerk along with application. Amount in excess of actual application costs shall be refunded. SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED) / (19) Auto Detailing 1195.01 Establishment 1 year $ 225.00 (20) Tattoo, Body Piercing, 630 (a) Tattoo, body piercing, body painting Body Painting or Body or body branding 1 year $ 500.00 Branding (b) Initial investigation fee (nonrefundable) I year $1,500.00 (21) Temporary Tattoo, Body Piercing, Body 630 per booth $ 30.00 Branding and Body painting events SECTION 9. LIOUOR AND RELATED LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Nonintoxicating Malt Liquor 1210 (a) On-Sale 1 year $ 550.00 (b) Tavern (dance) 1 year $ 450.00 (c) Wholesale 1 year $ 21.00 (d) Off-Sale 1 year $ 160.00 (e) Club (Bottle Club) 1 year $ 365.00 (2) Liquor 1200.01-1200.25, 1200.29-1200.39 (a) On-Sale 1 year $11,200.00 1215 (b) Sunday (Fee set by state law) 1 year $ 200.00 1225 (c) Wine 1 year $ 800.00 1200.01-1200.25 (d) Veterans' Organization (Ex-Sunday) 1 year $ 520.00 1200.29-1200.39 (3) Employee License 1200.01-1200.25, Effective 10/1/95 all licenses issued shall be valid On-Sale Liquor 1200.29-1200.39 for a period of two years from the date of initial Establishments application $ 21.00 (4) Investigation 1200.01-1200.25, (a) On-Sale liquor including Veterans' Organization Fee 1200.29-1200.39 each person shown on application $500.00 and actual costs in excess of above. Each additional investigation for each person not listed on original or renewal application. $ 150.00 1225 (b) Wine - Original Application initial Fee $275,00 and actual costs in excess of above with total fee not to exceed $2,107.00 Renewal Application Initial Fee $62.00 and actual costs in excess of above with total cost not to exceed $2,107.00 1200.09 Additional Investigation under 1200.09 Subd. 3 $124.00 and not to exceed $2,107.00 Investigation of substitute manager $ 62.00 SECTION 10 -MISCELLANEOUS FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Registration 1181 (a) State hawker or Peddler license 6 month/per person covered $ 30.00 (b) Canvasser or Solicitor • 6 month/per person covered $ 30.00 (2) Permit to reside 1190 In motel for more than six months $ 15.00 I g_a? SECTIC110 -MISCELLANEOUS FEES CONTINUED (3) License for 405.25 (a) Apartment House (includes first 4 Units) Apartment Houses each additional unit in excess of 4 and Rental Homes (b) Rental Home - single family dwelling TYPE OF PERMIT SECTION OR LICENSE REQUIRING fee remains unpaid. (4) Certificate of 405.26 . Housing maintenance or owner/occupied Compliance (5) Permit Fee for 1 year $ 60.00 $ 8.50 1 year $60.00 DESCRIPTION FEE (c) Duplexes/double bungalows, triples and quads First unit 1 year $60.00 Each additional rental unit 1 year $21.00 (d) Late Fee 10% penalty for each month or portion thereof during which said (e) License Transfer Fee (f) Reinstatement of suspended license 50% of license fee (g) Reinstatement of Revoked license 100% of license fee (a) portion of a 2-family home . Rooming House 405.19 (6) Permit to Carry Mn Uniform Crime Bill (a) Processing Fee a Gun Chapt 636 Article 3 (7) Seasonal Load Limit Exemption (8) Antenna 426 Commercial Wireless Telecommunication Service (CWTS) 40 (a) CWTS antenna permit application fee (b) Antenna permit fee for additional antennas added to an existing antenna location Passed by the City Council of the City of Richfield this 13th day of December, 1999. ATTEST: Thomas P. Ferber City Clerk Martin J. Kirsch Mayor $10.00 Single family home $60.00 1 year $75.00 $10.00 Per load $20.00 $75.00 $25.00 RESOLUTION NO. RESOLUTION RELATING TO THE 1999 GENERAL SERVICES N-3D SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for General Services employees from time-to-time, and WHEREAS, the City is to prepare a Comparable Worth Analysis at the end of selected calendar years; and WHEREAS, the General Services pay plan contains female-dominated classes comparable to the male- dominated, contracted labor units; and WHEREAS, the City administration has prepared a pay plan for the last payroll period in 1999 for position classifications for the General Services employees, designed to provide greater salary range equity between the female- dominated and male-dominated employees; and NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 1999 the following pay plan, which is to be effective December 5, 1999 and subject to all applicable provisions of the City Code: GENERAL SERVICES COMPENSATION PLAN STEP 1 2 3 4 5 6 RANGE GS1 YR 22,276.80 23,608.00 24,939.20 26,270.40 27,830.40 28,683.20 MO 1,856.40 1,967.33 2,078.27 2,189.20 2,319.20 2,390.27 BW 856.80 908.00 959.20 1,010.40 1,070.40 1,103.20 HR 10.71 11.35 11.99 12.63 13.38 13.79 GS2 YR 24,544.00 25,812.80 27,060.80 28,454.40 29,868.80 31,387.20 MO 2,045.33 2,151.07 2,255.07 2,371.20 2,489.07 2,615.60 BW 944.00 992.80 1,040.80 1,094.40 1,148.80 1,207.20 HR 11.80 12.41 13.01 13.68 14.36 15.09 • GS3 YR 27,060.80 28,454.40 29,910.40 31,387.20 32,947.20 34,756.80 MO 2,255.07 2,371.20 2,492.53 2,615.60 2,745.60 2,896.40 BW 1,040.80 1,094.40 1,150.40 1,207.20 1,267.20 1,336.80 HR 13.01 13.68 14.38 15.09 15.84 16.71 GS4 YR 29,910.40 31,387.20 32,988.80 34,632.00 36,379.20 38,272.00 MO 2,492.53 2,615.60 2,749.07 2,886.00 3,031.60 3,189.33 BW 1,150.40 1,207.20 1,268.80 1,332.00 1,399.20 1,472.00 HR 14.38 15.09 15.86 16.65 17.49 18.40 GS4E YR 32,136.00 33,716.80 35,443.20 37,252.80 39,124.80 41,121.60 MO 2,678.00 2,809.73 2,953.60 3,104.40 3,260.40 3,426.80 BW 1,236.00 1,296.80 1,363.20 1,432.80 1,504.80 1,581.60 HR 15.45 16.21 17.04 17.91 18.81 19.77 GS5 YR 32,988.80 34,632.00 36,379.20 38,272.00 40,185.60 42,203.20 MO 2,749.07 2,886.00 3,031.60 3,189.33 3,348.80 3,516.93 BW 1,268.80 1,332.00 1,399.20 1,472.00 1,545.60 1,623.20 HR 15.86 16.65 17.49 18.40 19.32 20.29 GS5E YR 35,443.20 37,252.80 39,083.20 41,121.60 43,160.00 45,323.20 MO 2,953.60 3,104.40 3,256.93 3,426.80 3,596.67 3,776.93 BW 1,363.20 1,432.80 1,503.20 1,581.60 1,660.00 1,743.20 HR 17.04 17.91 18.79 19.77 20.75 21.79 GS6 YR 36,379.20 38,272.00 40,185.60 42,203.20 44,324.80 48,900.80 MO 3,031.60 3,189.33 3,348.80 3,516.93 3,693.73 4,075.07 BW 1,399.20 1,472.00 1,545.60 1,623.20 1,704.80 1,880.80 HR 17.49 18.40 19.32 20.29 21.31 23.51 GS6E YR 39,083.20 41,121.60 43,180.80 45,323.20 47,590.40 52,561.60 MO 3,256.93 3,426.80 3,598.40 3,776.93 3,965.87 4,380.13 BW 1,503.20 1,581.60 1,660.80 1,743.20 1,830.40 2,021.60 HR 18.79 19.77 20.76 21.79 22.88 25.27 144-31 Normal Progression Through General Services Compensation Plan 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 13th day of December 1999. Martin J. Kirsch ATTEST: .Thomas P. Ferber City Clerk Mayor r? GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE 114-32- 0 C? GRADE POSITION TITLES CLASS 1 Clerk Typist Non-Exempt Data Entry Operator Non-Exempt Switchboard-Receptionist Npn-Exempt 2 Community Development Technician Non-Exempt Community Service Officer Non-Exempt Custodian Non-Exempt Finance Clerk Non-Exempt Lead Liquor Clerk Non-Exempt Licensing Clerk Non-Exempt Police Cadet Non-Exempt Senior Clerk Typist Non-Exempt Special Projects Aide Non-Exempt Transportation Specialist Non-Exempt 3 Accounting Clerk Non-Exempt Arena Operations Assistant Non-Exempt Code Compliance Officer Non-Exempt Community Development Technician II Non-Exempt Health/Licensing Specialist Non-Exempt Leased Housing Assistant Non-Exempt Secretary Non-Exempt 4 Assessment Clerk Non-Exempt Assistant Turf Supervisor Non-Exempt Central Services Technician Non-Exempt Data Processing Technician Non-Exempt Housing Inspector I Non-Exempt 4E Administrative Aide Exempt Associate Planner Exempt Enterprise Facilitator Exempt Payroll Accountant Exempt Communications/Special Project Assistant Exempt Records Supervisor Exempt 5 Assistant Building Superintendent Non-Exempt Community Development Assistant Non-Exempt Engineering Technician Non-Exempt Housing Inspector II Non-Exempt of • 0 /033 (Rev. 7-99) GRADE POSITION TITLES CLASS 5E Administrative Assistant Exempt Assistant Golf Course Manager Exempt Assistant Liquor Store Manager Exempt Civilian Crime Prevention Specialist Exempt Community Center Programmer Exempt Community Development Accountant Exempt Human Services Planner/Coordinator Exempt Leased Housing Specialist Exempt Motor Vehicle Licensing Supervisor Exempt Naturalist Exempt Planning and Research Specialist Exempt Recreation Supervisor Exempt Redevelopment Specialist Exempt Rehabilitation Specialist Exempt Youth Resource Specialist Exempt Zoning Administrator Exempt 6 Building/Trade Inspector Non-Exempt Programmer/Analyst Non-Exempt 6E Accountant Exempt 0 RESOLUTION NO. 1 '7" , 3 RESOLUTION RELATING TO THE 1999 SPECIALIZED PAY PLAN /// WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for Specialized pay plan employees from time-to-time; WHEREAS, the City is to prepare a Comparable Worth Analysis at the end of selected calendar years; and WHEREAS, the Specialized pay plan contains female-dominated classes comparable to the male- dominated, contracted labor units; and WHEREAS, the City administration has prepared a pay plan for the last payroll period in 1999 for position classifications for the Specialized pay plan employees, designed to provide greater salary range equity between the female-dominated and male-dominated employees; and NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 1999 the following pay plan which is to be effective on December 5, 1999 and subject to the provisions of the personnel rules and regulations ordinance: SPECIALIZED PAY PLAN INTERMITTENT AND SEASONAL Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 SP1-E/NE HR 5.39 5.67 5.91 6.22 • SP2-E/NE HR 5.70 5.96 6.25 6.55 6.87 SP3-E/NE HR 6.15 6.43 6.76 7.09 7.44 SP4-E/NE HR 6.62 6.94 7.30 7.65 8.05 SP5-E/NE HR 7.14 7.48 7.88 8.26 8.68 SP6-E/N E HR 7.73 8.13 8.52 8.92 9.38 SP7-E/N E HR 8.36 8.73 9.18 9.64 10.12 SP8-E/NE HR 9.02 9.45 9.92 10.42 10.92 SP9-E/NE HR 9.70 10.18 10.72 11.24 11.80 SP10-E/NE HR 10.50 11.04 11.58 12.17 12.78 SP11-E/NE HR 11.34 11.87 12.50 13.13 13.76 SP12-E/NE HR 12.22 12.85 13.48 14.15 14.87 SP13-E/NE HR 13.12 13.78 14.52 15.27 16.06 Instructor's Range: $5.15-$50 Election Judge: $6 Election Assistant. Chair Person: $6.50 Election Chairperson: $7 q -35- Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to received increases to the next higher grade step based on individual performance and the following progression: a. Step 1 - Start b. Step 2 - One year from anniversary date c. Step 3 - One year from last increase d. Step 4 - One year from last increase e. Step 5 - One year from last increase Passed by the City Council of the City of Richfield, Minnesota this 13th day of December, 1999. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0 1 E Driving Range I E Concession Supervisor - Pool E Pool Attendant E Pool Night Watch E Student Intern 8 NE Adaptive Coordinator NONE NE Administrative Services Clerk NE Bike Patrol Officer NE Clerk Typist - Int. & Substitute NE Concession I (all sites EXCEPT Pool, NE Construction Inspector Vet's & Taft) NE Farmers Market Coordinator NE Range Picker NE Publication Supervisor NE Scorer/Timer E Golf Course Technician I NE Recreation Attendant I E Tennis Coordinator E Concession I (Pool, Vet's & Taft only) E Winter Golf Course Technician E Facility Rental Attendant 9 NE Community Development Tech. 4 NE Arena Attendant E Golf Course Technician II NE Dance Coordinator & Skate E Special Facilities Coordinator Coordinator 10 NE Athletic Coordinator NE Recreation Attendant II (Men's Open NE Engineering Aide Gym & Sports Attendant) E Pool Supervisor E Concession II E Clubhouse Coordinator E Facility Cashier E Playground Coordinator E Mini Golf Attendant 11 NE Community Relations Coordinator E Pool Night Watch 12 NONE E Ranger 13 NE 911 Dispatcher E Recreation Attendant II (Parks Water Slide Attendant) Instructors 5 NE Adaptive Assistant NE Building Inspector NE Custodian NE Figure Skating 10 NE NE Professional Intern Substitute Van Driver NE NE Hockey (Arena) Housing & Redevelopment Tech. NE Survey Crew Person NE Sports Official NE Winter Sports Attendant NE Substitute Naturalist E Driving Range II NE Dance E Par-3/Driving Range Attendant E Cross Country Ski E Starter E Golf Professional E Warming House Attendant E Hockey (outside) 6 NE Adaptive Leader/Specialist E Tennis NE Concession III (all sites EXCEPT Pool) E WSI NE Pro Shop Attendant OTHER NE Receptionist Election Judge $5.50 E Concession III (Pool only) Election Chair Person $5.75 E Golf Course Laborer Election Chairperson $6.25 E Lifeguard E Outdoor Skating Supervisor E Playground Leader E Warming House Supervisor E Mini Golf Supervisor 7 NE Accounting Clerk NE Adaptive Program Supervisor NE Concession Supervisor (all sites EXCEPT Pool) NE Construction Specialist IN, NE Liquor Sales Associate NE Maintenance Laborer NE Naturalist I NE Video Production Assistant NE Zamboni Operator NE=Non-Exempt, may work up to 40 hours per week without overtime pay. E-Exempt, may work up to 48 hours per week without overtime pay. All Pool positions are exempt from overtime, even Concessions. All Golf positions, except Concessions/Pro Shop positions, are exempt. All Playground and outdoor Rink positions are exempt. All Community Center, Woodlake Nature Center, Ice Arena and Maintenance positions are non-exempt. (revised 7-99) Re v; sed. RESOLUTION NO. / T -37 RESOLUTION RELATING TO THE 2000 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 2000 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 2000 the following pay plan, which is to be effective January 2, 2000, the first full pay period in 2000 and subject to all applicable provisions of the City. MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M-NE - YR 36,712.00 43,929.60 51,417.60 MO 3,059.33 3,660.80 4,284.80 BW 1,412.00 1,689.60 1,977.60 HR 17.65 21.12 24.72 M-1 YR 39,665.60 47,507.20 55,494.40 MO 3,305.47 3,958.93 4,624.53 BW 1,525.60 1,827.20 2,134.40 HR 19.07 22.84 26.68 M-2 YR 44,803.20 53,601.60 62,608.00 MO 3,733.60 4,466.80 5,217.33 BW 1,723.20 2,061.60 2,408.00 HR 21.54 25.77 30.10 M-3 YR 51,084.80 61,172.80 71,739.20 MO 4,257.07 5,097.73 5,978.27 BW 1,964.80 2,352.80 2,759.20 HR 24.56 29.41 34.49 M-4 YR 56,971.20 68,120.00 79,726.40 MO 4,747.60 5,676.67 6,643.87 BW 2,191.20 2,620.00 3,066.40 HR 27.39 32.75 38.33 M-5 YR 66,102.40 79,019.20 92,206.40 MO 5,508.53 6,584.93 7,683.87 BW 2,542.40 3,039.20 3,546.40 HR 31.78 37.99 44.33 N-39 N U) O = Z CL 'r? n o m ?M ea a?•` ?0 0 0 c ) c w o ?- cq O O? 0,+ , 0 i C v0 ` U) •^ ^ •? •? - m 3 V < o E 0 W CL m? >mmmm C mL 0mcc o 0- ++ ? N w o '3 W C9 m _ a 0 z c E CL E c zq 0 .5 q to u) ? m a) ?0 .. c C g IL c o E > z, _ v?g?°• o ? 6 m Z U. + + , c (D N 0 z Olot QQQQ (D m w ~ 0 O O O O N ca EC a; r O O N c ??Mix a 0 E L % F- is 0 O •;; 0 c c N m H e o o E :' L- ZLnOUl o 3 U 0IT C7? t 0 0 a o 0 o a a m ca ??-co? - ? 0 C N O ?e- O Z Cc U a/ Q Q Q Q cn o C a C C E C Z N m m m O Mit wit Ix z :o a c ? 0 a W O 'D z c a' Q a? w ?z c F- E N i ai 4-- 0 C c m. o. a ?? E c CL 0 a) U) a) mm m a) c ai O O a? .o U N 0 V L _M N L O 0 U O c N L U N L v c 0 U _a U O L L .a O a L 2 L U 12 Y ca Y N v U LL w E o Q FL- • E (Rev. 7-99) MANAGEMENT POSITION CLASSIFICATION STRUCTURE RANGE POSITION TITLES CLASS M-NE Turf Supervisor Non-Exempt M-1 City Clerk Exempt Facility/Program Manager Exempt Supervisor Exempt Health Administrator Exempt Liquor Store Manager Exempt M-2 Asst. Fire Chief/Fire Marshal Exempt Chief Building Official Exempt Community Development Manager Exempt Data Processing Manager Exempt Engineering Supervisor Exempt Housing & Redevelopment Manager Exempt Superintendent Exempt Transportation Engineer Exempt M-3 Finance Manager Exempt Human Resources Manager Exempt Operations Coordinator Exempt Utility Coordinator Exempt M-4 Liquor Operations Director Exempt Recreation Services Director Exempt M-5 Department Director Exempt lq-3V • RESOLUTION NO. RESOLUTION RELATING TO THE 2000 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 *employees from time-to-time, and WHEREAS, the City administration has prepared a 2000 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 2000 the following pay plan, which is to be effective January 2, 2000, the first full pay period in 2000 and subject to all applicable provisions of the City Code: STEP GENERAL SERVICES COMPENSATION PLAN 1 2 3 4 5 6 RANGE GS1 YR 22,942.40 24,315.20 25,688.00 27,060.80 28,662.40 29,536.00 MO 1,911.87 2,026.27 2,140.67 2,255.07 2,388.53 2,461.33 BW 882.40 935.20 988.00 1,040.80 1,102.40 1,136.00 HR 11.03 11.69 12.35 13.01 13.78 14.20 GS2 YR 25,272.00 26,582.40 27,872.00 29,307.20 30,763.20 32,323.20 MO 2,106.00 2,215.20 2,322.67 2,442.27 2,563.60 2,693.60 BW 972.00 1,022.40 1,072.00 1,127.20 1,183.20 1,243.20 HR 12.15 12.78 13.40 14.09 14.79 15.54 GS3 YR 27,872.00 29,307.20 30,804.80 32,323.20 33,945.60 35,796.80 MO 2,322.67 2,442.27 2,567.07 2,693.60 2,828.80 2,983.07 1 BW 1,072.00 1,127.20 1,184.80 1,243.20 1,305.60 1,376.80 HR 1.3.40 14.09 14.81 15.54 16.32 17.21 GS4 YR 30,804.80 32,323.20 33,987.20 35,672.00 37,460.80 39,416.00 MO 2,567.07 2,693.60 2,832.27 2,972.67 3,121.73 3,284.67 BW 1,184.80 1,243.20 1,307.20 1,372.00 1,440.80 1,516.00 HR 14.81 15.54 16.34 17.15 18.01 18.95 GS4E YR 33,092.80 34,736.00 36,504.00 38,376.00 40,289.60 42,348.80 MO 2,757.73 2,894.67 3,042.00 3,198.00 3,357.47 3,529.07 BW 1,272.80 1,336.00 1,404.00 1,476.00 1,549.60 1,628.80 HR 15.91 16.70 17.55 18.45 19.37 20.36 GS5 YR 33,987.20 35,672.00 37,460.80 39,416.00 41,392.00 43,472.00 MO 2,832.27 2,972.67 3,121.73 3,284.67 3,449.33 3,622.67 BW 1,307.20 1,372.00 1,440.80 1,516.00 1,592.00 1,672.00 HR 16.34 17.15 18.01 18.95 19.90 20.90 GS5E YR 36,504.00 38,376.00 40,248.00 42,348.80 44,449.60 46,675.20 MO 3,042.00 3,198.00 3,354.00 3,529.07 3,704.13 3,889.60 BW 1,404.00 1,476.00 1,548.00 1,628.80 1,709.60 1,795.20 HR 17.55 18.45 19.35 20.36 21.37 22.44 GS6 YR 37,460.80 39,416.00 41,392.00 43,472.00 45,656.00 50,377.60 MO 3,121.73 3,284.67 3,449.33 3,622.67 3,804.67 4,198.13 BW 1,440.80 1,516.00 1,592.00 1,672.00 1,756.00 1,937.60 HR 18.01 18.95 19.90 20.90 21.95 24.22 G36E YR 40,248.00 42,348.80 44,470.40 46,675.20 49,025.60 - 54,142.40 MO 3,354.00 3,529.07 3,705.87 3,889.60 4,085.47 4,511.87 BW 1,548.00 1,628.80 1,710.40 1,795.20 1,885.60 2,082.40 HR 19.35 20.36 21.38 22.44 23.57 26.03 14- t-) Normal Progression Through General Services Compensation Plan 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 13th day of December 1999. Martin J. Kirsch Mayor ATTEST: 40 Thomas P. Ferber City Clerk • GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE I' q- q2- GRADE POSITION TITLES CLASS 1 Clerk Typist Non-Exempt Data Entry Operator Non-Exempt Switchboard-Receptionist Non-Exempt 2 Community Development Technician Non-Exempt Community Service Officer Non-Exempt Custodian Non-Exempt Finance Clerk Non-Exempt 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 Special Projects Aide Non-Exempt Transportation Specialist Non-Exempt 3 Accounting Clerk Non-Exempt Arena Operations Assistant Non-Exempt Code Compliance Officer Non-Exempt Community Development Technician II Non-Exempt Health/Licensing Specialist Non-Exempt Leased Housing Assistant Non-Exempt Secretary Non-Exempt 4 Assessment Clerk Non-Exempt Assistant Turf Supervisor Non-Exempt Central Services Technician Non-Exempt Data Processing Technician Non-Exempt Housing Inspector I Non-Exempt 4E Administrative Aide Exempt Communications/Special Projects Assistant Exempt Enterprise Facilitator Exempt Payroll Accountant Exempt Project Assistant Exempt Records Supervisor Exempt 5 Assistant Building Superintendent Non-Exempt Community Development Specialist Non-Exempt Engineering Technician Non-Exempt Housing Inspector II Non-Exempt • • lq-q5 (Rev. 7-99) GRADE POSITION TITLES CLASS 5E Administrative Assistant Exempt Assistant Golf Course Manager Exempt Assistant Liquor Store Manager Exempt Civilian Crime Prevention Specialist Exempt Community Center Programmer Exempt Community Development Accountant Exempt Human Services Planner/Coordinator Exempt Leased -Housing Specialist Exempt Motor Vehicle Licensing Supervisor Exempt Naturalist Exempt Planning and Research Specialist Exempt Recreation Supervisor Exempt Redevelopment Specialist Exempt Rehabilitation Specialist Exempt Youth Resource Specialist Exempt Zoning Administrator Exempt 6 Electrical/Building Trade Inspector Non-Exempt Programmer/Analyst Non-Exempt 6E Accountant Exempt 0 RESOLUTION NO. RESOLUTION RELATING TO THE 2000 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 2000 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 2000 the following pay plan which is to be effective on January 2, 2000, the first full pay period in 2000, and subject to the provisions of the personnel rules and regulations ordinance: SPECIALIZED PAY PLAN INTERMITTENT AND SEASONAL ? 01 Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 SP1-E/NE HR 5.55 5.84 6.09 6.41 SP2-E/N E HR 5.87 6.14 6.44 6.75 7.08 SP3-E/NE HR 6.33 6.62 6.96 7.30 7.66 SP4-E/N E HR 6.82 7.15 7.52 7.88 8.29 SP5-E/NE HR 7.35 7.70 8.12 8.51 8.94 S P6-E/N E HR 7.96 8.37 8.78 9.19 9.66 SP7-E/NE HR 8.61 8.99 9.46 9.93 10.42 SP8-E/NE HR 9.29 9.73 10.22 10.73 11.25 SP9-E/NE HR 9.99 10.49 11.04 11.58 12.15 SP10-E/NE HR 10.82 11.37 11.93 12.54 13.16 SP11-E/NE HR 11.68 12.23 12.88 13.52 14.17 SP12-E/NE HR 12.59 13.24 13.88 14.57 15.32 SP13-E/NE HR 13.51 Instructor's Range: $5.15 - $50 40 Election Judge: $7.25 Election Assistant Chair Person: $7.50 Election Chairperson: $8 14.19 14.96 15.73 16.54 H-45 Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to received increases to the next higher-grade step based on individual performance and the following progression: a. Step 1 - Start b. Step 2 - One year from anniversary date c. Step 3 - One year from last increase d. Step 4 - One year from last increase e. Step 5 - One year from last increase Passed by the City Council of the City of Richfield, Minnesota this 13th day of December, December 1999. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk • I E Driving Range I E Pool Night Watch l `? cU E Pool Attendant 8 NE Adaptive Coordinator E Student Intern NE Administrative Services Clerk 2 NONE NE Clerk Typist - Int. & Substitute ?3 NE Bike Patrol Officer NE Construction Inspector NE Concession I (all sites EXCEPT Pool, NE Farmers Market Coordinator Vet's & Taft) NE Publication Supervisor NE Range Picker E Maintenance/Golf Course Technician NE Scorer/Timer E Tennis Coordinator NE Recreation Attendant I E Winter Golf Course Technician E Concession I (Pool, Vet's & Taft only) 9 NE Community Development Tech. E Facility Rental Attendant E Golf Course Technician II 4 NE Arena Attendant E Special Facilities Coordinator NE Dance Coordinator & Skate 10 NE Athletic Coordinator Coordinator NE Engineering Aide NE Recreation Attendant II (Men's Open E Pool Supervisor Gym & Sports Attendant) E Clubhouse Coordinator E Concession II E Playground Coordinator E Facility Cashier 11 NE Community Relations Coordinator E Mini Golf Attendant 12 NONE E Ranger 13 NE 911 Dispatcher E Recreation Attendant II (Parks Water Slide Attendant) Instructors 5 NE Adaptive Assistant NE Building Inspector NE Custodian NE Figure Skating NE Professional Intern NE Hockey (Arena) NE NE Substitute Van Driver Survey Crew Person NE NE Housing & Redevelopment Tech. Sports Official NE Winter Sports Attendant NE Substitute Naturalist E Driving Range II NE Dance E Par-3/Driving Range Attendant E Cross Country Ski E Starter E Golf Professional E Warming House Attendant E Hockey (outside) 6 NE Adaptive Leader/Specialist E Tennis NE Concession III (all sites EXCEPT Pool) E WSI NE Pro Shop Attendant OTHER NE Receptionist Election Judge $7.25 E Concession III Election Chair Person $7.50 E Golf Course Laborer Election Chairperson $8 E Lifeguard E Outdoor Skating Supervisor NE=Non-Exempt, may work up to 40 hours per E Playground Leader week without overtime pay. E Warming House Supervisor E-Exempt may work up to 48 hours per week E Mini Golf Supervisor without overtime pay. 7 NE Accounting Clerk g All Pool positions are exempt from overtime, even Concessions. All Golf positio ns, except Concessions/Pro Shop positions, are NE Adaptive Program Supervisor exempt. NE Concession Supervisor (all sites All Playground and outdoor Rink positions are exempt. EXCEPT Pool All Community M i Center, Wood Lake Nature Center, Ice Arena and i i t ntenance p a os ons are non-exemp . t NE Construction Specialist (Revised 7-99) NE Liquor Sales Associate NE Maintenance Laborer NE Naturalist I NE Zamboni Operator NE Video Production Assistant E Concession Supervisor CITY OF RICHFIELD, MINNESOTA Council Letter No. 319 Agenda December 13, 1999 Issue Statement: Resolution providing authorization to adjust the 1999 Revised General Fund Budget for a portion of unspent year-end funds for airport mitigation expenditures. Background: The City Council has been previously made aware of the costs expended to manage issues involved with the airport and its pending expansion and the affects on Richfield. Expenditures for the year are expected to reach in excess of $1,000,000. As you are aware, there has been no specific funding identified for these costs. Presently, $275,000 has been set aside as part of the 1999 General Fund Revised Budget to help fund a portion of these costs. The additional amount requested to be transferred, if funds are available at year-end, is $850,000. This would bring total transfers to cover airport expenditures to $1,125,000. If funds are not available, the costs will have to be covered through accumulated fund balances. Recommended Motion: Adopt a resolution providing authority to adjust the 1999 Revised General Fund Budget to use a portion of unspent year-end funds for airport expenditures. . Basis of Recommendation: 1. It is likely that there will be surplus funding available in the 1999 Budget to provide the needed funding. 2. The airport expenditures are costs of doing business the City has incurred and must incur to protect the residents of the City. Alternative Recommendation: The City Council could decide to not make any adjustment in the 1999 Revised General Fund Budget and seek alternative funding sources to pay for airport expenditures. Discussion/Decision Mode: If the City is to approve the use of the 1999 surplus funds for airport costs, December 13, 1999 would be the last opportunity to do so. Respectfully submitted, Sa >ntharduno City Manager 0 SO:cak l3-I RESOLUTION NO. RESOLUTION AUTHORIZING ADJUSTMENT OF 1999 REVISED GENERAL FUND BUDGET • WHEREAS, the year-end 1999 General Fund Budget year will likely end with unspent budget authorizations and revenues in excess of budget estimates; and WHEREAS, the City has incurred significant expenditures related to airport mitigation in 1999 and funding is needed for these expenditures. NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to take actions necessary to make adjustments to the 1999 Revised General Fund Budget by utilizing up to $850,000 of unspent year-end funds for airport expenditures. BE IT FURTHER RESOLVED that expenditures contained in this resolution are authorized only to the extent that there are year-end unspent funds available. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 318 / Agenda December 13, 1999 Issue Statement: Consideration of first reading of ordinance relating to Council Member attendance at Council meetings; amending Subsection 205.15 of Richfield City Code. Background: Subsection 205.15 of the Richfield City Code establishes an attendance policy for Council Members. The policy requires attendance to be taken at every regular and special meeting of the City Council and provides for the imposition of a monetary penalty for unexcused absence from a Council meeting. The policy may be annually invoked by resolution of the City Council. For 1999, that Resolution is No. 8669. At the October 25, 1999 Council meeting, Council Member Sandahl raised a question about the application of Resolution No. 8669 to Special Council meetings called when a quorum or more of the Council may be present at community events and similar functions. At the direction of the Council, the City Attorney reviewed the ordinance and Resolution No. 8669 and is recommending that the Council consider amending the ordinance and adopting a revised resolution. The proposed ordinance and resolution are attached for the Council's consideration. Subsection 205.15 requires that the attendance policy apply to all Regular and Special Council meetings. The ordinance does not distinguish between Council meetings called for the purpose of conducting City business and those called for purposes that are ceremonial (such as ribbon cuttings) or informational (such as a League of Minnesota Cities training session). The proposed ordinance would modify subsection 205.15 by requiring that the attendance policy apply to all Regular Council meetings but only to those Special Council meetings that the Council specifies in its annual resolution. Under the current Resolution No. 8669, the requirement for taking attendance and obtaining Council approval for an excused absence applies to all regular and special meetings, but the monetary penalty is imposed only for unexcused absences from regular meetings or special business meetings of the Council. The proposed resolution would remove the requirement for taking attendance at special informational and ceremonial Council meetings. The proposed resolution also clarifies that special business meetings are intended to include special work study sessions and special meetings called for the purpose of conducting public hearings (which otherwise might be considered informational meetings). The proposed ordinance and resolution also delete a provision that allowed notices of special meetings to be mailed to the Council Member's voter registration address. The City Attorney recommended removing that provision, because it is inconsistent with the provisions of subsection 205.03 of the City Code, which requires personal service of meeting notices. If the Council wants to allow that form of delivery of special meeting notices, an amendment to subsection 205.03 would be appropriate. The Council discussed the proposed ordinance and resolution at their November 22 Council meeting and scheduled the first reading of the ordinance for December 13. The public hearing and second reading of the ordinance and approval of the resolution are scheduled for January 10, 2000. Recommended Motion: Approve first reading of the proposed ordinance related to Council Member attendance at Council meetings; amending Subsection 205.15 of the Richfield City Code, and schedule the public hearing and second reading and approval of the attendance resolution for January 10, 2000. I2 Basi-/ s of Recommendation: 1. The Council has indicated that the present attendance policy should not be applied to special meetings that are informational and ceremonial in nature. 40 2. The Council discussed the proposed ordinance and resolution at their November 22, 1999 Council meeting. Alternative Recommendation: Take no action on the proposed changes, and leave the current ordinance and resolution unchanged. Discussion/Decision Mode: This matter is submitted to the City Council for discussion and approval. Res Ily submitted, City Manager SO:cak 0 ORDINANCE NO. AN ORDINANCE RELATING TO COUNCIL MEMBER ATTENDANCE AT COUNCIL MEETINGS; AMENDING SUBSECTION 205.15 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD ORDAINS: Section 1. Subsection 205.15 of the Richfield City Code is amended to read as follows: 205.15. Attendance at council meetings. Attendance of council members at meetings is one of the most important duties imposed by law on members. Member presence to participate in the hearings, deliberations and decisions of the council is essential to the proper discharge of the member's official duties. Recognizing that it is not always possible for a member to be present at all meetings, and that by reason of business demands, state of health, personal problems, vacations and other matters occasional absences are excusable, the following rules apply to absences of council members from meetings when invoked by resolution of the council: (a) such rules shall remain in effect until the end of the calendar year during which the resolution is passed unless revoked prior to that time by resolution of the council; (b) unless excused by a majority of the city council, a member of the council may not be absent from any regular or duly Galled speGia meeting or from such special meetings as the council may specify in the resolution; (`+) R9tinee of speeial FneetffiRg + shall he deemed nrened 10 eddFessed if addFes ed to the • ddFess sho yin en the memher'S deter registration, i {dUc for each unexcused absence from a regular or special meeting of the council each council member&hatl may be penalized by a fine of not to exceed $75, and the mayor may be penalized by a fine of an amount not to exceed $100, but the resolution may specify a lesser penalty for absence from a special meeting than a regular meeting; Wfd) any member of the council desiring to be excused shall insofar as possible give advance notice to the manager, stating (i) the meeting at which the member will be absent, (ii) 4s the member's reason for being absent and, (iii) the member's location during the meeting. Sec. 2. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield this day of 000. Martin J. Kirsch, Mayor ATTEST: • Thomas P. Ferber, City Clerk RESOLUTION NO. /2--3 RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS WHEREAS, the attendance of Council Members at meetings is one of the most important duties imposed by law on members; and WHEREAS, member presence to participate in hearings, deliberations and decisions of the Council is essential to the proper discharge of the member's official duties; and WHEREAS, recognizing that it is not always possible for a member to be present at all meetings and that by reason of business demands, state of health, personal problems, vacations and other matters, occasional absences are excusable; and WHEREAS, Subsection 205.15 of the Richfield City Code establishes rules for attendance at City Council meetings that may be invoked by resolution of the Council. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota that the following rules apply to absences of Council Members from meetings during calendar year 2000: 1. This resolution applies to all regular meetings of the Council, as defined in Subsection 205.01 of the Richfield City Code. This resolution also applies to duly called special business meetings of the Council. The resolution does not apply to special informational or special ceremonial meetings. Special Council meetings are those called pursuant to Subsection 205.03 of the Richfield City Code. For purposes of this resolution, special meetings are further categorized as: a) Special business meetings. Special business meetings include: Special meetings called to conduct official business of the City where the Council considers action requiring a vote of the City Council; special work study meetings; and special meetings called for the purpose of conducting a public hearing. b) Special informational meetings. Special informational meetings are those called for the City Council to receive information or to participate in discussion but where no official action of the City Council is taken, except that the term does not include special work study meetings or meetings called for the purpose of conducting a public hearing. c) Special ceremonial meetings. Special ceremonial meetings are those called for ceremonial activities but where no official action of the City Council is taken, including ribbon cuttings, community celebrations and similar activities. 2. Any member of the Council desiring to be excused shall insofar as possible, give advance notice to the City Manager stating i) the meeting at which the member will be absent; ii) the member's reason for being absent; and iii) the member's location during the meeting. 3. At the beginning of each regular or special business meeting, the Clerk shall call the roll. If a member is absent, the City Manager shall report any communication from the absent Council Member regarding the reason for absence. The Mayor shall request the Council Members to determine whether the absence is excusable or inexcusable. 4. For each unexcused absence from a regular or special business meeting, the absent member shall be penalized by a fine of $25 and the Mayor, if absent, shall 12- ! be penalized by a fine of $50. The fine shall be automatically deducted from the next Council Member payment unless otherwise directed by a majority of the City Council Members present. 5. This resolution remains in effect until December 31, 2000 unless revoked prior to that date by resolution of the City Council. This resolution supersedes Resolution No. 8669. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2000. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 CITY OF RICHFIELD, MINNESOTA Council Letter No.317 Agenda December 13, 1999 Issue Statement: First reading and consideration of an ordinance to authorize construction of a replacement golf course and set the public hearing and second reading for January 10, 2000. Background: During 1999, the City received official notice from the Metropolitan Airports Commission (MAC) that Richfield's Rich Acres Golf Course operation must be terminated at the end of the 1999 season. It further stated that the leased golf course property must be turned back to the MAC on or before April 1, 2000. In anticipation of losing the golf course facility, in 1998 the City began to work on options for replacing the lost recreation asset and revenues. The most promising avenue appeared to be to enter into discussions with the Minneapolis Park and Recreation Board for an opportunity to sub-lease or take over operations of the Fort Snelling Golf Course. Minneapolis was interested in acquiring property in the Upper Bluffs area, including the Polo Grounds, to construct an athletic fields complex. While the Fort Snelling Golf Course was part of the entire "Upper Bluffs package," Minneapolis was agreeable to either letting Richfield attempt to acquire or sub-lease the Fort Snelling Golf Course operation. Richfield could have then moved a portion of its staff and equipment to the Fort Snelling Course for operation in the 2000 golf season. Eventually, the City could have pursued acquisition and remodel of this course. For nearly a year and one half, numerous discussions regarding the impact of airport expansion and its effects upon Richfield, including recreation assets, were held with the Minneapolis Park Board, MAC, the Minnesota Department of Natural Resources (DNR), the Veterans' Administration, the Metropolitan Council and a number of other pertinent entities. During those discussions, it was always the City's goal and understanding that Richfield would likely have the opportunity to take over operations of the Fort Snelling Golf Course at some point in the near future. Within the past few weeks, Richfield has become aware that adverse developments affecting the Minneapolis Park Board and their acquisition of properties in the Upper Bluffs area have influenced their decision to allow Richfield to contract for the operation of the Fort Snelling Golf Course. It is staff's understanding that Minneapolis now wishes to keep the Fort Snelling course. Upon learning of Minneapolis' position, the City of Richfield immediately contacted the DNR, which owns the Fort Snelling Golf Course and other major holdings in the Upper Bluffs area, to see where lease negotiations between the Minneapolis Park Board and the DNR stand with respect to that area. The DNR informed City staff that the DNR 11-1 would soon be sending a letter out to Richfield, as well as a number of other interested parties, informing them that the DNR would be accepting proposals for the entire Upper Bluffs area and sub-parcels of the project. That means that Richfield could submit a proposal for the Fort Snelling Golf Course. The proposal could be further strengthened by teaming with a developer who could submit a proposal to redevelop a portion of the officers' buildings adjacent to the Golf Course site. The DNR estimates that it will accept proposals until sometime in late January 2000. This change in the DNB's perspective, with respect to the Upper Bluffs property, represents a one-time opportunity for Richfield to replace the loss of the City's valuable recreational asset at Rich Acres Golf Course. Unfortunately, it leaves little time to react and prepare a proposal. It has been estimated that it would cost approximately $2.5 million to build a nine hole public course at the Fort Snelling course site complete with club house, driving range and potential teaching facility. A course concept design by David A. Kirscht Associates, Inc., previously authorized by the City Council early in 1999, shows the feasibility of such a project. The funding for the facility would likely come from a combination of sources. Staff currently estimates that just over $640,000 is owed to the City by the MAC for the undepreciated capital assets at Rich Acres Golf Course. Additional funds might be • secured through a recreational facility revenue bond issue, which would be repaid from future course revenues. However, if the City acquired the course, staff might make minor improvements the first season or two and build the more significant improvements later. In order to move forward with this process, while being sensitive to compliance with the letter and spirit of the City Charter, this issue is being brought to the City Council for ordinance consideration at this time. Recommended Motion: Approve first reading of an ordinance to authorize construction of a replacement golf course facility and set the public hearing and second reading for January 10, 2000. Basis of Recommendation: 1. The City is losing Rich Acres Golf Course at the end of the 1999 season because of airport expansion. 2. Rich Acres Golf Course has been an extremely valuable community recreation asset and revenue source for other recreation facilities. 3. An opportunity to sub-lease the Fort Snelling Golf Course from Minneapolis for • 2000 and beyond now appears impossible. //-Z 4. The DNR has informed Richfield staff that it intends to accept proposals for the development of parcels of the Upper Bluffs area sometime in the next several weeks. 5. This opportunity to submit a proposal for the Fort Snelling Golf Course may represent the last one for the reasonable future, as the DNR may be looking at a 30 year lease for the site. Alternative Recommendation: 1. The Council may decide to delay first reading in order to provide additional information. If this option is chosen, the Council should identify the specific additional information requested. 2. The Council may decide to not approve first reading. Discussion/Decision Mode: This matter is being presented at the December 13, 1999 Council meeting for first reading consideration in order to meet the City Charter requirements for publication and public hearing before submitting a proposal to the DNR later in January 2000. Ily submitted, CJ Ana urauno anager SO:cak 0 11-3 TRANSITORY ORDINANCE NO. AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background, findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project on property currently owned by the Minnesota Department of Natural Resources but that the City would acquire. 1.03. The capital improvement project consists of improvement of the City owned property with a 9-hole public golf course and related facilities, including without limitation a driving range and clubhouse (the "Project"). 1.04. The estimated construction cost of the capital improvement, excluding design and engineering costs, is $2.5 million to $3.0 million. The design and engineering costs are estimated at $ (left blank intentionally). 1.05. A public hearing was held on January 10, 2000 after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. For the reasons specified in the following sections, the Council finds and determines that it is in the best interests of the City and its inhabitants that the Project be approved. 1.07. As the result of airport expansion, the City has been forced to close the Rich Acres Golf Course. 1.08. The Rich Acres Golf Course was the only golf course located within the City and was an important recreational asset for the residents of Rich Acres and surrounding communities. The Council finds it to be in the public interest to replace that recreational asset. 1.09. The Rich Acres Golf Course generated significant revenue for the City. The Council deems it to be in the public interest to replace that source of revenue. It, q Sec. 2. Approval; effective date. 2.01. The Project is approved, and planning, design and construction of the Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter. This Ordinance shall not be construed to require that the City proceed with the Project; nor does it vest any rights in the Project to any individual or entity. The City Council reserves the right to abandon the Project or to modify elements of the Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective 30 days following its publication. Adopted this day of , 2000. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk is CITY OF RICHFIELD, MINNESOTA / Council Letter No. 316 Agenda December 13, 1999 Issue Statement: Public hearing and consideration of resolution on a final plat for Richfield Urban Village. Background: Richfield State Agency (RSA) is requesting approval of a final plat for the area encompassed by the Woodlake Centre (formerly Urban Village) redevelopment project. The area is bounded by 66th Street on the north, Pleasant Avenue on the east, 67th Street on the south, and Lyndale Avenue on the west. The plat proposes to divide the property into five separate lots and four outlots. RSA has developed Easements and Declaration of Covenants and Restrictions that allow for cross access and shared use of the parking ramp, the plaza area and the drive aisles and walk areas. Emergency access is also reserved. Recommended Motion: Conduct a public hearing and adopt a resolution approving the final plat of Richfield Urban Village with the following stipulations: 1. The developer shall prepare and record an instrument, satisfactory to the City Attorney, that provides to the City an easement for emergency access purposes over Outlots A, B, C and D. 2. The developer shall prepare and record an instrument, satisfactory to the City Attorney, that provides for the construction of a firewall between the parking ramp and the medical clinic at such time as Lots 2 and 3, block 1 are not held in common ownership. M Basis of Recommendation: 1. The Easements and Declaration of Covenants and Restrictions establish cross access agreements to provide access to the parking ramp, plaza and access drives for all uses and for emergency vehicles. 2. The necessary utility easements are established on the plat. 3. The City Attorney has reviewed the plat. 4. On January 11, 1999, the City Council approved a preliminary plat. 5. Notice of the public hearing was published in the Sun-Current. Alternative Recommendation: 1. Approve the final plat with revisions. 2. Do not approve the final plat. Discussion/Decision Mode: A public hearing is scheduled for 7:00 p.m., Monday, December 13, 1999 in the Council Chambers, Richfield City Hall, 6700 Portland Avenue. Dntha fully submitted, is Ordu no o City Manager SO:cak RESOLUTION NO. lo--l RESOLUTION AUTHORIZING FINAL APPROVAL OF A SUBDIVISION FOR RICHFIELD STATE AGENCY AND THE OAKS, LLC WHEREAS, Richfield State Agency has requested final approval to combine several tracts of land bounded by 66th Street on the north, Pleasant Avenue on the east, 67th Street on the south and Lyndale Avenue on the west in the City of Richfield; and WHEREAS, the proposed subdivision is to be known as RICHFIELD URBAN VILLAGE; and WHEREAS, a public hearing on the proposed final plat of RICHFIELD URBAN VILLAGE was held on December 13, 1999 at which all interested persons were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of RICHFIELD URBAN VILLAGE satisfies the requirements of the City's subdivision ordinances. 2. Final approval is granted to Richfield State Agency and The Oaks, L.L.C. for the plat of RICHFIELD URBAN VILLAGE, subject to the following conditions: a. The developer shall prepare and record an instrument, satisfactory to the City Attorney, that provides to the City an easement for emergency access purposes over Outlots A, B, C and D. b. The developer shall `prepare and record an instrument, satisfactory to the City Attorney, that provides for the construction of a firewall between the parking ramp and the medical clinic at such time as Lots 2 and 3, block 1 are not held in common ownership. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 • r • 2Z ?O C? 1.4 ci C W C? J Z Q m O V Bbl =or? rta k? -° e8• i i Ile El `El°lE S V.2 sc-o e ms's Y a a g=s - ' '8 X ° d ° ° a€ 's. - fig. I I x N a 38EZ os Y ? _ I` -°x? °FaB B B $ o ol g. f ? o IFS - s s °C E? E is - _ ° z ° ° 2 °° 3- s E S i u u O R i u 26 C r _ _ C"?e -- ZNC - - e° i ._ _ _ N Dv 3Y c3 nc °w v - °c <oa as 16 .: yoeE - pSA , 18 pc3n ?= PE?w ^ °e Lu? „?=E7C :°° p5 n n e 2 m ! 3u y Tc .?Z Oo uu ?a E E D cc E ? J a IT E a? 8$ ?a 8- P8 E? ZE co c e i`n U °E i' E Y 8 ?- In O 8 r s CIE E .R a; y$E' _ i8 gE S °r 3 NU ?2 °E rg u c aNi ? O U ? O N N Q 0 'O C v ?. m m Q r v N r m 0 v 1. LO ?- - A ?? - R 99 f69- - e M .01.01.0N ------------- ae ? CV C • I E? LEI Z Z - I V ::1 A R R Y? ° W Oi W .. s o .k i ?o ,uy..maa ? amnr ?r?w _ ? .o e°aw?,e 4.avwn u 3 y=M all A y ?Eo`o`o ?cec u c V1 u 0 N N Q C 0 0 U t 0 it N Q) Q) t V/ N w 0 N t N 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 315 Agenda December 13, 1999 Issue Statement: Public hearing and second reading of an ordinance amendment rezoning properties to be consistent with the Comprehensive Plan. Background: State law requires that cities' zoning ordinances be made consistent with their Comprehensive Plans. In 1998, the Planning Commission reviewed the City's zoning classifications and identified those parcels with zoning that are inconsistent with the Comprehensive Plan. Of those parcels, the Commission determined that one category of parcels, that in which the land use is consistent with the Comprehensive Plan but the zoning is not, should be rezoned. Attachment A identifies 13 properties to be rezoned so thatthe zoning is consistent with the Comprehensive Plan. Attachment B is a current zoning map that highlights the subject properties. Attachment C is a Comprehensive Plan map. All 13 properties are currently zoned either C-2 (general commercial) or C-1 (neighborhood commercial). All properties are currently guided in the Comprehensive Plan for multi- or single-family residential, and all properties are used as either multi- or single-family residential. 40 The Planning Commission will begin the rezoning process for a second group of properties in January. Recommended Motion: Conduct a public hearing and approve second reading of an ordinance amendment rezoning property, as identified in Attachment A, to be consistent with the Comprehensive Plan. Basis of Recommendation: 1. The Planning Commission reviewed the parcels with zoning inconsistent with the Comprehensive Plan and determined that those parcels where the land use is consistent with the Comprehensive Plan but the zoning is not should be rezoned. 2. State law requires cities to bring their zoning ordinances into consistency with their Comprehensive Plans. The Planning Commission has determined that rezoning the subject parcels is an appropriate response to this requirement. 3. The use of these properties is currently consistent with the Comprehensive Plan. Leaving the zoning as is would allow these properties to be redeveloped in a manner that would be inconsistent with the Comprehensive Plan. 4. The proposed zoning classifications are consistent with the present use of the properties. TA 5. The Planning Commission conducted a public hearing on the proposed rezonings on August 24, 1999 and recommended unanimously to approve the rezonings. 6. Notice of the public hearing was published in the Sun-Current and mailed to owners of the subject properties and to property owners and occupants within 350 feet of the subject properties. Alternative Recommendation: 1. Approve the amendment with changes. 2. Do not rezone the properties. 3. Return the rezoning proposal to the Planning Commission for further study. Discussion/Decision Mode: A public hearing is scheduled for 7:00 p.m., Monday, December 13, 1999 in the Council Chambers, City Hall, 6700 Portland Avenue. Respectfully submitted, 4m2a a Or uno City Manager SO:ds Attachments • 9-2 BILL NO. AMENDMENT TO SECTION OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: 1.01 Appendix 1 of the zoning ordinance code of the City of Richfield, which describes the boundaries of various zoning districts of the City, is hereby amended: A. Section 2, Paragraph (7) is amended to read as follows: (7) M-15 (SE corner. 70th and Nicollet) That area lying between the center line of Nicollet Avenue and a line distant 93.5 feet west of the center line of First Avenue and parallel thereto, and between the centerline of 70th Street and line distant 444&152 feet, southerly and parallel thereto. B. Section 2, Paragraph (10) is amended to read as follows: (10) M-17 (W side of Chicago, 71st to 72nd) That area lying between the east line of Block 1, Wallace's Sunnyside Acres Sixth Addition and the center line of Chicago Avenue, and between the center lines of 74staT4-72nd Streets. and a line distant 140 • feet south and parallel to the center line of 71 st Street. C. Section 2, Paragraph (11) is amended to read as follows: (11) M 17- (F Side Gf GhiGagp N of 72Rd) That aFea 1 *R betwee R the GeRteF lines 0 = , y q D. Section 3, Paragraph (3) is amended to read as follows: (3) M-9, 40 (NE corner, 66th and Vincent' et 11 of RiGhf eld GaFde"° excep +h° morth 2-2-0feet thefeef false R.L.c Ne 1044) Lots B, C, D, and E of Registered Land Survey No. 1018. E. Section 3, Paragraph (35) is amended to read as follows: (35) M-5 (surrounds "HUB" Center) The area lying between the center lines of the Soo Lin Railway right-of-way and Nicollet Avenue, and between the center line of 66th Street and the south line of Rearrangement of Nicollet Homes Second Addition except that part of the above described property described as follows: 0 q-3 A- That area lying between the center lines of the Soo Line Railway right-of-way and Pillsbury Avenue, and between the center line of 65th Street and the south line of Rearrangement of Nicollet Homes Second Addition. B- Beginning at the southeast corner of the Northwest Quarter of Section 27, Township 28, Range 24, then north along the center line of said Section 27, a distance of 685.9 feet to an extension of the south line of Tract C, R.L.S. 692, then westerly along the extension of the south line of said Tract C 50 feet to the southeast corner of said Tract C, then westerly 148 feet along the south line of said Tract C to the southwesterly corner of Tract B, R.L.S. 692, then north 154.13 feet, then westerly to a point on the easterly line of Block 1, Richfield Plaza Addition 48 feet south of the southeast corner of Lot 5, Block 7, Nicollet Homes Second Addition, as measured at right angles to the south line of Nicollet Homes Second Addition; then westerly 321.19 feet parallel to the north line of Block 1, Richfield Plaza Addition, then southwesterly 181.21 feet along a tangential curve, concave to the southeast, radius 230 feet central angle 45 degrees, 08 minutes, 32 seconds, then southwesterly 47.92 feet tangent to said curve, then southwesterly 180.64 feet along a tangential curve concave to the northwest, radius 230 feet, central angle 45 degrees, then westerly 244 feet to the east right-of-way line of the Soo Line Railway, then south along said railroad right-of- way line to a point 141.56 feet north of the center line of 66th Street, then east and at right angles to the railroad right-of-way 282 feet, then south and at right angels to the north right-of-way line of 66th Street 71.56 feet, then west and parallel to the north right-of-way line of 66th Street 15 feet, then south and at right angles to the north right-of-way line of 66th Street to the center line of 66th Street, then east on said center line to the point of beginning. F. Section 3, Paragraph (39) is amended to read as follows: (39) M-5 (NW corner. 