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12-14-98 agendaCITY OF RICHFIELD, MINNESOTA • MONDAY, DECEMBER 14, 1998 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) SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION OF NOVEMBER 23,1998; (2) REGULAR CITY COUNCIL MEETING OF NOVEMBER 23,1998; (3) SPECIAL CITY COUNCIL MEETING OF DECEMBER 7, 1998; (4) SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION (CITY MANAGER EVALUATION) OF DECEMBER 9,1998; AND (5) SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION (AIRPORT) OF DECEMBER 9, 1998 PRESENTATIONS 1. PRESENTATION OF CERTIFICATES OF APPRECIATION TO PRECINCT ELECTION JUDGE CHAIRPERSONS AND ASSISTANT CHAIRPERSONS 2. PRESENTATION OF CERTIFICATE OF RECOGNITION TO THE ACADEMY OF HOLY ANGELS FOR BLUE RIBBON SCHOOLS AWARD INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 3. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 4. COUNCIL APPROVAL OF AGENDA 0 CONSENT CALENDAR 5. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE • ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. ,,A. CONSIDERATION OF APPROVAL OF RESOLUTION REAPPOINTING BILL BRUSMAN TO THE RICHFIELD TOURISM BOARD, INC. FOR THREE YEAR TERM ENDING DECEMBER 31, 2001 C.L. 300 B. CONSIDERATION OF APPROVAL OF CITY MANGER'S REAPPOINTMENT OF CONNIE MURRAY AND PAUL WASKO TO TWO-YEAR TERMS AS HEARING EXAMINERS C.L. 301 l __'_C. CONSIDERATION OF APPROVAL OF RESOLUTION ACCEPTING TWO AUTOMATED EXTERNAL DEFIBRILLATORS AWARDED TO RICHFIELD POLICE DIVISION BY STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY C.L. 302 D. CONSIDERATION OF APPROVAL OF CONTINUATION OF AGREEMENT WITH CITY OF BLOOMINGTON FOR PROVISION OF PUBLIC HEALTH SERVICES FOR 1999 C.L. 303 E CONSIDERATION OF APPROVAL OF CONTINUATION OF AGREEMENT . i WITH CITY OF BLOOMINGTON FOR INSPECTIONAL SERVICES FOR 1999 AND 2000 C.L. 304 F. CONSIDERATION OF APPROVAL OF ON-SALE 3.2 PERCENT MALT LIQUOR, ITINERANT PLACE OF AMUSEMENT, AND ITINERANT FOOD LICENSES WITH FEES WAIVED FOR SNO-BALL FAMILY EVENT AT CHURCH OF THE ASSUMPTION ON JANUARY 30, 1999 C.L. 305 _,,G. CONSIDERATION OF APPROVAL OF EXECUTION OF COOPERATIVE AGREEMENT BETWEEN MINNEHAHA CREEK WATERSHED DISTRICT AND CITY OF RICHFIELD REGARDING PERMITTING AUTHORITY C.L. 306 CONSIDERATION OF APPROVAL OF AWARD OF TWO-YEAR CONTRACT TO CUTLER-MAGNER COMPANY FOR QUICK LIME FOR WATER TREATMENT IN AMOUNT OF $174,804 C.L. 307 CONSIDERATION OF APPROVAL OF REJECTION OF BID OF VAN WATERS & ROGERS, INC. AND AWARD TWO-YEAR CONTRACT TO FEED-RITE CONTROLS, INC. FOR SODA ASH FOR WATER TREATMENT IN AMOUNT OF $76,400 C.L. 308 PUBLIC HEARINGS 6. PUBLIC HEARINGS TO CONSIDER THE FOLLOWING 1999 LIQUOR LICENSE RENEWALS: A. ON-SALE, SUNDAY LIQUOR AND TAVERN FOR CHI-CHI'S, INC., DBA CHI- CHI'S MEXICAN RESTAURANT, 7717 NICOLLET AVENUE C.L. 309 B. ON-SALE AND SUNDAY LIQUOR FOR DF&R OPERATING COMPANY, INC., DBA DON PABLO'S, 980 WEST 78TH STREET C.L. 310 i _.C. ON-SALE AND SUNDAY LIQUOR FOR AMERICANA DINING CORPORATION, DBA CHAMPPS SPORTS CAFE, 790 WEST 66TH STREET C.L. 311 /D. ON-SALE AND SUNDAY LIQUOR FOR PAISAN INCORPORATED, DBA KHAN'S MONGOLIAN BARBEQUE, 500 EAST 78TH STREET C.L. 312 _-E-: ON-SALE AND SUNDAY LIQUOR FOR THE GROUND ROUND OF MINN., INC., DBA THE GROUND ROUND, 1500 EAST 78TH STREET C.L. 313 F. CLUB ON-SALE AND SUNDAY LIQUOR FOR FRED BABCOCK V.F.W. POST NO. 5555, 6401 LYNDALE AVENUE C.L. 314 G. CLUB ON-SALE AND SUNDAY LIQUOR FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE C.L. 315 H. ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR THOMPSON'S FIRESIDE PIZZA, INC., DBA FIRESIDE PIZZA, 6736 PENN AVENUE C.L. 316 1. ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR FRENCHMAN'S, 1400 EAST 66TH STREET C.L. 317 ?,J ' ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR GIN NG INC., DBA SILVER SPOON RESTAURANT, 6700 PENN AVENUE C.L. 318 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. 319 _,,L. ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR SUBECK INCORPORATED, DBA KETSANA'S THAI RESTAURANT, 7545 LYNDALE AVENUE C.L. 320 7. PUBLIC HEARINGS TO CONSIDER THE FOLLOWING 1999 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE RENEWALS: .!METRO PAWN AND GUN, INC. 7529 LYNDALE AVENUE C.L. 321 ,B' PLAZA PAWN, 6414 NICOLLET AVENUE C.L. 322 ?&-- PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING AMENDED CONDITIONAL USE PERMIT TO ALLOW INCREASE IN RESTAURANT SEATING CAPACITY FOR 90 TO 150 AT 6519 NICOLLET AVENUE COUNCIL LETTER NO. 323 9. PUBLIC HEARING REGARDING AMENDED PLANNED UNIT DEVELOPMENT PLAN, FINAL DEVELOPMENT PLAN AND CONSIDERATION OF RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR GRAMERCY PARK COOPERATIVE, 710 LAKE SHORE DRIVE AND 6724 LYNDALE AVENUE COUNCIL LETTER NO. 324 PROPOSED ORDINANCES 10. FIRST READING OF ORDINANCE AMENDMENT REZONING LAND BETWEEN 66TH AND 67TH STREETS AND GRAND AND PLEASANT AVENUES FROM SINGLE FAMILY RESIDENTIAL TO PLANNED GENERAL COMMERCIAL AND REZONING LAND AT 6701 LYNDALE AVENUE FROM PLANNED GENERAL COMMERCIAL TO NEIGHBORHOOD COMMERCIAL COUNCIL LETTER NO. 325 XV . FIRST READING OF TRANSITORY ORDINANCE VACATING RIGHT-OF-WAY FOR URBAN VILLAGE REDEVELOPMENT PROJECT COUNCIL LETTER NO. 326 RESOLUTIONS 12. CONSIDERATION OF RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION TO FACILITATE PURCHASE OF PROPERTY AND REQUIRED RELOCATION OF RESIDENTS AS PART OF WIDENING OF 66TH STREET AT 1-35W COUNCIL LETTER NO. 327 • -13. CONSIDERATION OF ADOPTION OF 1998 REVISED/1999 PROPOSED BUDGET AND FINAL TAX LEVY AND RELATED RESOLUTIONS COUNCIL LETTER NO. 328 14. CONSIDERATION OF RESOLUTION AUTHORIZING ADJUSTMENT OF 1998 £M REVISED GENERAL FUND BUDGET FOR PORTION OF UNSPENT YEAR-END FUNDS FOR ADMINISTRATIVE SERVICES, PUBLIC SAFETY AND AIRPORT EXPENDITURES COUNCIL LETTER NO. 329 15. CONSIDERATION OF RESOLUTION AMENDING LETTER OF / UNDERSTANDING BETWEEN CITY OF RICHFIELD AND CITY MANAGER, ADJUSTING COMPENSATION COUNCIL LETTER NO. 330 ADMINISTRATIVE REPORTS AND OTHER BUSINESS .16. CONSIDERATION OF SITE SELECTION FOR NEW PUBLIC WORKS FACILITY Is COUNCIL LETTER NO. 331 i i • 17. CONSIDERATION OF EXECUTION OF SEPARATION AGREEMENT WITH RECREATION SERVICES DIRECTOR, GRETCHEN BLANK COUNCIL LETTER NO. 332 AIRPORT BUSINESS 18. CONSIDERATION OF AWARD OF CONTRACTS FOR REMAINING TWO SITES OF BALLFIELD REPLACEMENT PROJECT • INGRAM EXCAVATING, INC. FOR DONALDSON PARK/JUNIOR HIGH SITE IN AMOUNT OF $753,356 • KA WITT CONSTRUCTION FOR INTERMEDIATE-SCHOOL-SITE-IN AMOUNT OF $187,839 COUNCIL LETTER NO. 333 19. AIRPORT STATUS REPORT CORRESPONDENCE 20. LEGISLATIVE REPORT COUNCIL CHOICE 21. COUNCIL DISCUSSION ITEMS 22. CLAIMS AND PAYROLLS 23. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861-9702. r ! F CITY OF RICHFIELD, MINNESOTA Council Letter No. 333 Agenda December 14, 1998 Issue Statement: Award contracts for the remaining two sites of the Ballfield Replacement Project. Background: The City of Richfield has chosen three sites to reconfigure for the replacement of the displaced ballfields currently located on Metropolitan Airports Commission (MAC) property: Richfield Junior High/Donaldson Park, Washington Park, Roosevelt Park and Richfield Intermediate School. The contract for the Roosevelt Park Site was awarded to Ingram Excavating, Inc. at the November 9 Council meeting. At that time, the awards of contract for the other two sites were tabled, pending an agreement with the Richfield School District regarding the site improvements on School District property. At the December 8 Richfield School Board meeting, the School Board approved a Right of Entry agreement for the City to proceed with the award of contract for the two remaining proposals of the Ballfield Replacement Project. The following recommendation maintains a 5% construction contingency. Also, $150,000 is being kept in reserve for the completion of future recreation improvements on Academy of Holy Angels property. Recommended Motion: Award contracts to Ingram Excavating, Inc. for Proposal #2 - Donaldson Park/Junior High Site (base bid plus alternates #1 and #2) in the amount of $753,356 and KA Witt Construction for Proposal #3 - Intermediate School Site (base bid plus alternate #1) in the amount of $187,839. Both proposals are for City Project No. 421-40-754, Phase Two and Three of the Ballfield Replacement Project. Basig of Recommendation: 1. The City Council has already awarded a contract to Ingram Excavating, Inc. for Proposal #1 of the Ballfield Replacement Project and now, with the Right of Entry Agreement with the Richfield School District, may proceed with the award of contract for the remaining two project proposals. 2. The bids were opened according to legal requirements on October 27, 1998. The consultant has verified bid amounts, checked references, and has recommended award to the two bidders listed above. 3. Neighborhood meetings have been held with neighbors of these sites on July 21 and July 23 to discuss proposed plans, design and funding for the project. /8..-/ Alternate, interim plans are available to accommodate the user groups as necessary until the replacement ball fields are ready for use. City staff will maintain and schedule the new facilities. Alternative Recommendation: 1. Council may reject the bids and direct staff to re-advertise. However, staff does not believe a better price can be obtained from a reputable vendor. 2. Council may elect to award a contract to another bidder. However, the consultant has verified bid amounts, checked references, and has recommended award to the two bidders listed above (see attached letter from Brauer and Associates, Ltd.). 3. Council may reject bids and direct staff and the consultant to amend the specifications prior to re-advertising for bids. 4. Council may reject all bids and delay Proposals #2 and #3 of the Ballfield Replacement Project. Discussion/Decision Mode: Staff is requesting action at the December 14, 1998 Council meeting. Respectfully submitted, Ja s D. Prosser City Manager JDP:ds Attachment • • r ? ?J Page 1 of 2 November 2, 1998 Jim Prosser, City Manager City of Richfield 6700 Portland Avenue Richfield, Minnesota 55423-2599 18-DQ- Re: Phase One - Ballfield Replacement Project: including Improvements to Roosevelt Park, Donaldson / Richfield Junior High School Site, Washington Park, and Richfield Intermediate School Site. Mr. Prosser, The bids opened on October 26, 1998 for this project have been reviewed and checked for errors. No significant errors were found in any of the proposals that were submitted. All bidders acknowledged receipt of the two addenda and submitted bid bonds as required. I have attached a copy of the bid tabulation for your review. In all there were three proposals for the work included in the first phase of the ballfield replacement project. All three proposals received five bids each from responsible contractors. The low base bid for each of the three proposals is as follows: Base Bid Amounts and Contractors Recommended for Acceptance Proposal Proposal #I Roosevelt Park Proposal #2 Donaldson / Jr. High School Site Proposal #3 Intermediate School Site Company Ingram Fwavating. Inc. Ingram Excavating, Inc. K.A. Witt Construction Base Bid Amount $825.561.00 $671,589.00 $141,839.00 Total Base Bids $1,638,989.00 Having worked with both of these contractors in the past 12 months oti similar projects, I am satisfied with the competency of both to preform the tasks involved in completing these projects. The city received a total grant in the amount of two million dollars for this work. If the three low base bids are accepted for this work, some money will remain for acceptance of alternates. Monies Available for Construction State Grant Amount $2,000,000.00 Base Bid # 1 Roosevelt Park (5825,561.00) Base Bid #2 Donaldson / Jr. High School Site (5671,589.00) Base Bid #3 Intermediate School Site ($141,839.00) Construction Contingency of 5% ($81,949.45) Subtotal S279,06155 Amount of Reserve for AHA Development ($150,000.00) Total Funds Remaining S129,061.55 40 1 8 2 Page 2 of 2 In the light of the the $129,061.55 balance in the state grant monies, I would recommend that the city consider awarding, in addition to the base bids, the following alternatives for the three proposals: Alternates Recommended for Acceptance Proposal #2 Donaldson / Jr. H. School Site Alternate #I Sod in Lieu of Seed $68,267.00 Alternate #2 New Score Board for Babe $13,500.00 Ruth Field Proposal #3 Intermediate School Site Alternate #I Sod in Lieu of Seed $46,215.00 Total Alternates Recommended $127,982.00 Please be aware that we are not recommending, at this time, that the city accept the alternate for sod in lieu of seed for Roosevelt Park. We are doing this for monetary reasons. We will ask the contractor to hold this price until we are fin-ther into the work to determine if fiords will be sufficient to cover the added cost. In summary, Brauer and Associates, Ltd. recommends that the City of Richfield Award Contracts to the low bidders on each of these proposals in the following amounts: Summary of Award Recommendation Proposal #1 Base Bid to Ingram Excavating, Inc in the amount of $825,561.00. Proposal #2 Base Bid and Alternates #1 and #2 to Ingram Excavating, Inc in the amount o 753,356.00. 9.00. Proposal #3 Base Bid and Alternate #1 to K.A. Witt Construction in the amount o[$187,83 If you have any questions regarding this letter or the bids received for this project please feel free to contact me. Sincerely, Brauer and Associates, Ltd. George Wm. Watson President e? • CITY OF RICHFIELD, MINNESOTA Council Letter No. 332 Agenda December 14, 1998 Issue Statement: City Council approval of separation agreement. Background: For the past several months the City's Director of Recreation Services has been on approved leave. During that period several critical recreation related projects and issues have come before the City. The relocation of City ballfields, and consideration of a proposed community recreation facility are two examples of such matters. In the meantime, the City has utilized the services of George Watson, a Recreation Consultant, to assist the City with those issues on a temporary basis. However, the City is now at a critical point where the services of a full time Recreation Director are needed to direct the overall activities of the department as well as to manage the special recreation related projects before the City. At this time, the Recreation Director is not available to return to work and it is uncertain when the Director will be able to return. After consideration of these matters and considerable discussions with a legal representative of the current Recreation Director, it has become apparent that it would be in the best interests of both the City and the current Director of Recreation Services to agree upon a separation agreement mutually acceptable to both parties. This would allow the City to receive a letter of resignation now so that the City may immediately pursue the recruitment and selection of a new Director of Recreation Services. The most significant monetary provisions of the separation agreement would be a lump sum severance payment of $22,000 (approximately 18 weeks of salary) and an agreement by the City not to contest any reemployment insurance to which the employee may be eligible in the future. The employee would, of course, also be entitled to a payment of any unused accrued vacation and personal leave pursuant to City ordinance. This benefit is provided to all separating employees. Recommended Motion: It is recommended that the City Council authorize the Mayor and City Manager to execute a settlement agreement between the City of Richfield and the current Recreation Services Director, Gretchen Blank. Basis of Recommendation: 1. The City has an immediate need for a full time Recreation Services Director. 2. Ms. Blank is currently on leave and is not available to return to work at this time. 3. It would be in both parties' best interest if a separation was settled upon so that the City may proceed with filling the position. 0 4. The terms of the settlement are reasonable and satisfactory to both parties. /?-l Alternative Recommendation: The City Council could decide not to approve the agreement that could ultimately result in a dispute between the parties. Discussion/Decision Mode: It is recommended that the City Council approve authorization for separation agreement at the December 14 City Council meeting in order to conclude this matter and proceed with the filling of the vacant Director position. Respectfully submitted, Jam D. Prosser City Manager JDP:cak • 0 p CITY OF RICHFIELD, MINNESOTA Council Letter No. 331 Agenda December 14, 1998 Issue Statement: Site selection for the new Public Works Facility. Background: The Maintenance Facility Task Force has spent the last several months studying the need for a new maintenance facility and potential sites. Seven sites were evaluated. Of those sites, the Task Force as its top choice for a new maintenance facility chose a site at 77th Street and Cedar Avenue owned by the Metropolitan Airports Commission (MAC). If that site cannot be secured from the MAC by June 1999, the Task Force recommends the City move to its second choice -- redeveloping the current maintenance facility site at 7700 Pillsbury Avenue. The Task Force's recommendations, approved in September 1998, are attached for Council review. The Task Force recommendations were published in the November 1998 issue of Your City. The public has had an opportunity to review the recommendation (s) with Task Force members at an open house held November 18, 1998. Four residents attended the open house. To review space needs and preparatory to selection of a site for a new maintenance facility, the Task Force scheduled public information and input meetings on Wednesday, July 15 at Wood Lake Nature Center, and on Thursday, July 16 at City Hall. Residents were encouraged to attend one or both of these meetings. Residents could call 490-3690, 24 hours a day, 7 days a week to provide ideas for a new location or design for a Richfield Public Works maintenance facility. Residents could write to the Task Force at 6700 Portland Avenue. Approximately 50 people attended the July 15 open house and approximately 100 people attended the July 16 open house. A complete list of comments is available for review. On November 10, 1998 the Community Services Commission unanimously approved the Task Force recommendation(s). On December 8, 1998 the Planning Commission made the following comments related to the Task Force recommendation (s): • The proposed site is consistent with the City's Comprehensive Plan; however, there is a low probability that the first alternative site will work. It may also be an inappropriate time to try and negotiate with MAC for the property given other City concerns. • The second alternative then becomes the first choice. This site is inconsistent with the City's Comprehensive Plan which designates the property for medium density housing. This site also spends more of the City's scarce resources and involves acquiring single family homes and a business. The Comprehensive Plan would have to be amended to accommodate this location. • The Veterans Park site should be reevaluated if the City is unsuccessful obtaining the airport site. This site is consistent with the Comprehensive Plan and the idea of creating a civic campus in the park. There is also building synergy and working • efficiencies gained with the Veterans Park site that the other two sites do not provide. Recommended Motion: Thank the Maintenance Facility Task Force for the work performed in preparing recommendations for a maintenance facility, receive the recommendations of the Task Force, select the first choice of 77th Street and Cedar Avenue for location of the future Public Works facility, direct staff to pursue use of the 77th Street and Cedar Avenue site for a Public Works facility, and, if that site cannot be secured from the MAC by June 1999, direct staff to resubmit the Task Force recommendation (s) to the City Council for consideration. Basis of Recommendation: 1. A new maintenance facility is needed. 2. A citizen Task Force has considered several sites and reviewed the Task Force recommendation(s) with the public. Alternative Recommendation: 1. Determine that a new maintenance facility is not needed. 2. Review the second choice of the Task Force (existing maintenance facility site) at this time in light of the Planning Commission comment that this site is inconsistent with the Comprehensive Plan. 3. Request the Task Force to consider additional sites for a new maintenance facility. 4. Select a new maintenance facility site other then those, or the order of those, recommended by the Task Force. Discussion/Decision Mode: Members of the Task Force, including Task Force Chair David Gepner, will be at the December 14 Council meeting to discuss the Task Force recommendation (s). Respectfully submitted, Jam. Prosser City Manager JDP:cak Attachments 0 / (O-a MAINTENANCE FACILITY SITE SELECTION TASK FORCE COMMITTEE MEMBERS: Dave Gepner (Planning Commission) 7503-18th Avenue South Dan Linihan (Planning Commission) 6345 Logan Avenue South Rick Jabs (Community Services Commission) 6805 Knox Avenue South Brian McGlinn (Community Services Commission) 7316 Aldrich Avenue South Ed Sorenson (community at large) 7515 Thomas Avenue South 40 Nancy Stiller (community at large) 6414-11th Avenue South Carol Krohn (CSC alternate) 300 West 73rd Street E WORK PLAN /(0-3 RICHFIELD PUBLIC WORKS MAINTENANCE FACILITY SITE SELECTION TASK FORCE PURPOSE The purpose of the Task Force is to investigate and recommend a site for Richfield's Public Works Maintenance Facility to the Community Services Commission and Planning Commission for their consideration. The Task Force will the carry the recommendation and Commission comments to the City Council. MEMBERSHIP Two members of the Community Services Commission Two members of the Planning Commission One or two community representatives RESOURCES • Facilitator - Nancy Schultz, SEH (Short-Elliot-Hendrickson) • Private sector Public Works expert - Lloyd Pauly, SEH • Public sector Public Works expert - selected by the Task Force • City staff • Programming and design documents prepared to date by SEH • Others as determined by the Task Force SCHEDULE The Task Force will set its own meeting and time schedule but it is likely that it will need to meet four to six times over the next three to six months. FORMAT The following format is suggested (final format to be determined by the Task Force): 1. Introduction to Public Works 2. Inventory Public Works functions 3. Inventory possible sites 4. Determine criteria for ranking sites 5. Rank sites 6. Hold Open House(s) 7. Select recommended site PRODUCT A preferred site for the facility and an optional alternative site with the rationale for the selection. l(-q Maintenance Facility Task Force Recommendations Approved in September 1998 1) A new maintenance facility is needed. The Task Force found that because of age and inefficiency of existing facilities along with growing needs, the City must build a new facility. 2) The site for the new facility should be located at the northeast corner of 77th Street and Cedar. It is estimated that building at this site would cost $7.9 million including land. However, the feasibility of acquiring the land and the exact land cost is not yet known. This site was selected as the top choice because it ranks high in the areas of building costs, opportunity loss, zoning/compatibility with the City Master Plan, traffic flow, and "not-in-my-backyard" issues. It did not rank well in terms of land availability and acquisition costs, and a central location for operational effectiveness. Should the site not be available from the MAC, the Task Force recommended the City move to its second choice. 3) The second choice would be redevelopment of the existing maintenance facility site. Redeveloping the current site would cost an estimated $8.8 million. This site was ranked less desirable than the Cedar Avenue South site (77th and Cedar) because of cost and loss of opportunity to sell the existing site. This site would also require a two-story structure and the acquisition of three single-family homes and Gleason Mortuary. 4) A third site that ranked high in the evaluation was the Veterans Memorial Park of Richfield site. However, the Task Force did not select the site because of community feedback on the value of the park to Richfield. The advantages and disadvantages of the Task Force's site recommendation (s) are outlined below. Cedar Avenue South Site -- Choice No. 1 The site is contingent on the following: • Owned by MAC, requires FAA/MAC agreement. • Cost of about $7.9 million. Advantages • Allows for redevelopment opportunity of existing site (lower taxes to residents). • Easily accessible. • No residential or park conflicts. )(,-5 • Operationally viable, not as central as other locations, however no great distance to other public services. Disadvantages • Back-up plan needed due to high degree of uncertainty in acquiring the land within a year. • Seemingly high valued property. Redevelop Existing Site -- Choice No. 2 The site is contingent on the following: • Purchase of Gleason's Mortuary and three homes. • Cost of about $8.8 million. Advantages • Easily accessible. • Operationally viable. Disadvantages • Loss of opportunity to lower resident's tax through redevelopment of existing property into commercial property. • Residential property in close proximity. 