07-22-96 agendaCITY OF RICHFIELD, MINNESOTA
• MONDAY, JULY 22, 1996
SPECIAL CITY COUNCIL MEETING
6:45 P.M.
LOBBY CONFERENCE ROOM
CALL TO ORDER
ROLL CALL
1. INTERVIEW OF'PERSON INTERESTED IN SERVING ON CITY'S HUMAN RIGHTS
COMMISSION
ADJOURNMENT
****************************************************************************************************
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 THE (1) CITY COUNCIL STUDY SESSION OF JULY 1, 1996
AND (2) REGULAR CITY COUNCIL MEETING OF JULY 8, 1996
PRESENTATIONS
1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON
THE AGENDA
2. PRESENTATION OF RECOGNITION AWARDS TO FIREFIGHTER DAVID
QUEBODEAUX, POLICE INVESTIGATOR DANIEL MEAD, AND MEMBERS OF
POLICE SPECIAL SERVICES UNIT
COUNCIL LETTER NO. 236
• 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 PAYMENT TOLEAGUE'OF MINNESOTA
CITIES INSURANCE TRUST IN AMOUNT OF $34,398.40 C.L. 237
B. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO VISU-SEWER
CLEAN & SEAL, INC. FOR REHABILITATION OF DETERIORATED SANITARY
SEWER LINES AND APPURTENANT WORK IN AMOUNT OF $147,380 WITH
UNDERSTANDING CONTRACT MAY BE INCREASED BY UP TO 25% C.L. 238
C. CONSIDERATION OF APPROVAL OF MUSICAL CONCERT LICENSE FOR HOPE
PRESBYTERIAN CHURCH; AUGUST 4,1996; 7 P.M. TO 9 P.M.
PUBLIC HEARINGS
5. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING
• SUBDIVISION WAIVER AT 6816 MORGAN AVENUE TO ALLOW SPLIT OF PARCEL
INTO TWO LOTS
COUNCIL LETTER NO. 239
6. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING SECTION
1110.13 OF RICHFIELD CITY CODE REGULATING LAWFUL GAMBLING
(PULLTABS)
COUNCIL LETTER NO. 240
7. PUBLIC HEARING AND SECOND READING OF INTERIM ORDINANCE WHICH
AUTHORIZES STUDY TO BE CONDUCTED AND MORATORIUM TO BE IMPOSED
ON DEVELOPMENT OF TELECOMMUNICATIONS TOWERS AND ANTENNAS IN
CITY
COUNCIL LETTER NO. 241
RESOLUTION
8. CONSIDERATION OF RESOLUTION APPROVING LABOR AGREEMENT BETWEEN
is CITY OF RICHFIELD AND RICHFIELD POLICE SUPERVISORS BARGAINING UNIT
LOCAL 162 FOR YEARS 1996 AND 1997
COUNCIL LETTER NO. 242
PROPOSED ORDINANCE
9. CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE VACATING
PORTION OF WEST 77-1/2 STREET
COUNCIL LETTER NO. 243
ADMINISTRATIVE REPORTS AND OTHER BUSINESS
10. CONSIDERATION OF APPOINTMENT OF NON-RICHFIELD RESIDENT TO HUMAN
RIGHTS COMMISSION
COUNCIL LETTER NO. 244
11. CONSIDERATION OF BID PACKAGES #12 THROUGH #20 FOR CONSTRUCTION
COMPONENTS FOR THE SHOPS AT LYNDALE WINE AND SPIRITS LIQUOR
STORE, 7700 LYNDALE AVENUE
COUNCIL LETTER NO. 245
12. CONSIDERATION OF SETTING AUGUST 28, 1996 AND SEPTEMBER 4, 1996 (IF
NECESSARY) AS SPECIAL CITY COUNCIL MEETINGS TO REVIEW AND DISCUSS
1996 REVISED/1997 PROPOSED PRELIMINARY TAX LEVY PRIOR TO
16 CERTIFICATION TO COUNTY ON SEPTEMBER 15, 1996
COUNCIL LETTER NO. 246
AIRPORT BUSINESS
13. AIRPORT STATUS REPORT
CORRESPONDENCE
14. LEGISLATIVE REPORT
COUNCIL CHOICE
15. COUNCIL DISCUSSION ITEMS
16. CLAIMS AND PAYROLLS
17. 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.
/CP-1
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. -24-T;?46
Agenda July 22, 1996
Issue Statement:
Setting special meeting for 1996 Revised/1997 Proposed budget and setting
preliminary tax levy.
Background:
City staff is now in the process of preparing the draft 1996 Revised/1997 Proposed
budget. Included in that draft document is the proposed preliminary property tax levy
for the City and for the Richfield HRA. The Truth in Taxation statute requires that a
preliminary levy be adopted by the local units of government and certified to the County
Auditor on or before September 15 of each year.
In order to review the draft budget document with the City Council prior to the
September 15 deadline, it is necessary to establish at least one special meeting. For
the current year, staff is proposing that such special meetings be set for the following
date:
7:00 p.m. Wednesday, August 28, 1996
. 7:00 p.m. Wednesday, September 4, 1996
The above suggested meeting should provide adequate time to review the budget
document and proposed tax levy. The adoption of the preliminary levy and dates for
the Truth in Taxation public hearings could either be adopted at one of the special
meetings listed above or at the September 9, 1996 regular City Council meeting.
Recommended Motion:
Set the date of August 28, 1996 and September 4, 1996 (if necessary) as Special City
Council meetings to review and discuss the 1996 Revised/1997 preliminary tax levy
prior to certification to the County on September 15, 1996.
Basis for Recommendation:
1. It is necessary to review and discuss the 1996 Revised/1997 Proposed budget and
1996 preliminary tax levy prior to certification to the county on September 15, 1996.
2. Draft budget documents will be available to City Council Members on August .16.
This will allow some time for Council Members to review the draft budget before the
scheduled meeting.
Alternative Recommendation:
1. The City Council could schedule meetings on a different date(s) than those
• suggested.
• 2. The City Council could schedule additional sessions than those suggested.
3. The City Council could decide not to schedule any budget meetings and proceed
with the preliminary levy at a regular City Council meeting before September 15,
1996.
Discussion/Decision Mode:
Because of the strict timeframe associated with the Truth in Taxation process, this issue
should be considered at the August 22, 1996 meeting so that a date for special
meetings may be established if the City Council wishes to use that process.
itted,
James I
City Ma
JDP:cak
U
0
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 245
Agenda July 22, 1996
Issue Statement:
Consideration of bid packages #12 through #20 for construction components of The
Shops at Lyndale Wine & Spirits liquor store, 7700 Lyndale Avenue.
Background:
Eight bid packages were advertised requesting contractors to submit bids for
components related to the construction of The Shops at Lyndale Wine & Spirits liquor
store at 7700 Lyndale Avenue. A public bid opening was held on July 9, 1996.
The following individual bids were submitted by contractors and vendors for each
specified bid package. The individual bid estimates by the construction management
firm of Greystone Construction Co. are also noted.
Bid Packaae #12 Single Ply Roofing
B & B Sheet Metal and Roofing $17,943
Weatherproofing Systems $17,250
Budget Estimate
$14,566
Bid Package #13 Aluminum Storefront Windows & Glazina
Brin Northwestern Glass Co. $33,500
Empirehouse, Inc. $45,781
Budget Estimate
$32,593
Bid Package #14 Rough arpent)r Architectural Casework Specialties & Related_
. Work
J.S. Cates Construction Co. $27,500
George F. Cook Construction Co. $32,450
Budget Estimate
$19,723
Bid Package #15 Standing Seam Metal Roofing & Related Work
M.G. McGrath $19,688
Budget Estimate
$15,288
Bid Packaae #16 Drywall Light Gauae Framing & Related Work
Flag Builders, Inc. $28,295
• Mulcahy, Inc. $29,000
Olympic Wall Systems $30,740
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Mike Reinert Drywall $84,330
Budget Estimate $34,440
Bid Package #17 Exterior Insulated Finish System & Related Work
Olympic Wall Systems $18,560
Mulcahy, Inc. $29,000
A.E. Conrad Co. $38,400
Budget Estimate
$28,836
Bid Package #18 -Painting & Related Work
Skillman's Painting Inc. $ 9,321*
Rainbow, Inc. $ 9,530
Wasche Interiors $14,970
*did not include epoxy floor price
Budget Estimate $10,070
Bid Package #19 Vinyl Tile Work
No Bids
St. Paul Linoleum Received Late
Budget Estimate $ 7,425
Bid Packaae #20 Tile Work
Grazzini Bros. $ 4,820
Budget Estimate $ 4,667
Budget Estimate Total $178,407
Apparent Low Bid Total $164,934
Status $ 13,473
Recommended Motion:
The following City Council motion is recommended regarding construction components
of The Shops at Lyndale Wine & Spirits liquor store, 7700 Lyndale Avenue:
• Approval of bid package #12 and award contract to Weatherproofing Systems for
single ply roofing in amount of $17,250.