66th and Portland) That area lying between the center lines of 66th Street and a line distant 150 feet north and parallel to said center line. and between the west right-of-way line of Portland Avenue and a line distant 125 feet west and parallel to said right-of-way line, excluding public streets. Fifth and G. Section 12, Paragraph (15) is amended to read as follows: (15) M-5 (SF= nnrY°r 64th and Pleara„+Pleasant, E side, 64th to 65th) Lots 6 through 10, Block 5, Rearrangement of Nicollet Homes Second Addition and that area between Pleasant and Pillsbury Avenues between 65th Street and the south line of Rearrangement of Nicollet Homes Second Addition, except that area between the west right-of-way line of Pillsbury Avenue and a line distant 122 feet west and parallel to said right-of-way line, and between the south line of Rearrangement of Nicollet Homes Second Addition and a line distant 65 feet south and parallel to said south line. H. Section 12, Paragraph (33) is amended to read as follows: 9- q (33) M-17 (E side of Chicago, S-efbetween 71st and 72nd) That area lying between Elliott Avenue and Chicago Avenue, and between Zubert's Elliott Avenue Addition and a line parallel with and distant 70 feet north from the north line of Zubert's Elliott Avenue Addition (Added, Bill No. 1993-17), and that area lying between the center lines of Chicago Avenue and Block 12, Fallden's Third Addition and between the center lines of Chicago Avenue and Block 4, Zubert's Elliot Avenue Addition, and between the center line of 72nd Street and the north line of Zubert's Elliot Avenue Addition Block 4. 1. Section 12, Paragraph (37) is added to read as follows: 37) M-5 (NE corner of 66th and 5th Avenues) That area Ivina between the center lines of Fifth and Portland Avenues and between the center line of 66th Street and the south line of Block 1. Bauman-Wheelock Addition, except that area distant 150 feet north and parallel to said center line, and between the west right-of-way line of Portland Avenue and a line distant 125 feet west and parallel to said riaht-of-wav line. and excluding public streets. J. Section 12, Paragraph (38) is added to read as follows: (38) M-17 (SW corner 71st and Chicago) That area lying between the east line of Block 1, Wallace's Sunnyside Acres Sixth Addition and the center line of Chicago Avenue and between the center line of 71st Street and a line distant 140 feet south and parallel to said center line. K. Section 13, Paragraph (16) is added to read as follows: (16) M-9 (N side 66th at Upton) The west 1/2 of the south 1/2 of lot 12, Richfield Gardens- and lot A of Registered Land Survey No. 1018. 2.01 This amendment constitutes a rezoning of the following property: 200 65th Street West, 212 65th Street West, 500 66th Street East, and 6437 Pleasant Avenue South from C-2 to MR-2; 2740 66th Street West from C-2 to MR-3; 7100 Chicago Avenue South, 7115 Chicago Avenue South, 7121 Chicago Avenue South, 7127 Chicago Avenue South, 7137 Chicago Avenue South, and 7145 Chicago Avenue South from C-1 to MR-2; 7009 Nicollet Avenue South from C-1 to R; 6430 Pillsbury Avenue South from C-2 to R. Passed by the City Council of the City of Richfield, Minnesota this 13th day of December, 1999. ATTEST: Martin J. Kirsch, Mayor Thomas P. Ferber, City Clerk 9-S • 0 Q Z LLI TC i U H "NEI ?.V ?N a ..r L V a z Z O N 3 W Z Z g CL a V _ W N O Z g 0 Z Z O N W 0 D Q f`l N M (V (11 (V c1l N N N U U U U U U U U U U U U U W W W W W W N x F- o x F- x H ? M F" % Q < Q U Q a U Q s uU Q < U Q Q U o ?•' N .? a a C Cl O O O -- t` l` vi C% O t- a ^ l l C M M M ell Cl V l n N t? t- . r- . l? . . l- t- t- c ? Q 0 r, ?D a -? a m m c ?- al aci m c d y?? O Me ie 4) LL a? ?w- Q N N C C E 0 0 ?p L L C eo?_=I a E o 0 N m C E d LL E r c m a.r- y Q CO Q- LIJ J Q Q' Ol C N cm 7 O C ?a>oLa S2 E CC> O wV 7? E E Oo U =p•N E N d E N LL a`= =0 N C C)-6 L- N y N ?f C_ z _ N C? UUM,'? H F N L r 0 T G4 C7 9 ri) 0 F+1 IL) 0U m C N E -6 Q any Jepao any KMI any ?m any uua a ?a CD C0 v t ?o I rc v Eapaa= w oE??`??e??I?$? -E E 8 ?-O1?L pu?B pp$E e sc5 r a ';cr O7NrcK ca" do, DN 1 0 mi OEM EDE EM EEB Esw 19 E® HE a? IM mgh Him 02 8 r e ? IL QZ Y??1 I ? r r t a? Z I I any JBPGO cm ® m mmmwm?m ffE; SmffE •rru: ,noon a a .S•i ^f^•di?l U 8ny a ®® EEEM His 0 f2z .? a ny a1epw( U OF /W any 0 U c a? E cr3 Q EER 71 9,2 ® o ?= Y v th j 3 ®® ESHEE r® 82Z12??'`ZT? d e az F 'O® uuu t unu Inn ?au? nM... •? u o? N Z '? L L L NC ('p O (^O N l? I? 8 CITY OF RICHFIELD, MINNESOTA Council Letter No. 314 Agenda December 13, 1999 Issue Statement: Public hearing on the consideration of a resolution authorizing the issuance of up to $20,000,000 of Senior Housing Revenue Bonds, Series 2000A and 20008. Background: On October 18, 1999 the Richfield Housing and Redevelopment Authority (HRA) accepted the terms to a Contract for Private Redevelopment with Richfield Senior Housing, Inc. for the redevelopment of a portion of the Lyndale Gateway area. The Richfield Senior Housing development is planned for the east side of Lyndale Avenue and the west side of Garfield Avenue between 76th and 77th Streets. This development will include a 161 unit senior apartment complex with 38,000 sq. ft. of adjoining office space. Richfield Senior Housing has requested that the City of Richfield be the issuing body for the bonds necessary in order to acquire the property and construct the development. These bonds would be limited obligations of the City. The principal of the bonds and the associated interest would be payable solely from the revenues pledged by Richfield Senior Housing, Inc. According to the bond documents, the holder of the bonds shall not ever have the right to compel any exercise of the taxing power of the City to pay the fe bonds or interest, nor shall the bonds constitute a debt for the City. If approved, the bonds are expected to close in early February. Recommended Motion: Conduct a public hearing and adopt a resolution authorizing the issuance of up to $20,000,000 in Senior Housing and Revenue Bonds, Series 2000A and 2000B in accordance with the attached bond documents. Basis of Recommendation: 1. The HRA has entered into a Contract for Private Redevelopment with Richfield Senior Housing, Inc. for the redevelopment of a portion of the Lyndale Gateway area. 2. Richfield Senior Housing, Inc. has requested that the City be the issuer of the bonds necessary in order to acquire the property and construct the development. 3. The bonds would be of limited obligations of the City and would be payable solely from the revenues pledged by Richfield Senior Housing, Inc. Alternative Recommendation: 1. Do not approve the issuance of the bonds, in which case the financing of the development is unlikely. 0 2. Defer a decision on the issuance of bonds until the January 10, 2000 City Council meeting, however, the bond underwriter would prefer to market the bonds prior to this date which requires Council approval. Discussion/Decision Mode: Full bond documentation is available in the Community Development Department for your review. Ily submitted, SamaTltha Orduno City Manager SO:cak 0 8-2- RESOLUTION NO. • RESOLUTION AUTHORIZING SALE OF SENIOR HOUSING REVENUE BONDS WHEREAS, the City Council of the City of Richfield, Minnesota, is authorizing the issuance, sale, and delivery of Senior Housing Revenue Bonds (Richfield Senior Housing, Inc. Project), Series 2000A and 2000B, in the original aggregate principal amount of up to $20,000,000 (the "Bonds"), which Bonds and the interest and any premium thereon shall be payable solely from the revenues pledged pursuant to the Indenture of Trust; approving the form of and authorizing the execution and delivery of the Indenture of Trust, the Bond Purchase. Agreement, the Loan Agreement, the Preliminary Official Statement and the Official Statement; approving the form of and authorizing the execution and delivery of the Bonds; and providing for the security, rights, and remedies of the holders of the Bonds; and WHEREAS, the City of Richfield, Minnesota (the "Issuer"), is a home rule charter city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the Issuer is authorized to issue its revenue bonds or obligations in such principal amount as, in the opinion of the Issuer, is necessary to provide sufficient funds for financing a "development" as defined in the Act; and WHEREAS, Richfield Senior Housing, Inc., a Minnesota nonprofit corporation (the "Borrower") intends to acquire and construct a 130-unit senior housing facility and an attached 31-unit assisted living facility in the City of Richfield (collectively, the "Project"); and WHEREAS, the Issuer proposes to finance the Project pursuant to the Act and this Resolution by the issuance of the Bonds; and WHEREAS, the Bonds will be issued under an Indenture of Trust, as hereinafter defined, and a pledge and assignment of certain other revenues, all in accordance with the terms of the Indenture of Trust, and the Bonds and the interest on the Bonds shall be payable solely from the revenues pledged therefor and the Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation, nor shall the Bonds constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the Project; and WHEREAS, the Issuer on the date hereof has held a public hearing with respect to the Chapter 462 Housing Program (the "Program") relating to the issuance of the Bonds with respect to the Project in accordance with the requirements of the Act and 19 Section 147(f) of the Internal Revenue Code of 1986, as amended; S-3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The Program is hereby approved. For the purpose of financing the Project, as well as the establishment of a reserve to secure the Bonds and the payment of all other expenditures of the Issuer incident to and necessary or convenient to carry out the purposes of the Project, there is hereby authorized the issuance, sale and delivery of the Bonds in the original aggregate principal amount not to exceed $20,000,000. The Bonds shall be in such principal amounts, shall be numbered, shall be dated, shall mature within forty years of the date of issuance thereof, shall be subject to redemption prior to maturity, and shall be in such form and have such other details and provisions as are prescribed in the Indenture of Trust (the "Indenture"), between the Issuer and U.S. Bank Trust National Association, as trustee (the "Trustee"), substantially in the form now on file with the Issuer. The Bonds shall bear interest at the rates established by the marketing of the Bonds; provided that the average weighted interest rate on the Bonds shall not exceed eight percent per annum. Notwithstanding the preceding, the Mayor may establish or change the maturity dates for the Bonds, the principal amount of the Bonds maturing on any date of maturity, the principal amounts of the Bonds subject to redemption, and the dates of redemption of the Bonds. The forms of the Bonds included in the Indenture are approved in substantially the forms in the Indenture, subject to such changes not inconsistent with this resolution and applicable law, and subject to such changes that are approved by the Mayor. The issuance and delivery of the Bonds shall be conclusive evidence that the Mayor has approved all provisions of the Bonds as issued and any changes to the forms of the Bonds on file with the Issuer on the date hereof. 2. The Bonds shall be special obligations of the Issuer payable solely from the revenues, provided by the funds pledged pursuant to the Indenture. The Issuer hereby authorizes and directs the Mayor and the City Manager of the Issuer to execute and deliver the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the forms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the Issuer, and the Trustee, as set forth therein. All the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery of the Indenture. The Indenture shall be substantially in the form now on file with the Issuer, with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor, in the Mayor's discretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such determination. 3. The Mayor and City Manager of the Issuer are hereby authorized and directed to execute and deliver the Loan Agreement (the "Loan Agreement") among the Issuer and the Borrower, providing for the loan of the proceeds of the Bonds to the Borrower. All of the provisions of the Loan Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery of the Loan Agreement. The Loan Agreement shall be substantially in the form now on file with the Issuer with such variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor, in the Mayor's discretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such determination. 4. The Mayor and City Manager are hereby authorized and directed to execute the Bond Purchase Agreement, among the Issuer, Dougherty Summit Securities LLC (the "Underwriter"), and the Borrower (the "Bond Purchase Agreement"), relating to the Series 2000A Bonds. All of the provisions of the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery of the Bond Purchase Agreement. The Bond Purchase Agreement shall be substantially in the form now on file with the Issuer, with such necessary and appropriate variations. omissions, and insertions as do not materially change the substance thereof, or as the Mayor, in the Mayor's discretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such determination. 5. The Trustee is hereby appointed the custodian of the funds and accounts created under the Indenture and the paying agent and bond registrar with respect to the Bonds. 6. The Mayor and City Manager are hereby authorized to execute and deliver, on behalf of the Issuer such other certificates, instruments, and other documents as are necessary, customary, or appropriate in connection with the issuance, sale, and delivery of the Bonds, or are necessary to establish the validity or enforceability of the Bonds, or are required by Bond Counsel to establish the validity or enforceability of the Bonds or the exclusion from gross income of interest on the Bonds for purposes of Federal and State of Minnesota income taxation (including a certificate as to the status of the Bonds as "arbitrage bonds," an Information Return for Tax- Exempt Private Activity Bonds Issues, Form 8038, UCC-1 financing statements, and an assignment of mortgage to the Trustee). 7. The Issuer hereby consents to the distribution of the Preliminary Official Statement, relating to the Bonds (the "Preliminary Official Statement"). The Issuer hereby consents to the use by the Underwriter of the final Official Statement substantially in the form of the Preliminary Official Statement described above (the "Official Statement") in connection with the offer and sale of the Bonds. The Preliminary Official Statement and the Official Statement are the sole materials consented to by the Issuer for use in connection with the offer and sale of the Bonds. The Issuer has not participated in the preparation of the Preliminary Official Statement or the Official Statement and takes no responsibility for and makes no representation or warranty as to the accuracy or completeness of such information. 8. All covenants, stipulations, obligations, and agreements of the Issuer contained in this resolution and the aforementioned certificates, instruments, and B-5 documents shall be deemed to be the covenants, stipulations, obligations, and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, and agreements shall be binding upon the Issuer. No covenant, stipulation, obligation, or agreement herein contained or contained in the aforementioned certificates, instruments, or documents.shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council of the Issuer, or any officer, agent, or employee of the Issuer in that person's individual capacity, and neither the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant, or agreement contained in the aforementioned certificates, instruments, or documents, or in the Bonds, or in any other document related to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to any pecuniary liability of the Issuer or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the Issuer has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 9. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer or any holder of the Bonds issued under the provisions of this resolution any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and any holder from time to time of the Bonds issued under the provisions of this resolution. 10. In case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. 11. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Bonds, and precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 0 8, ? 12. The officers of the Issuer and its attorneys, agents and employees are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned certificates, instruments, or documents, and the Bonds for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned certificates, instruments, and documents, and this resolution. In the event that for any reason the Mayor is unable to carry out the execution of any of the documents or other acts provided herein, the Acting Mayor shall be authorized to act in the capacity of the Mayor and undertake such execution or acts on behalf of the Issuer with full force and effect, which executions or acts shall be valid and binding on the Issuer. If for any reason the City Manager of the Issuer is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any other officer of the Issuer, with the same force and effect as if such documents were executed and delivered by the City Manager. If the person whose signature appears on any of the foregoing certificates, instruments, or documents as the Mayor or City Manager shall cease to be the Mayor or City Manager, respectively, before the date of issuance of the Bonds such signature shall, nevertheless, be valid and sufficient for all purposes. 13. This resolution shall be in full force and effect from and after its passage. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk E `7B CITY OF RICHFIELD, MINNESOTA Council Letter No. 313 Agenda December 13, 1999 Issue Statement: Renewal of a pawnbroker and secondhand goods dealer license for Plaza Pawn, 6414 Nicollet Avenue, for year 2000. Background: On November 24, 1999, the City received the application and other required documents for the pawnbroker and secondhand goods dealer license for Plaza Pawn. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Dorothy Krieger is the owner of this establishment. She has no known criminal record. • Ms. Krieger no longer has a City firearms dealer's license. • A copy of the Articles of Incorporation has been provided and is on file with the City. • The $1,500 bond will be provided as soon as possible. is There were four Public Safety contacts with Plaza Pawn from November 1998 through October 1999. This compares with three contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental Health staff received one complaint in 1999 which involved graffiti. Plaza Pawn was notified and no further complaints have been received. The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. Recommended Motion: Approve the renewal of a pawnbroker and secondhand goods dealer license for Plaza Pawn for year 2000. Basis of Recommendation: 1. The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods dealer licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. 0 I e)- I Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, the Council should consider the granting of the temporary license to allow the applicant to continue their pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. 2. Their current license expires January 1, 2000; therefore, if the Council decides to continue the hearing beyond December 13, 1999, any subsequent hearing should be held before the license expires. Discussion/Decision Mode: Request for the renewal of Plaza Pawn's pawnbroker and secondhand goods dealer license and the public hearing to consider the request is presented for Council approval at this time. Respectfully submitted, Sa tha Orduno City Manager • SO:cak 0 1?48_2 PLAZA PAWN PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 Total Contacts 3 4 Criminal Contacts 2 4 Incidents (Included in Criminal Contacts) (0) (3) Alarm (2) (1) Misc. Non-Criminal 1 0 Assists (1) (0) Traffic (0) (0) • Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from November 1998 to October 1999 were two threats, one robbery alarm, and one property damage hit & run. (Numbers in parenthesis are included in total contact figures) PLAZA PAWN Officers 1999 Dorothy Krieger Owner Hal Krieger Manager L? CITY OF RICHFIELD, MINNESOTA -7)q Council Letter No. 312 Agenda December 13, 1999 Issue Statement: Issuance of a pawnbroker and secondhand goods dealer license for Metro Pawn and Gun, Inc., 7529 Lyndale Avenue, for year 2000. Background: On December 1, 1999, the City received the application and other required documents for the pawnbroker and secondhand goods dealer license for Metro Pawn and Gun, Inc. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Mr. 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. • Mr. Nichols owns Nichols Electronics located at 1511 South Fourth Street in Minneapolis, MN. • Mr. Nichols also owns, with his wife, Metro Pawn and Jewelry, 8820 Lyndale Avenue, Bloomington, MN. • Mr. Nichols holds a Federal Firearms License, U.S. Treasury Bureau of Tobacco, Alcohol and Firearms, and has a City firearms dealer's license. • A copy of the Articles of Incorporation has been provided and is on file with the City. • The $1,500 bond will be submitted no later than December 31, 1999. There were 13 Public Safety contacts with Metro Pawn and Gun, Inc. from November 1998 through October of 1999. This compares to 14 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental Health staff has not received any complaints in 1999. The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. Recommended Motion: Approve the renewal of a pawnbroker and secondhand goods dealer license for Metro Pawn and Gun, Inc., 7529 Lyndale Avenue, with the following stipulation: 1. That the $1,500 bond information is submitted no later than December 31, 1999. 0 I A, I Basis of Recommendation: 1. 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 submittal of their bond information. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond December 13, 1999, the Council should consider the granting of the temporary license to allow the applicant to continue their pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Metro Pawn and Gun, Inc.'s pawnbroker and secondhand goods dealer license has been scheduled for December 13, 1999. Their current license expires January 1, 2000; however, if the Council decides to continue the hearing beyond December 13, 1999, any subsequent hearing should be held before the license expires. Ily submitted, rduno SO:cak 0 METRO PAWN & GUN PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 Total Contacts 14 13 Criminal Contacts 11 10 Incidents (Included in Criminal Contacts) (4) (6) Alarm (7) (4) Misc. Non-Criminal 3 3 Assists (1) (1) Traffic (0) (0) Inspections/Licensing (2) (2) Medical/Fire (0) (0) The criminal contacts from November 1998 to October 1999 were two burglary alarms, two suspicious persons, two robbery alarms, three suspicious activity, and one business burglary in progress. (Numbers in parenthesis are included in total contact figures) METRO PAWN & GUN Officers 2000 Mark Nichols Owner James Thomas Blanche General Manager John Alan Kunst Store Manager • CITY OF RICHFIELD, MINNESOTA Council Letter No. iii 0 Agenda December 13, 1999 Issue Statement: Renewal of on-sale wine and 3.2 percent malt liquor license for Subeck Incorporated, d/b/a Ketsana's Thai Restaurant, 7545 Lyndale Avenue, for year 2000. Background: On November 8, 1999, the City received the renewal applications and other required documents for the on-sale wine and 3.2 percent malt liquor licenses for Ketsana's Thai Restaurant. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • 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. i • All general real estate taxes, State sales and withholding taxes have been paid and are current. • The required proof of liquor liability insurance coverage has been received showing General Star Indemnity Insurance Company as affording the required coverage. • An accountant's statement has been prepared and submitted. This statement covers the period from November 1998 through October 1999 and indicates that food sales accounted for 97% of the total sales, while 3.2 percent malt liquor and on- sale wine sales accounted for 3% of the total sales. • There were five Public Safety contacts with Ketsana's Thai Restaurant from November 1998 through October 1999. This compares to two contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received no complaints in 1999 regarding Ketsana's Thai Restaurant. • On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 8714, 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 stipulations requiring notification of neighbors of issuance or renewal of on-sale wine or 3.2 percent malt liquor licenses. • The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 1999. w__ I • On March 4, 1999, Ketsana's Thai Restaurant was cited for the sale of alcohol to • underage youth. They were fined $500 and received a two-day suspension. On July 16, 1999, Ketsana's Thai Restaurant was cited for the second time for the sale of alcohol to underage youth. They were fined $1500 and received a five-day suspension of their license. Recommended Motion: Approve the renewal of the on-sale wine and 3.2 percent malt liquor license for Subeck Inc., d/b/a Ketsana's Thai Restaurant for year 2000 with the following stipulation: 1. That the requirements in Resolution No. 8714 are met. Basis of Recommendation: 1. The applicant has complied with all of the provisions of both the City code and State Statute pertaining to on-sale wine and 3.2 percent malt liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted by the Public Safety Department, there appears to be no reason to deny the issuance of the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, the Council should consider the granting of a license extension to allow the applicant to continue to sell on-sale wine and 3.2 percent malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation, must, according to 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 Sections 14.57 to 14.70 of the Administrative Procedure Act. 3. Their current licenses expire January 1, 2000. Therefore, if the Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Discussion/Decision Mode: for the Renewal of Subeck Incorporated, d/b/a Ketsana's Thai Restaurant's on-sale wine and 3.2 percent malt liquor licenses and the public hearing to consider the requests are presented to the Council for approval at this time. Resp ully submitted, 3ha Orduno City Manager SO:ds U-2- KETSANA'S THAI RESTAURANT PUBLIC SAFETY CONTACTS November 1998 - October 1999 TOTAL CONTACTS CRIMINAL CONTACTS Incidents (see bottom of page for specifics) 0 Alarm MISC. NON-CRIMINAL Assists Traffic Inspections/Licensing Medical/Fire 1 (0) (0) 1 (0) (0) (0) (1) 1999 5 2 (2) (0) 3 (0) (0) (2) (1) The criminal contacts from November 1998 through October 1999 were one threat and one follow-up investigation. KETSANA'S THAI RESTAURANT Directors and Officers Ketsana Bechtel Owner and Manager Scott Bechtel Owner 1998 2 • CITY OF RICHFIELD, MINNESOTA Council Letter N0.310 Agenda December 13, 1999 Issue Statement: Renewal of an 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, for year 2000. Background: On December 1, 1999 the City received the renewal applications and other required documents for the on-sale wine and 3.2 percent malt liquor licenses for Red Pepper Chinese Restaurant. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization remains unchanged. Ricky Kiang is serving as President, Vice President, Secretary and Treasurer. Mr. Kiang continues to serve as the General Manager of the restaurant. He has no known criminal record. • 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 Farmers Insurance Group as affording the required coverage. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1998 through September 1999 and indicates that food sales accounted for 98.7% of the total sales, while 3.2 percent malt liquor and on-sale wine sales accounted for 1.3% of the total sales. • There were five Public Safety contacts with Red Pepper from November 1998 through October 1999. This compares to three contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received no complaints in 1999. • On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 8714, 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 issuance or renewal of on-sale wine or 3.2 malt liquor license. • The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 1999. Recommended Motion: Approve the renewal of the on-sale wine and 3.2 percent malt liquor licenses for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, for year 2000, with the following stipulation: 1. That the requirements in Resolution No. 8714 are met. Basis of Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and 3.2 percent malt liquor licenses. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. 3. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the license not be revoked or suspended. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, the Council should consider the granting of a license extension to allow the applicant to continue to sell on-sale wine and 3.2 percent malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the license. 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. 3. Their current license expires January 1, 2000. Therefore, if the Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Discussion/Decision Mode: Renewal of Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant's on-sale wine and 3.2 percent malt liquor licenses and the public hearing to consider the request is presented for Council approval at this time. Respe Ily submitted, Sa ha Orduno City Manager SO:ds 6x-7- RED PEPPER CHINESE RESTAURANT PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 TOTAL CONTACTS 3 5 CRIMINAL CONTACTS 2 5 Incidents (see below for specifics) (0) (0) Alarm (2) (5) MISC. NON-CRIMINAL 1 0 Assists (0) (0) Traffic (1) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from November 1998 to October 1999 were five burglary alarms. (Numbers in parenthesis are included in total contact figures) KIANG'S RED PEPPER RESTAURANT Officer and Directors Ricky Kiang President, Vice President and Treasurer CITY OF RICHFIELD, MINNESOTA ? J- W Council Letter No. 309 Agenda December 13, 1999 Issue Statement: Renewal of on-sale wine and 3.2 percent malt liquor licenses for Gin Ng Inc. d/b/a Silver Spoon Restaurant, 6700 Penn Avenue, for year 2000. Background: On November 5, 1999, the City received the renewal applications and other required documents for the on-sale wine and 3.2 percent malt liquor licenses for Silver Spoon Restaurant. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate. structure of the organization remains unchanged from last year. Gin Ng continues to serve as the General Manager of the restaurant and Oi Chi Lau as the treasurer. Neither of these individuals has any known criminal record. • The building and property continue to be owned by Kenneth Youngberg, and the lease between the applicant and the landlord continues to be in effect with all payments current. • All general real estate taxes, state sales and withholding taxes have been paid and are current. • The applicant has supplied proof of liquor liability insurance coverage showing Mount Vernon Insurance Company as affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. • Due to a robbery in October 1999, accounting records are not available. However, the applicant has reported the yearly food and alcohol sales to the best of his ability. Food sales accounted for 98.5% of the total sales, while 3.2 percent malt liquor and on-sale wine sales accounted for 1.5% of the total sales. • There were 10 Public Safety contacts with Silver Spoon Restaurant from November 1998 through October 1999, as compared to 11 contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received two complaints in 1999 regarding Silver Spoon Restaurant. They were related to long grass and graffiti. Both issues were resolved and no further complaints have been received by staff. • On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 8714, 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 wine or 3.2 percent malt liquor license. (P_ -1 • The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 1999. • On April 13, 1999, Silver Spoon Restaurant was cited for sale of alcohol to underage youth. This was their first violation. They were fined $500 and received a two-day suspension of their license. Recommended Motion: Approve the renewal of the on-sale wine and 3.2 percent malt liquor licenses for Gin Ng, Inc., d/b/a Silver Spoon Restaurant for the year 2000, with the following stipulation: 1. That the requirements in Resolution No. 8714 are met. Basis of Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and 3.2 percent malt liquor licenses. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, the Council should consider the granting of a license extension to allow the applicant to continue to sell on-sale wine and 3.2 percent malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to 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 Sections 14.57 to 14.70 of the Administrative Procedure Act. 3. Their current licenses expire January 1, 2000. Therefore, if the Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Discussion/Decision Mode: Request for the renewal of Gin Ng Inc., d/b/a Silver Spoon Restaurant's on-sale wine and 3.2 percent malt liquor licenses and the public hearing to consider the request are presented for Council approval at this time. Res 5aal ly submitted, or uno • City Manager SO:ds 6J,2- • 0 SILVER SPOON RESTAURANT PUBLIC SAFETY CONTACTS November 1998 - October 1999 TOTAL CONTACTS CRIMINAL CONTACT Incidents (see below for specifics) Alarm MISC. NON-CRIMINAL Assists Traffic Inspections/Licensing Medical/Fire 1998 1999 11 10 9 6 (7) (6) (0) (0) 2 4 (0) (0) (2) (2) (0) (1) (0) (1) The criminal contacts from November 1998 to October 1999 were one vandalism, one theft delayed, one robbery just occurred, one robbery in progress, one malicious mischief and one open door/window. (Numbers in parenthesis are included in total contact figures) SILVER SPOON RESTAURANT Directors and Officers Gin Ny President and General Manager Oi Chi Lau Treasurer 0 61 CITY OF RICHFIELD, MINNESOTA Council Letter No.308 46 Agenda December 13, 1999 Issue Statement: Renewal of on-sale wine and 3.2 percent malt liquor license for The Frenchman's, 1400 East 66th Street, for year 2000. Background: On November 18, 1999 the City received the renewal applications and other required documents for the on-sale wine and 3.2 percent malt liquor licenses for The Frenchman's. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization remains unchanged from last year. Mary Blake continues serving as President, and Dean Blake is serving as Vice-President, Secretary and Treasurer. Mary Blake will also continue serving as the General Manager of the restaurant. Neither of these individuals has any known criminal record. • A 10-year contract for deed with William and Joan Snyder continues to be in effect with all payments current. • All general real estate taxes, state sales and withholding taxes have been paid and are current. • The required proof of liquor liability insurance coverage and workers' compensation insurance will be submitted as soon as possible. • An account's statement has been prepared and submitted. This statement covers the period from November 1998 through September 1999 and indicates that food sales accounted for 52% of the total sales, while 3.2 percent malt liquor and on-sale wine sales accounted for 48% of the total sales. • There were 17 Public Safety contacts with the Frenchman's from November 1998 through October 1999 as compared to three contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received no complaints in 1999 regarding The Frenchman's. • On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 8714, which outlines the discipline the establishment 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 wine or 3.2 percent malt liquor license. • The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 1999. (01-' • On July 16, 1999, The Frenchman's was cited for the sale of alcohol to underage youth. This was their first violation. They were fined $500 and received a two-day suspension of their license. Recommended Motion: Approve the renewal of the on-sale wine and 3.2 percent malt liquor licenses for The Frenchman's, for year 2000, with the following stipulations: 1 That the requirements in Resolution No. 8714 are met. 2. That their liquor liability and workers' compensation insurance information is submitted as soon as possible. Basis of Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to a on-sale wine and 3.2 percent malt liquor license with the exception of the submittal of their liquor liability and workers' compensation insurance information. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, the Council should consider the granting of a license extension to allow the applicant to continue to sell on-sale wine and 3.2 percent malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to 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 Sections 14.57 to 14.70 of the Administrative Procedure Act. 3. Their current licenses expire January 1, 2000. Therefore, if the Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Discussion/Decision Mode: Renewal of The Frenchman's on-sale wine and 3.2 percent malt liquor licenses and the public hearing to consider the requests are presented for Council approval at this time. Ma lly submitted, Orduno City Manager SO:ds b1_2 THE FRENCHMAN'S PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 TOTAL CONTACTS 3 17 CRIMINAL CONTACTS 3 14 Incidents (see below for specifics) (2) (11) Alarm (1) (3) MISC. NON-CRIMINAL 0 3 Assists (0) (2) Traffic (0) (0) Inspections/Licensing (0) (1) Medical/Fire (0) (0) The criminal contacts from November 1998 to October 1999 were three burglary alarms, one miscellaneous state violation, one vehicle theft just occurred, two theft delayed, one suspicious activity, one threat, one disturbance, one drunkenness, one assault delayed, one miscellaneous city violation, and one property damage accident. (Numbers in parenthesis are included in total contact figures.) FRENCHMAN'S Directors and Officers Mary Blake President & General Manager Dean Blake Vice-President 1.J CITY OF RICHFIELD, MINNESOTA (oJ4 Council Letter No.307 Agenda December 13, 1999 Issue Statement: 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, for year 2000. Background: On October 25, 1999, the City received the renewal application and other required documents for the on-sale wine and 3.2 percent malt liquor licenses for Thompson's Fireside Pizza, Inc. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure has remained the same as last year. Richard Bruce Thompson continues to serve as President, and Richard Orville Thompson serves as Vice-President. Michelle Thompson serves as Secretary and Treasurer. Richard Bruce Thompson continues to serve as general manager of the restaurant. None of these individuals has any known criminal record. • Proof of liquor liability insurance, and workers' compensation will be provided as soon as possible. • All general sales, real estate and withholding taxes have been paid and are current. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1998 through September 30, 1999 and indicates that food sales accounted for 92.16% of the total sales, while liquor sales accounted for 7.84% of the total sales. • There were three Public Safety contacts with Thompson's Fireside Pizza, Inc. from November 1998 through October 1999. This compares with five contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received no complaints regarding Thompson's Fireside Pizza in 1999. • On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 8714, 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 wine and 3.2 percent malt liquor. • The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 1999. Recommended Motion: Approve the renewal of the on-sale wine and 3.2 percent malt liquor license for Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, for year 2000 with the following stipulation: 1. That the requirements in Resolution No. 8714 are met. 2. That proof of liquor liability and workers' compensation insurance are submitted as soon as possible. Basis of Recommendation: 1. 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. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, the Council should consider the granting of a license extension to allow the applicant to continue to sell on-sale wine and 3.2 percent malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to 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 OR opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza's on-sale wine and 3.2 percent malt liquor licenses has been scheduled for December 13, 1999. These licenses expire January 1, 2000. Therefore, if the Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Respec ly submitted, S n Orduno City Manager SO:ds 0 &N z THOMPSON'S FIRESIDE PIZZA PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 TOTAL CONTACTS 5 3 CRIMINAL CONTACTS 5 2 Incidents (see below for specifics) (5) (2) Alarm (0) (0) MISC. NON-CRIMINAL 0 1 Assists (0) (1) Traffic (0) (0) Inspections/Licensing (0) (0) is Medical/Fire (0) (0) The criminal contacts from November 1998 to October 1999 were one suspicious person and one disturbance. (Numbers in parenthesis are included in total contact figures) THOMPSON'S FIRESIDE PIZZA Officer and Directors Richard B. Thompson President Richard O. Thompson Vice-President Michelle Thompson Secretary and Treasurer ? 0 CITY OF RICHFIELD, MINNESOTA lC/ Council Letter No.306 0 Agenda December 13, 1999 Issue Statement: Renewal of club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue, for year 2000. Background: On October 21, 1999, the City received the renewal applications and other required documents for the club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Don Southerton was elected as a new post officer in 1999. He will be serving as Vice- President. Billy Stone continues to serve as President. A copy of the list of officers is attached to this letter. Janet Gallas now serves as the club manager. 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. • 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 and workers' compensation insurance coverage has been submitted and shows CGU Insurance affording the coverage. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1998 through September 1999 and indicates that food sales accounted for 31 % of the total sales while liquor sales accounted for 69% of the total sales. • There were 48 Public Safety contacts with the American Legion from November 1998 through October 1999. This compares with 44 contacts for the previous year. A breakdown of these contacts is attached to this letter. • There were no environmental health complaints received during this time period. • Club on-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 8714, 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 a club on-sale and Sunday liquor license. • The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 1999. • On July 16, 1999, the Richfield American Legion was cited for the sale of alcohol to underage youth. This was their first violation. They were fined $500 and received a two-day suspension of their license. Cr e -I Recommended Motion: Approve the renewal of the club on=sale and Sunday liquor licenses for Minneapolis- Richfield American Legion Post 435 for year 2000, with the following stipulations: 1. That the requirements in Resolution No. 8714 are met. 2. That the $10,000 bond is submitted as soon as possible. Basis of Recommendation: 1. 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 the submittal of their $10,000 bond. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, 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. 2. The Council could decide to 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. 3. These licenses expire January 1, 2000. Therefore, if Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Discussion/Decision Mode: Renewal of Minneapolis-Richfield American Legion Post 435 club on-sale and Sunday liquor licenses and the public hearing to consider the requests are presented to the Council for approval at this time. ly submitted, ama a Orduno Ci anager . SO:ds 6&-4 MPLS. - RICHFIELD AMERICAN LEGION POST 435 PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 TOTAL CONTACTS 44 48 CRIMINAL CONTACTS 33 37 Incidents (See below for specifics) (29) (27) Alarm (4) (10) MISC. NON-CRIMINAL 11 11 Assists (2) (1) Traffic (3) (1) Inspections/Licensing (0) (3) Medical/Fire (6) (6) The criminal contacts for November 1998 to October 1999 were one DWI, three disturbances, three drunkenness, one assault just occured, three thefts, one theft no pay, nine burglary alarms, one robbery alarm, two suspicious persons, one detox, one welfare check, two follow-up investigations, one miscellaneous state violations, four property damage hit and run, two parking violations, one found property and one disorderly conduct. (Numbers in parenthesis are included in total contact figures) AMERICAN LEGION Directors and Officers 2000 Billy Stone Don Southerton William Brey Mervyn Becker Janet Gallas President Vice-President Secretary Treasurer Club Manager CITY OF RICHFIELD, MINNESOTA CQI Council Letter No. 305 Agenda December 13, 1999 Issue Statement: Renewal of club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, 6401 Lyndale Avenue, for year 2000. Background: On November 8, 1999, the City received the renewal applications and other required documents for the club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555. 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. Thomas Martin now serves as Commander, Leonard Bailey serves as Sr. Vice Commander; Boyd Tate serves as Jr. Vice Commander and Thomas Goalen now serves as Quartermaster. The on-premises manager is Kenneth Westman. 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 property is owned by Woodlake Plaza Partnership, c/o Michael Development. The lease between the applicant and the landlord continues to be in effect with all payments current. • The $10,000 bond issued by Old Republic Surety Company has been submitted. • The required proof of liquor liability insurance coverage has been received showing Commercial Union Insurance as affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. • An accountant's statement is currently being prepared and will be submitted as soon as possible. • There were four Public Safety contacts with Fred Babcock V.F.W. Post No. 5555 from November 1998 through October 1999. This compares with 17 contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received no complaints regarding the V.F.W. in 1999. • Club on-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 8714, 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 a club on-sale and Sunday liquor license. • The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 1999. ? FA • On July 15, 1999, Fred Babcock VFW Post No. 5555 was cited for the sale of alcohol to underage youth. This was their first violation. They were fined $500 and received a two day suspension of their license. Recommended Motion: Approve the renewal of the 2000 club on-sale and Sunday liquor license for Fred Babcock V.F.W. Post No. 5555 with the following stipulation: 1. That the requirements in Resolution No. 8714 are met. Basis of Recommendation: 1. 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. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, 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. is 2. The Council could decide to 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. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Fred Babcock V.F.W. Post No. 5555 club on-sale and Sunday liquor licenses has been scheduled for December 13, 1999. These licenses expire January 1, 2000. Therefore, if the Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Respectfully submitted, Samantha Orduno City Manager SO:ds 6Fz FRED BABCOCK V.F.W. POST 5555 PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 TOTAL CONTACTS 17 4 CRIMINAL CONTACTS 8 4 Incidents (see bottom of page for specifics) (6) (4) Alarm (2) (0) MISC. NON-CRIMINAL 9 0 Assists (2) (0) Traffic (0) (0) Inspections/Licensing (1) (0) Medical/Fire (6) (0) The criminal contacts from November 1998 to October 1999 were one disturbance, one mental case commitment, one theft delayed, and one parking violation. (Numbers in parenthesis are included in total contact figures) V.F.W. 1998 Post Officers Thomas G. Martin Commander Leonard W. Bailey Sr. Vice Commander Boyd A. Tate Jr. Vice Commander Thomas E. Goalen Quartermaster Kenneth R. Westman Club Manager 0 CITY OF RICHFIELD, MINNESOTA Council Letter No.304 Agenda December 13, 1999 Issue Statement: Renewal of on-sale intoxicating and Sunday liquor licenses for The Ground Round of Minnesota, Inc., d/b/a The Ground Round, 1500 East 78th Street, for year 2000. Background: On October 18, 1999, staff received the renewal applications for the on-sale intoxicating and Sunday liquor licenses for the Ground Round. There was a recent merger of the Parent Company, Ground Round Restaurants, Inc. with American Hospitality Concepts, Inc.; however, Ground Round of Minnesota, Inc. is still the operating entity for the restaurant and no changes occurred within that Corporation. All required fees have been paid. Public Safety's investigation is complete and reveals the following: • The corporate structure of the organization remains unchanged. Mark Joseph Lawless continues to serve as President and Treasurer, and Russell Clark Savrann continues to serve as Vice-President and Secretary. Salvatore Joseph Lamarca continues to serve as General Manager. None of these individuals has any known criminal record. • All general sales, real estate and withholding taxes have been paid and are current. Is • The lease with A.G. Bogan (property owner) is in effect and all payments are current. • The $10,000 bond issued by American Manufacturers Mutual Insurance Company has been submitted. • The required proof of liquor liability insurance coverage has been received showing Royal Indemnity Insurance Co. of America as affording the required coverage. Proof of workers' compensation has also been received. • A financial statement has been prepared and submitted. This statement covers the period from November 1998 through October 1999 and indicates that food sales accounted for 67% of the total sales, while liquor sales accounted for 33%0 of the total sales. • There were 25 Public Safety contacts with The Ground Round from October 1998 through October 1999. This compares with 36 contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received one complaint in 1999 regarding The Ground Round. The complaint was a food-related problem. The Bloomington Health Department was notified and there have been no further complaints received by staff. • On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 8714, which outlines the discipline the establishment 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 intoxicating and Sunday liquor licenses. ?A The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 1999. • • On March 4, 1999, the Ground Round was cited for the sale of alcohol to underage youth. This was their first violation. They were fined $500 and received a two day suspension of their license. Recommended Motion: Approve the renewal of the on-sale intoxicating and Sunday liquor licenses for The Ground Round of Minn. Inc., for year 2000 with the following stipulations: 1. That the requirements in Resolution No. 8714 are met. Basis of Recommendation: 1. 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. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, 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. 2. The Council could decide to 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. 3. These licenses expire January 1, 2000. Therefore, if the Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Discussion/Decision Mode: Renewal of The Ground Round of Minn. Inc. on-sale intoxicating and Sunday liquor licenses and the public hearing to consider the requests are presented to the Council for approval at this time. :5tha ully submitted, Orduno City Manager SO:ds bE-?_ GROUND ROUND OF MINNESOTA, INC. . PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 TOTAL CONTACTS 36 25 CRIMINAL CONTACTS 20 22 Incidents (see below for specifics) (16) (19) Alarm (4) (3) MISC. NON-CRIMINAL 16 3 Assists (4) (0) Traffic (5) (2) Inspections/Licensing (5) (1) Medical/Fire (2) (0) The criminal contacts from November 1998 to October 1999 were two theft no pay, one vehicle theft, two burglary alarms, four theft delayed, two suspicious persons, one theft just occurred, one suspicious vehicle, two drunkenness, three disturbances, one property damage hit and run, one miscellaneous City ordinance violation, one warrant arrest, and one fire alarm. (Numbers in parenthesis are included in total contact figures.) THE GROUND ROUND Officers and Directors Mark Lawless President & Treasurer Russell Savrann Vice-President & Secretary Salvatore Lamarca General Manager C7 (ab CITY OF RICHFIELD, MINNESOTA Council Letter No. 303 Agenda December 13, 1999 Issue Statement: Renewal of on-sale and Sunday liquor licenses for Paisan Incorporated d/b/a Khan's Mongolian Barbeque, 500 East 78th Street, for year 2000. Background: On October 25, 1999, the City received the renewal applications and other required documents for the on-sale and Sunday liquor licenses for Khan's Mongolian Barbeque. The applicant has paid the required license 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 continues to serve as the General Manager of the restaurant. Mitchell Law and Sherri (Paisan) Law are sole owners 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 has been received showing Old Republic Surety Company affording the coverage. • The required proof of liquor liability insurance and proof of workers' compensation has been supplied and shows Great American Insurance Company affording the coverage. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1998 through September 1999 and indicates that food sales accounted for 92.5% of the total sales, while liquor sales accounted for 7.1% of the total sales. (Gift certificates accounted for .4% of the total sales.) • There were 7 Public Safety contacts with Khan's from November 1998 through October 1999. This compares with 12 contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received no complaints in 1999. • On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 8714, 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 license. ('0 p°1 • The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 1999. • On July 16, 1999, Khan's Mongolian Barbeque was cited for the sale of alcohol to underage youth. This was their first violation. They were fined $500 and received a two-day suspension of their license. Recommended Motion: Approve the renewal of the on-sale and Sunday liquor license for Paisan Incorporated, d/b/a Khan's Mongolian Barbeque for year 2000 with the following stipulations: That the requirements in Resolution No. 8714 are met. Basis of Recommendation: 1. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, 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. 2. The Council could decide to 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. 3. These licenses will expire January 1, 2000. Therefore, if the Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Discussion/Decision Mode: Renewal of Paisan Incorporated, d/b/a Khan's Mongolian Barbeque on-sale and Sunday liquor licenses and the public hearing to consider the requests are presented for Council approval at this time. Respec ffjjlly submitted, ntha Orduno City Manager SO:ds (?P 2 KHAN'S MONGOLIAN BARBEQUE PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 TOTAL CONTACTS 12 7 CRIMINAL CONTACTS 10 5 Incidents (see below for specifics) (4) (3) Alarm (6) (2) MISC. NON-CRIMINAL 2 2 Assists (1) (1) Traffic (0) (0) Inspections/Licensing (0) (1) R Medical/Fire (1) (0) The criminal contacts from November 1998 to October 1999 were two theft delayed, one warrant arrest, and two burglary alarms. (Numbers in parenthesis are included in total contact figures.) KHAN'S MONGOLIAN BARBEQUE Officer and Directors Mitchel Law President Sherri (Paisan) Law Vice President 0 CITY OF RICHFIELD, MINNESOTA l0? Council Letter No.302 Agenda December 13, 1999 Issue Statement: Renewal of on-sale intoxicating and Sunday liquor licenses for Americana Dining Corporation d/b/a Champps Sports Cafe, 790 West 66th Street, for year 2000. Background: On October 19, 1999, the City received the renewal applications and other required documents for the on-sale intoxicating and Sunday liquor licenses for Champps Sports Cafe. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization has changed from last year. A copy of the list of officers and directors is attached to this letter. None of these individuals has any known criminal record. • 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 General Accident 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 1998 through September 1999 and indicates that food sales accounted for 67% of the total sales, while liquor sales accounted for 33% of the total sales. • There were 72 public Safety contacts with Champps Sports Cafe from November 1997 through October 1998. This compares with 44 contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received two complaints, in 1999 regarding Champps. One complaint involved garbage pickup in the early morning hours. The garbage hauling company and Champps were notified and no further complaints have been received by staff. The other complaint was also a garbage and debris related problem. Champps was notified and no further complaints have been received by staff. • On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 8714, which outlines discipline the establishment 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. i1 • The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 1999. • On July 16, 1999, Champps Sports Cafe was cited for the sale of alcohol to underage youth. This was their first violation. They were fined $500 and received a two-day suspension of their license. On November 23, 1999, Champps Sports Cafe was cited for the second time for the sale of alcohol to underage youth. They were fined $1500 and received a five-day suspension of their license. Recommended Motion: Approve the renewal of the on-sale and Sunday liquor licenses for Champps Sports Cafe, for year 2000, with the following stipulation: 1. That the requirements in Resolution No. 8714 are met. Basis of Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale and Sunday liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, 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. 2. The Council could decide to 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 licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. 3. These licenses expire January 1, 2000. Therefore, if the Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Discussion/Decision Mode: Renewal of American Dining Corporation d/b/a Champps Sports Cafe's on-sale intoxicating and Sunday liquor licenses and public hearing to consider the requests are presented for Council approval at this time. Reesfully submitted, (am tha ?Orduno City Manager SO:ds (oC -2- CHAMPPS SPORTS CAFE PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 TOTAL CONTACTS 44 72 CRIMINAL CONTACTS 35 60 Incidents (see below for specifics) (31) (48) Alarm (4) (12) MISC. NON-CRIMINAL 9 12 Assists (2) (5) Traffic (2) (1) Inspections/Licensing (5) (6) Medical/Fire (0) (0) The criminal contacts from November 1998 to October 1999 were two suspicious vehicles, ten theft delayed, three disturbances, eight drunkenness, one check forgery, twelve burglary alarms, five suspicious persons, nine noise complaints, one suspicious activity, two property damage hit and run, three vandalisms, one theft in progress, one personal injury accident, one weapons violation, and one miscellaneous City ordinance violation. (Numbers in parenthesis are included in total contact figures.) r AMERICAN DINING CORP. Officers and Directors William Henry Baumhauer President & CEO Donna L. Depoian Vice President, Secretary & General Counsel Jeffrey Michael Kippels Restaurant Manager • 11 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 301 Agenda December 13, 1999 ?s Issue Statement: Renewal of an on-sale intoxicating and Sunday liquor licenses for Don Pablo's Operating Corp., d/b/a Don Pablo's, 980 West 78th Street, for year 2000. Background: On November 8, 1999, the City received the renewal application and all other required documents for the on-sale intoxicating and Sunday liquor licenses for Don Pablo's. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate name and structure of the organization has changed from last year. Their new corporate name is Don Pablo's Operating Corp., d/b/a Don Pablo's. Prentiss Hall now serves as President; Louis Profumo is serving as Vice-President and Secretary; Richard Michael Andrews serves as treasurer and Allan Edward Porter is serving as General Manager. A copy of the list of officers and directors of the corporation is attached to this letter. None of these individuals has any known criminal record. • All general sales, real estate and withholding taxes have been paid and are current. • The lease with CSM Investors, Inc. is in effect and all payments are current. • The $10,000 bond issued by United Pacific Insurance Company has been submitted. • The required proof of liquor liability insurance coverage has been received showing American Manufacturers Mutual as affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. • A financial statement has been prepared and submitted. This statement covers the period from October 1998 through September 1999 and indicates that food sales accounted for 76% of the total sales, while liquor sales accounted for 24% of the total sales. • There were 33 Public Safety contacts with Don Pablo's from November 1998 through October 1999. This compares with 27 contacts for the previous year. A breakdown of these contacts is attached to this letter. problems occur. A copy of this resolution has been given to the owner of the establishment. • Environmental Health staff received one complaint in 1999 regarding Don Pablo's. The complaint involved graffiti. Don Pablo's was notified and no further complaints have been received by staff. • On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 8714, which outlines discipline they can expect if any ongoing • There are no distance requirements in which 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 December 1, 1999. • On July 16, 1999, Don Pablo's was cited for the sale of alcohol to underage youth. This was their first violation. They were fined $500 and received a two-day suspension of their license. Recommended Motion: Approve the renewal of the on-sale, intoxicating and Sunday liquor license for Don Pablo's for the year 2000 with the following stipulation: 1. That the requirements in Resolution No. 8714 are meta Basis of Recommendation: 1. 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. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the re-scheduled hearing can be conducted. 2. The Council could decide to 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. 3. These licenses expire January 1, 2000. Therefore, if the Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Discussion/Decision Mode: Requests for the renewal of Don Pablo's on-sale intoxicating and Sunday liquor licenses and the public hearing to consider the requests are presented to the Council for approval at this time. Respec , Ily submitted, Ctha Orduno City Manager SO:ds 68-2 DF&R OPERATING COMPANY, INC. DBA DON PABLO'S PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 TOTAL CONTACTS 27 33 CRIMINAL CONTACTS 20 28 Incidents (see below for specifics) (8) (14) Alarm (12) (14) MISC. NON-CRIMINAL 7 5 Assists (0) (1) Traffic (2) (0) Inspections/Licensing (0) (2) Medical/Fire (5) (2) The criminal contacts from November 1998 to October 1999 were: one suspicious person; one miscellaneous City ordinance violation; fourteen burglary alarms; one drunkenness; three theft delayed; two property damage hit and run; one disturbance; one theft just occurred; one vandalism; one assault just occurred; one narcotics; and one theft, no pay. (Numbers in parenthesis are included in total contact figures) DON PABLO'S Officers and Directors Prentiss Hall President Louis J. Profumo Vice President of Operations Louis J. Profumo Secretary Richard Michael Andrews Jr. Treasurer Allan Edward Porter Manager U CITY OF RICHFIELD, MINNESOTA Council Letter No. 300 Agenda December 13, 1999 10 Issue Statement: Renewal of on-sale intoxicating, Sunday liquor and tavern licenses for Chi-Chi's, Inc., d/b/a Chi-Chi's Mexican Restaurante, 7717 Nicollet Avenue, for year 2000. Background: On October 25, 1999, the City received the renewal applications and other required documents for the on-sale intoxicating, Sunday liquor and tavern licenses for Chi-Chi's Mexican Restaurante. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization has not changed from last year. None of these individuals has any known criminal record. • All general sales, real estate and withholding taxes have been paid and are current. • The lease agreement between the applicant and the property owner, Maro-Max Company, continues to be in effect with all lease payments being current. • The $10,000 bond issued by National Union Fire Insurance Company'of Pittsburgh has been submitted. • The required proof of liquor liability insurance coverage has been received showing Lumbermens Mutual Casualty Company as 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 1998 through September 1999 and indicates that food sales accounted for 61.5% of the total sales, while liquor sales accounted for 38.5% of the total sales. • There were 166 Public Safety contacts with Chi Chi's from November 1998 through October 1999. This compares with 151 contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received one complaint regarding Chi-Chi's from November 1998 through October 1999. The complaint involved a food-related matter. Both Champps and the Bloomington Health Department were notified and no further complaints have been received. • The tavern license would allow dancing to continue on the premises. • On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 8714, which outlines discipline an establishment 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 an on-sale intoxicating, Sunday liquor license or tavern license. • The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 1999. • On April 13, 1999, Chi-Chi's Mexican Restaurante was cited for the sale of alcohol to underage youth. This was their first violation. They were fined $500 and received a two-day suspension of their license. On July 15,1999, Chi-Chi's Mexican Restaurante was cited for a second time for the sale of alcohol to underage youth. They were fined $1500 and received a five-day suspension of their license. Recommended Motion: Approve the renewal of the on-sale intoxicating, Sunday liquor and tavern licenses for Chi- Chi's Mexican Restaurante for year 2000 with the following stipulations: That the requirements in Resolution No. 8714 are met. Basis of Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating, Sunday liquor and tavern licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 2000, 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. • 2. The Council could decide to 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. 3. These licenses expire January 1, 2000. Therefore, if the Council decides to continue the hearing beyond December 13, any subsequent hearing should be held before the licenses expire. Discussion/Decision Mode: Renewal of Chi Chi's Mexican Restaurante on-sale intoxicating, Sunday liquor, and tavern licenses and the public hearing to consider the requests are presented for Council approval at this time. Z Respe submtis City Manager SO:ds (Op-/?- CHI-CHI'S MEXICAN RESTAURANTE PUBLIC SAFETY CONTACTS November 1998 - October 1999 1998 1999 TOTAL CONTACTS 151 166 CRIMINAL CONTACTS 59 80 Incidents (see below for specifics) (55) (78) Alarm (4) (2) MISC. NON-CRIMINAL 92 86 Assists (3) (12) Traffic (9) (1) Inspections/Licensing (75) (64) Medical/Fire (5) (9) r? U The criminal contacts from November 1998 to October 1999 were one disorderly conduct, one theft just occurred, one personal injury, three assault delayed, seventeen disturbances, ten theft delayed, three warrant arrests, five property damage accidents, three vehicle theft delayed, four drunkeness, seven suspicious vehicles, five suspicious persons, five property damage hit and run, one DWI, two assault just occurred, two theft no pay, two miscellaneous City violations, two burglary alarms, one NSF check, one trespassing, one residential burglary delayed, one sex crime delayed, one domestic, and one narcotics violation. (Numbers in parenthesis are included in total contact figures.) CHI CHI'S MEXICAN RESTAURANTE Partners/Officer and Titles Roger Chamness President Robert Trebing Vice President . Todd Doyle Secretary Robert Gonda Treasurer Philipos Getachew General Manager CITY OF RICHFIELD, MINNESOTA Council Letter No. 299 Agenda December 13, 1999 Issue Statement: Disciplinary hearing and civil enforcement for alcohol establishments in Richfield that recently underwent alcohol compliance checks, conducted by Richfield Public Safety staff, and. failed the checks by selling alcohol to underage youth. Background: On November 17, 1999, Richfield Public Safety staff conducted alcohol compliance checks at 11 establishments, assisted by three underage youths between 18-20 years of age. These compliance checks were a follow-up to compliance checks that were conducted by Police in March/April 1999 and in July 1999. On November 17, 1999, the police division made arrangements for the minors to enter the establishment with undercover police officers. In four instances, the youths were successful in being served alcohol. The businesses that made sales to underage youth on November 17, 1999 are as follows: • B and D Convenience - 813 East 66th Street • SuperAmerica - 7720 Nicollet Avenue • Tom Thumb - 7600 Knox Avenue • Mobil Station - 6744 Penn Avenue This is a second offense violation for SuperAmerica, Tom Thumb and the Mobil Station. They were previously fined $500 and received a two-day suspension of their license as a result of selling alcohol to a minor. This is a first violation offense for B and D Convenience. On November 18, 1999, Richfield Public Safety staff conducted additional alcohol compliance checks at 19 establishments, assisted by three underage youths between the ages of 18-20 years of age. Again, on that date, the police division made arrangements for the minors to enter the establishment with an undercover police officer. In five instances, the youth were successful in being served alcohol. The businesses that made sales to underage youth on November 18, 1999 are as follows: • Airport Bowl - 7711 14th Avenue • SuperAmerica - 7500 Lyndale Avenue • Hampton Inn - 7745 Lyndale Avenue • Jalapeno Market - 1430 East 66th Street 0 SuperAmerica - 2913 West 66th Street .6"1 This is a second offense violation for Hampton Inn. They were previously fined $500 • and received a two-day suspension of their license as a result of selling alcohol to a minor. This is a third offense violation for SuperAmerica at this location. They were previously fined $500 and received a two-day suspension of their license for the first offense. They were also previously fined $1500 and received a five-day suspension of their license for the second offense. This is a first violation offense for Airport Bowl , SuperAmerica (7500 Lyndale Avenue) and Jalapeno Market. On November 19, 1999, Richfield Public Safety staff conducted an additional round of alcohol compliance checks at 8 establishments. They were assisted by three underage youth, 18-20 years of age. Again, the police division made arrangements for the minor to enter the establishments with an undercover police officer. In one instance, the youth was successful in being served alcohol. The business that made a sale to an underage youth on November 19, 1999, is as follows: • Champps - 790 West 66th Street This is a second offense violation for Champps. They were previously fined $500 and received a two-day suspension of their license as a result of selling alcohol to a minor. At no time did any of the minors consume any of the alcohol. In some instances, the alcohol establishment employee did not request any identification from the youth and, in other cases, they were asked to produce identification. The youth presented their personal valid ID's and at no time attempted to convince anyone that they were of legal age. Many times the clerk looked at the I.D. but seemed to struggle with doing the math to determine their age, despite the fact that all underage ID's now state that the person pictured is under 21 years of age. Establishments were visited at a variety of times, busy or not busy, in an effort to determine if busy times produced more successful buys. It doesn't appear to have made a difference at either time. After each attempt, successful or unsuccessful, the officers identified themselves to the clerk and issued them a citation if they failed. If the underage youth was unsuccessful in securing alcohol, the clerk was congratulated by officers for doing a good job. Those employees that sold alcohol will be charged criminally in court. The action being taken today is for civil enforcement and penalties against the businesses that hold a license to sell alcohol within the City. At an April 5, 1999 Study Session with the City Council, staff was directed to update Resolution 8714, which specifies certain improper conduct of alcohol license holders and delineates the progressive discipline that can be expected when violations occur. In the past, this resolution has not included progressive discipline regarding the sale of alcohol to minors. This is the resolution that is referenced each year at the time that alcohol licenses are renewed. A copy of the resolution approved on April 26, 1999 has previously been supplied to each establishment selling alcohol. S,Z The fines being recommended at this time are intended to recover 100% of the costs for conducting the compliance checks and to penalize the businesses punitively. It is recommended that fines also be used by Public Safety police personnel to conduct one additional compliance check, within the next three month period, on all licensed establishments. Any establishments found to be guilty of selling again on a second, third or fourth check would receive progressive discipline in the way of license suspension and fines as outlined in a revised version of Resolution 8714. Public Safety staff is also recommending that 15% of the punitive fines be designated for future alcohol and tobacco education efforts within the community. Recommended Motion: Staff recommends that the City Council suspend each of the first time violating establishments' licenses to sell alcohol for two consecutive days and to levy a fine against each establishment in the amount of $500 for the first violation. Staff is also proposing that each first time violating establishment attend a mandatory meeting with the Public Safety Director to present their individual establishment plans to ensure eliminating any future actions of this kind. In addition, the establishments are to attend an alcohol sales and awareness program presented by the Crime Prevention staff. Staff recommends that the City Council suspend each of the second time violating establishments' license to sell alcohol for five consecutive days and to levy a fine against each establishment in the amount of $1500 for the second violation. Staff is also proposing that the Public Safety Director will select the five consecutive days their licenses will be suspended. It is further recommended that second time violating establishments be required to meet a second time with the Public Safety Director and to also conduct a mandatory alcohol and sales awareness training session with all of their employees. This training will be provided by either a private firm approved by Public' Safety officials, or by Public Safety staff, with all costs to be paid by the establishment. Staff recommends that the City Council suspend each of the third time violating establishments' license to sell alcohol for ten consecutive days and to levy a fine against each establishment in the amount of $1750 for the third violation. Staff is also proposing that the Public Safety Director will select the ten consecutive days their licenses will be suspended. Basis of Recommendation: 1. It is a violation of a Minnesota State Statute and City ordinance to sell alcohol to underage youth. 2. Civil enforcement penalties taken in the past by the City Council against several establishments have been severe. This was done to send a message to the establishments and the community that the Council will not tolerate this type of violation continuing in the community and that Richfield youth and their well-being are highly valued. • 3. Citizen representatives of the Richfield Advisory Board of Health support severe actions against establishments in an effort to protect the youth of the community and to send a message that youth and their well-being are a high priority in this city. ?-3 Alternative Recommendation: 1. The Council may consider taking more or less severe action against the establishments that sold alcohol to underage youth. Discussion/Decision Mode: The disciplinary hearing and staff recommendations for civil enforcement penalties for alcohol establishments in Richfield that recently failed alcohol compliance checks conducted by Richfield Public Safety staff are presented for Council action at this time. aa lysubmitted, I alj? Orduno City Manager SO:ds • 40 5-4 CITY OF RICHFIELD RESOLUTION NO. RESOLUTION SUSPENDING THE FOR ; AND IMPOSING A CIVIL PENALTY WHEREAS, ("Licensee") holds an license from the City of Richfield; and WHEREAS, on , the City of Richfield public safety department conducted a compliance check of the Licensee's establishment; and WHEREAS, during the compliance check, an employee of the Licensee sold alcohol to a minor with the civil penalty being imposed on ; and WHEREAS, the Licensee appeared before the Richfield City Council on December 13, 1999 and admitted the violation; and WHEREAS, the Licensee has stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The licensee's license is hereby suspended for a period of two consecutive days, commencing on a date to be determined by the Public Safety Director, but commencing no later than January 13, 2000. 2. A civil penalty of $500 is hereby imposed. On or before January 13, 2000, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $500. 3. Meet with the Director of Public Safety to present an action plan to ensure future compliance by January 13, 2000; and attend an alcohol compliance and sales awareness presentation conducted by Public Safety staff by January 13, 2000. Passed by the City Council of the City of Richfield this 13th of December 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk S-5 CITY OF RICHFIELD RESOLUTION NO. RESOLUTION SUSPENDING THE FOR AND IMPOSING A CIVIL PENALTY WHEREAS, ("Licensee") holds an license from the City of Richfield; and WHEREAS, on , the City of Richfield public safety department conducted a compliance check of the Licensee's establishment; and WHEREAS, during the compliance check, an employee of the Licensee sold alcohol to a minor with the civil penalty being imposed on ; and WHEREAS, this is a second violation of the sale of alcohol to a minor with the first civil penalty being imposed on ; WHEREAS, the Licensee appeared before the Richfield City Council on December 13, 1999 and admitted the violation; and is WHEREAS, the Licensee has stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The licensee's license is hereby suspended for a period of five consecutive days, commencing on a date to be determined by the Public Safety Director, but commencing no later than January 13, 2000. 2. A civil penalty of $1500 is hereby imposed. On or before January 13, 2000, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1500. 3. Licensee must schedule mandatory alcohol compliance and sales awareness training for all employees who are responsible for the service of alcohol to customers. This will include all servers, bartenders and all managers and must be scheduled to occur no later than January 13, 2000. This training will be provided at a location to be determined by Public Safety staff and all costs associated with the training, to include staff time and materials, will be the responsibility of the Licensee. 4. Meet with the Director of Public Safety to review why the Licensee's action plan didn't work and discuss opportunities for change and improvement on or before January 13, 2000. Passed by the City Council of the City of Richfield this 13th day of December 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk C7 5'7 CITY OF RICHFIELD RESOLUTION NO. RESOLUTION SUSPENDING THE FOR ; AND IMPOSING A CIVIL PENALTY WHEREAS, ("Licensee") holds an license from the City of Richfield; and WHEREAS, on , the City of Richfield public safety department conducted a compliance check of the Licensee's establishment; and WHEREAS, during the compliance check, an employee of the Licensee sold alcohol to a minor with the civil penalty being imposed on ; and WHEREAS, this is a third violation of the sale of alcohol to a minor with the first civil penalty being imposed on , and the second civil penalty being imposed of ; WHEREAS, the Licensee appeared before the Richfield City Council on December 13, 1999 and admitted the violation; and WHEREAS, the Licensee has stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The licensee's license is hereby suspended for a period of ten consecutive days, commencing on a date to be determined by the Public Safety Director, but commencing no later than January 13, 2000. 2. A civil penalty of $1,750 is hereby imposed. On or before January 13, 2000, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,750. Passed by the City Council of the City of Richfield this 13th of December 1999. Martin J. Kirsch, Mayor 0 ATTEST: Thomas P. Ferber, City Clerk 54 CITY OF RICHFIELD RESOLUTION NO. RESOLUTION FOR CONTESTED CASE HEARING WHEREAS, ("Licensee") holds an on-sale liquor license from the City of Richfield; and WHEREAS, on , 1999, the City of Richfield public safety department conducted a compliance check of the Licensee's establishment; and WHEREAS, during the compliance check, an employee of the Licensee sold alcohol to a minor in violation of state law and city ordinances; and WHEREAS, the Licensee appeared before the Richfield City Council on December 13, 1999 denied the violation and requested a contest case hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: The Public Safety Director is authorized and directed to retain an independent hearing examiner to preside over a contested case hearing concerning the proposed disciplinary action against.the Licensee's license. 1999. 1. The contested case hearing shall be conducted in accordance with Minnesota Statutes, Sections 14.57 to 14.69. 