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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 0 • t IH 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. u-a • • 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 r? Richfield Municipal Liquor Store 7700 Lyndale Avenue South 4/ 1l u 7 CM - Greystone Cc 3 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 i 1 I 7700 LYNDALE AVENUE w z ?I o? w I LIQUOR STORE SITE Z w U w zl W Q 1 I Q W Q D z 4 a O cr) 0 co i p z J I 50' ALREADY VACATED-,,, I r NORTH SCALE: V= 30' DATE: 7-12-96 SITE PLAN S 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 Y-3 NI 1.0 co U O a I - f N N N N ? u - V? ^ N _ ? % - O d a :! O J. J .E j .n . w w = w C C A w C } - 3 0 v p L u p U w y 7 3 7 c Z:2 ZU - ?V Z S ZS ZS I? I LI Ia I I I ' u Ci N ? N d - C _ O u r N v N N D- r-i ? O ? ? NI ? •+ ? Sa w }nazi I v v' i v? y ti I ?! w 41 N? N ? I I p 20 OI O O r a z ?4 I = a ?- = -z Z l I .n a 3 V - V ? 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M ?..• W Z`u < O O O Ifl I ^? 661 ;%+ L O ?o O O if1 \ z \ z \ z N C N _ v z ? \ \ N I ? L _:OS f) z z 4 O Le) 4 O W C - . Z r ( cn Z O a -- v ? r, e? I cn = _ I V) I I III E5 - 'FZ 3 1y? B? -*"'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 0 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 4ie --- - - Y _ _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. a 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. • 5 6-7 9 * d N3AOi 15 '8 AC3NN3A 8S : EZ 961 TT Nnr ?- 2 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 N3/1dbJ '8 AQ3NN3A 6S:ES 96d SZ Nflt 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 • B ' d N3Ad?19 I AC3NN3M 6S : 6ti 96, TT Nnr ?-Jo Adopted by the City Council of the City of Richfield on , 1996. Martin J. Kirsch ATTEST: Thomas P. Ferber, City Clerk • • ^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--? ?lv 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 q e), I 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 ?J 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 JDP:cak