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12-11-95 agenda• CITY OF RICHFIELD, MINNESOTA MONDAY, DECEMBER 11, 1995 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE 27,1995; (2) SPECIAL CITY COUNCIL MEETING OF NOVEMBER 29,1995; (3) SPECIAL CITY COUNCIL MEETING CLOSED EXECUTIVE SESSION OF DECEMBER 1; 1995; AND (4) SPECIAL CITY COUNCIL MEETING OF DECEMBER 6, 1995 APPROVAL OF MINUTES OF THE (1) REGULAR CITY COUNCIL MEETING OF NOVEMBER PRESENTATION OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 2. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR • 3. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF RESOLUTION REAPPOINTING WILLIAM BRUSMAN TO RICHFIELD TOURISM PROMOTION BOARD C.L. 317 B. CONSIDERATION OF APPROVAL OF CONTINUATION OF AGREEMENT WITH CITY OF BLOOMINGTON FOR PROVISION OF PUBLIC HEALTH SERVICES FOR RICHFIELD FOR 1996 C.L. 318 C. CONSIDERATION OF APPROVAL OF CONTINUATION OF AGREEMENT WITH CITY OF BLOOMINGTON FOR PROVISION OF INSPECTIONAL SERVICES FOR RICHFIELD FOR 1996 C.L. 319 • D. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 THROUGH JOINT PURCHASING AGREEMENT WITH HENNEPIN COUNTY FOR THREE ADMINISTRATIVE VEHICLES FOR USE BY PUBLIC SAFETY DEPARTMENT FROM MIDWAY FORD IN AMOUNT OF $43,813 C.L. 320 E. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR CHEMICAL CHLORINE REQUIRED TREATMENT AT PUBLIC WATER PLANT FROM FEED-RITE CONTROLS, INC. IN AMOUNT OF $6,197.80 C.L. 321 F. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR PRINTING OF 1996 SPRING LEISURE SERVICES PROGRAM BROCHURE FROM NYSTROM PUBLISHING COMPANY IN AMOUNT OF $5,309 C.L. 322 G. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR POLYMER FROM FREMONT INDUSTRIES IN ESTIMATED AMOUNT OF $12,720 C.L. 323 H. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR CARBON DIOXIDE ESSENTIAL FOR WATER TREATMENT FROM KOCH CARBON DIOXIDE COMPANY IN AMOUNT OF $10,400 C.L. 324 ' 1. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR HYDROFLUOSILICIC ACID (FLUORIDE) FROM FEED-RITE CONTROLS, INC. IN ESTIMATED AMOUNT OF $7,560 C.L. 325 J. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR RANGE BALLS FOR RICH ACRES DRIVING RANGE FROM SPALDING IN AMOUNT • K. OF $8,605.75 C.L. 326 FIRST AND FINAL PAYMENT IN REHABILITATION OF SLIP LINE IN SEWER FUND; VISU-SEWER CLEAN & SEAL, INC.; $144,270.00 PUBLIC HEARINGS 4. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING SECTION 1100.13, SUBD. 7 WHICH WILL ALLOW CHARITABLE GAMBLING (PULL TABS/PULL TAB MACHINES) AT PLACES OTHER THAN AMERICAN LEGION AND VFW AND LIMITING PULL TABS TO LICENSED LIQUOR ESTABLISHMENTS COUNCIL LETTER NO. 327 5. PUBLIC HEARING AND SECOND READING OF ORDINANCE MODIFYING DEPARTMENT RESPONSIBILITY FOR ADMINISTRATION OF CITY'S RECREATION ENTERPRISE FUND COUNCIL LETTER NO. 328 6. PUBLIC HEARING AND REQUEST FOR CONSIDERATION OF AMENDED PLANNED UNIT DEVELOPMENT/FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT RELATED TO PHASE II OF CSM REDEVELOPMENT PROJECT COUNCIL LETTER NO. 329 7. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT ESTABLISHING DEADLINES FOR ZONING CASES THAT ARE IN COMPLIANCE WITH STATE LAW COUNCIL LETTER NO. 330 8. PUBLIC HEARING TO CONSIDER 1996 ON-SALE AND SUNDAY LIQUOR LICENSES FOR AMERICANA DINING CORPORATION D/B/A CHAMPPS SPORTS CAFE, 790 WEST 66TH STREET COUNCIL LETTER NO. 331 9. PUBLIC HEARING TO CONSIDER 1996 ON-SALE AND SUNDAY LIQUOR LICENSES FOR FRED BABCOCK V.F.W. POST NO. 5555, 710 LAKE SHORE DRIVE COUNCIL LETTER NO. 332 10. PUBLIC HEARING TO CONSIDER 1996 ON-SALE AND SUNDAY LIQUOR LICENSES FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE COUNCIL LETTER NO. 333 11. PUBLIC HEARING TO CONSIDER 1996 ON-SALE AND SUNDAY LIQUOR LICENSES FOR CHI-CHI'S, INC. D/B/A CHI CHI'S MEXICAN RESTAURANTE, 7717 NICOLLET AVENUE COUNCIL LETTER NO. 334 12. PUBLIC HEARING TO CONSIDER 1996 ON-SALE AND SUNDAY LIQUOR LICENSES FOR GROUND ROUND OF MINN. INC. D/B/A THE GROUND ROUND, 1500 EAST 78TH STREET COUNCIL LETTER NO. 335 13. PUBLIC HEARING TO CONSIDER 1996 ON-SALE AND SUNDAY LIQUOR LICENSES FOR PAISAN INCORPORATED D/B/A KHAN'S MONGOLIAN BARBEQUE, 500 EAST 78TH STREET COUNCIL LETTER NO. 336 14. PUBLIC HEARING TO CONSIDER 1996 ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR GIN NG INC. D/B/A SILVER SPOON RESTAURANT, i 6700 PENN AVENUE COUNCIL LETTER NO. 337 15. PUBLIC HEARING TO CONSIDER 1996 ON-SALE WINE AND MALT LIQUOR LICENSES FOR KIANG'S RED PEPPER, INC. CHINESE RESTAURANT, 2bO WEST 66TH STREET COUNCIL LETTER NO. 338 NON-INTOXICATING D/B/A RED PEPPER 16. PUBLIC HEARING TO CONSIDER 1996 ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR MILLER'S FIRESIDE PIZZA, INC., 6736 PENN AVENUE COUNCIL LETTER NO. 339 17. PUBLIC HEARING TO CONSIDER 1996 ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR THE FRENCHMAN'S, 1400 EAST 66TH STREET COUNCIL LETTER NO. 340 18. PUBLIC HEARING TO CONSIDER 1996 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE FOR PLAZA PAWN, 6414 NICOLLET AVENUE COUNCIL LETTER NO. 341 19. PUBLIC HEARING TO CONSIDER 1996 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE FOR FIREARM SYSTEMS AND DESIGN D/B/A THE GUN SHOP AND PAWNBROKER, 7529 LYNDALE AVENUE COUNCIL LETTER NO. 342 RESOLUTIONS 20. CONSIDERATION OF RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR FINANCIAL APPLICATION SOFTWARE AND RELATED EQUIPMENT COUNCIL LETTER NO. 343 21. CONSIDERATION OF RESOLUTION AMENDING LETTER OF UNDERSTANDING BETWEEN CITY OF RICHFIELD AND CITY MANAGER, ADJUSTING COMPENSATION COUNCIL LETTER NO. 344 22. CONSIDERATION OF RESOLUTIONS INCREASING 1995 GENERAL SERVICES, jo SPECIALIZED AND MANAGEMENT PAY PLANS BY.5% TO MAINTAIN COMPARABLE WORK COMPLIANCE COUNCIL LETTER NO. 345 0 23. CONSIDERATION OF ADOPTION OF 1995 REVISED/1996 PROPOSED BUDGET AND FINAL TAX LEVY AND RELATED RESOLUTIONS COUNCIL LETTER NO. 346 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 24. CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 COUNCIL LETTER NO. 347 25. CONSIDERATION OF CERTIFICATION OF HOUSING GOALS RELATED TO METROPOLITAN LIVABLE COMMUNITIES ACT LOCAL HOUSING INCENTIVES PROGRAM COUNCIL LETTER NO. 348 26. CONSIDERATION OF CONDUCTING CITY COUNCIL MEETING ON DECEMBER 26, 1995 COUNCIL LETTER NO. 349 AIRPORT BUSINESS 27. AIRPORT STATUS REPORT CORRESPONDENCE 28. LEGISLATIVE REPORT COUNCIL CHOICE 29. COUNCIL DISCUSSION ITEMS 30. CLAIMS AND PAYROLLS 31. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861-9702. ?? CITY OF RICHFIELD, MINNESOTA Council Letter No. 349 Agenda December 11, 1995 Issue Statement: Council consideration regarding conducting a City Council meeting on December 26, 1995. Background: The City Council regularly meets the second and fourth Monday evening of each month. However, items for the December 26, 1995 Council meeting can be carried over to January 1996. It is suggested that the regular Council meeting scheduled for December 26, 1995 be canceled. Recommended Motion: Cancel the City Council meeting scheduled for December 26, 1995. Basis of Recommendation: 1. The City Council business can be carried over to January 1996. 2. The December 26 meeting follows the Christmas holiday weekend. • Alternative Recommendation: 1. Do not cancel the December 26 City Council meeting. 2. Reschedule the Council meeting. Discussion/Decision Mode: This item has been placed on the December 11, 1995 City Council agenda so proper notification can be made if the December 26 meeting is canceled or rescheduled. Respectfully submitted, Jame . Prosser City M ager JDP:cak • a? CITY OF RICHFIELD, MINNESOTA Council Letter No. 348 Agenda December 11, 1995 Issue Statement: Consideration of certification of housing goals related to Metropolitan Livable Communities Act Local Housing Incentives Program. Background: On November 13, the City Council authorized the HRA to formulate housing goals and submit them to the Metropolitan Council. This action is part of the ongoing response to the Metropolitan Livable Communities Act Local Housing Incentives Program. The Metropolitan Council has established a deadline of January 15, 1996 for approval of all community housing goals. The City Council and HRA actions are requested to consider the housing goals prior to the end of December. A copy of the principles and housing goals for review by the City Council and HRA are attached. Each participating community is being asked to certify a "Housing Goal Agreement" which was drafted by the Metropolitan Council. The first section is titled "Principles." These are appropriate for Richfield and the City has generally been operating by these principles. The second section relates to "Goals." Based on a housing affordability index entitled "City Index," 97 percent of Richfield housing is considered affordable. By studying the southwest metropolitan housing market, the Metropolitan Council concluded that Richfield should increase the ratio of market rate homes (thereby reducing the percentage of affordable housing) within a "Benchmark" range (second column). The third column is Richfield's response based on locally decided goals, plans and programs to approach the benchmark range. Accomplishing these goals is consistent with the following objectives which are shared by the City Council and HRA given sufficient resources and reflect current programs; • More market rate new construction and remodeled homes. • Development of low density attached single family homes. • A greater variety of apartment choices. • Affordable housing opportunities such as Vo-Tech or Habitat. By June 1996, an action plan to achieve the stated goals must be developed. Recommended Motion: Authorize the Mayor to certify that Richfield will make its best efforts, given market conditions and resource availability, to achieve housing goals as outlined herein following review and concurrence by the Richfield HRA. Basis of Recommendation: 1. The goals are consistent with community needs. as-? • 2. The Mayor is required to certify the goals to the Metropolitan Council. 3. The submission of these goals is the next step in the City Council/HRA action to participate in Metropolitan Livable Communities Act programs. 4. The Metropolitan Council requires certification by December 19, 1995. 5. The "Benchmark" provided by the Metropolitan Council is reasonable. The Richfield goals in response, considering all public and private market actions are taken into account, appear possible. 6. Check points at five year intervals (2001 and 2006) provide an opportunity to adjust goals for market conditions and resources as they change over time. Alternative Recommendation: 1. Modify the goals. Discussion/Decision Mode: The goals will be finalized with the Metropolitan Council after both the City Council and HRA review are completed. Respect Ily submitted, James Prosser City Manager JDP:ds 0 as-a HOUSING GOALS AGREEMENT METROPOLITAN LIVABLE COMMUNITIES ACT PRINCIPLES The City of Richfield supports: 1. A balanced housing supply, with housing available for people at all income levels. 2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. 3. A variety of housing types for people in all stages of the life-cycle. 4. A community of well-maintained housing and neighborhoods, including ownership and rental housing. 5. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. 6. The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. GOALS To carry out the above housing principles, the City of Richfield agrees to use benchmark indicators for communities of similar location and stage of development as affordable and life-cycle housing goals for the specified periods, and make its best efforts, given market conditions and resource availability, to remain within or make progress toward these benchmarks. The goals will be reviewed by the Richfield Housing and Redevelopment Authority (HRA) in 2001 and 2006. 0 CITY INDEX FOR RICHFIELD BENCHMARK (1996 to 2010) RICHFIELD GOAL (1996 to 2001) Affordability Ownership 97% 64-77% 92% Rental 64% 32-45% 59% Life-Cycle Type (Non-single family detached) 36% 38-41% 36-41% Owner/renter Mix 65/35% (64-70) / (30-35)% (65-70) / (30-35)% Density Single-Family Detached 3.6/acre 2.3-2.9/acre 2.9-3.6/acre Multifamily 21/acre 11-15/acre 15-21/acre Q 3 To achieve the above goals, the City of Richfield elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program, and will prepare and submit a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to carry out the above goals. CERTIFICATION Mayor Date 0 04 CITY OF RICHFIELD, MINNESOTA Council Letter No. 347 Agenda December 11, 1995 Issue Statement: Consideration of Memorandum of Understanding with the International Union of Operating Engineers, Local 49. Background: Local 49 represents approximately 40 City employees primarily in the position of Community Service Worker. During the settlements of labor contracts in 1995, Local 49 employees were granted an increase in pay rates which amounted to 2.5% for the year. Prior to the 1995 settlement, Local 49 employees in Richfield were paid below average for work performed by employees in similar positions in the metro area. Subsequent settlements for Local 49 employees for 1995 in other communities, as well as settlements with Richfield Police and Fire, resulted in settlements greater than 2.5%. The net result is that Local 49 employees in Richfield have fallen further below the metro average for comparable positions to near the bottom of comparison pool. One significant detrimental result of this positioning is that Richfield has lost a number of well trained, accomplished Community Service Workers in the past year to other cities. In addition, many current Richfield Community Service Workers compete for similar jobs in other cities as they become available. This loss of some of Richfield's better qualified Community Service Workers is very costly to the City. In essence, Richfield becomes the training and proving grounds for these positions in other metro cities. This process must be addressed as soon as possible. Richfield's pay philosophy has historically been to generally pay at or about average for most positions. The most effective remedy to the current problem is to work to attain an average position once again. It is staffs recommendation that the Local 49 pay plan be adjusted by a .5% increase for the last pay period of 1995. While there is minimal additional cost in 1995 for this adjustment, it would bring Local 49 employees closer to the average for other Local 49 employees in the metro area. Recommended Motion: Authorize the City Manager to execute a Memorandum of Understanding to the 1995 Local 49 Labor Contract providing for a .5% pay adjustment for the last pay period of the year. Basis of Recommendation: 1. Richfield Local 49 employees have fallen well below the metro average for such positions. 6? q -I 02. This unfavorable comparison has cost the City in terms of significant turnover and training. 3. The .5% increase would slightly adjust the 1995 year-end base wage to assist in moving closer to average. 4. City Police and Fire employees' pay for 1995 was increased by 3%. Alternative Recommendation: 1. The City Council could decide to leave the 1995 pay rates for Local 49 as they are. Discussion/Decision Mode: If any adjustment is to be made for 1995 it should be done at the December 11, 1995 City Council meeting. Respectfully submitted, James .Prosser City Manager • JDP:cak 0 aC/-a Memorandum of Understanding between the City of Richfield and the International Union of Operating Engineers IUOE Local No. 49 AFF-CIO 0 WHEREAS, the City of Richfield (City) and the International Union of Operating Engineers, Local No. 49 (Union) both desire to make an adjustment to the wage rates of union employees for the last pay period in 1995; and WHEREAS, the City has agreed to increase wage rates for Union employees commencing the last pay period of 1995. NOW, THEREFORE, the City and Union mutually agree to increase pay rates for Union employees by .5% commencing with the last pay period of 1995. For the City: For the Union: 0 a3 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 346 Agenda December 11, 1995 Issue Statement: Adoption of the 1995 Revised/1996 Proposed budget and final tax levy and related resolutions. Background: The City of Richfield has conducted and closed its 1995 truth-in-taxation hearing on December 6, 1995. During the course of the public hearing, there was an opportunity for testimony from the general public. Information was also presented by staff in accordance with the truth-in-taxation statute. The City Council must now take final action on the City's budget and tax levy. State Statute requires that final action by each municipality be taken on a final levy no later than December 20, 1995. The City then has five days to prepare all necessary reports and certification for submission to the County Auditor and State Department of Revenue. In addition to the resolutions authorizing the revised 1995 budget and adopting a 1996 budget and tax levy, several other resolutions included within the total budget document need to be considered. Resolutions pertaining to water and sewer utility rates, capital improvement and program budget, compensation plans and license/permit fees should also be considered. In September 1995 the City approved and certified a preliminary tax levy of $7,637,200 to Hennepin County. The final tax levy must now be considered and approved by the City Council. The final levy may be less but cannot be greater than the preliminary levy amount. Taxpayers have received individual parcel specific tax notices in anticipation of the truth-in-taxation public hearing. Recommended Motion: Adopt the resolutions approving the 1995 Revised/1996 Proposed budget and tax levy and related resolutions. Basis of Recommendation: 1. A revised 1995 budget and final 1996 budget and tax levy must be adopted on or before December 20, 1995. 2. A proposed 1996 tax levy has been submitted to the City Council for consideration. The revised 1995 budget reflects a $40,680 increase from the adopted budget but continues to remain a balanced budget. • j 3-1 3. A truth-in-taxation public hearing for the 1996 proposed budget and tax levy has been conducted in accordance with state law. Alternative Recommendation: The City Council could adopt a final 1996 budget and a tax levy in any amount which does not exceed the preliminary levy of $7,637,200. Discussion/Decision Mode: It is suggested that the City Council take action on these items at the December 11, 1995 regular City Council meeting to ensure ample time to prepare final documents for submission to the County Auditor. Action on this item cannot be taken on the same night as public testimony on the budget and tax levy are taken, according to state law. Respectfuliv submitted, James D."Prosser City Manager JDP:ds 0 a3-012- 0 RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 1995 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 8204 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 1995; and WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority to transfer unencumbered appropriation balances from one department to another within the same fund at the request of the City Manager; and WHEREAS, The City Manager has requested a revision of the 1995 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 1996 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 1995 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative Executive Administrative Services Community Development Public Safety Community Services Transfers $ 192,920 421,150 896,590 240,110 6,731,460 4,098,250 108,340 TOTAL GENERAL FUND INCREASE $12,688,820 $ 40,680 2. Estimated 1995 gross revenue of the City of Richfield from all sources, as the same are more fully detailed in the City Manager's official copy of the proposed 1996 budget, are hereby revised as follows: INCREASE $ 40,680 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. • R-9 Adopted by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk C P--? a3-? • RESOLUTION NO. RESOLUTION ADOPTING A BUDGET AND TAX LEVY FOR THE YEAR 1996 WHEREAS, The Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 1995, and then recertified before December 31, 1995. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 1996 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund • Legislative Executive Administrative Services Community Development Public Safety Community Services Transfers TOTAL GENERAL FUND $ 193,710 .435,000 967,340 222,190 6,975,730 4,209,630 111,670 $13,115,270 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 1996, which are more fully detailed in the City Manager's official copy of the 1996 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $13,115,270 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 1995, payable in 1996 for the following purposes and in the following amounts: PURPOSE AMOUNT GENERAL FUND $7,637,200 n U ' Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees' Retirement Association and the Fire Relief Association. R-10 CJ_ 4J • 4. The budget for the Housing and Redevelopment Authority of Richfield for the year 1996 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 1995, payable in 1996 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $149,800 Relocation Information Services and Assistance $ 14,950 5. A certified copy of this resolution shall be transmitted to the County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. 0 Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 11 ?3.'(o RESOLUTION NO. RESOLUTION ESTABLISHING SANITARY SEWER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: SANITARY SEWER SERVICE RATES AND CHARGES FOR 1996 1. Pursuant to the provisions of Section 7.05 of the Ordinance Code of the City of Richfield, the rates and charges for use and service of the sanitary sewer system are hereby established to be those set forth in the following paragraphs of this resolution which rescinds Resolution No. 8205: 2. Where the rate is not based upon the metered use of water, the following quarterly flat charges are established effective January 1, 1996 for each billing district as defined in paragraph 3 of this resolution. 1996 A) Residential per unit $ 26.30 B) Commercial - For the equivalent of 10 or less persons $ 26.30 More than 10, less than 16 59.80 More than 15, less than 21 89.50 More than 20, less than 26 119.60 C) Institutional - For each public or private school the quarterly flat charge shall be charged whether the school is in session or not (rates being charged upon average yearly use); shall be based upon the number of students enrolled at the beginning of the quarterly billing period or the preceding period if school is not then in. session; and shall be as follows: 1996 For each 100 grade school students or fraction in excess thereof $ 47.60 For each 100 junior high school students or high school students or fraction thereof 119.60 D) In addition to the above flat rates there shall be a customer charge on each invoice as determined in paragraph 4 of this R-11 (?3Y resolution and a certification charge as determined in Section 7.05 of the City Ordinance Code. 3. Where the rate for sanitary sewer service is based upon the metered use of water on the premises, such rates shall be as follows: A) For all residential premises the rate shall be based on the actual use, or less of water for the preceding winter quarter, per thousand gallons with a minimum 1996 of 7,000 gallons, effective January 1, 1996, for each customer billing district and shall be as follows: $ 1.71 For the purpose of this paragraph A), the winter quarter shall be the winter quarter as specified in Subdivision 3 of said section 7.05. B) For all commercial, institutional, industrial, and other premises, the rate per thousand gallons of water effective January 1, 1996, shall be as follows: $ 1.71 C) A customer charge shall be made for each invoice rendered effective January 1, 1996, as follows: $ 3.00 If the invoice is for water service, as well as sanitary sewer service, the customer charge, when collected, shall be allocated proportionally between the City's water fund, sewer fund, and its storm sewer fund based on the user fees billed for by each fund. D) Where the metered use of water on the premises for the preceding winter quarter was not normal, the rate may be adjusted as provided in Subdivision 3 of said Section 7.05. 4. The foregoing rates and charges are in addition to, and not in lieu of, other rates and charges established by ordinance or resolution. WATER RATES AND CHARGES FOR 1996 1. Pursuant to the provisions of Section 7.15 of the Ordinance Code of the City of Richfield, the rates and charges for City water and water service are hereby established to be those set forth in the following paragraphs of this resolution: 2. The charge due and payable to the City by each water customer of the City, during any quarter shall be $1.37 per 1,000 gallons. Water charges shall be payable quarterly, and all bills issued after January 1, 1996 shall be at this rate. These charges will cover, in some instances, water used during the months of October, November, and December 1995. SPECIAL WATER SERVICE CHARGES FOR 1996 1. Pursuant to the provisions of Section 7.15 of the Ordinance Code of the City of Richfield, the rates and charges for special customer services are hereby established to be those set forth in the following paragraphs of this resolution: 2. The charge for establishing a new customer account shall be $13.50 per account. 3. The charge for installation of meters or outside meter readers shall be $19.00 per installation. 4. The charge to flush and maintain fire hydrants located on privately owned property within the City shall be $39.00 per hydrant per year plus any required parts. 5. The charge to thaw and service water pipes on customer property shall be actual cost to the City plus thirty percent. • 6. The charge for any other services not covered by the above shall be based on actual hourly cost to the City plus thirty percent. STORM SEWER RATES AND CHARGES FOR 1996 1. Pursuant to the provisions of Section 7.20 of the Ordinance Code of the City of Richfield, the rates and charges for City storm sewer service are hereby established to be those set forth in the following paragraphs of this resolution: 2. The rates and charges for the use and availability of the system are determined through the use of a "Residential Equivalent Factor" (REF). One REF is defined as the ratio of the average volume of surface runoff coming from one acre of land and subjected to a particular use, to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the City during a standard one year rainfall event. The REF's for the following land uses within the City and the billing classifications for such land uses are as follows: LAND USES REF CLASSIFICATION Cemeteries .25 1 Parks and railroads .75 2 Two-family residential 1.00 3 Single-family residential 1.00 4 Public and private schools a3- 9 and institutional uses 1.25 5 Multiple-family residential uses and churches 3.00 6 Commercial, industrial, and warehouse uses 5.00 7 3. The basic system quarterly rate for storm sewer service is $42.75 per acre of land. $8.55 is the quarterly rate for a single family residence which is considered to have an acreage of one-fifth acre. The charge made against each parcel of land is then determined by multiplying the REF for the parcel's land use classification times the parcel's acreage times the basic system rate. 6.5% PENALTY ON PAST DUE ACCOUNTS 1. Customers will have thirty (30) days to pay their water, sanitary sewer, and storm sewer quarterly bills from the date of the mailing by the City. Any unpaid amount will be added to the next quarterly bill along with a 6.5% penalty on the delinquent amount. 2. The penalty charge when billed on past due accounts shall be allocated proportionally between the City's water fund, sewer fund, and storm sewer fund based on the user fees billed for each fund. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk U 03--ID RESOLUTION NO. RESOLUTION RELATING TO THE 1996 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for Management employees from time-to-time; and WHEREAS, the City administration has prepared a 1996 pay plan for position classifications for Management employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 1996 the following pay plan, which,is to be effective January 1, 1996, and subject to all applicable provisions of the City Code: MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M-NE YR 32,468.80 38,833.60 45,448.00 MO 2,705.73 3,236.13 3,787.33 BW HR 1,248.80 15 61 1,493.60 18 67 1,748.00 21 85 . . . M-1 YR 35,068.80 41,974.40 49,067.20 MO 2,922.40 3,497.87 4,088.93 BW 1,348.80 1,614.40 1,887.20 HR 16.86 20.18 23.59 M-2 YR 39,603.20 47,382.40 55,473.60 MO 3,300.27 3,948.53 4,622.80 BW 1,523.20 1,822.40 2,133.60 HR 19.04 22.78 26.67 M-3 YR 45,177.60 54,080.00 63,419.20 MO 3,764.80 4,506. 67 5,284.93 BW 1,737.60 _ 2,080.00 2,439.20 HR 21.72 26.00 30.49 M-4 YR 50,377.60 60,236.80 70,491.20 MO 4,198.13 5,019.13 5,874.27 BW 1,937.60 2,316.80 2,711.20 HR 24.22 28.96 33.89 M-5 YR 58,427.20 69,867.20 81,744.00 MO 4,868.93 5,822.27 6,812.00 BW 2,247.20 2,687.20 3,144.00 HR 28.09 33.59 39.30 C??)-- ) J 0) °\° dP °W Ln r LO LO O ON H ? 4-) z ri rl M H (a H Q A ? U ? •n .-? ? ro O O 5 Q 44 0 O + N 1 I t7? A O 4-4 n L M CO •n •n 44 ° a a a a ° a w 0 O b 44 0) ) ) ° ° (a co a ro 4-) a) b •l1 r-1 b •rl r-4 ro>ro ? w °0 ° O ° rl b C 7 Ln L • 4 E-4 CY) 4-) Ix z a° ? o N 5 0 O - o rd ° E rl Q ? Q ? H r-I b a) °\° n n ro •n a O 3 N? 0 0 04 ?-i r-q 04 U) (1) E-1 I rz (1) '0 +-) ? H Ln 0) 0) rI 44 01% ro (a ro U 0 ?3 0 a? a a s a r a ?4N(1) U •r1 1~ co ? cn •r1 r I r1 °\° °\° °\° ?1 O LO O LO O 44 >4 z a a? O O O H -P +J +J u > O rl ro a ,-1 n rl .-i S`I Q O 'O ? 4-) ro ri H (Y) H Q L". ? 4-4 b 3 + + + O .rq co ° > ro r-4 LO a N U b(o w b b 'a W a Q H a) a) U mo 0 r U d -P ( z 0) 0) ) • b A z z 0 (Ti a ° •? 4-) z ? U Q a) ? 4 O U W ? L tl 0 0+ U c tl (a 44 k O ? P 4-) C7 QQ b) W i S - 'O 0 U) z y r. -li ° a ro fi ? . W H 'H + ? n ( H a) O F b ro U 4a In Ql p W f-' U2 CO H (!) ro N y 04 W (d 44 •H a S4 O U w 4-J a) M W 4J (a r•1 a (/) 9 •.i b (a r-I ab +-) O 4-) ° In En z ? co a) ((a o 4 p ro U N x h •rl ro H w E-1 E•+ x a) U U a) a) f? a ro E O 4 E•+ a3-/ Q • RANGE M-NE MANAGEMENT POSITION CLASSIFICATION STRUCTURE POSITION Foreman/Supervisor Turf Supervisor CLASS Non-Exempt Non-Exempt M-1 City Clerk Community Services Manager Health Administrator Liquor Store Manager M-2 Asst. Fire Chief/Fire Marshal Chief Building Official Data Processing Manager Engineering Supervisor Superintendent Transportation Engineer M-3 City Engineer Finance Manager Housing & Redevelopment Coordinator Leisure Services Coordinator Operations Coordinator Human Resources Manager M-4 Liquor Operations Director M-5 Department Director (Rev. 10-95) Exempt Exempt Exempt Exempt Exempt Exempt Exempt Exempt Exempt Exempt Exempt Exempt Exempt Exempt Exempt Exempt Exempt Exempt 11 c:?3y/? RESOLUTION NO. RESOLUTION RELATING TO THE 1996 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for General Services employees from time-to-time, and WHEREAS, the City administration has prepared a 1996 pay plan for position classifications for General Services employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 1996 the following pay plan, which is to be effective January 1, 1996, and subject to all applicable provisions of the City Code: GENERAL SERVICES COMPENSATION PLAN Stems 1 2 3 4 5_ MERIT RANGE Range GS1 YR 19,988.80 21,174.40 22,360.00 23,566.40 24,772.80 25,521.60 MO 1,665.73 1,764.53 1,863.33 1,963.87 2,064.40 2,126.80 BW 768.80 814.40 860.00 906.40 952.80 981.60 HR 9.61 10.18 10.75 11.33 11.91 12.27 GS2 YR 22,027.20 23,129.60 24,294.40 25,521.60 28,142.40 MO 1,835.60 1,927.47 2,024.53 2,126.80 2,345.20 BW 847.20 889.60 934.40 981.60 1,082.40 SIR 10.59 11.12 11.68 12.27 13.53 GS3 YR 24,294.40 25,521.60 26,832.00 28,142.40 31,075.20 MO 2,024.53 2,126.80 2,236.00 2,345.20 2,589.60 BW 934.40 981.60 1,032.00 1,082.40 1,195.20 HR 11.68 12.27 12.90 13.53 14.94 GS4 YR 26,832.00 28,142.40 29,598.40 31,075.20 34,320.00 MO 2,236.00 2,345.20 2,466.53 2,589.60 2,860.00 BW 1,032.00 1,082.40 1,138.40 1,195.20 1,320.00 HR 12.90 13.53 14.23 14.94 16.50 GS4E YR 28,828.80 30,243.20 31,803.20 33,425.60 36,899.20 MO 2,402.40 2,520.27 2,650.27 2,785.47 3,074.93 BW 1,108.80 1,163.20 1,223.20 1,285.60 1,419.20 HR 13.86 14.54 15.29 16.07 17.74 GS5 YR 29,598.40 31,075.20 32,635.20 34,320.00 37,856.00 MO 2,466.53 2,589.60 2,719.60 2,860.00 3,154.67 BW 1,138.40 1,195.20 1,255.20 1,320.00 1,456.00 HR 14.23 14.94 15.69 16.50 18.20 40 664 00 GS5E YR 31,803.20 33,.425.60 35,068.80 36,899.20 . , MO 2,650.27 2,785.47 2,922.40 3,074.93 3,388.67 BW 1,223.20 1,285.60 1,348.80 1,419.20 1,564.00 HR 15.29 16.07 16.86 17.74 19.55 GS6 YR 32,635.20 34,320.00 36,046.40 37,856.00 43,846.40 MO 2,719.60 2,860.00 3,003.87 3,154.67 3,653.87 BW 1,255.20 1,320.00 1,386.40 1,456.00 1,686.40 HR 15.69 16.50 17.33 18.20 21.08 GS6E YR 35,068.80 36,899.20 38,750.40 40,664.00 47,153.60 MO 2,922.40 3,074.93 3,229.20 3,388.67 3,929.47 BW 1,348.80 1,419.20 1,490.40 1,564.00 1,813.60 HR 16.86 17.74 18.63 19.55 22.67 Normal Progression Through General Services Compensation Plan a. Step 1 - Start b. Step 2 - One year from anniversary date c. Step 3 - One year since last increase If an employee is rated Needs Improvement, the employee may not advance to Step 3 until performance is rated Satisfactory or higher. d. Step 4 - One year since last increase If an employee is rated Needs Improvement, the employee may not advance to Step 4 until performance is rated Satisfactory or higher. e. Merit Ranae - One year since last increase for those rated Above Satisfactory or Outstanding. Satisfactory and Needs Improvement performers may not advance to or within the Merit Range. Salary increases in the Merit Range will be determined by the supervisor and may range between 2% - 50. An employee within the Merit Range who is performing at least at an Above Satisfactory level will receive a percentage salary adjustment equal to the percentage of the overall range adjustment. An employee within the Merit Range who is performing at a Satisfactory level will receive a percentage salary increase equal to one-half (?) of the overall percentage adjustment. An employee within the Merit. Range who is performing at a Needs Improvement level will not receive a salary adjustment, provided however that such employee's salary would not remain at an amount less than the new rate for Step 4 of such employee's current salary grade. f. Employees whose competency level and/or performance are rated Unsatisfactory may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch Mayor ATTEST: 0 Thomas P. Ferber City Clerk L-_? 3 aim 0 GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS 1 Clerk Typist Non-Exempt Data Entry Operator Non-Exempt Liquor Clerk Non-Exempt Switchboard-Receptionist Non-Exempt 2 Community Development Technician Non-Exempt Community Service Officer Non-Exempt Custodian Non-Exempt Finance Clerk Non-Exempt Lead Liquor Clerk Non-Exempt Licensing Clerk Non-Exempt Liquor Clerk/Cashier Non-Exempt Police Cadet Non-Exempt Senior Clerk Typist Non-Exempt Transportation Specialist Non-Exempt 3 Accounting Clerk Non-Exempt Arena Operations Assistant Non-Exempt Code Compliance Officer Non-Exempt Dispatcher Non-Exempt Health/Licensing Specialist Non-Exempt Leased Housing Assistant Non-Exempt • Secretary Non-Exempt 4 Assessment Clerk Non-Exempt Assistant Turf Supervisor Non-Exempt Central Services Technician Non-Exempt Data Processing Technician Non-Exempt Media Assistant Non-Exempt Social Services Supervisor Non-Exempt Housing Inspector I Non-Exempt 4E Administrative Aide Exempt Associate Planner Exempt Payroll Accountant Exempt Project Assistant Exempt Zoning Administrator Exempt 5 Assistant Building Superintendent Non-Exempt Community Development Assistant Non-Exempt Engineering Technician Non-Exempt Housing Inspector II Non-Exempt 5E Administrative Assistant Exempt Assistant Golf Course Manager Exempt Assistant Liquor Store Manager Exempt Civilian Crime Prevention Specialist Exempt Community Center Programmer Exempt Human Services Planner/Coordinator Exempt Leased Housing Specialist Exempt Motor Vehicle Licensing Supervisor Exempt Naturalist Exempt Planning and Research Specialist Exempt Recreation Supervisor Exempt Redevelopment Specialist Exempt Rehabilitation Specialist Exempt Youth Resource Specialist Exempt 6 Electrical/Building Inspector Non-Exempt Programmer/Analyst Non-Exempt 6E Accountant Exempt Housing Supervisor Exempt Administrative Assistant Exempt (Rev. 11-95) • 0 c;9 3-/ • RESOLUTION NO. RESOLUTION RELATING TO THE 1996 SPECIALIZED PAY PLAN WHEREAS, Section 310.17 of the ordinance Code of the City of Richfield provides that the pay grades, the number of steps or range of each pay grade, the compensation rates in each pay grade, and the method of normal progression through the pay grade be established by Council resolution; and WHEREAS, the City administration has prepared a 1996 pay plan for the positions for which there are no essentially similar position classifications in other regular pay plans. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 1996 the following pay plan which is to be effective on January 1, 1996 and subject to the provisions of the personnel rules and regulations ordinance: SPECIALIZED PAY PLAN INTERMITTENT AND SEASONAL Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 SP1-E HR 4.57 4.79 5.05 5.27 5.55 SP2-E HR 5.08 5.31 5.58 5.85 6.14 SP3-E HR 5.48 5.74 6.04 6.33 6.65 SP4-E HR 5.92 6.20 6.52 6.83 7.18 SP5-E HR 6.38 6.68 7.03 7.37 7.76 SP6-E HR 6.89 7.25 7.60 7.97 8.38 SP7-E HR 7.46 7.80 8.19 8.61 9.03 SP8-E HR 8.06 8.45 8.85 9.30 9.76 SP9-E HR 8.67 9.09 9.57 10.04 10.54 SP10-E HR 9.38 9.86 10.35 10.86 11.41 SP11-E HR 10.12 10.61 11.15 11.72 12.29 SP12-E HR 10.91 11.47 12.03 12.64 13.28 0 3 -1 F Instructor's Range: $5.00 - $50.00 Election Judge: $5.50 Election Co-Chair: $5.75 • Election Chairperson: $6.25 • 0 / Normal Progression Through the Specialized Pay Plan (:93-) Individual employees will be eligible to receive increases to the next higher grade step based on individual performance and the • following progression: a. Step 1 - Start b. Step 2 - One year from anniversary date c. Step 3 - One year from last increase d. Step 4 - One year from last increase e. Step 5 - One year from last increase Passed by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0 1 E Driving Range I 7 NE Accounting Clerk E Pool Attendant NE Adaptive Program Spvr. NE Assessment Clerk NE Concession I (All sites EXCEPT NE Concession Supervisor(All Pool, Veteran's & Taft) sites EXCEPT Pool) NE Ice Guard NE Construction Specialist E Concession I (Pool, Veteran's NE Licensing Clerk & Taft only) NE Naturalist I E Facility Rental Attendant NE Zamboni Operator E Concession Supervisor-Pool 3 NE Bike Patrol Officer E Golf Course Technician I NE Concession II (All sites E Miniature Golf Supervisor EXCEPT Pool, Vet's & Taft) NE Scorer/Timer 8 NE Adaptive Coordinator NE Special Events Worker NE Construction Inspector NE Sports Attendant I NE Farmers Market Coord. E Concession II (Pool, Veteran's NE Naturalist Coordinator & Taft) E Golf Course Technician II E Facility Cashier E Playground Coordinator E Pool Day Watch E Tennis Coordinator E Winter Golf Course Tech. 4 NE Custodian I NE Maintenance Laborer I 9 NE Comm. Development Tech. NE Men Open Gym Attendant E Special Facilities Coord. NE Dance Coordinator NE' Sports Attendant II 10 NE Athletic Coordinator NE Video Production Assistant NE Engineering Aide E Pool Night Watch E Clubhouse Coordinator E Ranger E Pool Supervisor E Warming House Attendant 0 E Waterslide Attendant(Parks) 11 NE Community Relations Coord. 5 NE Adaptive Assistant 12 None NE Custodian II NE Intern Instructors NE Liquor Cashier NE Building Inspector NE Liquor Clerk NE Figure Skating NE Maintenance Laborer II NE Hockey (Arena) NE Substitute Van Driver NE Housing & Redev. Tech. NE Survey Crew Person NE Social Services Supervisor NE Winter Sports Attendant NE Sports Official E Driving Range II NE Dance E Golf Course Laborer I E Cross Country Ski E Par-3/Driving Range Attend. E Golf Professional E Starter E Hockey (Outside) E Miniature Golf Coordinator E Tennis E WSI 6 NE Adaptive Leader/Specialist NE Clerk Typist - Int. & Sub. Other Election Judge $5.50 NE Concession III(All sites Election Co-Chair $5.75 EXCEPT Pool) Election Chairperson $6.25 NE Maintenance Laborer III NE Pro Shop Attendant NE Substitute Naturalist NE=Non-Exempt, may work up to 40 hour s E Concession III (Pool only) per week without overtime pay. • E Golf Course Laborer II E=Exempt, may work up to 48 hours per E Lifequard week without overtime pay. E Outdoor Skating Supervisor E Playground Leader E Warming House Supervisor J c3 All Community Center, Woodlake Nature Center, Ice Arena and Maintenance positions are non-exempt. All Pool positions are exempt from overtime, even Concessions. All Golf positions, except Concessions/Pro Shop positions, are exempt. All Playground and Outdoor Rink positions are exempt. (Revised 11-95) 3-;? ?- RESOLUTION NO. RESOLUTION ADOPTING THE 1996 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget for 1996 has been prepared and submitted for review by the City Council in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 1996 Capital Improvement Budget in the sum total of $11,077,170 is hereby approved as amended and adopted with full recognition of the fact that the cost estimates are approximate and are subject to final cost estimates and that all awards of contracts for these projects are subject to necessary hearings and must be approved by the City Council in accordance with established laws and practices governing such action, and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • R-18 0 RESOLUTION NO. RESOLUTION ADOPTING THE 1997-2001 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program for 1997-2001 has been prepared for review by the Planning Commission in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 1997-2001 Capital Improve- ment Program is hereby approved and adopted subject to annual review and revision, and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk R-19 • WHEREAS, the City Assessing Division provides a variety of services to the public, to title companies and to realtors, relating to information necessary for sale and purchase of property; and RESOLUTION ESTABLISHING POLICIES, PROCEDURES, AND FEES FOR THE ASSESSING DIVISION • • WHEREAS, special assessment searches are requested when closing on purchased properties; and WHEREAS, listing information is requested when there is an interest in property sales or purchases; and WHEREAS, residential property records are requested when comparing properties for market values; and WHEREAS, certain specific information, such as special assessment searches, property listing information, comparable residential property records and homestead information are regularly sought by realtors, title companies and homeowners in the sale and transfer of property within the City; and WHEREAS, the above list of requests for information constitutes a large portion of the work load of the City Assessing Division; and WHEREAS, said policies, procedures and fees must be reviewed and modified as needed. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby establishes the following policies, procedures and fees for dissemination of certain information in the City's Assessing Division. 1. SPECIAL ASSESSMENT SEARCHES PROCEDURES FEES Provided, upon receipt or written request for multiple searches or phone request for same day pickup of a single search, by City Assessing Division identifying levied and pending assessments Provide written request and $12.00 fee per Property Identification Number (PID). Searches are normally in the mail 24 hours after receipt. $12.00 per Property Identification Number (PID). The search is a billing statement. R-20 • • 93-a5' Provide verbal update by phone of previously requested certified City special assessment searches. Do not provide additional billing statements for assessments. Provide, upon written request, a report (or run) of all properties affected by a levied or pending special assessment. II. LISTING INFORMATION Provide, upon multiple written or a single phone request printouts. Provided the same day if a single certified or non-certified search is requested and if picked up at the City. Provided the following work day for multiple certified or non-certified search requests and will be available for pickup after 3:00 p.m. Verbal verification (update) of City certified levied and pending assessments before closing. After identifying self, caller will provide property address, PID number, date and receipt number of search. Provided free of charge if a certified City search is not requested. Homeowner may request a $12.00 search for closing. An initiation fee of $30.00 for each requested report. Plus, $.05 for each Property Identification (PID) Number. A requested new program would require a minimum fee of $25.00. Fees would be based on time and materials to create and print the program. Provided within a minimum of 48 hours if there is an existing program, additional hours if more than one report is requested. A non- existing program would require additional time. A program would be created on a priority basis and then printed. Requesting party would be notified as to fee and date. Report(s) can be picked up at the Assessing office prior to printing. PROCEDURES A phone or written request and receipt of $3.00. FEES $3.00 per PID number or per printed sheet. 0 Printouts include: Allow 112 hour before pickup Homeowners may request ?3 -4;? (r, PID number for a single property request a free printout. Estimated Market Value to prevent waiting for Tax information information. Owner/taxpayer Legal Description Allow 24 hours from receipt Provided free of charge if Special assessments of request for pickup of printout is not requested. (levied and pending) listing information on Lot size multiple properties. Year built Square footage Provide verbal updates by Give name, firm, address of phone of previously property and PID number (if requested City printouts. available for requests). Three listing inquiries on the following accessible information will be provided by phone by the City: PID number Year built Lot size School district Legal description Taxes Square footage Mill rate for Richfield Estimated difference between homestead and non-homestead tax amounts. Fee owner/taxpayer Market value Homestead status Inquiries by phone for square footage of buildings will be limited to two properties. Additional properties will require obtaining information in person at the City Assessor's office. Net rentable areas for income a3?a? properties are protected under the Data Privacy Act; and therefore, will not be given as listing information. Special assessments will not be given by phone. However, they will be given the City office when requested. Exception: Homeowners will be given special assessments by phone if they provide their social security numbers. Otherwise, the owner can request a free complete listing printout. Give name, firm, property address, PID number, date of printout and receipt number when updating printouts. Requested complete listing information, without a requested printout, will be partially supplied verbally by the Assessing Division. The Division will orally supply special assessments, next years market value (when available), and homestead status. Requesting party will be allowed to use the County's terminal screen for additional information (only screens 101, 103, 105, 108, 109, 120, 275 and 282). Interruptions will occur for City use. Time limits on the County's terminal will be set based on City's immediate needs. • d ? . ? , 3-A • C 111. REVIEW OF COMPARABLE PROCEDURES RESIDENTIAL PROPERTY RECORDS Provide a field card record of a subject property and comparable properties. Request for more than five properties must be submitted in writing and include individual property addresses (PID numbers will help cut our response time). The individual must allow the City to set the time convenient for the City to supply information on a one-on-one basis. More than five comparable properties, will be allowed to view and record information under strict supervision of the Assessing Division. FEES May request $1.00 per copy for up to five comparable properties. Certified copies $5.00. Free of charge when personally writes information supplied by the Assessing Division. FEES The City will not assemble or analyze data. Certified copies will state: "This is a true and correct reproduction of the original on file at the City Assessor's office" IV. REVIEW OF COMPARABLE PROCEDURES COMMERCIAL. INDUSTRIAL AND APARTMENT PROPERTY RECORDS Provide partial field card record Request for more than May request $2.00 per 1?1 • a? -a of a subject property and comparable properties. five properties must be submitted in writing and include individual property addresses (PID numbers will help cut our response time). Because of the data privacy act, viewing the property field cards will be prohibited. Confidential , private or nonpublic data is protected under the data privacy act. The following confidential data is recorded on the property field cards: a. Detailed income and expense figures: b. Average vacancy factors; c. Verified net rentable areas or net usable areas; d. Anticipated income and expenses for the current year; and e. Projected vacancy factor for the current year. The above confidential information will be blocked out when photocopying field cards. The individual must allow the City to set the time convenient for the City to supply information on a one-on-one basis. COPY. Certified copies $5.00. Free of charge when personally writes information orally supplied by the Assessing Division. ?3r3? • The City will not The City will not assemble or analyze data. Certified copies will state: "This is a true and correct reproduction of the original on file at the City Assessor's office". Passed by the City Council of the City of Richfield, Minnesota, this 11th day of December, 1995. Martin J. Kirsch Mayor • ATTEST: Thomas P. Ferber, City Clerk • RESOLUTION NO. ?3-3 RESOLUTION AMENDING ESTABLISHED 1996 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 8088 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: SECTION 1. ESTABLISHING FEES A. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be as stated in the sections of this Resolution. B. A period of no less than 30 days will be allowed for the remittance of City Business license renewal fees contained in Sections 5,7, 8 and 9 of this resolution. C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 5, 7, 8 and 9 of the resolution if not received by the City on or before December 31st of each year. The 10% surcharge will be based upon the cost of the license. D. Nothing in this section shall be deemed to require the City to issue or renew any license for which the fee has not been paid in a timely manner. SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE (1) Building 400.03-400.09 $1 to $500 $21.00 Permits $501 to $2,000 $21.00 for the first $500 plus $2.75 each additional $100, or fraction therof, to and including $2,000. $2,001 to $25,000 $62.25 for the first $2,000 plus $12.50 for each additional $1,000, or fraction thereof, to and including $25,000. $25,001 to $50,000 $349.75 for the first $25,000 plus $9.00 for each additional $1,000, or fraction thereof, to and including $50,000. $50,001 to $100,000 $574.75 for the frist $50,000 plus $6.25 for each additional $1,000, or fraction thereof, to and including $100,000. $100,001 to $500,000 $887.25 for the frist $100,000 plus $5.00 for each additional $1,000, or fraction thereof, to and including $500,000. $500,001 to $1,000,000 $2,887.25 for the first $500,000 plus $4.25 for each additional $1,000, or fraction thereof, to and including $1,000,000. $1,000,001 and up $5,015.25 for the first $1,000,000 plus $2.75 for each additional $1,000, or fraction thereof. (a) Inspections outside of normal business hours $42.00 per hour* (minimum charge - two hours) (b) Reinspection fees assessed under provisions of Sesciton 108.8 $42.00 per hour* (c) Additional plan review required by changes, additions or revision to plans (minimum charge - two hours) $42.00 per hour* * Or the total hourly cost to the jurisdiction, whichever is the greatest . This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employee i nvolved. R-21 SECTION 2 CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING is (2) Driveway, Parking Area Permits 515.05 (3) Fire Extinquishing System Permit 400.03-400.09 (4) Swimming 420.00 (5) Public Swiming 420.10 Pool Inspection (6) Plan 400.03-400.09 Review and State Fee Building code (7) Contractors License Verification Fee (8) Moving Dwellings 845 and Buildings other than Dwellings • (9) Garage Moving 845 (10) Structure Demolitian (11) Excavation in Public Right of way (12) Utility Abandonment (no permit fee for sidewalks) Based on Building Permit fee schedule with a minimum of Permanent above or below ground pools are based Building Permit. Portable Pools (No fee shall be carged for construction or erection of any pool 24 inches or less in depth at its deepest part and not exceeding 111 sq. ft. in water surface area) 1st Pool Each Additional 65% of building permit fee, except no fee for the following: (a) Existing single family dwelling alterations when habitable area is not enlarged. (b) Single and two family dwelling repair and maintenance work. (c) Commercial and industrial repair and maintenance work not exceeding $1,000 or where plans are not required. (d) Residential garages and storage buildings. Pre-inspection Fee: IN Richfield OUTSIDE Richfield Moving Permit Fee: WITHIN Richfield INTO Richfield Moving Out of City Pre-inspection Fee: (if relocated in City) Moving Permit Fee first stall Plus each adjoining stall Moving out of City 400.00-400.09 (a) Commercial Demolition cost as per Building Permit Schedule with a minimum of (b) Dwelling 1. One or two story 2. Multiple First Unit plus each additional unit 3. Residential Garage and lesser structure 800.01-800.15 For each transverse excavation and each 300 feet or portion thereof longitudinal excavation and for each curb and gutter section installed or driveway apron installed Except when survey and grade stakes are set by City 100.05 (a) Sewer 710.01 (b) Water FEE $25.00 $20.00 $13.50 $85.00 $45.00 $ 5.00 $35.00 $70.00 $35.00 $70.00 $35.00 $23.00 $16.00 $ 9.00 $16.00 $25.00 $22.00 $22.00 $10.00 $ 8.50 $20.00 $75.00 $20.00 $20.00 (13) Certification Charge 705.03-705.21 (Delinquent) $25.00 SECTION 2 CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING FEE (14) (a) Sewer 700.05 Residential $20.00 Construction Industrial/Commercial $30.00 (b) Water Service 715.01 As per Ordinance Service Connection To connect to existing water service leads at the curb box $20.00 To connect to main where a curb box and service lead is not installed the fee is the actual cost of material and estimated cost of labor. To turn on water after discontinuance of service $20.00 For raising or lowering stop-box tops to correspond with ground level change made by property owner. Cost plus 30% material and labor (15) Plumbing Permit 400.03-400.09 Residential (a) Minimum Fee $30.00 (b) Fee for each fixture including: Bath Tub Laundry Tray Bidet Lavatory Clothes Dryer Sewage Ejector Dishwasher Shower Stall Disposal Sink Floor Drain Water Closet Floor Tray Water Heater (New or Replacement) Any Fixture Not listed $ 9.00 Gas piping per unit including: . Gas Grill Gas Oven Gas Incinerator Gas Plate Gas Stove Gas Light $ 9.00 (c) Lawn Sprinkler, AntiSyphon system (includes water connnection from building piping and yard side of syphon breaker) $25.00 (d) Pool Heater (up to 199,000 BTU) $35.00 (e) Water Softner $ 9.50 (f) Water supply or distribution piping extension or