• Approval of bid package #13 and award contract to Brin Northwestern Glass Co. for
aluminum storefront, windows and glazing in amount of $33,500.
• Approval of bid package #14 and award contract to J.S. Cates Construction Co. for
rough carpentry, architectural casework, specialties and related work in amount of
$27,500.
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• • Approval of bid package #15 and award of contract to M.G. McGrath for standing
seam metal roofing and related work in amount of $19,688.
• Approval of bid package #16 and award of contract to Flag Builders, Inc. for drywall,
light gauge framing and related work in amount of $28,295.
• Approval of bid package #17 and award of contract to Olympic Wall Systems for
exterior insulated finish system and related work in amount of $18,560.
• Approval of bid package #18 and award of contract to Skillman's Painting, Inc. for
painting and related work in amount of $9,321.
• Approval of staff request to seek quotes•for bid package #19. The estimated bid is
less than $25,000.
• Approval of bid package #20 and award of contract to Grazzini Bros. for the work in
amount of $4,820.
Basis of Recommendation:
1. Total bid packages are within budget estimates.
2. The lowest bidders are qualified to perform the work.
3. Bidders can perform the work to remain within the construction schedule.
Alternative Recommendation:
Council could reject or delay all bids. However, bids are within budget and can be
performed to remain on the construction schedule.
Discussion/Decision Mode:
Bid packages #12 through #20 are placed on the July 22, 1996 agenda for Council
action.
Respectfully submitted,
Ja4s. Prosser
Citager
JDP:cak
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Richfield Municipal Liquor Store
7700 Lyndale Avenue South
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CM - Greystone Cc
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B.P. ESTIMATED
BID BUDGET COMMITTE UN- ESTIMATED
PACK DIV ITEM TOTAL TO DATE COMMITTED 100% DEVIATION COMMENT
1 5 Bar joist -
1 5 Metal deck $ 15;817 $ 12,200 $ 12,200 $ (3,617) << award ro Mannstedt & Sons 6/6/96
RFP 1 3 Concrete precast plank, 8" $ 20,020 $ 17,240 $ 17,240 $ (2,780) << award to Moline Concrete 6/17/96
2 3 Concrete footings, continuous
2 3 Concrete footings, column
2 3 Concrete reinforcement - included
2 3 Concrete slab on grade
2 3 Concrete topping, 2"
2 3 Concrete @ dock, 8" CIP wall
2 3 Concrete @ screenwall, concrete cap
2 3 Concrete @ stair treads
2 7 Insulation @ cooler floor, 6" & v.b.
<< see BP 3 for combinded BP 2 & 3 bid, amount
-- indicated is the estimated portion for concrete work,
included in the combined concrete & masonry bid from
Crosstown masonry. Crosstown Masonry combined Bp
2 & 3 bid is $209,940. BID REJECTED BY COUNCIL
2 7 Foundation insulation $ 46,426 $ 46,000 $ 46,000 $ (426) Da
3 4 Masonry, CMU, below grade, 12"
3 4 Core fill, 12"
3 4 Masonry, CMU 8"
3 4 Core fill, 8"
3 4 Masonry, brick
3 4 Masonry, aluminum flashing
3 4 Masonry, rock face, color - standard
3 4 Lintel, set steel lintels -
3 4 Install doorframes in conc. & CMU
3 3 Foundation waterproofing
<< combined BP 2 & 3 (Crosstown Masonry), BID
3 4 Glass block $ 106,897 $ $163,940 $163,940 $ 57,043 REJECTED BY COUNCIL 7/8, REBID 7/23.
4 5 Stairs, interior, # treads
4 5 Stair, to roof
4 5 Handrail
4 5 Loose lintels
4 5 Steel grille & canopy @ entry
4 5 Trusses, tube steel
<< apparent low bidder (Anderson Iron), BID
4 5 Structural steel/columns/beams/lintels $ 41,730 $ 61,938 $ 61,938 $ 20,208 REJECTED BY COUNCIL 7/8, REBID 7/23
5 5 Steel erection $ 12,500 $ 16,178 $ 16,178 $ 3,678 << apparent low bidder (Western Steel Erection)
6 2 Curb
6 2 Excavation & backfill
6 2 Excavation & haul off-site
6 2 Grading, lot
6 2 Foundation drain
6 2 Pavement, stone base & striping
6 2 Sidewalk & site conc.
6 2 Storm sewer & dock drain
6 2 Construction fence
6 2 Gas service, by Minnegasco
6 2 Sanitary sewer
. « apparent low bidder (Northwest Asphalt), COUNCIL
6 2 Water distribution $ 42,899 $ 39,030 $ - $ 39,030 $ (3,869) AWARD 7/6
7 15 Plumbing work, including int.roof drains $ 19,965 $ 26,100 $ 26,100 $ 6,135 << apparent low bidder (McGruie Mechanical)
8 15 HVAC, upper level
8 15 HVAC, lower level / back of house
8 15 Toilet exhaust $ 30,024 $ 43,600 $ 43,600 $ 13,576 '<<apparent low bidder (Master Mechanical)
9 15 Fire protection $ 13,200 $ 17,654 $ 17,654 $ 4,454 '<< apparent low bidder (Midwest Fire Protection)
10 16 Electric service
10 16 Lighting, upper level
10 16 Lighting, lower level, strip fluorescent
10 16 Lighting, exterior, building mounted
10 16 Power, general
10 a
16 Power, equipment
10 16 Communication, raceway $ 39,600 $ 54,300 $ 54,300 $ 14,700 '<< apparent low bidder (Burnsville Electric)
11 8 Doors, frames & finish hdwe - exterior
11 8 Doors, frames & finish hdwe - interior
<< apparent low bidder (Contract Hardware), COUNCIL
11 8 Hollow metal windows $ 6,650 $ 3,990 $ $ 3,990 $ (2,660) AWARD pis
12 7 Roof access hatch
C?
B.P. ESTIMATED
BID BUDGET COMMITTE UN- ESTIMATED
PACK DIV ITEM TOTAL TO DATE COMMITTED @ 100% DEVIATION COMMENT
12 7 Metal @ top of wall
12 7 'Roof insulation, v.barrier & membrane $ 14,566 $ 17,250 $ 17,250 $ 2,685 << apparent low bidder (Weatherproof Sytems)
13 8 Aluminum door hardware & operators
13 8 Aluminum storefront & windows
13 8 Glass & glazing, interior $ 32,593 $ 33,500 $ 33,500 $ 907 << apparent low bidder (Brin NW Glass)
14 6 Rough carpentry -roof & wall blocking
14 6 Rough carpentry -roof plywood
14 6 Casework
14 6 Fire extinguishers
14 6 Install doors & hardware
14 6 Toilet accessories
14 6 Sealant, masonry control joints $ 19,723 $ 27,500 $ 27,500 $ 7,777 << apparent low bidder (J.S. Cates Constriction)
15 7 Roofing, metal roofing & flashing $ 15,288 $ 19,688 $ 19,688 $ 4,400 <<apparent low bidder (M.G. McGrath)
16 5 Light gage metal framing
16 9 Install frames @drywall
16 9 Drywall & framing
16 9 Drywall & framing @ vestibule ceiling
16 9 Ceiling, acoustical
16 9 Furring & gyp board @ exterior wall
16 9 Exterior wall insulation & vapor barrier $ 34,439 $ 28,295 $ 28,295 $ (6,144) << apparent low bidder (Flag Builders, Inc.)