0 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 330 Agenda December 14, 1998 Issue Statement: Consideration of a resolution to amend the Letter of Understanding between the City of Richfield and the City Manager, adjusting compensation. Background: A Special City Council Closed Executive Session was held at 7 p.m. on Wednesday, December 9, 1998 to discuss the City Manager's evaluation and compensation. Attached is Resolution No. 8547 amending the Letter of Understanding between the City of Richfield and James D. Prosser, City Manager, which was approved by the City Council on December 22, 1997. Mayor Kirsch requested that consideration of a resolution adjusting the compensation of the City Manager be placed on the December 14, 1998 Council agenda. The Mayor will provide a summary of the results of the Special City Council Closed Executive Session regarding the City Manager's evaluation and compensation. Recommended Motion: • Action is requested on the proposed resolution amending the Letter of Understanding between the City of Richfield and the City Manager, adjusting compensation. Basis of Recommendation: 1. The Mayor has requested this item be placed on the agenda for the regular City Council meeting of December 14, 1998. Alternative Recommendation: 1. The City Council could choose to defer action on this item to a meeting at a later date. Discussion/Decision Mode: This item has been placed on the December 14, 1998 agenda for Council consideration. r1 \J /S-/ 0 RESOLUTION NO. RESOLUTION AMENDING THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The following sections of the Letter of Understanding between the City of Richfield, Minnesota and James D. Prosser, City Manager, dated July 14, 1986 is amended as follows: Section 5. Salary. Employer agrees to increase the City Manager's base annual salary of $93,371.20 by % effective September 1, 1998, payable in installments at the time as other employees of the employer are paid. Section 13. Retirement. Employer agrees to an increase of % in deferred compensation (401 K retirement plan). Approved by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. • Martin J. Kirsch, Mayor 0 • RESOLUTION NO. 8547 RESOLUTION AMENDING THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The following sections of the Letter of Understanding between the City of Richfield, Minnesota and James D. Prosser, City Manager, dated July 14, 1986 is amended as follows: Section 5. Salary. Employer agrees to increase the City Manager's base annual salary of $90,646.40 by 3% to $93,371.20 effective September 1, 1997, payable in installments at the time as other employees of the employer are paid. Section 13. Retirement. Employer agrees to an increase of 1 % in deferred compensation (401 K retirement plan). The base line deferred compensation should be equivalent to the amount contributed by employer on behalf of other employees for PERA coverage. This base • line will increase by 1/2 of 1% in 1998. Approved by the City Council of the City of Richfield, Minnesota this 22nd day of December, 1997. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 r? LJ CITY OF RICHFIELD, MINNESOTA Council Letter No. 329 Agenda December 14, 1998 Issue Statement: Resolution providing authorization to adjust the 1998 Revised General Fund Budget for a portion of unspent year-end funds for Administrative Services, Public Safety and Airport expenditures. Background: The City Council has been previously made aware that there are several ongoing needs at City Hall and satellite facilities that have not been addressed in the last few years because of the inability to find adequate funding. This was true of the budget process for 1999 where a number of requested items were excluded from the budget due to funding limitations. However, the 1998 budget, including revisions, may provide the opportunity at year-end to address some of these concerns with a positive year-end fund balance. There are a number of such issues that should be considered. The first item requested is replacement of the parking lot and driveway at Fire Station #2. The parking lot is deteriorated and in need of replacement. The driveway is cracked in several places creating a safety hazard. The cost to replace the parking lot and driveway • is estimated at $50,000. The second item is the airport expenditures incurred during 1998. Expenditures for the year are expected to reach $850,000, which will far exceed the revised budget of $417,000. The amount requested to be transferred if funds are available would be $200,000. Presently $226,000 of transfers for airport expenditures are included in the revised 1998 budget. The $200,000 recommended is in addition to this. This would bring total transfers for airport expenditures to $426,000. The third issue concerns the remodeling of office space in the Community Development Department and Finance Division areas. Due to the increase in staff in Community Development, significant remodeling has been undertaken. The funds requested would complete the remodeling through the completion of one workspace and carpeting certain areas. The Finance Division request concerns improving workstation space needs for employees. The estimate of costs to provide these improvements is estimated at $10,000. If the City Council gives authorization to proceed with these items, funds would be set aside in the 1998 budget year, either through a capital account or project, to pay for these items so they are recognized as a 1998 expenditure. n /CI-I • Recommended Motion: Adopt a resolution providing authority to adjust the 1998 Revised General Fund Budget to use a portion of unspent year-end funds for Public Safety, Community Development and Airport related expenditures. Basis of Recommendation: 1. It is likely that there will be surplus funding available in the 1998 budget to provide for these needed improvements. If adequate surplus funds are not available at year-end, an amount less than the year-end surplus would be used to cover a select portion of the costs identified. 2. Because of the restrictive budgets of the last several years, the City has not included upgrades that would normally be included as part of the cost of doing business on a year-by-year basis. Therefore, there is a growing list of items that need to be addressed to keep the City's infrastructure, capital equipment and productivity current. 3. 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 revisions in the budget to pay for these improvements and equipment. In that case, City staff would look for funding in 1999 to make the improvements and purchase needed equipment. Discussion/Decision Mode: If the City Council is to approve the use of the1998 surplus funds to make these needed purchases, December 14 would be the last opportunity to do so. Respectfully submitted, JamJProsser City ger JDP:cak 0 1q-2- 9 RESOLUTION NO. RESOLUTION AUTHORIZING ADJUSTMENT OF 1998 REVISED GENERAL FUND BUDGET WHEREAS, the year-end 1998 General Fund Budget year will likely end with underspent budget authorizations and revenues in excess of budget estimates; and WHEREAS, the City has a number of ongoing infrastructure, capital asset and productivity needs that have not been addressed in terms of budget appropriations in the past several budget years due to budget constraints; and WHEREAS, the aforementioned needs are reoccurring. NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to take actions necessary to make adjustments to the 1998 revised General Fund Budget by utilizing up to $260,000 of unspent year-end funds for the following purposes. a) Up to $50,000 for Fire Station #2 Driveway and Parking Lot repair. b) Up to $10,000 for Community Development and Finance remodeling. c) Up to $200,000 for additional 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. Passed by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 /3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 328 Agenda December 14, 1998 Issue Statement: Adoption of the 1998 Revised/1999 Proposed budget and final tax levy and related resolutions. Background: The City of Richfield has conducted and closed its 1998 truth in taxation hearing on December 7, 1998. 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 than 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 1998 budget and adopting a 1999 budget and tax levy, several other resolutions included within the total budget document 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 ordinance authority to modify the budget during the budget year and pay plan resolutions for the General Services, Specialized, and Management pay plans are also included. In September 1998 the City approved and certified a preliminary tax levy of $8,054,792 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. Recommended Motion: Adopt the resolutions approving the 1998 Revised/1999 Proposed budget and tax levy and related resolutions. Basis of Recommendation: 1. A revised 1998 budget and final 1999 budget and tax levy must be adopted on or before December 20, 1998. is 2. A proposed 1999 tax levy has been submitted to the City Council for consideration. 13-/ 3. The gross tax levy for 1999 reflects a 1.57 percent increase over the previous year, and the local 1999 tax levy represents a 3.54 percent increase over 1998. 4. A truth in taxation public hearing for the 1999 proposed budget and tax levy has been conducted in accordance with state law. Alternative Recommendation: The City Council could adopt a final 1999 budget and a tax levy in any amount which does not exceed the preliminary levy of $8,054,792. Discussion/Decision Mode: It is suggested that the City Council take action on these items at the December 14, 1998 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. Respectfully submitted, Jame . . Prosser City Manager JDP:ds 0 RESOLUTION NO. RESOLUTION ADOPTING A BUDGET AND TAX LEVY FOR THE YEAR 1999 3 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 1998 and then recertified before December 31, 1998. 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 1999 is hereby approved and adopted with appropriations for each of the departments to be as follows: 0 Legislative/Executive Administrative Services Public Safety Community Development Public Works Recreation Services Transfers TOTAL GENERAL FUND $ 687,360 980,440 8,023,440 245,040 3,182,510 1,425,250 28400 $14,572,440 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 1999 which are more fully detailed in the City Manager's official copy of the 1999 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $ 14,572,440 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 1998, payable in 1999 for the following purposes and in the following amounts: PURPOSE AMOUNT GENERAL FUND' $ 8,054,792 2 ' Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees' Retirement Association. ` General Fund Levy included all fiscal disparities distribution and HACA amounts. 0 ?* !'3,'3 4. The budget for the Housing and Redevelopment Authority of Richfield for the year I 1999 is hereby ratfied and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 1998, payable in 1999 for the following purposes: 0 Housing and Redevelopment Authority $185,000 5. A certified copy of this resolution shall be transmitted to the County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. Martin J. Kirsch, Mayor ATTEST: i Thomas P. Ferber, City Clerk is 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 i approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • J RESOLUTION NO. 13-,5- RESOLUTION AUTHORIZING REVISION OF 1998 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 8526 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 1998; 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 1998 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 1999 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 1998 appropriations for each department of the General Fund be amended to establish the following totals: ' General Fund Legislative/Executive $ 681,200 Administrative Services 940,990 Community Development Public Safety 237,830 7,724,760 Public Works 3,092,120 Recreation Services 1,395,390 Transfers 431,000 TOTAL GENERAL FUND $14,503,290 INCREASE $ 379,130 2. Estimated 1998 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 1997 budget, are hereby revised as follows: INCREASE $ 379,130 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. ATTEST: Martin J. Kirsch, Mayor Thomas P. Ferber, City Clerk 13-6 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 1998; and WHEREAS, the Internal Revenue Service annually adjusts the business mileage reimbursement; and WHEREAS, the City of Richfield's present mileage reimbursement is 30 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 14th day of December, 1998. Martin J. Krisch, Mayor ATTEST Thomas P. Ferber, City Clerk • 1 /3-7 RESOLUTION NO. 0 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: 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, 1999 for each billing district as defined in paragraph 3 of this resolution. 1999 A) Residential per unit $ 43.80 B) Commercial - For the equivalent of 10 or less persons $ 43.80 More than 10, less than 16 80.40 More than 15, less than 21 113.00 More than 20, less than 26 150.00 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: " 1999 For each 100 grade school students or fraction LL " $ 52.90 in excess thereof For each 100 junior high school students or high 132.90 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 - - 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. 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, 1999, for each 1,Q?q customer billing district and shall be as follows: $ 2.19 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, 1999, shall be as follows: $ 2.19 C) A customer charge shall be made for each invoice rendered effective January 1, 1999 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. 0 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. 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 bk. 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 $1.52 per 1,000 gallons. Water charges shall be payable quarterly, and all bills issued after January 1, 1999 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 $19.00 Per to 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. 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 8EE 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 $42.75 per acre of land. $8.55 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. 6.5% PENALTY ON PAST DUE ACCOUNTS 1 340 1. Customers will have thirty (30) days to pay their water, sanitary sewer, and storm sewer quarterly bills from the date of the mailing by the City. Any unpaid amount will be added to the next quarterly bill along with a 6.5% penalty on the delinquent amount. 2. The penalty charge when billed on past due accounts shall be allocated proportionally between the City's water fund, sewer fund, and storm sewer fund based on the user fees billed for each fund. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • 0 RESOLUTION NO. RESOLUTION ADOPTING THE 1999 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget for 1999 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 1999 Capital Improvement Budget in the sum total of $29,503,000 is hereby approved as amended and adopted with full recognition of the fact that the cost estimates are approximate and are subject to final cost estimates and that all awards of contracts for these projects are subject to necessary hearings and must be approved by the City Council in accordance with established laws and practices governing such action, and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. . Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk it /3-/a RESOLUTION NO. to RESOLUTION ADOPTING THE 2000-2004 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program 2000-2004 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 2000-2004 Capital Improvement Program is hereby approved and adopted subject to annual review and revision; BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. 0 Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • RESOLUTION NO. RESOLUTION ESTABLISHING POLICIES, PROCEDURES, AND FEES FOR • THE ASSESSING DIVISION WHEREAS, the City Assessing Division provides a variety of services to the public, to title companies and to realtors, relating to information necessary for sale and purchase of property; and WHEREAS, special assessment searches are requested when closing on purchased properties; and WHEREAS, listing information is requested when there is an interest in property sales or purchases; and WHEREAS, residential property records are requested when comparing properties for market values; and WHEREAS, certain specific information, such as special assessment searches, property listing information, comparable residential property records and homestead information are regularly sought by realtors, title companies and homeowners in the sale and transfer of property within the City; and WHEREAS, the above list of requests for information constitutes a large portion of the work load of the City Assessing Division; and WHEREAS, said policies, procedures and fees must be reviewed and modified as needed. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby establishes the following policies, procedures and fees for dissemination of certain information in the City's Assessing Division. L• SPECIAL ASSESSMENT 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 Identifici:don 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. U $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. L (con't) SPECIAL ASSESSMENT PROCEDURES 3-? 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. 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. I LISTING INFORMATION 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.C' per PIL number or per printed sheet. Homeowners may request a free printout. Provided free of charge if printout is not requested. 0 • ll (con't) LISTING INFORMATION Lot size Give, name, firm; address of Year built property and PID number Square footage (if available for requests). 0 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 15? 0 IL (con't) 134LISTING INFORMATION PROCEDURES Exception: Homeowners will be given special assessments by phone if they provide their social security numbers. Otherwise, the owner can request a free complete listing printout. Give name, firm, property address,. PID number, date of printout and receipt number when updating printouts. Requested complete listing information, without a requested printout, will be partially supplied verbally by the Assessing Division. The Division will orally supply special assessments, next year's market value (when available), and homestead status. Requesting party will be allowed to use the County's terminal screen for additional information (only screens 101,103, 105, 108, 109, 120, 275 and 282). Interruptions will occur for City use. Time limits on the County's terminal will be set based on City's immediate needs. Ill. REVIEW OF CUMPA ABLE 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 May request $1.00 per copy for up to five comparable properties. Certified copies $5.00. • E -5- UL (cont.) REVIEW OF COMPARABLE • RESIDENTIAL PROPERTY PROCEDURES RECORDS E • (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" 1V. 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. l 3-/ 7 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. f REVIEW OF COMPARABLE COMMERCIAL. INDUSTRIAL AND APARTMENT PROPERTY RECORDS -6- 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". FEES Passed by the City Council of the City of Richfield, Minnesota, this 14th day of December, 1998. Martin J. Kirsch, Mayor ATTEST: • C7 r? L Thomas P. Ferber, City Clerk RESOLUTION NO. RESOLUTION RELATING TO THE 1998 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 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 1998 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 1998 the following pay plan, which is to be effective December 6, 1998 and subject to all applicable provisions of the City Code: GENERAL SERVICES COMPENSATION PLAN STEP 1 2 3 4 5 6 RANGE GS1 YR 21,528.00 22,796.80 24,086.40 25,376.00 26,873.60 27,705.60 MO 1,794.00 1,899.73 2,007.20 2,114.67 2,239.47 2,308.80 BW 828.00 876.80 926.40 976.00 1,033.60 1,065.60 HR 10.35 10.96 11.58 12.20 12.92 13.32 GS2 YR 23,712.00 24,939.20 26,145.60 27,476.80 28,849.60 30,305.60 MO 1,976.00 2,078.27 2,178.80 2,289.73 2,404.13 2,525.47 BW 912.00 959.20 1,005.60 1,056.80 1,109.60 1,165.60 HR 11.40 11.99 12.57 13.21 13.87 14.57 GS3 YR 26,145.60 27,476.80 28,891.20 30,305.60 31,824.00 33,592.00 MO 2,178.80 2,289.73 2,407.60 2,525.47 2,652.00 2,799.33 BW 1,005.60 1,056.80 1,111.20 1,165.60 1,224.00 1,292.00 HR 12.57 13.21 13.89 14.57 15.30 16.15 GS4 YR 28,891.20 30,305.60 31,865.60 33,467.20 35,131.20 36,982.40 MO 2,407.60 2,525.47 2,655.47 2,788.93 2,927.60 3,081.87 BW 1,111.20 1,165.60 1,225.60 1,287.20 1,351.20 1,422.40 HR 13.89 14.57 15.32 16.09 16.89 17.78 GS4E YR 31,033.60 32,572.80 34,257.60 35,984.00 37,793.60 39,728.00 MO 2,586.13 2,714.40 2,854.80 2,998.67 3,149.47 3,310.67 BW 1,193.60 1,252.80 1,317.60 1,384.00 1,453.60 1,528.00 HR 14.92 15.66 16.47 17.30 18.17 19.10 GS5 YR 31,865.60 33,467.20 35,131.20 36,982.40 38,812.80 40,768.00 MO 2,655.47 2,788.93 2,927.60 3,081.87 3,234.40 3,397.33 BW 1,225.60 1,287.20 1,351.20 1,422.40 1,492.80 1,568.00 HR 15.32 16.09 16.89 17.78 18.66 19.60 GS5E YR 34,257.60 35,984.00 37,772.80 39,728.00 41,704.00 43,784.00 MO 2,854.80 2,998.67 3,147.73 3,310.67 3,475.33 3,648.67 BW 1,317.60 1,384.00 1,452.80 1,528.00 1,604.00 1,684.00 HR 16.47 17.30 18.16 19.10 20.05 21.05 GS6 YR 35,131.20 36,982.40 38,812.80 40,768.00 42,806.40 47,236.80 MO 2.927.60 3,081.87 3,234.40 3,397.33 3,567.20 3,936.40 BW 1.351.20 1,422.40 1,492.80 1,568.00 1,646.40 1 816.80 HR 16.89 17.78 18.66 19.60 20.58 , 22.71 GS6E YR 37,772.80 39,728.00 41,724.80 43,784.00 45,988.80 50,772.80 MO 3,147.73 3,310.67 3,477.07 3,648.67 3,832.40 4,231.07 BW 1,452.80 1,528.00 1,604.80 1,684.00 1,768.80 1,952.80 HR 18.16 19.10 20.06 21.05 22.11 24.41 Normal Progression Through General Services Compensation Plan a. Step 1 - Start /,3-Q 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 14th day of December 1998. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk • GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE /3_a f GRADE POSITION TITLES CLASS I 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 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 Engineering Technician Non-Exempt Housing Inspector II Non-Exempt i i 3-aD, GRADE POSITION TITLES CLASS S 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 Inspector Non-Exempt Programmer/Analyst Non-Exempt 6E Accountant Exempt (Rev. 8-98) 0 RESOLUTION NO. RESOLUTION RELATING TO THE 1999 GENERAL SERVICES SALARY COMPENSATION PLAN _ a 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 1999 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 1999 the following pay plan, which is to be effective January 3, 1999, the first full pay period in 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 22,172.80 23,483.20 24,814.40 26,145.60 27,684.80 28,537.60 MO 1,847.73 1,956.93 2,067.87 2,178.80 2,307.07 2,378.13 BW 852.80 903.20 954.40 1,005.60 1,064.80 1,097.60 HR 10.66 11.29 11.93 12.57 13.31 13.72 GS2 YR 24,419.20 25,688.00 26,936.00 28,308.80 29,723.20 31,220.80 MO 2,034.93 2,140.67 2,244.67 2,359.07 2,476.93 2,601.73 BW 939.20 988.00 1,036.00 1,088.80 1,143.20 1,200.80 HR 11.74 12.35 12.95 13.61 14.29 15.01 GS3 YR 26,936.00 28,308.80 29,764.80 31,220.80 32,780.80 34,590.40 MO 2,244.67 2,359.07 2,480.40 2,601.73 2,731.73 2,882.53 BW 1,036.00 1,088.80 1,144.80 1,200.80 1,260.80 1,330.40 HR 12.95 13.61 14.31 15.01 15.76 16.63 GS4 YR 29,764.80 31,220.80 32,822.40 34,465.60 36,192.00 38,084.80 MO 2,480.40 2,601.73 2,735.20 2,872.13 3,016.00 3,173.73 BW 1,144.80 1,200.80 1,262.40 1,325.60 1,392.00 1,464.80 HR 14.31 15.01 15.78 16.57 17.40 18.31 GS4E YR 31,969.60 33,550.40 35,276.80 37,065.60 38,937.60 40,913.60 MO 2,664.13 2,795.87 2,939.73 3,088.80 3,244.80 3,409.47 BW 1,229.60 1,290.40 1,356.80 1,425.60 1,497.60 1,573.60 HR 15.37 16.13 16.96 17.82 18.72 19.67 GS5 YR 32,822.40 34,465.60 36,192.00 38,084.80 39,977.60 41,995.20 MO 2,735.20 2,872.13 3,016.00 3,173.73 3,331.47 3,499.60 BW 1,262.40 1,325.60 1,392.00 1,464.80 1,537.60 1,615.20 HR 15.78 16.57 17.40 18.31 19.22 20.19 GS5E YR 35,276.80 37,065.60 3K096.uJ 40,913.60 42,952.00 45,094.40 MO 2,939.73 3,088.80 3,241.33 3,409.47 3,579.33 3,757.87 BW 1,356.80 1,425.60 1,496.00 1,573.60 1,652.00 1,734.40 HR 16.96 17.82 18.70 19.67 20.65 21.68 GS6 YR 36,192.00 38,084.80 39,977.60 41,995.20 44,096.00 48,651.20 MO 3,016.00 3,173.73 3,331.47 3,499.60 3,674.67 4,054.27 BW 1,392.00 1,464.80 1,537.60 1,615.20 1,696.00 1,871.20 GS6E HR YR 17.40 18.31 19.22 20.19 21.20 23.39 38,896.00 40,913.60 42,972.80 45,094.40 47,361.60 52,291.20 MO 3,241.33 3,409.47 3,581.07 3,757.87 3,946.80 4,357.60 BW 1,496.00 1,573.60 1,652.80 1,734.40 1,821.60 2,011.20 HR 18.70 19.67 20.66 21.68 22.77 25.14 Normal Progression Through General Services Compensation Plan a. Step 1 - Start / 3 Q L 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 14th day of December 1998. Martin J. Kirsch ATTEST: Mayor Thomas P. Ferber City Clerk GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE /J-D 5 0 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 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 11 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 Engineering Technician Non-Exempt Housing Inspector II Non-Exempt • 1 3-a(40 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 Inspector Non-Exempt Programmer/Analyst Non-Exempt 6E Accountant Exempt (Rev. 8-98) 1..?1 RESOLUTION NO. RESOLUTION RELATING TO THE 1999 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 1999 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 1999 the following pay plan, which is to be effective January 3, 1999, the first full pay period in 1999 and subject to all applicable provisions of the City. MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M-NE YR 35,651.20 42,640.00 49,920.00 MO 2,970.93 3,553.33 4,160.00 BW 1,371.20 1,640.00 1,920.00 HR 17.14 20.50 24.00 M-1 YR 38,500.80 46,113.60 53,872.00 MO 3,208.40 3,842.80 4,489.33 BW 1,480.80 1,773.60 2,072.00 HR 18.51 22.17 25.90 M-2 YR 43,492.80 52,041.60 60,777.60 MO 3,624.40 4,336.80 5,064.80 BW 1,672.80 2,001.60 2,337.60 HR 20.91 25.02 29.22 M-3 YR 49,587.20 59,384.00 69,659.20 MO 4,132.27 4,948.67 5,804.93 BW 1,907.20 2,284.00 2,679.20 HR 23.84 28.55 33.49 M-4 YR 55,307.20 66,144.00 77,396.8" MO 4,608.93 5,512.00 6,449.73 BW 2,127.20 2,544.00 2,976.80 HR 26.59 31.80 37.21 M-5 YR 64,168.00 76,710.40 89,523.20 MO 5,347.33 6,392.53 7,460.27 BW 2,468.00 2,950.40 3,443.20 HR 30.85 36.88 43.04 3-a 0 N .C = z 3 Oo ?vcz ri c ° o o v 4) w c co O Q o + ES 0 >o ?QQQQ c C p ?a?mmm LU w C - C c C c = w= 0cl: w0: Ix O ..