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121316CompleteAgendaSPECIAL CONCURRENT CITY COUNCIL AND PLANNING COMMISSION WORKSESSION RICHFIELD MUNICIPAL CENTER, BARTHOLOMEW ROOM DECEMBER 13, 2016 5:45 PM Call to order Discussion and presentation regarding 6529 Penn Avenue (Dunkin' Donuts). Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. SPECIAL COUNCIL WORKSESSION RICHFIELD MUNICIPAL CENTER, BARTHOLOMEW ROOM DECEMBER 13, 2016 6:15 PM Call to order 6:15 p.m. - 6:45 p.m. Update on the Orange Line Bus Rapid Transit (Council Memo No. 85) 2. 6:45 p.m. - 7:00 p.m. Discussion regarding the implementation of International Boulevard (Council Memo No. 81) Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager December 8, 2016 Council Memorandum No. 85 The Honorable Mayor and Members of the City Council Subject: Worksession Update on the Orange Line Bus Rapid Transit Council Members: At the December 13 worksession, Metro Transit staff will provide an update on the Orange Line Bus Rapid Transit (BRT) line. Background information includes: • The proposed Orange Line BRT will provide service from downtown Minneapolis to Burnsville, including two stations in Richfield located at the 1-35W ramps at 66th Street and on Knox Avenue near the Best Buy headquarters. • The planned improvements include an underpass at 1-494 that will serve the BRT line, bicyclists, and pedestrians, and will not include general purpose lane. • Staff has concerns that will need to be addressed in design including: o Transit riders parking on residential streets near the 66th Street Station o Proximity of the Knox Avenue Station to the park and ride lot near Best Buy headquarters. o Trail connection from the 1-494 underpass to the 76th Street trail at Humboldt Avenue. Please contact Kristin Asher, Director of Public Works, at 612-861-9795 with questions. R6spp,Gtf0Jly submitted, Steven L. Dev City Manager SLD:jb Email: Assistant City Manager Department Directors CITY OF RICHFIELD, MINNESOTA Office of City Manager November 10, 2016 Council Memorandum No. 81 The Honorable Mayor and Members of the City Council Subject: International Boulevard Implementation (Agenda Item No. 10 ) Council Members: During the November 15, 2016 City Manager's Report, the future International Boulevard will be discussed. The following information is provided so that the City Council may direct staff on how they would like to proceed with the implementation of the name change., Edina Extension Staff has had a discussion with Edina staff regarding the potential of extending the International Boulevard name into Edina. The Edina City Council has asked their appropriate commissions to review the matter and make a recommendation on the name change. The initial reaction by the City of Edina has been a positive one and they seem open to the possibility of the name change. Depending on the outcome of their analysis, the name could potentially be extended to Highway 100. Affected Properties It is estimated that 12 single-family homes, 348 apartment units, 12 businesses, two schools and one church would need to change their mailing address. Transition Period While the U.S. Postal Service has not provided any feedback, it was the recollection of Bloomington officials that properties were able to use either their former 79th/80th Street addresses or the new American Boulevard addresses for an 18 -moth transition period. Timeline Considerations There has been an assumption that the implementation would coincide with the completion of the 77th Street Underpass which could be under construction as soon as early 2018, depending on the outcome of the Regional Solicitation (expected to know in early 2017) and the ability of the City to front the construction costs for the project. I AUDI of Richfield plans on opening in February or March. It would provide them considerable cost savings to inform them soon of a pending name change as it would keep them from ordering letterhead, business cards, forms, etc. with a 77th Street address. Cost Estimate Richfield Edina Local Road Signs 20 $1,800 1 - $60 Signal Arm Signs 20 $8,000 17 $7,500 MnDOT Signs 6 $42,000 7 $74,000 TOTALS $50,862 $80,281 If you have any questions, please contact me. City Manager SLD:kda ;ubm" d, c� ✓ic Email: Assistant City Manager Department Directors REGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS DECEMBER 13, 2016 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Open forum (15 minutes ma)imum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Pledge of Allegiance Approval of the minutes of the: (1) Special Concurrent City Council and Planning Commission Worksession of November 15, 2016; (2) Special City Council Worksession of November 15, 2016; (3) Regular City Council Meeting of November 15, 2016; and (4) Special City Council Meeting of December 6, 2016. PRESENTATIONS 1. Presentation by VFW representatives of Patriot's Pen award. 2. Richfield Foundation awarding of grants. 3. Annual meeting with the Transportation Commission. COUNCIL DISCUSSION 4. Hats Off to Hometown Hits • Schedule Commission Interviews Date(s) • City Manager's Statement of Appreciation AGENDAAPPROVAL 5. Approval of the agenda. 6. 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 on these items 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 the approval of a resolution certifying deferral of special assessments for certain eligible homeowners. Staff Report No. 208 B. Consideration of approval of the renewal of the contract with the MN Internet Crimes Against Children (ICAC) through May 31, 2019 to receive federal grant funding for Public Safety/Police. Staff Report No. 209 C. Consideration of the approval of a resolution allowing the acceptance of monetary support solicited for the Public Safety/Police Department in support of Safety Day, Nite to Unite, Heroes and Helpers, CERT, Unity in the Community, and Equipment. Staff Report No. 210 D. Consideration of the approval of a resolution receiving a preliminary report for the 2017 Alley Paving project and scheduling a public hearing for January 24, 2017. Staff Report No. 211 E. Consideration of a resolution authorizing a Source Water Protection Grant Agreement between the City of Richfield and the Minnesota Department of Health (MDH). Staff Report No. 212 F. Consideration of the approval to authorize staff to hire SRF Consulting Group to help the City prepare the 2018 Comprehensive Plan update. