1-22-96 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, JANUARY 22, 1996
SPECIAL CITY COUNCIL MEETING
6:30 P.M.
LOBBY CONFERENCE ROOM
CALL TO ORDER
INTERVIEW OF PERSONS INTERESTED IN SERVING ON CITY'S BOARDS
AND COMMISSIONS
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
0 CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF THE (1) SPECIAL CITY COUNCIL MEETING OF
JANUARY 8,1996; (2) REGULAR CITY COUNCIL MEETING OF JANUARY 8,1996;
AND (3) SPECIAL CITY COUNCIL MEETING OF JANUARY 9, 1996
PRESENTATION
1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT
ON THE AGENDA
AGENDA APPROVAL
2. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
3. 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 PROFESSIONAL SERVICES AND
DESIGN CONTRACT WITH TUSHIE MONTGOMERY ASSOCIATES, INC.
FOR FOURTH MUNICIPAL LIQUOR STORE, 7700 LYNDALE AVENUE C.L.
24
B. CONSIDERATION OF APPROVAL OF PAYMENT IN EXCESS OF $5,000
FOR LEGAL EXPENSES TO LEAGUE OF MINNESOTA CITIES INSURANCE
TRUST IN AMOUNT OF $5,208.13 C.L. 25
C. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR WATER USE UNDER 1995 MINNESOTA DEPARTMENT OF NATURAL
RESOURCES WATER APPROPRIATION PERMIT IN AMOUNT OF $5,975.11
U
C.L. 26
D. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR STREET SWEEPER UNDER STATE OF MINNESOTA PURCHASING
AGREEMENT FROM MACQUEEN EQUIPMENT, INC. IN AMOUNT OF
$96,795.17 C.L. 27
E. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR ONE SINGLE AXLE DUMP TRUCK UNDER STATE OF MINNESOTA
PURCHASING AGREEMENT FROM BOYER FORD TRUCKS, INC. IN
AMOUNT OF $60,845.00 C.L. 28
F. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR INSTALLATION OF COLUMN PIPES AND PUMP FOR WELL #6 FROM
KEYS WELL DRILLING CO. IN AMOUNT OF $10,350 C.L. 29
G. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR 1996 BOULEVARD TREE PLANTING FROM BACHMAN'S NURSERY
WHOLESALE CENTER IN AMOUNT OF $8,520 C.L. 30
H. ESTIMATE #1 PAYMENT FOR REDEVELOPMENT OF WELL #6; E.H.
RENNER & SONS; $8,607.50
1. CONSIDERATION OF APPROVAL OF THE FOLLOWING 1996 LICENSES:
• CITY OF RICHFIELD: NEW GARBAGE HAULER, 1 VEHICLE
• BLUE & WHITE TAXI: 1 VEHICLE
• YELLOW TAXI SERVICE CORP: 8 VEHICLES
PUBLIC HEARINGS
•
4. PUBLIC HEARING AND CONSIDERATION OF REQUEST FOR NEW 1996 ON-
SALE AND SUNDAY LIQUOR LICENSE FOR DF&R OPERATING COMPANY,
INC., D/B/A DON PABLO'S, 980 WEST 78TH STREET
COUNCIL LETTER NO. 31
0 5. CONSIDERATION OF REQUEST FOR NEW 1996 MOTOR VEHICLE
DEALER'S LICENSE FOR BLARNEY MOTORS, 6529 PENN AVENUE
COUNCIL LETTER NO. 32
PROPOSED ORDINANCE
6. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO
CHANGE CITY CHARTER TO REFLECT CURRENT STATE LAW WITH
RESPECT TO CONTRACT BID LAW
COUNCIL LETTER NO. 33
ADMINISTRATIVE REPORTS AND OTHER BUSINESS
7. RECONSIDERATION OR DEFERRAL OF NEW COMMERCIAL KENNEL
LICENSE FOR VETSMART PET HOSPITAL AND HEALTH CENTER; 1100
WEST 78TH STREET
COUNCIL LETTER NO. 34
8. CONSIDERATION OF APPOINTMENTS TO VARIOUS ADVISORY BOARDS
0 AND COMMISSIONS
COUNCIL LETTER NO. 35
AIRPORT BUSINESS
9. AIRPORT STATUS REPORT
CORRESPONDENCE
10. LEGISLATIVE REPORT
COUNCIL CHOICE
11. COUNCIL DISCUSSION ITEMS
12. CLAIMS AND PAYROLLS
13. 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.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. -:0 35
Agenda January 22, 1996
Issue Statement:
Consideration of appointments to various Advisory Boards and Commissions.
Background:
Several terms of City Board and, Commission Members expire on January 31, 1996. In
addition, there is one vacancy due to a mid-term resignation. Vacancies were
advertised in the Richfield Sun Current and on cable television channel 34.