+ O L a c 0 c 3 a z c E ~ r Z U 0a M 0 0 5 = m - . 0 w d 0 a M zw++ , 0 _ tt= m z Oe aQaQ (D ?o tm tm 0) 0? co E? p,A ccam mmo c ) o CL Wcr.?IX n s ', N E E-- c a L- c 0 c w E z 0 v o W) - ' ° ` 3 0 v ri r- t tm o -a a o 0 o Q ` m CL t M C E z M ? ? Q Q Q Q N -ja C cn M W N N N U O C C C C r- E z co co ca 0 O o z z c L5 a c cn c -o w c > o 'o U z E .9 QC? c 0 Q 4)? z D ?F- O v 0 G W c9 cC N > a v, v c C/) -0 0<coz? O) rn L .io N 0 a 0 N r m 0 m c a N 0 cl: 0 U N L O .v c O 0 U _a U O L co N m a 0 A 2 Y ca Y N U U N IL lo? co w E 0 Q IL- • • 0 (Rev. 8-98) 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 13-a9 E 0 0 RESOLUTION NO. RESOLUTION RELATING TO THE 1999 SPECIALIZED PAY PLAN 3-u 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 1999 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 1999 the following pay plan which is to be effective on January 3, 1999, the first full pay period in 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 5.36 5.64 5.88 6.19 SP2-E/N E HR 5.67 5.93 6.22 6.52 6.84 SP3-E/NE HR 6.12 6.40 6.73 7.05 7.40 SP4-E/NE HR 6.59 6.91 7.26 7.61 8.01 SP5-E/NE HR 7.10 7.44 7.84 8.22 8.64 S P6-E/N E HR 7.69 8.09 8.48 8.88 9.33 SP7-E/NE HR 8.32 8.69 9.13 9.59 10.07 SP8-E/NE HR 8.98 9.40 9.87 10.37 10.87 SP9-E/NE HR 9.65 10.13 10.67 11.18 11.74 S P 10-E/N E HR 10.45 10.99 11.52 12.11 12.72 SP11-E/NE HR 11.28 11.81 12.44 13.06 13.69 SP12-E/NE HR 12.16 12.79 13.41 14.08 14.80 SP13-E/NE HR 13.05 13.71 14.45 15.19 15.98 Instructor's Range: $5.15 - $50 Election Judge: $6 Election Assistant Chair Person: $6.50 Election Chairperson: $7 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 14th day of December 1998. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk • 0 1 E Driving Range I NE Zamboni Operator / 3-3 0D• E Pool Attendant E Concession Supervisor - Pool E Student Intern E Pool Night Watch NONE 8 NE Adaptive Coordinator NE Bike Patrol Officer NE Administrative Services Clerk NE Concession I (all sites EXCEPT Pool, NE Clerk Typist - Int. & Substitute Vet's & Taft) NE Construction Inspector NE Range Picker NE Farmers Market Coordinator NE Scorerf rimer NE Publication Supervisor NE Recreation Attendant I E Maintenance/Golf Course Technician E Concession I (Pool, Vet's & Taft only) E Tennis Coordinator E Facility Rental Attendant E Winter Golf Course Technician 4 NE Arena Attendant 9 NE Community Development Tech. NE Dance Coordinator & Skate E Golf Course Technician II Coordinator E Special Facilities Coordinator NE Recreation Attendant II (Men's Open 10 NE Athletic Coordinator Gym & Sports Attendant) NE Engineering Aide NE Video Production Assistant E Pool Supervisor E Concession II (Pool, Vet's & Taft only) E Clubhouse Coordinator E Facility Cashier E Playground Coordinator E Mini Golf Attendant 11 NE Community Relations Coordinator E Ranger 12 NONE E Recreation Attendant If (Parks Water 13 NE 911 Dispatcher Slide Attendant) 5 NE Adaptive Assistant Instructors NE Custodian NE Building Inspector 10 NE NE Professional Intern Substitute Van Driver NE NE Figure Skating Hockey (Arena) NE Survey Crew Person NE Housing & Redevelopment Tech. NE Winter Sports Attendant NE Sports Official 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 NE Substitute Naturalist Election Chair Person $5.75 E Concession III (Pool only) Election Chairperson $6.25 E Golf Course Laborer E Lifeguard NE=Non-Exempt, may work up to 40 hours per week E Outdoor Skating Supervisor without overtime pay. E Playground Leader E-Exempt may work up to 48 hours per week without E Warming House Supervisor overtime pay. E Mini Golf Supervisor All Pool positions are exempt from overtime, even Concessions. 7 NE Accounting Clerk All Golf positions, except Conoessions/Pro Shop positions, are exempt. All Playground and outdoor Rink positions are exempt. NE Adaptive Program Supervisor All Community Center, Wood Lake Nature Center, Ice Arena and NE Concession Supervisor (all sites Maintenance positions are non-exempt. EXCEPT Pool) (Revised 10-98) 10 NE Construction Specialist NE Liquor Sales Associate NE Maintenance Laborer NE Naturalist I • • RESOLUTION NO. /3-33 RESOLUTION AMENDING ESTABLISHED 1999 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 8533 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 31 st 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. d? 13-3q SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) 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 hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of he employee involved. (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 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 1 st 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 Code (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) ?:z3J 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 /3-341 SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (19) Electrical Permit 400.03-400.09 Based on 2% of cost of electrical job to customer with a minimum of $ 40.00 Signs (separate electrical permit required for signs) (20) Heating, 400.03-400.09 Central Systems and Additions, Alterations and Repairs Ventilating, Air 1 1/2% estimated cost with a minimum of $30.00 Conditioning and Refrigeration (21) Heating, 400.03-400.09 (a) Fuel storage Tanks (Underground or Enclosed) Ventilation, Installation to be used with oil burner only. Air Conditioning, Refrigeration Per tank not exceeding 1,000 gal. $ 10.00 Storage Tanks Per tank exceeding 1,000 gal. $ 20.00 (b) Fuel Storage Tanks (Above ground or not enclosed) Installation to be used with oil burner only. Per tank $ 10.00 (c) Other Tanks (Installation modification, removal, abandonment) Each above ground tank $ 30.00 Each below ground tank $ 80.00 For installation or alteration of piping $ 15.00 (22) Benches 805.01-805.27 First Year $ 150.00 Renewal $ 100.00 (23) Fire 400.21-400.29 For initial fee required under code Per year $ 25.00 Prevention Code For each additional fee required under code Per year $ 10.00 If not renewed within 2 months of notification add penalty of $ 15.00 (24) Sign 415.01-415.11 50 sq. ft. or less per sign $ 25.00 Installation Each additional 50 sq. ft. or less - per 50 sq. ft. $ 15.00 (a) Temporary sign permit $ 25.00 (b) Sign support structures based on building permit fee schedule (25) Parking Areas 800.15-800.23 $ 8.00 (26) Housing 400.11-400.17 First Unit $ 75.00 Inspection Fee Additional Unit $ 25.00 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 is (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 /3-37 TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1)* Planned Unit 536 (a) $450 plus $5/ $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 $5/ $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 (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 + $.50/$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 expen se 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 $ 10.00 (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 1 105 1 Year $ 300.00 (2) Amusement 1100.01 (a) Mechanical Amusement Device (Pinball) 1 Year $ 45.00 Device (b) Mechanical Music Box 1 Year $ 45 00 . (c) Video Games Per Premise 1. 1-5 video games 1 Year $ 100.00 2. 6-10 video games 1 Year $ 200.00 3. over 10 games $150 plus each additional $ 10.00 13-39 SECTION 5. AMUSEMENT AND RECREATION LICENSES AND PERMITS (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING DE SCRIPTION (3) Lawful Gambling 1100.13 (4) Itinerant Place of Amusement (5) Public Dance (6) General Amusement 1100.05-1100.11 1110.03 1100.03 (7) Musical Concert 1110.01 (8) Theatre Cinema 1 120 (9) Roller Rink 1115 (10) Commercial Adult- 605 Oriented Enterprises (11) Massage Practitioner 605 (12) Public Baths 610 (13) Fortune Teller 1130.05-1130.07 and related trade Bingo, Tipboard, Paddle Wheel, Raffle, Pull Tabs (a) Lawful Gambling Permit (those exempt from State Licensure) (State Statute 349.213) (b) Lawful Gambling Investigative Fee (State Statute 349.16) STATE LICENSE REQUIRED For each day dances are held - $2 No fee for locations holding tavern licenses. (a) Billiard, Pool or Pigeonhole table (each) 1. Coin operated (b) Bowling Alley (per lane) (c) Circus (d) Dance Hall (e) Golf 1. Miniature 2. Driving Tee (f) Mountback (g) Rides, mechanical/animal of any kind (ea) (h) Shows, any kind (i) Shuffleboard (each lane) (j) Other games Per event Plus a notice publication fee 1 year or portion thereof Investigation fee Certificate fee Investigation fee Investigation fee (actual cost minimum) FEE 1 year $ 100.00 1 year $ 100.00 1 day $ 160.00 1 month $ 25.00 1 year $ 32.00 1 year $ 90.00 1 year $ 25.00 1 year $129.00 1 day $129.00 1 year $ 30.00 1 year $ 30.00 1 day $124.00 1 year $ 19.00 1 day $ 124.00 1 year $ 14.00 1 day $ 63.00 $ 25.00 1 year $ 124.00 $ 6.50 $ 124.00 1 year $1,500.00 1 Year $1,500.00 1 year $ 50.00 1 year $ 124.00 1 year $1,737.00 $1,737.00 1 day $ 100.00 1 week $ 300.00 1 month $ 600.00 1 year $1,000.00 SECTION 6. ANIMAL LICENSES AND PERMITS TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Animals 905.01-905.29 (a) Animals (Spayed or Neutered) 1 year $ 8.00 with option to purchase a multi-year license (b) Animals (Not Spayed or Neutered) 1 year $ 12.00 (c) Duplicate Animal License $ 5.50 (d) Late Penalty $ 5.00 905.31-905.33 (e) Commercial Kennel 1 year $150.00 (f) Residential Kennel 1 year $ 85.00 (g) Veterinary $150.00 905.37-905.39 (h) Pigeons 1 year $ 30.00 905.41 (i) Non-domestic Animals (Temporary Permit) $ 20.00 905.01-905.29 (j) Impounding (each animal) 1 st time $ 25.00 2nd Time (each impound after) $ 50.00 SECTION 7. VEHICLE AND TRANSPORTATION LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION . OR LICENSE REQUIRING DESCRIPTION (1) Bicycle (2) Aircraft (3) Food Vehicle 1335 Minnesota State Registration 1340 615 (4) Garbage and Refuse Collection 601.01-601.33 (5) Motor Vehicle Dealer 1155 (6) Motor Bicycle Business 1 160 (7) Sound Truck 1 165 (8) Taxicab 1170 (9) Taxicab Driver 1 175 (10) Rental or Utility 1185 Trailers and Trucks (a) Bakery vehicle (b) Catering - for first food vehicle Second vehicle Each additional vehicle (c) Readily perishable (Same as (b) above) Commercial and Residential First vehicle Each additional vehicle Per place of business Each additional place of business Per place of business Per place of business to sell, rent or lease Per vehicle Per vehicle First vehicle or auto livery Each additional vehicle or auto livery operated at any time within license period Each place of business SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION (1) Firearms Dealer 920.01-920.05 (2) Itinerant Food 615 Establishment / .3-39 FEE 1 day $ 30.00 1 year $ 75.00 1 year $160.00 1 year $ 65.00 1 year $ 35.00 1 year 1 year 1 year 1 year 1 year 1 year 1 year 1 day 1 year 1 year 1 year $150.00 $ 32.00 $225.00 $ 85.00 $129.00 $ 65.00 $129.00 $ 20.00 $325.00 $ 40.00 $ 30.00 $ 80.00 $ 80.00 $ 20.00 $210.00 $210.00 $395.00 $200.00 1 year $65.00 FEE 1 year $1,000.00 1 year (3) Retail Candy 615 First facility 1 year Shop Each additional on same premises 1 year (4) Food Establishment 615 (a) Retail or Wholesale Food Sales (Grocery) 1 year (b) Restaurant (Prepackaged food only sold for consumption) 1 year (c) Restaurant (Prepared food sold for consumption) 1 year (d) Plan Review Fee (New/remodeled food preparation facility) (e) Additional Food Facilities (Baked goods, meat, produce, microwave ovens) Each $ 1.00 (5) Vending Machine 615 (a) Food vending machine requiring coin or token (excepting those machines dispensing bottled or canned soft drinks) 1 year $ 15.00 l3-yo SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED ) TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (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 fee for opening cesspool or dumping 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 proh ibited) (Bill No. 1998-19) (10) Soft drink 1145.01 (a) Cans, bottles from shelf or cooler, fountain se rvice $ 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) Auto Detailing 1195.01 Establishment 1 year $ 225.00 (19) 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) 1 year $1,500.00 (20) Temporary Tattoo, Body Piercing, Body 630 per booth $ 30.00 Branding and Bodu painting events ?J • • SECTION 9. LIQUOR AND RELATED LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION (1) Nonintoxicating Malt Liquor 1210 (a) On-Sale (b) Tavern (dance) (c) Wholesale (d) Off-Sale (e) Club (Bottle Club) (2) Liquor 1200.01-1200.25, 1200.29-1200.39 1215 1225 1200.01-1200.25 1200.29-1200.39 (3) Employee License 1200.01-1200.25, On-Sale Liquor 1200.29-1200.39 Establishments (4) Investigation 1200.01-1200.25, Fee 1200.29-1200.39 1225 1200.09 SECTION 10 -MISCELLANEOUS FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING (1) Registration 1181 (2) Permit to reside (3) License for Apartment Houses and Rental Homes 1190 (a) On-Sale (b) Sunday (Fee set by state law) (c) Wine (d) Veterans' Organization (Ex-Sunday) FEE 1 year $550.00 1 year $450.00 1 year $ 21.00 1 year $160.00 1 year $365.00 1 year $11,200.00 1 year $200.00 1 year $800.00 1 year $520.00 Effective 10/1 /95 all licenses issued shall be valid for a period of two years from the date of initial application (a) On-Sale liquor including Veterans' Organization each person shown on application actual costs in excess of above. Each additional investigation for each person not listed on original or renewal application. (b) Wine - Original Application initial Fee actual costs in excess of above with total fee not to exceed Renewal Application Initial Fee actual costs in excess of above with total cost not to exceed Additional Investigation under 1200.09 Subd. 3 not to exceed Investigation of substitute manager DESCRIPTION (a) State hawker or Peddler license 6 month/per person covered (b) Canvasser or Solicitor 6 month/per person covered In motel for more than six months 13-q/ $ 21.00 $500.00 and $150.00 $275,00 and $2,107.00 $62.00 and $2,107.00 $124.00 and $2,107.00 $ 62.00 405.25 (a) Apartment House (includes first 4 Units) 1 year each additional unit in excess of 4 (b) Rental Home - single family dwelling 1 year (c) Duplexes/double bungalows, triples and quads First unit 1 year Each additional rental unit 1 year (d) Late Fee 10% penalty for each month or portion thereof during which said fee remains unpaid. (e) License Transfer Fee FEE $30.00 $30.00 $15.00 $60.00 $ 8.50 $60.00 $60.00 $21.00 $10.00 • ? 0 13 - q,2-- SECTION 10 - MISCELLANEOUS FEES (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION (f) Reinstatement of suspended license 50% of license fee (g) Reinstatement of Revoked license 100% of license fee (4) Certificate of 405.26 Housing maintenance (a) Single family home or owner/occupied Compliance portion of a 2-family home (5) Permit Fee for 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) (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 14th day of December, 1998. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk FEE $60.00 1 year $75.00 $10.00 Per load $20.00 $75.00 $25.00 0 /a. CITY OF RICHFIELD, MINNESOTA Council Letter No. 327 Agenda December 14, 1998 Issue Statement: Approval of a joint powers agreement with the Minnesota Department of Transportation (MnDOT) to facilitate purchase of property and required relocation of residents as part of the widening of 66th Street at I-35W. Background: In March 1998, a public hearing was held and the City Council approved the layout for the widening of 66th Street between Lynwood Boulevard and Humboldt Avenue. The proposed layout will require the total acquisition of three parcels: 1314-1316 West 66th Street (two units), 1315-1317 West 66th Street (two units), and 6600 Emerson Avenue (a single-family home adapted for use as a group home). Six partial acquisitions of parcels include: 1415 West 66th Street (single family home), 6600-04 Girard Avenue (two units), 6601 Emerson Avenue (single family home), 6812 Emerson Lane, 1107- 1109 West 66th Street (two units), and 6544 Girard Avenue. The joint powers agreement would allow the City to act on behalf of the State to facilitate appraisals, initiate relocation, update titles, negotiate purchases, and close on property sales. The City would be reimbursed for all expenditures and staff time. Given other projects, the State does not have the time for facilitating the process on their own and needs to subcontract the work. The limited number of properties involved, and the accessibility of City staff to residents, makes the City as subcontractor an appropriate choice. Any eminent domain proceedings would be pursued by MnDOT. The attached contract has been reviewed by Kennedy & Graven, and has been found acceptable. Appraisal, relocation and legal consultants currently used by the City are all considered "approved contractors" by MnDOT. Recommended Motion: Approve the joint powers agreement with the Minnesota Department of Transportation to facilitate purchase of property and required relocation of residents as part of the widening of 66th Street at I-35W. Basis of Recommendation: 1. After a public hearing, the City Council approved the layout for the widening of 66th Street at their March 23, 1998 meeting. 2. All property purchased will be in the name of the State of Minnesota. 3. The City will be properly reimbursed for all appropriate charges incurred, and will not be required to pursue any eminent domain proceedings. 4. City staff will be able to provide good customer service to residents whose properties will be purchased, in whole or in part. 1a-I . Alternative Recommendation: Do not approve joint powers agreement and require MnDOT to find another agent to act on its behalf. Discussion/Decision Mode: The widening of 66th Street is planned to begin in the spring of 1999 simultaneously with the construction of the 1-35W bridge. Acquisitions and relocations need to begin immediately. 11Y,submitted, James City M JDP:ds 0 is-a 0 RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF A JOINT POWERS AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO FACILITATE THE PURCHASE OF PROEPRTY AND REQUIRED RELOCATION OF RESIDENTS AS PART OF THE WIDENING OF 66TH STREET AT 1-35W WHEREAS, in March 1998, a public hearing was held and the City Council approved the widened layout for 66th Street between Lynwood Boulevard and Humboldt Avenue; and WHEREAS, certain real property will need to be acquired to properly perform the construction on 66th Street and the 1-35W bridge; and WHEREAS, the Minnesota Department of Transportation has requested the City to facilitate appraisals, initiate relocation, negotiate purchases, and other actions required to assemble the necessary right-of-way; and WHEREAS, the State Department of Transportation will reimburse the City for related expenditures and staff time to facilitate the purchase of property and required relocation of residents as part of the widening of 66th Street at 1-35W. NOW THEREFORE BE IT RESOLVED that the joint powers agreement with the Minnesota Department of Transportation to facilitate the purchase of property and the required relocation of residents as part of the widening of 66th Street at 1-35W is approved, and the Mayor and City Manager of the City of Richfield are authorized to execute the agreement and other agreements necessary for the completion of the project. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 11 CITY OF RICHFIELD, MINNESOTA Council Letter No. 326 Agenda December 14, 1998 Issue Statement: First reading of a transitory ordinance vacating right-of-way for the Urban Village redevelopment project. Background: Richfield State Agency (RSA) is proposing to develop a mixed land use project at the southeast corner of 66th Street and Lyndale Avenue. The Urban Village proposal includes a mixture of new housing choices, retail, office and public spaces. The proposal provides 73,000 sq. ft. of additional office/retail space, 216 housing units, a 600 space parking ramp and a relocated McDonald's to the corner of 67th and Lyndale. The housing types would include assisted living housing and townhome style apartments for the Pleasant/Grand block. RSA is requesting that portions of three streets be vacated for the proposed development. Grand and Pleasant Avenues would be vacated between 66th and 67th Streets. The north half of 67th Street would be vacated between Harriet and Pleasant Avenues. The south half of 67th Street would not be vacated but would be converted to a loop street between Grand and Pleasant Avenue and an access between Grand Avenue to the alley. Recommended Motion: Approve first reading of a transitory ordinance vacating Grand and Pleasant Avenues from 66th to 67th Streets and the north half of 67th Street from Harriet to Pleasant Avenues and set a second reading and public hearing for January 11, 1999. Basis of Recommendation: 1. The right-of-way is not needed for street or sidewalk purposes. 2. The right-of-way is needed for the Urban Village development. 3. Adequate access for emergency vehicles will be maintained. 4. The south half of 67th Street will be used to provide loop street between Pleasant and Grand Avenue for the neighborhood to the south of Urban Village. Closing 67th Street will prevent Urban Village traffic from spilling into the residential neighborhood. 5. The south half of 67th Street will be use to provide access from Grand Avenue to the alley on this right-of-way. 0 ()-I 6. The proposed loop streets have been reviewed with the neighbors south of 67th Street. Reactions were positive. 7. Public Works and Public Safety staff find the street vacations acceptable 8. RSA is responsible for the cost of installing the loop streets. Alternative Recommendation: 1. Deny this vacation at first reading. 2. Refer the vacation to the Planning Commission. Discussion/Decision Mode: First reading is set for December 14, 1998. If approved, a public hearing and second reading will be scheduled on January 11, 1999. Respectfully submitted, r Jame a . Prosser City anager 0 JDP:ds 0 //-D- BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING STREET RIGHT-OF-WAY THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following described land is subject to an easement for public right-of-way purposes: That part of Grand Avenue South and Pleasant Avenue South lying between the south line of West 66th Street and the north line of West 67th and its easterly extension, and the north 25.00 feet of West 67th Street lying between the northerly extension of the centerline of Harriet Avenue South and the westerly line of the Canadian Pacific Railway. (refer to herein as the "Vacated Area") 0 Sec. 2. The City of Richfield has initiated the vacation of the Vacated Area. Sec. 3. The Council finds that there will no longer be a public need for a right-of-way easement over the Vacated Area, as described in Section 1 of this Ordinance. Sec. 4. The easement over the Vacated Area, as described in Section 1 of this ordinance, is hereby vacated. Passed by the City Council of the City of Richfield, Minnesota this day of .1999. Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk 11-3 Proposed Street Vacations Urban Village a 66th St 40 a M Streets to be Vacated 80 D SO 160 Feet A td - -December 4, 1998 io • CITY OF RICHFIELD, MINNESOTA Council Letter No. 325 Agenda December 14, 1998 Issue Statement: First reading of an ordinance amendment rezoning land between 66th and 67th Streets and Grand and Pleasant Avenues from R (single family residential) to PC-2 (planned general commercial) and rezoning land at 6701 Lyndale from PC-2 to C-1 (neighborhood commercial). Background: Richfield State Agency (RSA) is proposing to construct a mixed land use development at the southeast corner of 66th Street and Lyndale Avenue. The Urban Village proposal includes a mixture of new housing choices, retail, office and public spaces. The proposal provides 73,000 sq. ft. of additional office/retail space, 216 housing units, a 600 space parking ramp and a relocated McDonald's to the corner of 67th and Lyndale. The housing types would include assisted living housing and townhome style apartments for the Pleasant/Grand block. The property at 6701 Lyndale is currently a parking lot and is part of the existing RSA PUD plan. RSA is proposing to move the brick house that is located adjacent to the bank and clinic parking lot at 67th and Harriet to 6701 Lyndale Avenue. The property will then be sold to the owners of chiropractic clinic who are being relocated from their office at 66th Street and Grand Avenue. Since the ownership of 6701 Lyndale will be separate from that of the Urban Village, a rezoning to C-1 (neighborhood commercial), while not required, would be appropriate. The City Council is being asked to initiate the rezonings because the developer does not yet have title to all parcels. Recommended Motion: Approve first reading of an ordinance rezoning land between 66th and 67th Streets and Grand and Pleasant Avenues from R to PC-2 and rezoning land at 6701 Lyndale from PC-2 to C-1; and set a public hearing and second reading for January 11, 1999. Basis of Recommendation: 1. The Comprehensive Plan designation for the Pleasant/Grand site is Regional Commercial/Office. The Regional Commercial/Office designation supports commercial and multiple family development. 