17 7 EIFS & sealants $ 28,836 $ 18,560 $ 18,560 $ (10,276) <<apparent low bidder (Olympic Wall Systems)
18 9 Concrete floor sealer
18 9 Floor coating @ cooler, mati. t.b.d
18 9 Exterior painting
18 9 Paint, interior walls
18 9 Paint,deck & joist $ 10,070 $ 7,975 $ 7,975 $ (2,095) << apparent low bidder (Skillman's Painting)
19 9 Carpet & carpet base (none on project)
19 9 Vinyl tile & vinyl base $ 7,425 $ 6,000 $ 6,000 $' (1,425) << revised estimate
20 9 Hard tile @ toilets
20 6 Entry mat
20 9 Hard file @ vestibule, mud set $ 4,667 $ 4,820 $ 4,820 $ 153 <<apparent low bidder (Grazzini Brothers)
21 2 Landscaping / inigation $ 4,000 $ $ - $ - $ (4,000) << by others
x 10 Dock leveler
x 10 Dock curtain & pads $ 5,300 $ 5,300 $ 5,300 $ << budget estimate
x 10 Overhead door $ 1,500 $ 1,500 $ 1,500 $ - << budget estimate
subtotal, division 2 through 16 $ 574,134 $672,558 $ 98,424 17%
NEEDS TO BE $560,921
<< based on $650k amount provided by Owner
CM fee $ 29,000 $ 29,000 $ - $ 29,000 $ - (per Greystone proposal)
General conditions (w c,a w,wao $ 49,292 $ $ 49,292 $ 49,292 $ - « estimate (per Greystone proposal)
Special conditions t_c__,P...n $ 10,787 $ $ 10,787 $ 10,787 $ - << estimate (per Greystone proposal)
subtotal, division 1 through 16 $ 653,175 $787,232 $ 91,057
NEEDS TO BE $650,000
<< amount provided by owner, MP/JP 05/08
Architect fee $ 30,000 $ 30.000 $ 30,000 $ - << amount provided by Owner, MP/BF 05!29
Architect site inspection $ 15,000 S 15,000 $ 15,000 $ - << amount provided by Owner, MP/BF 05/29
Equipment, refiigeration(product cooler) $ 35,000 $ 35,000 $ 35,000 $ << amount provided by Owner, MP/BF 05/29
Equipment, shelving $ 10,000 $ 10,000 $ 10,000 $ << amount provided by Owner, MPBF 05/29
Equipment, checkout (point of sales) fixt $ 8,000 $ 8,000 $ 8,000 $ << not included in bid package # 10
Equipment, signage $ 7,000 $ 7,000 $ 7,000 $ << amount provided by Owner, MPBF 0529
Equipment, communications $ 3,500 $ 3,500 $ 3,500 $ << amount provided by Owner, MP/BF 0529
Equipment, alarm (intrusion, fire suppre $ 2,500 $ 2,500 $ 2,500 $ << amount provided by Owner, MPBF 0529
Equipment, surveillance system $ 5,000 $ 5,000 $ 5,000 $ - << amount provided by Owner, MP/BF 0529
Equipment, point of sale registers $ 8,000 $ 8,000 $ 8,000 $ << amount provided by Owner, MP/BF 05/29
Blacktop, landscaping / irrigation $ - $ - $ - $ - «by others
Equipment, misc. (office eq., carts, janit $ 2,000 $ 2,000 $ 2,000 $ << amount provided by Owner, MP/BF 0529
Grand total, S822,175 $913,232 $ 91,057
•
L?J
CITY OF RICHFIELD, MINNESOTA
Bid Opening
July 9, 1996
10:00 a.m.
New Municipal Liquor Store Project
The Shops at Lyndale Wine & Spirits
Bid No. 96-15
City Project No. 701-1570
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 new municipal liquor store
project, Bid No. 96-15, as advertised in the official newspaper on June 19, 1996.
Present: William Fillmore, Liquor Operations Director
Thomas Ferber, City Clerk
Cheryl Krumholz, City Manager Representative
Mike Parsons, Construction Manager - Greystone Construction Co.
0
0
The following bids were submitted and read aloud:
PACKAGE #12 -Single Ply Roofing
Bidder Proposal
Amount Bid
Security
B&B Sheet Metal & Roofing 17,943 Yes
Weatherproof Systems 17,250 Yes
PACKAGE #13 - Aluminum Storefront, Windows & GlazinLy
Bidder Proposal
Amount Bid
Security
Brin Northwestern Glass Co. 33,500 Yes
Empirehouse, Inc. 45,781 No
Bidder Proposal
Amount Bid
Security
J.S. Cates Construction Co. 27,500 Yes
George F. Cook Construction Co. 32,450 Yes
PACKAGE #14 -- Rough Carpentry, Architectural Casework, Specialties & Related Work
PACKAGE # 15 - Standing Seam Metal Roofing & Related Work
Bidder Proposal
Amount Bid
Security
M.G. McGrath 19,688 Yes, Cashier's Check
/o
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 244
Agenda July 22, 1996
Issue Statement:
Consideration of appointment of a non-resident to the Human Rights Commission.
Background:
In January 1996, the City Council made several appointments to the City's advisory
commissions. The Human Rights Commission currently has two vacancies; one due to
a resignation and the other was not filled in January. One term expires on January 31,
1998 and the other expires on January 31, 1999.
A non-resident has applied for appointment to the Human Rights Commission. An
interview was conducted at a Special City Council meeting on July 22, 1996. The
Human Rights Commission, at their July 2 meeting, recommended that the City Council
consider appointing this individual to the commission.
A resolution establishing residency requirements for members of the City's advisory
commissions was approved by the City Council on April 22, 1996.
Recommended Motion:
Appoint a non-resident to fill one of the two vacancies on the Human Rights
Commission.
Basis of Recommendation:
. 1. In order to ensure a quorum for future meetings, an appointment to the
commission should be made at this time.
2. A resolution establishing residency requirements for members of the City's
advisory commissions was approved by the City Council on April 22, 1996.
3. The Human Rights Commission has recommended that this individual be
appointed to the commission.
4. The applicant was interviewed at a Special City Council meeting on July 22, 1996.
Alternative Recommendation:
1. The appointment could be deferred to a future Council meeting.
2. The Council could decide not to appoint a non-resident to the commission.
Discussion/Decision Mode:
This item is placed on the July 22, 1996 agenda for Council consideration. The
appointment will begin immediately.
Respectfu submitted,
James . Prosser
• City Ma ger
JDP:cak
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 243
Agenda July 22, 1996
Issue Statement:
Consideration of first reading of a transitory ordinance vacating a portion of West 77 1/2
Street.
Background:
On August 14, 1995 the City Council approved the vacation of 77 1/2 Street, except for
the north half of that portion of the street adjacent to the former Conoco Station, 7700
Lyndale Avenue. Thatportion was not vacated to provide access to Lyndale Avenue
for the station.
The City, on behalf of its municipal liquor operations, and CSM Corporation, owners of
the Shops at Lyndale, have agreed to share a joint access to Lyndale Avenue. A public
street is no longer needed to provide access to Lyndale Avenue.
Recommended Motion:
Approve first reading of a transitory ordinance to vacate a portion of West 77 1/2 Street
and set a public hearing and second reading for August 26, 1996.
Basis of Recommendation:
1. This portion of West 77 1/2 Street is no longer needed for right-of-way.
• 2. The City and CSM have agreed to share joint access to Lyndale Avenue removing
the need for a public street.
3. City Engineering recommends vacating the street and relocating the access onto
Lyndale Avenue further to the south of the intersection of 77th Street and Lyndale
Avenue.
Alternative Recommendation:
1. Refer this vacation to the Planning Commission for review.
2. Deny the vacation at first reading.
Discussion/Decision Mode:
First reading of the transitory ordinance is scheduled for July 22, 1996. If approved, a
public hearing and second reading will be scheduled on August 26, 1996.
Res a Ily submitted,
Jam . Prosser
City Manager
JDP:cak
BILL NO. 1996-
TRANSITORY ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF WEST 77 1/2 STREET
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. The following described land has been dedicated to the public for
street right-of-way purposes:
The northerly one-half of West 77 1/2 Street as dedicated in the plat of
STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota,
which lies easterly of the southerly extension of the east line of Lot 6, Block 1, in
said Addition.
Sec. 2. The fee owner of abutting land, the City of Richfield, has petitioned for
the vacation of that part of West 77 1/2 Street as described in Section 1 of this
ordinance.
Sec. 3. The Council finds that there is no longer a public need for a street
easement over that portion of West 77 1/2 Street as described in Section 1.
Sec. 4. The street easement over that portion of 77 1/2 Street, as described in
Section 1 of this ordinance, is hereby vacated.
Passed by the City Council of the City of Richfield, Minnesota this day of
, 1996.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0
PROPOSED 77 1/2 STREET VACATION
77TH STREET
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DATE: 7-12-96
SITE PLAN
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 242
Agenda July 22, 1996
Issue Statement:
Approval of the 1996-97 Labor Agreement with Richfield Police Supervisory
Association.
Background:
City staff has completed negotiations on a Labor Agreement for the years 1996 and
1997 with the Richfield Police Supervisory Association, subject to Council approval.
The tentative agreement includes 1997 reopener provisions for wages and health and
dental insurances. The bargaining unit is represented by Law Enforcement Labor
Services (LELS), a statewide police labor union.
The Richfield Police Supervisory Association represents the positions of Police Captain,
Lieutenant and Sergeant. There are presently eight employees represented within this
unit. The overall increase is 2.7%, as reported on the BMS Uniform Baseline
Settlement form. The changes which have been negotiated for the 1996-97 contract
are as follows:
• A pay adjustment of 2.5% effective January 1, 1996 and 1%0 on July 1, 1996. This is
similar to other employee groups. Wages may be reopened in 1997.
• A $10 increase in the City's contribution for dependent health insurance, for a
maximum of $345 per month. This is identical to other employee groups. Health
insurance may be reopened in 1997.
• No monthly increase in the City's contribution for single dental insurance, remaining
at a maximum of $24 per month. Dental insurance may be reopened in 1997.
• A $15 per year increase in the clothing allowance to $510 per employee in 1996 and
an additional $15 per year increase to $525 per employee in 1997.
• A provision which increases the vacation accrual cap from 240 hours to 248 hours.
• A provision which increases the personal leave accrual cap from 176 hours to 180
hours.
• A provision which increases the minimum overtime from two (2) to three (3) hours for
sergeants required to appear in court on off-duty time. In addition, sergeants
required to be on standby during off-duty time for felony level or other County
Attorney charged court cases shall receive $25 per occurrence.
•
?,l
Recommended Motion:
Adopt a resolution approving a labor agreement with the Richfield Police Supervisory
Association for the years 1996 and 1997 with 1997 reopener provisions for wages and
health and dental insurances.
Basis for Recommendation:
1. Wage and benefits settlements are comparable to other City of Richfield employee
groups.
2. The union members have voted on the issues and have given their approval to the
settlement.
3. The settlement proposal appears to be an equitable resolution of the contract for
both parties.
Alternative Recommendation:
Do not approve the labor agreement requiring further negotiations and/or arbitration.
Discussion/Decision Mode:
In order to allow the City's accounting personnel to modify payroll records and enact the
new pay grades retroactive to January 1, 1996 as quickly as possible, it is
recommended that the City Council act on July 22, 1996 to adopt the attached
resolution providing for the contract implementation effective January 1, 1996.
Resp ,wyqlly submitted,
Jame Prosser
City ager
JDP:cak
r1
9-0q-
RESOLUTION NO.
RESOLUTION APPROVING LABOR AGREEMENT
BETWEEN THE CITY OF RICHFIELD
AND THE RICHFIELD POLICE SUPERVISORS BARGAINING UNIT LOCAL 162
FOR THE YEARS 1996 AND 1997
WHEREAS the City Manager and the Richfield Police Supervisory Bargaining
Unit Local 162 have reached a complete understanding concerning rates of pay, hours
and other terms and conditions of employment for the years 1996 and 1997, and have
agreed wages, health and dental insurances may be reopened in 1997; and
WHEREAS the human resources ordinance requires that contracts between the
City and the Exclusive Representative of employees in an appropriate bargaining unit
shall be implemented by Council resolution.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby
approve the labor agreement between the City of Richfield and the Richfield Police
Supervisory Bargaining Unit for the years 1996 and 1997 with 1997 reopener provisions
and orders the provisions of the labor agreement to be implemented upon signature of
the labor agreement referenced herein by representatives of both the Richfield Police
Supervisory Unit and the City of Richfield to be effective January 1, 1996.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of July,
1996.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
40
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-*"'7
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 241
Agenda July 22, 1996
Issue Statement:
Public hearing and second reading of an interim ordinance which authorizes a study to
be conducted and a moratorium to be imposed on the development of
telecommunications towers and antennas in the City.
Background:
The City Code does not adequately address the issues related to the location and
installation of telecommunications towers and antennas for personal communication
services (PCS). It is important that the City thoroughly explore the issues regarding
telecommunication towers and antennas and prepare ordinance regulations that
effectively respond to requests for this type of use.
It is appropriate that the City impose a moratorium until October 1, 1996 to allow time to
adequately study the issues. The moratorium would not apply to antennas to be
located on the existing City water towers.
Recommended Motions:
Conduct a public hearing and approve second reading of an interim ordinance
10 authorizing a study on telecommunications towers and antennas and imposing a
moratorium on the development of telecommunications towers and antennas until
October 1, 1996.
Basis of Recommendation:
1. The City Code does not adequately address the issues related to the development
of telecommunications towers and antennas.
2. Conducting a study and providing a 90-day moratorium while the study is
conducted is a reasonable response.
3. Legal counsel has advised that if 90 days proves inadequate, an additional 30
days may be requested at a later date.
4. The moratorium excludes antennas to be placed on City towers.
5. The City Council held first reading on July 8, 1996 and set the public hearing and
second reading for July 22, 1996.
6. Notice of the hearing was published in the Sun-Current.
Alternative Recommendation:
• 1. The Council may decide not to authorize a study.
n-i
2. The Council may decide not to authorize a moratorium.
Discussion/Decision Mode:
A public hearing and second reading are scheduled at 7:00 p.m. on July 22, 1996. The
hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland
Avenue.
Respectfully submitted,
Ja a D. Prosser
City anager
JDP:cak
0
0
/)' aq-
0 ORDINANCE NO.
AN INTERIM ORDINANCE REGULATING TRANSMISSION AND RECEPTION
FACILITIES OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES:
ESTABLISHING A MORATORIUM; AND DIRECTING
A STUDY BE CONDUCTED THEREON
THE CITY OF RICHFIELD ORDAINS:
Section 1. Background.
1.01. The City of Richfield ("City") currently regulates various types of wireless
transmission and reception facilities through its officials controls.
1.02. Among the facilities that are currently subject to regulation are antennas and
towers having a fixed location and operated to furnish to the public commercial wireless
telecommunication services (hereinafter "CWTS"), including cellular, personal
communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), paging, and similar services that are marketed to
the public.
1.03. Market demand, rapid advances in technology and expanding federal licensure of
radio frequencies has resulted in the proliferation of CWTS in the recent past; and that
trend can be expected to accelerate in the reasonably foreseeable future.
1.04. The city's regulation of antenna and tower transmission facilities predates the
events described above and fails to differentiate among the various types of facilities
including CWTS.
1.05. The City Council is concerned that its official controls relating to antennas and
towers may not adequately address issues related to these towers, such as the
appropriate locations for the towers and the conditions under which they may be
allowed within the City, including structural and construction requirements, co-location,
setbacks, and height limitations.
1.06. The City has received inquiries from companies desiring to construct CWTS
towers and other facilities in the City.
1.07. Minnesota Statutes, section 462.255, subdivision 4, allows the City to adopt an
interim ordinance for the purpose of protecting the planning process and the health,
safety and welfare of its citizens.
• Section 2. Findings.
?-5
2.01. The City Council finds that it is necessary to conduct studies to determine if there
is a need to amend the City's official controls or its comprehensive plan relating to
CWTS's, and if so, to adopt the appropriate amendments.
2.02. The City Council finds that there is a need to adopt an interim moratorium
ordinance for the purpose of protecting the planning process and the health, safety and
welfare of its citizens regarding such matters.
Section 3. Planning and Zoning Study.
3.01. A study is authorized to be conducted by City staff to determine if the City's
official controls need to be modified as they relate to CWTS's.