Applicants were interviewed on January 9 and 22, 1996.
Recommended Motion:
Appoint persons to fill the terms on the various Boards and Commissions.
Basis of Recommendation:
1. Terms of several Board and Commission Members expire on January 31, 1996.
2. In order to assure quorums for future meetings, appointments should be made at
this time.
Alternative Recommendation:
1. Defer appointments to a later Council meeting.
Discussion/Decision Mode:
This item is placed on the January 22, 1996 Council agenda for Council consideration.
Appointments will become effective February 1, 1996.
Respectfully submitted,
Jam . Prosser
City anager
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CITY OF RICHFIELD, MINNESOTA
is Council Letter No. 34
Agenda. January 22, 1996
Issue Statement:
Reconsideration or deferral of a new commercial kennel license for Vetsmart Pet
Hospital and Health Center, 1100 West 78th Street.
Background:
At the January 8, 1996 regular City Council meeting, the Council considered an
application for a commercial kennel license for Vetsmart Pet Hospital and Health Center
with Barbara Wientraub, D.V.M., as the applicant. After presentations by the .
applicant's representatives and Gary S. Persian, an attorney representing some local
veterinarians, the Council requested additional information and directed the issue be
brought back at the January 22, 1996 meeting.
Petsmart has retained two legal firms to review licensing and zoning issues. After a
review of issues raised at the City Council meeting of January 8, the attorneys for
Petsmart have requested that their applications be withdrawn and resubmitted. The
purpose of the resubmission is to respond to questions raised by City Council Members
at the January 8 meeting.
• Recommended Motion:
Accept Petsmart's request to withdraw application for commercial kennel license.
Basis of Recommendation:
1. Applicant has requested that their application be withdrawn.
2. The applicant has requested additional time to resubmit the application in
response to Richfield's request.
3. The City and applicant are reviewing zoning issues raised at the January 8
Council meeting.
Alternative Recommendation:
1. Deny the license. This would require that the Council would need to prepare the
basis for denial (finding of fact).
Discussion/Decision Mode:
This matter is presented for consideration at the January 22 Council meeting.
Respectf submitted,
James .-'-??rosser
City Manager
JDP:ds
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 33
Agenda January 22, 1996
Issue Statement:
First reading consideration of an ordinance amendment to change the City Charter to
reflect current state law with respect to the Contract Bid Law.
Background:
For several years the City Charter followed the State Statutes regarding the Contract
Bid Law. During that period of time, both the City Charter and the State Statutes
required that a formal sealed bidding process be used for all municipal contracts in
excess of $15,000.
The statutory sealed bidding threshold has been periodically increased to reflect
inflation. The City Charter has also been changed periodically to match increases in
the state law. However, the Charter provisions pertaining to the sealed bidding
threshold have not been amended since 1983 and have fallen far below the current
statutory threshold for competitive sealed bids. While the Charter still requires sealed
bidding at the $15,000 threshold, the statutory threshold was increased to $25,000 in
the early 1990s.
• In order to amend the Charter, the City Council must first review a proposed ordinance
to amend the Charter, then forward it to the Charter Commission with a request that
they make a recommendation on the matter. The Charter Commission then reviews the
proposed ordinance and sends it back to the City Council with their recommendation.
The City Council then gives the ordinance a first reading and sets a public hearing and
second reading of the proposed ordinance. At the second reading, the proposed
ordinance must pass by unanimous vote of the entire City Council in order to
accomplish the change in the City Charter.
In addition, the Charter also requires that the City Manager may make or let contracts
or sales for under $10,000 and may make contracts and/or sales for in excess of
$10,000 but less than $15,000 provided the City Manager first secures City Council
approval.
Further complicating this issue is Resolution 6847 from December 1983 which states
that all purchases in excess of $5,000 but below $10,000 shall be made only after the
City Manager notifies the City Council on a City Council agenda. In practice, this
becomes another level of approval as a consent calendar item.
At the November 27, 1995 City Council meeting, the City.Council first considered this
issue and forwarded the following to the Charter Commission for their review:
• 1. A proposed charter amendment which would adopt Minnesota Statutes, Section
471.345, Subd. 3 by reference. This statute provision sets forth the Uniform
Municipal Contracting Law.
The Charter Commission has now completed its review of the proposed ordinance
amendment to the City Charter and has forwarded a letter to the City Council
recommending that the ordinance change be implemented. A copy of the letter is
attached to this Council Letter.
The affect of the Charter amendment, as proposed, would establish the State Statute
as a basis for making contract purchases and remove the Charter requirement for pre-
approval authority of the City Council for amounts between $10,000 and $15,000.
However, the City Council could establish any pre-approval process or dollar threshold
desired through a resolution relating to purchasing practices.
The draft resolution would not reinstate pre-approval authority, but would instead
establish a formal notification process for purchases between $10,000 and $25,000.
No action on the resolution is recommended until after the Charter amendment issue
has been concluded.
Recommended Motion:
• Adopt the proposed ordinance amendment to change the City Charter regarding
competitive bidding and set the public hearing and second reading for February 26,
1996.
Basis of Recommendation:
1. The State Statutes were amended to increase the threshold for sealed competitive
bidding of municipal contracts from $15,000 to $25,000. Prior to that increase the
City Charter had mirrored the State Statutes with respect to the sealed bidding
threshold.
2. Both the City Attorney and the City's auditors, Deloitte & Touche, have
recommended that the City change the current City Charter provision to increase
the competitive sealed bidding threshold from $15,000 to $25,000 to match the
statute.
3. Preparing specifications and bidding contracts is a time consuming and costly
process. Contracts under $25,000 would be more efficiently handled through a
process of obtaining competitive quotations as is now the case for City projects
under $15,000.
4. For ease of administration and clarity, it is desirable to have a competitive sealed
bidding threshold which is equal to that of the State Statute. To that end, both the
• current Charter provision and related resolution should be reviewed.
(0- C2-
5. 0 The City Charter Commission has reviewed the proposed ordinance amendment
to the City Charter and has recommended its adoption.
Alternative Recommendation:
1. The City Council may decide not to further consider this proposed change to the
City Charter.
2. The City Council may decide to consider increasing the sealed bidding threshold
to an amount different than the one suggested in the proposed ordinance.
Discussion/Decision Mode:
Discussion of this item is suggested at the City Council meeting of January 22. The
process to change the City Charter would require several months to complete. It would
be desirable to implement the new threshold as soon as possible if the City Council
approves such a change.
Respectful) submitted,
James rosser
City Ma a er
• JDP:cak
Copy: Shirley Johnson, Charter Commission President
0
?-3
• RESOLUTION NO.
RESOLUTION RELATING TO PURCHASING PRACTICES
IN THE CITY OF RICHFIELD AMENDING RESOLUTION
WHEREAS, the City Manager of the City of Richfield has purchasing authority
pursuant to the City Charter and Administrative Ordinance Code; and
WHEREAS, the City Council desires to be made aware of certain purchases in
addition to inclusion in the Claims and Payroll process; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
All purchases of the City of Richfield which are in excess of $10,000 but below
$25,000 shall be forwarded to the City Council in a memorandum to be included
with City Council agenda materials.
Adopted by the City Council of the City of Richfield, Minnesota this day of
. 1996.
C:
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
?-q
0 BILL NO.
AN ORDINANCE RELATING TO CITY GOVERNMENT:
AMENDING CHAPTER 6 OF THE RICHFIELD CITY CHARTER
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background: findings: authority.
1.01. The City of Richfield (City) is governed by a home rule charter adopted pursuant
to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410
(Act).
1.02. The Charter Commission of the City has proposed the adoption of an
amendment (Amendment) to Chapter 6 of the charter and recommended to the City
Council that the Amendment be adopted by the City Council ordinance in the manner
prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is
set out in Section 2.02.
1.03. A public hearing on the Amendment was held on , 1996 by
the City Council after two weeks' published notice containing the text of the Amendment
as required by the Act. The notice contained a brief description of the nature and scope
of the Amendment. All persons desiring to be heard with reference to the Amendment
were heard at the public hearing.
1.04. The Council finds and determines that it is in the best interests of the City and its
inhabitants that the Amendment be adopted.
Sec. 2. Adoption: effective date: filing.
2.01. The Amendment as proposed by the Commission is adopted.
2.02. The text of the proposed amendment is as follows:
Chapter 6 of the City Charter is amended in the following respects:
1) by amending Section 6.05 to read:
Section 6.05. Purchase and Contracts. The remity MaRa9er may make „r
let ooptroots for the pUroha a eF sale of supplies, materials enuiprrmeRt or the
per en I pmperty, eF for the pumsha a of personal sepVinec when the emeuRt of
' same may be made eF let by the Gity
is the p? se of pert onal sepiioes an evoee a same_ shall be made e
J
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let . Every
contract for the sale or purchase of merchandise, materials or equipment, or the
alteration thereof, or for the construction, alteration, repair or maintenance of real
or personal property, where the amount involved is more than $15,9 the dollar
amount contained in Minnesota Statutes, Section 471.345, Subd. 3. shall be let
only by the City Council upon the recommendation of the City Manager to the
lower responsible bidder, YRIess the G,,URGil shall ethenwa a pFeyide by
. The Council may, however, reject any and all bids.
Subject to the provisions of the Charter, and other applicable law, the Council
may by ordinance or by resolution adopt further regulations for making of bids
and letting of contracts. All other GGRtFaGt shall he let by the GO RGil
2) By repealing Section 6.06 thereof in its entirety.
2.03. This ordinance is effective ninety (90) days after its publication, except that
if within sixty (60) days after publication a petition requesting a referendum on this
ordinance, signed by the number of registered voters of the City required by the Act is
filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the
voters voting on the question of its adoption at the special election called by the Council
for that purpose.
2.04. On the effective date of the Amendment, the City Clerk is authorized and
directed to file copies of the Amendment with the Secretary of State of the State of
Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the
certificate required by Section 410.11 of the Act.
Passed by the City Council of the City of Richfield, Minnesota this day of
1996.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
RECEIVED JAN 1 7 1996
•
January 9, 1996
James D. Prosser
City of Richfield
6700 Portland Avenue
Richfield MN 55423-2599
Re: Amendment of Section 6.05 of the City Charter
Dear Mr. Prosser:
On December 12, 1995, the Charter Commission for the City of Richfield reviewed the
proposed revision to Section 6.05 of the Richfield Charter concerning purchase and
contracts as that change is described in the ordinance provided to the Charter
Commission in your November 30, 1995, letter to the previous President, Richard
Starleaf. At the December 12, 1995, meeting, the Charter Commission approved the
proposed ordinance amending Section 6.05, 10-0 which is a two-thirds vote of the total
Commission. At its annual meeting of January 9, 1996, the Commission approved the
minutes of the December 12, 1995, meeting, thus affirming the vote.
The Charter Commission recommends the City Council adopt the ordinance as proposed
whereby the amount of a contact that needs to be bid is tied to state statute. .
Very truly yours,
Shirley on
President, Richfield Charter Commission
•
5
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 32
Agenda January 22, 1996
Issue Statement:
Consideration of a request for a new 1996 motor vehicle dealer's license for Blarney
Motors, 6529. Penn Avenue.
Background:
On December 22, 1995, the City received the new application and other required
documents for the motor vehicle dealer's license for Blarney Motors. The applicant has
paid the required license fee.
The location on Penn Avenue has been occupied for the past couple of years by other
used car dealers.
The most recent dealer was in constant violation of an agreement with the City by
exceeding the 30 cars on the lot. It was not uncommon that the lot contained more
than 50 cars on a regular basis.
This site was originally an Arby's fast food restaurant. Over the years, because of the
county improvements to Penn Avenue and the City not allowing a drive through
restaurant due to traffic congestion and noise concerns, the owner of the property has
leased it for other uses (primarily used car lots).
Recommended Motion:
Staff is recommending approval of issuance of a new 1996 motor vehicle dealers
license for Blarney Motors with the following stipulations:
1. That they meet existing conditions of the conditional use permit to include not more
than 30 cars on the property and failure to do so would be subject to immediate
suspension or revocation of the motor vehicle dealer's license.
2. That they apply for and receive a renewed conditional use permit prior to April 23,
1996. If the conditional use permit is not renewed, then the license would also be
invalid.
Basis of Recommendation:
1. The applicant has complied with all of the provisions of City Codes and has paid
the required licensing fee.
2. Based upon the information supplied by the applicant, there appears to be no
reason to deny the license requested.
?-c
Alternative Recommendation:
19 1. The Council could decide not to approve the license application requested. This
would mean that Blarney Motors would be unable to operate their business at this
location.
Discussion/Decision Mode:
The application for a motor vehicle dealer's license for Blarney Motors, 6529 Penn
Avenue, is being presented to Council at this time.
Respectfully submitted,
Jame . Prosser
City anager
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•
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C I T Y O F R I C H F I E L D, M I N N E S O T A
C O M M U N I T Y D E V E L O P M E N T D E P A R T M E N T
Item #2
Case #90-CUP-3
Agenda of March-27, 1990
Planning Commission
City of Richfield
Issue Statement:
Public hearing on a request for a conditional use permit to allow
a used car business on this lot in the existing structure at 6529
Penn Avenue South.
Background:
Arby's Roast Beef, a previous tenant, closed their doors in May
of 1987 after 19 years of service. Since Arby's closed, the
building has been utilized by a number of temporary businesses.
In 1988, a conditional use permit for a restaurant with a drive
up window was denied.
Ray and Kevin Tharp have asked that a used car lot selling only
cars and pick-up trucks be allowed on this site including
detailing of autos. Hours of operation will be 8:00 a.m. to
10:00 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m.
Saturday. The - They
have been una a to work out any intensive development proposals
and are asking that the used car lot be allowed until such a
development is proposed.
In addition, they have requested a 2-1/2 year sunset variance for
the improvement to the storm sewer catch basin on Parcel B.
The site is located in the PASSS Redevelopment area. The site is
also located in a "C-2", general commercial zoning district. A
car sales lot of this type is a permitted use in a "C-2" general
commercial zoning district with a conditional use permit.
Ordinance Requirement:
Section 520.17 lists the uses permitted in a C-2, general
commercial zoning district with a conditional use permit.
Section 520.19 outlines the standards regulating car sale lots.
Section 545.09 outlines the conditions governing the issuance of
a conditional use permit.
- C/ty ai
Ctty Manager
James O. f)'osser
PERMIT FOR:
/O/C/ - e7ots Portl?r?d Awnu? - M/nnetot? 65423-2?V9
Mayor Council
Steve Ouam Edwina Garcia Ivan Ludeman
Martin Kirsch Michael Sandahl
Offstreet Parking Permit
X Conditional Use Permit
Variance
PUD Plan
Other:
TO: Kevin and Ray Tharp
3728 Lyndale Avenue South
Minneapolis, MN 55409
Apartment Use Permit
Rezoning
Adjustments and Appeals
Final Development Plan
You are hereby notified that your application dated February 23,
1990 requesting a Conditional Use Permit to allow a used car lot
at 6529 Penn Avenue South has bee APPROVED,subject to the
following stipulations:
"N"~I q -2,
1. That two (2) handicapped parking spaces be striped and signed
and the building made accessible to handicapped persons.
c? 2. That all signage be approved by City staff and comply with
PASSS design guidelines.
3. That a 22 foot minimum drive aisle be maintained in the
parking area.
4. That landscaping and on-site improvements comply with PASSS
design guidelines.
5. That the building be upgraded to meet all applicable building
and fire code requirements.
6. That the term of this conditional use permit be 3 years.
Telephone 861-9700 (612)
Fax 861-9749
An Equal Opportunity Employer
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 31
Agenda January 22, 1996
Issue Statement:
Consideration of a request for a new 1996 on-sale and Sunday liquor license for DF&R
Operating Company, Inc., d/b/a Don Pablo's, 980 West 78th Street.
Background:
On September 12, 1995, the City received the new applications and other required
documents for the on-sale and Sunday liquor license for Don Pablo's. The applicant
has paid the required fees for six months.
The Public Safety background investigation has been completed and reveals the
following:
DF&R Operating Company, Inc., d/b/a Don Pablo's, has made application for an on-
sale and Sunday liquor license. DF&R Restaurants, Inc. has 100% ownership. A
stockholder list has been provided. A copy of the list of officers and directors of the
corporation is attached to this letter. To date, no one has been assigned as the
General Manager of the restaurant.
. DF&R Operating Company, Inc., opened its first restaurant 17 years ago. They
operate under the names Don Pablo's and also Harrigan's. They are currently open
in seven states: Indiana, Kentucky, Ohio, Oklahoma, Texas, Virginia and New
Mexico. Staff has contacted health and police officials in three different states and
found they had no record of any complaints or violations of liquor licensing
ordinances or statutes.
• Public Safety personnel has received several positive letters of reference for each of
the officers.
• Background criminal history record checks indicate that each of the officers has no
known criminal history and no outstanding warrants.
• The lease between the applicant and CSM Investors, Inc. is for ten years with four
renewal terms of five years each.
• The $10,000 bond issued by Gulf Insurance Company of Dallas has been
submitted.
• The required proof of liquor liability insurance and the proof of workers'
compensation insurance coverage have been received showing Safeco Insurance
Company as affording the coverage.
4,1
• Currently, there is one license available. This remaining license is being applied for
by Don Pablo's.
Recommended Motion:
Approve the issuance of a new 1996 on-sale and Sunday liquor license for Don Pablo's
with the stipulation 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 on-sale and Sunday liquor licenses.
2. Based upon the information supplied by the applicant and the investigation
conducted, there appears to be no reason to deny the license requested.
Alternative Recommendation:
1. The Council could decide to deny the request for an on-sale and Sunday liquor
license. This would mean that the restaurant would be unable to serve any
intoxicating liquor.
Discussion/Decision Mode:
The public hearing to consider the request for the issuance of an on-sale and Sunday
liquor license for Don Pablo's has been scheduled for January 22, 1996 and is being
• presented to Council at this time.
Respectfull submitted,
James Prosser
City Ma ger
JDP:ds
Attachment
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Don Pablo's Officers
David Patrick Frazier President
Marc Duane Redus Vice President/Secretary
William Vern Davis Vice President
Robert Raymond Parent Vice President
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3(-5-
•
•
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 30
Agenda January 22, 1996
Issue Statement:
Consideration of purchase of trees for 1996 boulevard tree planting in excess of
$5,000.
