10-12-98 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, OCTOBER 12, 1998
REGULAR CITY COUNCIL MEETING
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES OF (1) REGULAR CITY COUNCIL MEETING OF
SEPTEMBER 28, 1998 AND (2) REGULAR CITY COUNCIL STUDY SESSION OF
OCTOBER 5, 1998
PRESENTATIONS
INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT
THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON
THE AGENDA
2. PRESENTATION OF PUBLIC SAFETY DEPARTMENTAL COMMENDATION TO
JENNIFER ROMO
AGENDA APPROVAL
3. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
4. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT
CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND
RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER
COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY
REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND
PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND
ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE
RECOMMENDED FOR APPROVAL.
?'A. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING
EXECUTION OF MIGHTY DUCKS GRANT AGREEMENT FOR CONSTRUCTION
OF SECOND ICE SHEET C.L. 252
B. CONSIDERATION OF APPROVAL OF RESOLUTION APPOINTING HIGH
SCHOOL STUDENT TRAINEE ELECTION JUDGES FOR NOVEMBER 3, 1998
C.L. 253
,C. CONSIDERATION OF APPROVAL OF SETTING NOVEMBER 5, 1998 FOR
SPECIAL CITY COUNCIL MEETING TO CONSIDER RESOLUTION DECLARING
RESULTS OF GENERAL ELECTION HELD ON NOVEMBER 3, 1998 C.L. 254
,D. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING
CONTINUED PARTICIPATION IN LIVABLE-COMMUNITIES.ACT PROGRAMS
ADMINISTERED BY METROPOLITAN COUNCIL C.L. 255
E. CONSIDERATION OF APPROVAL OF RESOLUTION REGARDING
AGREEMENT BETWEEN OFFICE OF TRAFFIC SAFETY IN MINNESOTA
DEPARTMENT OF PUBLIC SAFETY AND CITY OF RICHFIELD, PUBLIC
SAFETY DEPARTMENT, PERTAINING TO SAFE & SOBER COMMUNITIES
PROGRAM C.L. 256
/F. CONSIDERATION OF APPROVAL OF EXTENDING CONTRACT NO. A01384
WITH HENNEPIN COUNTY TO ALLOW CONTINUED ACCESS TO PROPERTY
INFORMATION SYSTEM C.L. 257
G. CONSIDERATION OF APPROVAL OF REQUEST FOR AMENDED OFF-STREET
PARKING PERMIT AT HAMPTON PLACE APARTMENTS, 620-734 EAST 78TH
STREET AND 701-735 EAST 77TH STREET C.L. 258
H. CONSIDERATION OF APPROVAL OF SIGN PERMIT WITH FEE WAIVER FOR
RICHFIELD COMMUNITY CENTER ANNUAL FALL BOUTIQUE AT 7000
NICOLLET AVENUE ON OCTOBER 24, 1998 C.L. 259
1. CONSIDERATION OF APPROVAL OF REQUEST FROM STATE OF
MINNESOTA TO REVIEW REQUEST FOR RENEWAL OF CURRENCY
EXCHANGE LICENSE FOR THE MONEY CENTER, 6525 NICOLLET AVENUE
C.L. 260
/J. CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND
REJECTION OF BID SUBMITTED BY TRUCK UTILITIES & MFG. CO., INC. IN
AMOUNT OF $23,717 C.L. 261
PUBLIC HEARINGS
5. PUBLIC HEARING REGARDING NEW 1998 CLUB ON-SALE AND SUNDAY
LIQUOR LICENSES FOR FRED BABCOCK V.F.W. POST NO. 5555, 6401 LYNDALE
AVENUE
COUNCIL LETTER NO. 262
6. PUBLIC HEARING REGARDING REQUEST FOR CONDITIONAL USE PERMIT TO
ALLOW 48-SEAT RESTAURANT AT 811 EAST 66TH STREET
Is COUNCIL LETTER NO. 263
PROPOSED ORDINANCE
7. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO CITY
CODE SECTION 930 REGARDING NOISE RELATED ISSUES
COUNCIL LETTER NO. 264
ADMINISTRATIVE REPORTS AND OTHER BUSINESS
?8. CONSIDERATION OF AWARD OF CONTRACT TO NADEAU UTILITY, INC. FOR
.....REPLACEMENT-OF PLAY EQUIPMENT AT MONROE/FAIRWOOD_PARKS,JN
AMOUNT OF $118,848.90
COUNCIL LETTER NO. 265
r 9. CONSIDERATION OF MAYOR'S APPOINTMENT OF HOUSING AND
REDEVELOPMENT AUTHORITY COMMISSIONER
COUNCIL LETTER NO. 266
AIRPORT BUSINESS
10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
FOR STATE OF MINNESOTA GRANT AGREEMENT FOR BALL FIELD
REPLACEMENT PROJECT
COUNCIL LETTER NO. 267
11. AIRPORT STATUS REPORT
CORRESPONDENCE
12. LEGISLATIVE REPORT
COUNCIL CHOICE
13. COUNCIL DISCUSSION ITEMS
14. CLAIMS AND PAYROLLS
15. 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.
/O
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 267
Agenda October 12, 1998
Issue Statement:
Approve a resolution authorizing execution of agreement for the State of Minnesota
Grant Agreement for the Ball Field Replacement Project.
Background:
On September 28, 1998, the Council approved plans and specifications for the Ball
Field Replacement Project and authorized advertisement for bids for the project.
The City has received a $2,000,000 grant from the State of Minnesota to develop and
improve ball fields at various parks to replace ball fields currently in use on Metropolitan
Airports Commission (MAC) property. The City must now take formal action to receive
the grant.
Recommended Motion:
Approve the resolution authorizing the City to accept the $2,000,000 grant for the Ball
Field Replacement Project.
Basis of Recommendation:
This documentation must be formally executed in order to receive the grant funding.
Alternative Recommendation:
The Council could decide not to accept the $2,000,000 grant.
Discussion/Decision Mode:
Action is requested at this time to assure that the grant agreement documents are
completed and submitted in a timely manner.
Respectfully submitted,
Ja D. Prosser
Ci anager
JDP:ds
is
/6 /
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE GRANT
FROM THE STATE OF MINNESOTA FOR THE BALL FIELD REPLACEMENT
PROJECT GRANT, AUTHORIZING EXECUTION OF AGREEMENT
AND CERTIFICATE OF INCUMBENCY
WHEREAS, the City of Richfield has received a $2,000,000 grant from the State
of Minnesota's General Fund to develop and improve ball fields at various parks to
replace ball fields currently in use on Metropolitan Airports Commission (MAC) property;
and
WHEREAS, the City Council has approved the plans and specifications for the
project and authorized the advertisement for bid; and
WHEREAS, the City Council must formally accept the grant and authorize City
Staff to execute all contract and related documents necessary for the processing of this
grant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, the Mayor and City Manager are hereby authorized to execute all agreements
and documentation necessary for the processing of the Ball Field Replacement Project
• Grant.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
October, 1998.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 266
Agenda October 12, 1998
Issue Statement:
Council confirmation of Mayor's appointment of Housing and Redevelopment Authority
Commissioner.
Background:
The term of HRA Commissioner Mike Sandahl will expire in October 1998.
Commissioner Sandahl was appointed to the HRA in 1993.
Under state law, the Mayor appoints HRA Commissioners subject to confirmation of the
City Council. The Mayor has indicated he will make an appointment to the HRA for a
five year term at the October 12, 1998 Council meeting.
Recommended Motion:
Confirm the Mayor's appointment of a Commissioner to the Housing and
Redevelopment Authority for a five year term which will expire in October 2003.
Basis of Recommendation:
An appointment needs to be made for a term which will expire in October 1998.
Alternative Recommendation:
Continue the appointment confirmation to a future Council meeting.
Discussion/Decision Mode:
This item has been scheduled for the October 12, 1998 Council meeting so the
appointment can be made to ensure a full complement of members on the Housing and
Redevelopment Authority.
Respectfully submitted,
Jame. Prosser
City Manager
JDP:ds
9
8
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 265
Agenda October 12, 1998
Issue Statement:
Award of contract for replacement of play equipment at Monroe/Fairwood Parks.
Background:
The Capital Improvement Budget adopted for 1998 includes $148,500 for replacement
of play features at Monroe/Fairwood Parks. Monroe and Fairwood Parks are located in
the vicinity of Knox Avenue South and 67th Street. The wood product equipment
currently on the Monroe Park site was purchased and installed in the early 1980's. The
concrete water slide currently on the Fairwood Park site was installed at the same time.
Consumer Product Safety Commission guidelines and ADA (Americans with Disabilities
Act) requirements have changed since the original installations. It was the
recommendation of the Monroe/Fairwood neighborhood that:
• Play areas should not include water related features.
• Age appropriate equipment (elementary, preschool and perhaps pre-teen) in
separate containers should be provided.
• Preschool and elementary age equipment should be located in close association
with the future Fairwood Park program building.
• It is not necessary to duplicate play features in each park.
Bid packages were provided to four qualified bidders. Bids for play equipment at
Monroe/Fairwood Parks were opened according to legal requirements on October 2,
1998. A copy of the bid minutes/tabulation is attached for Council review. Alternate
one is for removal of the existing waterslide and play equipment to two feet below
finished grade. Alternate two is for adding a six foot wide bituminous path around the
play equipment container at Fairwood Park. Alternate three is for placing sod in lieu of
seeding all disturbed areas. Staff and the consultant recommend acceptance of the
base bid and alternates two and three. The engineers' estimate for the package was
$120,977.40.
Recommended Motion:
Accept the bid minutes/tabulation and award a contract to Nadeau Utility, Inc.
(contractor) in the amount of $118,848.90 (including base bid and alternates two and
three) for play equipment at Monroe/Fairwood Parks.
Basis of Recommendation:
1. The play equipment at Monroe/Fairwood Parks was originally installed in the early
1980's. Generally speaking, the life expectancy for wood product equipment is
about 15 years. The play equipment at Monroe/Fairwood Parks was due for
replacement.
S-1
2. The Community Services Commission recommended, and the City Council
concurred by adopting the 1998 Capital Budget, that there be a conscientious
effort to replace aging play equipment in the City.
3. The Community Services Commission is in unanimous agreement with the master
concept plan for Monroe/Fairwood Parks and with the proposed play equipment
design and location.
4. The bid submitted by Nadeau Utility, Inc. was the lowest bid submitted by a
responsible bidder meeting specifications.
5. There is sufficient funding in the project allocation for the purchase.
Alternative Recommendation:
1. Council may reject the bids and direct staff to readvertise. 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
Nadeau Utility, Inc.