2. The City Council can initiate a rezoning. The rezoning request is then sent to the Planning Commission for review. n ?J c)-1 i 3. The Planning Commission and City Council will also review a planned unit development plan, final development plan and conditional use permit for the proposed development. 4. Mixed use development in the City is permitted through a planned unit development. The PC-2 district allows uses that are allowable in the C-2 district. Retail, offices, townhomes and multi-family housing are all allowable in the C-2 district. 5. The C-1 district allows small office uses such as a chiropractic clinic. 6. The rezoning will not be effective until RSA owns title to all properties. 7. This development is consistent with the Richfield Lake Area Master Plan recently accepted by the City Council and HRA. 8. This development is consistent with a redevelopment plan recently approved by the HRA and City Council. 9. The HRA also recently approved a Contract for Private Development with Richfield State Agency for this site. 0 10. The property at 6701 Lyndale requires single family residential. The neighborhood was receptive to the present R-1 zoning or would have accepted a C-1 designation. RSA has decided to develop 6701 Lyndale. Alternative Recommendation: Deny this rezoning at first reading. Discussion/Decision Mode: First reading is set for December 14, 199E reading will be scheduled on January 11, If approved, a public hearing and second 1999. Respectfully submitted, Jam D. Prosser City Manager JDP:ds LJ >o ?a. • BILL NO. AMENDMENT TO APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: 1.01 Appendix 1, which describes the boundaries of various zoning districts of the City, is hereby amended in the following respect: A. Section 2, Paragraph (15) is added to read as follows: (15) M-6 (SE Corner, 67th and Lyndale) Lots 24 and 25, Block 4 Lyndale Shores on Wood Lake. B. Section 7, Paragraph (4), is amended to read as follows: (4) M-6 (SE corner, 66th and Lyndale) Lots 1-3, Block 1, Richfield Bank Addition and Block 1 JN Hauser's Addition. 2.01 This amendment constitutes a rezoning of 6701 Lyndale Avenue from PC- 2 to C-1 and of the following parcels from R to PC-2: 6601 Grand Avenue, 6607 Grand Avenue, 6615 Grand Avenue, 6621 Grand Avenue, 6627 Grand Avenue, 6635 Grand Avenue, 6645 Grand Avenue, 301 West 66th Street, 307 West 66th Street, 6614 Pleasant Avenue, 6620 Pleasant Avenue, 6626 Pleasant Avenue, 6630 Pleasant Avenue, 6640 Pleasant Avenue, and 6644 Pleasant Avenue. Passed by the City Council of the City of Richfield, Minnesota this day of '1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk Existing Zoning Urban Village r-66th St Zoning C-2 M PC-2 PMR R -.-A 10-3 100 Q 100 200 Feet December 4, 1998 Proposed Zoning Urban Village s - ------- ---- -- ` ?'_ 5C? Crftivi:::-•?-.: =iii-n? '-?i:--.._. }•-.._ - - - ---------- ?}vQiL-- -?-- S!}}::?-?:ri._YrL{i-:YL.L}'i.???•..ti::L•ri,L I-Ek sxL-:::-rxi. _ ?_ _:: ? St =>:x•:Y:".•:•':L:_• } .tx•+.x:.r>_;: $} =•fv``_ ::JC1} :vi-: i:::-i:•i:•-r'C •:•itiJLLiS}_iC;::`::: ? _::_iii"-i::: >fv'•iY.v_::?__i-':i:vi"riY:"?? ?N ___ :??. _y-'a {ive':jr ?:;•;i: 66th St ;rrr :A<=' F:.::.. t=. o. rt`r:........ L?::tisr:• ------------- +.-- Vr?l y f INK- 67th St i:Lii•:r} - ^^`` W V Zoning C-2 ® PC-2 100 0 100 200 Feet PMR 0 R - C-1 N December 4, 1998 Richfield's vision for the future is to continue The Urban Village is a proposed redevelopment project for the southeast quadrant of Lyndale Avenue and 66th Street that adds new housing choices and new commercial space. Already part of the Richfield Lake master plan, this area comprises the Richfield Bank and Trust property and the block east of the bank, bordered by 66th/67th Streets and Oeasant/Grand Avenues. The Urban Village proposal provides 78,000 square feet of additional office/retail space, 210 housing units, a 600 space parking ramp, plus the relocation of the McDonalds to the to be known as the best place to live, work, learn and do business. One of the ways the f vision is achieved is through redevelopment o f commercial areas ir-decline and adjacent residential areas. ? corner of 67th and Lyndale. If the Pleasant/Grand block is included, townhome style apartments are proposed for that area. The developer, Richfield State Agency, submitted plans to the Rich fieki Housing and Redevelopment Authority (HRA) in April and again in September. The HRA will make a final decision about the proposal on November 16. The City Council and Planning Commission will also review the proposal because tax increment financing is requested to build the parking ramp. The City Council meets on November 11. URBAN VILLAGE For more information, PUBLIC MEETINGS: call Bruce Nordquist, - 861-9777. Housing and Redevelopment Authority (HRA) - November 16 City Council - November 23 .4. +,The Urban Hometown Looking to the Future 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 324 Agenda December 14, 1998 Issue Statement: Conduct a public hearing on an amended planned unit development plan, final development plan and conditional use permit for Gramercy Park Cooperative, 710 Lake Shore Drive and 6724 Lyndale Avenue. Background: On September 28, 1998, Gramercy Corporation received approval of a planned unit development plan, final development plan and conditional use permit to construct a 218- unit senior housing cooperative. Gramercy is proposing to make the following changes to the development: • reduce the total building square footage from 393,422 sq. ft. to 327,405 sq. ft., a 16.7 percent reduction; • reduce the number of units from 218 to 160; • reduce the number of stories from 14 to 12; • eliminate the portion of the parking deck that would have been constructed underneath the alley; . • decrease the amount of covered parking from 230 to 168 stalls (approximately 64 outside stalls will also be provided); • eliminate the second story of the VFW, although the number of square feet in the facility would remain approximately at 8,000; and • adjust the entrances to the parking structure and reconfigure loading/unloading areas. The appearance of the main building will not change. The elevation for the VFW portion of the project does not show the final design. A stipulation requiring that the design be coordinated with that of the housing tower should be added to the approval. The fewer number of units does mean that fewer of these housing options will be available to Richfield seniors and consequently, fewer single family homes will be made available to families with children. Recommended Motion: Conduct a public hearing and approve the request for an amended planned unit development plan and final development plan, and adopt a resolution approving an amended conditional use permit to allow a reduction in the building square footage at 710 Lake Shore Drive and 6724 Lyndale Avenue with the following stipulations: 1. That a final landscape plan, including tree replacement both on and off site, be approved by the Community Development Director and a cash escrow submitted for the cost of the landscaping. q_1 2. That a stormwater management plan be approved by the Public Works Director. 3. That a sediment and erosion control plan be approved by the Public Works Director. 4. That appropriate measures be taken to ensure that cooking odors from the VFW will not negatively impact future cooperative residents or other surrounding properties. 5. That the property be replatted. 6. That final design of the VFW portion of the structure be consistent with that of the housing portion and approved by the Community Development Director. 7. That a resolution approving the conditional use permit be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. Basis of Recommendation: 1. The City's planned unit development ordinance requires an amendment to a PUD plan, FDP and CUP if the amount of building square footage changes more than 10 percent. 2. The proposed downsizing of the project does not substantially impact the nature of • the project. 3. The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. The Comprehensive Plan designation is Community Commercial, which allows for high density, multiple family housing and a facility such as the VFW. 4. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The proposed changes will lessen the impact on governmental facilities, utilities, services and improvements. 5. The use will not have undue adverse impacts on the public health, safety, or welfare. The proposed changes will lessen any impact on the public health, safety and welfare. 6. There is a significant number of seniors in the City and adjacent communities who are seeking or will be seeking alternatives to living in a single family home. The cooperative style of housing is currently unavailable in Richfield. 7. Notice of the public hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the subject property. 8. On December 8, 1998, the Planning Commission voted unanimously to approve the amendment. 9-a Alternative Recommendation: Deny the amendment. Discussion/Decision Mode: A public hearing is scheduled for 7 p.m., December 14, 1998 in the Council Chambers, Richfield City Hall, 6700 Portland Avenue. Respectfully, submitted, { James rosser City Manager JDP:ds it 9-3 RESOLUTION NO. RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT 710 Lake Shore Drive and 6724 Lyndale Avenue WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for a 160-unit senior housing cooperative and 8,000 sq. ft. VFW club facility on land generally located at 710 Lake Shore Drive and 6724 Lyndale Avenue South, legally described as: Lots 19-23, Block 3, Fairwood Shores WHEREAS, the City has fully considered the request for approval of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued for a 160-unit senior housing cooperative and 8,000 sq. ft. VFW club facility, as described in City Council Letter No. , on the Subject Property legally described above. 40 2. The conditional use permit is subject to completing the following conditions: • That a final landscape plan, including tree replacement both on and off site, be approved by the Community Development Director and a cash escrow submitted for the cost of the landscaping. • That a stormwater management plan be approved by the Public Works Director. • That a sediment and erosion control plan be approved by the Public Works Director. • That appropriate measures be taken to ensure that cooking odors from the VFW will not negatively impact future cooperative residents or other surrounding properties. • That the property be replatted. • That final design of the VFW portion of the structure be consistent with that of the housing portion and approved by the Community Development Director • That this resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. 3. The conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if 0-q normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • 0 p 'a e . w a a d? a a qqpCgg 0.'G:C a u? 9ia'I e? ? : ? C •'8 a v v G7U? 8 EG7U R Ry sZ? Z Z i Y ? I ?a6 1 1 i .?; ? ? I e = PP Z U O P i ? of ?, =Z ( ? r i 1 11 1 11 1 ? I ? 0; 4 y } y f 11 ? I ' O?? & ? ? 1 .? IA m W N &I N : ?' Q a `$ R s 9 a' I t i yi > x e hZ2 7g E$ `.? = w b §4 m v ; ?? tA? -- '? v ; 8? _ .y-- ? .II ?a ti I ! i ! ? ! •? j I I , I Z 6a4 ?•4, I! n, E s ? ?l? $ ra :ti'3? -,' a 0 i a IAG V a ec?c°?? <z `a? 'ee e? tA7 C off? ?n°s? ??: f &? I ?- d v i : :$ 3 t(D Z F.. V ce E w pry 9 ??_ ??3 a. Frg .xS g? 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Q E , pjYa I I I V g : z C-4 I , 210 ION C ? .. ... I r I I i i I 1 I I II IN - I I I ai i oil 1 1 jl jolA i. I.0I .r I . I I ? I ? I y „ .r- s^, ?? 33 u' I I ? a3 I ?? I ? I ----' - r• `J IJIJ l?J l?J ? b V I e3 I ?; i I _ I lit 0 If I uP I I i ob j 09 -- II III ail I gs 8 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 323 Agenda December 14, 1998 Issue Statement: Conduct a public hearing regarding a request for an amended conditional use permit to allow an increase in restaurant seating capacity from 90 to 150 at 6519 Nicollet Avenue. Background: Eastern Buffet, 6519 Nicollet Avenue, received a conditional use permit on October 27, 1997 to operate a 90-seat restaurant. Eastern Buffet is requesting an amendment to its conditional use permit to add 60 seats to the restaurant's capacity. Parking in the shopping center does not meet City standards. There are approximately 191 parking spaces available for the 57,500 sq. ft. center (3.3 spaces per 1,000 sq. ft.). City standards would require 230 parking spaces to reach a parking ratio of four spaces per 1,000 sq. ft. Because the parking lot does not meet City standards, staff requested a parking analysis of the existing parking situation. Parking counts conducted by RLK-Kuusisto, Ltd. indicate that parking is generally adequate during evening hours. On the two evenings counted, the parking lot had between 28 and 43 parking stalls available. During the weekday lunch period, the parking lot is generally 80 percent full, with 21 and 26 parking stalls available. A Saturday lunch count was also taken and showed approximately ten stalls available. To accommodate the additional seating, the applicant proposes to add 13 parking stalls to the shopping center parking lot. Four stalls would be in front and nine in the rear of the shopping center. Two of the stalls proposed in the front lot and two stalls proposed in the rear lot would interfere with traffic circulation and should not be allowed. Four stalls proposed in the back lot will require additional curbing to accommodate the stalls. The application is not clear whether or not curbing would be installed. According to the application, additional measures would also be taken to accommodate the added seating. The measures are described in the attached parking study. A summary of those measures along with staff's response to the proposed measures is also attached. Recommended Motion: Conduct a public hearing and deny the request for an amended conditional use permit to allow an increase in restaurant seating capacity from 90 to 150 at 6519 Nicollet Avenue and adopt a resolution approving an increase in seating capacity from 90 to 120 seats with the following stipulations: That shopping center management continue its efforts to encourage employees to park in the back parking lot and to improve the safety of the back lot. 0 2. That fencing be installed along the east side of the shopping center subject to final design approval by the Community Development Director. $-I 0 3. That additional dry storage be provided as approved by the Environmental Health Specialist. 4. That a parking plan be resubmitted and approved by the Community Development Director. The plan should show a total of nine parking stalls and indicate curbing at either end of the parallel parking spaces. 5. That the trash dumpsters be consolidated. 6. That the owner not allow snow to take up parking spaces, removing it from the property as needed to keep parking spaces available. 7. That a resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. Basis of Recommendation: 1. The shopping center parking lot does not meet City parking standards of four spaces per 1,000 sq. ft. of space in a retail center. The proposed parking spaces will not bring the lot into compliance with City standards. 2. Parking counts indicate that the front parking lot is, on average, 80 percent full during the noon hour when usage of the center is at its peak. Approximately 20 parking spaces are available during this time for all businesses within the shopping center. A Saturday lunch count showed the lotto be 92 percent full with approximately ten spaces available. 3. At 90 percent, a parking lot is functionally full. The remaining parking spaces are in a state of transition with entering and exiting vehicles. Using the lunch count capacity of 80 percent, there are approximately ten spaces of excess parking. The two spaces proposed in front would result in 12 excess parking spaces in the front parking area. City parking standards require one space for every 2.5 restaurant seats so if all of the excess 12 spaces are attributed to the restaurant, an additional 30 restaurant seats could be accommodated. 4. Two of the proposed parking spaces in the front parking lot and two in the rear parking lot would interfere with traffic circulation and should not be allowed. The four parallel parking spaces in the rear parking lot should be defined through the use of curbing. 5. The proposed parking spaces in the back parking lot are not likely to substantially increase the capacity of the front lot. The applicant's argument for additional seating relies largely on encouraging employees to park in these rear spaces. It is unknown whether or not new efforts to encourage parking in the rear will be successful. In addition, City counts of the rear parking area show that there is not a significant number of empty parking spaces in the rear area. 6. Other tenants in the shopping center have testified to staff and the Planning Commission of their need for parking and stated that they have observed a ff-a shortage of parking and received complaints from customers since the restaurant opened. 7. Dry storage is currently a concern of the City's Inspectors. Additional seating will require storage space to be added on the main level of the restaurant. 8. The design of the fencing along the east side of the shopping center was decided upon as part of the original LHN redevelopment. The applicant proposes to install chain link fencing to fill in the gaps along the fence and improve safety in the rear parking lot. The fencing should be made to match the existing fencing in keeping with the LHN design standards. 9. On December 8, 1998, the Planning Commission voted 4-1-1 to approve an increase in the seating capacity to 120. One Commissioner voted against the motion stating that the restaurant warrants the same number of seats as Arnold's restaurant had (132). One Commissioner abstained from voting stating that additional parking counts are needed before a decision can be made. 10. Notice of the public hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the subject property. Alternative Recommendation: 1. Deny the request for an amended conditional use permit at 6519 Nicollet Avenue with a finding of fact that sufficient parking does not exist to allow for an increase in seating capacity. 2. Continue discussion on the item to a date certain and request that additional parking counts be taken over a longer period of time with the restaurant seating capacity at 90 seats. 3. Deny the request for an amended conditional use permit to increase seating to 150 and approve an increase in seating capacity to 132 seats. 4. Approve the request for an amended conditional use permit to increase the seating capacity to 150 seats at 6519 Nicollet Avenue. Discussion/Decision Mode: A public hearing is scheduled for 7 p.m. on Monday, December 14, 1998. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. RespectfLVly submitted, a Prosser Jam i2nager City JDP:ds B'3 0 RESOLUTION NO. RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT 6519 NICOLLET AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of an amendment to the conditional use permit for a Type II restaurant on land generally located at 6519 Nicollet Avenue South, legally described as follows: That part of lots 4 and 12 lying north of the south 35 feet thereof, Block 9, Towns Edge Village of Richfield WHEREAS, the City has fully considered the request for approval of the conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: An amended conditional use permit is issued for a 120-seat Type II restaurant, as described in City Council Letter No. , on the Subject Property legally described above. 2. The conditional use permit is subject to completing the following conditions: • That shopping center management continue its efforts to encourage employees to park in the back parking lot and to improve the safety of the back lot. • That fencing be installed along the east side of the shopping center subject to final design approval by the Community Development Director. • That additional dry storage be provided as approved by the Environmental Health Specialist. • That a parking plan be resubmitted and approved by the Community Development Director. The plan should show a total of nine parking stalls and indicate curbing at either end of the parallel parking spaces. • That the trash dumpsters be consolidated. • That the owner not allow snow to take up parking spaces, removing it from the property as needed to keep parking spaces available. • That a resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. 3. The conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9 Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 Attachment 1 S,5 Parking Study Summary s • i Just,fi ation for A44it QnaI Seatin _sb? S:ta f Res Oh A typical shopping center user will make Parking standards for shopping centers take into multiple trips. account shared parking. The center does not meet current parking standards for a shopping center. A typical stop at the Eastern Buffet restaurant is shorter than a typical sit down restaurant. The restaurant's busy times do not conflict with This does not account for all times of the day. the majority of the shopping center tenants. Parking problems have occurred at the center during the lunch hour. Parking for the 90-seat restaurant during the evening rush is acceptable. Parking during the week-ends is acceptable. A Saturday parking count showed the lot was 92 percent filled. Parking is acceptable during the daytime rush. The lot is generally 80 percent full. At 90 percent, a parking lot is considered functionally full. This suggests that there are 10 to 13 excess parking spaces. Three years ago, Arnold's restaurant had a It is appropriate to consider the current parking seating capacity of 132 spaces. and tenant situation rather than the situation three ears ago. The parking situation will improve as the following recommendations are implemented: • Add 13 spaces to the center parking lot • Four of the proposed spaces would conflict with traffic circulation. • Encourage employees to park in designated • This has been an issue for many years. It is areas unclear how the situation will be different. Staff counts of the back parking area show that it is utilized and that there is not a large amount of empty parking spaces. • Improve security along back of center • Completing the fencing along the east side of the center may improve security. • Consolidate dumpsters • It is unclear how much this will allow additional parking • Encourage bus participation • How will this be increased? • Encourage bike usage • This is not likely to have a large impact on parking demand during the winter months • Provide additional parking signage to • Staff counts show that there is not a encourage parking in the rear by employees significant amount of empty parking spaces behind the center Employee parking in the rear will be enforced. This has been an ongoing issue with the center. Safety concerns have discouraged employees from parking in the back. The added fencing may or may not alleviate this concern. A number of the shopping center's clientele This has been the case for many years and is not utilize the local buss stem. likely to result in a decrease in the parking usage. S-6 Parking Study Eastern Buffet Restaurant Richfield Minnesota November 24, 1998 R ILK Prepared by RLK-Kuusisto, Ltd. \1 ?- • 8-7 PURPOSE OFREPORT. To evaluate the feasibility of adding additional seats to Eastern Buffet's existing Conditional-Use Permit. This study will examine an appropriate seat number for the Eastern Buffet restaurant by defining the availability of parking for both this tenant and for the remaining tenants within the Richfield Shoppes Center. Currently, the Eastern Buffet Restaurant holds a Conditional Use Permit allowing for a 90 seat Class #II restaurant. A--cording to the June 1995 City of Richfield Zoning Ordinance a Class #II Cafeteria Restaurant is defined as restaurant where food and non-intoxicating beverages are selected by customers while passing through a service line and taken to a table for consumption. This report will analyze the existing parking situation, count existing parking numbers, and make recommendations. The analysis of the existing parking situation will look at potential parking up-grades, employee parking, loading and trash services, and other parking tendencies. The parking lot will be counted during the busiest times of the shopping center: • Tuesday: supper • Wednesday: lunch • Thursday: lunch • Friday: lunch • Friday: supper • Saturday: lunch The recommendations will focus on the opportunities to create parking improvements. For example; adding parking stalls, combine trash containers, install signage, improved security, etc. RECOMMENDA TIONED PARKING IMPROVEMENTS: 1. Provide additional parking for the shopping center. 