2. The hearing examiner shall schedule a hearing date that is mutually convenient to the Public Safety Department and the Licensee, to be held within 60 days of the date of this resolution. The hearing examiner shall notify the Public Safety Director and the Licensee of the scheduled hearing date. Passed by the City Council of the City of Richfield this 13th day of December Martin J. Kirsch, Mayor ATTEST: 0 Thomas Ferber, City Clerk qf CITY OF RICHFIELD, MINNESOTA Council Letter No. 298 Agenda December 13, 1999 Issue Statement: Consideration of a new taxi license for Metropolitan Taxi, 1932 Timberwolf Trail, Eagan, for year 2000. Background: On November 15, 1999, the City received a new application for a taxi license for year 2000 from Metropolitan Taxi. The applicant has paid the required license fees. The applicant is the sole owner and operator of the business. At the present time, only one vehicle will be licensed. The Public Safety background investigation has been completed and reveals the following: • Zerai Tesfai is the owner of the business. He has no known criminal record. • The certificate of liability insurance has been submitted showing Mutual Service Casualty Insurance Company affording the coverage. • The applicant will supply a list including the make, body style and year of the vehicle to be operated by the applicant and agrees to supply information for any added vehicles in the future. • At the present time, the number of vehicles to be operating in Richfield will not exceed one; however, there is a possibility new vehicles will be added. Staff has also received the taxi driver application along with the required fee. Recommended Motion: Approve the request for a new taxi license for Metropolitan Taxi, 1932 Timberwolf Trail, for year 2000, with the following stipulation: The list, including the vehicle's year, make, model and VIN numbers, must be received by December 14, 1999. Basis of Recommendation: 1. It appears the applicant meets the standards set forth in the ordinance. The applicant has also indicated the desire to comply with all codes and expectations of the City. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no, reason to deny the license requested. 45-i Alternative Recommendation: 1. The Council could decide not to grant the license. This would result in the applicant not being able to operate a taxi company in Richfield. Discussion/Decision Mode: Recommendation to approve the application for a new taxi company license for Metropolitan Taxi, 1932 Timberwolf Trail, for the year 2000 is presented for Council consideration at this time. Respectfully submitted, ntha Orduno City Manager SO:ds 0 0 qj- CITY OF RICHFIELD, MINNESOTA Council Letter No. 297 Agenda December 13, 1999 Issue Statement: Purchase in excess of $25,000 for Mobile Computing Devices (MCDs) and related hardware for installation in police vehicles. This will support Public' Safety's network connection to criminal justice data maintained by city, state, and federal agencies by means of a wireless connection from mobile police units'to the Local Government Information Systems Association (LOGIS) wide area network (WAN). Background: The City Charter provision regulating purchases over $25,000 requires the purchase to be from competitive bid contracts and subject to City Council approval. Through a joint-powers agreement, the City is a member agency of LOGIS. LOGIS operates as a governmental entity and has in place a valid contract (Contract No. MCD9801) awarded through a competitive bid process for all hardware and software components related to this purchase. The proposed purchase would be made from this LOGIS contract which has been awarded to FieldWorks, Inc., 7631 Anagram Drive, Eden Prairie, MN 55344. The contract period has been extended through 1999. • The Public Safety Department is the primary user of LOGIS services within the City. The police records management system (RMS) and the computer aided dispatch system (CAD) are provided by LOGIS to the Public Safety Department via a wide area network (WAN) supported by LOGIS. Additionally, LOGIS provides equipment procurement, network support and consulting services to the Public Safety Departmen The purchase of four Mobile Computing Devices (MCDs) will be funded by a federal Law Enforcement Block Grant (LEBG) of $31,717, awarded during 1997. The City is required to contribute 10% matching funds. All funds to be expended are included in the 1999 revised Public Safety budget, 101-20-315-490.40. Total cost for the MCDs and related hardware is $33,492.72. This equipment will replace older, less functional devices that are currently leased from Hennepin County. t. Recommended Motion: Approve a purchase order to LOGIS for $33,492.72, for four Mobile Computing Devices and related hardware items as listed on the attached LOGIS invoice. Basis of Recommendation: 1. Purchase is from a LOGIS competitive bid contract. 2. Adequate funds are available in the1999 revised budget, 101-20-315-490.40. qj- I 3. LEBG funds awarded to the City cover 90% of the expenditure. 4. This current MCD technology will provide greater access to data by a police officer in the field that increases officer safety and enforcement efforts. Alternative Recommendation: 1. Deny approval and continue to, use less functional equipment that is leased and forfeit the $31,717.00 of LEGB funds. Discussion/Decision Mode: The purchase of four Mobile Computing Devices (MCDs) and related hardware in excess of $25,000 is presented for Council consideration at this time. Respec Ily submitted, S a Orduno City Manager SO:cak 0 REQUISITION I PURCHASE ORDER DATE: 11 /16/ 99 *LL TO: DELIVERY INFORMATION: NOTICE TO VENDOR: TY OF RICHFIELD DEPT./DIVISION: PUBLIC SAFETY THE CITY IS EXEMPT FROM ALL FEDERAL (FEDERAL TAXES 67 ADDRESS: CERTIFICAT R CHF ELD PORTLAND 554 EN 599 ATTENTION: ?g7.4??? hnPPORKKTL gN??DnphhAeeVrrtt S 8385727) PAYMENTS ARE ISSUED PURISUANT TO (612)861.970 MATERIAL DATA AFETY SH ET RE &RED? CITY COUNCIL APPROVAL EACH MENTHE SECOND AND FOURTH MONDAY EACH DEPARTMEN /?. C. FUNDS AVAILABLE: MANAGER: I, M I DATE: iZ_ / `7..)4 I DATE: T-' L I VJWITF . V[11JICHFR / CANARY - VENDOR ADDRESS LOG I S 5750 DULUTH STREET GOLDEN VALLEY MN 55422-4036 UNIT PRICE 4 4 4 4 1 464 4 1 Invoice: 2620 - PER ATTACHED 233 MHz Pentium Systems Floppy/CD ROM Module MP 200 Sierra Wireless Mobile 3 Watt CDPD Radios High Gain CDPD Antenna 15' Serial Cable for Radio to Laptop MN Sales TAX INSTALLATION Labor per site MCD Freight per site ONE-TIME LOGIS ADMN SVC CHRG (99R $76,000) TOTAL P.O. NO. 36169 24,440.00 715.00 3,980.00 236.00 40.00 1,911.72 2,000.00 120.00 50.00 33,492.72 101-20-315-490.40 • RI POLICE 0002/002 4l=3 0 0 2620 INVOICE LOG I S Invoice No. 5750 Duluth Street Golden Valley, MN 55422-4036 (612) 543-2600 fax (612) 543-2699 Cousiomer Name City of Richfield Address 6700 Portland Avenue '- City Richfield State MN ZIP 55423 Phone -- Date 11/16/99 REVISED Q Description Unit Price TOTAL 4 233 MHz Pentium Systems -- $6,110.00 $24,440.00 1 Floppy/CD ROM Module $715.00 $715.00 4 MP 200 Sierra Wireless Mobile 3 Watt CDPD Radios $995.00 $3,980.00 4 High Gain CDPD Antenna $59.00 $236.00 4 15' Serial Cable for Radio to Laptop $10.00 $40.00 1 Minnesota State Sales Tax $1,911.72 $1,911.72 4 Installation Labor Per Site $500.00 $2,000.00 4 MCD Freight Per Site $30.00 - $120.00 1 One-Time LOG IS AdminisdtraWe Service Charge $50.00 $50.00 TOTAL $33,492.72 O 0 E qP . CITY OF RICHFIELD, MINNESOTA Council Letter No.296 Agenda December 13, 1999 Issue Statement: Council consideration regarding conducting a City Council meeting on Monday, December 27, 1999. Background: The City Council regularly meets the second and fourth Monday evening of each month. However, items for the December 27, 1999 Council meeting can be carried over to January 10, 2000. It is suggested that the regular Council meetings scheduled for December 27, 1999 be canceled. Recommended Motion: Cancel the City Council meeting scheduled for December 27, 1999. Basis of Recommendation: 1. The City Council business can be carried over to January 2000. 2. The December 27 meeting follows the Christmas holiday weekend. 0 Alternative Recommendation: 1. Do not cancel the December 27 City Council meeting. 2. Reschedule the Council meeting. Discussion/Decision Mode: This item has been.placed on the December 13, 1999 City Council agenda so proper notification can be made if the December 27 meeting is canceled or rescheduled. Resp ully submitted, Sa antha ?Orduno City Manager SO:cak l_.J L4 e CITY OF RICHFIELD, MINNESOTA Council Letter No. 295 Agenda December 13, 1999 Issue Statement: Resolution to approve City of Richfield's participation in the Joint Police and Fire Training Facility. Background: In 1995, the cities of Bloomington, Eden Prairie, Edina and Richfield and the Metropolitan Airport Commission entered into a partnership to explore the concept of a joint training facility for police and fire. The lack of adequate training facilities has been a growing concern. Local training facilities are disappearing and those that are still open are steadily decreasing the training opportunities. Training is an important aspect in the public safety disciplines of police and fire. Developing and maintaining skills are vital in this area of municipal services. Whether it is provided for employee development, to comply with state or federal mandates, or for lawsuit prevention, training is an important time and money investment made by the cities and the Metropolitan Airport Commission. A committee with representatives of police, fire and each city manager's staff has prepared a plan for a joint facility, conveniently located to meet the needs of the public safety departments. The training facility would greatly enhance each department's 46 ability to train their members in the areas of firearms, defensive tactics, emergency/pursuit driving, scenario/computer-based training and hands-on training for firefighters. It would be made available to other agencies on a regional basis to enhance their training needs and allow for ultimate efficiency of facility usage. The training facility will be located in the northeast corner of 1-494 and Highway 169 on land donated by the City of Edina. The committee has prepared and presented a request for approval of a Governor's Bond in the amount of $3.1 million. The bond request has been received and, after submitting additional information, a final review by the State of Minnesota, Department of Finance will be done. The financial commitment made by each city is based on the number of police and fire personnel employed and/or trained by each. The financial commitment by the City of Richfield is approximately $500,000 for the initial construction. The annual operating costs are projected to be $300,000 annually, a portion of which the City of Richfield may be responsible for dependent on usage. The annual cost of operation may be offset somewhat through financial reimbursement from outside agencies using the facilities. The Governor's Bond and the financial commitment by each governmental body would allow for the construction and operation of the facility without additional state funds. Recommended Motion: Approve a resolution of support that will include Richfield in a partnership of cities establishing the Joint Police and Fire Training Facility. q • Basis of Recommendation: 1. The joint training facility will provide an economical delivery of training. 2. The facility will be available 24 hours a day. 3. Cost sharing expands the opportunities for training and state-of-the-art equipment. 4. Standardization of most training. 5. Cross jurisdictional responses enhanced along with strengthened relationships and learning opportunities. Alternative Recommendation: 1. Continue to support and provide training for the members of public safety as needs and opportunities arise. 2. Explore alternative out-state locations for police and fire training opportunities as current locations are closing and/or limiting the training opportunities available. 3. Allow the four governmental bodies to move forward without the City of Richfield's support and, thereafter, buy training time for members at the new facility. Discussion/Decision Mode: The Joint Training Facility Committee is moving forward with this project. A resolution of support is presented for Council approval of the City's participation in the Joint Police and Fire Training Facility at this time, before Legislative hearings begin. Respec ly submitted, S a Orduno City Manager SO:cak 0 4& -)- 0 RESOLUTION NO. RESOLUTION AUTHORIZING SUPPORT OF AND INCLUSION OF THE CITY OF RICHFIELD IN THE JOINT POLICE AND FIRE TRAINING FACILITY TO BE LOCATED IN EDINA, MN WHEREAS, the cities of Bloomington, Eden Prairie, Edina, Richfield and the Metropolitan Airport Commission have provided for local, private and user financing for the project to the maximum extent possible; and WHEREAS, the project helps fulfill an important state mission; and WHEREAS, the project is of regional or statewide significance; and WHEREAS, the project will not require new or additional state operating subsidies; and WHEREAS, the project will not expand the state's role in new policy area; and WHEREAS, the state funding for the project will not create significant inequities among local jurisdictions; and WHEREAS, the project will not compete with other facilities in such a manner that they lose a significant number of users to the new project. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield supports the Police and Fire Training Facility. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 qF CITY OF RICHFIELD, MINNESOTA 10 Council Letter No. 294 Agenda December 13, 1999 Issue Statement: Consideration for approval of plans and specifications for raising selected areas of trail at Wood Lake Nature Center, ordering the project, authorizing a notice of bid, and authorizing execution of an agreement with the Minnesota Department of Transportation (MnDOT) for funding purposes. Background: Improvements for the 1-35W roadway corridor will increase run-off of stormwater. This, in turn, will have an impact on Wood Lake Nature Center which is a stormwater holding area. Some of the paths at the Nature Center were raised as part of the dredging project, also a stormwater improvement. MnDOT has agreed to fund $50,000 for additional raising of trails at Wood Lake Nature Center. The balance of the funding ($10,000 to $30,000) for the project would be from the stormwater fund. WSB and Associates, which also prepared the plans and specifications for the dredging project, has prepared the plans and specifications for the additional trail work. Recommended Motion: Approve the plans and specifications, order City Project No. 503-30-589, authorize advertisement for bid for the proposed trail improvements, and authorize the Mayor and City Manager to execute the MnDOT funding agreement. Basis of Recommendation: 1. Wood Lake Nature Center will experience additional stormwater runoff as a result of improvements to 1-35W. 2. The MnDOT has agreed to fund $50,000 for additional raising of trails at Wood Lake Nature Center as a result of increased stormwater runoff from 1-35W. Alternative Recommendation: 1. Do not approve the plans and specifications, order the project or authorize the advertisement for bid for trail improvements. However, for the Nature Center to continue access to the public as is currently provided, selected trails must be raised. 2. Do not authorize execution of the MnDOT funding agreement. However, it will be difficult for the City to afford the full cost of the proposed improvements and MnDOT has agreed to provide a large portion of the funding. Discussion/Decision Mode: Council is asked to take action at the December 13, 1999 Council meeting so there is sufficient time for bidding the work and affording time for the work as soon as weather permits in the 2000 construction season thereby keeping the impact of the trail raising as minimal as possible on the Nature Center operations. Respec ully submitted, aa Orduno City Manager SO:cak ?E- CITY OF RICHFIELD, MINNESOTA Council Letter No.293 Agenda December 13, 1999 Issue Statement: Confirmation of LJR, Inc. contract with 1-494 Corridor Commission, 1999-2000. Background: Members of the 1-494 Corridor Commission include the cities of Bloomington, Edina, Eden Prairie, Maple Grove, Minnetonka, Plymouth and Richfield. The City pays ten cents per capita annually to the 1-494 Corridor Commission and the Commission receives federal funding to do Travel Demand Management (TDM) and to promote improvements to 1-494. On October 13, 1999 the Corridor Commission approved the Agreement between the 1- 494 Corridor Commission and LJR, Inc. for the period of January 1, 1999 through December 31, 2000 for an amount not to exceed $219,316.18. The purpose of the Agreement is for LJR, Inc. to provide staff support to the Corridor Commission and to perform planning and TDM work including, but not limited to, surveys, marketing, communication, analysis and research. The Agreement approved by the Corridor Commission is now circulating among member cities of the Commission. Each City is asked to confirm the contractual agreement and authorize signature of the Agreement on behalf of the City. Recommended Motion: Confirm the contractual agreement made in October 1999 between LJR, Inc. and the 1- 494 Corridor Commission and authorize the Mayor and City Manager to execute the Agreement on behalf of the City of Richfield. Basis of Recommendation: 1. The City of Richfield is a participating member of the 1-494 Corridor Commission and is required by the Corridor Commission's bylaws to approve all contracts entered into by the Commission. 2. The 1-494 Corridor Commission has approved the agreement with LJR, Inc. Alternative Recommendation: Do not confirm the Agreement. However, because the Commission has approved the Agreement, the lack of confirmation from member cities would pose a problem for the Commission and the other member cities. Discussion/Decision Mode: Council is asked to take action at the December 13, 1999 Council meeting to facilitate the signing process in place for the document. Respec ully submitted, Sa a Orduno City Manager SO:cak CITY OF RICHFIELD, MINNESOTA D Council Letter No.292 `'' Agenda December 13, 1999 10 Issue Statement: Resolution authorizing approval of an agreement with Hennepin County for participation in the Federal-Aid Preservation Program for the purpose of replacing traffic signal controllers and cabinets, replacing red incandescent traffic signal indications with red light emitting diodes (LED) indications and signal painting. Background: On March 8, 1999, the City Council authorized application for participation in the Federal-Aid Preservation Program. The City and the County, in conjunction with various municipalities participating in the Federal-Aid Preservation Program and with the Minnesota Department of Transportation (MnDOT), have developed plans and specifications for improvements to existing traffic signal systems under three separate contracts authorized by MnDOT and have prepared cost estimates for the proposed work. The total estimated cost for the City of Richfield to participate in the program is $54,130. This is 20% of the total cost for work in Richfield; the federal program pays 80% of the cost. As indicated when applying for participation in the program, the City will use its Municipal State Aid street funds as its source for local matching funds. Exhibit B of the Agreement, which identifies the location of signals included in the Program, is attached. A complete copy of the Agreement is available upon request to the Public Works Department. Recommended Motion: Adopt the attached resolution authorizing the Mayor and City Manager to execute Hennepin County Agreement No. PW 59-19-99, County Project Nos. 9827, 9928 and 9929, City Project No. 401-30-511 for participation in the Federal-Aid Preservation Program. Basis of Recommendation: 1. The City of Richfield places a high priority on preserving existing infrastructure. The Federal-Aid Preservation Program is directed toward preservation of transportation systems and operations. 2. A formal agreement is needed for the City to participate in the Federal-Aid Preservation Program, which has federal funds made available through MnDOT and coordination of the work through Hennepin County. Alternative Recommendation: Do not participate in the Federal-Aid Preservation Program. However, it has been determined the work needs to be done in the City. By participating in the Federal-Aid Preservation Program, work may be done sooner and/or current funding sources may be freed to finance other work. Discussion/Decision Mode: Staff requests approval of this agreement at the December 13, 1999 City Council meeting. Res ully submitted, tha Orduno City Manager SO:cak Attachments RESOLUTION NO. 4b- I RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE HENNEPIN COUNTY AGREEMENT NO. PW 59-19-99 FOR PARTICIPATION IN FEDERAL-AID PRESERVATION PROGRAM WHEREAS, the Minnesota Department of Transportation (MnDOT) has made available certain federal funds for various maintenance aspects on local roadways through a program commonly referred to as the "Federal-Aid Preservation Program"; and WHEREAS, Hennepin County and the City of Richfield have both received approval from MnDOT to proceed with contracts for the repainting of existing traffic control signal systems, the replacement of traffic signal controllers and cabinets, and the replacement of red incandescent traffic signal indications with red light emitting diodes (LED) indications; and WHEREAS, the necessary plans and specifications have been developed for these improvements under contract for County Project Nos. 9927, 9928 and 9929 and City Project No. 401-30-511; and WHEREAS, the City has expressed willingness to participate in the costs of these improvements to existing traffic signal systems using municipal state aid and/or local funds for an estimated total cost to the City of $54,130; and WHEREAS, the County has indicated its willingness to approve said plans and specifications and participate in the construction costs of said project; and WHEREAS, it is contemplated the said parties under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59 carry out that said work. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are hereby authorized to execute Agreement No. PW 59-19-99 for participation in the Federal-Aid Preservation Program. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 ql)-?2- EXIMIT "B" RED BALL & RED ARROW REPLACEMENT: Total = 35 INTERSECTIONS CSAH 32 (Penn) at I-494, N. Ramp CSAH 32 (Penn) at TH 62, S. Ramp CSAH 32 (Penn) at 64th CSAH 32 (Penn) at 69th CSAH 32 (Penn) at 75th CSAH 32 (Penn) at 76th CSAH 32 (Penn) at 78th CSAH 53 (66th) at Cedar Ave. CSAH 53 (66th) at Bloomington CSAH 53 (66'i') at CSAH 35 (Portland) CSAH 53 (66th) at CSAH 52(Nicollet) CSAH 53 (66th) at Pillsbury CSAH 53 (66th) at Lyndale CSAH 53 (66th) at Rae Dr CSAH 53 (66th) at Logan CSAH 53 (66th) at CSAH 32 (Penn) CSAH 53 (66th) at Sheridan CSAH 53 (66th) at Vincent Lyndale at 65th Lyndale at 67th Lyndale at 70th Lyndale at 73rd Lyndale at 76th Lyndale at 77th Lyndale at I494, N. Ramp CSAH 35 (Portland) at I-494 N. Ramp CSAH 35 (Portland) at 70th CSAH 35 (Portland) at 76th CSAH 35 (Portland) at 77th CSAH 53 (66th) at 12th 12th at 77th 76th at Upton 76th at I-35W, E. Ramp 77th at Meridian Xing CSAH 52 (Nicollet) at 77th HENNEPIN COUNTY AGREEMENT NO. PW 59-19-99 EXMIT "B" SHEET I OF 2 \i L L4 D-3 CONTROLLER, CABINET & HARDWARE REPLACEMENT Total = 5 INTERSECTIONS Lyndale Ave at 65th Street Lyndale Ave at 67t' Street Lyndale Ave at 70t' Street Lyndale Ave at 73rd Street Lyndale Ave at 76th Street SIGNAL PAINTING Total = 23 INTERSECTIONS CSAH 32 (Penn) at TH 62 S. Ramp CSAH 32 (Penn) at 64th CSAH 32 (Penn) at CSAH 53 (66th) CSAH 32 (Penn) at 69th CSAH 32 (Penn) at 75th CSAH 32 (Penn) at 76th CSAH 32 (Penn) at 78th CSAH 32 (Penn) at I-494, N. Ramp 76th at Upton 76th at I-35W, E. Ramp 76th at Lyndale CSAH 35 (Portland) at 76t' CSAH 35 (Portland) at I-494, N. Ramp CSAH 35 (Portland) at 70th CSAH 53 (66th) at Cedar Ave. CSAH 53 (66th) at Bloomington CSAH 53 (66th) at 12th CSAH 35 (Portland) at CSAH 53 (66th) CSAH 53 (66th) at Logan CSAH 53 (66th) at Vincent CSAH 53 (66th) at Sheridan 12th Ave at 77th Street CSAH 35 (Portland) at 77th Street HENNEPIN COUNTY AGREEMENT NO. PW 59-19-99 EXIBIT "B" SHEET 2 OF 2 ?pj L. q(2, CITY OF RICHFIELD, MINNESOTA Council Letter N0.291 Agenda December 13, 1999 Issue Statement: Consideration of resolution issuing a negative declaration of need for an Environmental Impact Statement for the Richfield Lake Water Quality Project. Background: Richfield Lake is identified in Richfield's Comprehensive Surface Water Management Plan as a natural wetland that is used for stormwater management. As part of the review of the layout for the mainlines of 1-35W on March 24, 1997, the City Council reviewed alternative locations for treating stromwater drainage from 1-35W. The Council selected a perimeter system with a pond near/on Lyndale Garden Center. The proposed project is to excavate approximately 4.88 acres to create a stormwater treatment system around the perimeter of the lake and dredge several areas within the lake to remove sediment deltas that have built up over time. The perimeter stormwater treatment system to be created is a separate basin that would be used to resettle runoff before it is discharged into Richfield Lake. Agencies and their comments received as part of the Environmental Assessment Worksheet (EAW) process include: • • Minnesota Pollution Control Agency: fill material, disposal of dredged material, State Disposal System Permit, re-vegetation plan, operation and maintenance plan, specific water qualities hoping to achieve, relationship to Wood Lake outlet project • Metropolitan Council: permits and approvals required, physical impact on water resources, maintenance program • Minnesota Historical Society: project has no historical effects • Minnesota Department of Natural Resources: limiting potential habitat impacts • Minnesota Department of Transportation: EAW acceptable A summary of the responses to the comments received from these agencies is attached. The negative declaration completes the environmental review of the project. It has not been determined whether the City of Richfield or the Minnesota Department of Transportation will be the lead agency or administrator for the improvement project. A public hearing may be held prior to or in conjunction with review of plans and specifications for the project. Recommended Motion: Accept the Findings of Fact and adopt the resolution issuing a negative declaration of need for an Environmental Impact Statement for the Richfield Lake Water Quality Project. q L11 Basis of Recommendation: 1. The public comment period for the Richfield Lake Water Quality Project Environmental Assessment Worksheet ended Wednesday, October 20, 1999. Responses to comments and Findings of Fact have been prepared and are attached to this Council Letter. 2. In accordance with Council policy on wetlands, activities that impact wetlands are generally not promoted. However, because the City is fully developed and there are no financially reasonable alternatives to providing a separate basin for resettlement, the proposed project is preferable to a do-nothing alternative which would allow continuation of the discharge of untreated stormwater and sediment deposition into Richfield Lake. Alternative Recommendation: 1. Do nothing to improve the water quality at Richfield Lake. However, if the City leaves the site as it is, the area will eventually cease to function as a wetland. 2. Amend the Findings.of Fact and Responses to Comments as deemed appropriate. 3. Accept the Findings of Fact but determine a conclusion of negative impact. This would require an Environmental Impact Statement for the project. Discussion/Decision Mode: Council may choose to delay action if additional time for consideration is needed. Final design of the proposed improvements will not begin until the Environmental Quality Board has been notified on the City's findings. ly submitted, Orduno ager SO:cak Attachments qc--Z RESOLUTION NO. RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE RICHFIELD LAKE WATER QUALITY PROJECT WHEREAS, the preparation of the Richfield Lake Water Quality Project Environmental Assessment Worksheet (EAW) and comments received on the EAW have generated information adequate to determine whether the proposed development has the potential for significant environmental effects; and WHEREAS, the EAW has identified areas where the potential for significant environmental effects exist, but appropriate mitigative measures have or will be incorporated into the project plan and/or permits to reasonably mitigate these impacts; and WHEREAS, the Richfield Lake Water Quality Project is expected to comply with all the City of Richfield standards and review agency standards; and WHEREAS, based on the criteria established in Minnesota R. 4410.1700, the project does not have the potential for significant environmental effects; and WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield has determined that an Environmental Impact Statement is not required. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 A WSA8 & -Associates, Inc. 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 612-541-4800 FAX 541-1700 B.A. Mittelsteadt, P.E. Bret A. Weiss, P.E. Peter R. Willenbring, P.E. Donald W. Sterna, P.E. Ronald B. Bray, P.E. q C-3 Memorandum To: Lynn Kolze, Minnesota Pollution Control Agency Helen Boyer, Metropolitan Council Britta L. Bloomberg, Minnesota Historical Society Thomas W. Balcom, Minnesota Department of Natural Resources Sharon Anderson, MnDOT-Waters Edge From: Peter R. Willenbring, P.E., WSB & Associates Mike Eastling, City of Richfield Date: November 15,1999 Re: Richfield Lake EAW WSB Project No. 1000.08 Enclosed, please find responses to comments received as part of the EAW process Richfield Lake Water Quality Project in Richfield, MN. Comments were received from the Minnesota Pollution Control Agency (MPCA), Metropolitan Council (MC), the Minnesota Historical Society (MHS), the Minnesota Department of Natural Resources (DNR), and the Minnesota Department of Transportation (MnDOT). Comments from the MPCA Comment. MPCA. Item 6 - Project Description: The document discusses the filling of a portion of Richfield Lake. What will this fill be comprised of? Given the length of time it typically takes to obtain State Disposal System (SDS) Permit for the disposal of dredged material, the time frame for construction may not be realistic. Response. Clean material will be used for the estimated 0.32 acres of fill. The time line outlined in the EAW is an estimate. The project will not commence until all permits are secured. Comment. MPCA. Item S - Permits and Approvals Needed: An SDS permit will be needed from the MPCA that would address the disposal of dredged materials from Richfield Lake. The person to contact to discuss the SDS permit is Ms. Judy Mader. She can be contacted at I (651) 296-7315. M i n n e a p o l i s - S t. C l o u d Infrastructure Engineers Planners F'`wrwmn'ooo•osuozo??omm?? Wna EQUAL OPPORTUNITY EMPLOYER qc-q EAW for Richfield Lake November 15, 1999 Page 2 Response. The City acknowledges that an SDS permit will be required prior to dredging activity. Comment. MPCA. Item 16 - Erosion and Sedimentation: A re-vegetation plan and an operation and maintenance plan for the sedimentation basins are needed for this project. Response. A re-vegetation plan and an operation and maintenance plan will be prepared by the City as part of the final design for this project. It is anticipated that the permit application process will provide adequate review of these plans. Comment. MPCA. Item 17 - Water Quality - Surface Water Runoff. It appears that the proposed sedimentation basins are being designed to remove sediment rather than nutrients. Has the City evaluated retention times in the sediment basins? What kind of sediment removals can be expected? It appears that this project will result in some improvements in water quality in Richfield Lake. However, it is not clear how significant those improvements will be. Has the City developed a detailed hyrologic evaluation for the project? What specific water quality goals is the City hoping to achieve? Response. The City has a detailed hydrologic model for this watershed and intends to incorporate this project during the final design process. The City anticipates treatment of the 1 "- 1.5" rainfall event over the watershed for the Richfield Lake perimeter system. The perimeter system is anticipated to improve the water quality of Richfield Lake and the downstream basins. This system is being incorporated into the site taking into consideration the physical constraints present at the site (i.e. little space is available due to fully developed nature of the area). Therefore, the water will be treated to the greatest extent feasible. Comment. MPCA. Item 29 - Cumulative Impacts: The document states that "there are no past, present, or proposed projects that would interact with this project." Does the Wood Lake project, completed several years ago, have any relationship to this project? Response. There have been past projects that have taken place within the area. These have included the construction of the Richfield Lake outlet 4 years ago, the construction of the outlet at Wood Lake, and dredging at Wood Lake completed last winter. Further, I- le 35W is currently under reconstruction and additional stonnwater will be discharged to Richfield Lake from this project. However, the Richfield Lake Water Quality project, F:\WP WIN\ 1000.08\102099comments.wpd qc-s- EAW for Richfield Lake November 15, 1999 Page 3 the Richfield and Wood Lake outlet construction, and the Wood Lake dredging have been projects that have been completed to mitigate the effects of the stormwater that is directed to these two basins from the fully developed City. Therefore, while the outlets, Wood Lake dredging, and the water quality projects have occurred or will occur within the area, these projects are not anticipated to have a collectively significant negative impact. Comments from the Met Council Comment. MC. Item 8 - Permits and Approvals Required: The EAW lists 6 different permits and approvals for the proposed project. It is very important that all required permits and approvals be finalized before the project begins. Response. The City acknowledges the need to obtain all of the permits prior to any construction activities. Construction will not begin until all permits are secured. 0 Comment. MC. Item 12 - Physical Impact on Water Resources: Council Action Step 4A of the Regional Blueprint states that the Council will work to protect natural watercourses such as lakes, wetlands, rivers, stream, natural drainage courses and the critical adjoining land areas that affect them, to maintain and improve water quality and quantity, and to preserve their ecological functions. Richfield Lake is a natural wetland that is used for storm water management. The proposed project is to excavate approximately 4.88 acres of the Richfield Lake. The proposed project would create a storm water treatment system around the perimeter of the lake and dredge several areas within the lake to remove sediment deltas that have built up over time. In accordance with the Council's policy on wetlands, Council staff generally does not promote activities that impact wetlands. However, in this case, the do nothing alternative would allow continuation of the discharge of untreated storm water and sediment deposition into Richfield Lake. If the City leaves the site as it is, the area will eventually cease to function as a wetland. Council staff would prefer that a separate basin be used to resettle the runoff before it is discharged into Richfield Lake. Council staff is also aware that the city is fully developed and that the acquisition of land to build a basin to retreat the runoff may be cost prohibitive. If there are no alternatives to allow for a separate basin for resettlement, Council staff would prefer the proposed design for resettlement than no action to improve the current situation of the wetland. F:\ W P W IN\ 1000.08\ 102099commeutswpd L4 &- EAW for Richfield Lake November 15, 1999 Page 4 The EAW states that the spoils taken from the lake would be disposed of properly in a non- wetland, non-floodplain site. Council staff concurs with this action. Council staff encourages the City to have the spoils tested before disposing of them. It is very important that contaminated spoils are not disposed at sites where children play such as public playgrounds and parks. Response. The Met Council correctly recognizes the situation that the City is fully developed and there is little to no opportunity to provide pretreatment for storm water prior to discharge to the lake. The City intends to test the sediment prior to excavation of the material to ensure they comply with all rules and regulations. Comment. MC. Item 17 - Water Quality; Surface Water Runoff: The project proposes to improve the quality of storm water runoff received by Richfield Lake through the construction of a perimeter treatment system around the lake. The project proposer needs to develop a maintenance program to maintain the pretreatment area. Without proper maintenance, the perimeter treatment area will begin to fill and allow sediment to directly discharge into the lake. A schedule needs to be developed for removing sediment from the pretreatment area. The City may need to obtain easements as well to allow access to the site in order to perform the required maintenance. Response. An operation and maintenance plan will be prepared by the City and easements will be obtained as part of the final design for this project. Comments from the Minnesota Historical Society Comment. MHS. There are no properties listed on the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Therefore, in our opinion, the "no" response to question 25a is appropriate. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, Procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance or requires a federal permit or license, it should be submitted to our office with reference to the assisting federal agency. Response. No response is necessary. F:\W P W IN\ 1000.08\ 102099comments.wpd 4C "-7 EAW for Richfield Lake November 15, 1999 Page 5 Comments from the Minnesota Department of Natural Resources Comment. MDNR. Our comments pertain to measures that should be taken to limit potential habitat impacts. Specifically: • Dredging in the winter of 1999-2000 should be restricted to the period between December and March to minimize construction-related conflicts with nesting waterfowl or other species such as the yellowheaded blackbird. If construction is delayed, construction should occur between October and March. • Project-related dredging should avoid the river bulrush bed located at the northern end of Richfield Lake. The area should be marked if possible and the dredge operator should be informed of its location and need for impact avoidance. • Disturbed upland area may be susceptible to the introduction of spread of the state- listed noxious weed purple loosestrife. We request that contact occur with Luke Skinner, DNR Purple Loosestrife Program Coordinator, for information on how to avoid the spread of this invasive species to other lakes and wetlands. He can be reached at (651) 297-3763. • Disturbed aquatic areas should be re-vegetated with native species. Please contact Jenny Winkelman, Aquatic Plant Restoration Specialist, at (651) 772-7945 for further information. • Project-related erosion control measures should be monitored during construction, which includes repair for segments that may be damaged. Silt fences in particular must be removed once the vegetation has recovered and the affected area has stabilized to limit potential wildlife. Response. Dredging construction activities will be limited to the winter months. The river bulrush will be minimally disturbed in order to remove sediment at the storm sewer outfall. The City acknowledges the importance of impact avoidance to this species. All disturbed upland and wetland soils will be re-vegetated using native plants and measures will be taken to avoid the spread of purple loosestrife. Further, erosion control measures will be implemented and monitored throughout the construction activity. • F:\W P W [N\ 1000.08\ 102099comments.wpd HC-8 EAW for Richfield Lake November 15, 1999 Page 6 Comments from MnDOT Comment. MnDOT. The Metro Division of MnDOT has reviewed the Richfield Lake Water Quality Project EAW. We apologize for the delay in responding. We find the EAW acceptable and appreciate the opportunity to comment. Response. The City appreciates the comments from MnDOT. No response is necessary. This concludes the responses to comments generated by the Richfield Lake Water Quality Project EAW. If you have questions, please contact me at (612)541-4800. cc: Project File No. 1000.08 F:\W P W M 1000.08\ 102099comments.wpd 4c-9 0 CITY OF RICHFIELD In the matter of the Decision on the FINDINGS OF FACT Need for an Environmental Impact AND CONCLUSIONS Statement (EIS) for the Proposed Richfield Lake Water Quality Project, Richfield, MN. The Richfield Lake Water Quality Project proposes to construct a perimeter stormwater treatment system around Richfield Lake and to dredge sediment deltas within the lake. Pursuant to Minn. R. 4410.4300, subp. 27, the City of Richfield has prepared an Environmental Assessment Worksheet (EAW) for this proposed project. As to the need for an Environmental Impact Statement (EIS) on the project and based on the record in this matter, including the EAW and comments received, the City of Richfield makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. PROJECT DESCRIPTION A. Project . The Richfield Lake Water Quality Project proposes to dredge 4.88 acres of material between 2-9-feet to create a storm water treatment system. An additional 0.32 acres are anticipated to be filled for trail maintenance improvements. Also, 1.40 acres are proposed to be created below the existing OHW of Richfield Lake. B. Project Site The proposed project is within the Richfield Lake public open space. The project is located within the E %2 of the. NE 1/, Section 28, T28N, R24W. II. PROJECT HISTORY A. This project was subject to the mandatory preparation of an EAW under Minnesota R. 4410.4300, subp. 27. B. An EAW was prepared on the proposed project and distributed to the Environmental Quality Board (EQB) mailing list and other interested parries on September 13, 1999. C. A press release containing the notice of availability of the EAW for public review was provided to media serving the project area on September 10, 1999. D. The EAW was noticed in the September 20,1999, EQB Monitor. The public comment period ended on October 20, 1999. Comment letters were received from the Minnesota Historical Society, the Minnesota Pollution Control Agency, the Metropolitan Council, the Minnesota Department of Natural Resources, and the Page I F:I"97M1000.081FOF.wpd L4 C) Minnesota Department of Transportation. Copies of the letters are hereby incorporated by reference. Responses to the comments are also incorporated by reference. III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS Minnesota R.4410.1700, subp. I states that "an EIS shall be ordered for proj ects that have the potential for significant environmental effects." In deciding whether the project has the potential for significant environmental effects, the City of Richfield must consider the four factors set out in Minnesota R.4410.1700, subp. 7. With respect to each of these factors, the City finds as follows: A. TYPE, EXTENT, AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS The first factor that the City of Richfield must consider is "type, extent and reversibility of environmental effects," Minnesota R.4410.1700, subp. 7.A. The City of Richfield findings with respect to each of these issues are set forth below. The type of environmental impacts anticipated as part of this project includes: a. removal of material from a public water b. filling a small portion of the werland Dredging impacts are proposed in order to improve the water quality of a public water. Dredging activity has been minimized in order to reduce impacts to a stand of sedges within the lake. Filling of a small wetland area will be -mitigated through dredging to increase the acreage of the lake. B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS The second factor that the City of Richfield must consider is "the cumulative potential effects of related or anticipated future projects", Minnesota R.4410.1700. supb. 7.B. The City's findings with respect to this factor are set forth below. 1. There have been past projects that have taken place within the area. These have included the construction of the Richfield Lake outlet 4 years ago, the construction of the outlet at Wood Lake, and dredging at Wood Lake completed last winter. Further, 1-3 5W is currently under reconstruction and additional stormwater will be discharged to Richfield Lake from this project. However, the Richfield Lake Water Quality project, the Richfield and Wood Lake outlet construction, and the Wood Lake dredging have been projects that have been completed to mitigate the effects of the stormwater that is directed to these two basins from the fully developed City. Therefore, while the outlets, Wood Lake dredging, and the water quality projects have occurred or will occur within the area, these projects are not anticipated to have a collectively significant negative impact. Page 2 F.IWPW1M1000.081FOF.wpd yc-r 1 C. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY 1. The following permits or approvals will be required for the project: Unit of Government Permit or Approval Required Federal: US Corps of Engineers 4 Section 404 Permit State: DNR 4 Work in protected waters or wetlands DNR 4 Water Appropriations Permit MPCA NPDES Permit; General Storm Water Permit MPCA 4 SDS Permit MPCA 4 401 Certification Local: f Ri Ci hfi ld 4 ty o c e LGU Approval 2. The City of Richfield finds that the potential environmental effects of this project are subject to mitigation by ongoing regulatory authorities such that an EIS need not be prepared. D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PROJECT PROPOSER, OR OF EISs PREVIOUSLY PREPARED ON SIMILAR PROJECTS. The fourth factor that the City of Richfield must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EISs previously prepared on similar projects," Minnesota R.4700.1700, subp. 7.D. The City's findings with respect to this factor are set forth below: The environmental impacts of the proposed project have been addressed in the following plans prepared by the City: 1. City of Richfield Comprehensive Plan . 2. City of Richfield Comprehensive Water Resource Management Plan The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes. Page 3 FAWPW1M1000.0ff0F.wpd 1-I c-Ia U • • CONCLUSIONS 1. The EAW, the permitting process, and comments received on the EAW have generated information adequate to determine whether the proposed development has the potential for significant environmental effects. 2. The EAW has identified areas where the potential for significant environmental effects exist, but appropriate mitigative measures have or will be incorporated into the project plan and/or permits to reasonably mitigate these impacts. 3. The Richfield Lake Water Quality Project is expected to comply with all the City of Richfield standards and review agency standards. 4. Based on the criteria established in Minnesota R.4410.1700, this project does not have the potential for significant environmental effects. 5. Based on the Findings of Fact, the project does not have the potential for significant environmental effects. 6. An Environmental Impact Statement is not required. Page 4 FAW PWIM I000.08\FOF.wpd IrOV lu ul:-r-p 0 ,??dNESOf' a' Minnesota Department of Transportation q0 '/q . Metropolitan Division os M 111 Waters Edge 1500 West County Road B2 Roseville, MN 55113 Post-It,* Fax Nolp 7971 Waco ,i November 3.1909 City of Richfield Attn: Mike Eastling 6700 Portland Avenue, South Richfield, Minnesota 55423 Dear Mike Easding: SUBJECT: Richfield Lake Water Quality Project Minnesota Department of Transportation Review #EAW99-022 Richfield, Hennepin County C.S. 2782 Y(fr o- cal/ Oc ?c to ( r o, Iv+ " tP The Metro Division of the Minnesota Department of Transportation (Ma/DOT) has reviewed the Richfield Lake Water Quality Project Environmental Assessment Worksheet (EAW). We apologize for the delay in responding. We find the LAW acucptable and appreciate the opportunity to comment. This letter represents the transportation concerns of Mn/DOT Metro Division. Other environmental concerns raised by a wider Mn/DOT review may be forwarded to you in a separate letter. Please contact me at (651) 5R2-1468 with any questions regarding this review. 0 Sincerely, Sharon Anderson Transportation Planner / Local Government Liaison cc: Gciald Larson - Mn/DOT Environmental Services Peter Willenbring, P.E. - WSB & Associates N O V - a. 1909 An equal opportunity employer qC-l4 Minnesota Pollution Control Agency v- October 19, 1999 RECEIVED OCT 2 0 1999 Mr. Mike Eastling City of Richfield WSB & ASS0' r 6700 Portland Avenue South Richfield, Minnesota 55423 Re: Environmental Assessment Worksheet (EAW) for Richfield Lake Dear Mr. Eastling: The Minnesota Pollution Control Agency (MPCA) staff has reviewed the above-referenced EAW. The project involves constructing a perimeter storm water treatment system around Richfield Lake and dredging sediment deltas within the lake. The following comments are offered for your consideration. Item 6 - Project Description is The document discusses the filling of a portion of Richfield Lake. What will this fill be comprised of? Given the length of time it typically takes to obtain a State Disposal System (SDS) Permit for the disposal of dredged material, the time-frame for construction may not be realistic. Item 8 - Permits and Approvals Needed A SDS permit will be needed from the MPCA that would address the disposal of dredged materials from Richfield Lake. The person to contact to discuss the SDS permit is Ms. Judy Mader. She can be contacted at (651) 296-7315. Item 16 - Erosion and sedimentation A revegetation plan and an operation and maintenance plan for the sedimentation basins are needed for this project. Item 17 - Water Quality - Surface Water Runoff It appears that the proposed sedimentation basins are being designed to remove sediment rather than nutrients. Has the City evaluated retention times in the sediment basins? What kind of sediment removals can be expected? 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes + Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. L4 c- I 5 Mr. Mike Eastling Page Two It appears that this project will result in some improvements in water quality in Richfield Lake. However, it is not clear how significant those improvements will be. Has the City developed a detailed hydrologic evaluation for the project? What specific water quality goals is the City hoping to achieve? Item 29 - Cumulative impacts The document states that "there are no past, present, or proposed projects that would interact with this project." Does the Wood Lake project, completed several years ago, have any relationship to this project? Thank you for the opportunity to review this proposal. Please note that the City, as the responsible governmental unit for the EAW, must provide specific responses to these comments pursuant to Minn. R. Pt. 4410.1700, subp. 4. If you should have any questions, please feel free to contact me at (651) 282-5992. Sincerely, Lynne Kolze Planner Principal Operations and Planning Section Metro District LK:sjs Cc: Peter Willenbring, WSB & Associates Mark Tomasek, MPCA, MD/CAP Judy Mader, MPCA, ND/DL (0 floor) Metropolitan Council Working for the Region, Planning for the Future 0 14 C:-i Environmental .Services October 1, 1999 Mr. Michael Eastling City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 RECEIVED OCT 0 6 1999 WSB & ASSOCIATES RE: Richfield Lake Water Quality Project - Environmental Assessment Worksheet Metropolitan Council District 5 Referral File No. 18061-1 Dear Mr. Eastling: Council staff has conducted a review of this environmental assessment worksheet (EAW) to determine its adequacy and accuracy in addressing regional concerns. The staff review finds that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An Environmental Impact Statement is not necessary for regional purposes. However, staff provides the following comments for your consideration. Item 8 - Permits and Approvals Required The EAW lists 6 different permits and approvals required for the proposed project. It is very important that all required permits and approvals be finalized before the project begins. Item 12 - Physical Impact on Water Resources Council Action Step 4A of the Regional Blueprint states that the Council will work to protect natural watercourses such as lakes, wetlands, rivers, streams, natural drainage courses and the critical adjoining land areas that affect them, to maintain and improve water quality and quantity, and to preserve their ecological functions. Richfield Lake is a natural wetland that is used for storm water management. The proposed project is to excavate approximately 4.88 acres of the Richfield Lake. The proposed project would create a storm water treatment system around the perimeter of the lake and dredge several areas within the lake to remove sediment deltas that have built up over time. 230 East Fifth Street . St. Paul. Minnesota 55101-1626 (651) 602-1005 Fax 602-1183 TDD/TTY 229-3760 t4 C,-1 I In accordance with the Council's policy on wetlands, Council staff generally does not promote discharged into Richfield Lake. Council staff is also aware that the city is fully developed and that the acquisition of land to build a basin to pretreat the runoff may be cost prohibitive. If there are no alternatives to allow for a separate basin for presettlement, Council staff would prefer the proposed design for presettlement than no action to improve the current situation of the wetland. allow continuation of the discharge of untreated storm water and sediment deposition into Richfield Lake. If the city leaves the site as it is, the area will eventually cease to it is function as a activities Council staff that would impact area prefer that a wetlands. separate However, basin in be this used to case, the do presettle the nothing runoff alternatibeforeve would wetland. The EAW states that the spoils taken from the lake would be disposed of properly in a non- wetland, non-floodplain site. Council staff concurs with this action. Council staff encourages the city to have the spoils tested before disposing of them. It is very important that contaminated spoils are not disposed at sites where children play such as public playgrounds and parks. Item 17 - Water Quality, Surface Water Runoff The project proposes to improve the quality of storm water runoff received by Richfield Lake through the construction of a perimeter treatment system around the lake. The project proposer needs to develop a maintenance program to maintain the pretreatment area. Without proper maintenance, the perimeter treatment area will begin to fill in and allow sediment to directly discharge into the lake. A schedule needs to be developed for removing sediment from the pretreatment area. The city may need to obtain easements as well to allow access to the site in order to perform the required maintenance. Thank you for the opportunity to comment on this EAW. The Council will take no formal action on the EAW. If you have any questions or need further assistance, please contact Judy Sventek, Senior Environmental Planner, at 651-602-1156. Sincerely, Helen Bo er ' 'V -'r? rj--? Y Director, Environmental Services Division cc: Phil Riveness, Metropolitan Council District 5 Keith Buttleman, Director, MCES Environmental Planning and Evaluation Dept. Judy Sventek, Metropolitan Council Watershed Coordinator Tom Caswell, Metropolitan Council Sector Representative Jack Frost, Metropolitan Council Watershed Coordinator October 6, 1999 Mr. Mike Eastling City of Richfield 6700 Portland Avenue South Richfield, MN 55423 444-- F qC-1 00 RECEIVED MINNESOT-k 14IS'T01U(;A1.Soc.it,'n' OCT 12 1999 STATE HISTORIC PRESERVATION OFFICE WSB & A55OCIA! RE: EAW - Richfield Lake Water Quality Project Richfield, Hennepin County SHPO Number: 99-4167 Dear Mr. Eastling: Thank you for providing this office with a copy of the Environmental Assessment Worksheet for the above-referenced project. It has been reviewed pursuant to responsibilities given to the Minnesota Historical Society by the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act and is through the process outlined in Minnesota Rules 4410.1600. There are no properties listed on the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Therefore, in our opinion, the "no" response to question 25a is appropriate. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, Procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal permit or license, it should be submitted to our office with reference to the assisting federal agency. Please contact Dennis Gimmestad at (651)296-5462 if you have any questions regarding our review of this project. Sincerely, -b, d - t\ .wAJl?._ Britta L. Bloomberg U Deputy State Historic Preservation Officer tl I?I:I.I.?N:1:Itl?l \\SU\'I' I'\1 I.. III\?I:?1)-I'\:1.,102 1906/ I•ELI;I'lIf)\I. r,.