3. Council may reject bids and direct staff and the consultant to amend the
specifications prior to readvertising for bids. However, the neighborhood was invited
to participate in the design of the park improvements and those attending the
meetings are in agreement with the plan. Members of the Community Services
Advisory Commission attended the neighborhood meetings. The commission has
reviewed and is in agreement with the plans for the park and play equipment.
4. Council may reject all bids and delay replacement of play equipment until such time
as the whole of Monroe and Fairwood Parks is redeveloped. However, it could be
many years before such total redevelopment may be scheduled.
Discussion/Decision Mode:
Staff is requesting action at the October 12, 1998 Council meeting.
Respectfully submitted,
J;iwya Prosser
Cger
JD P:ds
Attachment
49
CITY OF RICHFIELD, MINNESOTA
40 Bid Opening
October 2, 1998
10:00 a.m.
Fairwood Park & Monroe Park Play Equipment Installation
City Project No. 413-40-747
City Bid No. 98-5
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the
meeting was to receive, open and read aloud, bids for Fairwood Park and Monroe Park
play equipment installation, bid no. 98-5, as advertised in the official newspaper on
September 16, 1998.
Present: Thomas Ferber, City Clerk
Michael Eastling, Public Works Director
Cheryl Krumholz, City Manager Representative
E Bidder's Name/City Security Base Amount Alternate 1 Alternate 2 Alternate 3
The following bids were submitted and read aloud:
Bid
Arrigoni Brothers Co. 5% $120,077.00 0 $2,512.00 * $2,730.00
St. Paul Bid Bond
Monette Construction 5% $138,677.00 0 $2,747.00 $2,430.00
Co., Little Canada Bid Bond
Nadeau Utility, Inc. 5% $112,638.60 - $500.00 $2,967.30 * $3,243.00
Maple Grove Bid Bond
Odland Construction, 5% $132,806.00 - $1,200.00 $2,826.00 $3,156.00
Inc., Stillwater Bid Bond
0
* Corrected bid amount reflecting correction of bidders antnmatic extension errors.
The City Clerk announced that the bids would be tabulated and considered at the
October 12, 1998 City Council Meeting.
Thomas P. Ferber City Clerk
I
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 264
Agenda October 12, 1998
Issue Statement:
First reading of an ordinance amendment to City Code Section 930 regarding noise
related issues.
Background:
Public Safety and Planning staff have completed a review of the City's current noise
ordinance in an effort to identify where there may be some gaps that may cause staff to
be unsuccessful in enforcing noise related problems that can create a disruption to the
residents of the City.
It has been determined that updates are needed in the following areas of the current
ordinance:; unlawful idling of a motor vehicle, motor vehicle audio systems, refuse
hauling, radios, phonographs, stereo and electronic equipment, paging systems, and
participation in noisy gatherings.
Staff from health, inspections, fire, police and planning divisions have reviewed the
ordinance and provided their input to these changes. It is anticipated that these
• changes will result in staff being better able to deal with noise violations. This should
also result in an improved ability to undertake enforcement action when necessary.
Copies of the amended ordinance have been sent to all licensed refuse haulers for their
review, along with a letter making them aware of staffs intent to recommend to the City
Council that the current ordinance be amended.
Recommended Motion:
Staff recommends approval of the first reading of an ordinance amendment to City
Code Section 930 regarding noise related issues; and set a public hearing and second
reading for November 9, 1998.
Basis of Recommendation:
1. The proposed changes in the ordinance should provide Public Safety staff with the
ability to better handle and enforce noise violations than in the past.
2. Staff from health, inspection, fire, police and planning divisions are in agreement
that these areas need to be amended to provide the community with a noise
ordinance that is fair to those individuals/businesses generating noises yet
protective of the community's need for peace and quiet.
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Alternative Recommendation:
• 1. The Council could decide not to adopt the amendments and allow the current
ordinance to remain as it is. This would result in noise issues being unresolved or
unenforceable in the City.
Discussion/Decision Mode:
Staff recommends approval of the first reading of an ordinance amendment to City
Code Section 930 regarding noise related issues; and set a public hearing and second
reading for November 9, 1998.
Respectfully submitted,
Jam . Prosser
city nager
JDP:ds
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BILL NO. q OIL
i
AN AMENDMENT TO SECTION 930 OF THE UPDATING THE NOISE ORDINANCE
CODE OF THE CITY OF RICHFIELD IN ORDER TO CLEARLY DEFINE AND
ENFORCE NOISE VIOLATIONS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 930 of the ordinance code of the City of Richfield entitled "Noise Control"
is hereby amended:
Section 930 - Noise control
930.01. Subdivision 1. Definitions. For purposes of this section the terms defined in
this subdivision have the meanings given them.
Subd. 2. "L 10 Level" means the noise level, expressed in dBA, which is
exceeded by ten percent of the time for a one hour survey as measured by test
procedures formulated by the City's Department of Public Safety.
Subd. 3. "Motor Vehicle" means (i) any self-propelled vehicle not operated
. exclusively upon railroad tracks, (ii) any vehicle propelled or drawn by any self-
propelled vehicle, and (i6i) Tehh les I" ewR as tracklesstFel,?llera Whinh aFe propelled by
hd. 4. self n bile" "'eaRs a _nrnnelled -rvehisI +gn? ne fer tFav nrSu? -?T -?? ? on
sflew-eFise-steered-by skis, .
Subd. 54. "Daytime" means that part of each calendar day between the hours of
7:00 a.m. and 10:00 p.m.
Subd-65. "Nighttime" means that part of each calendar day between the hours
of midnight and 7:00 a.m. and between 10:00 p.m. and midnight.
930.03. Adoption of Regulations by Reference. The following state agency regulations
are adopted by reference: Minnesota Pollution Control Agency, Noise Pollution Control
Section, 6 MCAR SS4.2004 and NPC 1.
930.05. Receiving Land Use Standards. Subdivision 1. Maximum Noise Levels by
Receiving Land Use District. No person shall operate or cause to be operated or permit
any source of noise in such a manner as to create a noise level exceeding the limits set
40 in Table I for the receiving land use category specified therein when measured at the
property line of the receiving use which is closest to the source.
?-3
Table
L 10 Noise Limits by Receiving Zoning Districts
Zoning Districts Da )dime Nighttime
Industrial (1) 70 dBA 70 dBA
General Commercial (C-2) 65 dBA 65 dBA
Neighborhood Commercial (C-2) 60 dBA 60 dBA
Residential (R, MR) 60 dBA 50 dBA
Subd. 2. Exceptions. The noise limits prescribed in subdivision 1 shall not apply
to the following:
(0 Lal construction activities described in subsection 930.09.
{s} situations in which public health and safety require that immediate
work be done on any property the performance of which exceeds
the sound levels permitted for that time of day or for that day.
{d} Lc situations in which the purpose of the sound is to alert persons to
an emergency or for the purpose of testing any alarm system.
930.07. Outdoor Implements. No person may operate any outdoor power implement,
including but not limited to lawn mowers, hedge clippers, chain saws or other
implements designed primarily for outdoor use, at any time other than between the
hours of 7:00 a.m. and 10:00 p.m. on weekdays and 8:00 a.m. and 10:00 p.m. on public
holidays, Saturdays and Sundays, except that snowblowers shall not be operated at
any time other than between the hours of 6:00 a.m. and 10:00 p.m. any day of the
week.
930.09. Construction activities. Construction activity involving the use of power
equipment which does not generate a sound level in excess of 85 dBA, measured 50
feet beyea? at the property line of the source, may be operated in all zones between
the hours of 7:00 a.m. and 10:00 p.m. daily. All other construction activity may be
carried out only between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 8:00
a.m. and 10:00 p.m. on Saturdays.
930.11. Air circulation devices. No person may permanently install or place any sound
emitting air circulation device or other mechanical equipment, except a window air
• conditioning unit, in any outdoor location without first obtaining a permit for the
installation. The sound level produced by any window unit and by any existing air
9q
circulating or mechanical device shall be attenuated reduced in the manner required by
the director of public safety. Such requirements may include, but are not limited to,
relocation of the device if the noise results or contributes to sound levels in excess of
those specified in Table 1.
930.13. Motor Vehicles. Subdivision 1. General restrictions. No person may operate
a motor vehicle or combination of vehicles in such a manner as to exceed the noise
limits contained in Pollution Control Agency Rules, 6 MCAR 4.2004.
Subd. 2. Idling of motor vehicles. No person may operate or permit the
operation of any motor vehicle or any auxiliary equipment attached to such vehicle- ,49f
... r..v..v... v. ...v. v ........ . v ..... .. , .w11.7 1 --1 •.....v v...v.. .... ....... ... .... .......... J f ....
eF pFivate AeR Fesidential PFOpeFty within i60 feet ef aRY Fesidential zone at any time
in a
manner that constitutes unlawful idling, in violation of this subdivision. As used in this
subdivision, a vehicle is engaged in unlawful idling if:
ah the vehicle is stationary, for reasons other than congested traffic, for a
period of more than 10 minutes in any hour between the hours of 10:00 p.m.
of one day and 8:00 a.m. of the following day; and
b? the vehicle is located on public or private property within 150 feet of a
residential zone.
Subd. 3. Motor vehicle in disrepair. No person may operate any motor vehicle in
such a condition of disrepair as to create loud or unnecessary grating, grinding, rattling
or other noise.
Subd. 4. Loading of vehicles. No person may create any loud and excessive
noise in connection with the loading, unloading or unpacking of any vehicle.
Subd. 5. Muffler required. No person may permit the discharge into the open air
of emissions from an internal combustion engine except through a muffler or other
device which will effectively prevent loud or explosive noises issuing therefrom.
Subd. 6. Audio Equipment. No person may operate a motor `vehicle audio
system in a manner so that the sounds emitted by the system are audible at a distance
of 50 or more feet from the motor vehicle.
930.15. Keeping of Animals. The keeping of a dog, cat or other animal which by
reason of noise caused by it or by its presence, annoys other persons who are in the
neighborhood is a public nuisance and is unlawful. Upon the receipt of a written
complaint of such annoyance by the occupants of two or more neighboring properties,
I -S
the city shall notify the owner of the animal that the nuisance must be abated within 48
hours. Failure to obey the notice is a violation of this subsection.
930.17. Refuse Hauling and Snow Plowing. The operation of vehicles used for the
hauling of refuse on private property shall be limited in residential ,
, to the period between 7:00 a.m. and 10:00 p.m. an weekdays
any day of the week. The operation of vehicles for snow plowing on private property
shall be limited in residential districts and within 50 feet of such districts to the period
from 6:00 a.m. and 10:00 p.m. any day of the week.
930.19. Horns and Signaling Devices. The following uses of horns or other signaling
devices are unlawful:
(a) the sounding of any horn or signaling device on any automobile,
motorcycle or other vehicle and upon any locomotive, except as a danger
warning;
(b) the creation by means of any signaling device of any unreasonably loud or
harsh sound; and
(c) the sounding of any device for an unnecessary and unreasonable period of
time.
• 930.21. Radios, Phonographs, Stereo and Electronic equipment, Paging Systems:
Except Advertising. No person may use or operate or permit the use or
operation of any radio receiver, musical instrument, phonograph, stereo and
electronic equipment, paging system, machine or other device for the
production or reproduction of loud sounds so as to unreasonably disturb the
peace, quiet and comfort of any person nearby. The following shall constitute
such a disturbance:
(a) Operation of any such
device at any tome from within an enclosed structure between the hours of
10:00 p.m. of any day and 7:00 a.m. of the next day in a manner distinctly
audible at the property line of the structure or building in which it is
located; or in the hallway or apartment unit adjacent if located in an
apartment unit, 9F at a distanGe of 59 feet if the seume *6 lGGated outsi
Operation of any such device outside of an enclosed structure at any time,
in a manner distinctly audible at a distance of 50 feet from the device.
The regulations contained in this subsection are not applicable to licensed sound trucks
and other similar advertising activities.
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930.23. Radios, Phonographs Stereo and Electronic equipment, Paging Systems:
Commercial Advertising. No person may use or operate or permit the use or operation
of any radio receiver, musical instrument, phonograph stereo and electronic equipment,
paging system or other device for the production or reproduction of sound on any street
or other public place, or audible at any location, for the purpose of commercial
advertising or attracting the attention of the public to any commercial establishment or
vehicle unless a license is first obtained pursuant to chapter XI.
930.25. Noise Near Schools, Churches and Health Care Institutions. No person may
willfully create any excessive noise on any street, alley, sidewalk or public grounds
adjacent to any educational, religious or health care institution when the noise
unreasonably interferes with the conduct of the activities of the institution or disturbs or
unduly annoys its occupants or residents.
930.27. Peddling. No hawkeF, peddler or vendor may make any noise on
a public street, whether by yelling, shouting or otherwise, which disturbs the peace and
quiet of the residents of the neighborhood.
930.29. Participation in Noisy Gatherings.
a. At any time between the hour of 10:00 p.m. of any day and 7:00 a.m.
of the following day no person may congregate besaase-9f, at, or participate
. in, any party or gathering of people from which noise emanates of sufficient
volume to unreasonably disturb the peace, quiet or repose of other persons
r ne?herineti is
Fesi ng 1 On any v fTtFTItple Fe iJiGTV??7TRV?deRGe r?r place whG erT6r e the e paFt a ea
7 e??'ITTTCr?i
takiFig 1
b. A police officer may order all persons present at such party or
gathering other than the owners, residents or tenants to immediately
disperse. Any person who refuses to leave after being ordered to do so by a
police officer is guilty of a violation of this subsection.
C. Any owner, tenant, or resident of the building or place who has legal
authority to control the activities at such building or place and who knows or
has reason to know of the disturbance and fails to immediately take
reasonable steps to abate such disturbance is guilty of a violation of this
subsection.
d. Any owner of a building or place who knows or has been notified of a
pattern of disturbances and fails to immediately take reasonable steps to
abate such disturbances is guilty of a violation of this subsection. For
purposes of this subsection. a disturbance is defined as an incident which
0 results in oral or written communication with the public safety department;
pattern is defined as more than one (1) disturbance in a 30-day period or six
• (6) or more disturbances in a twelve (12 month period.
930.31. Additional Restrictions. Notwithstanding any other provision of this section, no
person may make, continue or cause to be made or continued, any loud, unnecessary
or unusual noise or a%-other noise which unreasonably disturbs, injures or endangers
the comfort, repose, health, peace or safety of others within the limits of the city.
930.33. Administration and Enforcement. Subdivision 1. Responsible official. The
manager, acting personally or through his designee, shall administer and enforce the
noise control regulations contained in this section.
Subd. 2. Testing Procedures. The manager shall adopt guidelines establishing
the test procedures and instrumentation to be used in enforcing the provisions of this
section.
930.35. Noise Variances. Subdivision 1. Authori . The council and manager may,
consistent with this subsection, grant variances from the requirements of any provision
of this section.
Subd. 2. Application. A person seeking a variance shall file an application with
the manager on forms prescribed by the manager. The application shall state the dates
• during which the variance is proposed, the location of the noise source, the time of
operation of the noise source, the nature of the noise source, the reasons why the
variance is sought, the steps which will be taken to minimize the noise level and such
other information as is required by the manager.
Subd. 3. Action on Application: 15 days or less. If the requested variance is to
last for a period of 15 days or less, the manager may either grant or deny the request.
Before granting or denying the request, the manager may require the applicant to notify
property owners within 500 feet of the noise source that the application has been made.
A person claiming to be adversely affected by the granting of the variance may be given
an opportunity to file a statement in opposition to the granting of the variance stating the
reasons for such opposition. The manager may conduct an informal hearing at which
the applicant and persons filing statements in opposition to the variance are given an
opportunity to be heard. The manager shall thereafter either grant or deny the variance
request.
Subd. 4. 15 days or more. If the requested variance would last for a period of
more than 15 days, it shall be granted or denied by the council after hearing. Upon
receipt of an application for such a variance, the manager shall give mailed notice of
the council hearing to property owners within 500 feet of the noise source. At the
hearing applicant and all persons claiming to be affected by the variance request may
0 be heard.
9- Y
Subd. 5. Hardship: conditions. A variance may not be granted by either the
council or the manager unless it is found that full compliance with this section would
constitute an unreasonable hardship on the applicant, which hardship outweighs any
serious adverse impact upon the health, safety or welfare of the public. In granting a
variance, the council or the manager, as the case may be, may attach conditions
including sound levels, duration, hours, design and termination of the variance.
Subd. 6. Temporary variances. The manager may grant temporary variances
pending action by the council on an application for a variance.
930.37. Appeals. A person, whose interests are affected by the granting or denial of a
variance, or any condition imposed thereon, may appeal the manager's decision to the
council. An appeal may be initiated by filing a notice of appeal with the clerk within 20
days of the date of the manager's decision. The appeal shall be heard by the council
as soon thereafter as practicable. In considering the appeal, the council shall hear
evidence bearing upon the granting or denial of the variance or any conditions to be
imposed. The council shall have 30 days following the close of the hearing on a
variance to either grant or deny the variance. The variance may be granted subject to
conditions which the council may in its discretion impose.
930.39. Sound level and bid awards: evaluation of city bids. The city may consider the
sound levels of equipment which bidders propose to supply to the city in evaluating
. which equipment represents the lowest responsible bid.
Passed by the City Council of the City of Richfield, Minnesota this 12th
day of October, 1998.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
I?
U
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 263
Agenda October 12, 1998
Issue Statement:
Public hearing regarding a request for a conditional use permit to allow 48-seat
restaurant at 811 East 66th Street.
Background:
The applicant is proposing to operate a restaurant in the former Richfield Floral &
Gardens (Richfield Floral) space at 811 East 66th Street. A restaurant with 48 seats
would occupy the 1,963 sq. ft. space.
The property is zoned C-2 (general commercial); however, the change in use to a
restaurant requires a conditional use permit. The proposed hours of operation are
Monday-Saturday from 11 a.m. to 9 p.m. and Sunday from 11 a.m. to 8 p.m.
Richfield Floral constructed a new building at 817 East 66th Street. The parking lot for
811 East 66th Street was rebuilt and combined with the lot for the new building.
Richfield Floral moved its business to the new location. The B&D convenience store
remains in the old building. The space that was formerly occupied by Richfield Floral is
currently vacant.
• City parking standards require one parking space for every 2.5 seats in a restaurant.
The proposed 48-seat restaurant requires 19 parking spaces. There is a total of 46
parking spaces between the two buildings in this commercial area and 24 parking
spaces are in this half of the development. The convenience store space, based on the
parking requirement for a retail use of four spaces for every 1,000 sq. ft., requires 11
parking spaces leaving 13 spaces for the restaurant. The remaining six spaces would
be accommodated through shared parking with the convenience store and floral store.
The shopping area currently experiences problems with trucks that are making
deliveries to the convenience store blocking Chicago Avenue. Because of the
reconstruction of the parking lot and closing of accesses on 66th Street, the owners are
directing truck deliveries to the rear of the building. This redirection has created some
difficulties with suppliers that use large semi-trucks and those that do not have regular
drivers making the deliveries. The property owners, the convenience store owner and
the applicant have all agreed to work on delivery schedules to alleviate congestion.
Recommended Motion:
Approve the conditional use permit to allow a 48-seat restaurant at 811 East 66th Street
with the following stipulations:
1. That the property owner and tenants work together to coordinate deliveries and
keep trucks from parking on and blocking Chicago Avenue.
2. That alcohol not be served unless a liquor license is obtained and an amendment
to the conditional use permit approved.
3. That the dumpster enclosure be approved by the Health Inspector for use by a
restaurant.
4. That a resolution approving the conditional use permit be recorded on the property
title.
Basis of Recommendation:
1. The proposed restaurant makes use of the vacant retail space in this commercial
area.
2. The proposed restaurant is an appropriate neighborhood/community commercial
use for the area.
3. Through shared parking, the proposed restaurant meets City parking standards.
4. The property meets City performance standards relating to the parking lot
construction, landscaping, lighting and stormwater management. An Off-Street
Parking permit was approved by the City Council in June 1997 for these
improvements.
5. The Comprehensive Plan designation for the parcel is High Density Single Family
Residential; however, the parcel has been used as a commercial use for many
years. It is appropriate to allow continued use of the property for commercial use.
6. Notice of the hearing was published in the Sun-Current and mailed to property
owners and occupants within 350 feet of the subject property.
7. On September 22, 1998, the Planning Commission voted unanimously to
recommend approval of the conditional use permit.
Alternative Recommendation:
Deny the request with a finding that the proposal would have an adverse impact on
adjacent properties or the City as a whole.
Discussion/Decision Mode:
A public hearing is scheduled for 7:00 p.m. on Monday, October 12, 1998. The hearing
will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue.
Respectf submitted,
Jame B. rosser
City Manager
JDP:ds
RESOLUTION NO. ?0
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
0 (811 East 66th Street)
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit for a Class II restaurant on land generally located
811 East 66th Street, legally described as:
LOT 1 AND THAT PART OF THE WEST 1 &2 OF LOT 2 LYING WEST OF THE
EAST 10 FEET THEREOF ALSO THAT PART OF THE EAST 10 FEET OF THE
WEST 1&2 OF LOT 2 LYING SOUTH OF THE NORTH 10 FEET, BLOCK 3,
TERRACE GARDENS
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 Class 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 for
the conditional use permit to be effective:
• That the property owner and tenants work together to coordinate deliveries
and keep trucks from parking on and blocking Chicago Avenue.