alteration $ 9.50 (g) Sewer and Waste Alteration/Repair . $ 9.50 (16) Plumbing Permit 400.03-400.09 Commercial (a) Minimum Fee $40.00 (b) Fee per fixture including: Plaster Interceptor, Bidet-Disposer, Drinking Fountain, Floor Drain or Trap Sinks: Bradley type wash-up, Laboratory, Service-Counter, Flat/rim, Pot or Scullery, Bar Urinal - Water heater Any fixture not listed above $10.00 (c) Clothes Dryer- 1-5 Units $25.00 each Additional Unit $ 7.50 (d) Dental Chair $30.00 (e) Dishwasher $19.00 . (f) Food Cold Case-Condensate Lines (each unit) $ 7.50 IQ TYPE OF PERMIT SECTION OR LICENSE REQUIRING FEE • - Catch Basin bl W t T ( ) Fl $19 00 amma e as e rap g . (h) Ground run (new for existing building) $19.00 (i) Ice Making Machines $10.00 (j) Indirect coil for hot water storage $13.50 (k) Lawn Sprinkler, AntiSyphon System (Including water connection from building piping to yard side of syphon breaker) $38.00 (1) Neutralizing Tank $38.00 (m) Rainwater Leader: All stacks 7 stories or less $19.00 All stacks over 7 stories $30.00 (n) Roof Area Drains: Each Drain $10.00 (o) Sewage Ejector $25.00 (p) Shower (gang type per head) $ 5.50 (q) Water softner $25.00 (r) Water supply or distribution piping, extension or alteration $19.00 (s) Sewer and Waste alteration/repair $19.00 (t) Installation of Gas Piping: I. Up to 2" in diameter First 3 openings $ 9.00 Each additional opening $ 4.50 II. Exceeding 2" in diameter: First 3 openings $20.00 Each additional opening $ 5.50 (17) Plumbing Permit 400.03-400.09 Gas Unit (Burners) Installation 99,000 BTU or less $ 13.50 100,000 - 199,000 BTU $ 19.00 200,000 - 399,000 BTU $ 33.00 400,000 - 599,000 BTU $ 49.00 600,000 - 999,999 BTU $ 64.00 1,000,000 - 2,499,000 BTU $109.00 2,500,000 - 9,999,000 BTU $129.00 10,000,000 - 49,999,000 BTU $183.00 50,000,000 - 74,999,000 BTU $233.00 more than - 74,999,000 BTU $306.00 (18) Plumbing 620 Permit Wells 2" Casing $ 13.50 3" Casing $ 16.00 4" Casing $ 21.00 5" Casing $ 37.00 6" Casing $ 49.00 0 93-35 SECTION 2 CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING (19) Electrical Permit 400.03-.400.09 Residential (a) Minimum Fee (b) Complete Wiring Fee: Single Family Residence Two Family Residence (c) New Service - up to 200 amps (d) Temporary Service - (for construction) (e) Installation or replacement of each major appliance during or after completion of building (f) Swimming Pools (g) Wiring of Addition or rewiring: First Room Each Additional Room (h) Furnace or Air Conditioning: Per Unit (i) Electrical Heating System: 2% of estimated job cost with a minimum of (j) Electric or base borad (Infrared Heaters): Per Circuit (k) Work requried to comply with minimum Housing Code provisions other than new service - 2% of contract cost with minimum of FEE $ 30.00 $ 55.00 $106.00 $ 13.50 $ 19.00 $ 9.00 $ 25.00 $ 13.50 $ 6.50 $ 9.00 $ 19.00 $ 9.00 $ 18.00 (20) Electrical Permit 400.03-400.09 Commercial, Industrial and multiple dwellings (more than two units) Minimum Fee $40.00 (a) Based on total job cost - 2% of estimated job cost with a minimum of $40.00 - Over $50,000 - Fee/ $1,000.00 plus 1 1/2% of cost over $50,000 (b) Temporary Services for Construction: 0-100 amps $19.00 100 + amps $30.00 (c) Traffic Signals: Per Intersection $185.00 (d) Elevators: Per Elevator - Hydraulic $50.00 Per Elevator - Electric $100.00 (21) Electrical Permit400.O3-400.09Based on cost of Electrical Job to Customer Signs $0 - $100 $40.00 $101 - $50,000 - 2% of estimated job cost with a minimum of $40.00 Over $50,000 - Fee/ $1,000.00 plus 1 1/2% of cost over $50,000.00 (22) Electrical Permit 400.03-400.09 Telephone Booths:Wiring of Booth (includes company signs) $25.00 (23) Heating, 400.03-400.09 Ventilating, Air Conditioning and Refrigeration (a) Central Systems and Additions, Alterations and Repairs 40 1 1/2% estimated cost with a minimum of $30.00 SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED TYPE OF PERMIT SECTION OR LICENSE REQUIRING • (24) Heating, 400.03-400.09 Ventilation, Air Conditioning, Refrigeration Storage Tanks (25) Benches (26) Fire Prevention Code (27) Sign Installation (28) Parking Areas (29) Housing Inspection Fee 805.01-805.27 400.21-400.29 415.01-415.11 800.15-800.23 400.11-400.17 (a) Fuel storage Tanks (Underground or Enclosed) Installation to be used with oil burner only. Per tank not exceeding 1,000 gal. Per tank exceeding 1,000 gal. (b) Fuel Storage Tanks (Above ground or not enclosed) Installation to be used with oil burner only. Per tank (c) Other Tanks (Installation modification, removal,abandonment) Each above ground tank Each below ground tank For installation or alteration of piping First Year Renewal For initial fee required under code- per year For each additional fee required under code - per year If not renewed within 2 months of notification add penalty of 50 sq. ft. or less per sign Each additional 50 sq. ft. or less - per 50 sq. ft. (a) Sign supportstructures based on Bldg. permit fee schedule First Unit Additional Unit FEE $10.00 $20.00 $10.00 $30.00 $80.00 $15.00 $21.00 $14.50 $25.00 $10.00 $15.00 $25.00 $15.00 $ 8.00 $75.00 $25.00 This fee should apply to each inspection when: 1. Seller calls for minimum housing inspection 2. Homeowner calls for minimum housing inspection 3. House industry calls for minimum housing inspection 4. Government agencies call for minimum housing inspection 5. Private lending institution calls for minimum housing inspection SECTION 3. CONSTRUCTION AND RELATED LICENSE FEES (1) Heating and 400.07 Ventilating Installer 1 Year $45.00 (2) Sign Installer 416.01-416.13 1 Year $40.00 (3) Electrical Installer 400.03-.400.09 State License Required (4) Plumber 400.03-400.09 State License Required (5) Well Driller 620 State License Required (6) Tree Contractors 1197 $25.00 E ,P3-37 SECTION 4. ZONING. LAND USE AND RELATED CHARGES TYPE OF PERMIT SECTION OR LICENSE REQUIRING FEE (1)* Planned Unit 530 (a) $450 plus $5/ $1,000 of project value up to a maximum fee of $3,000.00 Development (b) PUD Plan Amendment fee $500.00 (2)* C-3 Zoning District 520.35 (a) $400 plus $5 / $1,000 of project value to a maximum fee of $3,000.00 Site Plan Review (b) Plan Amendment Fee $500.00 Transitional Activity Permit 520.57 (3)* Variance 545.05 (4)* Conditional 545.09 Use Permit (5)* Zoning District Change 545.11 (6)* Subdivision Approval 500.01-500.05 Subdivision Waiver 500.05-Subd. 2 $300 plus $5/ $1,000 of project value up to a maximum fee of $3,000.00 Residential $200.00 Non Residential $400.00 $400 plus $5/ $1,000 of project value up to a maximum fee of $3,000.00 $450.00 $500.00 $450.00 * Any additional expense of notification necessitated by applicants request for continuance will be charged to applicant. (7) Off-street Parking Permit 545.09 (a) As part of conditional use permit process No Fee 800.15-800.23 (b) In conjunction with permitted use $200.00 (8) Street Vacation 820 $350.00 (9) Forestry Permit 810 $ 10.00 (10) Conditional Activity Permit 515.71 $300.00 (11) Nonconforming Use Permit .515.73 $300.00 SECTION 5. AMUSEMENT AND RECREATION LICENSES AND PERMITS TYPE OF PERMIT SECTION OR LICENSE REQUIRING FEE (1) Arcade 1105 1 Year $300.00 (2) Amusement 1100.01 (a) Mechanical Amusement Device (Pinball) 1 Year $45.00 Device (b) Mechanical Music Box 1 Year $45.00 (c) Video Games Per Premise 1. 1-5 video games 1 Year $100.00 2. 6-10 video games 1 Year $200.00 3. over 10 games $150 plus each additional $10.00 (3) Lawful Gambling 1100.13 Bingo, Tipboard, Paddle Wheel, Raffle, Pull Tabs (a) Lawful Gambling Permit (those exempt from State Licensure) 1 year $100.00 (State Statute 349.213) (b) Lawful Gambling Investigative Fee 1 year $100.00 (State Statute 349.16) STATE LICENSE REQUIRED (4) Itinerant Place of Amusement 1100.05-1100.11 1 day $160.00 (5) Public Dance 1110.03 For each day dances are held -$2 $25.00 MO. No fee for locations holding tavern licenses. (-a? SECTION 5. AMUSEMENT AND RECREATION LICENSES AND PERMITS (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING FEE (6) General Amusement 1100.03 (a) Billiard, Pool or Pigeonhole table (each) 1 year $32.00 1. Coin operated 1 year $90.00 (b) Bowling Alley (per lane) 1 year $25.00 (c) Circus 1 year $129.00 (d) Dance Hall 1 day $129.00 (e) Golf 1. Minature 1 year $30.00 2. Driving Tee 1 year $30.00 (f) Mountback 1 day $124.00 (g) Rides, mechanical or animal of any kind (each) 1 year $19.00 (h) Shows, any kind 1 day $124.00 (i) Shuffleboard (each lane) 1 year $14.00 (j) Other games 1 day $63.00 (6a) Musical Concert 1110.01 Per event $25.00 (7) Theatre Cinema 1120 1 year $124.00 Plus a notice publication fee $ 6.50 (8) Roller Rink 1115 1 year or portion thereof $124.00 (9) Commercial Adult- 605 Oriented Enterprises 1 Year $1,500.00 Investigation fee 1 year $1,500.00 (10) Massage Practitioner 605 Certificate fee 1 year $50.00 Investigation fee 1 year $124.00 (11) Public Baths 610 1 year $1,737.00 Investigation fee (actual cost minimum) $1,737.00 (12) Fortune Teller 1130.05-1130.07 1 day $100.00 and related trade 1 week $300.00 1 month $600.00 1 year $1,000.00 SECTION 6. ANIMAL LICENSES AND PERMITS TYPE OF PERMIT SECTION OR LICENSE REQUIRING FEE (1) Animals 905.01-905.29 (a) Dog 1 year $9.00 (b) Cat 1 year $8.00 (c) Duplicate Either dog or cat $5.50 (d) Late Penalty Each animal $1.00 905.31-905.33 (e) Commercial Kennel 1 year $150.00 (f) Residential Kennel 1 year $85.00 905.37-905.39 (g) Pigeons 1 year $30.00 905.41 (h) Non-domestic Animals Temporary Permit $20.00 905.01-905.29 (i) Impounding each Animal 1st time $25.00 2nd Time $50.00 (& each impound after) SECTION 7. VEHICLE AND TRANSPORTATION LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING (1) Bicycle 1335 Minnesota State Registration (2) Aircraft 1340 (3) Food Vehicle 615 (a) Bakery vehicle (4) Garbage and Refuse Collection 601.01-601.33 (Commercial and Residential) (5) Motor Vehicle Dealer 1155 (6) Motor Bicycle Business 1160 (7) Sound Truck 1165 (8) Taxicab 1170 • (9) Taxicab Driver 1175 (10) Rental or Utility 1185 Trailers and Trucks (b) Catering - per year for first food vehicle Second vehicle Each additional vehicle (c) Readily perishable (Same as (b) above) Per year for first vehicle Each additional vehicle Per year first place of business Per year - each additional place of buisness Per year per place of business Per year per place of business to sell, rent or lease 1 year per vehicle 1 day per vehicle Per year - first vehicle or auto livery Per year - each additional vehicle or auto livery operated at any time within license period Per year each place of business SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS TYPE OF PERMIT SECTION OR LICENSE REQUIRING (1) Firearms Dealer 920.01-920.05 (2) Itinerant Food 615 Establishment (3) Retail Candy 615 Per year - first facility Shop Per year - each additional on same premises (4) Food Establishment 615 FEE 1 day $30.00 1 year $75.00 $160.00 $65.00 $35.00 $150.00 $32.00 $175.00 $65.00 $129.00 $65.00 $129.00 $20.00 $325.00 $40.00 1 year $30.00 $65.00 FEE 1 year $1,000.00 $80.00 $80.00 $20.00 $210.00 $210.00 $395.00 $125.00 1 year (a) Retail or Wholesale Food Sales (Grocery) 1 year (b) Restaurant (Prepackaged food only sold for consumption)1 year (c) Restaurant (Prepared food sold for consumption) 1 year (d) Plan Review Fee (New/remodeled food preparation facility) (e) Additional Food Facilities • (Baked goods, meat, produce, microwave ovens) Each $11.00 03-qc SECTION 8 COMMERCIAL BUSINESS AND TRADE LICENSES AND PERNITS(CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING is (5) Vending Machine 615 (a) Food vending machine requiring coin or token (excepting those (6) Automobile Washing Establishment 1125 (7) Scavenger 600.25 (8) Incinerator (9) Tobacco (10) Soft drink (11) Transient Merchant (12) Wagon Peddler (13) Christmas Tree Sales (14) Motel (15) Outdoor Merchandising (16) Storage Enclosure (17) Pawnbroker and Secondhand Goods Dealer (18) Auto Detailing Establishment 600.01-600.23 1145.03(MS 461.12) 1145.01 1181.01-1181.09 1181 1130.03 machines dispensing bottled or canned soft drinks) 1 year (b) Other food vending machines (excepting those dispensing bottled or canned soft drinks) 1 year (c) Ice vending machine 1 year Per calendar year or fraction thereof Per year each vehicle Permit fee for opening cesspool or dumping contects of each cesspool into City sewer 1 year FEE $15.00 $15.00 $15.00 $100.00 $30.00 $15.00 $30.00 Retail Sale and Distribution - per month or fraction thereof License issued on calendar year basis (cigarette vending machines prohibited, bill No. 1990-7 4-21-90) (a) Cans, bottles from shelf or cooler, fountain service (b) Vending machine dispensing bottles or cans (c) Other vending machines Per year or fraction thereof per each additional machine 1190 First Unit Per year each additional unit 1135 Permit 1135 Per Enclosure 1186 (a) Pawnbroker (b) Secondhand Goods Dealer (c) Initial investigation fee (nonrefundable) actual costs in excess of above with total not exceeding Applicant shall deposit $1,200.00 with City Clerk along with application. Amount in excess of actual investigation costs shall be refunded. 1195.01 $30.00 $25.00 -0- 1 year $25.00 $25.00 1 day $60.00 1 year $150.00 1 year $80.00 $140.00 $ 9.00 $65.00 $56.00 1 year $1,750.00 1 year $300.00 $1,200.00 1 year $225.00 A3-4/ SECTION 9. LIQUOR AND RELATED LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING 4P (1) NonIntoxicating Malt Liquor 1210 (a) On-Sale (b) Tavern (dance) (c) Wholesale (d) Off-Sale (e) Club (Bottle Club) (2) Liquor • (3) Employee License On-Sale Liquor Establishments (4) Investigation Fee 1200.01-1200.25, 1200.29-1200.39 (a) On-Sale 1215 (b) Sunday (Fee set by state law) 1225 (c) Wine 1200.01-1200.25, (d) Veterans' Organization (Ex-Sunday) 1200.29-1200.39 FEE 1 year $550.00 1 year $450.00 1 year $21.00 1 year $160.00 1 year $365.00 1 year $11,200.00 1 year $200.00 1 year $800.00 1 year $520.00 1200.01-1200.25, Per year/per person covered 1200.29-1200.39 Expires on June 30th next following the effective date 1200.01-1200.25, (a) On-Sale liquor including Veterans' Organization 1200.29-1200.39 each person shown on application actual costs in excess of above. Each additional investigation for each person not listed on original or renewal application. 1225 (b) Wine - Original Application initial Fee actual costs in excess of above with total fee not to exceed Renewal Application Initial Fee actual costs in excess of above with total cost not to exceed 1200.09 Additional Investigation under 1200.09 Subdivision 3 not to exceed Investigation of substitute manager SECTION 10. MISCELLANEOUS FEES (1) Registration 1181 (2) Permit to reside 1190 (3) License for 405.25 Apartment Houses and Rental Homes • (a) State hawker or Peddler license 6 month/per person covered (b) Canvasser or Solicitor 6 month/per person covered In motel for more than six months (a) Apartment House (includes first 4 Units) each additional unit in excess of 4 (b) Rental Hare - single family dwelling (c) Duplexes/double bungalows, triples and quads First unit Each additional rental unit (d) Late Fee 10% penalty for each month or portion thereof during which said fee remains unpaid. (e) License Transfer Fee (f) Reinstatement of suspended license 50% of license fee (g) Reinstatement of Revoked license 100% of license fee $ 21.00 $500.00 and $150.00 $275,00 and $2,107.00 $ 62.00 and $2,107.00 $124.00 and $2,107.00 $62.00 $30.00 $30.00 $15.00 1 year $55.00 $ 8.25 1 year $55.00 1 year $55.00 $20.00 $10.00 67 - 9'? SECTION 10. MISCELLANEOUS FEES (CONTINUED TYPE OF PERMIT SECTION OR LICENSE REQUIRING (4) Certificate of 405.26 Housing maintenance Compliance (5) Permit Fee for Rooming House 405.19 (6) Permit to Carry Mn Uniform Crime Bill a Gun Chapt 636 Article 3 (7) Seasonal Load Limit Exemption FEE (a) Single family home or owner/occupied . portion of a 2-family home (a) Processing Fee $55.00 1 year $75.00 $10.00 per load$20.00 Passed by the City Council of the City of Richfield this 11th day of December, 1995. ATTEST: Thomas P. Ferber City Clerk • Martin J. Kirsch Mayor is as CITY OF RICHFIELD, MINNESOTA Council Letter No. 345 Agenda December 11, 1995 Issue Statement: Consideration of adjustments to General Services, Management and Specialized Pay Plans to maintain comparable worth compliance. Background: The Minnesota Local Government Pay Equity Act requires all governments to achieve pay equity through comparable worth. The Minnesota Department of Employee Relations (DOER) administers the act and requires all local government units to submit to periodic compliance reviews. To date, Richfield has received notices of compliance from DOER when Richfield pay data has been reviewed. However, Richfield's continued compliance is a delicate balance to ensure that pay increases for female dominated positions remain equal to or greater than pay increases for male dominated positions. The 1995 budget provided for pay adjustments of 2.5% for all pay classifications in the City. Pay plans for General Services, Specialized and Management were adjusted according to the budget. Subsequent contract settlements with the City's Police and • Fire personnel resulted in staged pay increases which provided for a mid-year increase to 3% over the 1994 wage. Because the 3% increase was staged in two parts the cost to the City for 1995 was 2.5%. It is now critical to continued compliance with the City's comparable worth plan that the City's female dominated positions included as part of the City's General Services, Management and Specialized Pay Plans, also be given an additional .5% to bring them to a total 3% greater than 1994 wage rates. Thus, these pay plans should now be adjusted to reflect the .5% increase for the last pay period of the year. Recommended Motion: Approve the attached resolutions increasing the 1995 General Services, Specialized and Management pay plans by .5% for the last pay period of 1995. Basis of Recommendation: 1. Other male dominated positions in the City have received a greater pay increase for 1995 than the female dominated position classifications. 2. A.5% increase for affected pay plans in the last pay period of 1995 would bring the 1995 increase back to an even plane for male and female dominated positions. (? a-1 3. The City needs to maintain equity in pay increases granted to all positions in the City services, especially those which are female dominated in order to continue to comply with the Comparable Worth Act. Alternative Recommendation: 1. The City Council could elect to forego any year-end adjustments to one or all of the pay plans cited. 2. The City Council could grant year-end adjustments which are either greater or less than the one recommended. Discussion/Decision Mode: If an adjustment to the pay plans suggested is to be made for the last pay period of 1995, it must be approved on December 11 to facilitate timely processing of the necessary paperwork. Respectfully submitted, Jam D. Prosser City anager • JDP:cak 0 RESOLUTION NO. RESOLUTION RELATING TO THE 1995 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for,General Services employees from time-to-time; and WHEREAS, the City is to prepare a Comparable Worth Analysis at the end of selected calendar years; and WHEREAS, the General Services pay plan contains female-dominated classes comparable to the male-dominated, contracted labor units; and WHEREAS, the City administration has prepared a pay plan for the last payroll period in 1995 for position classifications for the General Services employees, designed to provide greater salary range equity between the female-dominated and male-dominated employees; and NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 1995 the following pay plan, which is to be effective December 10, 1995 and subject to all applicable provisions of the City Code: GENERAL SERVICES COMPENSATION PLAN Step 1 2 3 4 5 MERIT RANGE Range GS1 YR 19,406.40 20,550.40 21,715.20 22,880.00 24,044.80 24,772.80 MO 1,617.20 1,712.53 1,809.60 1,906.67 2,003.73 2,064.40 BW 746.40 790.40 835.20 880.00 924.80 952.80 HR 9.33 9.88 10.44 11.00 11.56 11.91 GS2 YR 21,382.40 22,464.00 23,587.20 24,772.80 27,331.20 MO 1,781.87 1,872.00 1,965.60 2,064.40 2,277.60 BW 822.40 864.00 907.20 952.80 1,051.20 HR 10.28 10.80 11.34 11.91 13.14 GS3 YR 23,587.20 24,772.80 26,041.60 27,331.20 30,160.00 MO 1,965.60 2,064.40 2,170.13 2,277.60 2,513.33 BW 907.20 952.80 1,001.60 1,051.20 1,160.00 HR 11.34 11.91 12.52 13.14 14.50 GS4 YR 26,041.60 27,331.20 28,745.60 30,160.00 33,321.60 MO 2,170.13 2,277.60 2,395.47 2,513.33 2,776.80 BW 1,001.60 1,051.20 1,105.60 1,160.00 1,281.60 HR 12.52 13.14 13.82 14.50 16.02 GS4E YR 27,996.80 29,369.60 30,867.20 32,448.00 35,817.60 MO 2,333.07 2,447.47 2,572.27 2,704.00 2,984.80 BW 1,076.80 1,129.60 1,187.20 1,248.00 1,377.60 HR 13.46 14.12 14.84 15.60 17.22 • GS5 YR 28,745.60 30,160.00 31,678.40 33,321.60 36,753.60 MO 2,395.47 2,513.33 2,639.87 2,776.80 3,062.80 BW 1,105.60 1,160.00 1,218.40 1,281.60 1,413.60 HR 13.82 14.50 15.23 16.02 17.67 GS5E YR 30,867.20 32,448.00 34,049.60 35,817.60 39,478.40 MO 2,572.27 2,704.00 2,837.47 2,984.80 3,289.87 40 1 518 BW 1,187.20 1,248.00 1,309.60 1,377.60 , . HR 14.84 15.60 16.37 17.22 18.98 GS6 YR 31,678.40 33,321.60 35,006.40 36,753.60 42,577.60 MO 2,639.87 2,776.80 2,917.20 3,062.80 3,548.13 BW 1,218.40 1,281.60 1,346.40 1,413.60 1,637.60 HR 15.23 16.02 16.83 17.67 20.47 GS6E YR 34,049.60 35,817.60 37,627.20 39,478.40 45,780.80 MO 2,837.47 2,984.80 3,135.60 3,289.87 3,815.07 BW 1,309.60 1,377.60 1,447.20 1,518.40 1,760.80 HR 16.37 17.22 18.09 18.98 22.01 Normal Proaression_Throuah General Services Compensation Plan a. Step 1 - Start b. Step 2 - One year from anniversary date c. Step 3 - One year since last increase If an employee is rated Needs Improvement, the employee may not advance to Step 3 until performance is rated Satisfactory or higher. d. Step 4 - One year since last increase If an employee is rated Needs Improvement, the employee may not advance to Step 4 until performance is rated Satisfactory or higher. . e. Merit Range - One year since last increase for those rated Above Satisfactory or Outstanding. Satisfactory and Needs Improvement performers may not advance to or within the Merit Range. Salary increases in the Merit Range will be determined by the supervisor and may range between 2% - 5%. An employee within the Merit Range who is performing at least at an Above Satisfactory level will receive a percentage salary adjustment equal to the percentage of the overall range adjustment. An employee within the Merit Range who is performing at a Satisfactory level will receive a percentage salary increase equal to one-half (?) of the overall percentage adjustment. An employee within the Merit Range who is performing at a Needs Improvement level will not receive a salary adjustment, provided however that such employee's salary would not remain at an amount less than the new rate for Step 4 of such employee's current salary grade. f. Employees whose competency level and/or performance are rated Unsatisfactory may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. 0 ATTEST: Martin J. Kirsch Mayor Thomas P. Ferber City Clerk a a- GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS 1 Clerk Typist Non-Exempt Data Entry Operator Non-Exempt Liquor Clerk Non-Exempt Switchboard-Receptionist Non-Exempt 2 Community Development Technician Non-Exempt Community Service Officer Non-Exempt Custodian Non-Exempt Finance Clerk Non-Exempt Lead Liquor Clerk Non-Exempt Licensing Clerk Non-Exempt Liquor Clerk/Cashier Non-Exempt Police Cadet Non-Exempt Senior Clerk Typist Non-Exempt Transportation Specialist Non-Exempt 3 Accounting Clerk Non-Exempt Arena Operations Assistant Non-Exempt Code Compliance Officer Non-Exempt Dispatcher Non-Exempt Health/Licensing Specialist Non-Exempt Leased Housing Assistant Non-Exempt Secretary Non-Exempt 4 Assessment Clerk Non-Exempt Assistant Turf Supervisor Non-Exempt Central Services Technician Non-Exempt Data Processing Technician Non-Exempt Media Assistant Non-Exempt Social Services Supervisor Non-Exempt Housing Inspector I Non-Exempt 4E Administrative Aide Exempt Associate Planner Exempt Payroll Accountant Exempt Project Assistant Exempt Zoning Administrator Exempt 5 Assistant Building Superintendent Non-Exempt Community Development Assistant Non-Exempt Engineering Technician Non-Exempt Housing Inspector II Non-Exempt 5E Administrative Assistant Exempt Assistant Golf Course Manager Exempt Assistant Liquor Store Manager Exempt Civilian Crime Prevention Specialist Exempt Community Center Programmer Exempt Human Services Planner/Coordinator Exempt Leased Housing Specialist Exempt • Motor Vehicle Licensing Supervisor Naturalist 0-5- Planning and Research Specialist Recreation Supervisor Redevelopment Specialist Rehabilitation Specialist Youth Resource Specialist 6 Electrical/Building Inspector Programmer/Analyst 6E Accountant Housing Supervisor Administrative Assistant (Rev. 8-95) Exempt Exempt Exempt Exempt Exempt Exempt Exempt Non-Exempt Non-Exempt Exempt Exempt Exempt 0 RESOLUTION NO. • RESOLUTION RELATING TO THE 1995 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for Management employees from time-to-time; and WHEREAS, the City is to prepare a Comparable Worth Analysis at the end of selected calendar years, and WHEREAS, the Management pay plan contains female-dominated classes comparable to the male-dominated, contracted labor units, and WHEREAS, the City administration has prepared a pay plan for the last payroll period in 1995 for position classifications for the Management employees, designed to provide greater salary range equity between the female-dominated and male-dominated employees, and NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the last payroll full payroll period in 1995 the following pay plan, which is to be effective December 10, 1995, and subject to all applicable provisions of the City Code: MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM • M-NE YR 31,532.80 37,710.40 44,116.80 MO 2,627.73 3,142.53 3,676.40 BW 1,212.80 1,450.40 1,696.80 HR 15.16 18.13 21.21 M-1 YR 34,049.60 40,747.20 47,632.00 MO 2,837.47 3,395.60 3,969.33 BW 1,309.60 1,567.20 1,832.00 HR 16.37 19.59 22.90 M-2 YR 38,459.20 46,009.60 53,851.20 MO 3,204.93 3,834.13 4,487.60 BW 1,479.20 1,769.60 2,071.20 HR 18.49 22.12 25.89 M-3 YR 43,867.20 52,499.20 61,568.00 MO 3,655.60 4,374.93 5,130.67 BW 1,687.20 2,019.20 2,368.00 HR 21.09 25.24 29.60 M-4 YR 48,900.80 58,489.60 68,432.00 MO 4,075.07 4,874.13 5,702.67 BW 1,880.80 2,249.60 2,632.00 • HR 23.51 28.12 32.90 M-5 YR 56,721.60 67,828.80 79,372.80 MO 4,726.80 5,652.40 6,614.40 BW 2,181.60 2,608.80 3,052.80 HR 27.27 32.61 38.16 L' • to o\o oM o\o In LO In 11 ri E 4-) z H rI N H ? ? 4 a ?i A A ? U ? •n ? ?o c? E O N FZ4 0 o O + ( i A (1) 44 0 0 Q a a 0 0 >4 a) N rn (a 44 w b 44 r-I a) ro •,i H ro •ri S4 r-? ro>(1) -ri 4-> w O\° O\O O\° co • ° U') LO a) 0 s z A -4 U < Z m r-I .-i 4-) 114 >4 H 0 ? rq C :>4 O 4-) r-4 4-) -ri 04 0 a Q to U) (a O ° ° 0 < H O 0 a) r-i rO a) °Lo a 0 . 4 z ro ro 10 3 a) 4-) 00 Q p H a H r-+ a a) (1) ro4-) H LO 10) 0) 0) •ri W °? ro (a r. 0 ro , 3 0 ro a a~ a a pNa) W U •? 0 ro W ° oO ° O 0 ?4 •ri 0 + 44 ? ri p d ch .-1 4 0 >1 E-4 a ri p (1] z 0 0 0 (a a H H .0 H H p Q O ro ? 