3.02. Pending completion of the study and adoption of any amendments to the City's
official controls, there is hereby established a moratorium on the construction, erection,
placement, reconstruction, enlargement, or expansion of CWTS towers and CWTS
antennas within the City and on the development and use of property for such
purposes.
3.03. During the period of the moratorium, applications for final site and building plan
approval, building permits, and other permits and approvals related to such tower work
shall not be accepted by the City; neither the Planning Commission nor the City Council
shall consider or grant approval of any application for such work; and no building
permits for such work shall be issued. Notwithstanding any provision in this subsection
to the contrary, the City may, upon first reading of an ordinance adopted following the
study established by this moratorium, receive and review (but not decide) applications
for the work described in paragraph 3.02 above.
3.04. For the purposes of the moratorium, the term "CWTS tower" shall mean any pole,
spire, structure, or combination thereof, including supporting lines, cables, wires,
braces, and masts, intended primarily for the purpose of mounting an antenna or similar
apparatus above grade, for the purpose of providing commercial wireless
telecommunication services to the public.
3.05. For the purposes of this moratorium, the term "CWTS antenna" shall mean the
component of the CWTS which actually transmits and receives the signal.
3.06. The moratorium shall not apply to (a) the lawful use of existing towers, (b) the
repair and/or maintenance of any existing tower provided that such work does not
enlarge or expand that tower, (c) work on a tower necessary to preserve health, safety,
life, or property in the face of an emergency, (d) tower work that has received all
necessary permits and approvals from the City prior to the effective date of this
resolution, or (e) the placement of CWTS antennas on facilities owned and controlled
by the City subject to restrictions and limitations deemed appropriate by the City in its
sole discretion but only in circumstances where such placement would not be
inconsistent with the objectives of the study.
Section 4. Enforcement. The City may enforce this resolution by mandamus, injunction
or other appropriate civil remedy in any court of competent jurisdiction.
Section 5. Term. Unless earlier repealed by the City Council, this ordinance is effective
until October 1, 1996, and may be further extended for such additional periods as the
City Council may deem appropriate, not exceeding a total additional period of 18
months.
Adopted by the City Council of the City of Richfield, Minnesota this
day of , 1996.
Martin J. Kirsch, Mayor
ATTEST:
•
Thomas P. Ferber, City Clerk
•
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 240
Agenda July 22, 1996
Issue Statement:
Public hearing and second reading of an ordinance amending Section 1100.13 of the
Richfield City Code regulating lawful gambling.
Background:
The Council has directed staff to prepare an ordinance amendment that would provide
for some expansion of charitable gambling (pull tabs). The ordinance proposed
accomplishes the following:
• Permits would be issued to non-profit organizations who have a signed lease
agreement with establishments who hold an "on-sale, non-intoxicating liquor license"
(3.2 beer) or club license.
• The non-profit organization must have been established in Richfield for three years
prior to their application.
• The non-profit organization must have its principle place of business in Richfield.
• The non-profit organization must demonstrate that its services and funds are
substantially performed or spent within or on behalf of Richfield residents.
Is • Limits the number of permits for any one organization to three.
• Changes the period Council can approve or disapprove an application from 25 days
to 60 days.
• Sets out reasons an application can be disapproved to include where the activity
would be detrimental to health, safety and welfare.
• Must comply with all other codes.
• Provides specifically in ordinance form what is or is not permitted.
• Clarifies other parts of the charitable (lawful) gambling ordinance.
The remainder of the ordinance focuses on the application process and the regulatory
function, which closely patterns State law and administrative rules and is similar to an
ordinance adopted by the City of Minneapolis.
While this ordinance provides for significant assurances that this type of activity will be
limited to Richfield organizations, it is not a guarantee. For example, an outside
organization that has an officer who receives its mail in Richfield (business address)
and has for the past three years, could comply. They would, however, have to perform
substantial services to Richfield residents and spend funds in the same manner.
(0 4
The organizations who could qualify include:
• "S.P.O.R.Ty.", or its parent, the Richfield Youth Hockey Association
• • Other non-profit youth sports organizations
• Other non-profit organizations who support activities for kids; such as band
boosters, etc.
• Non-profit service clubs
• Local non-profit organizations; such as, F.O.W.L., Fourth of July Committee,
Richfield Foundation, etc.
While these organizations could make application, only the S.P.O.R.Ty. group, to staffs
knowledge, has gone through the other State requirements making them eligible for a
premise permit. This includes training a gambling manager(s). This ordinance should
not affect the current premise permits of the VFW and American Legion, other than
perhaps competition and requiring them to spend a "substantial" amount of their profits
in Richfield.
The ordinance being considered follows a history to include:
• A late fall 1996 Council Study Session in which S.P.O.R.Ty. requested expansion of
• the lawful gambling ordinance.
• An ordinance amendment which had a first reading on November 13, 1995, and
second reading on December 11, 1995. At the second reading, the Council heard
from approximately 20 interested persons, about half of which were in favor and half
opposed to any expansion of gambling. The ordinance passed.
• The ordinance was reconsidered at the January 8, 1996 Council meeting, at the
request of a Council Member. The ordinance was rescinded on a 5-0 vote. In
addition, a resolution was passed providing for further study.
• Meetings were held with S.P.O.R.Ty., the VFW and the group opposing the
ordinance. The final meeting was with all groups together. There was no resolution
to those opposing any expansion versus those favoring. They did agree that there
needs to be a mechanism to fund youth sports.
• At the Study Session on June 3, 1996, the Council again received input from all
parties. Each side remained firm on their position. A representative from
S.P.O.R.Ty. (see attached letter) did request that if an ordinance was considered,
that it include allowing premise permits at intoxicating, on-sale license
establishments, and the organizations who apply should have a membership of
which, for example, 60% are residents. The 60% issue is a legal question that the
City Attorney believes could be a problem since the Attorney General has an
opinion questioning this. The issue of allowing gambling in intoxicating liquor
establishments is a Public Safety concern. These establishments have a higher
propensity for problems and, therefore, not allowing further potential issues is a
consideration. However, this is a policy decision for the Council.
First reading of the ordinance amendment providing for certain types of charitable
gambling, and restricting it as far as possible to qualified organizations in the
community occurred at the City Council meeting on June 24, 1996.
Recommended Motion:
Conduct a public hearing and second reading of an ordinance amendment providing for
certain types of charitable gambling, and restricting it as far as possible to qualified
organizations in the community.
Basis of Recommendation:
1. The issue has been brought before various groups and the City Council numerous
times. While there is no middle ground to those who oppose versus those who
favor, an ordinance has been drafted that does provide some assurances of only
local organizations getting premise permits.
2. Public Safety has no objection to some expansion of this activity. The City Council
and staff have discussed this issue on several occasions and heard from parties on
both sides.
3. Amending Section 1100.13 of the ordinance will allow additional pull tabs in places
other than the VFW and American Legion. This amendment will restrict the activity
• to licensed, non-intoxicating liquor licenses which will assist in controlling the activity
and minimize persons under 21 from purchasing pull tabs.
Alternative Recommendation:
1. Do nothing. Leave the ordinance as is, which limits pull tabs to the current two
locations (VFW and American Legion).
2. Allow for further expansion by adding on-sale intoxicating liquor licenses as
requested by S.P.O.R.Ty.
Discussion/Decision Mode:
Conduct the public hearing and second reading of an ordinance amending Section
1100.13 of the Richfield City Code regulating lawful gambling.
Respectf y submitted,
James Prosser
City Manager
JDP:cak
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6-3
ORDINANCE NO.
AN ORDINANCE AMENDING SUBSECTION 1100.1; OF THE
RICHFIELD CITY CODE: RELATING TO LAWFUL GAM-
BLING
THE CITY COUNCIL OF THE CITY OF RICHFIELD DOES ORDAIN:
Section i . Subsection 1100. 13 of the Richfield City Code is amended to read as follows:
1100.13 Lawful gambling. Subdivision 1. Adoption by reference. Minnesota
Statutes. chapter 349 relating to charitable gambling and the
administrative rules adopted pursuant thereto are adopted by reference.
Subd. 2. Definitions , The definitions contained in Minnesota Statutes,
section 349.12, subdivision l are adopted and incorporated by reference and shall
constitute the definitions of those terms as used in this subsection.