• That alcohol not be served unless a liquor license is obtained and an
amendment to the conditional use permit approved.
• That the dumpster enclosure be approved by the Health Inspector for use by
a restaurant.
• 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 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 12th day of
October, 1998.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
--- - ---------------------------------------- --------------------
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CITY OF RICHFIELD, MINNESOTA
40 Council Letter No. 262
Agenda October 12, 1998
Issue Statement:
Public hearing for new 1998 club on-sale and Sunday liquor licenses for Fred Babcock
V.F.W. Post No. 5555, 6401 Lyndale Avenue.
Background:
On August 24, 1998, the City received a new application and other required documents
for the club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555
for their temporary location at 6401 Lyndale Avenue. 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. A
current list of officers is attached.
• All general sales, real estate and withholding taxes have been paid and are current.
• The property and building are owned by South Plaza Building, 1433 Utica Avenue
South, St. Louis Park, MN.
• 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.
• There were 17 Public Safety contacts with Fred Babcock V.F.W. Post No. 5555 from
January 1998 through September 14, 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. from
January to September 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 and a copy is also attached to this letter.
• There are no distant requirements in which to notify neighbors of the issuance or
renewal of club on-sale and Sunday liquor licenses.
• The VFW is currently located at 710 Lakeshore Drive and will need to temporarily
relocate for an 18-month period while their current site is being redeveloped.
• The Notice of Public Hearing has been published in the Richfield Sun Current.
•
5-1
Recommended Motion:
• Conduct the public hearing and approve the application for a new 1998 club on-sale
and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, at the 6401
Lyndale location with the following stipulation:
1. That the requirements in Resolution No. 7380 are met.
Basis of Recommendation:
1. The applicant has complied with all of the provisions of both City Codes and State
Statutes pertaining to club on-sale and Sunday liquor licensing.
2. Based upon the information supplied by the applicant and the investigation
conducted, there appears to be no reason to deny the renewal of the licenses
requested.
Alternative Recommendation:
1. The Council could decide to continue the hearing; however, if the hearing is
continued beyond October 12, 1998, the Council should consider the granting of a
license extension to allow the applicant 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 a new application for a club on-sale and
Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555 has been scheduled for
October 12, 1998.
Respectfully submitted,
Jam Prosser
City anager
JDP:cak
40
01
•
•
V.F.W.
1998 Post Officers
Arlan A. King
Thomas G. Martin
Leonard W. Bailey
Harry J. LaVan
Kenneth R. Westman
Commander
Sr. Vice Commander
Jr. Vice Commander
Quartermaster
Club Manager
is
50
5-3
•
CITY OF RICHFIELD
RESOLUTION NO, 7380
RESOLUTION SPECIFYING CERTAIN IMOPER
CONDUCT OF ON-SALE INTOXICATING LIQUOR
LICENSEES AND STATING RECOI4tMED
DISCIPLINE THEREPOR
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 intozicating liquor within the city. The conduct of the
licensed activity is governed by the provisions of Section 1200 of the City
Code. Although, the provisions of that Section describe in a general way what
is expected of licensees in the proper conduct of the licensed activity, the
City Council is concerned that licensees should have a more specific under-
standing of the types of conduct, generally described in the Code, which may
subject their licenses to discipline; and further that they have a clear
understanding of- the scope and nature of the discipline which may be imposed
for certain specific conduct. The levels of discipline described in this
resolution will be imposed only in accordance with the applicable provisions
of law. The list of activities and conduct contained in this resolution is
not intended to be exhaustive, but rather concentrates on the types of conduct
most frequently observed at licensed establishments. Other activity or
conduct which is detrimental to the public safety, health, morals and welfare
and which constitutes a violation of the provisions of Section 1200 of the
City Code say also subject liquor licenses to discipline. The actions which
the City may take in accordance with this resolution are not intended to
preclude such further actions such as actions in law or in equity or criminal
prosecution available to the City for the conduct described in this
resolution.
5-q
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 mediate 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 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 attribut-
able to patrons of the establishment (including persons entering or leaving):
a) For five 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 tan 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
MOW for each incident.
c) For 15 such incidents occurring within any 41-day period (beginning
with the date of the first of such incidents) - suspension of the
license for up to 60 days and a civil fins of $2,000 for each
incident.
The discipline outlined above is intended to be cumulative in nature, and
incidents which give rise to discipline (or the right to discipline) during a
shorter period may be counted in determining whether discipline is appropriate
during a longer period.
The term "verified reports of criminal misconduct" means a report made to
the director of public safety by the licensee or a complaint made by others
concerning an incident constituting a crime under the City Code or the law of
2
Resolution No. 7380
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 usan 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 say be imposed upon its on-sale intoxicating liquor
license:
• a) For the first incident of failure to report criminal misconduct
within say license year - suspension of license for up to five days
and a civil fine of ;2000.
b) For the second such incident in any license year - suspension of
license for up to 10 days and a civil fins 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.
B. Serving Alcoholic Severaaes Beyond the Interior of The Licensed Premises
or Permittint patrons to Leave such Licensed Premises with Alcoholic
Bavn s. 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 say 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.
3
5-(
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 - ap 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 Piro
Code 125.114 (Overcrowding).
Licenses are absolutely bound to prevent situations in which the licensed
premises become overcrowded. The City finds that the opportunity to serve
alcoholic beverages contributes to an environment wherein overcrowding, if not
strictly controlled by the licensee, may occur. Sach 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 fins.
c) The third incident during the license year - up to a 60-day
suspension and $2,000 civil fine.
d) Tha fourth or subsequent incident during the license year -
revocation of the license.
D. Facilitati Gambling. Licensees must not permit or allow any condition
to occur on the licensed promises which would facilitate gambling activity.
Licensees may not permit any device on the licensed premises which could be
used for gambling. Such devices include blackjack tables, video games of
chance, roulette wheels and any other amusement or gambling device as defined
in Minim nest Statutes, Chapters 349 and 609, and Richfield City Code
Subsections 1100.13 and 1100.01.
4
Resolution No. 7380
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.
1. 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
vhich 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-salt
sale of intoxicating liquor during such period shall constitute an unlicensed
gals.
The City Council retains the right to modify the provisions of this
• resolution from time and to impose penalties in excess of those contained
hsrein 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 , 198 7.
ATTEST:
Thomas Ferber, City Clerk
E
5
qi-
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 261
Agenda October 12, 1998
Issue Statement:
Reject bid for purchase of one 25 foot articulated truck crane.
Background:
This equipment would be mounted on a cab and chassis that has been ordered to
replace truck number 339. Truck unit 339 has a truck crane mounted on it that is too
small for the intended use of the new truck. Truck unit 339 has been fully depreciated
and is being replaced this year. The new crane to be purchased would be used to
remove and place lift pumps in lift stations in the wastewater collection system has well
as set trench boxes used in excavation safety in normal utility operations.
Formal bids were received on September 14, 1998. Although two bids were delivered
to City Hall, only one was addressed to the City Clerk. The presence of the second bid
was not known until after the bid opening. A copy of the bid minutes/tabulation,
showing only one bid, is attached for Council review.
Recommended Motion:
Accept the bid minutes/tabulation and reject the bid submitted by Truck Utilities & Mfg.
• Co., Inc. in the sum of $23,717.
Basis of Recommendation:
1. Because of the discrepancy at the bid opening, the City Attorney was consulted and
the second bid (unopened) is being returned to the bidder.
2. Because it is now apparent the cost of the crane is less than $25,000, City staff does
not intend to readvertise for the truck crane but will seek quotations.
3. There are sufficient funds in the 1998 Wastewater Maintenance budget for one 25
foot articulated truck crane.
Alternative Recommendation:
1. Council may award the contract to the vendor submitting the one bid opened.
However, other vendors may challenge the award.
2. Council may direct staff to readvertise. However, staff believes a crane can be
obtained in a shorter period of time through an informal quotation process rather
than through a formal bidding process. Because the truck cab and chassis are
expected to be delivered in December, time is becoming a factor for assembly of the
complete unit.
9
t4J- I
3. Council may direct staff to not seek a new crane. However, the existing crane is too
small for intended uses.
Discussion/Decision Mode:
Staff is requesting approval at October 12, 1998 Council meeting.
Respectfully submitted,
Jams . Prosser
City nager
JDP:ds
Attachment
•
0
•
CITY OF RICHFIELD, MINNESOTA
Bid Opening q J- 2-
September 14, 1998
11:00 a.m.
25 Foot Articulating Boom Truck Crane
City Bid 98-14
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the
meeting was to receive, open and read aloud, bids for a 25 foot articulated truck crane,
bid no. 98-14, as advertised in the official newspaper on September 2, 1998.
Present: Randy Hughes, Operations Coordinator
Tom Ferber, City Clerk
Cheryl Krumholz, City Manager Representative
Roxi Braa, Administrative Aide
F- -1
U
The following bids were submitted and read aloud:
VENDOR Bid Total Bid
Security
Truck Utilities Manufacturing Co. 5% Bid Bond $23,717.00
St. Paul
The City Clerk announced that the bids would be tabulated and considered at the
October 12, 1998 City Council Meeting.
Thomas P. Ferber City Clerk
r?
`1`j
CITY OF RICHFIELD, MINNESOTA
16 Council Letter No. 260
Agenda October 12, 1998
Issue Statement:
Request from the State of Minnesota to review the request for a renewal of a currency
exchange license for The Money Center, 6525 Nicollet Avenue.
Background:
On September 16, 1998, the City received notification from the State of Minnesota,
Department of Commerce, of a renewal application for a currency exchange license in
the name of The Money Center, 6525 Nicollet Avenue.
A license for this type of business is not required in the City. However, effective on
April 24, 1992, Minnesota Statute 53A.04 requires that the Department of Commerce
submit any application for licensure as a currency exchange to the governing body of
the municipality in which the business proposes to conduct business.
This law also requires the governing municipality to render a decision regarding
issuance or denial of the license within 60 days of the receipt of the State's notification.
The State requires that the applicant submit the following information when applying for
this type of license:
• License fees in the amount of $50.
• A current fee schedule used for cashing checks, money orders or traveler's checks.
• A surety bond in the amount of $10,000.
• Any owner, partner, officer, director, stockholder (owning 10% of more of the
corporate stock) or any employee with the authority to exercise management or
policy control over the company must submit to a background investigation by the
Bureau of Criminal Apprehension.
All of this information has been provided to the State of Minnesota, and a background
investigation conducted by the Bureau of Criminal Apprehension found no information
on the applicants, Cary D. Geller and Richard P. Krietzman. Cary Geller resides in
Edina, and Richard Krietzman resides in Minneapolis.
Richfield Public Safety Department has conducted a background investigation on the
applicants. No criminal history was found on either applicant.
There were 12 Public Safety contacts with this establishment from September 1, 1997
through August 30, 1998. They were related to false alarms, forged checks, one theft,
one parking violation, one suspicious activity and weapon violation. This compares to
seven contacts in the previous year.
q-T-1
Recommended Motion:
• Staff recommends that the Council approve state issuance of a currency exchange
license for The Money Center, 6525 Nicollet Avenue.
Basis of Recommendation:
1. The applicant has complied with State Statute 53A.04 for a currency exchange
license with the State of Minnesota.
2. A background investigation of the applicants finds no reason to recommend denial
of the license.
Alternative Recommendation:
1. The Council could deny the license request; however, staff has determined that
there is no basis for this alternative.
Discussion/Decision Mode:
Approval of the issuance of a currency exchange license by the State of Minnesota for
The Money Center, 6525 Nicollet Avenue, is submitted for City Council consideration at
this time.
Respectfully submitted,
•
Jam s . Prosser
City nager
JDP:ds
0
yN
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 259
Agenda October 12, 1998
Issue Statement:
Application for a sign permit with a request for a fee waiver for the Richfield Community
Center, 7000 Nicollet Avenue, for its annual Fall Boutique on October 24, 1998.
Background:
The Richfield Community Center will be holding its 14th annual Fall Boutique on October
24. The event is a fundraiser for the Community Center. Sponsors of the event have
completed an application for a sign permit that carries a $25 per week fee in
compliance with the City's sign ordinance. The two-faced, board sign avertising the
event will be posted October 19 through October 24 on the corner of 70t Street and
Nicollet Avenue.
Recommended Motion:
Staff recommends the approval of the sign permit and waiving the City's $25 sign fee
for the Community Center for its annual Fall Boutique on October 24, 1998.
Basis of Recommendation:
1. The Fall Boutique is a fundraiser that will benefit the Richfield Community Center.
2. This is the first year that the Community Center has been notified that a sign
permit is necessary in order to advertise for the event.
• 3. The sign permit is the only permission that the Community Center needs to obtain.
The granting of the fee waiver for this event will permit the Community Center to
advertise without using funds from their budget.
Alternative Recommendation:
1. The Council could decide not to approve the sign permit and/or not to waive the
fee; therefore, the Community Center would have to pay the $25 fee if the posting
of the sign is allowed.
Discussion/Decision Mode:
Approval of the sign permit f?r the Richfield Community Center, 7000 Nicollet Avenue,
to allow posting a sign on 70 Street and Nicollet Avenue, $25 fee waived, advertising
the annual Fall Boutique on October 24, is presented to the Council for consideration at
this time.
Respe tfully submitted,
J s D. Prosser
C Manager
JDP:cak
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 258
Agenda October 12, 1998
Issue Statement:
Consideration of a request for an amended off-street parking permit at Hampton Place
Apartments, 620-734 East 78th Street and 701-735 East 77th Street.
Background:
Sage Company is requesting an amendment to the off-street parking permit for the
Hampton Place Apartments to allow a reduction in the number of parking spaces.
Sage is working with City staff to make improvements to the complex through the
Livable Communities Grant the City received for apartment remodeling. The
improvements at Hampton Place involve improving safety, increasing green space,
improving transit access and increasing services and activities for children.
The first phase of improvements involves adding a playground to the south of the
existing pool. The playground addition will result in the loss of 15 parking spaces and
will close the southwest driveway access to the complex. Future improvements could
result in the loss of an additional 23 parking spaces. The combined loss of this parking
would leave 276 parking spaces for the 221-unit complex, a ratio of 1.25 spaces per
• unit. The playground will be installed in the month of October.
City parking standards require two parking spaces for every apartment unit. In the MR-
3 district (high density multiple housing), the City Council has the ability to reduce this
parking ratio to 1.25 spaces per unit for complexes with ten or more dwelling units.
Recommended Motion:
Approve the request for an off-street parking permit amendment at Hampton Place
Apartments, 620-734 East 78th Street and 701-735 East 77th Street, with the following
stipulations:
That a fire hydrant be installed near building 638, the final location to be approved
by the Public Safety Director.
2. That handicapped parking spaces be provided per Uniform Building Code
requirements.
3. That a stormwater management plan be approved by the Public Works Director.
4. That future removal of parking spaces, beyond the 15 spaces removed in
Alternative Plan A, be reviewed by the Administrative Review Committee and
• approved by the City Manager.
y6-I
Basis of Recommendation:
1. Hampton Place Apartments is working with the City to improve conditions at the
apartment complex. The proposed parking lot modifications are part of these
efforts.
2. The first phase of improvements, Alternative Plan A, will result in a parking ratio of
1.29 spaces per unit. Future improvements could reduce this ratio to 1.25 spaces
per unit. The specific spaces to be lost for future improvements would be reviewed
by the Administrative Review Committee and approved by the City Manager.
3. A parking evaluation was conducted of the complex and showed that the parking lot
is significantly underutilized. The weekday afternoon parking evaluation showed
184 vacant parking spaces. The weekday evening parking evaluation showed 125
vacant parking spaces. The weekend afternoon parking evaluation showed 130
vacant parking spaces.
4. Residents at the Hampton Place apartments currently utilize transit and part of the
future efforts at the complex will be to improve resident access to transit services.
5. The Public Safety and Public Works Departments support the removal of the
southwest driveway access. Removal of the access should improve security at the
complex without compromising traffic circulation.
6. An additional fire hydrant will be installed near building 638 to compensate for the
loss of vehicle access to the fire hydrant on 78th Street. The additional fire hydrant
will allow the Fire Department to maintain its current level of fire protection for the
complex.
7. The addition of the playground will provide an activity area for small children. There
are a significant number of children living in the complex but very few services and
amenities for them. A fence will be installed around the playground area.
Alternative Recommendation:
Deny the request with a finding that the proposal would result in too great a loss in
parking spaces at the apartment complex.
Discussion/Decision Mode:
Consideration of this item is scheduled on the Consent Calendar of the City Council
meeting.
Respectful submitted,
Jams . Prosser
City ager
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CITY OF RICHFIELD, MINNESOTA qF 7
Council Letter No. 257
Agenda October 12, 1998
Issue Statement:
Council authorization to extend Contract No. A01384 with Hennepin County to allow
continued access to the property information system.
Background:
Since September 19, 1978 Hennepin County and the City have had a contractual
agreement which provides the City with access to the County's real estate tax
information. From 1978 through October 1989, the City had access to the County's real
estate data via a leased Hennepin County data terminal and printer. In November
1990, the City Council approved the purchase of the Hennepin County data terminal,
software and printer when the County announced that it was getting out of the leasing
business. After purchase of the equipment, the City entered into a contract with
Hennepin County to provide continued access to County data with the City's owned
equipment.
The current contract has provided the City with an extremely economical way to access
Hennepin County real estate, municipal and district court data. The contract is not
automatically renewable and must be renewed each year by the City and County. The
• City has now received information from Hennepin County announcing the fees for the
contract year 1999 and is asking if the City is interested in renewing this contractual
agreement. The Council action here would be to take advantage of the renewal.
Recommended Motion:
Authorize the City Manager to extend Contract No. A01384 with Hennepin County for
access to the property information system for the period beginning January 1, 1999 and
ending December 31, 1999.
Basis of Recommendation:
1. The current contract with Hennepin County expires as of December 31, 1999.
2. The contract is a necessary part of the City of Richfield's ability to deliver property
and court data to the public through the on-line connection to Hennepin County
records.
3. The County has announced that 1999 inquiry fees will be charged at the rate of
$.0191 per transaction, which is a slight decrease from the fee charged in 1998
($.0199).
4. The network support charge will remain at $25 per month per workstation.
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5. The contract with Hennepin County is a very economical way for the City to
access and to provide this data to the public.
Alternative Recommendation:
1. The City could elect not to renew this contract with Hennepin County. However, if
this contract is not renewed, the City would lose its on-line access to County
property tax and court records.
Discussion/Decision Mode:
Action on this item needs to be taken sometime prior to the end of 1998. However,
since City staff finds no problem with the arrangement proposed by Hennepin County, it
is preferred that the agreement be signed and returned to Hennepin County as soon as
possible.
submitted,
•
James o
City Ma er
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•
•
•
September 28, 1998
Hennepin County
LIF CZ
M Equal Opportunity Employer
Mr. James Prosser
City of Richfield
6700 Portland Avenue
Richfield, MN 55423
Dear Mr. Prosser:
Re: Contract No. A01384
Hennepin County intends to extend the above referenced contract through the year 1999. Attached is a revised
Exhibit A which includes any change in the rates and the connections and charges specific to your contract.
The new rates will go into effect on January 1 and remain in effect until December 31 of 1999.
The Network Support Charge remains at $25.00 ($19.00 Basic Service plus $6.00 Host Access) per month for
each connection. LAN connections are billed at $38.00 ($19.00 Basic plus $19.00 LAN). The transaction rate
has gone down by a small amount and will be billed at $.0191 for 1999. The telephone or frame relay charges
(if applicable) remain the same as the current year but will be adjusted accordingly to new rate
increases/decreases imposed by the telephone company.
USER, BEING A MUNICIPALITY, MUST FURNISH TO THE COUNTY A COPY OF THE ACTION OF
USER'S GOVERING BODY AUTHORIZING THIS CONTRACT EXTENSION. HOWEVER, IF AN
OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE A CONTRACT OF
THIS AMOUNT AND NATURE THEN THIS LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING
THE EXTENSION MUST BE RETURNED TO THE COUNTY. (Such official must attach to this letter a
copy of his/her statutory or charter authority to approve the contract.)
As authorized by the contract and noting the above requirements, please indicate below your intention to extend
or not to extend this contract through 1999 and return this document to the attention of Jean Myers at the
address below as promptly as possible.
INFORMATION TECHNOLOGY
DEPARTMENT-Operations Division
A-level 015 Hennepin County Government Center
Minneapolis, Minnesota 55487-0005.
FAX: (612) 348-4663
Page 2
September 28, 1998 Re: Contract No. A01384
is
If you have any questions about this notice, please call Jean Myers at 348-6666 for assistance.
Sincerely,
f Spartz
County Administrator
attachment
cc: Jean Myers
•
0
EXHIBIT A TO CONTRACT NO. A01384
City of Richfield
1999
I. COUNTY will provide inquiry-only access to the following information systems:
Property Information System: Access to this system will permit viewing of current real estate tax
information, including legal descriptions, valuations, special assessments and other public data
retained in the Property Information Systems.
Subject in Process System: Access to this system will permit inquiry into the Municipal Court
System. Information to be obtained includes case-related information concerning offense,
disposition, participants, scheduling and other public data contained in the Subject in Process
System.
Document Recording System: Access to this system will permit viewing of current information on
documents filed with the County Recorder (Abstract) and Registrar of Titles (Torrens) retained in
the Document Recording System since January 3,1988.