4-) (a H H (+? H Q ro ro i ri r. rn •n •n n • ro a x ^` a a p H 0 rq ro? z 01 0) u •ro ° a r 0 0 ° >4 4-) -r4 a a a z > ?ro? U x Q ) ? Q) ?4 d-> 1 4 - a a w > 0 A c d z >4 z ri 4J a 0 rn lz ? H a) Z4 O E ro ro U W W a) P IC4 r. (a co (10 p 0 0 w a ? + a a) w N (a H a Ul > -ri ro (a H a ro 4-) 0 4-) (1) U) ? ai ro o En z 0?0_, 7 N 0 c? U U? x h a) H U •r4 U ?4 a) W w w ? E 0 E 4 < E a9_3 . MANAGEMENT POSITION CLASSIFICATION STRUCTURE RANGE POSITION CLASS M-NE Foreman/Supervisor Non-Exempt Turf Supervisor Non-Exempt M-1 City Clerk Exempt Community Services Manager Exempt Health Administrator Exempt Liquor Store Manager Exempt M-2 Asst. Fire Chief/Fire Marshal Exempt Chief Building Official Exempt City Planner Exempt Data Processing Manager Exempt Engineering Supervisor Exempt Superintendent Exempt Transportation Engineer Exempt M-3 City Engineer Exempt Finance Manager Exempt Housing & Redevelopment Coordinator Exempt Leisure Services Coordinator Exempt Operations Coordinator Exempt Personnel Manager Exempt • M-4 Liquor Operations Director Exempt M-5 Department Director Exempt (Rev. 12-95) 0?a- 9 RESOLUTION NO. RESOLUTION RELATING TO THE 1995 SPECIALIZED PAY PLAN • WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for Specialized pay plan employees from time-to-time; and WHEREAS, the City is to prepare a Comparable Worth Analysis at the end of selected calendar years; and WHEREAS, The General Services pay plan contains female- dominated classes comparable to the male-dominated, contracted labor units; and WHEREAS, the City administration has prepared a pay plan for the last payroll period in 1995 for position classifications for the Specialized pay plan employees, designed to provide greater salary range equity between the female-dominated and male- dominated employees; and NOW, THEREFORE, BE IT RESOLVED.that the City Council do and hereby does establish for the year 1995 the following pay plan which is to be effective December 10, 1995 and subject to the provisions of the personnel rules and regulations ordinance: SPECIALIZED PAY PLAN INTERMITTENT AND SEASONAL M Pay Grade Step 1 Step 2 Step 3 Step 4 Stets 5 SP1-E HR 4.44 4.65 4.90 5.12 5.39 SP2-E HR 4.93 5.16 5.42 5.68 5.96 SP3-E HR 5.32 5.57 5.86 6.15 6.46 SP4-E HR 5.75 6.02 6.33 6.63 6.97 SP5-E HR 6.19 6.49 6.83 7.16 7.53 SP6-E HR 6.69 7.04 7.38 7.74 8.14 SP7-E HR 7.24 7.57 7.95 8.36 8.77 SP8-E HR 7.83 8.20 8.59 9.03 9.48 SP9-E HR 8.42 8.83 9.29 9.75 10.23 SP10-E HR 9.11 9.57 10.05 10.54 11.08 SP11-E HR 9.83 10.30 10.83 11.38 11.93 SP12-E HR 10.59 11.14 11.68 12.27 12.89 Instructor's Range: $5.00 - $50.00 Election Judge: $5.50 Election Co-Chair: $5.75 Election Chairperson: $6.25 13H O Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to receive increases to the next higher grade step based on individual performance and the following-progression: a. Step 1 - Start b. Step 2 - One year from anniversary date c. Step 3 - One year from last increase d. Step 4 - One year from last increase e. Step 5 - One year from last increase Passed by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch Mayor ATTEST: 0 Thomas P. Ferber City Clerk 0 k a0_11 1 E Driving Range I 7 NE Accounting Clerk E Pool Attendant NE Adaptive Program Spvr. NE Assessment Clerk NE Concession I (All sites EXCEPT NE Concession Supervisor(All Pool, Veteran's & Taft) sites EXCEPT Pool) NE Ice Guard NE Construction Specialist E Concession I (Pool, Veteran's NE Licensing Clerk & Taft only) NE Naturalist I E Facility Rental Attendant NE Zamboni Operator E Concession Supervisor-Pool 3 NE Bike Patrol Officer E Golf Course Technician I NE Concession II (All sites E Miniature Golf Supervisor EXCEPT Pool, Vet's & Taft) NE Scorer/Timer 8 NE Adaptive Coordinator NE Special Events Worker NE Construction Inspector NE Sports Attendant I NE Farmers Market Coord. E Concession II (Pool, Veteran's NE Naturalist Coordinator & Taft) E Golf Course Technician II E Facility Cashier E Playground Coordinator E Pool Day Watch E Tennis Coordinator E Winter Golf Course Tech. 4 NE Custodian I NE Maintenance Laborer I 9 NE Comm. Development Tech. NE Men Open Gym Attendant E Special Facilities Coord. NE Dance Coordinator NE Sports Attendant II 10 NE Athletic Coordinator NE Video Production Assistant NE Engineering Aide E Pool Night Watch E Clubhouse Coordinator E Ranger E Pool Supervisor E Warming House Attendant E Waterslide Attendant(Parks) 11 NE Community Relations Coord. 5 NE Adaptive Assistant 12 None NE Custodian II NE Intern Instructors NE Liquor Cashier NE Building Inspector NE Liquor Clerk NE Figure Skating NE Maintenance Laborer II NE Hockey (Arena) NE Substitute Van Driver NE Housing & Redev. Tech. NE Survey Crew Person NE Social Services Supervisor NE Winter Sports Attendant NE Sports Official E Driving Range II NE Dance E Golf Course Laborer I E Cross Country Ski E Par-3/Driving Range Attend. E Golf Professional E Starter E Hockey (Outside) E Miniature Golf Coordinator E Tennis E WSI 6 NE Adaptive Leader/Specialist NE Clerk Typist - Int. & Sub. Other Election Judge $5.50 NE Concession III(All sites Election Co-Chair $5.75 EXCEPT Pool) Election Chairperson $6.25 NE Maintenance Laborer III NE Pro Shop Attendant NE Substitute Naturalist NE=Non-Ex empt, may work up to 40 hour s E Concession III (Pool only) per week without overtime pay. E Golf Course Laborer II E=Exempt, may work up to 48 hours per E' Lifequard week without overtime pay. E Outdoor Skating Supervisor E Playground Leader E Warming House Supervisor CJ ,I S-/ All Community Center, Woodlake Nature Center, Ice Arena and Maintenance positions are non-exempt. All Pool positions are exempt from overtime, even Concessions. All Golf positions, except Concessions/Pro Shop positions, are exempt. All Playground and Outdoor Rink positions are exempt. (Revised 10-95) 0 a? CITY OF RICHFIELD, MINNESOTA Council Letter No. 344 Agenda December 11, 1995 Issue Statement: Consideration of resolution to amend the Letter of Understanding between the City of Richfield and the City Manager, adjusting compensation. Background: A Special City Council Executive Session was held to 6:30 p.m. on Friday, December 1, 1995 to discuss the City Manager's evaluation and compensation. Attached is Resolution No. 8223 amending the Letter of Understanding between the City of Richfield and James D. Prosser, City Manager, which was approved by the City Council on January 9, 1995. Mayor Kirsch requested that consideration of a resolution adjusting the compensation of the City Manager be placed on the December 11, 1995 Council agenda. Recommended Motion: 1. The Mayor will provide a summary of the results of the Special Council Executive Session regarding the City Manager's evaluation and compensation. 2. The City Council should also decide whether to act on the proposed resolution adjusting the City Manager's compensation. Basis of Recommendation: 1. The Mayor has requested this item be placed on the agenda of the regular City Council meeting of December 11, 1995. Alternative Recommendation: 1. The City Council could choose to defer action on this item to a meeting at a later date. Discussion/Decision Mode: This resolution has been placed on the December 11, 1995 agenda for Council consideration. MJK:cak 0 0 RESOLUTION NO. RESOLUTION AMENDING THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: The following section of the Letter of Understanding between the City of Richfield, Minnesota and James D. Prosser, City Manager, dated July 14, 1986 is amended as follows: 1. Section 5. Salary: Employer agrees to increase the City Manager's base salary of $85,007 by % effective September 1, 1995 and % effective March 1, 1996, payable in installments at the time as other employees of the employer are paid. 2. Longevity Pay (optional): Longevity pay shall be granted to the City Manager in accordance with the benefit plan in effect at the time of employment. Passed by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk Or C?/- 01, 0 RESOLUTION NO. 8223 RESOLUTION AMENDING THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The following sections of the Letter of Understanding between the City of Richfield, Minnesota and James D. Prosser, City Manager, dated July 14, 1986 is amended as follows: Section 5. Salary: Employer agrees to increase the City Manager's base salary of $82,934 by 2.5$ to $85,007 effective September 1, 1994, payable in installments by the time as other employees of the employer are paid. Passed by the City Council of the City of Richfield, Minnesota this 9th day of January, 1995. Martin J. Kirsch, Mayor 0 ATTEST: Thomas P. Ferber, City Clerk c?D . CITY OF RICHFIELD, MINNESOTA Council Letter No. 343 Agenda December 11, 1995 Issue Statement: Consideration of approval of the purchase of a new computerized accounting and financial management system. Background: The City is currently using a computerized accounting system which was developed 30 years ago. It has since been converted, modified and enhanced many times. However, the core design remains that of a batch accounting system where data is input and reported on a monthly basis. Up-to-date data is not available in a timely fashion, the system lacks flexibility, some procedures are not automated and some functions require repetitive handling and entry of data. Because of these inadequacies and the fact that the accounting applications run on computer hardware that is also out of date, staff began to look for an alternative. A formal bidding process was used to obtain proposals for a new financial system. Six bids were received. The minutes of the bid opening are attached. Three vendors were eliminated because their proposals were incomplete and a fourth was eliminated • because it looked to be incomplete and was also the highest bid received. The bids submitted by LOGIS and New World Systems were selected as finalists because they appeared to meet the City's requirements. LOGIS is a consortium of Minnesota local governments which provides computing services to its members. New World Systems (NWS) is a developer of software for government users and a reseller of IBM computer equipment. NWS applications are currently installed in 200 cities nationwide including Burnsville and New Prague. A committee of City staff representing various divisions extensively reviewed and researched the two proposals, including current customer references. All committee members agreed that NWS products were clearly superior to those offered by LOGIS. The NWS proposal includes the purchase of licenses to use their software, an IBM AS/400 computer, training, installation and annual charges for support. The amount of the recommended purchase including sales tax is $196,406 plus a five- year support and maintenance agreement at an annual fee of $15,089 (five-year total is $75,445). The 1995/96 Central Services Fund budget contains $196,230 and $20,000 respectively for this project., At the time the budget was prepared, cash flow projections for the fund indicated that there would be insufficient cash to make a one-time outlay for the purchase. Therefore, a five-year loan from the Capital Improvement Reserve Fund with 6% interest was incorporated into the budget. IBM is currently offering a lease/purchase program at a 4.9% interest rate which the City could take advantage of . to finance the IBM equipment and software portion of the purchase. A detailed listing of the recommended purchase and financing is attached. 0?0 In addition to this purchase from NWS, the City must acquire three items from other sources to complete the system. These are a monitor and modem for the AS/400 and additional software for our PC network to facilitate the link between the network and AS/400. The estimated cost of these items is $7,500. The new financial system is dependent on several other purchases included in the 1995/96 Central Services budget in order for it to be fully operational and meet the goals set forth earlier in this letter. These include the installation of a wide area network to link the PCs located in the various City buildings and the purchase of PCs to replace the old Unisys computers used by staff who need to access the financial system. Other budgeted projects and uses are also dependent on these purchases as well. Recommended Motion: Approve the following actions: 1. Adopt the attached resolution authorizing the City Manager and Mayor to contract with New World Systems for a new accounting and financial management system; 2. Authorize the purchase to be financed by a five-year lease/purchase from IBM at 4.9% interest and a five-year, $132,114 inter-fund loan to Central Services from the • Capital Improvement Reserve Fund at 6% interest; and 3. Authorize the City Manager to purchase Novell NetWare for SAA network software from Portico Computers in the amount of $5,472 plus sales tax. Basis of Recommendation: 1. The City's current financial system needs to be replaced because it is inefficient, inflexible, does not provide timely information, and runs on outmoded equipment. 2. The products proposed by New World Systems will meet the objectives of providing timely, flexible and efficient financial information. 3. Based on staff's extensive research into the software, hardware and services proposed by NWS, the products appear to be well designed and of the highest quality. 4. NWS offers a full suite of integrated municipal software modules not being considered at this time but which may be of benefit to the City in the future. Alternative Recommendation: 1. The attached resolution waives the requirement for a performance bond. The Council may choose to require one. The bid from NWS states that the cost of such a • bond will be passed to the City at an estimated amount of $1,095. Staff is not recommending the performance bond because of the additional cost and because a®-?P, under the terms of the contract the City will retain a significant portion of the purchase price until the installation is completed. 2. The Council may approve the purchase but direct staff to find an external source for financing the portion staff recommends be financed by an inter-fund loan.. 3. The Council may reject all bids and delay acquisition of a new financial system until some time in the future. Discussion/Decision Mode: The prices in the bid from New World Systems are valid through December 18, 1995 Staff therefore requests action at the December 11 City Council meeting. Respectful) submitted, James D. Prosser City Manager JDP:ds . Attachment is 0 L` PURCHASE AND FINANCING SUMMARY ITEM IBM AS/400 Computer IBM AS/400 System Software Sales Tax on Above Items IBM AS/400 Installation Total Amount to be Financed by 5 Year 4.9% IBM Lease/Purchase NWS Application Software Sales Tax on Above Item Custom Programming Training, Installation and Implementation Planning (300 hours on-site) NWS Travel & Expenses Data Conversion from Old Computer System Total Amount to be Financed by 5 Year 6.0% Inter- Fund Loan Total Capital Outlay NWS 5-Year Support and Software Upgrade Agreement to be financed from Central Services Fund annual operating budgets IBM 5 Year Maintenance Agreement Total Amount to be Financed from Central Services Annual Operating Budgets AMOUNT $ 46,805 $ 9,619 $ 3,668 $ 4.200 $ 64.ZUZ $ 77,900 $ 5,064 $ 5,850 (estimate) $ 22,500 (estimate) $ 7,000 (estimate) $ 13,800 (estimate) $ 132,114 $ 196,406 $ 64,465 ($12,893 annual) $ 10,980 ($2,196 annual) $ 75,445 ($15,089 annual) Note: Estimates have been quoted for services which are billed on an hourly basis as they are provided. 0 ao-?} 1 RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR FINANCIAL APPLICATION SOFTWARE AND RELATED EQUIPMENT WHEREAS, pursuant to an advertisement for bids for application software and related equipment, bids were received, opened and tabulated according to law; and WHEREAS, it appears that New World Systems of Troy, Michigan, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. That the proposal dated September 18, 1995, of New World Systems is hereby accepted for the products and services specified in the City's Request for Bids dated August 18, 1995; 2. That the Mayor and City Manager are hereby authorized and directed to enter into a contract with New World Systems for the following products and services (amounts include state sales taxes where applicable): a. IBM AS/400 computer, system software and installation in the amount of $64,292; b. New World Systems application software in the amount of $82,964; c. Custom programming in an amount estimated not to exceed $5,850; d. Training, installation and implementation planning services in an amount estimated not to exceed $22,500; e. Travel and expenses reimbursement in an amount estimated not to exceed $7,000; and Conversion services in an amount estimated not to exceed $13,800; g. Five-year software maintenance agreement in the amount of $64,465; h. Five-year IBM maintenance agreement in the amount of $10,980; 0 3. That the City waives the requirement for a performance bond; and 4. That the bids submitted by LOGIS of Brooklyn Center, Minnesota; Pentamation of Bethlehem, Pennsylvania; Micro Arizala Systems of Ann Arbor, Michigan; TR Systems of White Bear Lake, Minnesota; and HTE of Orlando, Florida are rejected as non-responsive because they failed to include application software for public works cost accounting; and 5. That the City Clerk is hereby authorized and directed to return the deposit of the successful bidder when a contract has been signed. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk E 40 • U 'v U ` a > v Co a m ; CO) E ca 0 o -v Q N Q- ca O N 3 O a O CO o w O M ?ca Z O C 'O (D LO O co Q a) rn Q- LL 0 a) 0 L O U ° ° co r c o >C14 a`) E CD' c LL O L E Q a mQ Q w O E U CO N C m Sri 3 a) 4) Q ca U) ca O m 3 zE? t m o _ V 0 O O ? c ? a) m L 2-- :3 E- m m a ? E IS -0 Co CT `) ? co as O 0 c c 3 E ca a DMa- s U o a. 3 4)) = L- 0 N m> p c m a) a) > Cl) Q N U 0 m > a) a) co U a) O co c co rn c m Uo CL U c N? N o LL O c L ca F- CO C m CL O E C D o o _ 0 ` 4 ° _ . a U 0 r- o LO t ) z w o rn .., Q .g 0 0 U) 00 a) O O ? o 0 0 0 0 0 _ m U r- 1- 0) Cl) ? ? N I C O m OD ch m Cl i ( O) D 0 :3 C6 LO U) (D CO Q ? ? 00 N ? r 69 v7 O 0 p p p 0 U 0 o 0 a) 1 Clf) ti N LO O r - E IV O O M Cl) O O OD C 6% 6 69 6 o (1) U O a) ? a) U m N L m c0 E L U mU v_ Z.0 cc m m m U m ? U o 0 N 0 z Z c c m Y c o U OJ ? co U 0 N co LL U (1) j -0 o >% a) F C Q c Y L N C c co O 2 E Q O c °r CO c c a ca vi U L O L Q ' >, E N a O 2 c co 's 3 > ?w = ?- am z 6 c N N c a O O r () L 8 a) a) te m v a) N v c ca 03 7 ca (D L 3 v, v m L t v U c O O c c m m a) H L a) U a) .a a) LL a of O L E- /17 CITY OF RICHFIELD, MINNESOTA Council Letter No. 342 Agenda December 11, 1995 Issue Statement: Renewal of a 1996 pawnbroker and secondhand goods dealer license for Firearm Systems and Design, d/b/a The Gun Shop and Pawnbroker, 7529 Lyndale Avenue. Background: On November 9, 1995, the City received the application and other required documents for the pawnbroker and secondhand goods dealer license for Firearm Systems and Design. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Patrick Teel is owner and manager of this establishment. He has no known criminal record. • Mr. Teel holds a Federal Firearms License - U. S. Treasury Bureau of Tobacco, Alcohol and Firearms and a City Firearms Dealer License. • A copy of the Articles of Incorporation and the By-Laws have been provided and are on file with the City. The $1,500 bond will be submitted as soon as it is received. From November 1994 through October 1995 there were 17 Public Safety contacts with Firearm Systems and Design. This compares with 23 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental Health staff have not received any complaints in 1995. The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. Recommended Motion: Approve the renewal of pawnbroker and secondhand goods dealer license for Firearm Systems and Design, d/b/a The Gun Shop and Pawnbroker for 1996 with the following stipulation: 1. That their $1,500 bond is submitted as soon as possible. 1 q-1 f Basis for Recommendation: 1. The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods dealer licensing with the exception of the submittal of their $1,500 bond. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a temporary license to allow the applicant to continue his pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Firearm Systems and Design, d/b/a The Gun Shop and Pawnbrokers secondhand goods dealer and pawnbroker license has been scheduled for December 11, 1995. Their current license will expire January 1, 1996; therefore; if the Council decides to continue the hearing Ol beyond December 11, any subsequent hearing should be scheduled appropriately. Respectfully submitted, James Prosser City Ma ager JDP:ds /9-a I• PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 THE GUN SHOP AND PAWNBROKER 1994 1995 Total Contacts 23 17 Criminal Contacts 23 17 Alarms (5) (7) Misc. Non-Criminal 0 0 Assists (0) (0) Traffic/Parking (0) (0) Medical/Fire (0) (0) Inspections/Licensing (0) (0) The criminal contacts for 1995 were one admin. assist, two suspicious persons, two weapon violations, five burglary alarms, two robbery alarms, one theft, one disturbance, one malicious mischief, one burglary, and one stolen property. (Numbers in parenthesis are included in total contact figures) i40 l? CITY OF RICHFIELD, MINNESOTA Council Letter No. 341 Agenda December 11, 1995 Issue Statement: Renewal of a 1996 pawnbroker and secondhand goods dealer license for Plaza Pawn, 6414 Nicollet Avenue. Background: On October 30, 1995, the City received the application and other required documents for the pawnbroker and secondhand goods dealer license for Plaza Pawn. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Dorothy Krieger is the owner of this establishment, and Hal Krieger is the manager. They have no known criminal records. • Ms. Krieger holds a Federal Firearms License - U. S. Treasury Bureau of Tobacco, Alcohol and Firearms and has a City Firearm Dealer's License. • A copy of the Articles of Incorporation have been provided and are on file with the City. • The $1,500 bond issued by Truck Insurance Exchange of Los Angeles has been submitted. From November 1994 through October 1995, there were nine Public Safety contacts with Plaza Pawn. This compares with six contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental Health staff have not received any complaints in 1995. The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. Recommended Motion: Approve the renewal of pawnbroker and secondhand goods dealer license for Plaza Pawn for 1996. Basis for Recommendation: 1. The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods dealer licensing. /S-I 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a temporary license to allow the applicant to continue his pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Plaza Pawn's pawnbroker and secondhand goods dealer license has been scheduled for December 11, 1995. Their current license will expire January 1, 1996; therefore, if the Council decides to continue the hearing beyond December 11, any subsequent hearing should be held before the licenses expire. Respectfully submitted, Jame . Prosser City M ager JDP:ds E /15- • PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 PLAZA PAWN 1994 1995 Total Contacts 6 9 Criminal contacts 5 8 Alarms (4) (4) Misc. Non-Criminal 1 1 Assists (1) (0) Traffic/Parking (0) (1) Medical/Fire (0) (0) Inspections (0) (0) The criminal contacts for 1995 were four burglary alarms, two stolen properties, one follow-up and one suspicious person. • (Numbers in parenthesis are included in total contact figures) r-7 LJ CITY OF RICHFIELD, MINNESOTA Council Letter No. 340 Agenda December 11, 1995 Issue Statement: Renewal of 1996 on-sale wine and non-intoxicating malt liquor license for The Frenchman's, 1400 East 66th Street. Background: On October 25, 1995, the City received the renewal applications and other required documents for the wine and non-intoxicating malt liquor licenses for The Frenchman's. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization remains unchanged from last year. Mary Blake continues serving as President, and Dean Blake is serving as Vice-President, Secretary and Treasurer. Mary Blake will also continue serving as the General Manager of the restaurant. None of these individuals has any known criminal record. • A 10 year contract for deed with William and Joan Snyder continues to be in effect • with all payments current. • All general real estate taxes, State sales and withholding taxes have been paid and are current. • The applicant will supply proof of liquor liability insurance and proof of workers' compensation insurance as soon as possible. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1994 through September 1995 and indicates that food sales accounted for 53% of the total sales, while beer and wine sales accounted for 47% of the total sales. From November 1994 through October 1995, there were four Public Safety contacts with The Frenchman's as compared to seven contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental Health staff received one complaint in 1995. It concerned a canopy stored along the side of the building. The condition was corrected and no further complaints have been received by staff. • On-sale wine and non-intoxicating malt liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment and provided to the City Council. M-1 Recommended Motion: Approve the renewal of the 1996 on-sale wine and non-intoxicating malt liquor licenses for The . Frenchman's with the following stipulations: 1. That the requirements are met in Resolution No. 7380. 2. That their workers' compensation insurance and liquor liability insurance information is submitted as soon as possible. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and non-intoxicating malt liquor licenses with the exception of the submittal of their liquor liability insurance and workers' compensation insurance information. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a license extension to allow the applicant to continue to sell wine and non-intoxicating malt liquor until the rescheduled hearing can be conducted. 2. The Council could.decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the request for the renewal of The Frenchman's wine and non- intoxicating malt liquor licenses has been scheduled for December 11, 1995. Their current licenses expire January 1, 1996; therefore, if the Council decides to continue the hearing beyond December 11, any subsequent hearing should be held before the licenses expire. Respe ly submitted, James Prosser City Ma ger JDP:ds PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 THE FRENCHMAN'S 1994 1995 Total Contacts 7 4 Total Criminal Contacts 5 2 "Bar Type" (Included in Crim. Contacts) (3) (0) Alarm (0) (0) Misc. Non-Criminal 2 2 Assists (1) (1) Traffic/Parking (1) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts for 1995 were one drunkenness and one assault. (Numbers in parenthesis are included in total contact figures) n A0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 339 Agenda December 11, 1995 Issue Statement: Renewal of 1996 on-sale wine and non-intoxicating malt liquor licenses for Miller's Fireside Pizza, Inc., 6736 Penn Avenue. Background: On October 24, 1995, the City received the renewal applications and other required documents for the wine and non-intoxicating malt liquor licenses for Miller's Fireside Pizza, Inc. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization has changed from last year. A copy of the list of officers of the corporation is attached to this letter. David Miller continues to serve as the general manager of the restaurant. None of these individuals has any known criminal record. • All general real estate taxes, State sales and withholding taxes have been paid and are current. The building and property continue to be owned by the Miller's. • The required proof of liquor liability insurance has been received showing Transcontinental Insurance Company as affording the required coverage. The applicant will supply proof of workers' compensation insurance coverage as soon as possible. • An accountant's statement has been prepared and submitted by Gordon Anderson of the George M. Hanson Company, P.A. This statement covers the period from September 1994 through August 1995 and indicates that food sales accounted for 92% of the total sales, while beer and wine sales accounted for 8% of the total sales. From November 1994 through October 1995, there were seven Public Safety contacts with Miller's as compared to four contacts for the previous year. A breakdown of these contacts is attached to this letter. There were no environmental health complaints received during this time period. On-sale wine and non-intoxicating malt liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment and provided to the City Council. 