Background:
The City Council policy resolution on purchasing provides that when the purchase of
merchandise, materials, equipment or construction exceeds the amount of $5,000,
authority to purchase shall be submitted to the City Council for consideration.
In September 1995, requests for quotes on boulevard trees were sent to ten nurseries.
Six nurseries responded with quotations. Prices were requested on seven species in a
1-3/4" diameter size. Prices returned were somewhat competitive; the staff tree
inspector visited all ten nurseries to inspect the trees offered under the quotes.
Bachman's Nursery Wholesale Center had the best quality trees and submitted the
lowest quotes on each species of tree wanted, with the average price per tree at
$60.86. A breakdown of the quotes is attached to this letter. Previous years'
purchases are shown below for comparison purposes:
Year
1991
1992
1993
1994
1995
1996
No. of Trees
160
145
118
140
116
140
Total Cost
$13,104.50
$12,688.50
$ 7,902.50
$ 8,946.00
$ 7,288.86
$ 8,520.00
Average Price/Tree
$81.90 (no tax)
$87.51 (no tax)
$66.97 (with tax)
$63.90 (with tax)
$62.84 (with tax)
$60.86 (with tax)
Recommended Motion:
Approve a purchase order to Bachman's Nursery Wholesale Center in the amount of
$8,520.00 for the purchase of 140, 1-3/4" diameter balled and burlapped trees.
Basis of Recommendation:
1. Bachman's Nursery Wholesale Center had the best stock of trees of the nurseries
submitting quotations.
2. Bachman's Nursery Wholesale Center offered the best prices for the type of trees
desired.
Alternative Recommendation:
Council could choose to reject this purchase and direct staff to seek other sources for
• boulevard trees. However, it is unlikely that sufficient numbers of quality trees would
still be available for the low prices quoted.
365.-1
• Discussion/Decision Mode:
This item is scheduled for the January 22, 1996 regular Council meeting. Staff is
requesting approval at this time in order to facilitate timely delivery for spring planting.
Respectfully submitted,
James Prosser
City Manager
JDP:ds
Attachment
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CITY OF RICHFIELD, MINNESOTA
• Council Letter No. 29
Agenda January 22, 1996
Issue Statement:
Consideration of purchase in excess of $5,000 for the installation of column pipes and
pump for Well #6.
Background:
The City Council policy resolution on purchasing provides that when the purchase of
merchandise, materials, equipment or construction exceeds the amount of $5,000,
authority to purchase shall be submitted to the City Council for consideration.
The current well was drilled in 1963 and has a depth of approximately 409 feet. It is an
"open-hole" design with no screen at the bottom. The casing is driven to the top of the
water bearing formation, creating a void to allow water to enter the bore hole where
pumps remove the water.
Renovation of well #6 began in 1995 and will conclude with the replacement and
installation of the column pipes and turbine pump.
Quotations were requested and received with the following results:
Vendor Total Bid
Keys Well Drilling Co. $10,350
E. H. Renner 11,583
9 Recommended Motion:
Approve a 1996 purchase order to Keys Well Drilling Co. for the installation of the
columns and pump for well #6 at a cost of $10,350.
Basis of Recommendation:
1. This is the remaining work needed to complete the renovation of well #6.
2. Keys Well Drilling Co. is a reputable contractor and has successfully completed
several projects for the City.
3. There is $15,000 available in the 1996 Adopted Budget for the column and pump
installation.
Alternative Recommendation:
Council may reject all bids and direct staff to readvertise. However, staff does not
believe a better price can be obtained from a reputable contractor.
Discussion/Decision Mode:
Staff is requesting approval at January 22, 1996 Council meeting.
Respectf
C
James D
City Man
JDP:ds
submitted,
3E__
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 28
Agenda January 22, 1996
Issue Statement:
Consideration of purchase of a dump truck under a State of Minnesota purchasing
agreement to replace a fully depreciated vehicle.
Background:
Unit #302, a 1986 International dump truck, is fully depreciated and needs to be
replaced. The replacement truck will be a diesel to reduce operating costs. In an effort
to reduce plowing costs, this unit will be set up with a wing, so it will be ordered with a
heavier front suspension and larger engine; similar to the last truck purchased in 1994,
which has worked out very well. The State of Minnesota bid out dump trucks in 1995,
and the contract has been extended to 1996. Richfield, as a metro area political
subdivision, is eligible to purchase from this state contract. Under the contract, Boyer
Ford Trucks, Inc. was the low bidder for the type of vehicle desired.