Civil Automated Tracking System (CATS): Access to this system will permit viewing of index and
case status information, including familyi and unlawful detainer matters appearing in the District
Court. The system will identify the case-by-case type and will provide information on filing and
appearance activities, including whether or not the case is closed. There is also an attorney table
which provides information on all known attorneys on a case.
Sheriff Warrant System: tem: Access to this system will permit inquiry into the Sheriff's Warrant
System (Warrant System). This inquiry will be by name search and will provide warrant
related information, including warrant number, date, offense and other public data
contained in the Warrant System."
"In addition to the terms and conditions of Contract No. A01384, of which this Exhibit A
forms a part, it is also specifically agreed that access to and use of the Warrant System will
be governed by and subject to the following:
A. It is planned that mobile digital terminals will also be utilizing the Warrant System, and
the reasonable possibility exists that a great number of such mobile digital terminal accesses
could result in the overloading and slowing down of the computerized criminal justice
system of the County, which includes the Warrant System. In the event such overloading
should occur, the County, through the Hennepin County Sheriff (Sheriff), reserves the right
to suspend and/or allocate access to the Warrant System as follows:
1. If the Sheriff believes that due to said overloading there is the immediate need
to reduce access to the Warrant System, he may, upon oral notification to User, suspend
and/or apportion User's Warrant System access for a period not to exceed 144 hours from
the time of said notice, provided that the Sheriff shall immediately send to User a written
communication verifying and reiterating the contents of such oral notice. The Sheriff may
utilize as many 144-hour suspension/ allocation periods as he may deem the circumstances
reasonably require, provided that said oral and corresponding written notices are given for
each such period.
2. In addition to the right of the Sheriff to immediately suspend and/or apportion
Warrant System access because of system overloading, as aforesaid, the Sheriff for said
overloading may also suspend and/or apportion Warrant System access for indefinite or
specific time periods, as he may deem appropriate; provided that any such suspension or
allocation period shall not commence earlier than five (5) days following the date of receipt
by User of written notice from the Sheriff, which notice shall specify the date of
• `' commencement of any such suspension and/or allocation, the details thereof, and, in the
case of a specific time period, the date of its termination; provided further that for
suspensions and/or allocations of an indefinite period, the Sheriff may recommence User's
access to the Warrant System by giving to User written notification of the same.
3. The Sheriff shall monitor the circumstances surrounding the overload and/or
the problems which caused the same and shall cancel any aforesaid suspension or allocation
period and recommence User's Warrant System access, giving User prompt notice of the
same, whenever in his judgment the circumstances permit and/or such problems have been
adequately resolved. If the Sheriff determines that the circumstances do not permit
restoration of full access, the Sheriff may restore such access as he determines appropriate
until such time as he determines that restoration of full access is feasible, provided that
written notice of any such determination shall be promptly given to User.
4. The Sheriff may utilize any one or a combination of the aforesaid
suspension/allocation alternatives for as many times as he deems necessary in order to
achieve the herein stated purpose.
5. The rights of the Sheriff hereunder respecting the alleviation of overloading are
in addition to and not in limitation of similar rights of the County provided for in said
Contract No. A01384. However, in addition to any said rights of the County, the County, in
an effort to alleviate overloading problems which it determines to be contributed to by
User's access, may terminate User's Warrant System access through a particular telephone
line and require User - if User still desires Warrant System access - to install and use a new
dedicated line, with User paying the entire costs of such arrangement.
• 6. User shall have no claim whatsoever against the County, the Sheriff or their
officers, employees, agents or contractors respecting any aspect of any decision regarding
whether or not to suspend, allocate or terminate, as aforesaid.
7. The term "oral notification", as herein used, shall mean the oral communication
of the pertinent information to the Police Chief of the City of Bloomington or any one of his
police captains or the on-duty shift supervisor. Said information may be given to any of the
aforenamed persons either in person or by telephone at the following telephone number:
881-2333. User may change said telephone number by giving advance written notice of the
new telephone number to the Sheriff.
8. For purposes of the herein provisions, the term "Sheriff" shall mean the Sheriff
or his designee.
B. In cooperation with the efforts of the County to avoid intensifying problems associated
with the overcrowding of the Hennepin County Adult Detention Center (HCADC), User
hereby warrants and agrees that unless and until its Warrant System access is completely
terminated, as hereinabove provided in accordance with the termination or cancellation
provisions of the herein contract (No. A01384), and not merely suspended as hereinabove
set forth, User shall continue its current practice of detaining and transporting to a suburban
court from said HCADC all misdemeanants who are arrested or caused to be arrested by
Bloomington Police - whether or not as a result of information obtained from said Warrant
System - and who are unable to secure release from custody.
,7
. C. User agrees that all name matches or "hits" on warrant inquiries must be verified
telephonically by the Hennepin County Sheriff's Warrant Division before any enforcement
action or detention shall occur. Such verification shall include the ascertainment that the
warrants are currently on file and active within said Warrant Division, in particular whether
or not each warrant has been executed or cancelled. User also agrees that all conditions, i.e.,
nightcapped, etc., respecting each warrant are appropriately observed."
D. User shall be solely responsible for selecting obtaining, installing, maintaining, repairing
modifying and/or replacing any equipment used to access or attempt to access said Warrant
Files. Any such equipment shall herein after be referred to as "User Equipment". At User's
request, the County will furnish to User information concerning equipment which the
County reasonably believes to be compatible with the County's computer system. It will be
the User's responsibility to verify with the seller, manufacturer, distributor, etc. of the
equipment the accuracy of the information so furnished by the County and also to obtain
from any such entity any additional necessary information. The furnishing of such
information shall in no manner be construed as an expression of the County's guarantee or
warranty of the equipment's quality or performance or its compatibility with said computer
system. The County shall incur no liability whatsoever with respect to the furnishing or
content of said information or with respect to the equipment's quality, performance or
incompatibility. Information so received from the County shall not preclude User from
acquiring other equipment which User believes to be compatible with the computer system,
provided that the County shall in no manner be liable with respect to any resulting
incompatibility or in any other respect whatsoever.
User fully understands and agrees that the County may change, modify and/or replace
said computer system, any components thereof including, without limitation, any related .
• software or wiring or cabling, thus, perhaps necessitating replacement of, changes to,
and/or modification of User Equipment to access said computer system and that in any
such event the County will in no manner be liable for the costs in any respect associated
with User's equipment but that User shall bear the full costs thereof.
E. Although User's access to public information under said Contract No. A01384 is
ordinarily restricted to County business hours, warrant system access will be available to
User 24 hours a day, 7 days a week, except for scheduled and non-scheduled downtime.
F. Contractor agrees to abide by the provisions of the Minnesota Government Data
Practices Act and all other applicable state and federal laws, rules and regulations relating to
data privacy or confidentiality, and as any of the same may be amended. Contractor agrees
to defend and hold the County, its officers, agents and employees harmless from any claims,
liabilities, losses and damages in any manner resulting from:
1. Contractor's unlawful disclosure and/or use of such protected data, and/or
2. the County's authorization of User to access said Warrant System.
II. Usage Charge
A File Inquiry fee of $.0191 per transaction will be charged monthly for each inquiry to the
system.
3
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• III. Network Support Charge
The USER will be charged $325.00 monthly ($25.00 each-$19.00 basic and $6.00 host) for 13
workstations connected to Hennepin County's teleprocessing network. The USER will be charged
an additional $25.00 for each additional connection.
IV. Frame Relay
1. For purposes of the aforementioned contract (including this exhibit), the term "telephone
line(s)" includes without limitation any and all lines, cabling, communication circuits,
and/or data circuits in connection with the frame relay circuit and related equipment
and/or software.
2. User understands and agrees that the County will not be responsible in an manner for
accessing and linking any portion of User's frame relay circuit with lines and/or
connections owned or used by the County.
3. User understands and agrees that User, Logis and/or other person - not the County - will:
a. provide, maintain, diagnose and correct problems of, and support such frame relay
and its access link;
b. be responsible for the installation and configuration of the IBM 3270 emulation
software;
c. be responsible for the configuration of members wide area network to support the
bridging protocols required for access to the County;
d. diagnose and correct problems with the 3270 emulation software; provided that the
County when requested by User will render such assistance as the County deems it
reasonably can; such assistance shall be rendered only from County premises
consistent with the terms and conditions of said contract No. A01384; and
e. notify the County of planned outages that will affect User.
V. User Premises
City of Richfield Assessor
6700 Portland Avenue South
Richfield, MN 55423-2599
City of Richfield Police Department
6700 Portland Avenue South
Richfield, MN 55423-2599
4
4E
CITY OF RICHFIELD, MINNESOTA
• Council Letter No. 256
Agenda October 12, 1998
Issue Statement:
Consideration of a resolution regarding an agreement between the Office of Traffic
Safety in the Minnesota Department of Public Safety and the City of Richfield, Public
Safety Department, pertaining to the Safe & Sober Communities program.
Background:
The Public Safety Department, Police Division, submitted an application for the Safe &
Sober Communities program after being notified that funds are again available, if
approved, for the purpose of payment to officers for overtime. This overtime would be
used by the officers only on specific enforcement projects and programs which the
Department outline in the application.
Richfield has some of the highest traffic volumes in the state due to being bounded on
three sides by major highways and being bisected by 1-35W. Additionally, Penn,
Lyndale, Nicollet and Portland Avenues carry large amounts of traffic going into and out
of Minneapolis. Because of frequent traffic congestion on these routes, motorists
routinely use residential streets in an attempt to by-pass congested areas. This results
in a myriad of traffic violations and occasional accidents. Safe & Sober funds will be
• used for overtime identification and enforcement of these traffic concerns in addition to
D.U.I. enforcement, underage alcohol usage and safety restraint usage.
Recommended Motion:
Council approval of the attached resolution authorizing the acceptance of grant funds to
be used for the payment of overtime for officers involved in the Safe & Sober
Communities project.
Basis of Recommendation:
1. This will be the third year that Richfield Public Safety has been the recipient of
grant funds for the Safe & Sober Communities project.
2. Approval of the resolution would allow interested officers to be paid overtime for
work on the project beyond the normal range of their duties.
3. Traffic enforcement and accident reduction is a primary focus of the Public Safety
Department. Due to routine call loads, regularly scheduled officers frequently are
unable to devote adequate time to these areas. Approval of the resolution makes
available needed funds to cover costs associated with focusing on these areas.
Alternative Recommendation:
1. Council could disapprove the resolution which would void said agreement.
•
L4 tr? -i
Discussion/Decision Mode:
. Council approval of the resolution authorizing the acceptance of grant funds from the
Office of Traffic Safety in the Minnesota Department of Public Safety by the City of
Richfield, Public Safety Department, Police Division.