1?-/ Recommended Motion: Approve.the renewal of the 1996 wine and non-intoxicating malt liquor licenses for Miller's 10 Fireside Pizza, Inc. with the following stipulations: That the requirements are met in Resolution No. 7380. 2. That proof of their workers' compensation insurance information is submitted as soon as possible. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and non-intoxicating malt liquor licenses with the exception of the submittal of their workers' compensation insurance information. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a license extension to allow the applicant to continue to sell wine and non-intoxicating malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Miller's Fireside Pizza, Inc., wine and non-intoxicating malt liquor license has been scheduled for December 11, 1995. Their current licenses expire January 1, 1996; therefore, if the Council decides to continue the hearing beyond December 11, any subsequent hearing should be held before the licenses expire. Resp ly submitted, James Prosser City Ma ager JDP:ds • PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 MILLER'S FIRESIDE PIZZA • 1994 1995 Total Contacts 4 7 Criminal Contacts 2 5 "Bar Type" (Included in Crim. Contacts) (0) (1) Misc. Non-Criminal, 2 2 Assists (0) (0) Traffic/Parking (0) (0) Inspections/Licensing (0) (0) Medical/Fire (2) (2) The criminal contacts for 1995 were two forgery, one no pay, one recovered stolen property and one harassment. (Numbers in parenthesis are included in total contact figures) is ! (?o -?) • MILLER'S FIRESIDE PIZZA, INC. Partners/Officers Name and Title: David J. Miller - President Diane Miller - Vice President Diane Miller - Secretary David J. Miller - Treasurer ?_J /?) CITY OF RICHFIELD, MINNESOTA Council Letter No. 338 Agenda December 11, 1995 Issue Statement: Renewal of a 1996 on-sale wine and non-intoxicating malt liquor licenses for Kiang's Red Pepper, Inc. d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street. Background: On October 23, 1995, the City received the renewal applications and other required documents for the on-sale wine and non-intoxicating malt liquor license for Red Pepper Chinese Restaurant. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization remains unchanged. Ricky Kiang is serving as President, Vice-President, Secretary and Treasurer. Mr. Kiang continues to serve as the General Manager of the restaurant. Mr. Kiang has no known criminal record. • All general real estate taxes, State sales and withholding taxes have been paid and are current. • The lease between the applicant and the property owner, Carlson Real Estate Company continues to be in effect with all payments current. • The required proof of liquor liability insurance coverage has been received showing Truck Insurance Exchange as affording the required coverage. Proof of workers' compensation insurance will be supplied as soon as possible. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1994 through September 1995 and indicates that food sales accounted for 98% of the total sales, while beer and wine sales accounted for 2% of the total sales. • From November 1994 through October 1995, there were five Public Safety contacts with Red Pepper as compared to two contacts for the previous year. A breakdown of these contacts is attached to this letter. • Environmental health staff received one complaint in 1995. It concerned an unidentified object found in a dinner. Bloomington health inspectors were notified and no further complaints have been received by staff. On-sale wine and non-intoxicating malt liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment and provided to the City Council. /5'1 Recommended Motion: Approve the renewal of the 1996 on-sale wine and non-intoxicating malt liquor license for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant with the following stipulations: That the requirements are met in Resolution No. 7380. 2. That their workers' compensation insurance information is submitted as soon as possible. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to a on-sale wine and non-intoxicating malt liquor licenses with the exception of the submittal of their workers' compensation insurance information. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a license extension to allow the applicant to continue to sell wine and non-intoxicating malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the license. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant's wine and non-intoxicating malt liquor license has been scheduled for December 11, 1995. Their current license expires January 1, 1996; therefore, if the Council decides to continue the hearing beyond December 11, any subsequent hearing should be held before the licenses expire. Respectful) ubmitted, James D. ?sser City Manager JDP:ds l S- ? PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 RED PEPPER CHINESE RESTAURANT 1994 1995 Total Contacts 2 5 Total Criminal Contacts 2 4 "Bar Type" (Included in Crim. Contacts) (0) (0) Alarm (2) (1) Misc. Non-Criminal 0 1 Assists (0) (0) Traffic/Parking (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts for 1995 were one burglary alarm, two theft and one vehicle theft. (Numbers in parenthesis are included in total contact figures) 49 IV CITY OF RICHFIELD, MINNESOTA 41 Council Letter No. 337 Agenda December 11, 1995 Issue Statement: Renewal of 1996 on-sale wine and non-intoxicating malt liquor licenses for Gin Ng Inc. d/b/a Silver Spoon Restaurant, 6700 Penn Avenue. Background: On November 13, 1995, the City received the renewal applications and other required documents for the wine and non-intoxicating malt liquor licenses for Silver Spoon Restaurant. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization remains unchanged.from last year. A copy of the list of officers of the corporation is attached to this letter. Gin Ng continues to serve as the General Manager of the restaurant. None of these individuals has any known criminal record. • The building and property continue to be owned by Kenneth Youngberg, and the lease between the applicant and the landlord continues to be in effect with all payments current. • All general real estate taxes, state sales and withholding taxes have been paid and are current. • The applicant has supplied proof of liquor liability insurance coverage. This coverage indicates that Acceptance Indemnity Insurance Company is also affording the required liquor liability insurance coverage. Proof of workers' compensation insurance coverage was also supplied. • An accountant's statement has been prepared and submitted by S. Krishnan, CPA. This statement covers the period from October 1994 through September 1995 and indicates that food sales accounted for 98% of the total sales, while beer and wine sales accounted for 2% of the total sales. From November 1994 through October 1995, there was one Public Safety contact with Silver Spoon Restaurant as compared to two contacts for the previous year. A breakdown of these contacts is attached to this letter. There were no environmental health complaints received during this time period. i On-sale wine and non-intoxicating malt liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment and provided to the City Council. Recommended Motion: . Approve the renewal of.the 1996 on-sale wine and non-intoxicating malt liquor licenses for Gin Ng Inc., d/b/a Silver Spoon Restaurant with the following stipulations: That the requirements are met in Resolution No. 7380. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and non-intoxicating malt liquor licenses with the exception of the submittal of their workers' compensation insurance information. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a license extension to allow the applicant to continue to sell wine and non- intoxicating malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Gin Ng Inc., d/b/a Silver Spoon Restaurant's wine and non-intoxicating malt liquor licenses has been scheduled for December 11, 1995. Their current licenses expire January 1, 1996; therefore, if the Council decides to continue the hearing beyond December 11, any subsequent hearing should be held before the licenses expire. Respectfully submitted, • James JD.osser City Manager JDP:ds / q.^ D_ PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 SILVER SPOON RESTAURANT 1994 1995 Total Contacts 2 1 Criminal Contacts 0 0 "Bar Type" (included in Crim. Contacts) (0) (0) Alarm (0) (0) Misc. Non-Criminal 2 1 Assists (0) (0) Traffic/Parking (2) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (1) There were no criminal contacts for 1995 (Numbers in parenthesis are included in total contact figures) • 0 14-3 • Silver Spoon Restaurant Officer and Titles: Gin Chiu Ng - President Oi Chi Lau - Vice-President 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 336 Agenda December 11, 1995 Issue Statement: Renewal of 1996 on-sale and Sunday liquor licenses for Paisan Incorporated d/b/a Khan's Mongolian Barbeque, 500 East 78th Street. Background: On October 27, 1995, the City received the renewal. applications and other required documents for the on-sale and Sunday liquor licenses for Khan's Mongolian Barbeque. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization remains unchanged from last year. Mitchal Law continues to serve as the General Manager of the restaurant. Mitchal Law and Paisan Law are sole owners of the restaurant. Neither of these individuals has any known criminal record. • The lease between the applicant and the property owner, Roy A. Bogen, is in effect with all payments current. • • All general sales, real estate and withholding taxes have been paid and are current. • The $10,000 bond issued by United Fire & Casualty Company has been submitted. • The required proof of liquor liability insurance will be supplied as soon as possible. Proof of workers' compensation insurance coverage has been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1994 through September 1995 and indicates that food sales accounted for 92% of the total sales, while liquor sales accounted for 8% of the total sales. From November 1994 through October 1995, there were 12 Public Safety contacts with Khan's. This compares with one contact for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff received one complaint in 1995. It concerned a wooden fence around the mechanical equipment on the roof of the building being in need of paint. The condition was corrected and no further complaints have been received by staff. . On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any ongoing problem occur. A copy of this resolution has been given to the owner of the establishment and provided to the City Council. 13-I Recommended Motion: Approve the renewal of the 1996 on=sale and Sunday liquor license for Khan's Mongolian Barbeque with the following stipulations: That the requirements are met in Resolution No. 7380. 2. That their required proof of liquor liability insurance information is submitted as soon as possible. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale and Sunday liquor licensing with the exception of the submittal of their required proof of liquor liability insurance information. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Proc Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. a edure Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Khan's Mongolian Barbeque on-sale and Sunday liquor licenses has been scheduled for December 11, 1995. These licenses expire January 1, 1996; therefore, if the Council decides to continue the hearing beyond December 11, any subsequent hearing should be held before the licenses expire. Respectfully submitted, • James .Prosser City Manager JDP:ds 13-a 0 PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 KHAN'S MONGOLIAN BARBECUE 1994 1995 Total Contacts 1 12 Total Criminal Contacts 0 11 "Bar Type" (Included in Crim. Contacts) (0) (0) Alarm (0) (6) Misc. Non-Criminal 1 1 Assists (0) (0) Traffic/Parking (0) (1) Inspections/Licensing (0) (0) Medical/Fire (1) (0) The criminal contacts for 1995 were two thefts, three burglary and six burglary alarms. 0 (Numbers in parenthesis are included in total contact figures) E /3_3 • Khan's Mongolian Barbeque Officers and Directors Mitchal Law President and Treasurer Sherri Law Vice-President and Secretary • F-I /a CITY OF RICHFIELD, MINNESOTA Council Letter No. 335 Agenda December 11, 1995 Issue Statement: Renewal of 1996 on-sale and Sunday liquor licenses for the Ground Round of Minn. Inc., d/b/a The Ground Round, 1500 East 78th Street. Background: On October 16, 1995, staff received the renewal applications for on-sale and Sunday liquor licenses for The Ground Round. All required fees have been paid. Public Safety's investigation is complete and reveals the following: • The corporate structure of the organization has changed from last year. Robin Moroz is now serving as Vice-President/Secretary. A copy of the list of officers of the corporation is attached to this letter. Scott Olson continues to serve as the general manager of the restaurant. None of these individuals has any known criminal record. • All general sales, real estate and withholding taxes have been paid and are current. • The lease with A.G. Bogen (property owner) is in effect and all payments are current. • The $10,000 bond issued by American Manufacturers Mutual Insurance Company has been submitted. • The required proof of liquor liability insurance coverage has been received showing St. Paul Surplus Lines Company as affording the required coverage. The applicant will supply proof of workers' compensation insurance coverage as soon as possible. • A financial statement has been prepared and submitted. This statement covers the period from October 1994 through September 1995 and indicates that food sales accounted for 62% of the total sales, while liquor sales accounted for 38% of the total sales. From November 1994 through October 1995, there were 32 Public Safety contacts with the Ground Round. This compares with 43 contacts for the previous year. A breakdown of these contacts is attached to this letter. There were no environmental health complaints received during this time period. On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment and provided to the City Council. Recommended Motion: Approve the renewal of the 1996 on-sale and Sunday liquor licenses for The Ground Round of Minn. Inc. with the following stipulation: That the requirements are met in Resolution No. 7380. 2. That proof of their workers' compensation insurance information is submitted as soon as possible. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale and Sunday liquor licenses with the exception of the submittal of their workers' compensation. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon finding that the licensee has failed to comply with an applicable statute, rule or or relating to alcoholic beverages. The Council must also note that no revocation o suspension takes effect until the licensee has been afforded an opportunity for a under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. a dinance r hearing Discussion/Decision Mode: The public hearing to consider the requests for the renewal of The Ground Round of Minn., Inc., on-sale and Sunday liquor licenses has been scheduled for December 11, 1995. These licenses expire January 1, 1996; therefore, if the Council decides to continue the hearing beyond December 11, any subsequent hearing should be held before the licenses expire. Respe y submitted, James Prosser City Manager JDP:ds rCQ -a PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 GROUND ROUND RESTAURANT 1994 1995 Total Contacts 43 32 Criminal Contacts 36 23 "Bar Type" (Included in Crim. Contacts) (17) (6) Alarm (3) (1) Misc. Non-Criminal 7 9 Assists (1) (5) Traffic/Parking (4) (3) Inspections/Licensing (0) (0) Medical/Fire (2) (1) The criminal contacts for 1995 were one drunkenness, four domestics, one DWI, five thefts, three suspicious vehicles, one vandalism, one robbery alarm, one follow-up, one bike theft, one vehicle theft, one robbery, one congame/swind le, and two no pay. Richfield Police also conducted routine walk-throughs during the year. (Numbers in parenthesis are included in total contact figures) 0 a-'?) 0 THE GROUND ROUND INC. Partners/Officers and Titles: William Schoener - President Robin Moroz - Vice-President, Secretary Michael Jorgensen - Treasurer L? l? CITY OF RICHFIELD, MINNESOTA Council Letter No. 334 Agenda December 11, 1995 Issue Statement: Renewal of 1996 on-sale and Sunday liquor licenses for Chi-Chi's, Inc., d/b/a Chi Chi's Mexican Restaurante, 7717 Nicollet Avenue. Background: On October 24, 1995, the City received the renewal applications and other required documents for the on-sale and Sunday liquor licenses for Chi Chi's Mexican Restaurante. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization has changed from last year. A copy of the list of officers and directors of the corporation is attached to this letter. Robert Phillips is now serving as the General Manager of the restaurant. None of these individuals has any known liquor related criminal records. While changes have occurred over the past year with this company's corporate structure, they have been slow to notify Public Safety of these changes. • All general sales, real estate and withholding taxes have been paid and are current. • The lease agreement between the applicant and the property owner, Maro-Max Company, continues to be in effect with all lease payments being current. • The $10,000 bond issued by National Union Fire Insurance Company of Pittsburgh has been submitted. • The required proof of liquor liability insurance coverage has been received showing National Union Fire Insurance as affording the required coverage. Proof of workers' compensation insurance coverage was also supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from November 1994 through September 1995 and indicates that food sales accounted for 60% of the total sales, while liquor sales accounted for 40% of the total sales. From November 1994 through October 1995, there were 66 Public Safety contacts with Chi Chi's. This compares with 59 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental Health staff received one complaint in 1995 regarding Chi-Chi's. The complaint involved food poisoning. The Bloomington Health Department was notified and no further complaints have been received by staff. On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment and provided to the City Council. Recommended Motion: Approve the renewal of the 1996 on-sale and Sunday liquor licenses for Chi Chi's Mexican Restaurante with the following stipulations: 1. That the requirements are met in Resolution No. 7380. 2. Provide Public Safety with any changes in their corporate structure on a more timely basis in the future. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale and Sunday liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Chi Chi's Mexican Restaurante on-sale and Sunday liquor licenses has been scheduled for December 11, 1995. These licenses expire January 1, 1996; therefore, if the Council decides to continue the hearing beyond December 11, any subsequent hearing should be held before the licenses expire. Respe submitted, Jame rosser City Ma ger JDP:ds • //-a PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 CHI CHI'S MEXICAN RESTAURANTE 1994 1995 Total Contacts 59 66 Total Criminal Contacts 35 50 "Bar Type" (Included in Crim. Contacts) (11) (22) Alarm (2) (4) Misc. Non-Criminal 24 16 Assists (11) (7) Traffic/Parking (9) (3) Inspections/Licensing (0) (0) Medical/Fire (4) (6) The criminal contacts for 1995 were nine thefts, two warrants, eight suspicious persons, one suspicious vehicle, one threat, six drunkenness, twelve disturbances, one forgery, one DWI, one detox, one assault, two assist other agencies, one follow-up, and four burglary alarms. Richfield Police also conducted routine walk-throughs during the year. (Numbers in parenthesis are included in total contact figures) 0 • 11-3 CHI CHI'S MEXICAN RESTAURANTE Partners/Officer and Titles: John McGregor Robert Trebing Todd Doyle Judy Moss Robert Gonda Lawrence Ramaekers President Vice President Secretary Assistant Secretary Treasurer Chief Executive Officer CITY OF RICHFIELD, MINNESOTA Council Letter No. 333 Agenda December 11, 1995 Issue Statement: Renewal of 1996 club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue. Background: On October 24, 1995, the City received the renewal applications and other required documents for the club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Andrew Constans and James Munson were elected as new post officers in 1995. George Karnas continues to serve as the other post officer. Patrick Anzevino continues to serve as club manager. None of these individuals has any known criminal record. • All general real estate taxes, state sales and withholding taxes have been paid and are current. 0 • The property and building continue to be owned by the American Legion. • The $10,000 bond will be submitted as soon as possible. • The required proof of liquor liability insurance coverage has been received showing Great American Insurance Company as affording the required coverage. Proof of workers' compensation insurance coverage has been submitted. • An accountant's statement has been prepared and submitted by George Hinrichs. This statement covers the period from November 1994 through October 1995 and indicates that food sales accounted for 52% of the total sales: liquor sales accounted for 48% of the total sales. From November 1994 through October 1995, there were 29 Public Safety contacts with the American Legion. This compares with 54 contacts for the previous year. A breakdown of these contacts is attached to this letter. There were no environmental health complaints received during this time period. Club on-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment and provided to the City Council. 1C) -1 Recommended Motion: Approve the renewal of the 1996 club on-sale and Sunday liquor licenses for Minneapolis- Richfield American Legion Post 435 with the following stipulations: 1. That the requirements are met in Resolution No. 7380. 2. That their $10,000 bond is received as soon as possible. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to club on-sale and Sunday liquor licensing with the exception of the submittal of their $10,000 bond. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Minneapolis-Richfield American Legion Post 435 club on-sale and Sunday liquor licenses has been scheduled for December 11, 1995. These licenses expire January 1, 1996. Therefore, if the Council decides to continue the hearing beyond December 11, any subsequent hearing should be held before the licenses expire. Respectf submitted, James rosser City Ma er JDP:ds /D`D_ • PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 MPLS. -RICHFIELD AMERICAN LEGION POST 435 1994 1995 Total Contacts 54 29 Criminal Contacts 40 25 "Bar Type (Included in Crim. Contacts) (15) (8) Alarm (10) (4) Misc. Non-Criminal 14 4 Assists (3) (0) Traffic/Parking (4) (3) Inspections/Licensing (0) (0) Medical/Fire (7) (1) The criminal contacts for 1995 were three thefts, one vandalism, four burglary alarms, three drunkenness, one forgery, one DWI, one assault, three suspicious vehicle, three domestics, one no pay, one miscellaneous ordinance violation, two warrants and one vehicle theft. (Numbers in parenthesis are included in total contact figures) /o-3 MPLS-RICHFIELD AMERICAN LEGION POST 435 OFFICERS AND DIRECTORS Andrew Constans - President James Munson - Secretary George Karnas - Treasurer 0 9 CITY OF RICHFIELD, MINNESOTA • Council Letter No. 332 Agenda December 11, 1995 Issue Statement: Renewal of 1996 club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, 710 Lake Shore Drive. Background: On November 1, 1995, the City received the renewal applications and other required documents for the club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Thomas Goalen, William Norcross and Richard Christie were elected as new post officers in 1995. Robert Goelz continues to serve as the other post officer. A copy of the list of officers is attached to this letter. Roy J. Hitchcock continues to serve as club manager. None of these individuals has any known criminal record. • All general sales, real estate and withholding taxes have been paid and are current. • • The property and building continue to be owned by Fred Babcock V.F.W. Post No. 5555. • The $10,000 bond will be submitted as soon as possible. • The required proof of liquor liability insurance coverage has been received showing Commercial Union Insurance as affording the required coverage. Proof of workers' compensation insurance coverage has been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1994 through September 1995 and indicates that food sales accounted for 56% of the total sales, while liquor sales accounted for 44% of the total sales. From November 1994 through October 1995, there were 18 Public Safety contacts with Fred Babcock V.F.W. Post No. 5555. This compares with 25 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental Health staff received one complaint in 1995 regarding the VFW. The complaint concerned smoke from smokers. They felt the ventilation and exhaust system was bad. This was referred to Bloomington sanitarians and no further complaints have been received by staff. Club on-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment and provided to the City Council. q-1 Recommended Motion: Approve the renewal of the 1996 club on-sale and Sunday liquor license for Fred Babcock V.F.W. Post No. 5555 with the following stipulations: That the requirements are met in Resolution No. 7380. 2. That their $10,000 bond is received as soon as possible. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to club on-sale and Sunday liquor licensing with the exception of the submittal of their $10,000 bond. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed relating to alcoholic beverages and, therefore, be revoked or suspended. • any violation it is recommended that the licenses not Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Fred Babcock V.F.W. Post No. 5555 club on-sale and Sunday liquor licenses has been scheduled for December 11, 1995. These licenses expire January 1, 1996; therefore, if the Council decides to continue the hearing beyond December 11, any subsequent hearing should be held before the licenses expire. Respectful submitted, James osser City Mana er JDP:ds q- ?L PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 FRED BABCOCK V.F.W. POST #5555 Total Contacts 1994 1995 25 18 Total Criminal Contacts 14 12 "Bar Type" (4) (6) Misc. Non-Criminal 11 6 Assists (0) (1) Traffic/Parking (4) (1) Inspections/Licensing (0) (0) Medical/Fire (7) (4) The criminal contacts for 1995 were two DWI, two theft, one suspicious vehicle, one detox, one noise complaint, one health suicide threat, one drunkenness , one suspicious person, one forgery and one vandalism. • (Numbers in parenthesis are included in total contact figures) q-3 • Fred Babcock VFW Post #5555 Officers/Titles: Robert Goelz Commander Thomas Goalen Sr. Vice-Commander William Norcross Jr. Vice-Commander Richard Christie Quartermaster 0 E CITY OF RICHFIELD, MINNESOTA • Council Letter No. 331 Agenda December 11, 1995 Issue Statement: Renewal of 1996 on-sale and Sunday liquor licenses for Americana Dining Corporation d/b/a Champps Sports Cafe, 790 West 66th Street. Background: On October 24, 1995, the City received the renewal applications and other required documents for the on-sale and Sunday liquor licenses for Champps Sports Cafe. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization has changed from last year. A copy of the list of officers and directors of the corporation is attached to this letter. Robert Tinsley continues to serve as the general manager of the restaurant. • All general sales, real estate and withholding taxes have been paid and are current. • The lease between the applicant and the property owner, Market Plaza Commercial Ltd., is in effect with all payments current. • The $10,000 bond issued by National Fire Insurance Company of Hartford has been submitted. • The required proof of liquor liability insurance coverage has been received showing New Hampshire Insurance Company as affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1994 through September of 1995 and indicates that food sales accounted for 66% of the total sales, while liquor sales accounted for 34% of the total sales. From November 1994 through October 1995, there were 35 Public Safety contacts with Champps. This compares with 42 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental Health staff received one complaint in 1995 regarding Champps. The complaint involved food poisoning. The Bloomington Health Department was notified and no further complaints have been received by staff. is On-sale and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment and provided to the City Council. S-1 Recommended Motion: • Approve the renewal of the 1996 on-sale and Sunday liquor licenses for Champps Sports Cafe with the following stipulations: That the requirements are met in Resolution No. 7380. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale and Sunday liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 1, 1996, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and, therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Champps Sports Cafe on- sale and Sunday liquor licenses has been scheduled for December 11, 1995. These licenses expire January 1, 1996. Therefore, if the Council decides to continue the hearing beyond December 11, any subsequent hearing should be held before the licenses expire. Respectfully submitted, s James . Prosser City Manager 40 JDP:ds 9-a C] PUBLIC SAFETY CONTACTS NOVEMBER 1994 THROUGH OCTOBER 1995 CHAMPPS SPORTS CAFE TOTAL CONTACTS 1994 1995 42 35 Total Criminal Contacts 29 23 "Bar Type" (Included in Crim. Contacts) (18) (7) Alarms (2) (1) Total Misc. Non-Criminal 13 12 Assists (3) (2) Traffic/Parking (4) (5) Inspections/Licensing (0) (0) Medical/Fire (6) (5) The criminal contacts for 1995 were two noise complaints, one assault, two drunkenness, one burglary alarm, one disturbance, two theft, one DWI, two follow ups, 40 two no pays, three suspicious vehicles, one forgery, one suspicious person, one weapons violation, one order for protection, one vehicle theft and one harassing calls. Richfield Police also conducted routine walk-throughs during the year. (Numbers in parenthesis are included in total contact figures) 0 S-3 C.' Champps Sports Cafe - Officers William Baumhauer President Steven Wagenheim Chief Operating Officer Charles Redepenning Secretary Michael Woodhouse Treasurer Edmund Fadel Director of Operations • 0 [?l CITY OF RICHFIELD RESOLUTION NO. 7380 RESOLUTION SPECIFYING CERTAIN IMPROPER CONDUCT OF ON-SALE INTOXICATING LIQUOR LICENSEES AND STATING RECOMMENDED DISCIPLINE THEREFOR BE IT RESOLVED by the City Council of the'City of Richfield as follows: I. BAC MOUNn STATFMF'NT The City of Richfield annually issues a number of licenses permitting the on-sale sale of intoxicating liquor within the City. The conduct of the licensed activity is governed by the provisions of Section 1200 of the City Code. Although, the provisions of that Section describe in a general way what is expected of licensees in the proper conduct of the licensed activity, the City Council is concerned that licensees should have a more specific understanding of the types of conduct, generally described in the Code, which may subject their licenses to discipline; and further that they have a clear understanding of the scope and nature of the discipline which may be imposed for certain specific conduct. The levels of discipline described in this resolution will be imposed only in accordance with the applicable provisions of law. The list of activities and conduct contained in this resolution is not intended to be exhaustive, but rather concentrates on the types of conduct most frequently observed at licensed establishments. Other activity or conduct which is detrimental to the public safety, health, morals and 8-5 welfare and which constitutes a violation of the provisions of Section 1200 of the City Code may also subject liquor licenses to discipline. The actions which the City may take in accordance with this resolution are not intended to preclude such further actions such as actions in law or in equity or criminal prosecution available to the City for the conduct described in this resolution. II. SPRCTFTC PROHTRTTE CONDUCT ANn PROPOSED SANC`TTn rc A. Nni ?P and OthPr ni stiirhi ng C'onrJucrt Wi i-hi n nr Near the Licensees are responsible for the conduct of their patrons while within the licensed establishment; and of individuals within the immediate vicinity of the establishment who are either coming to or leaving the establishment. The City is unwilling to permit the continued operation of a licensed liquor establishment in circumstances where it is evident that the licensed activity is having a detrimental impact upon the health, welfare, safety and morals of the community and patrons of the establishment. The following discipline may be imposed upon on-sale intoxicating liquor licenses for verified reports of criminal misconduct occurring on or near the licensed premises and attributable to patrons of the establishment (including persons entering or leaving): a) For five (5) such incidents occurring within less than a 31-day period (beginning with the date of the first of such five incidents) - suspension of the license for • • 8-? 0 up to 10 days and a civil fine of $2,000 for each incident. b) For ten (10) such incidents occurring within less than a 61-day period (beginning with the date of the first of such incidents) - suspension of the license for up to 30 days and a civil fine of $2,000 for each incident. c) For fifteen (15) such incidents occurring within any 91- day period (beginning with the date of the first of such incidents) - suspension of the license for up to 60 days and a civil fine of $2,000 for each incident. The discipline outline above is intended to be cumulative in • nature, and incidents which give rise to discipline (or the right to discipline) during a shorter period may be counted in determining whether discipline is appropriate during a longer period. The term "verified reports of criminal misconduct" means a report made to the director of public safety by the licensee or a complaint made by others concerning an incident constituting a crime under the City Code or the laws of the State of Minnesota, which, in the opinion of the director, is directly attributable to the licensed activity. Verified reports of criminal misconduct do not of necessity mean requests for service, and licensees shall not be required to 0 make requests for service in situations where the licensee is capable of resolving the incident without police assistance. However, it is necessary for the City to have an accurate measure of the level of criminal misconduct. The department of public safety shall establish standards and criteria for the making of such reports by the licensee. If the licensee fails to make the required reports of criminal misconduct in accordance with such standards and criteria, the following additional discipline may be imposed upon its on-sale intoxicating liquor license: a) For the first incident of failure to report criminal misconduct within any license year - suspension of license for up to five days and a civil fine of $2,000. b) For the second such incident in any license year - suspension of license for up to 10 days and a civil fine of $2,000. C) For the third such incident in any license year - suspension of license for up to 15 days and a civil fine of $2,000. B. t-,« w?_rn A.Connf;n RPrPragPG Licensees must assure that the service and consumption of alcoholic beverages will be confined only to those areas permitted by the license. Failure to do so may have an evident and adverse impact upon other activities lawfully occurring within the area and creates a substantial risk of criminal behavior such as violation of the • • • . g_e Open Bottle Law. The following discipline may be imposed upon on-sale intoxicating beverage licenses: a) The first incident during the license year - up to a 10- day suspension and $2,000 civil fine. b) The second incident during the license year - up to a 30-day suspension and $2,000 civil fine. C) The third incident during the license year - up to a 60- day suspension and $2,000 civil fine. d) The fourth incident during the license year - revocation of license. C. PArml ti-i as Or! nnnV to Exr-ta d the T i mi i'c PPrmi fi-cr? TTnr3Pr the M TTni form Fl rP r-gria 25 1 1 (n zc -rrrnwr4i n^) Licensees are absolutely bound to prevent situations in which the licensed premises become overcrowded. The City finds that the opportunity to serve alcoholic beverages contributes to an environmental wherein overcrowding, if not strictly controlled by the licensee, may occur. Each liquor license issued shall state the maximum occupancy limit for the licensed premises. The following discipline may be imposed upon on-sale intoxicating liquor licenses for incident of overcrowding verified by the City's public safety director: a) The first incident during the license year - up to a 10- day license suspension and $2,000 civil fine. b) The second incident during the license year - up to a B-9 30-day suspension and $2,000 civil fine. • c) The third incident during the license year - up to a 60- day suspension and $2,000 civil fine. d) The fourth or subsequent incident during the license year - revocation of the license. D. Fa .; 1 i tai-i ng c~ambi ; ncs Licensees must not permit or allow any condition to occur on the licensed premises which would facilitate gambling activity. Licensees may not permit any device on the licensed premises which could be used for gambling. Such devices include blackjack tables, video games of chance, roulette wheels and any other amusement or gambling device as defined in Minnesota Statutes, Chapters 349 and 609, and Richfield City Code Subsections 1100.13 and 1100.01 For any incident of facilitation of gambling the on-sale intoxicating liquor may be suspended for up to a period of days equal in number to the period of days that such incident continued. E. EffPnt_nf S1igI)Pnc3nn nr Remonati nn of Fnnd T i ronse On- sale intoxicating liquor licenses which are issued to establishments because they qualify as restaurants shall cease to be valid for any period of time during which the establishment's food license is under suspension or revocation as the result of actions taken by the city manager, enforcement officer, or both pursuant to Subsection 615.05, subdivision 6 of the City Code. 0 3 /D The on-sale sale of intoxicating liquor during such period shall constitute an unlicensed sale. The City Council retains the right to modify the provisions of this resolution from time and to impose penalties in excess of those contained herein when, in the judgment of the council it is appropriate to do so. Passed by the City Council of the City of Richfield this 14th day.of December 1987. i i ATTEST: • Thomas Ferber, City Clerk John N. Hamilton, Mayor CITY OF RICHFIELD, MINNESOTA Council Letter No. 330 Agenda December 11, 1995 Issue Statement: Public hearing and second reading of an ordinance amendment that establishes deadlines for zoning cases that are in compliance with state law. Background: The 1995 Legislature passed a law that requires all governmental agencies to approve or deny a written request relating to zoning within 60 days of receiving a complete application. If an agency fails to meet the deadline, the application is automatically approved. An agency may extend the time period by an additional 60 days, if the applicant is notified in writing of the extension. The applicant has to approve an extension of more than 60 days. The City currently processes most applications within 60 days but the ordinance specifies other time limits which are inconsistent with the state law. The change in the deadline affects the following zoning procedures: site plan review, planned unit developments, variance appeals, conditional use permits, ordinance amendments, and variances. Staff will modify application packages and procedures to ensure that the 60-day timeline is met and to avoid automatic approval. Recommended Motion: Hold the public hearing and approve an amendment that establishes deadlines for zoning cases that are in compliance with state law. Basis of Recommendation: 1. Language in the zoning ordinance is inconsistent with state law. 2. The City currently meets most deadlines within 60 days. 3. The City Attorney has reviewed and approved the proposed ordinance amendment which is attached. 4. On October 24, 1995, the Planning Commission voted unanimously to recommend approval of the ordinance amendment. Alternative Recommendation: The City Council could deny this amendment, however, that would result in retaining ordinance language that is not in compliance with state law. Discussion/Decision Mode: A public hearing and second reading is scheduled at 7 p.m. on Monday, December 11, 1995. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of the hearing was published in the Sun-Current. Respectfully submitted, James D. sser City Manager JDP:ds • • / -c)- Bill No. 1995- Amendment to Appendix B of the City Code of the City of Richfield The City of Richfield Does Ordain: Section 1 Section 526 of Appendix B to the Richfield City Code entitled "Zoning: Commercial Districts" is hereby amended by amending Section 526.43, Subd. 5 to read as follows: Subd. 5. Public hearing. Upon receipt of a completed application, a date shall be set for a public hearing before the Planning Commission. The hearing will be held no less than 10 days after mailed notice is sent to the owners of properties located wholly or partially within 350 feet of the site. Within 45 days after the elose of the publie hearitig, the-- The Planning Commission shall submit its recommendations to the Council. Following appropriate review, the Council shall make a decision regarding the application. Section 2• Section 536 of Appendix B to the Richfield City Code entitled "Zoning: Planned Unit • Developments" is hereby amended by amending Section 536.17, Subd. 2 to read as follows: Subd. 2. Planning Commission review. The Planning Commission shall conduct a public hearing on the PUD application and serve mailed notice of such hearing to the applicant and all property owners situated wholly or partially within 350 feet of the proposed PUD district. Within 4-5 days after- the elase of the pOlie The Planning Commission shall submit its recommendation to the Council. The Planning Commission may recommend approval with or without modifications, or may recommend denial of the PUD application. Section 3 Section 546 of Appendix B to the Richfield City Code entitled "Zoning: Administration" is hereby amended by amending Section 546.03, Subd. 7 to read as follows: Subd. 7. Procedures. The Director shall prepare reports and other necessary information for the Board. The Board shall, days, within 45 make a decision regarding any matter before it by adopting findings within 60 days of submission of a written appeal, unless written notice of an extension is provided to the applicant. The notification must state the reasons for the extension and its anticipated length. which may not exceed 60 days unless approved by the applicant. If the Board fails to make a timely decision, the appeal shall be deemed to have been approved. A copy of the Board's decision shall be served by mail upon the person requesting the adjustment or appeal. '7-3 Section 4: Section 546 of Appendix B to the Richfield City Code entitled "Zoning: Administration" is hereby amended by amending Section 546.05, Subd. 5 to read as follows: Subd. 5. Public hearing. After receipt of the recommendation of the Planning Commission, a date shall be set for a public hearing. Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper and sent by mail to all the owners of properties located wholly or partially within 350 feet. The Council shall make the final determination on the application, and in doing so shall make findings regarding its review. The Council may impose conditions and require guarantees on the granting of the permit in order to ensure compliance with the conditions designated in connection therewith. The Council shall make a decision within 42-0 60 days of submission of a completed application objeeted to by the applie unless written notice of an extension is provided to the gpl2licant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant. If the Council fails to make a timely decision, the conditional use permit shall be deemed to have been approved. Section 5• Section 546 of Appendix B to the Richfield City Code entitled "Zoning: Administration" is hereby amended by amending Section 546.07, Subd. 4 to read as follows: Subd. 4. City! Council consideration. After receipt of the recommendation of the Planning Commission, the Council shall consider the matter at a first reading. The Council may offer whatever public notice of its first reading review that it deems necessary. If the application is approved for first reading, the Council shall set a date for a second reading and public hearing. Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper. Notice regarding an amendment which involves a change in the boundaries of a zoning district shall also be sent by mail to the applicant and all the owners of properties located wholly or partially within 350 feet. The Council shall act upon the amendment within-420 60 days of submission of a completed application or stteh lenger period not objeeted to by the applie-ant. unless written notice of an extension is provided to the applicant. The notification must state 'the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant. If the Council fails to make a timely decision, the amendment shall be deemed to have been-deaiecl_pyroved. The Council may adopt an amendment to this code only upon an affirmative vote of at least two-thirds of its full membership. Section 6: Section 546 of Appendix B to the Richfield City Code entitled "Zoning: Administration" is hereby amended by amending Section 546.09, Subd. 5 to read as follows: is Subd. 5. Decision. Not less than 30 60 days after the elese of the hearing or &-ty eentimanee whieh is not appealed by the applieam receipt of a completed application, -I/- ? the Hearing Examiner shall render a written decision regarding the application unless written notice of an extension is provided to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant If the Hearing Examiner fails to make a timely decision, the variance shall be deemed to have been approved. The decision shall be supported by findings specifically related to the applicable criteria contained in this code. The decision shall be mailed to all parties of record and filed with the City Clerk. The Hearing Examiner's decision shall be final, subject to appeal. if t#e Heafing Examiner fails to refider- a written deeision within stieh time peried, th appliemt may pr-esefit its applieatieft to the Board of Adjushneftfs and Appeals for The Hearing Examiner er-Betel may impose conditions in granting variances to effect the intent of this code and to protect adjacent properties. Passed by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 329 Agenda December 11, 1995 Issue Statement: Public hearing and request for consideration of an amended planned unit development/final development plan and conditional use permit with respect to Phase II of the CSM Redevelopment Project. Background: On May 8, 1995, the City Council approved a proposal by CSM to construct Phase II of the Shops at Lyndale. The approved plan for Phase II includes four anchor tenants, space for several "in-line" shops, and two restaurant buildings for a total building size of 114,199 square feet. CSM is requesting a modification of the parking ratio, building size, building configuration, and layout of Phase II. The modifications would enable CSM to accommodate Galyan's Trading Company, an interactive sporting goods company, as an anchor tenant. The amendment would include the following changes from the approved site plan: • _ Increase the total building area from 114,199 to 130,527 square feet. i • Reduce the number of anchor tenants from four to two. • Add a second story to the Galyan's space for a total size of 100,000 square feet. The height of the main portion of the building would be 42 feet and the height of the center atrium would be 56 feet. • Create a second anchor tenant space of 10,897 square feet for Land's End. • Reduce the size of the "in-line" shops from 12,648 to 7,946 square feet. • Add parking to the west end of the site to accommodate the increase in building size. Parking for Phase II would increase from 520 spaces to 569 spaces. The parking ratio for Phase II would decrease from 4.55 to 4.35 spaces per 1,000 square feet of building area. • Move the docking area to the east end of the building. Recommended Motion: Approve the request for an amended planned unit development, final development plan and conditional use permit with the following stipulation: 1. That revised stormwater drainage and utility plans be approved by the City Engineer. Basis of Recommendation: 1. The proposed amended final development plan is consistent with the ILN • Redevelopment Plan and Comprehensive Plan. 2. The parking ratio, 4.35 spaces per 1;000 square feet of floor area, exceeds the required ratio of 4.0 spaces per 1,000 square feet. 3. On November 28, 1995, the Planning Commission voted unanimously to recommend approval of the amended planned unit development, final development plan and conditional use permit. 4. The HRA approved the concept of the modification at their November 20th meeting. Alternative Recommendation: The Council may deny the request with a finding 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, December 11, 1995. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of hearing was published in the Sun-Current and mailed to property owners within 350 feet of the subject property. 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M IN N E S 0 T A i NIP- s bZ :LO :9l 6661 '1 ' AON u6p' b-ze\1@14 ueA1e6 1 1. o ? x 0 Q ? 14gi H l il 'n w a a a 7 R u d ?.: .p A ? a 41! 1 t g GA14YAIrS I at f tl RICHFIEL0,MINNESOTA ?J CITY OF RICHFIELD, MINNESOTA Council Letter No. 328 Agenda December 11, 1995 Issue Statement: Public hearing and second reading of an ordinance modifying department responsibility for administration of the City's Recreation Enterprise Fund. Background: Richfield's Ordinance Code Section 300 establishes the responsibilities of the City's departments and of the Department Directors. Currently, the overall administration of the divisions of the City's new Recreation Enterprise Fund which includes the golf course, ice arena, waterslide/pool, and special facilities (miniature golf) is specified in Section 300.09. That subsection defines the duties of the Community Services Director. The proposed ordinance change would move the overall administration of the fund to the Administrative Services Department. In the past two years, a special emphasis has been placed on a business planning process for City enterprise operations. As a part of the effort, the Administrative Services Director has work with the Recreation Enterprise Fund and St. Thomas University to develop business planning and to develop an enterprise type of • accounting system which could be better used as a tool to manage the various aspects of the fund. The enterprise operations will continue to receive advisory direction from the Community Services Advisory Commission. The Director of Administrative Services will attend and participate in Community Services Advisory Commission meetings as appropriate. The attached ordinance received first reading approval at the City Council meeting of November 13, 1995. Recommended Motion: Conduct the public hearing and approve second reading of the ordinance modifying department responsibility for the Recreation Enterprise Fund. Basis of Recommendation: 1. Organizing City enterprise operations under the supervision of a single department helps assure greater consistency in management. 2. Transferring these operations provides for a better balance in departmental workload. • 3. All appropriate notices for the public hearing and second reading have been published and posted. 5-f 0 Alternative Recommendation: 1. The Council could decide to request additional information regarding this change. 2. The Council could decide not to authorize any change in operational structure. Discussion/Decision Mode: Second reading is scheduled for December 11, 1995. This timeframe would provide time to prepare business and marketing plans for the 1996 season. Respectfully submitted, Jam D. Prosser City nager JDP:cak 40 • {+? operation and maintenance of the parks, streets and sewer and water utilities of the city; euFse; {4} Mengineering; and 0 Qi any additional duties as assigned by the city manager. Passed by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • • BILL NO. AN ORDINANCE AMENDING SECTIONS 300.07 AND 300.09 OF THE RICHFIELD CITY CODE; MODIFYING THE DUTIES OF DEPARTMENT DIRECTORS REGARDING THE ADMINISTRATION OF THE RECREATION ENTERPRISE FUND THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 300.07 of the Richfield City Code is amended to read as follows: 300.07. Administrative services department: duties of director. The director of administrative services is responsible to the manager for the organization, planning, administration and coordination of the administrative services of the city including: (a) those duties imposed by law and charter upon city clerks and treasurers; (b) acting as secretary to the council and maintaining all city records; (c) safekeeping and managing of city funds; (d) maintaining the financial records of the city; (e) performing the functions of city assessor; (f) providing central personnel services relating to city personnel, providing central data processing; (g) printing and supply services for the city; (h) handling the business affairs of the water and sewer utilities of the city; (i) providing risk management services for the city; managing the recreation enterprise fund, including but not limited to: Rich Acres Golf Course, ice arena, swimming pool and special facilities: (k) any additional duties assigned by the manager. Section 2. Subsection 300.09 of the Richfield City Code is amended to read as follows: 300.09. Community services department: duties of director. The director of community services is responsible to the manager for the organization, planning, administration and coordination of the community services of the city including: %-/ -'^..........1-7 P--•e {c} U community center; {d} Ub recreation activities; {e) U Wood Lake Nature Center; (4) ko forestry activities, maintenance of amenity areas; {9} .(eLmaintenance of government buildings; 10 N- operation of the central garage; y CITY OF RICHFIELD, MINNESOTA Council Letter No. 327 Agenda December 11, 1995 Issue Statement: Public hearing and second reading of an ordinance amending Section 1100. 13, Subd. 7, which will allow charitable gambling (pull tabs/pull tab machines) at places other than the American Legion and VFW and limiting pull tabs to licensed liquor establishments. Background: The current ordinance (Section 1100. 