Subd. 3. License or permit required. Lawful types of gambling shall be
permitted but only by organizations which have been issued either a currently
valid gambling license issued by the state charitable gambling board, or a permit
issued by the city to conduct gambling exempt from licensing under Minnesota
Statutes. section 34
9.214.
Subd. 4. Investigation: state 4eew..* premises permit.
:. tger- shall
II which The appkeant iheii be RetiAed in vmting of the date eft tiefi wi4l be i" , d b t;°euil?, CeA7:rEvery organization which files an
application for issuance or renewal of a Premises permit shall deliver the
application to the department of public safety as the designee of the city clerk
The director of Public safety shall investigate each application and report the
director's findings and recommendations to the city council In connection with
the investigation, the director of Public safety may require the organization to
submit such other documents and records deemed necc,ssary to verify comA1 i
ante
with the terms of this chanter and other laws relating to gambling
Subd. 5. Investigation and permit fee. The applicant for an efganiza
lP'RblifT premises permit shall pay to the city an investigation fee and
perT_.? nit fee as provided in appendix D of this code.
O-all iie4y the appliesni in wr-king when the fee is due in f"16 whieh due date
,4haP be at least. five ?efer-e the date that the Pepen is te be presemed te the
Z * d QAdi 15 S AUNN3A 9S : E Z 96, TT Nnr
is made. -T
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_ _t'lit?r}? flrinr J VAJ? Yi t' ??
??
Subd. 6. Council action.
Lai
1 -.1
Each pending application for a premises Rermit shall be approved or dis
approved
b re lution of the city council within sixty 60. days after revel t of the
application. The council shall consider the report of the department of public
safety, statements from the applicant, and any other information which the council
believes to be relevant to the application. , the seuneil may disappreve the heense e" that
basis.
.
The c' council may disa ov an a lication for issuance or
renewal of a premises permit for any- of the following reasons:
S1 Violation by the g ambling organization of any statute ordinance or
ruic relating to gambling;
Violation b the on-sae as-tablishmen
t. •r ether organization le7sint
it, 5-- premises for gambling, of anv statute, ordinance or rule relating to the
operation of the establishment including but not limited to laws relating to
alcoholic beverages, gambling controlled substances, supp ression of vice and
protection of public safety:
132 where the operation of eamblink at the site would be detrimental
to health, safety and welfare:
for any other good cause related to the operation of gambling or
the business located on the premises:
J?j Failure of the applicant to,pav the investigation fee provided
by subdivision 5 of this subsection within the time limit provided in
subdivision 5,
j Q) Failure of the applicant to pay the permit fee
Subd. 7• Review of apqkafigf? Location.
Lawful gambling under liven a issued b the Minnesota Gambling Control Board
may be conducted only at the following locations:
,:Ali 10 S C-4
Fr..n-t 7
E*6 N3AdJ5 '$ AG3NN3A 9S:ET 96, T Nnr
(a)
E, Or In die licensed_organization's hall wher8 it has its T@gl11ar meCtlfYgS.
No or anization shall rent, leasc or occuflv directly or indirectly, any other
property for the purpose of conducting gambling extent an on sale establishment
as crmitted in this chapter, or an organization leasing its Premises for the conduct
of bingo-,
--
{b)
. In licensed on-sale
nonirnoxicating, iguor establishments or establishments holding a club licence;
W Notwithstanding clauses -W and b above. Cla. s D raffle nl
Iicense5 may be approved for any groper location:
i') No location shall be approved for gambling unless it comFlies with
the a licable zonin building, fire and health codes of the Ci of Richfield.
!he AeFit$ble--gemlamm- beffd r-equestin b -, e b, ,
s
Subd. 7a. Conditions. The conduct of lawful gambling under license
issued by the charitable gambling board shall be subject to the following
conditions in the City of Richfield:
No sale, consumption or possession of liquor or-3.2 beer shall be
permitted during gambling conducted by a licensed organization except as
permitted under a valid on-sale club or nonintoxicating liquor license; provided
further that no sale,. consumption or possession of liquor, wine or 2 beer Shall
beRermitted in the room where a bingo session is taking-place
No organization shall be eligible for a gambling license unless for
the three 3 ears immediately preceding the date of application:
: It has had an office located in the City of Richfield. An
office is defined as the Principal location for the conduct of the organizati-
on*,, business. This may be substantiated through proof of activities such
as the payment of a mortgage or rent. Payment of utilities the conduct of
organization meeting, maintenance of organization records and receipt of
the_organlzation's mail
•
?•nNlnc;,c;q
C• d N3Ad65 S AC3NN3A LS : E T 96 d TT Nnr
6-b
?lt dernonstrates that during that eriod gubstintini services
r?
1?J
Bingo shall be subiect to the following conditions:
Bin o hall not be conducted m re than four 4 days each
week at anv site.
,(2) No more than seven 7 bin o occasions shall be conducted
each week by an organization..
213 Subject to the limits set forth above an organization may
lease its hall where it has its regular meetings to no more than one
licensed or ani • lion for -the conduct of bingo only, provided that the site
has been used for bingo b a valid! licensed or anization within the
previous three (3) years.
Sot Bingo balls shall not be Dermimd.
d) No organization shall hold more than three (3) vremisec vermits for
locations in the City of Riehiield.
Subd. 8. Reports. As a condition to approval of the license, the council
may require that the applicant agree to promptly furnish the city with copies of
all records. reports, accounts and other data which applicant will be required to
submit to the charitable gambling board during the term of the license. Failure
of the applicant to fulfill such requirement may constitute grounds for disapproval
of licenses in subsequent years.
Subd. 9. Notification to Charitable Gambling Board. The city manager
shall transmit a certified copy of the council resolution to the charitable gambling
board. If the council has disapproved the license, the city manager shall take such
actions as are reasonably necessar to deliver a copy of such resolution to the board
within -34 fit) days from the date that the city received notice of the license
application. A copy of the resolution shall also be provided to the applicant upon
request.
Subd. 10. Permit.
(a) Organizations desiring to conduct lawful gambling which is exempt
from state Iicensure under Minnesota Statutes, section 349.12. shall make
application to the city for a permit to conduct such lawful gambling.
(b) The application shall be on forms prepared by the city manager for
that purpose and shall be accompanied by the permit fee hereinafter required.
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S'd N3AUdD I AQ3NN3A BS:ET 96. TT Nnr
(c) The permit fee shall be as provided in appendix D of this code.
(d) The city manager shall issue the permit if the following conditions
have been met:
(1) Neither the designated gambling manager nor any of the
organization's officers have been convicted of any offense which would
indicate lack of suitability of the designated manager or the organization
to engage in the type of gambling activity for which the permit is sought.
(2) The organization has existed in the city for at least three years
prior to the date of application.
(3) On the date of application, the organization has at least 30
active members.
(4) The organization will either own or lease the premises where
the gambling activity would be conducted.
(5.) if the gambling activity is to occur on ]eased premises. the
lease will be for a term at least equal in length to the term of the permit
being sought.
(6) No sale. consumRtion or possession of intoxicating liquor will
ocmur_on the premises where the s ambling activity will be conducted:
however, nonin oxicatin malt liquor may be served and consumed if the
oS anizadon has obtained a valid temporary on-sale beer licence:
U) The organization complies with all statutory requirements for
an exempt Mr anization, including the 60-dap notice requirements to the
City. The director of public safety, when granting a permit to an exempt
organization, may waive the 60-day notice reauirement
(e)
(f) The permit fee may be waived in whole or in part by the city
manager. The portion of the fee waived shall be returned to the permittee upon
issuance of the permit. If the permit is denied, the city manager shall retain $50
of the fee to reimburse the city for its administrative and investigative expenses
in connection with consideration of the permit application.