Respectfully submitted,
Ja D. Prosser
City Manager
JDP:ds
0
RESOLUTION NO.
qE-)-
RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY DEPARTMENT
ACCEPTANCE OF SAFE & SOBER COMMUNITIES GRANT FUNDS
WHEREAS, the Governor has designated the State of Minnesota, Office of
Traffic Safety in the Minnesota Department of Public Safety (hereinafter called the
STATE) as the agency responsible for administration of a project entitled Safe & Sober
Communities; and
WHEREAS, the STATE is authorized to make contracts from state funds to
qualified applicants; and
WHEREAS, the City of Richfield, Public Safety Department (hereinafter called
the GRANTEE), is authorized to accept state funds for overtime for traffic enforcement
programs; and
WHEREAS, GRANTEE represents that it is duly qualified and willing to carry out
the tasks described above.
NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enters into a
cooperative agreement with the Office of Traffic Safety in the Minnesota Department of
Public Safety for the project entitled Safe & Sober Communities. James D. Prosser,
City Manager, is hereby authorized to execute such agreements as are necessary to
implement the project on behalf of the City of Richfield, Department of Public Safety.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
October, 1998.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
Lin
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 255
Agenda October 12, 1998
Issue Statement:
Consideration of a resolution authorizing continued participation in the Livable
Communities Act programs which are administered by the Metropolitan Council.
Background:
The Livable Communities Program (also known as "The Local Housing Incentive
Account Program") is a 15-year strategy for communities in the region to develop a
more diverse housing stock. The state legislature requires communities to annually
renew their resolution to participate through the Metropolitan Council - administered
program. The City has renewed for the last three years, and participation keeps
Richfield competitive in securing state and regionally distributed funds. The goals of a
diverse housing stock for Richfield remain unchanged:
• More market rate new construction and remodeled homes which are being provided
through the Richfield Rediscovered program.
• Development of townhouses and other life cycle and replacement housing choices;
redevelopment at Richfield Lake, the PASSS district and Interchange West are all
opportunity areas. (Richfield is competing for a Livable Communities planning grant
• that will introduce fiber optic technology into housing centers and adjacent housing
of Interchange West.)
• A greater variety of apartment choices. Earlier this year, the City received a
$575,000 Livable Communities grant award from the Metropolitan Council for an
apartment remodeling program. The program was approved by the HRA in June
and is underway.
• Affordable housing opportunities -- the HRA's first-time home buyer, vo-tech and
Habitat for Humanity projects -- are continuing.
Given the loss of housing units in recent years and the redevelopment opportunities
being considered by the HRA, the addition of 500 units by 2001 is appropriate. The
goals statement, as originally approved in 1996, is attached.
Recommended Motion:
Adopt the resolution to continue participating in 1999 in the Local Housing Incentive
Account Program under the Metropolitan Livable Communities Act.
Basis of Recommendation:
1. Program participation and established goals for Richfield remain consistent with
community goals. The Metropolitan Council supports the goals.
2. Participation keeps Richfield competitive in securing state and regional community
development resources.
4D- I
Alternative Recommendation:
1. Withdraw from participation.
2. Modify the goals.
Discussion/Decision Mode:
The Metropolitan Council must be informed of Richfield's plans to participate prior to
November 15, 1998. This has been placed on the Consent Calendar for the October
12, 1998 Council agenda.
Respectfully submitted,
James rosser
City Ma ger
JDP:cak
•
RESOLUTION NO. L48-a
to RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL
HOUSING INCENTIVE ACCOUNT PROGRAM UNDER THE METROPOLITAN
LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1999
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes
Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund
which is intended to address housing and other development issues facing the
Metropolitan Area defined by Minnesota Statues Section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax
Base Revitalization Account, the Livable Communities Demonstration Account and the
Local Housing Incentive Account, is intended to provide certain funding and other
assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or
loans under the Metropolitan Livable Communities Fund or eligible to receive certain
polluted sites cleanup funding from the Minnesota Department of Trade and Economic
Development unless the municipality is participating in the Local Housing Incentives
Account Program under the Minnesota Statues Section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan
Council to negotiate with each municipality to establish affordable and life-cycle housing
goals for that municipality that are consistent with and promote the policies of the
Metropolitan Council as provided in the adopted Metropolitan Development Guide; and
WHEREAS, each municipality must identify to the Metropolitan Council the
actions the municipality plans to take to meet the established housing goals through
preparation of the Housing Action Plan; and
WHEREAS, a metropolitan area municipality which elects to participate in the
Local Housing Incentives Account Program must do so by November 15 of each year;
and
WHEREAS, for calendar year 1999, a metropolitan area municipality that did not
participate in the Local Housing Incentive Account during the calendar year 1998, can
participate under Minnesota Statues Section 473.254 only if: (a) the municipality elects
to participate in the Local Housing incentives Account Program by November 15, 1998;
and (b) the Metropolitan Council and the municipality have successfully negotiated
affordable and life-cycle housing goals for the municipality.
0
qb-3
NOW, THEREFORE, BE IT RESOLVED that the City of Richfield hereby elects
to participate in the Local Housing Incentives Program under the Metropolitan Livable
Communities Act during the calendar year 1999.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
October, 1998.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0
? Process statement for achieving qt)-q
Richfield housing goals
1996-2010
In response to the City ofRichfield Metropolitan Livable Communities Act, the City ofRichfield and
Metropolitan Council have entered into a 15 year housing goal strategy based on "City Index" and "Benchmark"
standards developed by the Metropolitan Council. The City ofRichfield is challenged to accomplish the
following four objectives:
O Increase the ownership ratio of market rate homes to affordable homes.
To make progress toward a 15 year goal by 2001, 500 more homes over $115,000 should
be provided by public and private initiatives. These goals, performance, and resources would be
reviewed in 2001 and 2006.
® Increase the ratio of higher rent units to affordable rent units.
To make progress toward a 15 year goal by 2001, 250 units should have higher market
values. These goals, performance, and resources should be reviewed in 2001 and 2006.
m Increase the ratio and variety of ownership choices if possible.
® Increase housing density from the present "City index" if possible.
r
•
IL
Q-5 Housing Goals Agreement
Metropolitan Livable Communities Act
PRINCIPLES
The City of Richfield supports:
m A balanced housing supply, with housing available for people at all income levels.
O The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing
within the communhy.
m A variety ofhousing types for people in all stages ofthe Iife-cycle.
O. A community ofwell-maintained housing and neighborhoods, including ownership and rental housing.
® Housing development that respects the natural envirormierrt ofthe coma mitt' while striving to
accommodate the need for a variety of housing types and costs.
® The availability of a full range ofservices and facilities for its residents, and the improvement of access
to and linkage between housing and employment.
GOALS
To carry out the above housing principles, the City ofRichfield agrees to :
¦ Use benchmark indicators for communities of similar location and stage ofdevelopment as affordable
and life-cycle housing goals for the specified periods.
¦ Make its best efforts, given market conditions and resource availability, to remain within or make
progress toward these benchmarks.
¦ These goals will be reviewed by the Richfield Housing and Redevelopment Authority (HRA) in 2001
and 2006.
0
CITY INDEX BENCHMARK RICHFIELD GOAL
FOR RICHFIELD (1996 to 2n1 nl i eec ._
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 254
Agenda October 12, 1998
4C-
• Issue Statement:
Setting a date for a Special City Council Meeting to be held to consider a resolution
declaring the results of the General Election which will be held on Tuesday, November
3, 1998.
Background:
The General Election will be conducted on Tuesday, November 3, 1998. The City
offices of Mayor and Council Member at Large will be on the ballot.
The Richfield City Charter states that the Council shall meet and canvass the election
returns and shall make full declaration of the results as soon as possible, and file a
statement thereof with the City Clerk. Minnesota Statutes state that within two days
after an election, the governing body shall canvass the returns and declare the results
of the election.
Recommended Motion:
To approve the date of Thursday, November 5, 1998 at 5:30 p.m. for a Special City
Council Meeting to be held to consider a resolution declaring the election results of the
November 3, 1998 General Election.
Basis of Recommendation:
1. City Charter and State law requires that the City Council declare the results of the
election.
2. A Special City Council Meeting is needed to canvass the election results.
Alternative Recommendation:
The City Council could choose a different time for the Special City Council Meeting.
Discussion/Decision Mode:
This matter has been scheduled for consideration at the October 12, 1998 City Council
Meeting.
Respectfully submitted,
Ja D. Prosser
City Manager
0 JDP:cak
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 253 CIA
Agenda October 12, 1998
Issue Statement:
Resolution appointing high school student trainee election judges for the November 3,
1998 General Election.
Background:
Minnesota Statute 204B. 19, Subd. 6 provides that a student enrolled in a high school in
Minnesota who has attained the age of 16 is eligible to be appointed as a without parry
affiliation trainee election judge in the municipality in which the student resides. The
student must meet qualifications for trainee election judges specified in rules of the
secretary of state. A student appointed as a trainee election judge may be excused
from school attendance during the hours that the student is serving as a trainee election
judge if the student submits a written request signed and approved by the student's
parent or guardian to be absent from school and a certificate from the appointing
authority stating the hours during which the student will serve as a trainee election
judge to the principal of the school at least ten days prior to the election. The principal
of the school may approve a request to be absent from school conditioned on
acceptable academic performance and the requirement that the student must have
completed or be enrolled in a course of study in government at the time of service as a
trainee election judge.
S The City utilized high school student trainee election judges in the 1994 and 1996
elections. The City Clerk's office again has worked with Richfield High School and the
Academy of Holy Angels to facilitate student participation in the high school student
trainee election judge program for the November 3, 1998 General Election.
The City Clerk's office has received a list of students who are eligible and able to serve
as student trainee election judges for the Tuesday, November 3, 1998 General
Election.
Recommended Motion:
Adopt the attached resolution appointing high school student trainee election judges for
the General Election to be held on Tuesday, November 3, 1998.
Basis of Recommendation:
1. High school student trainee election judges are authorized by Minnesota State
Statute 204B. 19, Subd. 6.
2. The proposed resolution contains the names of students who have indicated a
willingness and ability to serve as a high school trainee election judge for the
November 3, 1998 General Election.
Alternative Recommendation:
1. The City Council could chose not to appoint the students who are named in the
resolution.
Di 46-4 ion/Decision Mode:
It is recommended the City Council pass the attached resolution at this meeting so that
certificates can be issued to the students, training can be scheduled, and assignment to
precincts be accomplished for the November 3 General Election.