The approved 1996 Central Garage budget contains $54,500 for this purchase.
Revenue from the sale of the 1986 International is estimated at $18,500, which will
finance the balance of the purchase.
Recommended Motion:
Approve the purchase of one single-axle 33,000 GVW cab, chassis with dump box and
hydraulics new dump truck and box from Boyer Ford Trucks, Inc. for a total of
$60,845.00.
Basis of Recommendation:
1. Several manufacturers of dump trucks were requested to submit bids following
predetermined specifications. Boyer Ford Trucks, Inc. was the lowest responsible
bidder for the type of sweeper requested.
2. Bids received through the State of Minnesota bid process are typically the lowest
price for the equipment specified.
3. Adequate funding is available for this purchase in the approved 1996 Central Garage
budget.
Alternative Recommendation:
Council could choose to reject the bids received through the State of Minnesota and
direct staff to obtain new bids for this equipment, however, staff does not believe a
better price can be obtained from a responsible manufacturer.
0
3e-I
Discussion/Decision Mode:
Orders for this piece of equipment must be placed with the vendor by January 29, 1996.
Staff is requesting approval at this time in order to facilitate timely delivery of this
vehicle, and to meet the order deadline date.
Respectfully submitted,
James . tosser
City Manager
JDP:ds
•
•
3-D
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 27
Agenda January 22, 1996
Issue Statement:
Consideration of purchase of a street sweeper under a State of Minnesota purchasing
agreement in excess of $5,000.00.
Background:
The City Council policy resolution on purchasing provides that when the purchase of
merchandise, materials, equipment or construction exceeds the amount of $5,000,
authority to purchase shall be submitted to the City Council for consideration.
Unit #266, a 1982 Elgin street sweeper has been fully depreciated since 1992.
Replacement of this vehicle has been included in the approved 1996 Central Garage
budget. The State of Minnesota bid out street sweepers in 1995, and the contract has
been extended to 1996. Richfield, as a metro area political subdivision, is eligible to
purchase from this state contract. The low bid for street sweepers was MacQueen
Equipment, Inc. at $89,743.00, plus a freight charge of $500.00.
Staff desires to add three options to the sweeper: strobe light wiring, emergency engine
shutdown and lower roller clean out for a cost of $675.00. Total cost for this piece of
equipment, including freight and options, plus tax of $5,877.17 comes to $96,795.17.
The approved 1996 Central Garage budget contains $78,000 for purchase of this
vehicle. Revenue from the sale of the old sweeper is estimated to be $17,000 -
$20,000, which will finance the balance of the purchase. The old sweeper cannot be
sold until the new machine is delivered.
Recommended Motion:
Approve the purchase of a new street sweeper through the State of Minnesota contract
for a total of $96,795.17, including freight, options and tax.
Basis of Recommendation:
1. Several manufacturers of street sweepers were requested to submit bids following
predetermined specifications. MacQueen Equipment, Inc. was the lowest
responsible bidder for the type of sweeper requested.
2. Ordering the sweeper now will assure delivery by the time spring sweeping arrives.
Alternative Recommendation:
1. Council may choose to delay a decision on this purchase for one meeting.
•
30-1
2. Council may choose to reject this bid and request staff to obtain bids from other
sources in an attempt to receive a lower purchase price. However, staff does not
believe a better price can be obtained from a responsible dealer.
Discussion/Decision Mode:
Staff is requesting approval at the January 22, 1996 Council meeting in order to
facilitate timely delivery of the street sweeper.
Respectfully submitted,
James Prosser
City Ma ager
JDP:ds
•
0
3, Cl
. CITY OF RICHFIELD, MINNESOTA
Council Letter No. 26
Agenda January 22, 1996
Issue Statement:
Consideration of purchase in excess of $5,000 for water use under the 1995 Minnesota
Department of Natural Resources (DNR) water appropriation permit.
Background:
The City Council policy resolution on purchasing provides that when the purchase of
merchandise, materials, equipment or construction exceeds the amount of $5,000,
authority to purchase shall be-submitted to the City Council for consideration.
The City is required by Minnesota State Law to pay for water used under an annual
water appropriation permit to allow the City to extract water from seven deep wells. The
water use fee is based on total water usage in 1995 and approximately 1,327 million
gallons were extracted from City wells.
The water use fee for the 1994 water appropriation permit was $5,841, approximately
1,297 million gallons were extracted. The total fee for 1995 is $5,975.11, an increase of
approximately $134.
Recommended Motion:
Approve a 1996 purchase order to the Minnesota Department of Natural Resources for
the 1995 water appropriation permit fee in the amount of $5,975.11.
Basis of Recommendation:
1. Minnesota State law requires each city to purchase water use through a Water
Appropriation Permit for water extraction.