13, Subd. 7) limits charitable gambling (pull tabs) to only organizations which: • own or lease their establishment; and, • it is their principal place of business This ordinance essentially limits this activity in Richfield to the American Legion and V.F.W., since no other charitable organization can comply with the ordinance. The Council was recently approached at a Study Session by representatives from some of the youth sports organizations, as well as other charitable organizations, in an effort to allow this activity at other licensed liquor establishments. To do this requires an ordinance change. In a related issue, the Council asked if they could limit the licenses to local organizations. In an Attorney General's opinion, dated October 25, 1988, the City of Cloquet was contemplating the same action. However, the Attorney General's opinion was that Cloquet, by limiting lawful gambling to local organizations, was possibly in violation of the Equal Protection Clause of the State and/or Federal Constitution. The Statute (Chapter 349) offers no guidance to local units of government on what is a good reason for disapproval of a resolution. The Council may recall that they can, by resolution, disapprove or approve a license; however, all licenses are issued by the State. What the City can do is require that a licensed, lawful gambling organization spend all or a portion of its expenditures in the City's trade area. However, the Council must define what that trade area is, which must include the cities contiguous to the defining city (Chapter 349.213, Subd. 1, Paragraph b). In addition, these regulations must apply equally to all of the licensed organizations. In summary, the City can determine what kind of lawful gambling (if any) can take place; it can specify the hours; and it can determine where in the City it will be conducted. This activity is not limited to establishments who are licensed to sell 4, 1 intoxicating and non-intoxicating liquors. Therefore, the Council may, by ordinance, limit this activity to only establishments who sell for consumption on premises intoxicating and/or non-intoxicating liquor(s). Otherwise, permits could be issued to virtually any retail establishment. The concern here is the age restriction of the purchase of pull tabs, which is 18 years or older. This would be at best difficult to control in businesses other than those licensed to sell liquor. At the first reading of this ordinance amendment, (Nov. 13, 1995) the Council asked if these kinds of licenses (charitable gambling) could be limited within the City. Minnesota Statute 349.213, Subd. 1., Local Regulation, says essentially that cities have the authority to adopt more stringent regulations within its jurisdiction, including prohibiting it. The proposed ordinance amendment limits this activity to licensed liquor establishments. There are currently: • 6 Intoxicating On-Sale Liquor establishments • 12 Non-Intoxicating Malt Liquor establishments Therefore, there is a potential for 18 lawful gambling licenses with the proposed ordinance. 10 The Council may wish to consider revising the proposed ordinance to limit this activity to: V.F.W., American Legion and to non-intoxicating malt liquor license holders. While there are 12 of these licenses currently, it is unlikely that more than four would allow this activity in their businesses. This is primarily because the other eight are restaurants and this type of activity would not be conducive to their business. • A certain number, such as five or six. Again, there are currently two issued (the American Legion and V.F.W.). • Some other number. The American Legion, through George Karnas, has contacted staff regarding this proposed amendment, expressing concern and opposition. Staff has also contacted Leon Lunas who is involved with the V.F.W. gambling effort. Mr. Lunas and Mr. Karnas will be notified of the hearing scheduled for December 11, 1995. Recommended Motion: Conduct a public hearing and second reading of an ordinance amending Section 1100. 13, Subd. 7, "Off Premises Gambling", allowing charitable gambling in certain licensed liquor establishments in addition to the American Legion and VFW. 4- cl?- Basis of Recommendation: 1. Staff has reviewed this issue and is comfortable with the expansion of this activity. The Council has heard testimony from interested groups who feel this may assist them in supporting some youth sports activities. 2. The amending of Section 1100. 13, Subd. 7, will allow additional places in the community for this activity. In addition, the amendment will restrict this activity to licensed liquor establishments which will assist in controlling the activity and minimize persons under 18 from purchasing pull tabs. Alternative Recommendation: 1. Do nothing. Leave the ordinance as is which essentially leaves charitable gambling (pull tabs) at only two locations. 2. Repeal Section 1100. 13, Subd. 7, and do not adopt an ordinance which limits this activity to only licensed liquor establishments. This would then allow not-for-profit organizations to lease space in any business and sell pull tabs. This would make it difficult to control. Discussion/Decision Mode: Approve second reading of an ordinance amending Section 1100.13, Subd. 7, which allows pull tabs in licensed liquor establishments. Respectfully submitted, r '4 James Dl'rosser City Manager JDP:ds 10 _? hem 44Ll C ot?nOIL 2 jee, o ? ft BILL NO. AN ORDINANCE AMENDING SUBSECTION 1100.13 OF THE RICHFIELD CITY CODE; RELATING TO LAWFUL GAMBLING; REPEALING CERTAIN ELIGIBILITY REQUIREMENTS FOR APPROVAL OF A LAWFUL GAMBLING LICENSE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 1100. 13, subdivision 7 of the Richfield City Code is hereby amended to read as follows: Subd. 7. Off-premises gambling. The city will disapprove of any application wherein the applicant seeks to be permitted to conduct gambling on premises which are not: (a) owned or leased by the applicant; and/or (b) located within t4a a property businese, of the appliG for which an on-sale intoxicating or non-intoxicating- liquor license has been issued. • Upon receipt of notification of the pendency of any license application before the charitable gambling board requesting such off-premises gambling the clerk shall, in lieu of the provisions contained in subdivisions 4,- 5, 6 and 9 of this subsection, transmit a certified copy of subdivision 7 to the charitable gambling board together with a statement from the city clerk that subdivision 7 is in full force and effect and that the application is disapproved pursuant to that subdivision. Such action by the city clerk shall constitute the official action of the city. The provisions of this subdivision shall not apply to the sale of raffle tickets. Passed by the City Council of the City of Richfield, Minnesota this day of 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 BILL NO. 4-3 AN ORDINANCE AMENDING SUBSECTION 1100.13 OF THE RICHFIELD CITY CODE; RELATING TO LAWFUL GAMBLING; DCDCAI IN' MODIFYING CERTAIN ELIGIBILITY REQUIREMENTS FOR APPROVAL OF A LAWFUL GAMBLING LICENSE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1100.13, Subdivision 7 of the Richfield City code is hereby amended to read as follows: Subd. 7. Off FiFemises gamb"Rf Review of Application. The city will disapprove of any application wherein the applicant seeks to be permitted to conduct gambling ^" PF8R;i6e6 Whinh aFe "n+ if: (a) the premises to be licensed are not owned or leased by the applicant, and (b) the premises to be licensed are located within the a property whiff for which an on- sale intoxicating or non-intoxicating liquor license has been issued. U There are current locations in the City for which premises permits are either currently in effect or are pending before the City or before the State following approval by the Citv. Upon the receipt of notification of the pendency of any license application before the charitable gambling board requesting such off-premises gambling the clerk shall, in lieu of the provisions contained in subdivision 4, 5, 6 and 9 of this subsection, transmit a certified copy of subdivision 7 to the charitable gambling board together with a statement from the city clerk that subdivision 7 is in full force and effect and that the application is disapproved pursuant to that subdivision. Such action by the city clerk shall constitute the official action of the city. The provisions of this subdivision shall not apply to the sale of raffle tickets. Passes by the City Council of the City of Richfield, Minnesota this day of '199-. Martin J. Kirsch, Mayor ATTEST: 11 Thomas P. Ferber, City Clerk KENNEDY & GRAVEN CHARTERED Attorneys at Law BERT A. ALSOP ONALD H. BATTY STEPHEN J. BUBUL JOHN B. DEAN DANIEL J. GREENSWEIG DAVID J. KENNEDY CHARLES L. LEFEVERE JOHN M. LEFEVRE, JR. ROBERT J. LINDALL ROBERT C. LONG JAMES M. STROMMEN CORRINE HEINE THOMSON 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9300 Facsimile (612) 337-9310 WRITER'S DIRECT DIAL (612) 337-9217 BY FAX AND MAIL November 9, 1995 Jack Erskine City of Richfield 6700 Portland Avenue South Richfield, MN 55423 RE: Ordinance re lawful gambling licenses Dear Jack: JAMES J. THOMSON, JR. LARRY M. WERTHEIM BONNIE L. WILKINS JOE Y. YANG DAVID L. GRAVEN (1929-1991) OF COUNSEL BRUCE M.BATTERSON ROBERT C. CARLSON ROBERT L. DAVIDSON WELLINGTON H. LAW CURTIS A. PEARSON T. JAY SALMEN Enclosed is the ordinance that we discussed this morning. If adopted, the ordinance would establishments is to better assure compliance with the restriction against selling pull-tabs to persons under age 18. For the same reason, the restriction is limited to on-sale establishments only (although as the owner of the off-sale municipal liquor stores, the City could independently prevent lawful gambling on its property). (1) it would remove the restriction that previously limited lawful gambling to liquor the principal place of business of the applicant; and (2) it would add a requirement that lawful gambling only be modify As we Sdiscussed,ubsection 1one100.13, reason for subdivision 7 restricting of the lawful Richfield gambling to City Code licensed in two respects: allowed on properties that are also licensed for on-sale liquor sales. If you have questions, please contact me. Sincerely, Corrine H. Thomson Enclosure cc: Jim Prosser CAH96SSO RC160-3 • BEER ON SALE LICENSES Airport Bowl 7711 14th Ave. S. Richfield, Mn. 55423 Vina Restaurant 6401 Nicollet Ave. S. Richfield, Mn. 55423 Frenchmans 1400 East 66th Street Richfield, Mn. 55423 Godfathers 2 W. 66th Street Richfield, Mn. 55423 Kinhdo Restaurant 6345 Penn Ave. S. Richfield, Mn. 55423 Lariat Lanes 6320 Penn Ave. S. Richfield, Mn. 55423 Sandys Tavern 6612 Penn Ave. S. Richfield, Mn. 55423 Silver Spoon Restaurant 6700 Penn Ave. S. Richfield, Mn. 55423 Davanni's 2312 West 66th Street Richfield, Mn. 55423 Millers' Fireside Pizza 6736 Penn Ave. S. Richfield, Mn. 55423 4-? Red Pepper 2902 W. 66th Street Richfield, Mn. 55423 Hampton Inn 7745 Lyndale Ave. S. Richfield, Mn. 55423 WINE Millers' Fireside Pizza 6736 Penn Ave. S. Richfield, Mn. 55423 Silver Spoon 6700 Penn Ave. S. Richfield, Mn. 55423 Red Pepper 2902 W. 66th St. Richfield, Mn. 55423 Frenchmans 1400 E. 66th St. Richfield, Mn. 55423 ON-SALE LIQUOR Champps 790 W. 66th Street Richfield, Mn. 55423 Chi Chi's 7717 Nicollet Ave. S. Richfield, Mn. 55423 Khans Mongolian Barbeque 500 E. 78th Street 10 Richfield, Mn. 55423 q .? • • Ground Round 1500 E. 78th Street Richfield, Mn. 55423 VFW 710 Lake Shore Drive Richfield, Mn. 55423 Richfield American legion 6501 Portland Ave. S. Richfield, Mn. 55423 ,g E-; n-f q D o 0 -P^''LO ? 41 q_8 1109 BINGO, GAMBLING DEVICES, AND VIDEO GAMES 01, CIIANCE 349.213 (c) A person, firm, or organization is guilty of a crime who alters, modifies, or counterfeits pull-tabs, tipboards, or tipboard tickets, or possesses altered, modified, or counterfeit pull-tabs, tipboards, or tipboard tickets. A violation of this paragraph is a gross misdemeanor if the total face value for all such pull-tabs, tipboards, or tipboard tickets does not exceed $200. A violation of this paragraph is a felony if the total face value exceeds $200. For purposes 01'1111S paragraph, the face value of all pull-tabs, tip- boards, and tipboard tickets altered, modified, or counterfeited within a six-month period may be aggregated and the defendant charged accordingly. Subd. 3. False information. (a) A person is guilty of a felony if the person is required by section 349.212 1, subdivision 2, to keep records or to make returns and falsifies or fails to keep the records or falsifies or fails to make the returns. (b) A person is guilty of a felony who: (1) knowingly submits materially false information in any license application or other document or communication submitted to the board; or (2) knowingly submits materially false information in any report, document, or other communication submitted to the commissioner of revenue in connection with lawful gambling or with any provision of this chapter. Subd. 4. Transporting unstamped deals. A person is guilty of a gross misdemeanor who transports into, or receives, carries, or moves from place to place in this state, any deals of pull-tabs or tipboards not stamped in accordance with this chapter except in the course of interstate commerce. A person is guilty ofa felony who violates this subdi- vision with respect to more than ten pull-tab or tipboard deals, or a combination of more than ten deals of pull-tabs and tipboards. Subd. 5. Providing information. (a) An employee of an organization may not pro- vide any information to it player that would provide an unfair advantage to the player related to the potential winnings of any lawful gambling activity. (h) An employee may not provide, and a person may not receive, with expectation of pecuniary gain to either, any information that would provide an unfair advantage to the recipient of the information related to the potential winnings of any lawful gam- bling activity. A person who violates this paragraph is guilty of a gross misdemeanor. A person who violates this paragraph within five years after a previous conviction under this paragraph is guilty of a felony. (c) For purposes of this subdivision, "employee" includes a volunteer. Subd. 6. Unlawful expenditures. (a) A person who knowingly or with reason to know makes an unlawful expenditure of gross profits from lawful gambling is guilty of a crime and may be sentenced as provided in this subdivision. (b) If the unlawful expenditure is of $200 or less, the penalty in section 349.72, subdivision 1, applies. (c) If the unlawful expenditure is of more than $200 but not more than $2,500, the person is guilty of a gross misdemeanor. (d) If the unlawful expenditure is of more than $2,500, the person is guilty of a fel- ony. (e) For purposes of this subdivision, expenditures made within a six-month period may be aggregated and tite defendant charged accordingly. Subd. 7. Checks for gambling purchases. An organization may not accept checks in payment for the purchase of any gambling equipment or for the chance to participate in any form of lawful gambling. This subdivision does not apply to gaming activities conducted pursuant to the Indian Gaming Regulatory .Act, United States Code, title 25, section 2701 et seq. history: 1988 c 719 art 9 s 15; 1989 c 334 art 2 s 43; 1Sp1989 c I art 13 s 16,17,- 1990 c 590 art 2 s 4-10; 1991 c• 256 s 10 349.213 LOCAL AUTHORITY. Subdivision 1. Local regulation. (a) A statutory or home rule city or county has the q_9 1110 349.213 BINGO, GAMBLING DEVICES, AND VIDEO GANIF.S OF CHANCE authority to adopt more stringent regulation of lawful gambling within its jurisdiction, including the prohibition of lawful gambling, and may require a permit for the conduct of gambling exempt from licensing under section 349.166. The fee for a permit issued under this subdivision may not exceed $ 100. Tile authority granted by this subdivision does not include the authority to require a license or permit to conduct gambling by organizations or sales by distributors licensed by the board. The authority granted by this subdivision does not include the authority to require an organization to make spe- cific expenditures of more than ten percent from its net profits derived from lawful gam- bling. For the purposes of this subdivision, net profits are profits less amounts expended for allowable expenses. A statutory or home rule charter city or a county may not require an organization conducting lawful gambling within its jurisdiction to make an expenditure to the city Or county as a condition to operate within that city or county, except as authorized under section 349.16, subdivision 4, or 349.212; provided, how- ever, that an ordinance requirement that such organizations must contribute ten per- cent of their net profits derived from lawful gambling to a fund administered and regulated by the responsible local unit of government without cost to such fund, for dis- bursement by the responsible local unit of government of the receipts for lawful pur- poses, is not considered an expenditure to the city or county nor a tax under section 349.212, and is valid and lawful. (b) A statutory or home rule city or county may by ordinance require that a licensed organization conducting lawful gambling within its jurisdiction expend all or a portion of its expenditures for lawful purposes on lawful purposes conducted or located within the city's or county's trade area. Such an ordinance must define the city's or county's trade area and must specify the percentage of lawful purpose expenditures which must be expended within the trade area. A trade area defined by a city under this subdivision must include each city contiguous to the defining city. adopted b (c) A more stringent regulation or prohibition of lawful gambling adoI by a political subdivision under this subdivision must apply equally to all forms of lawful gambling within the jurisdiction of the political subdivision, except a political subdivi- sion may prohibit the use of paddlewheels. Subd. 2. IA)cal approial. liefore issuing or renewing a premises permit or bingo hall license, the board must notify the city council of the statutory or home rule city in which the organization's premises or the bingo hall is located or, if the premises or hall is located outside a city, the county board of the county and the town board of the town where the premises or hall is located. 'rile board may require organizations or bingo halls to notify the appropriate local government at the time of application. This required notification is sufficient to constitute the notice required by this subdivision. The board may not issue or renew a premises permit or bingo hall license unless the organization submits a resolution from the city council or county board approving the premises permit or bingo hall license. The resolution must have been adopted within 60 days of the date of application for the new or renewed permit or license. History: 1984 c 502 art 12 s 18; 1986 c 467 s 25; 1947 c 327 s 21; 1988 c 705 s 1; 1949 c 209 art 1 s 35; 1989 c 334 art 2 s 44,45: 1989 c 335 art I s 220; 1990 c 590 art I s 37; 1991 c 199 art 2 s 1; 1991 c 336 art 2 s 34 349.214 [Repealed, 1990 c 590 art I s 551 349.215 EXAMINM IONS. Subdivision 1. Examination of taxpayer. To determine the accuracy of a return or report, or in fixing liability under this chapter, the commissioner of revenue may make reasonable examinations or investigations of a taxpayer's place of business, tangible personal property, equipment, computer systems and facilities, pertinent books, records, papers, vouchers, computer printouts, accounts, and documents. Subd. 2. Access to records of other persons in connection «ith examination of tax- payer. When conducting an investigation or an audit of a taxpayer, the commissioner of revenue may examine, except where privileged by law, the relevant records and files 3j CITY OF RICHFIELD, MINNESOTA Council Letter No. 326 Agenda December 11, 1995 Issue Statement: Purchase of range balls for the Rich Acres driving range. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The Rich Acres range customers hit over three million balls each year. The sandy soil is tough on the covers of the balls and with the constant use, the washing process, and mechanical retrieval, new range balls need to be cycled regularly to provide a quality product for customers. Quotations were received for purchase of 1,800 dozen range balls: Spalding Wilson Top Flite Super Range Ultra Range Balls -$5.00/doz. -$4.90/dz. -Free delivery -Free Delivery -5% Discount if paid in 15 days -Net: $4.90/dz. -Net: $4.75/doz. The cost of the Spalding range ball is competitive with other brands. The Spalding Top Flite Super range ball is the highest quality range ball available in the market today. Spalding quality and service is the best in the business. The two most important aspects of a successful driving range are quality of turf and quality of range balls. The Rich Acres patrons have appreciated the availability of the Rich Acres Spalding range balls. Two years ago comparable range balls cost $6.50 per dozen. Because prices are currently so favorable, now is the appropriate time to lock in these prices. Recommended Motion: Approve the 1996 purchase of Rich Acres Golf Course range balls from Spalding in the amount of $8,550 plus $605.75 tax for a total of $8,605.75. Basis of Recommendation: 1. Cost of Spalding range balls is competitive. 2. Quality and service of Spalding is superior. is 3. Terms are good (free shipping and discounting), especially with the opportunity to purchase at a price lower than seen in the last years. 0 4. There are sufficient funds in the golf course enterprise fund to cover this purchase. Alternative Recommendation: 1. The Council could choose not to purchase range balls for the 1996 season. However the Rich Acres driving range is extremely profitable at this time partly due to the quality of its range balls and failure to maintain this quality would affect customer satisfaction and usage. 2. The Council could select another supplier, though the range balls would more costly. 3. The Council could direct staff to look for alternatives, although staff feels this is the best choice. Discussion/Decision Mode: This item is scheduled for the December 11, 1995 regular City Council meeting. Staff is asking for approval at this time so that a timely purchase can be made. Respectf ly submitted, Jams . Prosser City anager JDP:ds is 31 CITY OF RICHFIELD, MINNESOTA Council Letter No. 325 Agenda December 11, 1995 Issue Statement: Purchase in excess of $5,000 for hydrofluosilicic acid (fluoride). Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The City purchases fluoride every year as an additive to water treatment to prevent tooth decay. It is regulated and required by the State of Minnesota Health Department. In 1995, the City purchased fluoride from Feed-Rite Controls, Inc. at a purchase price of $1.26 per gallon, approximately $7,560 for the year. Two vendors were contacted and proposals were received for approximately 6,000 gallons of fluoride from: Feed-Rite Controls, Inc. $1.26/gallon $7,560/year DPC Industries, Inc. $1.35/gallon $8,100/year Recommended Motion: Approve a 1996 master purchase order to Feed-Rite Controls, Inc. for the purchase of approximately 6,000 gallons of hydrofluosilicic acid for an estimated yearly total of $7,560. Basis of Recommendation: 1. Hydrofluosilicic acid is a required chemical additive in water treatment. 2. Feed-Rite Controls, Inc. submitted the lowest quotation. 3. The 1996 Proposed budget includes sufficient funds for the chemical purchase. The price has remained the same for the past five years. Alternative Recommendation: 1. Council may choose not to accept any of the quotations and require new quotes be obtained. However, staff does not believe better prices can be obtained. Discussion/Decision Mode: Staff requests approval at the December 11, 1995 Council meeting. Respec I bmitted, James . rosser City Ma ger JDP:ds • 3N • CITY OF RICHFIELD, MINNESOTA Council Letter No. 324 Agenda December 11, 1995 Issue Statement: Purchase in excess of $5,000 for carbon dioxide (C02) essential in water treatment. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The City purchases carbon dioxide every year for the Water Treatment Plant. Carbon dioxide is added to water to lower Ph levels and remove lime. Approximately 200 tons are needed for one year of treatment. Once again the Water Division staff joined the cities of Minneapolis, St. Paul, and Bloomington in a mutual request for quotations for the purchase of carbon dioxide. Five vendors returned proposals as follows: KOCH Carbon Dioxide Company $ 52.00/ton $10,400/yearly Liquid Carbonic Industries Corp. 60.75/ton 12,150/yearly BOC Gases 94.00/ton 18,800/yearly Air Liquide America Corp. 142.50/ton 28,500/yearly The low bid from KOCH Carbon Dioxide Company, is a increase of $7 per ton from the 1995 price of $45/ton. Recommended Motion: Approve a 1996 master purchase order to KOCH Carbon Dioxide Company for approximately 200 ton of carbon dioxide at a unit price of $52 per ton, for a total of $10,400., Basis of Recommendation: 1. Carbon dioxide is a necessary additive that lowers Ph levels and removes excessive lime. 2. KOCH Carbon Dioxide Company submitted the lowest quotation. 3. There are sufficient funds in the 1996 Proposed Water Maintenance budget for the purchase of carbon dioxide. 40 Alternative Recommendation: Council may choose not to accept any of the quotations and instruct staff to obtain new quotes. However, KOCH Carbon Dioxide Company submitted the low quote and staff does not believe lower prices are available. Discussion/Decision Mode: Staff requests approval at the December 11, 1995 Council meeting. Resp y submitted, Jame . Prosser City M ager JDP:ds • 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 323 Agenda December 11, 1995 Issue Statement: Purchase in excess of $5,000 for polymer. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. Polymer provides coagulation for the turbidity removal. Turbidity is the "snowflake" lime particles in the water after softening. Three vendors were contacted and proposals were received for approximately 8,000 pounds of polymer from: Unit Price Yearly Total Fremont Industries $1.59/pound $12,720/year Hawkins Chemical 1.65/pound 13,200/year Anderson Chemical 2.03/pound 16,240/year Recommended Motion: Approve a 1996 master purchase order to Fremont Industries for the purchase of approximately 8,000 pounds of polymer for an estimated yearly total of $12,720. Basis of Recommendation: 1. Removes turbidity from the water. 2. Fremont Industries submitted the lowest quotation. 3. The 1996 Proposed budget includes sufficient funds for the chemical purchase. Alternative Recommendation: 1. Council may choose not to accept any of the quotations and require new quotes be obtained. However, staff does not believe better prices can be obtained. Discussion/Decision Mode: Staff requests approval at the December 11, 1995 Council meeting. Respe submitted, • James Prosser City Manager JDP:ds '8 F . CITY OF RICHFIELD, MINNESOTA Council Letter No. 322 Agenda December 11, 1995 Issue Statement: Award contract to print the 1996 spring brochure. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment, or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The Community Services Department announces leisure services programs through four quarterly brochures. Brochures are distributed to each residence in the City. Informal specifications for the spring 1996 brochure were distributed to 11 vendors. Seven quotes were received as follows: Specified Recycled Vendor Name Paper Paper Nystrom Printing 5209.00 5309.00 A P f 5721 50 5792 50 rtcra ress t . . Shakopee Valley Printing 5400.00 5903.00 Gold Star Printing 6010.00 6010.00 Park Printing 7392.00 No Quote Sexton Printing 7557.00 7274.00 Associated Lithographers 7785.00 8480.00 The City has made recycling efforts in several areas including the printing process of previous brochures. Although there is an additional cost for using recycled paper, the cost is minimal. Recommended Motion: Authorize a purchase order for 19,500 copies of the 1996 spring brochure to be printed on recycled paper to Nystrom Publishing Company, Inc. in the amount of $5,309. Basis of Recommendation: 40 1. Nystrom Publishing Company, Inc. submitted the lowest responsible quote. 