-,I 'vi,6126 Oct 21 99 08:33a Oct 20 1999 12:54 is October 19. 1999 Minnesota Department of Natural Resources 5aULafayetteRoau 10 St. Paul. Minnesota 55113.40- Michael Easding, Director of Public Works City of Richfield 6700 Portland Avenue South Richfield, MN 55423 RE: Post-ir Fax Note Richfield Lake Water Quality project -- Environmenta) Assessment Worksheet (EAW) Dear Mr. Eastling P. 01 `-l C-1 l The Deparancnt of Natural Rcsourccs (DNR) has reviewed the EAW for the Richfield Lake Water Quality Project. We appreciate the ongoing consultation with DNR and encourage its continuation as the DNR protected waters permit process moves forward. We offer the following comments for your consideration. Our comments pertain to measures that should be taker to limit potential habitat impacts. Specifically: • Dredging in the winter of 1999-2000 should be restricted to the period between December and March to minimize construction-mlated conflicts with nesting waterfowl or other species such ac the ycllowheaded blackbird. if construction is delayed, construction should not occur between October and March. Project-related dredging should avoid the river bulrush bod located at the northem end of Richfield Lake. The area should be marked if possible and the dredge operator should be informed of its location and need for impact avoidance. • Disturbed upland areas may be susceptible to the introduction of spread of the state-listed noxious weed purple loosestrife. We request that contact occur with Luke Skinner. DNR Purple Lwwstrtre rrogran Coordinator. for information on how to avoid the cprced of this invaa;vc species to other lakes and wetlands; he can be reached at (651) 297-3763. • Disturbed aquatic areas should be revegetated with native species. Please contact Jenny Winkelman, Aquatic Plant Restoration Specialist, at (651) 772-7945 for further information. • Project-related erosion control measures should be monitored during construction, which includes repair for segments that may be damaged. Silt fences in particular must be removed once the vegetation has recovered and the affected area has stabilized to limit potential wildlife impacts. 1 bNCi, Ynloemation: 651-296-6157 1-688-646.6369 - TTY: 651-2964484 )-800.657-3929 P.J An Vgval Oppoaoauy Employa Who Values Diweuty 0 Pernva on Aecytrad PparCorwaWng a 1ANaaee M c0% Pott.CoFW~ Wash Oc.t 21 99 08:33a q c-C),o Michael Fettling, Director of Public Work., October 19. 1999 Oct 20 1999 12:54 P.02 Thank you for the opportunity to review this project. We do not recommend preparation of an environmental impact statement (E1S) based upon natural resource considerations. We look forward to receiving your record of decision and responses to comments. Minnesota Rules part 4410.1 700. subparts 4 do S. require you to send us your Record of Decision within five days of deciding this action. Please contact Bill Johnson of my staff at (651) 296-9229 if you have questions regarding this letter. Sincerely, S'Y. t?Yi.C? aromas W. Balcom, Superv isor / Environmental Planning dt Review Section Office of Mannecmcut and Budget Services c: Kathleen Wallace Con Christianson Joe Oschwald Luke Skinner, Ecological Services Jc4tuy Winkelman, Section offisheries Russ Peterson, USFWS Jon Larsen, EQB 920000195.0001 R1CHFIELD.u'po p.4 Oct 29 1999 1035 P.01 y c-a1 0 w State of Minnesota Department of Natural Resources Office of Management and Budget Services 500 Lafayette Rd, Box 10 n" St. Paul, MN 55155 FACSIMILE TRANSMITTAL COVER SHEET Number of pages including cover sheet: ?-' DATE: TO: p ?S? ' `?JS r? W Qom- l? ' Telephone Number: Fax Number: 7k FROM: A 47;X Ajp2 / ?d Y Telephone Number: 6J-1 Fax Number: -z9G ? ZZ.9 COMMENTS: CONFIDENTIALITY NOTICE The document(s) accompanying this cover sheet may contain confidential information which is legally protected. The information is intended only for the use of the intended recipient named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information by you is strictly prohibited and may result in a criminal penalty. If you have received this fax in error, please notify us by telephone to arrange for the return of the documents to us. Oct 29 1999 10:36 F.U1 q C-aa 0. DEPARTMENT OF NATURAL RESOURCES STATE OF MINNESOTA OFFICE OF MANAGEMENT & BUDGET. SERVICES Office Memorandum Date: October 29, 1999 To: Andrea Moffet WSB & Associates Consulting From: Bill Johnson Phone: 651-296-9229 Environmental Planning & Review Section Re: Richfield Lake Water Quality Project EAW Correction to DNR Comments Andrea, you have correctly identified an error in the comments DNR provided to the City of Richfield on October 19, 1999 regarding this EAW. Here is the corrected version of the recommendation: • "Dredging in the winter of 1999-2000 should be restricted to the period between December and March to minimize construction-related conflicts with nesting waterfowl or other species such as the yellowheaded blackbird. If construction is delayed, construction should occur between October and March." Thank you for bringing this to my attention. I apologize for any inconvenience this error has entailed. Please feel free to contact me with any other questions. richc=r.wpd *20000195-0001 0 CITY OF RICHFIELD, MINNESOTA q6 Council Letter No290 Agenda December 13, 1999 Issue Statement: City Council resolution appointing representatives to the Richfield Tourism Promotion Board, Inc. Background: On June 25, 1990 the City Council approved an ordinance to levy a 3% tax on gross receipts of lodging from Richfield hotels and motels pursuant to Minnesota Statutes. The establishment of the Richfield Tourism Promotion Board, Inc. and the appointment of three directors was also a part of the resolution. The terms of the appointment are for three years and are staggered to maintain Board continuity. The current members of the Tourism Board and the ending dates of their current terms are as follows: 1. Bill Brusman, Vice President of Realty Management services, Inc. representing the Hampton Inn, term ending December 31, 2001. 2. Larry Zielke, Attorney representing the Richfield Chamber of Commerce, term ending December 31, 1999. 3. Jeff Andrews, Americlnn, term ending December 31, 2000. • Larry Zielke, the Richfield Chamber of Commerce representative whose term expires on December 31, 1999 is not interested in seeking reappointment. Mr. Zielke is one of the original appointees to the Tourism Board. As Mr. Zielke's replacement, the Chamber of Commerce is recommending that Cathy Sulla be appointed as the Chamber representative. Ms. Sulla is currently the Membership Director for the Richfield Chamber and has been on the Chamber of Commerce Board of Directors for the past two years. Beginning January 1, 2000, Ms. Sulla will become the Second Vice Chair of the Chamber of Commerce Board. During her tenure with the Chamber of Commerce, Ms. Sulla has also chaired the Gala and Ambassador Committees. Ms. Sulla would be an excellent addition to the Tourism Board. The third position on the Tourism Board is currently held by Jeff Andrews representing the Americlnn. Mr. Andrews's term is set to expire December 31, 2000. However, the Americlnn changed ownership during 1999 and Mr. Andrews is no longer associated with the Americlnn property. Thus, the remaining portion of the third position should also be filled. The current Tourism Board members have recommended Erika Olmstead, the General Manager of Candlewood Suites, be appointed to complete the term for the third Board position. Ms. Olmstead has been the General Manager of the Candlewood facility since it opened in Richfield and has periodically attended Richfield Tourism Board meetings. Ms. Olmstead would also be an excellent addition to the Richfield Tourism Board. Recommended Motion: Adopt the attached resolution making the following appointments: 1. Appoint Cathy Sulla as the Richfield Chamber of Commerce representative for a three-year term expiring on December 31, 2002. 2. Appoint Erika Olmstead, Manager of Candlewood Suites, to complete a three-year term ending December 31, 2000. Basis of Recommendation: 1. The City Council has the authority to make annual appointments to the Richfield Tourism Board. 2. Ms. Sulla, the proposed representative for the Chamber of Commerce, has been recommended by the Chamber and is willing to be appointed to the Tourism Board. 3. Ms. Olmstead, Manager of Candlewood Suites, is also interested in being appointed to the Tourism Board and Tourism Board members recommend her appointment. 4. The Tourism Board has, -since its inception,-included representatives of hotel/motel operations as well as the Chamber of Commerce. 5. Vacancies on the Board exist and need to be addressed through these appointments. Alternative Recommendation: The City could seek alternative representatives for these Board appointments and/or postpone the appointments to a future date. Discussion/Decision Mode: It is suggested that City Council make the appointments of Ms. Sulla and Ms. Olmstead at the December 13, 1999 City Council Meeting so they may assume their respective positions on January 1, 2000. . Resp ully submitted, Sh a Orduno nager SO:cak q6-2- RESOLUTION NO. RESOLUTION APPOINTING REPRESENTATIVES TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of lodging from hotels and motels in the City pursuant to Minnesota Statute Section 169.190; and WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center; and WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board, Inc. provide the City Council of the City of Richfield appoint three directors to the Board representing the Richfield hotel-motel properties and the Richfield Chamber of Commerce; and WHEREAS, each director shall serve as a director until his or her successor has been appointed and has qualified, or until his or her earlier disqualification, death, resignation, or removal; and WHEREAS, the term of Larry Zielke, the representative for the Richfield Chamber of Commerce, expires on December 31, 1999 and Mr. Zielke has indicated that he does not wish to be re-appointed to the Board; and WHEREAS, Cathy Sulla has been recommended by the Richfield Chamber of Commerce to succeed Mr. Zielke as the Chamber representative, and WHEREAS, Erika Olmstead, the representative of Candlewood Suites, has been recommended by the Richfield Tourism Board to complete the final year of the three- year term of Jeff Andrews ending December 31, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Richfield Tourism Promotion Board directors be modified as follows: 1. Appoint Cathy Sulla as the Richfield Chamber of Commerce representative to the Richfield Tourism Promotion Board for a three-year term ending December 31, 2002. 2. Appoint Erika Olmstead, Candlewood Suites, to the Richfield Tourism Promotion Board for the remainder of a three-year term ending December 31, 2000. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 1999. Martin J. Kirsch, Mayor 40 ATTEST: Thomas P. Ferber, City Clerk i chfi e1 d RECEIVED R CHAMBER OF COMMERCE DEC 0 3 'RV- q3-3 December 2,1999 The Honorable Martin J. Kirsch Mayor City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Dear Mayor: With the decision of Larry Zielke to not seek another term on the Richfield Tourism and Promotion Board (RTPB), it is necessary to try to recommend a replacement for him. The Richfield Chamber of Commerce Board of Directors on December 10th will officially recommend Cathy Sulla for appointment to the RTPB Board. Cathy is a member of the Richfield Chamber of Commerce Board of Directors and beginning January 1, 2000 will assume the position of Vice Chair of the Board. As an active community member in a number of positions including President of the Richfield Fourth of July Committee, Cathy has distinguished herself in these leadership capacities. Her involvement with the Miss Richfield Ambassador's program is without equal. I trust the Richfield City Council will look favorably upon this recommendation. yam's,/ PRESIDENT SL:cs cc: Mr. Steve Devich Ms. Cathy Sulla Richfield Chamber Board of Directors "Serving Richfield for 44 Years" 1401 WEST 76TH STREET, SUITE 130 • RICHFIELD, MN 55423 • TELEPHONE: (612) 866-5100 4A CITY OF RICHFIELD, MINNESOTA Council Letter No. 289 Agenda December 13, 1999 Issue Statement: Consideration of a revised resolution which specifies certain improper conduct of on- sale intoxicating liquor, wine and 3.2 malt liquor licensees and recommended discipline action. Background: At the April 26, 1999, City Council meeting, the City Council approved Resolution No. 8714 that specifies certain improper conduct of alcohol license holders and delineates the progressive discipline that can be expected when violations occur. This is the resolution that is referenced each year at the time that alcohol licenses are renewed. Staff was recently notified by the City Attorney's office that in two instances, the fines identified in section II, paragraph "f' exceeded the maximum fines allowable under State Statute. This section outlines the fines that can be expected if there is a sale, consumption or service to a minor of intoxicating liquor, wine or 3.2 malt liquor. It will be necessary to amend numbers 3 and 4 in section II, paragraph "f," by reducing the fines for a third sale of alcohol to a minor offense from $2,500 to $1,750 and for a fourth offense from $3,500 to $2,000. The State does not allow for fines to exceed $2,000 on any one offense. Although, there is currently a third time offense by an establishment in Richfield for selling alcohol to a minor, they have not yet been fined. Staff's recommendation is that they receive the amended fine of $1,750 for the third offense as recommended in the updated alcohol resolution. It is recommended that an additional section "g" be added to the resolution that addresses the other requirements the Council may impose upon an establishment, aside from a license suspension and a fine. This may include a meeting with the Director of Public Safety, mandatory educational sessions with Crime Prevention staff and other actions that the City Council deems appropriate. There is also language to clarify the initial appearance process before the City Council when an offense has occurred. This was added in an effort to provide to establishments more clarity as to what the Council's expectations were in dealing with establishments. It outlines the options that are available to them when appearing before the City Council in responding to the Council's request for their attendance at the meeting. A copy of the resolution is attached to this letter with the recommended new language underlined. qP_1 Recommended Motion: Request for consideration and approval of a revised resolution which specifies certain improper conduct of on-sale intoxicating liquor, wine and 3.2 malt liquor licensees and recommended discipline action. Basis of Recommendation: 1. The fines identified in the current Resolution No. 8714 exceed the State of Minnesota maximum amount for service of alcohol to a minor violation. 2. The addition of paragraph "g" is an effort to clarify for establishments the requirements that the City Council may impose on them in addition to a license suspension and fine. 3. The addition of paragraph "g" will also clarify for establishments the initial appearance process before the City Council. It should also identify what the Council's expectations are in terms of dealing with establishments, as well as the options available to offending establishments when appearing before the City Council. Alternative Recommendation: 1. The Council could decide to leave Resolution No. 8714 as it is, which would mean that Richfield's fine structure would exceed the amount allowed by State Statute. Discussion/Decision Mode: The consideration and approval of a revised resolution which specifies certain improper conduct of on-sale intoxicating liquor, wine and 3.2 malt liquor licensees and recommended discipline action is presented for Council consideration at this time. Respectfully submitted, ha Orduno City Manager SO:ds 0 0-a CITY OF RICHFIELD RESOLUTION NO. RESOLUTION SPECIFYING CERTAIN IMPROPER CONDUCT OF ON-SALE INTOXICATING LIQUOR, WINE AND 3.2 MALT LIQUOR LICENSEES AND STATING RECOMMENDED DISCIPLINE REPLACING RESOLUTION NO. 8714 BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. BACKGROUND STATEMENT The City of Richfield annually issues a number of licenses permitting the sale of on-sale intoxicating liquor, wine and 3.2 malt liquor within the City. The conduct of the licensed activity is governed by the provisions of Section 1200 of the City Code. Although, the provisions of that Section describe in a general way what is expected of licensees in the proper conduct of the licensed activity, the City Council is concerned that licensees should have a more specific understanding of the types of conduct, generally described in the Code, which may subject their licenses to discipline; and further that they have a clear understanding of the scope and nature of the discipline which may be imposed for certain specific conduct. The levels of discipline described in this resolution will be imposed only in accordance with the applicable provisions of law. The list of activities and conduct contained in this resolution is not intended to be exhaustive, but rather concentrates on the types of conduct most frequently observed at licensed establishments. Other activity or conduct which is detrimental to the public safety, health, morals and welfare and which constitutes a violation of the provisions of Section 1200 of the City Code may also subject liquor licenses to discipline. The actions, which the City may take in accordance with this resolution, are not intended to preclude such further actions such as actions in law or in equity or criminal prosecution available to the City for the conduct described in this resolution. II. SPECIFIC PROHIBITED CONDUCT AND PROPOSED SANCTIONS. A. Noise and Other Disturbing Conduct Within or Near the Licensed Premises. Licensees are responsible for the conduct of their patrons while within the licensed establishment; and of individuals within the immediate vicinity of the establishment whom are either coming to or leaving the establishment. The City is unwilling to permit the continued operation of a licensed alcohol establishment in circumstances where it is evident that the licensed activity is having a detrimental impact upon the health, welfare, safety and morals of the community and patrons of the establishment. The following discipline may be imposed upon on-sale intoxicating liquor, wine and 3.2 malt liquor 40 licenses for verified reports of criminal misconduct occurring on or near the licensed 4A3 premises and attributable to patrons of the establishment (including persons entering or leaving): 1) For five (5) such incidents occurring within less than a 31-day period (beginning with the date of the first of such five incidents) - suspension of the license for up to 10 days and a civil fine of $2,000 for each incident. 2) For ten (10) such incidents occurring within less than a 61-day period (beginning with the date of the first of such incidents) - suspension of the license for up to 30 days and a civil fine of $2,000 for each incident. 3) For fifteen (15) such incidents occurring within any 91-day period (beginning with the date of the first of such incidents) - suspension of the license for up to 60 days and a civil fine of $2,000 for each incident. The discipline outlined above is intended to be cumulative in nature, and incidents which give rise to discipline (or the right to discipline) during a shorter period may be counted in determining whether discipline is appropriate during a longer period. The term "verified reports of criminal misconduct" means a report made to the Director of Public Safety by the licensee or a complaint made by others concerning an incident constituting a crime under the City Code of the laws of the State of Minnesota, which, in the opinion of the Director, is directly attributable to the licensed activity. Verified reports of criminal misconduct do not of necessity mean requests for service, and licensees shall not be required to make requests for services in situations where the licensee is capable of resolving the incident without police assistance. However, it is necessary for the City to have an accurate measure of the level of criminal misconduct. The Department of Public Safety shall establish standards and criteria for the making of such reports by the licensee. If the licensee fails to make the required reports of criminal misconduct in accordance with such standards and criteria, the following additional discipline may be imposed upon its on-sale intoxicating liquor, wine or 3.2 malt liquor license: 1) For the first incident of failure to report criminal misconduct within any license year- suspension of license for up to five days and a civil fine of $2,000. 2) For the second such incident in any license year - suspension of license for up to 10 days and a civil fine of $2,000. 3) For the third such incident in any license year - suspension of license for up to 15 days and a civil fine of $2,000. B. Serving Alcoholic Beverages Beyond the Interior of the Licensed Premises or Permitting Patrons to Leave such Licensed Premises with Alcoholic Beverages. Licensees must assure that the service and consumption of alcoholic beverages will be confined only to those areas permitted by the license. Failure to do so may have 4A ?l an evident and adverse impact upon other activities lawfully occurring within the area and creates a substantial risk of criminal behavior such as violation of the Open Bottle Law. The following discipline may be imposed upon on-sale intoxicating liquor, wine and 3.2 malt liquor licenses: 1) The first incident during the license year- up to a 10-day suspension and $2,000 civil fine. 2) The second incident during the license year -- up to a 30-day suspension and $2,000 civil fine. 3) The third incident during the license year - up to a 60-day suspension and $2,000 civil fine. 4) The fourth incident during the license year- revocation of license. C. Permitting Occupancy to Exceed the Limits Permitted Under the Uniform Fire Code 25.114 (overcrowding) Licensees are absolutely bound to prevent situations in which the licensed premises become overcrowded. The City finds that the opportunity to serve alcoholic beverages contributes to an environment wherein overcrowding, if not strictly controlled by the licensee, may occur. Each liquor license issued shall state the maximum occupancy limit for the licensed premises. The following discipline may be imposed upon on-sale intoxicating liquor, wine or 3.2 malt liquor licenses for incidents of overcrowding verified by the City's Public Safety Director or their designee: 1) The first incident during the license year- up to a 10-day license suspension and $2,000 civil fine. 2) The second incident during the license year - up.to a 30-day suspension and $2,000 civil fine. 3) The third incident during the license year - up to a 60-day suspension and $2,000 civil fine. 4) The fourth or subsequent incident during the license year - revocation of the license. D. Facilitating Gambling. Licensees must not permit or allow any condition to occur on the licensed premises, which would facilitate gambling activity. Licensees may not permit any device on the licensed premises, which could be used, for gambling. Such devices include blackjack tables, video games of chance, roulette wheels and any other amusement or gambling device as defined in Minnesota Statutes, Chapters 349 and 609, and Richfield City code Subsections 1100.13 and 1100.01. For any incident of facilitation of gambling, the on-sale intoxicating liquor, wine or 3.2 malt liquor license may be suspended for up to a period of days equal in number to the period of days that such incident continued. 4A-5 0 E. Effect of Suspension or Revocation of Food License. On-sale intoxicating liquor, wine or 3.2 malt liquor licenses which are issued to establishments because they qualify as restaurants shall cease to be valid for any period of time during which the establishment's food license is under suspension or revocation as the result of actions taken by the City Manager, enforcement officer or both pursuant to Subsection 615.05, subdivision 6 of the City Code. The on-sale sale of intoxicating liquor, wine or 3.2 malt liquor during such period shall constitute an unlicensed sale. F. The Sale, Consumption or Service to a Minor of Intoxicating Liquor, Wine or 3.2 Malt Liquor. Licensees must assure that the sale, consumption or service to a minor of any alcoholic beverage is prohibited under any condition. Failure to do so will result in swift and severe progressive civil penalties. The following discipline will be imposed upon on-sale intoxicating, wine or 3.2 malt liquor licenses for verified reports or compliance checks of misconduct occurring at the establishment: 1) For a first offense, the establishment's license will be suspended for 2 days and a civil fine of $500 will be due and payable to the City. 2) For a second offense, (if within 2 years of the 1st offense), the establishment's license will be suspended for 5 days and a civil fine of $1500 will be due and payable to the City. If the offense occurs outside of 2 years of a 1st offense, it will be considered a first offense. 3) For a third offense, (if within 3 years of the 2nd offense), the establishment's license will be suspended for 10 days and a civil fine of 1750 will be due and payable to the City. If the offense occurs outside of three years of a second offense, it will be considered a 2nd offense. 4) For a fourth offense, (if within 4 years of the 3rd offense), the establishment's license will be revoked and a civil fine of 2000 will be due and payable to the City. If the offense occurs outside of four years of a third offense, it will be considered a 3rd offense. G. General provisions regarding sanctions. In addition to the sanctions listed for specific offenses listed in paragraphs A through F above, the City Council may impose other mandatory requirements upon the establishment such as: meetings with the Public Safety Director to present a plan of action to assure that the problem will not continue; mandatory educational sessions with Crime Prevention staff; or other actions that the City Council deems appropriate. The City Council retains the right to modify the provisions of this resolution from time to time and to impose penalties greater than or less than those contained herein when in T/7 the judgment of the Council it is appropriate to do so. The City Council may suspend all or a portion of any penally or license suspension upon compliance with such conditions as the Council deems appropriate. Prior to imposing any monetary penalty or license suspension or revocation, the City Council will set an initial appearance at which the licensed establishment must appear before the City Council to admit or deny the violation. If the violation is admitted, the licensed establishment will be allowed to explain any mitigating circumstances at the time of the initial appearance. If the violation is denied, the licensed establishment may request a hearing at or prior to the initial appearance. Licensed establishments may explain mitigating circumstances or request a hearing in writing prior to the initial appearance or may do so orally by appearing at the initial appearance. The City Council strongly encourages licensed establishments to make a personal appearance at the initial appearance. A licensed establishment that does not request a hearing at or prior to the initial appearance will be deemed to have waived its right to a hearing, and the City Council may deem the violation admitted and impose sanctions as provided in this resolution. Where a hearing is requested, the City Council may conduct the hearing or refer the hearing to an independent hearing examiner. All hearings involving possible suspension or revocation of a license will be conducted in accordance with Minnesota Statutes, chapter 14. 1999. Passed by the City Council of the City of Richfield this 13th day of December ATTEST: Thomas Ferber, City Clerk Martin J. Kirsch, Mayor