Respectfully submitted,
Ja a Prosser
Cit anager
JDP:cak
•
0
RESOLUTION NO. AJ
RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE
ELECTION JUDGES FOR THE
GENERAL ELECTION OF NOVEMBER 3, 1998
WHEREAS, a General Election will be held on Tuesday, November 3, 1998.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Richfield, that the following are hereby appointed as high school student trainee
election judges for said election:
Lynn Anderson Teresa Johnson Mike Petersen
Karla Bass Eada Johnson Jenny Peterson
Meghan Baumbach Matt Karnas Jessica Peterson
Alison Best Stacie Kavkhoff Annie Phothisanh
Jenna Bolmgren Angela Kentom Adam Quale
Kaylyn Breid Brenna Knights Karla Rodriquez
Kenny Brown Sarah Kriesel-Koll Ethan Russell
Krista Cedergren Liz Krohn Amanda Ryan
Ryan Comstock Nicole Lamosse Ryan Sabouneh
Katie Davy Amy Lenarz Karin Sharpe
Beth Denning Tina Lewis Candi Sietsema
Andy Dols Joe Loweth Sarah Smith
• Irene Dorweiler
Kimberly Eason Talana Lumsden
Brianna Lund Ryan Solarz
Det Sorthepharack
Kory Ellingson Darla Ly Jennifer Steele
Candice Ellis Josh Martin Michelle Steensland
Leon Evans Chad Mollen Justin Straub
Jenny Farnell Robin Moore Michelle Taylor
Ann Francis Katie Moser Lynnae Thompson
Chris Franklin Katie Newberger Brad Webber
Kelly Gleason Die Nguyen Sara Wekseth
Joe Grue Michelle Ninart John Wheeler IV
Elizabeth Hanson Joe Norgaard Steve Wozniczka
Heather Harrison Nate Olsen
Mark Jenstad Jamie Ommen
PASSED by the City Council of Richfield, Minnesota t his 12th day of October,
1998.
Martin J. Kirsch Mayor
ATTEST:
•
Thomas P. Ferber City Clerk
iqlq
•
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 252
Agenda October 12, 1998
Issue Statement:
To approve a resolution authorizing execution of agreement for "Mighty Ducks" Grant
Agreement for the construction of a second ice sheet.
Background:
The City Council on May 11, 1998 approved Resolution No. 8575 approving an
application to be made to the State of Minnesota, Minnesota Amateur Sports
Commission for a $250,000 "Mighty Ducks" Grant for the purpose of constructing a
second ice sheet.
On August 24, 1998 the City Council approved the construction of a second ice sheet at
the estimated cost of $2.8 million. This project is scheduled to begin in the fall of 1998
with completion targeted for September 1999.
The City of Richfield has been notified that the City has been awarded a $125,000
"Mighty Duck" Grant subject to the requirements of the Minnesota Amateur Sports
Commission Grant contract requirements and contract laws of Minnesota for this
project. In addition, the City of Richfield would receive an additional $125,000 for the
project if additional funds are appropriated in 1999.
The City must now take formal action to receive this grant.
Recommended Motion:
To approve a resolution authorizing the City to accept the $125,000 "Mighty Ducks"
Grant and execution of the grant agreement.
Basis of Recommendation:
1. This documentation must be formally executed in order to receive the grant funding.
2. The $125,000 grant will reduce the debt service on the second ice sheet.
3. There is the potential of receiving an additional $125,000 in 1999.
4. If the City is to accept this grant it must do so prior to a deadline of October 31,
1998 or it will lose the funding.
Alternative Recommendation:
The Council could decide not to accept the $125,000 grant.
4A-1
Discussion/Decision Mode:
This item is scheduled on the consent calendar for the Council meeting of October 12,
1998. Action is requested at this time to assure documents are submitted by the
October 31, 1998 deadline.
Respectfully submitted,
Jam s . Prosser
City nager
JDP:ds
•
0
RESOLUTION NO. q*- L
. RESOLUTION AUTHORIZING THE ACCEPTANCE OF "MIGHTY DUCKS" GRANT
AND AUTHORIZING EXECUTION OF AGREEMENT
WHEREAS, the City of Richfield in 1998 applied for a "Mighty Ducks" Grant for
the construction of the second ice sheet; and
WHEREAS, the City Council of the City of Richfield has authorized the
construction of a $2.875 million second ice sheet with work commencing in the fall of
1998; and
WHEREAS, the City of Richfield has been notified by the Minnesota Amateur
Sports Commission that the City of Richfield has been awarded a $125,000 1998
"Mighty Ducks" grant with the potential of receiving an additional $125,000 grant in
1999 if additional funds are available; and
WHEREAS, the City of Richfield must formally accept the grant and authorize
the Mayor and City Manager to execute all contract and related documents necessary
for the processing of this grant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield the City of Richfield enter an agreement with the State of Minnesota for the
"Mighty Ducks" Grant to be conducted during the period from November 1998 through
September 1999.
James D. Prosser is hereby authorized to sign and execute such agreements as are
necessary to implement the project on behalf of the Grantee.
I certify that the above resolution was adopted by the City Council of the City of
Richfield, Minnesota on this 12th day of October, 1998. 1 further certify that James D.
Prosser is the present City Manager of Grantee and that the following is a specimen of
his signature.
SIGNED:
James D. Prosser, City Manager
Martin J. Kirsch, Mayor
WITNESSED:
0 ATTEST:
Thomas P. Ferber, City Clerk
q)9-3
THIS grant contract, and amendments and supplements thereto, is between the State of Minnesota,
acting through its Amateur Sports Commission (hereinafter STATE) and the City of Richfield
(hereinafter GRANTEE), witnesseth that:
WHEREAS, the STATE, pursuant to Minnesota Statutes Section 240,.09 and 1998 Minn. Laws
ch. 404, sec. 15, subd. 6 is empowered to promote the development of proposals and award grants
for new statewide public ice facilities and for renovation of existing ice arenas; and
WHEREAS, on or about April 20, 1998, the STATE issued a Request for Proposals ("UP.")
seeking proposals from eligible GRANTEES interested in building or renovating public ice arenas;
and
WHEREAS, GRANTEE's proposal was among those selected to receive grant funds to finance the
construction or renovation of an ice arena; and
WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set
forth herein,
NOW, THEREFORE, it is agreed:
1. GRANTEE'S DUTIES. GRANTEE shall construct a new public ice arena or
renovate an existing public ice arena in accordance with the terms, conditions and specifications set
forth in the STATE's RFP and GRANTEE's proposal, which shall be read together, attached hereto
and incorporated by referenced as Exhibit A.
II. CONSIDERATION AND TERMS OF PAYMENT
A. The total obligation of the STATE for all compensation and reimbursements
to GRANTEE's shall be and shall not exceed one hundred and twenty five thousand dollars
($125,000).
B. Terms of Payment. Payment shall be made by the STATE promptly after
GRANTEE's presentation of evidence documenting that at least twenty-five percent (25%) of the
construction or renovation of the public ice arena has been completed and paid for with funds other
than this grant award. Such evidence shall be submitted in a manner prescribed by the STATE, and
shall constitute compliance with the match requirement set forth under Minn. Stat. 240A.09(b).
III. CONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to
this grant contract shall be performed to the satisfaction of the STATE, as determined at the sole
discretion of its'authorized representative, and in accord with all applicable federal, state, and local
laws, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by
IS the STATE to be unsatisfactory, or performed in violation of federal, state or local laws, ordinances,
rules or regulations.
IV. TERMS OF CONTRACT. This grant contract shall be effective on June 22, 1998
or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat.
16B.06, subd. 2, whichever occurs later, and shall remain in effect until Tune 30, 2000, or until all
obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first.
V. CANCELLATION. Prior to disbursements of funds, this grant contract may be
canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days
written notice to the other party. If the STATE finds that there has been a failure to comply with the
provisions of this agreement, that reasonable progress has not been made, or that the purposes for
which the funds were granted have not been or will not be fulfilled, the STATE may take action to
protect its interests, including requiring the return of all or part of the funds already disbursed.
VI. STATE'S AUTHORIZED REPRESENTATIVE. The STATE's authorized
representative for the purpose of administration of this grant contract is Paul Erickson or his
successor in office. The GRANTEE's authorized representative for purposes of administration of
this grant contract is Alan K. Payne . The GRANTEE's authorized
representative shall have full authority to represent GRANTEE in its fulfillment of the terms,
conditions and requirements of this grant contract.
VII. ASSIGNMENT. GRANTEE shall neither assign no transfer any rights or obligations
under this grant contract without the prior written consent of the STATE.
VIII. AMENDMENTS. Any amendments to this grant contract shall be in writing, and
shall be executed by the same parties who executed the original grant contract, or their successors
in office.
IX. LIABILITY. GRANTEE agrees to indemnify and save and hold the STATE, its
representatives and employees harmless from any and all claims or causes of action, including all
attorney's fees incurred by the STATE, arising from the performance of this grant contract by
GRANTEE or GRANTEE's agents or employees. This clause shall not be construed to bar any legal
remedies GRANTEE may have for the STATE's failure to fulfill its obligations pursuant to this
grant contract.
X. STATE AUDITS. The books, records, documents, and accounting procedures and
practices of the GRANTEE relevant to this grant contract shall be subject to examination by the
STATE and the Legislative Auditor.
XI. DATA PRACTICES ACT. The GRANTEE agrees to comply with the Minnesota
Data Practices Act as it applies to all data provided by the STATE in accordance with this grant
contract and as it applies to all data created, gathered, generated or acquired in accordance with this
grant contract.
XII. PUBLICITY. Any publicity given to the program, publications, or services provided
resulting from this grant contract, including, but not limited to, notices, informational pamphlets,
press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE
or its employeesindividually or jointly with others, or any subgrantees shall identify the STATE as
a sponsoring agency and shall not be released without prior approval by the STATE's authorized
representative.
)(III. ANTITRUST. GRANTEE hereby assigns to the State of Minnesota any and all
claims for overcharges as to goods and/or services provided in connection with this contract resulting
from antitrust violations which arise under the antitrust laws of the United States and the antitrust
laws of the State of Minnesota.
XIV. PREVAILING WAGE. GRANTEE hereby acknowledges that acceptance of this
grant expressly subjects its construction or renovation or prevailing wage rate statutes (Minn. Stat.
177.41, et seq.).
XV. JURISDICTION AND VENUE. This grant contract, and amendments and
supplements hereto, shall be governed by the laws of the State of Minnesota. Venue for all legal
proceedings arising out of this grant contract, or breach thereof, shall be in the state or federal court
with competent jurisdiction in Ramsey County, Minnesota.
XVI. GRANTEE SIGNATURES. GRANTEE certifies that authorized person(s) have
executed the grant contract on behalf of the GRANTEE as required by applicable articles, by-laws
or resolutions.
XVII. OTHER PROVISIONS. (Attach additional pages as necessary.)
IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed.
•
APPROVED:
1. GRANTEE:
By
2. STATE AGENCY:
By
Title Title
Date Date
As to form and execution
By 3. ATTORNEY GENERAL
Title By
Date Date
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