12 stalls will be added to the shopping center. Of those 12 stalls, ten will be added to the backside of the shopping center and designated as employee parking. This will help encourage the center's employees to park in the back rather than along the front side. Two more stalls will also be added to the front of the building, specifically, right in front of the Eastern Buffet store. This will help provide more parking options for all of the shopping centers clientele. (Refer to Attachment D' for parking improvements plan) 0 Parking Study S4 Richfield Shoppes November 24,1998 Page 2 2. Encourage employees to park in the designated areas. This might be accomplished by reinforcing this designation with the tenant's employees. Midwest Management is committed to enforcing this, by sending memos to the appropriate tenants encouraging employees to park in the designated areas. Security personal have also been assigned to the parking lot with the sole purpose of watching over the employee parking situation. Another potential motivation might be to improve the security along the back side of the center. Midwest Management, in hopes to help improve security, has already added additional lighting fixtures to the backside of the center. 3. Midwest Management is committed to improving the security along the backside of the shopping center. As suggested by Kevin Lehman, Richfield's Crime Prevention officer, Midwest Management is putting a chain link fence between the sections of the privacy fence along the East side of the center to restrict unwanted access to the parking lot. (Refer to Attachment `E' for a memo from the Department of Public Safety). 4. Consolidate garbage dumpsters to free up more room for additional parking stalls. Currently, there are a high number of garbage dumpsters along the backside of the center. Wherever possible, these garbage dumpsters should be combined. This will accomplish two things: (l.) provide additional parking stalls (2.) clean up the image of the back of the center. Midwest Management is committed to analyzing this opportunity. 5. Encourage further bus participation. The center is fortunate to have a major bus line nearby. A high number of bus users rely on this center to do a majority of their shopping. This also helps lower the dependency on the automobile as well as decrease the center's parking demand, which will allow a higher seat count for the Eastern Buffet restaurant. 6. Encourage bike usage. Midwest Management has agreed to place bike racks along the front of the shopping center. This will, especially for children and young adults, provide an alternative form of transportation. This will also help lower the dependency on the automobile as well as decrease the center's parking demand. which will allow a higher seat count for the Eastern Buffet restaurant. 7. Provide additional parking signage. For example, a 15 minute parking limit designation will provide tenants with sufficient parking. Another parking signage opportunity is to provide employee parking signs at the entrances of the backside of the center. This will help educate employees that the backside has been designated for their use. 40 Parking Study Richfield Shoppes November 24,1998 - 10 Page 3 CONDITIONAL-USE PERMIT RECOMMENDATION: ? RLK-Kuusisto, Ltd. supports a 150 seat conditional-use permit. This recommendation is based on the implementation of the RECOMMENDED PARKING IMPROVEMENTS listed above and the justifications listed below: ¦ A typical shopping center user will make multiple trips, for example, a user will go to the restaurant and the photoshop during the same visit. ¦ A typical stop at the Eastern Buffet restaurant is shorter (estimated at 18 min.) than a typical sit down restaurant(30-35min). ¦ The restaurant's typical busy times, nights and weekends, do not conflict with the majority of the shopping center tenants. (27% are closed after 5: 06pm, 34% of the tenants are closed on Saturday, 69% of the tenants are closed on Sunday) ¦ Currently, parking for the 90 seat restaurant during the evening rush(5-7pm) is acceptable. ¦ Currently, parking for the 90 seat restaurant during the weekends is acceptable. (34% of the tenants are closed on Saturday / 69% of the tenants are closed on Sunday.) ¦ Currently, parking for the 90 seat restaurant during the daytime rush(12-Ipm) is acceptable. ¦ Three years ago, a Class I restaurant, named Arnold's Hamburger Grill, with a seating capacity of 132 occupied the applicant's shopping center space. ¦ The parking situation will improve as the above-mentioned recommendations are implemented. ¦ Enforcement of employee parking. ¦ A number of the shopping center's clientele utilize the local bus system. SUMMARY OF FINDINGS. • Parking during the supper rush is acceptable. (Refer to attachment "F" for a table outlining the parking counts) • Tuesday: supper - 66% filled (an average of 43 stalls available). • Friday: supper - 77% filled (an average of 28 stalls available). An explanation for this high number of available night-time parking is that by 5:00 p.m. on a typical Monday-Friday, over 27% of the shopping center is closed. • The parking counts for the weekday lunch suggest an acceptable level of available parking. (Refer to attachment "F" for a table outlining the parking counts.) The parking counts for the lunch rush are as follows: • Wednesday: lunch - 79% filled (an average of 26 stalls available). • Thursday: lunch - 83% filled (an average of 21 stalls available). • Friday: lunch - 81% filled (an average of 23 stalls available). Parking Study Richfield Shoppes .-/® November 24,1998 Page 4 • The parking counts for the weekend lunch suggest an acceptable level of available parking. (Refer to attachment "F" for a table outlining the parking counts) • Saturday: lunch - 92% filled (an average of 10 stalls available). • The explanation for this percentage is that the emnlovee narking alone the backside o the shopping center was under-utilized. An alarming 25 parking stalls were available or employee parking during this parking count. Iplovee Darkinz can be enforced the varkine numbers in the front ofthe center for a ical Saturday will improve. During a typical Saturday over 34% of the center's businesses are closed. A Sunday typically reveals that over 70% of the center's businesses are closed. • Currently the employee parking area is under-utilized. The area on the back side of the center has been designated employee parking. (Refer to Attachment C for the October 20, 1998, Midwest Management memorandum addressing employee parking.) During the gathering of the parking counts, the employee parking area was also counted. The number of stalls which were unoccupied averaged 10 stalls. This suggests that there still are opportunities to further encourage employees to park in the back. Approximately, three to four years ago, this same tenant area contained a sit- down style restaurant with seating for up to 132. Arnold's Hamburger Grill, a Class I, restaurant held a conditional use permit allowing for 132 seats. • The typical stay at the Eastern Buffet Restaurant is shorter than a regular sit- down style restaurant. The average stay for the Eastern Buffet clientele is about 18 minutes. The average stay at a sit-down restaurant is approximately 30-35 minutes. This results in a quicker turn-around in parking usage. In other words, a parking stall is freed-up quicker with this style of restaurant compared to a sit-down style restaurant, allowing a higher seat count for the Eastern Buffet restaurant. • To illustrate the typical business li sirs of the shopping center the following businesses have been broken down into these categories: (#) number of businesses, (%) of businesses. (Please refer to Attachment B for the business listings, size of store, and hours of operation.) CATEGORY 1 (open Monday-Friday, 9:00-5:00 p.m.) (7) (27%) CATEGORY 2 (open Monday-Friday, after 5:00 p.m.) (2) (7%) CATEGORY 3 (open Monday-Saturday) (9) (35%) CATEGORY 4 (open Monday-Sunday) (8) (31 %) Parking Study Richfield Shoppes November 24,1998 I Page 5 Please Note: Over 1/3rd of the businesses are closed on Saturday while over 2/3rds of the businesses are closed on Sunday. • A high number of the shopping center's clientele utilize the local bus system. A major north/south regional bus line travels along Nicollet Avenue with a principal bus stop at the northeast corner of Nicollet and 60h Street. This helps lower the dependency on the automobile as well as decrease the shopping center's parking demand, which will allow a higher seat count for the Eastern Buffet restaurant. • Some of the businesses have commented that non-customers have been parking early in the morning, then taking the bus. Parking signage will alleviate this concern. PROJECT LOCATION: The Eastern Buffet Restaurant is located on the northeast corner of Nicollet Avenue and 66'' Street. (Please refer to Attachment A for existing site conditions.) This corner is a very busy intersection. Almost 15,000 cars travel along this intersection on a daily basis. This restaurant is within a larger shopping center called Richfield Shoppes North. This shopping center contains 57,463 sq. ft. of a primarily retail/office mix. Currently, its' vacancy rate is at a very low level. (Please refer to Attachment B for the business listings, size of store, and hours of operation) 4) 8-1a 0 r`I ?J Attachment A Existing site conditions • I3 65th Street East PARKING COUNT - d e 3113 s f AREA 6 ' -- Sirek' I s 'tents 3 Seafood I 6113 sf 3 -0 , Paper Warehouse 6 2239 sf H & R Block I t 65 1937 sf Esoresso b more _ 51 2600 sf Vision World C 7304 sf 9 I O Richfield Flowers Cn I 'G_ + 7 N 4796 sf futon Caller y 4200 sf :r _ Eastern Buffet C > 3000 sf Wes- Coast r auty Supply < -------------•---- ( r- 6= _?nn sf Tanli no _- 5: ;o -1_65 sf••-Check ExpresL , 775 sf 1 r --•--..... -O + 1120 sf Li- a Caesar's C 10,500 sf i - I r ACver u res In Video j I I G ? NV' v ?? = cv N I a ao„ o ?+ I 66th Street East EXISTING CONDITIONS O cn C C C G i n Cl; C w. O .i.J i -? o W ,V 3-4 0 Attachment B Business latings, size of store, and hours of operation 0 3-1?5 9 Table of existing businesses listings J • TOTAL SQ. FT. BUSINESS NAME HOURS CATEGORY* - 0;640 sAdventvres Iri 'Videa ' Man-Said :OOza.m: =12:00 a:m -" -4 77 7,304 Richfield Flowers Mon. - Fri. (9:00 a.m. - 6:00 p.m.) 3 Sat. 9:00 a.m. - 4:00 .m. 6,113 Wareho;isePaper ' Mon. - i=ri. 9:00 &m. =900 .m. 2 4,796 Futon Gallery Mon. - Thurs. (11:00 a.m. - 6:00 p.m.) 3 Fri. (11:00 a.m. - 3:00 p.m.) Sat. 12:00 .m. - 5:00 .m. 4,200 Eastem'Buffet . Sun. -,Thurs. (11:00 a.m."= 9:00 p.m.) 4 Fri. - Sat 11:00 a.m. -10:00 .m 3,113 Simek's Mon. - Fri. (9:00 a.m. - 9:00 p.m.) 4 Sat. (9:00 a.m. - 6:00 p.m.) Sun. 11:00 a.m. - 5:00 .m. 2,816 Payfess `-, ') Mon. - Fr?;(9:00 a.m. -9:00 p.m.) 4 Sat. (9Z a.m. - 7:00 p.m.) Sun. 11:00 a.m. - 6:00 .m. 2,600 Vision World Mon. - Thurs. (10:00 a.m. - 8:00 p.m.) 3 Fri. (10:00 a.m. - 6:00 p.m.) Sat. 9:30 a.m. - 5:00 .m. 2,240 ,:Tanrme Mon. - Fri. (8:00 a.m. -11.00 p.m:) 4 Sat. (8:00 a.m. -10:00 p.m.) Sun.; 9:00 a .m. - 9:00 :m. 2,239 H&R Block Mon. - Fri. (9:00 a.m. - 9:00 p.m.) 4 Sat. (9:00 a.m. - 5:00 p.m.) Sun. 12:00 .m. - 5:00 .m. 1,937 - Espresso, & More Mon. - Fri. (6:00 a.m. -7:00 p.m.) 4 - Sat (8:00 a.m. - 5:00 p.m.) _ Sun. 9:00 a.m. -1:00 .m. 1,465 Check Express Mon. - Fri. (9:00 a.m. - 7:00 p.m.) 3 Sat. (9:00 a.m. - 6:00 .m. 1,276 Richfield Hair Mon., Tues., Wed.; Fri. (9:00 a.m. - 5,00 p.m.) 3 Thurs. (9:00 a.m. - 8:00 p.m.) . Sat. 7:30 an. - 3:00 .m. 1,271 Action Temp Mon. - Fri. 9:00 a.m. - 5:00 .m.) 1 1,210 Richfield 1 hr. Photo Mon. - Fri. (9:00 a.m. - TM p.m.) 3 Sat. 9:30.a.m. - 5:00 .m. 1,120 Little Caesars Sun. -Thurs. (8:30 a.m. -4:30 p.m.) 3 Fri. - Sat. 10:30 a.m. -11:00 .m. 1,081 Burkhardt Mon.,"Tues.', Wed., Thurs. (8:00 a.m. - 5'00 p.m.) 1 Fri. 8:00 a.m -12:00` .m. 993 Berg DDS Mon., Wed., Thurs. (8:00 a.m. - 5:00 p.m.) 2 Tues. (11:00 a.m. - 7:00 p.m.) Fri. 8:00 a.m. -12:00 a.m. 968 Living Challen Mon. - Fri. 9:00a.mA:30 .m. 1 775 Carlson Travel Mon. - Thurs. (8:30 a.m. -7:00 p.m.) 3 Fri. (8:30 a.m. - 5:00 p.m.) Sat. 9:00 a.m. -1:00 .m. 759 Subway Mon. - Fri. (9:00 a.m. -11:00 pm.) 4 Sat. (9:30 a.m-11:00 p.m.) Sun. 41-S a.m. -10:00 a 734 Sector Mon. - Fri. 8:30 a.m. -4:00 .m. 1 Page a of 6 6-1(0 9 • TOTAL SQ. FT. BUSINESS NAME HOURS CATEGORY* 614 ?' FHa?r"fenders ? "' ' ` tvioq. (100 p:m? 6.00 p ' ? '` ' ,?-°` n-- ? = a •? . Thurs (930 a m Ned '?9 3tT Fn. (3 00 :m'8 00 p m:: y' 51tx' Sat 8:30 am. =4:00 mE 604 Jones Mon. - Fri. 8:30 a.m. - 4:30 .m. 1 L It "'i.579 ', 's"35., Mon':=Fri. 9:00`=5'.00 r?i¢ ; TMa s r, i'an N/A Custom Rx Mon. - Fri. 7:30 a.m. - 5:00 .m. 1 CATEGORY 1: (Open, Mon. - Fri., 9:00 a.m. - 5.00 p.m.) CATEGORY 2: (Open, Mon. - Fri., 9.00 a.m. - 5.00 p.m.+) CATEGORY3 (Open, Mon. - Sat) CATEGORY 4: (Open, Mon. - Sun.) BUSINESS HOUR ANALYSIS: Percent of businesses within .... CATEGORY 1: (7) (27%) CATEGORY 2: (2) (71/6) CATEGORY 3: (9) (35%) CATEGORY 4: (8)(31%) TOTAL BUSINESSESS: 26 Page b of b g-rl 0 Attachment C Midwest Management memorandum addressing employee parking • 1,? b-Ig MIOWES ,VANAGEMENT, ANC. 737 P:.14,\iSYLVA\1A AVE. S.:irliE 3Cli • MINNE.4POUS. M1.*,NESo:A aa ME-MORANDUM "=?T'FwcO M,?ir TO- Terari~; of R:CNF:EL: S?-'CPPEs NOR1711 R -*F1E:J PROFESS:CNAL SU:LD:NG FROM: Midwest Management, Inc. Matrhew J. Riese- DAM October 20, !9^8 R=: Employee Parking !n order cc .-nax;rnize t:=rner;arking at :ne Richfield ShaCom ail enncicyees are r-uirec to park :heir vei*.iC;2g it-, thOS3 area .f the parkins [cc, which nave been designates for er-,oioyes parkine cy t.te LjrClard. This is nCt only good duSirE55 prac-ca on `ICU' pa vut t~e _anclcrC has Vie ability to designaca arrploye_ rarKln: under 1?ha :ar*rs of :h2 Lease agreemer.:. Tf:e Ret31 partfon o' the S'soppirg enter is I C()% :eased a !d cuso?r er :2rkins t5 at a premium. A busy rarecng iCt .means TenanC4 are dOinQ more hu5ires; and rnera c.:stcmers rr.ean 2ve?'wona has ircreasad exposure. A busy ptr?cina lot i3 a positive and nct a regacive. A shoppirg cercer :flat does nct have a busy parkirg io: more than likely has recai:ers ::,ac are re; acs.-mplishing ;heir business goals. 'Ile :10w need all Tenar.:s :a adhere :o acr designated parking poilc,+. Nary cc you are 7waFQ Of Vle parking proc_dure and y=r =orEME= In Mis mat:ar.S aC;re_:aced. In the itr.;r!, cur park.nq pCUCY will be rtiuy aeh.rad ::. Continued viclat;:ns could result in t^c cars 0eing :owe: at the employers' sxcerzve. Our Car<ing roiic/ is deli ned to rrcyidc c-stomers with ccnvenier; aC:Bss to :.`:e Center's various zusinesl, whivn : aril sire you agree is an ext; eme!y irm.ortant :art of p-ovic:ng the '-es.:cssible tvsiness c!Imat_. : ,nave a,- hec 'or your review a sire -fen highilgndrig ;~e des,grZt2: empicye_ uricing, ;;lease roc::I-'at Phe deSiCnaced emclcvae p_rk:n; in •+'a fr-nt of th@ Shopping nt ha: C ^ ..e Gar cia^ged. 0FF;CE :612. 393.99991• FAX '611' 53.533 Q?f is !mDamct v ail Prn do read aware -Of w d U Mc^ ric??c c?ic anC ?ar+c:ne ar-•s. We Kist :.ave rerSDrinal an situ over «.e Ilext severai weeks :o m?aKe sure c.4e cabby is being strtc:.,y adhored to. :.` you Mave a,ly gt;esticrs, Oiease bail. Please display this memorandum for your employees to see. * 9 a x * 1] 40 • 0 .r a ,a C C .r w 0 t% z 55th St'e?t Cost A d?i ca a ji 13 sf I i simek's Netts 4 soifwd - -- 6113 sf ? - ;aver Wr!lfoase i r T?6507 X34 st __ It & q 3 vk - _ R 4501 1937 st ESY!':SSp 3 Kol•, ?^? 1 d 5 J J r 2S00 sf Vision ttorlc I 7304 sf 65 f r Richfield Flowers ' 4317 4796 5f F t n G ll T u a ery zs 6319 420Q sf fastgm Wfet: r ow v in Wes' Waat. uty Srappl v ... C7 Taal: Cate pre' 'iti` ar's 1 y fn E@ I .r ? L , ! I twN?H n u? , r? SCw?? 5-St EMPLOYEE PARKING DESIGNATION g-oqD A IS 0 CID G s r tw?r L -? o 7 w s %;6w V 9-a/ 0 Attachment D Parking improvements plan is, 11 • .C .r OV / E 0 r-0 O Z • sheet a of d 65th Street East AddaeA4 -6501 3113 sf I T Simek s Meats & Seafood 21 6113 sf 3 Paper warehouse 2239 sf ?- H & R Block 1937 sf Espresso & More - 2600 sf Vision World 7304 sf S Richfield Flowers _ 4796 sf Futon Gallery 4200 sf 9 1! Eastern Buffet J4: 1 C--2-,, 6519 3000 sf west Coast, auty Supply 6521 27An sf--Tanl n r - i 6523 8t 86525 1465 sf Check Express 775 sf ' 6527 ___-_•__ .Car b Tra e5"S - 6S29 1120 sf Lit w e Caesar's C I , 10 , 500 s f r Adventures In Video O Cl) C N L N--•-N--•'----? -?--C N N ? N? k.. , p ? N d ?O O O : t0 t L?, NN Ip LI A N i U VUM ?5 N d C nN ?.- ® J-Hil f ! ?" W I (? 1?' IQI ! I I I I I??? u 6th Street East TOTAL SITE PLAN i 6 ADD 13 STALLS gas (n C Co. CO ?sn .+ i 'o O -z W V s - DEC 471998 • rl A----? I?v , jo 67tmj 0 2b sheet b of d 41 # 1 & 2 NOT RECOMMENDED ADD 4 STALLS IN FRONT DEC. 4, 1998 g-a? • • -feo? Ao ?o o Zb 1 NOT RECOMMENDED sheet c of d ADD 2 STALLS IN : BACK .. DEC. 4, 1998 19' g,Q5 I0 1 NOT RECOMMENDED 0,0,00 1 (2') ,t 3 • opt P40to if 1) O • U D1?w sheet d of d ADD 7 STALLS IN BACK DEC. 49 1998 3-a(P Attachment E Department of Public Safety Memo 1] n CITY OF RICHFIELD Department Of Public Safety Memorandum Date: Noy embar 23- 1998 To: Jesse Symynkywicz From: Kevin Lehm=- Crime Prevention Officer Subject: Security suggestions for Richfield Shoppes Rieger from tilidwesi Management : oncenur?g Ln the spring of 1998,1 met with sfatt parking securty at R.ichneld Shopnes. At that time, I suggested putting :pain link fence between the sections ofpr'vacy fence along the East Side to restrict access to the parking got. I suggested having Dairy Queen place a picnic table on he north or East Side sc patrons could hsve a clear sigh: line to the rear of the businesses at the Richfield Shoppes. i his would help greatly during the sununer hours, as Dairy Queen is easemely busy with several customers ou*side. Lingg the picnic tables. I suggested putting a gate on the north side of Dairy Queen so that it is far enough away from Dairy Queen that :hey could still have parking. This would eliminme foot as c and car traffic. It would require the north end of the alley be the sole entrance and exit except when deliveries are made in wiich each business would have a key to the gate. I suggested possibly installing A indo-vs on the East Side ofthe businesses so ra-u-al surveillance would be easier. I realize each of these suggestl'om is only a suggestion. and not a requitement or expectation. Financial costs arid convenience =just a couple of the concerns a company may have with these suggestions. make One other alt,-rn».i,L,e I recently thought of is to have any of the stores remodels to the rear (east) door open to the public and encourage East Side parking. This would make the lot safe: as more people would be coming ind going at various rimes. I understand the concerns that the employees have about parking on the East Side as we have noticed vehicles broken into and iteass stolen from inside the vehicle`. If I :an be of any assistance, please give me a cell 3t 851.9875 or FA-Xre at 866-0297 0 B-Dg • Attachment F Parking counts n 0 ? $ aq Typical Parking Counts Available Parkinq Time of Count Parking used 23 Wed. Da : 12.30 .m. 104 (81% filled X 29 :A a tNeed Da '? 2 a .m: x:.98 ' %'` led . 43 Tues. Night 6:00 .m. 84 66% filled fi! 21 r_. Th" - " "Do?2.00 'Urs -rrl . x;106 83l'fill= 21 Thurs. Da 1:00 m. 106 (8 % filled 19 Frid X2:45. .... 108' 85% filled 29 Friday 1:45 .m. 98 7% filled 28 Freda I ht 6:00 .m. 99 % filled 10 Sat. Da 2.00 .m. ] ?-J 92% filled TOTAL PARKING IN STUDYAREA: 127 C7 0 CITY OF RICHFIELD, MINNESOTA 7 Council Letter No. 322 Agenda December 14, 1998 Issue Statement: Renewal of a 1999 pawnbroker and secondhand goods dealer license for Plaza Pawn, 6414 Nicollet Avenue. Background: On November 11, 1998, 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 and Hal Krieger is the Manager. Neither of these individuals has a known criminal record. • Ms. Krieger will no longer have a City firearms dealer's license. 0 • A copy of the Articles of Incorporation has been provided and is on file with the City. • The $1,500 bond has been supplied. There were three Public Safety contacts with Plaza Pawn from November 1997 through October of 1998. This compares with ten contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental Health staff has not received any complaints in 1998. 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 pawnbroker and secondhand goods dealer license for Plaza Pawn for 1999. 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. 16- Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1999, the Council should consider the granting of a 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 Plaza Pawn's pawnbroker and secondhand goods dealer license has been scheduled for December 14, 1998. Their current license expires January 1, 1999; therefore, if the Council decides to continue the hearing beyond December 14, 1998, any subsequent hearing should be held before the license expires. Respectfully submitted, t Jam D. Prosser City Manager 0 JDP:ds L..J PUBLIC SAFETY CONTACTS November 1997 - October 1998 PLAZA PAWN 1997 1998 Total Contacts 10 3 Criminal Contacts 9 2 Incidents (included in Criminal Contacts) (0) (0) Alarm (7) (2) Misc. Non-Criminal 1 1 Assists (0) (1) Traffic (0) (0) Inspections/Licensing (1) (0) Medical/Fire (0) (0) -',6 Pa. The criminal contacts from November 1997 to October 1998 were two burglary alarms. (Numbers in parenthesis are included in total contact figures) PLAZA PAWN Officers 1999 Dorothy Krieger Owner Hal Krieger Manager • CITY OF RICHFIELD MINNESOTA /-7 id Council Letter No. 321 Agenda December 14, 1998 Issue Statement: Issuance of a 1999 pawnbroker and secondhand goods dealer license for Metro Pawn and Gun, Inc., 7529 Lyndale Avenue. Background: On December 1, 1998, 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. He has no known criminal record. A current list of officers is attached. • Mr. Nichols owns Nichols Electronics, 1511 South 4th 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 has been submitted showing Amwest Surety Insurance Company affording the coverage. There were 14 Public Safety contacts with Metro Pawn and Gun, Inc. from November 1997 through October of 1998, compared to 7 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental Health staff has not received any complaints in 1998. 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 pawnbroker and secondhand goods dealer license for Metro Pawn and Gun, Inc., 7529 Lyndale Avenue. 1)Aof 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. Alternative Recommendation: 1. The Council could decide to continue the hearing. However, if the hearing is continued beyond December 14, 1998, the Council should consider the granting of a 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 14, 1998. Their current license expires January 1, 1999; however, if the Council decides to continue the hearing beyond December 14, 1998, any subsequent hearing should be held before the license expires. 0 Respectfully submitted, rr Jam s? Prosser City nager JDP:ds 0 17A-D,- PUBLIC SAFETY CONTACTS November 1997 - October 1998 METRO PAWN & GUN 1997 1998 • Total Contacts 7 14 Criminal Contacts 4 11 Incidents (Included in Criminal Contacts) (0) (4) Alarm (3) (7) Misc. Non-Criminal 3 3 Assists (0) (1) Traffic (1) (0) Inspections/Licensing (0) (2) Medical/Fire (2) (0) The criminal contacts from November 1997 to October 1998 were one death investigation, one weapons violation, one burglary, one theft, and seven burglary alarms. (Numbers in parenthesis are included in total contact figures) 0 0 0 '7A -3 METRO PAWN & GUN Officers 1999 Mark Nichols Owner • CITY OF RICHFIELD, MINNESOTA f L Council Letter No. 320 l0 Agenda December 14, 1998 Issue Statement: Renewal of 1999 on-sale wine and 3.2 percent malt liquor license for Subeck Incorporated, d/b/a Ketsana's Thai Restaurant, 7545 Lyndale Avenue South. Background: On November 6, 1998 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. A current list of officers is attached. • The building and property continue to be owned by JSB Corporation, and the lease between the applicant and the landlord continues to be in effect with all payments current. • All general real estate 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 June 1998 through October 1998 and indicates that food sales accounted for 96% of the total sales, while 3.2 percent malt liquor and on-sale wine sales accounted for 4% of the total sales. • There were two Public Safety contacts with Ketsana's Thai Restaurant from November 1997 through October 1998. This compares to no contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received no complaints in 1998 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. 7380, 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. ?L_ • The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 1998. Recommended Motion: Approve the renewal of the 1999 on-sale wine and 3.2 percent malt liquor license for Subeck Inc., d/b/a Ketsana's Thai Restaurant with the following stipulation: 1. That the requirements are met in Resolution No. 7380. 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, 1999, 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 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. 