2. There is $8,000 allocated in the 1996 Water maintenance budget for the fee.
Alternative Recommendation:
The water appropriation permit fee is required by State law, no alternative
recommendation.
Discussion/Decision Mode:
Staff requests approval at the January 22, 1996 Council meeting.
Respectful submitted,
James . Prosser
City Manager
JDP:ds
38
•
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 25
Agenda January 22, 1996
Issue Statement:
Payment to the League of Minnesota Cities Insurance Trust in excess of $5,000.
Background: '
The City purchases general liability insurance from the League of Minnesota Cities
Insurance Trust with Berkley Risk Services, Inc. as administrator. The City's insurance
policy has a $50,000 deductible for liability claims. Since 1986, the City has
significantly reduced its premium by having a large deductible. The premium savings
and additional monies have been used to create a Self-Insurance Fund to cover
payments made which are under the deductible as claims arise.
On or about August 28, 1994, a Richfield Police Officer arrested a claimant for driving
with revoked license plates. The claimant alleged that the Officer and the City of
Richfield were negligent in arresting the claimant, thereby causing injuries. After
extensive legal work on the matter, the case was concluded with a Stipulation of
Dismissal With Prejudice. Thus the entire lawsuit against the City of Richfield and the
Police Officer was dismissed on its merit and with prejudice, without payment to the
claimant. However, legal expenses of $5,208.13 were incurred in defending this action.
Since these expenses, which were paid by the League of Minnesota Cities Insurance
Trust, fall below the City's deductible limit, the City is now responsible for the payment
back to the League of Minnesota Cities Insurance Trust.
Recommended Motion:
Approve a payment to the League of Minnesota Cities Insurance Trust in the amount of
$5,208.13.
Basis of Recommendation:
1. The City's insurance policy provides that the insurance carrier shall, at its
discretion, investigate, settle, or defend any claims or suits against the City. In
having reached a stipulation of dismissal with prejudice in this matter, the League
of Minnesota Cities Insurance Trust has incurred legal expenses which it has paid
and must now be reimbursed.
2. Funding is provided for defense or payment of claims costing less than the
$50,000 deductible by the Self-Insurance Fund.
3. The City of Richfield received excellent legal representation by the League of
Minnesota Cities Insurance Trust in this case.
is Alternative Recommendation:
None. The City is obligated to make this payment.
38-1
• Discussion/Decision Mode:
This item is on the January 22, 1996 regular City Council meeting consent calendar in
order to provide the most expedient payment back to the League of Minnesota Cities
Insurance Trust.
Respectfully submitted,
James . Prosser
City M ager
JDP:ds
Ol
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 24
Agenda January 22, 1996
Issue Statement:
Consideration of approval of professional services and design contract (AIA Document)
for the fourth municipal liquor store located at 7700 Lyndale Avenue.
Background:
The City Council approved construction of a fourth municipal liquor store at the August
14, 1995 Council meeting. An application for MSA funding has been submitted and
approved for land acquisition. The next step in the process is selection of an
architectural firm for the professional services associated with construction and design.
City staff has met with three qualified architectural firms and all three have submitted
proposals and fee schedules for the.design of a new retail liquor facility.
The firms and fee schedules based upon a construction budget of $585,000 are as
follows:
Korsunsky Krank Erickson Architects, Inc. $32,000 plus reimbursable expenses
Minneapolis, MN
• APPRO Development Inc. 6.8% of total construction budget,
Lakeville, MN $39,780
• Tushie Montgomery Associates, Inc. 5 3/4% of construction budget,
Edina, MN $33,638 plus reimbursable expenses
Recommended Motion:
Direct the City Manager to enter into the AIA Document agreement with Tushie
Montgomery Associates, Inc. for professional services and design of a fourth municipal
liquor store located at 7700 Lyndale Avenue.
Basis of Recommendation:
1. The proposal of Korsunsky Krank Erickson Architects is lowest, however, staff
believes the Tushie Montgomery Associates group more closely fits the design
needs of the City of Richfield.
2. Tushie Montgomery Associates, Inc. is qualified to perform the professional
services.
3. Tushie Montgomery's fee for services is competitive with other architectural firms
who submitted proposals.
3P-1
0 4. Tushie Montgomery is the primary architectural firm for The Shops at Lyndale
development (CSM).
5. Funds have been reserved for design and construction of a fourth municipal liquor
store.
Alternative Recommendation:
1. The Council could choose to request additional architectural proposals.
2. The Council could choose an alternative architectural firm.
0
Discussion/Decision Mode:
Action is requested at the January 22, 1996 Council meeting.
Respectfully submitted,
James 4. Prosser
City Manager
JDP:ds
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