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9 * d N3AOi 15 '8 AC3NN3A 8S : EZ 961 TT Nnr
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Subd. J 1. Lawful amblin at on-sale establishments. Lawful gambling
at on-sale nonintoxicatin li uor or clu license establishments shall be conducted
in compliance with the following regulations
Lal Only Class B and Class D garbling licenses as defined in
Minnesota Statutes section 49. may be issued exec t where the licensed
gambling organization also holds the nonintoxicating liquor or club license for the
remises in which case an class of eamblinn license may be issuedl
LbI On-sale establishments shall be limited to one Iicensed ambling
organization at any one time in. the licensed tnemises and any rooms adioining the
remises under the same management. No leave shall be made with one
or anization while another lease is in effect for the same on-sale establishment,
LCI Fve a me t between a nonprofit organization and an on-saie
remises for-Rambling shall in the farm of a written lease. The written lease
shall be the comvlete agreement between the narties and there shall be no
unwritten terms or conditi n . The eatie . ecificaI] rovides that the lessee shall
o rate onl after issuance of a ise • 12ermit and shall be subject to the terms
of this ordinance:
la A c_oyv of any lease agreement between a nonprofit organization
and an on-sale licensee shall be filed with the ublic safety director with the
remises permit avplieution:
(c) A lease agreement between a nonro£it organization and an on-sale
establishment shall not rovide for rental a ents based on a rcenta a of
recei is or -profits from lawful amblin . The maximum rental fee shall be one
thousand dollars (11,000.00) per month
Lfj Except for mechanical dispensing devices all gambling shall be
conducted from a booth or other area ro erI se 're atecl from the rest of the
licensed nremises. except that raffle ticicetti paddlewheel tickets and tinboards that
offer oniv merchandise prizes may be sold within the permitted nremises The
h steal layout of the area set aside for gambling Shall be subiect to the approval
of the Police license tn. eptor
I The gambling booth shall be constructed and maintained by the
organization licensed to conduct gambling and shall be under the exclusive
control of that organization. The or anization licensed to conduct gambling shall
prominently dis la its nurne at its gambling booth and shall indicate that all
profits from gambling are for the benefit of the organization,
Except as stated in clause (k), the organization licensed to conduct
gambiing shall have exclusive control over all ambling devices, gambling money,,
and gambling records No employee or agent of the on sale establishment shall
handle u_mblinz devices. Rambling money. prizes or gambling records nor shall
L'd
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6-9
then record winners, replays, or free games nor shall they otherwise conduct or
assist the licensed gambling or. Tanizations in-con yetinthe gamblin o eration.
Exc t for the o oration of mechanical dispensing devices no
crson shall be ointl em to ed both the licensed organization and the on-sale
establishment. Subject to the a rovai of the ublic safe director an exception
may be oermitwd for janitorial work
Jil Mm -Rambling booth shall be s arate from the liquor service bar.
No amblin shall be-conducted from the liquor service bar
LkI Neither the owner of the on-sale establishment nor their employees
shall have access to the interior of mechanical dimensing devices They are only
permitted toTedeem Winning tickets and record such winners as required by law
and rule.
Pannents for redemption of. winning pull tab tickets dispensed by
mechanical di, ensin device shall be made from funds v" ed b the on-sale
estab 'shmcn the vn-sae establishment shall be reimbursed b the lawful
gambling organization for winning tickets redeemed by the on-sale establishment,
reimbursements shall be made as provided in the lease a rg_eement.
No gambling funds shall be commingled- with funds of the on-sale
establishment:
Snt No food, drink, or entertainment discounts or other promotions shall
be offered in coniunction witb the sale of gambling devices or chances:
Lol The on-sale establishment shall allow the organization to conduct
-gambling at any time during its lawful business hours and shall prohibit gambling
at any time other than its lawful business hours:
jpI The on-sale licensee shall makg no agreements with any gambling
equipment distributor or manufacturer requiring the use of his or her gambling
equipment or any other equipment or vending machines in the establishment The
on-sale licensee shall not receive from any gambling equipment distributor or
manufacturer any money, gift, or other thing of value
cLgl Clauses (f). -Cg), _(h). (i), (,D and (k) of this subdivision shall not
apply when the licensed gambling organization is also the holder of the on-sale
license for the establishment where the gambling is conducted
Lr,2 No employee or agent of the licensed organization or any employee
or agent of the on-sale establishment shall engage in lawful gamblin, ng at the
establishment where they are employed
•
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Adopted by the City Council of the City of Richfield on , 1996.
Martin J. Kirsch
ATTEST:
Thomas P. Ferber, City Clerk
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^A?+].rrr?G9
H
E d N3AUdD '8 AUNN3>1 00 : b Z 96 . TT Nnr
WEST RICHFIELD LITTLE LEAGUE
%Richard C. Jabs
6805 Knox Avenue So.
•
•
Richfield, Minnesota 55423
866-2660
City of Richfield
6700 Portland Ave. So.
Richfield, Mn. 55423
Attn: Jim Prosser, City Manager
Date: July 7, 1996
Subject: Request for change in Ordinance
?-l l
Mayor - Adm. Svc
Council
Comm. Dev.
Afty. Utiifti__ _
C14 ? "creation
'la. Dir.
Mork Pub. Safety
Media Asst. _ Human Serv.
At the last City Council meeting the ordinance for lawful gambling was%roved €or---
a public hearing, to take place on the 22nd of July, before the City Council.
The Ordinance as it stands requires that lawful gambling in the form of pull-tabs may be
may be conducted by a non-profit organization in Richfield at a non-intoxicating liquor
establishment and that three (3) licenses will be let out.
S.P.O.R-T.Y. wants to thank the council for continuing to pursue this matter and diligently
listening to both sides of the discussion. We are confident that the final resolve will benefit
youth in Richfield and also the community by giving youth a chance to participate in
all types of activities.
We had hoped to speak to the council on the evening of the 1 st reading, but we never got
the chance, due to the rapid discussion and approval to move on to the public hearing.
As you are aware S.P.O.R.T.Y. has been working on this item for at least two (2) years and
we had originally intended to pursue only non-intoxicating liquor establishments, until
a bomb shell exploded. One establishment became quite greedy and collaborate
with an organization outside Richfield. Since then we had to regroup and we approached
the Ground Round as a partner and they agreed. As it is, this establishment will better
support the needs of S.P.O.RT.Y. and hopefully supply better traffic and help to insure
a profitable venture.
We are asking the council to reconsider the "non-intoxicating" liquor part of the ordinance
and allow the Public Safety Department to investigate and approve licenses to "any
on-sale liquor establishment" that meets their criteria of abiding by the law and following
safe business practices.
Sincere ours,
C. Jabs
President
. West Richfield Little League
5
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 239
Agenda July 22, 1996
Issue Statement:
Public hearing regarding a request for a subdivision waiver at 6816 Morgan Avenue to
allow a split of the parcel into two lots.
Background:
The applicant is requesting a subdivision waiver to divide the property at 6816 Morgan
Avenue into two lots. The lots were originally platted as two lots but were purchased by
one owner and joined for tax purposes.
The split of the property will result in two 8,910 square foot lots (66 feet by 135 feet),
which meet the minimum lot size of 6,700 square feet. The owner plans to construct a
new home on the second lot created by the subdivision.
Recommended Motion:
Conduct the public hearing and adopt the resolution authorizing the subdivision waiver
at 6816 Morgan Avenue to allow a split of the parcel into two lots.
Basis of Recommendation:
1. Approval of the subdivision waiver would not interfere with the purposes of platting
regulations, Section 500.05 of the City Code.
2. Compliance with the regular platting requirements of Section 500.05, Subd. 1 of
• the City Code would result in an unnecessary hardship.
3. Approval of the subdivision waiver would enable the property owner to develop a
single family home on the second lot.
4. The house remaining at 6816 Morgan Avenue meets all setback requirements.
5. Notice of the hearing was mailed to property owners within 350 feet of the subject
property.
Alternative Recommendation:
The City Council may deny this subdivision waiver if a finding of fact determines that the
proposal would have an adverse impact on adjacent properties.
Discussion/Decision Mode:
A public hearing is scheduled at 7:00 p.m. on Monday, July 22, 1996. The hearing will
be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue.