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. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Subeck Incorporated, d/b/a Ketsana's Thai Restaurant's on-sale wine and 3.2 percent malt liquor licenses has been scheduled for December 14, 1998. Their current licenses expire January 1, 1999. Therefore, if the Council decides to continue the hearing beyond December 14,any subsequent hearing should be held before the licenses expire. Respe ugly submitted, • James Prosser JDP:ds City Ma ager ?PL-a • PUBLIC SAFETY CONTACTS November 1997 - October 1998 KETSANA'S THAI RESTAURANT 1997 1998 TOTAL CONTACTS 0 2 CRIMINAL CONTACTS 0 1 Incidents (see bottom of page for specifics) (0) (0) Alarm (0) (0) MISC. NON-CRIMINAL 0 1 Assists (0) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contact from November 1997 through October 1998 was one burglary. n KETSANA'S THAI RESTAURANT Directors and Officers Ketsana Bechtel Owner and Manager Scott Bechtel Owner 11 CITY OF RICHFIELD, MINNESOTA CPK • Council Letter No. 319 Agenda December 14, 1998 Issue Statement: Renewal of a 1999 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. Background: On November 5, 1998 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. Mr. Kiang has no known criminal record. • All general real estate taxes, state sales and withholding taxes have been paid and are current. • The lease between the applicant and the property owner, Carlson Real Estate Company, continues to be in effect with all payments current. • The required proof of liquor liability insurance and workers compensation coverage has been received showing Farmers Insurance Group as affording the required coverage. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1997 through September 1998 and indicates that food sales accounted for 99% of the total sales, while 3.2 percent malt liquor and on-sale wine sales accounted for 1 % of the total sales. • There were three Public Safety contacts with Red Pepper from November 1997 through October 1998 as compared to two contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received no complaints in 1998. • On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 7380, 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. ?k-j • The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 1998. Recommended Motion: Approve the renewal of the 1999 on-sale wine and 3.2 percent malt liquor licenses for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, with the following stipulation: 1. That the requirements are met in Resolution No. 7380. 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, 1999, 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. 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 Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant's on-sale wine and 3.2 percent malt liquor licenses has been scheduled for December 14, 1998. Their current license expires January 1, 1999. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. ,submitted, Y James D City Man JDP:ds ? K-a • ? 0 PUBLIC SAFETY CONTACTS November 1997 - October 1998 RED PEPPER CHINESE RESTAURANT 1997 1998 TOTAL CONTACTS 2 3 CRIMINAL CONTACTS 1 2 Incidents (see below for specifics) (0) (0) Alarm (1) (2) MISC. NON-CRIMINAL 1 1 Assists (0) (0) Traffic (0) (1) Inspections/Licensing (0) (0) Medical/Fire (1) (0) The criminal contacts from November 1997 to October 1998 were two burglary alarms. (Numbers in parenthesis are included in total contact figures) 0 K-3 KIANG'S RED PEPPER RESTAURANT Officer and Directors Ricky Kiang President, Vice President and Treasurer • 0 (®T • C` i CITY OF RICHFIELD, MINNESOTA Council Letter No. 318 Agenda December 14, 1998 Issue Statement: Renewal of 1999 on-sale wine and 3.2 percent malt liquor licenses for Gin Ng Inc., d/b/a Silver Spoon Restaurant, 6700 Penn Avenue. Background: On December 3, 1998, 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. • An accountant's statement will be submitted as soon as possible. • There were eleven Public Safety contacts with Silver Spoon Restaurant from November 1997 through October 1998 compared to two contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received no complaints in 1998 regarding Silver Spoon Restaurant. • On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 7380, 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. (oJ' l • The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 1998. Recommended Motion: Approve the renewal of the 1999 on-sale wine and 3.2 percent malt liquor licenses for Gin Ng, Inc., d/b/a Silver Spoon Restaurant, with the following stipulations: 1. That the requirements are met in Resolution No. 7380. 2. That they submit the accountant's statement 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 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, 1999, 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. 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 Gin Ng Inc., d/b/a Silver Spoon Restaurant's on-sale wine and 3.2 percent malt liquor licenses has been scheduled for December 14, 1998. Their current licenses expire January 1, 1999. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. ,? ly submitted, Jamess City Man JDP:ds 6j--z • PUBLIC SAFETY CONTACTS November 1997 - October 1998 SILVER SPOON RESTAURANT 1997 1998 TOTAL CONTACTS 2 11 CRIMINAL CONTACTS 2 9 Incidents (see below for specifics) (0) (7) Alarm (0) (0) MISC. NON-CRIMINAL 0 2 Assists (0) (0) Traffic (0) (2) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from November 1997 to October 1998 were: Two vandalism, one stalking, two miscellaneous City ordinance violations, one order for protection, two found property, and one malicious mischief. (Numbers in parenthesis are included in total contact figures) i • 0 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. 317 Agenda December 14, 1998 Issue Statement: Renewal of 1999 on-sale wine and 3.2 percent malt liquor license for the Frenchman's, 1400 East 66th Street. Background: On November 2, 1998 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 accountant's statement has been prepared and submitted. This statement covers the period from November 1997 through September 1998 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 three Public Safety contacts with the Frenchman's from November 1997 through October 1998, as compared to five contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received no complaints in 1998 regarding The Frenchman's. • On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they 1P-1-' • 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 to 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 2, 1998. Recommended Motion: Approve the renewal of the 1999 on-sale wine and 3.2 percent malt liquor licenses for The Frenchman's with the following stipulations: 1. That the requirements are met in Resolution No. 7380. 2. That the 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 an 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, 1999, 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. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the request for the renewal of The Frenchman's on-sale wine and 3.2 percent malt liquor licenses has been scheduled for December 14, 1998. Their current licenses expire January 1, 1999. Therefore, if the Council decides to continue the hearing beyond December 8, any subsequent hearing should be held before the licenses expire. Respectfully submitted, -r James rosser City Manager JDP:ds • 0 6-T-3 PUBLIC SAFETY CONTACTS November 1997 - October 1998 THE FRENCHMAN'S 1997 1998 TOTAL CONTACTS 5 3 CRIMINAL CONTACTS 3 3 Incidents (see below for specifics) (2) (0) Alarm (1) (0) MISC. NON-CRIMINAL 2 0 Assists (1) (0) Traffic (1) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from November 1997 to October 1998 were one suspicious activity, one theft, and one warrant arrest. (Numbers in parenthesis are included in total contact figures) 9 0 ?T-q FRENCHMAN'S Directors and Officers Mary Blake President & General Manager Dean Blake Vice-President 0 0 CITY OF RICHFIELD, MINNESOTA 6/1 is Council Letter No. 316 Agenda December 14, 1998 Issue Statement: Renewal of 1999 on-sale wine and 3.2 percent malt liquor licenses for Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue South. Background: On October 23, 1998, 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 from 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 1997 through September 30, 1998 and indicates that food sales accounted for 92% of the total sales, while liquor sales accounted for 8% of the total sales. • There were five Public Safety contacts with Thompson's Fireside Pizza, Inc. from November 1997 through October 1998. 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 1998. • On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 7380, 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 2, 1998. 04-1 • Recommended Motion: Approve the renewal of the 1999 on-sale wine and 3.2 percent malt liquor license for Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza with the following stipulations: 1. That the requirements are met in Resolution No. 7380. 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, 1999, 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 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 14, 1998. These licenses expire January 1, 1999. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respectfully submitted, Jame . Prosser City Manager JDP:ds ?Op-?P_ • PUBLIC SAFETY CONTACTS November 1997 - October 1998 THOMPSON'S FIRESIDE PIZZA 1997 1998 TOTAL CONTACTS 5 5 CRIMINAL CONTACTS 3 5 Incidents (see below for specifics) (3) (5) Alarm (0) (0) MISC. NON-CRIMINAL 2 0 Assists (0) (0) Traffic (1) (0) Inspections/Licensing (1) (0) Medical/Fire (0) (0) The criminal contacts from November 1997 to October 1998 were: One drunkenness, one noise complaint, one suspicious person, and two suspicious activity. (Numbers in parenthesis are included in total contact figures) E L (oP 3 THOMPSON'S FIRESIDE PIZZA Officer and Directors Richard B. Thompson President Richard O. Thompson Vice-President Michelle Thompson Secretary and Treasurer L "I CITY OF RICHFIELD, MINNESOTA Council Letter No. 315 Agenda December 14, 1998 Issue Statement: Renewal of 1999 club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue. Background: On October 30, 1998, 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: • Billy Stone, Mervyn Becker and William Brey were elected as new post officers in 1998. Richard Anglim now serves as President. A copy of the list of officers is attached to this letter. Robert Gilbertson continues to be 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 insurance coverage will be submitted as soon as possible. Proof of workers' compensation insurance coverage has been submitted. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1997 through September 1998 and indicates that food sales accounted for 30% of the total sales, while liquor sales accounted for 70%. • There were 44 Public Safety contacts with the American Legion from November 1997 through October 1998. This compares with 41 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. 7380, 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 licenses. • The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 1998. Recommended Motion: Approve the renewal of the 1999 club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435 with the following stipulations: 1. That the requirements are met in Resolution No. 7380. 2. That the $10,000 bond is submitted as soon as possible. 3. That the liquor liability insurance coverage 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 licenses, with the exception of the submittal of their $10,000 bond and their liquor liability coverage. 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, 1999, 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. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. V? Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Minneapolis-Richfield American Legion Post 435 club on-sale and Sunday liquor licenses has been scheduled for December 14, 1998. These licenses expire January 1, 1999. Therefore, if Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respectfully submitted, i ?i James osser City Man er JDP:ds 0 (?G-3 U PUBLIC SAFETY CONTACTS November 1997 - October 1998 MPLS. - RICHFIELD AMERICAN LEGION POST 435 1997 1998 • TOTAL CONTACTS 41 44 CRIMINAL CONTACTS 23 33 Incidents (See below for specifics) (11) (29) Alarm (7) (4) MISC. NON-CRIMINAL 18 11 Assists (11) (2) Traffic (3) (3) Inspections/Licensing (0) (0) Medical/Fire (4) (6) The criminal contacts for November 1997 to October 1998 were: three DWI's, one check forgery, three disturbances, four drunkenness, three assaults, three thefts, one theft no pay, seven burglary alarms, two warrant arrests, four suspicious vehicles, one threat, one vehicle theft, and one detox. (Numbers in parenthesis are included in total contact figures) 0 (, C, - 4 AMERICAN LEGION Directors and Officers 1999 Richard Anglim President Billy Stone Vice-President William Brey Secretary Mervyn Becker Treasurer Robert Gilbertson Club Manger 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 314 Agenda December 14, 1998 Issue Statement: Renewal of 1999 club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, 6401 Lyndale Avenue. Background: On October 26, 1998, 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 not changed from last year. 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. i9l • The property is owned by Woodlake Plaza Partnership, c/o Michael Development. • 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 been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1997 through September 1998 and indicates that food sales accounted for 51 % of the total sales, while liquor sales accounted for 49% of the total sales. • There were 17 Public Safety contacts with Fred Babcock V.F.W. Post No. 5555 from November 1997 through October 1998. This compares with 15 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 1998. • Club on-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 7380, 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. &F,1 • The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 1998. Recommended Motion: Approve the renewal of the 1999 club on-sale and Sunday liquor license for Fred Babcock V.F.W. Post No. 5555 with the following stipulation: 1. That the requirements are met in Resolution No. 7380. 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, 1999, 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. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. Jame Prosser 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 14, 1998. These licenses expire January 1, 1999. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respe Ily submitted, e Jame ? ' . Prosser City M Hager JDP:ds 0 PUBLIC SAFETY CONTACTS November 1997 - October 1998 FRED BABCOCK V.F.W. POST 5555 1997 1998 ? 40 TOTAL CONTACTS 15 17 CRIMINAL CONTACTS 7 8 Incidents (see bottom of page for specifics) (0) (6) Alarm (1) (2) MISC. NON-CRIMINAL 8 9 Assists (4) (2) Traffic (0) (0) Inspections/Licensing (1) (1) Medical/Fire (3) (6) The criminal contacts from November 1997 to October 1998 were: One suspicious person, one DWI, one open door/window, one assault, two burglary alarms, one drunkenness, and one missing adult. (Numbers in parenthesis are included in total contact figures) • 0 V-3 V.F.W. 1998 Post Officers Arlan A. King Commander Thomas G. Martin Sr. Vice Commander Leonard W. Bailey Jr. Vice Commander Harry J. LaVan Quartermaster Kenneth R. Westman Club Manager • APE CITY OF RICHFIELD, MINNESOTA Council Letter No. 313 Agenda December 14, 1998 Issue Statement: Renewal of 1999 on-sale and Sunday liquor licenses for The Ground Round of Minn., Inc., d/b/a The Ground Round, 1500 East 78th Street. Background: On November 24, 1998, staff received the renewal applications for the on-sale 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 Minn., 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 has changed from last year. Mark Lawless is now serving as President and Treasurer, Russell Savrann serves as Vice-President and Secretary, and Salvatore Lamarca is now serving 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. • 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 October 1997 through September 1998 and indicates that food sales accounted for 67% of the total sales, while liquor sales accounted for 33% of the total sales. • There were 36 Public Safety contacts with the Ground Round from October 1997 through October 1998. This compares with 49 contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received two complaints in 1998 regarding The Ground Round. One complaint involved sanitation in the bathroom. The other complaint be- I • was a food related problem. In both cases, the Bloomington Health Department 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. 7380, 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 an on-sale and Sunday liquor license. • The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 1998. Recommended Motion: Approve the renewal of the 1999 on-sale and Sunday liquor licenses for The Ground Round of Minn., Inc., with the following stipulations: 1. That the requirements are met in Resolution No. 7380. • 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 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, 1999, 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. • It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. • Discussion/Decision Mode: The public hearing to consider the request for the renewal of The Ground Round of Minn., Inc., on-sale and Sunday liquor licenses has been scheduled for December 14, 1998. These licenses expire January 1, 1999. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respectfully submitted, Jame . Prosser City Manager JDP:ds • &E-3 PUBLIC SAFETY CONTACTS November 1997 - October 1998 GROUND ROUND OF MINN., INC. 1997 1998 TOTAL CONTACTS 49 36 CRIMINAL CONTACTS 28 20 Incidents (see below for specifics) (7) (16) Alarm (5) (2) MISC. NON-CRIMINAL 21 16 Assists (13) (4) Traffic (5) (5) Inspections/Licensing (1) (5) Medical/Fire (2) (2) The criminal contacts from November 1997 to October 1998 were: Three theft, one suspicious person, one harassment, one warrant arrest, two assist other agencies, two 911 hang-ups, two vandalism, one domestic, one assault in progress, one miscellaneous City ordinance violation, one disturbance, one malicious mischief, one check forgery and two burglary alarms. (Numbers in parenthesis are included in total contact figures) 0 • ? c---q THE GROUND ROUND Officers and Directors 0 Mark Lawless Russell Savrann Salvatore Lamarca President & Treasurer Vice-President & Secretary General Manager 0 CITY F RICHFIELD MINNESOTA Council Letter No. 312 Agenda December 14, 1998 Issue Statement: Renewal of 1999 on-sale and Sunday liquor licenses for Paisan Incorporated d/b/a Khan's Mongolian Barbeque, 500 East 78th Street. Background: On October 23, 1998, 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 will be issued as soon as possible. • 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 November 1997 through October 1998 and indicates that food sales accounted for 92% of the total sales, while liquor sales accounted for 8% of the total sales. • There were 12 Public Safety contacts with Khan's from November 1997 through October 1998. This compares with seven contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received no complaints in 1998. • On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any 60--1 on-going 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. • The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 1998. Recommended Motion: Approve the renewal of the 1999 on-sale and Sunday liquor license for Paisan Incorporated, d/b/a Khan's Mongolian Barbeque with the following stipulations: 1. That the requirements are met in Resolution No. 7380. 2. That $10,000 bond 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 on-sale and Sunday liquor licensing with the exception of the submittal of the $10,000 bond 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, 1999, 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. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. 0 Discussion/Decision Mode: (OBr a i The public hearing to consider the requests for the renewal of Paisan Incorporated, d/b/a Khan's Mongolian Barbeque on-sale and Sunday liquor licenses has been scheduled for December 14, 1998. These licenses will expire January 1, 1999. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respectfu y submitted, Jame . Prosser City Manager JDP:ds C 60-3 PUBLIC SAFETY CONTACTS November 1997 - October 1998 KHAN'S MONGOLIAN BARBEQUE 1997 1998 • TOTAL CONTACTS 7 12 CRIMINAL CONTACTS 7 10 Incidents (see below for specifics) (0) (4) Alarm (3) (6) MISC. NON-CRIMINAL 0 2 Assists (0) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts from November 1997 to October 1998 were three theft, one drunkenness, and six burglary alarms. (Numbers in parenthesis are included in total contact figures) • 60- q KHAN'S MONGOLIAN BARBEQUE Officer and Directors Mitchell Law President Sherri (Paisan) Law Vice President • 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. iii Agenda December 14, 1998 Issue Statement: Renewal of 1999 on-sale and Sunday liquor licenses for Americana Dining Corporation d/b/a Champps Sports Cafe, 790 West 66th Street. Background: On October 31, 1998, the City received the renewal applications and other required documents for the on-sale 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 Continental Casualty 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 1997 through September of 1998 and indicates that food sales accounted for 65% of the total sales, while liquor sales accounted for 35% of the total sales. • There were 44 Public Safety contacts with Champps from November 1997 through October 1998. This compares with 84 contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received two complaints in 1998 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 a food related problem. The &&I Bloomington Health Department 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. 7380, 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 an on-sale and Sunday liquor license. The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 1998. Recommended Motion: Approve the renewal of the 1999 on-sale and Sunday liquor licenses for Champps Sports Cafe with the following stipulation: 1. That the requirements are met in Resolution No. 7380. 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, 1999, 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. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of American Dining Corporation d/b/a Champps Sports Cafe's on-sale and Sunday liquor licenses has been scheduled for December 14, 1998. These licenses expire January 1, 1999. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respectf Ily submitted, James . Prosser City Manager JDP:ds • L? • PUBLIC SAFETY CONTACTS November 1997 - October 1998 CHAMPPS SPORTS CAFE 1997 1998 TOTAL CONTACTS 84 44 CRIMINAL CONTACTS 39 35 Incidents (see below for specifics) (11) (20) Alarm (0) (4) MISC. NON-CRIMINAL 45 9 Assists (18) (2) Traffic (8) (2) Inspections/Licensing (14) (5) Medical/Fire (5) (0) 6C-3 The criminal contacts from November 1997 to October 1998 were: one suspicious vehicle, one disorderly conduct, four thefts, four disturbances, two drunkenness, one forgery, one received stolen property, four burglary alarms, three suspicious persons, ten noise complaints, one DWI, one suspicious activity, and two follow-up investigations. (Numbers in parenthesis are included in total contact figures) • 0 ?a-4 Kevin Charles Moylan Donald C. Moore Donna L. Depoian Jeffrey Michael Kippels 0 AMERICAN DINING CORP. Officers and Directors President & CEO Director & Executive VP, CFO, Treasurer & Assistant Secretary Vice President, Secretary & General Counsel Restaurant Manager ?J W/2 CITY OF RICHFIELD, MINNESOTA Council Letter No. 310 Agenda December 14, 1998 Issue Statement: Renewal of a 1999 on-sale and Sunday liquor license for DF&R Operating Company, Inc., d/b/a Don Pablo's, 980 West 78th Street. Background: On November 30, 1998, the City received the renewal application and all other required documents for the on-sale and Sunday liquor license 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 structure of the organization has changed. Robert Anthony Andreottola serves as President, Louis Profumo is serving as Vice-President and Secretary, Richard Michael Andrews serves as treasurer and Caesar Costello 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 Travelers Indemnity Company 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 1997 through September 1998 and indicates that food sales accounted for 74% of the total sales, while liquor sales accounted for 26% of the total sales • There were 27 Public Safety contacts with Don Pablo's from November 1997 through October 1998. This compares with 38 contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental Health staff received two complaints in 1998 regarding Don Pablo's. One complaint involved garbage pickup in the early morning hours. The garbage lab-1 hauling company and Don Pablo's were notified and no further complaints have been received. The other complaint was a food-related problem. The Bloomington Health Department was notified and no further complaints have been received. • On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. • There are no distance requirements in which to notify neighbors of the issuance or renewal of an on-sale and Sunday liquor license. • The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 1998. Recommended Motion: Approve the renewal of the 1999 on-sale and Sunday liquor license for Don Pablo's with the following stipulation: 1. That the requirements are met in Resolution No. 7380. 