2. There are sufficient funds available for this purchase. 3F-l Alternate Recommendation: 1. Authorize a purchase order to Nystrom Publishing, Inc. to print the spring brochure on specified paper. However, the savings would only be $100 and would not support the City's recycling efforts. 2. Authorize a purchase order to a different vendor. However, Nystrom Publishing, Inc. has the lowest quotation. 3. Request the staff to seek additional quotations. However, this could affect the publishing date for the spring brochure in 1996, and the staff believes lower quotes are unlikely. 4. Do not publish a spring brochure. However, the quarterly brochure places all leisure services program and facility information into one package for the residents. The spring brochure also previews summer activities, programs and facilities. Discussion/Decision Mode: This item is scheduled for the December 11, 1995 Council meeting. Council should take action at this time so publication deadlines can be met. Respectful) submitted, Jame . Prosser City Manager JDP:ds ?J 3)'? CITY OF RICHFIELD, MINNESOTA Council Letter No. 321 Agenda December 11, 1995 Issue Statement: Purchase in excess of $5,000 for the chemical chlorine, required treatment for a public water plant. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The City purchases chlorine yearly as an essential disinfectant to purify water. This year, the Water Division along with the Swimming Pool Division, requested bids for the purchase of 14 tons of chlorine. Ten tons of chlorine are needed for water treatment, and four tons are used to treat the swimming pool water. In 1995, the first year the master purchase order for chlorine included the Water Plant and Swimming Pool, the City paid $460 per ton. Two vendors were contacted and proposals were received for approximately 14 tons of chlorine from: Feed-Rite Controls, Inc. $442.70/ton $6,197.80/year DPC Industries, Inc. $460.00/ton $6,440.00/year Recommended Motion: Approve a 1996 master purchase order to Feed-Rite Controls, Inc. for the purchase of approximately ten tons of chlorine for the Water Maintenance Division at a yearly total of $4,427.00 and four tons of chlorine for the Swimming Pool Division at a yearly total of $1,770.80. Basis of Recommendation: 1. Chlorine is a necessary disinfectant chemical required for potable drinking water and safe swimming water. 2. Feed-Rite Controls, Inc. submitted the lowest quotation. 3. Both divisions include sufficient funds for the purchase in their 1996 Proposed budgets. Alternative Recommendation: Council may choose not to accept any of the quotations and require new quotes be obtained. However, staff does not believe better prices can be obtained. Discussion/Decision Mode: Staff requests approval at the December 11, 1995 Council meeting. Respectfully submitted, Jame Prosser City nager JDP:ds ,?b CITY OF RICHFIELD, MINNESOTA Council Letter No. 320 Agenda December 11, 1995 Issue Statement: Purchase of three administrative vehicles for use by the Public Safety Department in excess of $5,000. Background: The City Council resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the city council for consideration. Three vehicles used by the Public Safety Department are fully depreciated and due to be replaced in 1996. The three vehicles are Units No. 9028 and 9029, 1990 Chevy Luminas, and 9030, a 1990 Dodge Dynasty. Purchase of these new vehicles has been coordinated with Hennepin County through the joint purchasing agreement. Midway Ford submitted the low bid on midsize administrative vehicles, bidding Ford Taurus's at $14,411 per car, plus an option with power door locks, which is another $170 per car. No mid-sized cars were purchased In 1994. Vehicles similar to these were purchased for $12, 260 in 1993. Recommended Motion: Approve a 1996 purchase order to Midway Ford for three midsize vehicles at $14,581, plus a shop manual at $70, for a total of $43,813. Basis of Recommendation: 1. The three vehicles currently in the motor pool are fully depreciated and due to be replaced in 1996. 2. Purchasing vehicles through county contracts assures the lowest possible price for the type of vehicle required. 3. The proposed 1996 Motor Pool budget contains $45,000 for this purchase. Alternative Recommendation: Council may choose to deny approval and direct staff to obtain new bids for these vehicles; however, staff does not believe a lower price from a reputable dealer can be obtained other than through the Hennepin County joint purchase contract. Discussion/Decision Mode: In order to take advantage of these prices, staff is requesting approval at the December 11, 1995 council meeting. Respectful ubmitted, James rosser City Ma ger 0 JDP:ds CITY OF RICHFIELD, MINNESOTA Council Letter No. 319 Agenda December 11, 1995 Issue Statement: Approval of the continuation of the agreement with the City of Bloomington for the provision of inspectional services for Richfield for the year 1996. Background: The City of Bloomington has provided inspectional and enforcement services in the areas of plumbing, heating and air conditioning, food service, forestry and plan check for food services for several years. The proposed contract for 1996 is $99,430 compared to the 1995 contract amount of $96,100. The 1996 contract reflects a 3% increase over the 1995 contract. This is primarily due to increases in staff salaries. Recommended Motion: It is recommended that the City Council approve the agreement with the City of Bloomington for the provision of inspectional and enforcement services for the year 1996. 40 Basis of Recommendation: 1. The City of Bloomington has sufficient resources to provide a professional level of inspectional services to Richfield residents. Annual evaluation of their services has shown that they are providing effective services in a very cost-effective manner. Alternative Recommendation: 1. The Council could decide to have Richfield provide its own plumbing, heating and air conditioning, food inspection and forestry services. The cost of hiring the staff necessary to provide the same level of services and administrative support would be more than our current expenditures and would require a budget increase. 2. The Council could decide to compensate the City of Bloomington at a lower rate which would require designated reduction in services or programs. Discussion/Decision Mode: The renewal of the agreement between Richfield and the City of Bloomington for the provision of inspectional services is being presented for Council approval. Respectfull bmitted, James D osser City Manager JDP:ds 3c-l • AGREEMENT This Agreement is made this 11th day of December, 1995, by and between the City of Richfield (hereinafter referred to as "Richfield") and the City of Bloomington (hereinafter referred to as "Bloomington"). WHEREAS, Richfield is authorized and empowered to provide for various types of inspections and code enforcement to ensure the public health, welfare and safety; and WHEREAS, it is the desire of the parties and the purpose of this agreement that certain of such services be performed by Bloomington on behalf of Richfield; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: 1. The term of this agreement shall be from January 1, 1996 through December 31, 1996, subject to termination as provided in paragraph 6. 2. For the term of this agreement, Bloomington shall provide Richfield with the . following services, in and on behalf of Richfield: a. Plumbing inspections, plan review and code enforcement as necessary. b. Heating, ventilation, and air conditioning inspections, plan review and code enforcement for new residential structures and commercial/industrial applications. C. Food service inspections and code enforcement as necessary (a minimum of two inspections will be done of all restaurants and at least one inspection will be done of all grocery stores). d. Tree inspections and code enforcement as necessary. e. Plan check for food services. f. Public swimming pool inspections as necessary. g. Lodging inspections as necessary. 3. Bloomington shall have control over the manner in which the inspections, plan review and code enforcement activities are conducted and over the determination of what enforcement action is appropriate and consistent with Richfield City Code Section 615 and other policies as established by the City of Richfield. 4. Bloomington shall assume the expense of performing the inspections and code enforcement. 5. Richfield shall pay Bloomington the sum of $99,430.00 for services provided pursuant to this agreement. One-half of this amount shall be due on June 30, 1996, and the remainder shall be due on November 30, 1996. • 6. This agreement shall terminate as follows: a. Upon the expiration of 30 days after service of written notice upon the other party; or, b. At any time, upon agreement of the parties; or c. In any event on December 31, 1996. 7. In the event of a termination prior to December 31, 1996, a prorata reduction of the compensation owed by Richfield to Bloomington shall occur which reflects the period remaining on the agreement at the time of termination. 8. Bloomington agrees to defend, indemnify and to hold harmless Richfield, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Bloomington's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Bloomington. 9. Bloomington shall carry liability insurance in the amount of at least $200,000 per individual and $600,000 per occurrence. Property damage liability insurance in the amount of $100,000. Richfield shall be named as an additional insured, and a certificate of said insurance shall be provided to Richfield. Bloomington shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd. 2 (1991) and further agrees to provide a certificate of said insurance to Richfield. 10. Any employee assigned by Bloomington to perform its obligations hereunder shall remain the exclusive employee of Bloomington for all purposes including, but not limited to, wages, salary and employee benefits. 11. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon request, also provide for and on behalf of Richfield: (1.) Electrical inspection and code enforcement services; (2). Inspection of replacement residential heating and air conditioning equipment. Such services shall be paid for by Richfield on an hourly basis at the rate of $36.50 per hour, and said hourly rate shall be separate from, and in addition to, the payment SC-3 provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement shall remain applicable with respect to the electrical and heating, ventilation and air conditioning inspection services being provided. 12. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon request, also provide building plan checking services for and on behalf of Richfield. Such services shall be paid for by Richfield on an hourly basis at a rate of $45.35 per hour, and said hourly rate shall be separate from, and in addition to, the payment provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement shall remain applicable with respect to the building plan checking services being provided. 13. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the persons employed by Bloomington as the agent, representative or employee of Richfield for any purpose or in any manner whatsoever. Bloomington is to be and shall remain an independent contractor with respect to all services performed under this contract. Bloomington represents that it has, or will secure at its own expense, all personnel required in performing services under this contract. Any and all personnel of Bloomington or other persons, while engaged in the performance of any work or services required by Bloomington under this contract, shall have no contractual relationship with Richfield and shall not be considered employees of Richfield, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against Bloomington, its officers, agents contracts or employees shall in no way be the responsibility of Richfield; and Bloomington shall defend, indemnify and hold Richfield, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from Richfield, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensations, Unemployment Compensation, disability, severance pay and PERA. 14. The books, records documents, and accounting procedures of Bloomington relevant to this Agreement, are subject to examination by Richfield, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 1613.06, subd. 4. 15. This Agreement represents the entire Agreement between Bloomington and Richfield and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any c--4 amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 16. Bloomington and Richfield agree to comply with the Americans with Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. Bloomington has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990 (ADA), as required by Section 35, 107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact Human Services Division, City of Bloomington, 2215 West Old Shakopee Road, Bloomington, Minnesota 55431; telephone: 948-8700; TDD: 948-8740. Richfield agrees to hold harmless and indemnify Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Bloomington. 17. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. Upon proper execution, this Agreement shall be a legal and binding obligation upon the City of Bloomington CITY OF BLOOMINGTON BY: Its Mayor BY: Its City Manager CITY OF RICHFIELD BY: Its Mayor BY: Its City Manager City Attorney • CITY OF RICHFIELD, MINNESOTA Council Letter No. 318 Agenda December 11, 1995 Issue Statement: Approval of the continuation of the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for the year 1996. Background: In 1977, the State of Minnesota enacted the Community Health Services Act, which transferred the responsibility for the administration of public health programs to local jurisdictions. The state also provided funds for the programs and encouraged local jurisdictions to increase the efficiency of the programs by grouping together. Richfield and Edina entered into a joint powers agreement with Bloomington, and the program has been administered under that agreement since that time. The contract amount for 1996 reflects a 3% increase over the 1995 contract amount. This is primarily due to increases in staff salaries. The 1996 contract amount will be $168,390 while the 1995 contract amounted to $163,485. Recommended Motion: It is recommended that the City Council renew the joint powers agreement for 1996. Basis of Recommendation: 1. The City of Bloomington has sufficient resources to provide a professional level of public health services to Richfield residents. Annual evaluations of their services has shown that they are providing effective services in a very cost-efficient manner. Alternative Recommendation: 1. The Council could decide to have Richfield provide its own public health services. The cost of hiring the nursing staff necessary to provide the same level of services and administrative support would be more than our current expenditures and would require a budget increase. 2. The Council could decide to compensate the City of Bloomington at a lower rate which would require designated reduction in services or programs. 3. Discussion/Decision Mode: The renewal of the joint powers agreement between the City of Richfield and the City of Bloomington for 1996 for the provision of public health services is being presented for Council approval. Respectfu submitted, James . Prosser City Manager JDP:ds 36-1 AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD TO PROVIDE COMMUNITY HEALTH SERVICES THIS AGREEMENT, made and entered into this 11th day of December, 1995, by and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield"). WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides community health services, including, but not limited to home health services, well adult clinics, well child clinics, health education, school health services, health promotion services, prevention and control, and program administration; and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing community health services such as health education, communicable disease programs, nursing services, health assessment, counseling, teaching, and evaluation in the community, home and clinic setting at a nominal fee to those making use of such services, and to contract with Bloomington for Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; and WHEREAS, the governing bodies of Bloomington and Richfield are authorized by Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes, Section 471.59, Subdivision 10, to provide community health services and to enter into agreements with each other for the providing by Bloomington of community health services to residents of Richfield. NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with those community health services (hereinafter called "Health Services"), that Richfield has outlined in its 1996-1999 Community Health Services Plan, which includes home health, family health, disease prevention and control, and health promotion. Richfield agrees not to amend said Plan in any manner that would impact the service Bloomington provides without first contacting Bloomington. 2. Bloomington agrees to provide to the residents of Richfield health services in the same manner and the same extent including the same quality and kind of personnel, equipment and facilities as health services are provided and rendered to residents of Bloomington, it being the intent and purpose of this agreement to provide and render the Health Services equally to residents of Bloomington and Richfield, without discrimination in any way. 3. Bloomington shall provide the health services pursuant hereto on a confidential basis, using capable, trained professionals. 4. All Health Services to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, provided, however, that (i) no policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity of Health Services to be provided hereunder by Bloomington 'to residents of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving Health Services from Bloomington, whether residents of Richfield, Bloomington, or any other municipality. Richfield agrees to adopt the same policies, rules and procedures as are from time to time adopted by Bloomington, if determined by Richfield to be necessary or desirable to facilitate or regulate the provision of Health Services by Bloomington to residents of Richfield pursuant hereto. 5. Richfield agrees to pay Bloomington, for the provision of Health Services pursuant hereto, amounts and on terms as follows: A. The annual sum of $168,390 shall be paid in quarterly payments of $42,097.50 to Bloomington within fifteen (15) days of the receipt by Richfield of each of the reports to be given pursuant to Paragraph 5.B hereof, subject, however, to the provision of Paragraph 5.C hereof. B. On April 15, July 15, and October 15, 1996 and on January 15, 1997, Bloomington shall send Richfield a statement, certified by the person in charge of Bloomington's Division of Public Health as being true and correct, and covering the period of three (3) calendar months preceding the month in which the report is given, and setting forth, in such detail as Richfield shall reasonably require, the numbers of persons served, the kinds of Health Services delivered, the locations where such services were delivered, and such other information as Richfield shall reasonably request. • C. No payment or payments need be made by Richfield under this Agreement while Bloomington is in default under any of the terms and conditions hereof. r ?1 6. In the event Richfield desires to inspect the financial books and records of Bloomington relating to the providing of Health Services hereunder by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield, or any agent, employee, or representative of Richfield, at reasonable business hours. 7. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render Health Services under this Agreement; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. 8. Bloomington's Division of Public Health will communicate with Richfield, relative to Health Services to be performed hereunder by Bloomington, such communication to be in the form of reports, conferences, or consultations, as the respective Richfield departments shall request. All reports relating to the providing of Health Services that are given by Bloomington's Division of Public Health to the Bloomington City Council or to the City Manager during the term of this Agreement shall also, and at the same time, be given to Richfield. 9. Bloomington also agrees to send to Richfield an annual report describing the activities performed and Health Services rendered pursuant to this Agreement. Such report shall be in such detail and form as Richfield may reasonably request. The annual report shall be sent with and in addition to the last quarterly report acquired by Paragraph 5.13 hereof. Also, at Richfield's request, made not more than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall attend meetings of the Richfield City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and Health Services rendered under this Agreement. 10. Bloomington hereby agrees to maintain in force its present policy of comprehensive liability insurance and professional liability coverage, each in the minimum amount of five hundred thousand dollars ($500,000), for the term of this contract. A copy of the policy or policies shall be furnished to Richfield. Said policy shall be with an insurance company authorized to do business in Minnesota. 11. Bloomington shall further require personal medical malpractice insurance coverage by its physicians and other health professionals with whom Bloomington has a contract for professional services. 12. This Agreement shall be for a period of from January 1, 1996, to December 31, 1996, provided that either party may terminate the same by one hundred twenty (120) days written notice to the other. Upon such termination, all obligations and liabilities of the parties hereunder shall cease and terminate, except the provisions of Paragraph 12 hereof shall continue and survive such termination. Also, in the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Bloomington shall send to Richfield, within thirty (30) days after such termination, a report in the form of, and in lieu of, the annual report required by paragraph 9 hereto, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of both such reports. 13. Bloomington and Richfield understand and agree that each of them shall apply and qualify, independently and separately, for any and all grants, matching funds, and payment, of all kinds from state, federal, and other governmental bodies relating to, or for the provision of, any or all of the Health Services, and any and all such grants, matching funds, and payments shall belong to the recipient and be used and applied as the recipient thereof shall determine, without regard to this Agreement. 14. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to an officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: To Bloomington: 2215 West Old Shakopee Road Bloomington, Minnesota 55431 Attention: City Manger To Richfield: 6700 Portland Avenue South Richfield, Minnesota 55423 Attention: City Manager Such addresses may be changed by either party upon notice to the other party given as herein provided. 15. The parties agree to comply with the following laws and regulations: A. Richfield agrees to comply with the Americans with Disabilities Act and agrees to hold harmless and indemnify the City of Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Bloomington. The City of Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the Human Services Division, City of Bloomington, 2215 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone 948-8900; TDD: 948-8740. B. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363 (1988). 16. Non-Assignment. This Agreement shall not be assignable except at the written consent of Bloomington. 17. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 18. Richfield will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their corporate seal to be affixed hereto the day and year first above written. CITY OF BLOOMINGTON BY: Its Mayor BY: Its Manager CITY OF RICHFIELD BY: 0 Its Mayor Approved: BY: Its Manager City Attorney 110?0 /) IYI . CITY OF RICHFIELD, MINNESOTA Council Letter No. 317 Agenda December 11, 1995 Issue Statement: City Council resolution appointing a representative to the Richfield Tourism Promotion Board. Background: On June 25, 1990 the City Council approved the ordinance to levy a 3% tax on gross receipts of lodging from Richfield hotels and motels pursuant to Minnesota Statutes. The establishment of the Richfield Tourism Promotion Board and the appointment of three directors was also a part of that resolution. The terms of appointment are for three years and are staggered to maintain board continuity. The current members of the Tourism Board and the ending dates of current terms are as follows: Larry Zielke, Attorney, representing the Richfield Chamber of Commerce; term ending December 31, 1996. 2. William Busman, Vice President of Realty Management Services, Inc., representing the Hampton Inn; term ending December 31, 1995. 3. Lou Ann Hansen, Area Manager for Motel 6, term ending December 31, 1997. Mr. Brusman has been a very active and instrumental representative to the Tourism Board. He is seeking reappointment to the board as the Hampton Inn representative. Recommended Motion: Adopt the attached resolution regarding the reappointment of William Brusman to the Richfield Tourism Promotion Board for a three year term ending December 31, 1998. Basis for Recommendation: 1. The City Council has the authority to make appointments to the Richfield Tourism Promotion Board. 2. Mr. Brusman, the representative from Hampton Inn, has asked to be reappointed. 3. The Tourism Board has, since its inception, included a representative of Hampton Inn. 4. Mr. Brusman has been a very active member of the board and has served as the board secretary for several years. Alternate Recommendation: The City Council could seek another representative from Hampton Inn. Discussion/Decision Mode: It is suggested that the City Council make the appointment of Mr. Brusman at the December 11, 1995 Council meeting so that he may continue participating in board activities. Respectfully submitted, James .Prosser City Manager JDP:cak 0 0 3A--0q- 0 RESOLUTION NO. RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS TO THE RICHFIELD TOURISM PROMOTION BOARD, INC. WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of lodging from hotels and motels in the City pursuant to Minnesota Statute Section 169.190; and WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center; and WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board provide the City Council of the City of Richfield appoint three (3) directors to the board representing the Hampton Inn, Motel 6 and the Richfield Chamber of Commerce; and WHEREAS, each director shall serve as a director until his or her successor has been appointed and has qualified, or until his or her earlier disqualification, death, resignation, or removal; and WHEREAS, the term of William Brusman, the representative for Hampton Inn, expires on December 31, 1995 and Mr. Brusman desires to be reappointed to the board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Richfield Tourism Promotion Board directors be modified as follows: 1. Reappoint William Brusman, Hampton Inn, to the Richfield Tourism Promotion Board for a three year term ending December 31, 1998. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of December, 1995. Martin J. Kirsch, Mayor ATTEST: • Thomas P. Ferber, City Clerk