Respectfully submitted,
Jame . Prosser
city M ager
JDP:cak
5-1
•
RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
6816 MORGAN AVENUE
WHEREAS, an application has been filed with the City of Richfield which
requests approval of a subdivision waiver for the division of certain parcels of land
generally located at 6816 Morgan Avenue, legally described as Lots 4 and 5, Block 7,
Wood Lake Highlands, City of Richfield, Hennepin County, Minnesota; and
WHEREAS, the proposed division of land for which the subdivision waiver is
sought is legally described as follows:
• Parcel A: Lot 4, Block 7, Wood Lake Highlands, City of Richfield, Hennepin
County, Minnesota;
• Parcel B: Lot 5, Block 7, Wood Lake Highlands, City of Richfield, Hennepin
County, Minnesota; and
WHEREAS, the two lots resulting from the subdivision waiver will comply with
Section 521.09 of the City Code relating to lot area and width; and
WHEREAS, the City has fully considered the request for approval of the
subdivision waiver; and
• WHEREAS, the Council finds that compliance with the City Code Section
500.05, Subd 1 would result in unnecessary hardship and that failure to comply
therewith will not interfere with the purposes of platting regulations of Section 500.01.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, as follows:
1. A waiver for the subdivision of property legally described above is hereby
approved subject to the following condition:
That all future transfer of any of the property described as Lots 4 and 5,
Block 7, Wood Lake Highlands, City of Richfield, Hennepin County,
Minnesota shall be by parcel or parcels described above as Parcel A and
Parcel B.
2. Upon compliance with such condition, City staff is authorized and directed to
take any action necessary to effectuate this resolution and to authorize the
recording of conveyances complying with the requests of this resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
July, 1996.
Martin J. Kirsch, Mayor
. ATTEST:
Thomas P. Ferber, City Clerk
A--?
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NORTH
SITE PLAN
SCALE: V= 25' DATE: 7-12-96
4s
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 238
Agenda July 22, 1996
Issue Statement:
Award of contract for rehabilitation of deteriorated sanitary sewer lines and appurtenant
work.
Background:
The City has been identifying deteriorated sanitary sewer lines primarily through
televising the lines. Bids were requested for rehabilitation work of 5,420 feet of sanitary
sewer lines. The rehabilitation work consists of lining pipes with deformed and
reformed polyethylene or polyvinyl chloride liner. The work is to be performed in
various areas of the City where pipes are most in need of repair, that is, broken pipes,
mismatched joints or leaking pipe. Leaking pipes which allow groundwater into the
system, increase the City's payments for the treatment of sewerage. This is the second
year of a five year rehabilitation program which is sometimes called sliplining. The low
bid of $26.50 per foot is down from $30.00 per foot last year.
Bids from three contractors were opened in accordance with legal requirements on July
10, 1996 with the following results:
• Visu-Sewer Clean & Seal, Inc. $147,380
Insituform Central, Inc. 155,135
LaMetti & Sons 177,754
The adopted 1996 Wastewater Maintenance budget includes a total of $200,000 for all
aspects of the 1996 rehabilitation project. Because the lowest bid was favorable, there
is an opportunity for additional rehabilitation within the terms of the contract. The
contract incorporates Minnesota Department of Highways specifications which permit
an increase of the contract amount by up to 25%.
Recommended Motion:
Accept the bid minutes/tabulation and award a contract for rehabilitation of sanitary
sewer lines to Visu-Sewer Clean & Seal, Inc. in the sum of $147,380 with the
understanding the contract may be increased by up to 25%.
Basis of Recommendation:
1. Visu-Sewer Clean & Seal, Inc. submitted the lowest responsible bid. There are a
limited number of vendors available in Minnesota and Iowa to do this type of work.
These vendors, including Visu-Sewer Clean & Seal, Inc., are considered to be
responsible.
0
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2. There is sufficient funding in the Wastewater Maintenance Division for the original
contract amount and for up to a contract total of approximately $184,200 should all
the allowable additional 25% contract increase amount be used.
Alternative Recommendation:
1. Council may choose to reject all bids and direct staff to obtain new bids. However,
there are a limited number of vendors who do this work and the bids received are
reasonable for the amount of work which needs to be completed. Staff does not
believe a better price could be obtained from a suitable contractor.
2. Award the contract to Insituform Central, Inc., the second bidder. However, the bid
of Insituform Central, Inc., a reputable contractor, exceeds the low bid and there is
no apparent reason to award to other than the low bidder.
Discussion/Decision Mode:
This item is scheduled for the July 22, 1996 City Council meeting. Staff is requesting
approval at this time in order to facilitate timely completion of this project.
Resp Ily submitted,
Jame D. Prosser
City Manager
JDP:cak
U
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CITY OF RICHFIELD, MINNESOTA
Bid Opening
June 29, 1995
10:00 a.m.
Sanitary Sewer Rehabilitation
Bid No. 96-16
48-a
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 sanitary sewer rehabilitation, Bid
No. 96-16, as advertised in the official newspaper on June 26 and July 3, 1996.
Present: Thomas Ferber, City Clerk
Steve Devich, Administrative Services Director
Cheryl Krumholz, City Manager Representative
•
The following bids were submitted and read aloud:
VENDOR Bid Security Amount
Lametti & Sons, Inc. 5% Bid Bond $ 177,754.00
Hugo, MN
Visu-Sewer Clean & Seal, Inc. 5% Bid Bond $ 147,380.00
St. Louis Park, MN
Insituform Central, Inc. 5% Bid Bond $ 155,135.00
Chesterfield, MO
The City Clerk announced that the bids would be tabulated and considered at the July
22, 1996 City Council Meeting.
Thomas P. Ferber City Clerk
0
4A
City OF RICHFIELD, MINNESOTA
Council Letter No. 237
Agenda July 22, 1996
Issue Statement:
Payment to the League of Minnesota Cities Insurance Trust in the amount of
$34,398.48.
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. In 1986, the City 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 July 18, 1992, a woman exited the passenger side of a private vehicle parked in
front of a Richfield residence. She stepped in a depression left from a tree removal and
suffered injuries. She claimed the City should not have left such a hole, or at least
warned of the depression.
A settlement was reached in a mediation session. The claimant has agreed to accept
$32,500 as full settlement of her claim, and the City has incurred an additional
$1,898.48 in legal expenses in defending the action. Since these expenses fall below
the City's deductible limit, the City is directly responsible for the payment.
Recommended Motion:
Approve the payment to the League of Minnesota Cities Insurance Trust in the amount
of $34,398.48.
Basis for Recommendation:
1. The City's insurance policy provides that the insurance carrier shall, at its
discretion, investigate, settle, or defend any claims or suit against the City. In
reaching a mediated settlement, the City must pay the League of Minnesota Cities
Insurance Trust for the settled claim and incurred legal expenses.
2. Funding is provided for defense or payment of claims costing less than the
$50,000 deductible.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is on the July 22, 1996 regular City Council meeting consent calendar.
Payment should be made to reimburse the insurance carrier as quickly as possible.
Res e f Ily submitted,
Jam . Prosser
City Hager
JDP:cak
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 236
Agenda July 22, 1996
Issue Statement:
Presentation of recognition awards to Firefighter David Quebodeaux, Police
Investigator Daniel Mead and members of the Police Special Services Unit.
Background:
In May, the Richfield Optimist Club presented award plaques to Firefighter Quebodeaux
and Investigator Mead at their club meeting. Firefighter Quebodeaux was recognized
for his efforts in planning and counseling at Safety Camp. Agent Mead was recognized
for his contributions to youth and the community during his 20 year career in such areas
as crime prevention officer, school liaison, and initiator of sexual assault awareness
classes at Richfield Senior High. Additionally, the Police Commendation Review Board
recommended that Agent Mead receive a Department Commendation for his work on
the Colleen Buckley homicide. The Board also recommended that Department
Commendations be individually awarded to members of the Special Services Unit for
their commitment to excellence and training which led to the Unit being chosen Best in
Team Work at the 1995 Minnesota Tactical Training Conference held at Camp Ripley.
Recommended Motion:
Present recognition certificates to Firefighter David Quebodeaux, Investigator Daniel
Mead and the following members of the Special Services Unit: Glenn Mork, Daniel
Mead, Thomas Blair, John Conito, Jay Henthorne, Michael Koob, Kenneth Mikle,
Patrick Moriarty, David Kromschroeder, William Nikituk and Mark Shelley.
Basis of Recommendation:
1. The presentation of these awards will serve to increase public awareness of
quality services by City employees and recognition by civic organizations.
2. The efforts of the employees are deserving of recognition.
Alternative Recommendation:
1. None.
Discussion/Decision Mode:
Presentation of the certificates to Firefighter David Quebodeaux, Investigator Daniel
Mead and to members of the Special Services Unit is scheduled for the July 22 Council
meeting.
Resp II submitted,
James rosser
City Manager
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