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, 1999, 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. 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 requests for the renewal of Don Pablo's on-sale and Sunday liquor license has been scheduled for December 14, 1998. These licenses expire January 1, 1999. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respectfully submitted, Ja s D. Prosser City Manager JDP:ds 0 PUBLIC SAFETY CONTACTS November 1997 - October 1998 DF&R OPERATING COMPANY, INC. DBA DON PA BLO'S 1997 1998 TOTAL CONTACTS 38 27 CRIMINAL CONTACTS 28 20 Incidents (see below for specifics) (3) (8) Alarm (13) (12) MISC. NON-CRIMINAL 10 7 Assists (4) (0) Traffic (1) (2) Inspections/Licensing (0) (0) Medical/Fire (5) (5) &6-,3 The criminal contacts from November 1997 to October 1998 were: Two suspicious vehicles, three thefts, one assault in progress, twelve burglary alarms, one warrant arrest, and one check forgery. (Numbers in parenthesis are included in total contact figures) is 0 DON PABLO S Officers and Directors Robert Anthony Andreottola President Louis J. Profumo Vice President of Operations Louis J. Profumo Secretary Richard Michael Andrews Jr. Treasurer Cesar Castillo Manager • • (-,Plq • CITY OF RICHFIELD; MINNESOTA Council Letter No. 309 Agenda December 14, 1998 Issue Statement: Renewal of 1999 on-sale, Sunday liquor and tavern licenses for Chi-Chi's, Inc., d/b/a Chi-Chi's Mexican Restaurante, 7717 Nicollet Avenue. Background: On October 15, 1998, the City received the renewal applications and other required documents for the on-sale, 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 was also supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from September 1997 through September 1998 and indicates that food sales accounted for 58% of the total sales, while liquor sales accounted for 42% of the total sales. • There were 151 Public Safety contacts with Chi Chi's from November 1997 through October 1998. This includes approximately 71 police "walk-throughs." This compares with 97 contacts for the previous year. A breakdown of these contacts is attached to this letter. Public Safety has monitored statistics quarterly in 1998 and it appears that Chi Chi's efforts in reducing criminal contact calls have been successful. • Environmental Health staff received no complaints from November 1997 through October 1998. &)9-/ . The tavern license would continue to allow dancing on the premises. • On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 7380, 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 and a copy is also attached to this letter. • There are no distance requirements in which to notify neighbors of the issuance or renewal of an on-sale, Sunday liquor license or tavern license. • The Notice of Public Hearing was published in the Richfield Sun Current on December 2, 1998. Recommended Motion: Approve the renewal of the 1999 on-sale, Sunday liquor and tavern licenses for Chi- Chi's Mexican Restaurante with the following stipulations: That the requirements are met in Resolution No. 7380. Basis of Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale, 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, 1999, 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. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: (I The public hearing to consider the requests for the renewal of Chi Chi's Mexican Restaurante on-sale, Sunday liquor, and tavern licenses has been scheduled for December 14, 1998. These licenses expire January 1, 1999. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respectfully submitted, Jame Prosser City Mager JDP:ds 0 n ?J 6fi-3 PUBLIC SAFETY CONTACTS January 1998 - October 1998 CHI-CHI'S MEXICAN RESTAURANTE 1997 1998 r1 TOTAL CONTACTS 97 151 CRIMINAL CONTACTS 69 59 Incidents (see below for specifics) (23) (28) Alarm (2) (0) MISC. NON-CRIMINAL 28 92 Assists (18) (1) Traffic (6) (8) Inspections/Licensing (1) (71) Medical/Fire (3) (4) The criminal contacts from January 1, 1998 to September 30, 1998 were: Five domestics, four drunkenness, seven suspicious vehicles, seven assaults, one homicide, two warrants, one robbery, nine thefts, one disorderly conduct, one welfare check, ten disturbances, two suspicious persons, one harassment, two vandalism, one suspicious activity, two assist other agencies, one follow-up investigation, one weapons violation, and one suicide attempt. (Numbers in parenthesis are included in total contact figures) 0 • 0 ,/ q-q CHI CHI'S MEXICAN RESTAURANTE Partners/Officer and Titles Roger Chamness President Robert Trebing Vice President Todd Doyle Robert Gonda Philipos Getachew Secretary Treasurer General Manager 40 (OA -5- CITY OF RICHFIELD RESOLUTION NO. 7380 RESOLUTION SPECIFYING CERTAIN IMPROPER CONDUCT OF ON-SALE INTOXICATING LIQUOR LICENSEES AND STATING RECOMMENDED DISCIPLINE THEREFORE 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 On-Sale sale of intoxicating liquor within the City. The conduct of the licensed activity is governed by the provisions of Section 1200 of 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 licenses 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 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 who are either coming to or leaving the establishment. The City is unwilling to permit the continued operation of a licensed liquor 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 &14- following discipline may be imposed upon On-Sale intoxicating liquor licenses for verified reports of criminal misconduct occurring on or near the licensed premises and attributable to patrons of the establishment (including persons entering or leaving): a) 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. b) 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. c) 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 outline 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 or 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 service 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 license: a) 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. b) For the second such incident in any license year - suspension of license for up to 10 days and a civil fine of $2,000. c) For the third such incident in any license year - suspension of license for up to 15 days and a civil fine of $2,000. E 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 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 beverage licenses: a) The first incident during the license year - up to a 10 day suspension and $2,000 civil fine. b) The second incident during the license year - up to a 30 day suspension and $2,000 civil fine. c) The third incident during the license year - up to a 60 day suspension and $2,000 civil fine. d) 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 environmental 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 licenses for incident of overcrowding verified by the City's public safety director: a) The first incident during the license year - up to a 10 day license suspension and $2,000 civil fine. b) The second incident during the license year - up to a 30 day suspension and $2,000 civil fine. c) The third incident during the license year - up to a 60 day suspension and $2,000 civil fine. d) 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 ( A-9 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 may be suspended for up to a period of days equal in number to the period of days that such incident continued. E. Effect of Suspension or Revocation of Food License. On-Sale intoxicating 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 during such period shall constitute an unlicensed sale. The City Council retains the right to modify the provisions of this resolution from time and to impose penalties in excess of those contained herein when, in the judgment of the council it is appropriate to do so. Passed by the City Council of the City of Richfield this 14th day of December 1998. .7 Martin J. Kirsch, Mayor ATTEST: Thomas Ferber, City Clerk 0 5.r CITY OF RICHFIELD, MINNESOTA Council Letter No. 308 Agenda December 14, 1998 Issue Statement: Award of contract for 400 tons of soda ash for water treatment. Background: The chemical soda ash is used in the water treatment process to lower water hardness and to produce soft water. Soda ash removes the non-carbonate hardness from the water as well as assisting the lime in softening the water. Approximately 200 tons of soda ash are required each year for treatment. Bids were opened in a formal bidding process on November 23, 1998 for the purchase of 400 tons of soda ash for a two-year period. The results of the bids are as follows: Vendor Unit Price Base Bid Feed-Rite Controls, Inc. $191 /ton $76,400 Van Waters & Rogers, Inc. $190/ton $76,000 (adjusted = $76,600)* * The specifications asked for a firm price for a two-year contract. Van Waters & Rogers, Inc. added a proviso for a price increase of up to $3/ton for year two. That translates to an estimated total cost of $76,600 for a two-year contract with Van Waters & Rogers, Inc. Recommended Motion: Accept the bid minutes/tabulation, reject the bid of Van Waters & Rogers, Inc. and award a two-year contract to Feed-Rite Controls, Inc., a division of Hawkins Chemical Inc., for the purchase of approximately 400 tons of soda ash at a price of $191 per ton. Basis of Recommendation: 1. Soda ash is a necessary chemical required to soften water. 2. Feed-Rite Controls, Inc. submitted a firm price for the two-year period as the bid documents specified and meets all requirements. Van Waters & Rogers, Inc. submitted a firm price for only the first year. 3. There are sufficient funds available for the chemical purchase. Alternative Recommendation: 1. Council may accept the bid of Van Waters & Rogers, Inc. although, because of the price increase for year two of the contract, the total purchase price would exceed that of the other bidder, if the $3/ton option is exercised. 2. Council may reject all bids and direct staff to readvertise; however, staff does not believe a better price can be obtained. It should also be noted the current contract 5-1-1 will expire at the end of calendar year 1998 and it would be some time after the expiration of the current contract before new bids could be obtained. Discussion/Decision Mode: Council may choose to delay a decision on this item. However, the current contract will expire December 31, 1998 and the bids opened November 23, 1998 will hold for only a 60 day period. Respectfully submitted, James . Prosser City Manager JDP:ds Attachment ?-I 0 r1 CITY OF RICHFIELD, MINNESOTA Bid Opening November 23, 1998 11:30 a.m. Water Treatment Chemicals 400 Tons Soda Ash City Bid No. 98-18 5-T-;-, Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Stroth, Acting City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for water treatment chemicals - 400 tons of soda ash, city bid no. 98-18, as advertised in the official newspaper on October 28, 1998. Present: Nancy Stroth, Acting City Clerk John Thom, Public Works Director Representative Cheryl Krumholz, City Manager Representative • The following bids were submitted and read aloud: Bidder's Name/City Bid Security Total Bid Amount Hawkins Chemical Inc. 5% Bid Bond $ 76,400.00 Minneapolis Van Waters & Rogers, Inc. 5% Bid Bond $ 76,000.00 St. Paul The Acting City Clerk announced that the bids would be tabulated and considered at the December 14, 1998 City Council Meeting. Nancy J. Stroth Acting City Clerk 0 ..J r CITY OF RICHFIELD Council Letter No. 307 Agenda December 14, 1998 Issue Statement: Award of contract for 2,800 tons of quick lime for water treatment. Background: The chemical quick lime is used in the water treatment process to lower water hardness and to produce soft water. Approximately 1,400 tons of quick lime are required each year for treatment. Bids were opened in a formal bidding process on November 23, 1998 for the purchase of 2,800 tons of quick lime. The department requested bids for a two year period. The results of the bids are as follows: Vendor Unit Price Estimated Annual Cost Cutler-Magner Company $62.43/ton $174,804 Western Lime & Cement Company $63.69/ton $178,332 The 1997and 1998 contract was awarded to Western Lime & Cement Company at a unit price of $63.70 per ton, approximately $89,180.00 per year. This year, Cutler- Magner Company submitted a bid for $62.43 per ton, $87,402.00 yearly for a two year contract of approximately $174,804.00. Recommended Motion: Accept the bid minutes/tabulation and award a two year contract for the purchase of approximately 2,800 tons of quick lime to Cutler-Magner Company in the amount of $62.43 per ton. Basis of Recommendation: 1. Quick lime is a necessary chemical required to reduce water hardness. 2. Cutler-Magner Company was the lowest bidder and meets all requirements. 3. There are funds available for the chemical purchase. Alternative Recommendation: Council may reject all bids and direct staff to readvertise; however, staff does not believe a better price can be obtained. Discussion/Decision Mode: Council may choose to delay a decision on this item; however, City staff is requesting approval to prevent interruption of delivery. Respectfully submitted, Jame . Prosser City Manager JDP:ds Attachment CITY OF RICHFIELD, MINNESOTA im-l 0 Bid Opening November 23, 1998 11:00 a. m. Water Treatment Chemicals 2,800 Tons of Quick Lime City Bid No. 98-19 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Stroth, Acting City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for water treatment chemicals - 2,800 tons of quick lime, city bid no. 98-19, as advertised in the official newspaper on October 28, 1998. Present: Nancy Stroth, Acting City Clerk John Thom, Public Works Director Representative Cheryl Krumholz, City Manager Representative • The following bids were submitted and read aloud: Bidder's Name/City Bid Security Total Bid Amount Western Lime Corporation 5% Bid Bond $ 178,332.00 West Bend, WI Cutler-Magner 5% Bid Bond $ 174,804.00 Duluth, MN The Acting City Clerk announced that the bids would be tabulated and considered at the December 14, 1998 City Council Meeting. Nancy J. Stroth Acting City Clerk 0 5 CITY OF RICHFIELD, MINNESOTA Council Letter No. 306 Agenda December 14, 1998 Issue Statement: Authorization to execute the Cooperative Agreement between the Minnehaha Creek Watershed District (MCWD) and the City of Richfield regarding permitting authority. Background: The MCWD Board of Managers approved this Agreement at its meeting of December 23, 1997. The City Attorney has reviewed the Agreement. The Agreement outlines responsibilities of the City and responsibilities of the MCWD. Basically, the Cooperative Agreement places responsibility with the City for regulation of wetlands under the Wetland Conservation Act and for stormwater management which includes addressing water quality, water quantity, grading and erosion within the City. The City of Richfield has completed the revision of applicable ordinances as required in the Agreement. A copy of the proposed Cooperative Agreement is attached for Council review. Recommended Motion: Authorize the Mayor and City Manager to execute, on behalf of the City of Richfield, the Cooperative Agreement between the Minnehaha Creek Watershed District and the City of Richfield regarding permitting authority. Basis of Recommendation: 1. The City of Richfield has developed a local water management plan with revisions to applicable ordinances. 2. The City's local water management plan was approved by the MCWD pending execution of this Cooperative Agreement. 3. The Cooperative Agreement will clearly establish the role of the City and the role of the MCWD in regulating certain activities on land and in water within the MCWD and the City. Alternative Recommendation: 1. Do not authorize execution of the Agreement. This would mean the MCWD would be the responsible party for water management activities and regulations for MCWD areas in the City of Richfield. 2. Return the Agreement for the City Attorney for modifications. Any modifications would need to be returned to, reviewed by and approved by the MCWD before the Cooperative Agreement would be in effect. Discussion/Decision Mode: This item is scheduled for consideration by the City Council at the December 14, 1998 City Council meeting. Respectfully submitted, Jam D. Prosser City Manager JDP:ds COOPERATIVE AGREEMENT • This Cooperative Agreement is made this day of January, 1998 by and between the Minnehaha Creek Watershed District, hereinafter referred to as "MCWD," a watershed district created pursuant to Minnesota Statutes Chapter 103D, and the City of Richfield, hereinafter referred to as "City," a body corporate and politic and a charter city in the State of Minnesota. Recitals and Statement of Purpose WHEREAS, in 1993, the MCWD developed a comprehensive watershed management plan under Minnesota Statutes § 10313.231, which details the existing physical environment, land use and development in the watershed and establishes a plan for actively regulating land use and water resources to improve water quality and prevent flooding; WHEREAS, the MCWD's comprehensive watershed management plan contains the rules adopted by the MCWD to provide for the protection of water resources and control of flooding; WHEREAS, the City developed a local water management plan under Minnesota Statutes § 103B.235, which describes the existing and proposed physical environment and land use within the City and sets forth an implementation plan for bringing local water management into conformance with the MCWD's comprehensive watershed management plan; WHEREAS, the City's local water management plan was approved by the MCWD pending execution of this Cooperative Agreement and conditioned upon adoption by the City of the attached amendments to the City Code and revision by the City of the City's local water management plan within two years of the MCWD's adoption of its revised watershed management plan; WHEREAS, on June 12, 1997, subsequent to the approval of the City's local water management plan, the MCWD adopted a revised watershed management plan; WHEREAS, the City will adopt ordinances implementing its local water management plan within 180 days of execution of this Cooperative Agreement and these ordinances will conform with the criteria and standards set forth in the Rules of the MCWD; WHEREAS, the MCWD and City desire to clearly establish the role of the parties in regulating certain activities on land and in water within the MCWD and the City; NOW, THEREFORE, IT IS MUTALLY AGREED by and between the parties that they enter into this Cooperative Agreement in order to document the understanding of the parties as to the regulatory responsibilities of each party. 0 5G-ca- Responsibilities of the Parties 0 1.0 Responsibilities of the City 1.1 The City will be solely responsible for the regulation of wetlands under the Wetland Conservation Act in accordance with the City's approved local water management plan and City ordinance(s) adopting the permanent rules of the Wetland Conservation Act. 1.2. Upon adoption and the taking effect of the attached amendments to the City Code of the City, the City will be solely responsible for stormwater management which includes addressing water quality, water quantity, grading and erosion within the City. The City will regulate these activities in accordance with the City's approved local water management plan and the stormwater and erosion and sedimentation control ordinances adopted by the City. 1.3 Upon adoption and the taking effect of the attached amendments to the City Code of the City, the City will be solely responsible for regulating the use and development of land within the floodplain. The City will regulate such use and development in accordance with the City's approved local water management plan and the floodplain ordinance(s) adopted by the city. 1.4 The City will not issue a variance for activities, which are not in compliance with the City's approved local water management plan or the above-referenced ordinances, prior to approval of the variance and variance conditions by the MCWD. Upon receipt of a request for a variance, the City will notify the MCWD of the variance request and transmit the variance request and all supporting documentation to the MCWD. The MCWD will act on the variance request within 30 days of receipt of the variance request and supporting documentation. 1.5 Within two years of the MCWD's adoption of its revised watershed management plan on June 12, 1997, the City will revise its local water management plan to be consistent with the MCWD's revised plan. 2.0 Responsibilities of the MCWD 2.1 The MCWD will continue to apply and enforce MCWD Rule B "Stormwater Management & Erosion Control Plans for Individual Projects" within the City until the City adopts the attached amendments to the City Code of the City. 2.2 The MCWD will continue to apply and enforce MCWD Rule C "Floodplain Alteration" within the City until the City adopts the attached amendments to the City Code of the City. 2.3 The MCWD will not continue to apply and enforce MCWD Rule E "Dredging" within the City, in consideration of the fact that there are no lakes within the City, and that any dredging activity within public waters wetlands within the City will be regulated by the Minnesota Department of Natural Resources. 2 56? 3 2.4 The MCWD will continue to apply and enforce MCWD Rule G "Stream and Lake Crossings" within the City, but the parties agree that there are no streams or lakes within the City currently subject to this rule. 2.5 The MCWD will continue to apply MCWD Rule A "Procedural Requirements" 0 when appropriate within the City. 2.6 The MCWD will continue to use Rule H "Enforcement" when appropriate within the City. 2.7 The MCWD will continue to apply Rule I "Variances" when approving a variance from the City's approved local water management plan or the City ordinances listed in section 1 of this Cooperative Agreement and MCWD Rules. 2.8 The MCWD will continue to apply MCWD Rule J " Fees Charged in Certain Cases" when appropriate within the City. 2.9 The MCWD retains the right to enforce any and/or all of its rules in the event that the City is unable or unwilling to carry out its obligations listed in section 1 of this Cooperative Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement as of the day and year above written. CITY OF RICHFIELD By _ Mayor By City Manager APPROVED AS TO FORM AND AND EXECUTION By Its Attorney MINNEHAHA CREEK WATERSHED DISTRICT By C5,7 1*7V 44-1 Preside oard of Managers APPROVED AS TO FORM AND AND EXECUTION By ??? ?• Its Attorney 0 BILL NO. 1998-2 AN ORDINANCE AMENDING SECTIONS 835.039 SUBDIVISION 2; 835.05; AND 720.19 OF THE CITY CODE OF THE CITY OF RICHFIELD; AND AMENDING SECTIONS 526.43 AND 541.19 OF THE ZONING CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 835, Bodies of Water, Subsection 835.03 entitled Definitions, Subd. 2 of the ordinance code of the City of Richfield City Code is hereby amended to read as follows: Subd. 2. "Bodies of water" means Richfield Lake, Wood Lake, Legion Lake, Mother's Lake, and all other lakes, streams, ponds, wetlands, marshes, water courses, and bodies of water situated in whole or in part within the city, and any lands immediately adjacent to or abutting the bodies of water, including the 100-year flood plain of the bodies of water. Section 835, Bodies of Water, Subsection 835.05 entitled General Rule, Subd. 2 of the ordinance code of the City of Richfield City Code is hereby amended to read as follows: Subd. 2. Exceptions. This section does not apply to the following: (a) the placing of any obstruction as part of a planned development which has been authorized in accordance with this code, provided such obstruction is not inconsistent with the city's comprehensive surface water management plan or has received a variance from appropriate water management organization as necessary; (b) an obstruction made in accordance with a permit issued by the department of natural resources of the state of Minnesota for the dredging, excavation, or lake level or shore line change of a body of water provided such obstruction is not inconsistent with the citV's comprehensive surface water manaqement plan or has received a variance from the appropriate water management organization as necessary; or (,c) an obstruction in which the 100-year flood plain storage volume lost is compensated for within the same 100-year flood plain by expanding the existing 100-year flood plain volume in another location: or (s} (d) an obstruction placed pursuant to a variance granted in the case of unique hardship to property by the Council acting as the board of adjustments and appeals pursuant to the zoning code provided such obstruction is not inconsistent with the city's comprehensive surface water management Dian or has received a variance from the appropriate water management organization as necessary. Section 720,* Storm Sewer System, Subsection 720.19 entitled Drainage and erosion control, Subdivision 1 of the ordinance code of the City of Richfield is hereby amended to read as follows: Bill No. 1998-2 -2- 5 & `_-5 Subdivision 1. Drainage plan. In the development, improvement or alteration of land, the direction, quantity or quality of drainage shall not be changed unless plans for the development are submitted to the city engineer, and are found to be in compliance with the city's comprehensive surface water management plan or have received a variance from the appropriate water management organization as necessary. Run-off shall be properly channeled into a storm drain, watercourse, ponding area or other public facility. Section 526, Zoning: Commercial Districts, Subsection 526.43 entitled Site Plan Approval, Subd. 2 of the Richfield Zoning Code is hereby amended to read as follows: Subd. 2. Approval required. It shall be unlawful to do any of the following within the C-3 District without first obtaining site plan approval: a) construct a building; b) move a building to any lot; c) expand or change the use of a building or lot or modify a building, accessory structure, or site or land feature in any manner which results in a different intensity of use, including the requirement for additional parking; d) grade or take other actions to prepare a lot for development, except in conformance with a permit or an approved plan which complies with the city's comprehensive surface water management plan or has received a variance from the appropriate water management organization as necessary; or e) remove earth, soils, gravel, or other natural material from or place the same on a lot, except in conformance with a permit or an approved plan which complies with the city's comprehensive surface water management plan or has received a variance from the appropriate water management organization as necessary. Section 541, Zoning: Performance Standards, Subsection 541.19 entitled Stormwater Management of the Richfield Zoning Code is hereby amended to read as follows: 541.19. Storm water management. All new and modified developments shall comply, with the City's comprehensive surface water stermwatef management plan as administered through the office of the Director of Public Works or receive a variance from the appropriate water management organization as necessary. Passed by the City Council of the City of Richfield, Minnesota this 26th day of n January, 1998. 2?; 2. , ?, ),z,2 A , , ? ?( Martin J. Kirsc , Mayor ATTEST: • Ae_ P. 42 Thomas P. Ferber, City Clerk 5 r CITY OF RICHFIELD, MINNESOTA i Council Letter No. 305 Agenda December 14, 1998 Issue Statement: Request by Church of the Assumption for an on-sale 3.2 percent malt liquor license, an itinerant place of amusement license, and an itinerant food license for the Sno-Ball family event to be held Saturday evening, January 30, 1999. Background: On November 18, 1998 Church of the Assumption submitted a request for a temporary license to serve 3.2 percent malt liquor, an itinerant place of amusement license and an itinerant food license for January 30, 1999. They are requesting that any fees be waived. Recommended Motion: Approve the licenses, fees waived, for Saturday, January 30, 1999 for Assumption's Sno-Ball family event. Basis of Recommendation: 1. The applicant has complied with the City codes pertaining to these licenses. 2. The applicant will supply liquor liability insurance coverage as soon as possible. 3. The City has previously issued similar licenses to the Church of the Assumption. Alternative Recommendation: 1. The Council could decide to deny the request; however, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted similar licenses to the Church of the Assumption. Discussion/Decision Mode: Council approval of the request by Church of the Assumption for an on-sale 3.2 percent malt liquor license, an itinerant place of amusement license and an itinerant food license, with fees waived, for a Sno-Ball family event to be held Saturday evening, January 30, 1999 is requested at this time. Respectfully submitted, James D rosser City Manager 0 JDP:cak CITY OF RICHFIELD, MINNESOTA Council Letter No. 304 Agenda December 14, 1998 Issue Statement: Approval of the continuation of the agreement with the City of Bloomington for the provision of inspectional services for Richfield for the years 1999 and 2000. Background: The City of Bloomington has provided inspectional and enforcement services in the areas of plumbing, heating and air conditioning, food service, forestry and plan check for food services for several years. The Public Works Department no longer requires contractual forestry services since someone on Richfield's staff is able to provide that service. The proposed contract for 1999 is $102,000 compared to the 1998 contract amount of $111,800. With the deletion of the need for forestry services, the contract proposed for 1999 is significantly less than the 1998 contract. There is also a slight reduction in the 1999 contract for the amount of money designated for food service plan checking. There is approximately a 3% increase in the areas of plumbing inspection and code enforcement, HVAC inspection and code enforcement, and food service inspections and code enforcement which includes lodging and public swimming pool inspections. These increases are in direct relation to increased staffing costs. It is also being proposed that Richfield enter into a two year contract with the City of Bloomington, therefore eliminating the need to renew the agreement on an annual basis. The proposed contract for 2000 would be $105,700 compared to the 1999 contract amount of $102,000. The increase reflected from the 1999 to the 2000 contract is directly related to an increase in staffing costs. The terms of the contract still provide for the contract to be terminated upon the expiration of 30 days after service of written notice upon the other party, if there should be a need to terminate it before it expires December 31, 2000. Recommended Motion: It is recommended that the City Council approve the agreement with the City of Bloomington for the provision of inspectional and enforcement services for the years 1999 and 2000. Basis of Recommendation: 1. The City of Bloomington has sufficient resources to provide a professional level of inspectional services to Richfield residents. Annual evaluation of their services has shown that they are providing effective services in a very cost-effective manner. 6-0=1 Alternative Recommendation: 1. The Council could decide to have Richfield provide its own plumbing, heating, air conditioning and food inspection services. The cost of hiring the staff necessary to provide the same level of services and administrative support would be more than the City's current expenditures, and would require a budget increase. • 2. The Council could decide to compensate the City of Bloomington at a lower rate that would require designated reduction in services or programs. Discussion/Decision Mode: The renewal of the agreement between Richfield and the City of Bloomington for the provision of inspectional services for the years 1999 and 2000 is being presented for Council approval. Respectfully submitted, Jam D. Prosser City Manager JDP:ds 0 D 5 CITY OF RICHFIELD, MINNESOTA Council Letter No. 303 Agenda December 14, 1998 Issue Statement: Approval of the continuation of the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for the year 1999. Background: In 1977, the State of Minnesota enacted the Community Health Services Act, which transferred the responsibility for the administration of public health programs to local jurisdictions. The state also provided funds for the programs, and encouraged local jurisdictions to increase the efficiency of the programs by grouping together. Richfield and Edina entered into a joint powers agreement with Bloomington, and the program has been administered under that agreement since that time. The contract amount for 1999 reflects a 3% increase over the 1998 contract amount. This is primarily due to increases in staff salaries. The 1999 contract amount will be $184,004 while the 1998 contract amounted to $178,645. Recommended Motion: It is recommended that the City Council renew the joint powers agreement for 1999. 10 Basis of Recommendation: The City of Bloomington has sufficient resources to provide a professional level of public health services to Richfield residents. Annual evaluations of their services have shown that they are providing effective services in a very cost-efficient manner. Alternative Recommendation: 1. The Council could decide to have Richfield provide its own public health services. The cost of hiring the nursing staff necessary to provide the same level of services and administrative support would be more than the City's current expenditures, and would require a budget increase. 2. The Council could decide to compensate the City of Bloomington at a lower rate which would require designated reduction in services or programs. Discussion/Decision Mode: The renewal of the joint powers agreement between the City of Richfield and the City of Bloomington for 1999 for the provision of public health services is being presented for Council approval. Respec ully submitted, :n Jam Prosser City Manager JDP:ds )11-j-I AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD TO PROVIDE COMMUNITY HEALTH SERVICES THIS AGREEMENT made and entered into this 14th da of December, 11998, by day and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield"). WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides community health services, including, but not limited to, home health services, well adult clinics, well child clinics, health education, school health services, health promotion services, prevention and control, and program administration; and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing community health services such as health education, communicable disease programs, nursing services, health assessment, counseling, teaching, and evaluation in the community, home and clinic setting at a nominal fee to those making use of such services, and to contract with Bloomington for Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; and WHEREAS, the governing bodies of Bloomington and Richfield are authorized by Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes, Section 471.59, Subdivision 10, to provide community health services and to enter into agreements with each other for the providing by Bloomington of community health services to residents of Richfield. NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with those community health services (hereinafter called "Health Services"), that Richfield has outlined in its 1996-1999 Community Health Services Plan, which includes home health, family health, disease prevention and control, and health promotion. Richfield agrees not to amend said Plan in any manner that would impact the service Bloomington provides without first contacting Bloomington. 2. Bloomington agrees to provide to the residents of Richfield health services in the same manner and the same extent including the same quality and kind of i personnel, equipment and facilities as health services are provided and rendered to residents of Bloomington, it being the intent and purpose of this agreement to provide and render the Health Services equally to residents of Bloomington and Richfield, without discrimination in any way. 5z - C") - 3. Bloomington shall provide the health services pursuant hereto on a confidential basis, using capable, trained professionals. 4. All Health Services to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, provided, however, that (1) no policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity of Health Services to be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving Health Services from Bloomington, whether residents of Richfield, Bloomington, or any other municipality. Richfield agrees to adopt the same policies, rules and procedures as are from time to time adopted by Bloomington, if determined by Richfield to be necessary or desirable to facilitate or regulate the provision of Health Services by Bloomington to residents of Richfield pursuant hereto. 5. Richfield agrees to pay Bloomington, for the provision of Health Services pursuant hereto, amounts and on terms as follows: A. The annual sum of $184,004 shall be paid in quarterly payments of $46,001 to Bloomington within fifteen (15) days of the receipt by Richfield of each of the reports to be given pursuant to Paragraph 5.13 hereof, subject, however, to the provision of Paragraph 5.C hereof. B. On April 15, July 15, and October 15, 1999 and on January 15, 2000, Bloomington shall send Richfield a statement, certified by the person in charge of Bloomington's Division of Public Health as being true and correct, and covering the period of three (3) calendar months preceding the month in which the report is given, and setting forth, in such detail as Richfield shall reasonably require, the numbers of persons served, the kinds of Health Services delivered, the locations where such services were delivered, and such other information as Richfield shall reasonably request. C. No payment or payments need be made by Richfield under this Agreement while Bloomington is in default under any of the terms and conditions hereof. 6. In the event Richfield desires to inspect the financial books and records of Bloomington relating to the providing of Health Services hereunder by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield, or any agent, employee, or representative of Richfield, at reasonable business hours. 5/-)-3 7. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render Health Services under this Agreement; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. 8. Bloomington's Division of Public Health will communicate with Richfield relative to Health Services to be performed hereunder by Bloomington; such communication to be in the form of reports, conferences, or consultations, as the respective Richfield departments shall request. All reports relating to the providing of Health Services that are given by Bloomington's Division of Public Health to the Bloomington City Council or to the City Manager during the term of this Agreement shall also, and at the same time, be given to Richfield. 9. Bloomington also agrees to send to Richfield an annual report describing the activities performed and Health Services rendered pursuant to this Agreement. Such report shall be in such detail and form as Richfield may reasonably request. The annual report shall be sent with and in addition to the last quarterly report acquired by Paragraph 5.13 hereof. Also, at Richfield's request, made not more than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall attend meetings of the Richfield City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and Health Services rendered under this Agreement. 10. Bloomington hereby agrees to maintain in force its present policy of comprehensive general liability insurance in compliance with Minnesota Statutes, Section 466, and professional liability coverage in the minimum amount of five hundred thousand dollars ($500,000), for the term of this contract. A copy of the policies shall be furnished to Richfield. Said policy shall be with an insurance company authorized to do business in Minnesota. 11. Bloomington shall further require personal medical malpractice insurance coverage by its physicians and other health professionals with whom Bloomington has a contract for professional services. 12. This Agreement shall be for a period of from January 1, 1999, to December 31, 1999, provided that either party may terminate the same by one hundred twenty (120) days written notice to the other. Upon such termination, all obligations and liabilities of the parties hereunder shall cease and terminate, except the provisions of Paragraph 12 hereof shall continue and survive such termination. Also, in the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Bloomington shall send to Richfield, within thirty (30) days after such termination, a report in the form of, and in lieu of, the annual report required by paragraph 9 hereto, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within . fifteen (15) days after receipt of both such reports. 13. Bloomington and Richfield understand and agree that each of them shall apply and qualify, independently and separately, for any and all grants, matching funds, and payment of all kinds from state, federal, and other governmental bodies relating to, or for the provision of, any or all of the Health Services, and any and all such grants, matching funds, and payments shall belong to the recipient and be used and applied as the recipient thereof shall determine, without regard to this Agreement. 14. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to an officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: To Bloomington: 2215 West Old Shakopee Road Bloomington, Minnesota 55431 Attention: City Manger To Richfield: 6700 Portland Avenue South Richfield, Minnesota 55423 Attention: City Manager Such addresses may be changed by either party upon notice to the other party given as herein provided. 15. The parties agree to comply with the following laws and regulations: A. Richfield agrees to comply with the Americans with Disabilities Act and agrees to hold harmless and indemnify the City of Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Bloomington. The City of Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the Human Services Division, City of Bloomington, 2215 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone 948-8700; TDD: 948-8740. B. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363 (1988). 16. Non-Assignment. This Agreement shall not be assignable except at the written consent of Bloomington. '%J5/ -1o-s • 17. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 18. Richfield will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their corporate seal to be affixed hereto the day and year first above written. CITY OF BLOOMINGTON 9 Approved: City Attorney BY: Its Mayor BY: Its Manager CITY OF RICHFIELD BY: Its Mayor BY: Its Manager 55 CITY OF RICHFIELD, MINNESOTA Council Letter No. 302 Agenda December 14, 1998 Issue Statement: Consideration of a resolution to accept two Automated External Defibrillators (AEDs) awarded to Richfield Police Division by the State of Minnesota's Department of Public Safety. Background: The Minnesota Department of Public Safety invited Minnesota law enforcement agencies to apply for a grant to receive Automated External Defibrillators (AEDs). Police Operations Division of the Richfield Department of Public Safety applied for the grant and the Department was awarded two AEDs at no cost to the City. The Department must have a City resolution of acceptance before the grant can be awarded. Recommended Motion: Council approval of the attached resolution authorizing the acceptance of the law enforcement defibrillator grant which presents Richfield Police Operations Division with two Automated External Defibrillators (AEDs). Basis of Recommendation: 1. Approval of the resolution would allow the Public Safety Department, Police Division, to receive a very important instrument for use in providing medical assistance to the residents of Richfield. Alternative Recommendation: 1. Council could disapprove the resolution which would mean that the award of two defibrillators to the Richfield Public Safety Department would not be accepted. Discussion/Decision Mode: Council approval of the resolution authorizing the acceptance of the law enforcement defibrillator grant from the Minnesota Department of Public Safety in the form of two Automated External Defibrillators (AEDs) is requested by the Richfield Department of Public Safety, Police Operations Division, at this time. Respectfully submitted, James Prosser City Manager JDP:ds 0 RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD DEPARTMENT OF PUBLIC SAFETY, POLICE OPERATIONS DIVISION, ACCEPTANCE OF LAW ENFORCEMENT DEFIBRILLATOR GRANT WHEREAS, the Minnesota Department of Administration has awarded a contract to Heartstream/Laerdal Corporation for the purchase of Automated External Defibrillators (AEDs); and WHEREAS, the Minnesota Department of Public Safety has purchased a total of 220 AEDs for the purpose of distribution by grants to law enforcement agencies in Minnesota; and WHEREAS, the Richfield Department of Public Safety, Police Operations Division, has been selected by a review committee of the MN Department of Public Safety to be awarded two of the AEDs; and WHEREAS, the City of Richfield, Public Safety Department, is authorized to accept State law enforcement grants; and NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into an agreement with the Minnesota Department of Public Safety to accept two Automated External Defibrillators (AEDs) for use by the Richfield Department of Public Safety, Police Operations Division. James D. Prosser, City Manager, is hereby authorized to execute such agreements as are necessary to accept the AEDs from the MN Department of Public Safety on behalf of the City of Richfield, Department of Public Safety. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 301 Agenda December 14, 1998 Issue Statement: City Council confirmation of City Manager's appointment of Hearing Examiners. Background: The hearing officer procedure was established by the City Council in 1985 to hear and decide requests for variances from the literal provisions of the Zoning Ordinance where unique circumstances would cause undue hardship. The ordinance provides for the appointment of Hearing Examiners by the City Manager subject to confirmation by the City Council. The term of appointment of existing Hearing Examiners, Connie Murray and Paul Wasko, expires this month and they have indicated a willingness to continue. Recommended Motion: Confirm the City Manager's reappointment of Connie Murray and Paul Wasko to a two year term as a Hearing Examiner. Basis of Recommendation: 1. Ms. Murray's and Mr. Wasko's current term expires on December 31, 1998. 2. Ms. Murray and Mr. Wasko have experience, training and knowledge as a Hearing Examiner and warrants reappointment. Alternative Recommendation: 1. Defer confirmation to a later Council meeting. 2. Deny confirmation of the appointment. Discussion/Decision Mode: This item has been placed on the Consent Calendar for December 14, 1998. Respectfully submitted, Jam D. Prosser City Manager JDP:cak 0 r_n CITY OF RICHFIELD, MINNESOTA Council Letter No. 300 Agenda December 14, 1998 Issue Statement: City Council resolution appointing a representative 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 were also a part of that resolution. The terms of 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, 1998. 2. Larry Zielke, Attorney, representing the Richfield Chamber of Commerce; term ending December 31, 1999. 3. Jeff Andrews, Americinn; term ending December 31, 2000. Mr. Brusman's appointment ends at the conclusion of 1998. He is an original appointee of the Tourism Board and serves as the Secretary/Treasurer of the Board. Mr. Brusman has been a very valuable part of the Tourism Board since its inception and has been instrumental in bringing the Board to its current status. Mr. Brusman has indicated that he would be willing to serve an additional term on the Tourism Board if he were to be re-appointed. Staff believes that at this time, with the potential changes before the Tourism Board such as the addition of the new Candlewood property and the potential of another hotel in the Interchange West Project area sometime in the next few years, it would be especially important to maintain Mr. Brusman's leadership on the Richfield Tourism Board. For that reason staff recommends the City Council re-appoint Mr. Brusman to a three-year term. Recommended Motion: Adopt the attached resolution regarding the re-appointment of Bill Brusman to the Richfield Tourism Board Inc. for a three-year term ending December 31, 2001. Basis of Recommendation: 1. The City Council has the authority to make appointments to the Richfield Tourism Board. 0 2. Mr. Brusman, the representative from the Hampton Inn, has been a very active participant in the Richfield Tourism Board and is willing to be re-appointed. 3. The Tourism Board has, since its inception, included representatives of hotel/motel operations in Richfield. 4. Mr. Brusman has provided leadership to the Tourism Board since it's inception and staff believes the Board would benefit from his presence in another term. Alternative Recommendation: 1. The City Council could seek another representative for this Board appointment. Discussion/Decision Mode: It is suggested the City Council make the appointment of Mr. Brusman at the December 14, 1998 City Council meeting so that he may assume the position on January 1, 1999. Respectfully submitted, Jame. Prosser City anager 0 JDP:ds E RESOLUTION NO. OA-P"°2' RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS TO 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 (3) 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 Bill Brusman, the representative for the Hampton Inn, will expire on December 31, 1998 and Mr. Brusman has indicated a desire to be re- appointed to the Board; and WHEREAS, Mr. Brusman has been a valuable asset to the Tourism Promotion Board. 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: Re-appoint Bill Brusman, Hampton Inn, to the Richfield Tourism Promotion Board for a three-year term ending December 31, 2001. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1998. Martin J. Kirsch, Mayor ATTEST: • Thomas P. Ferber, City Clerk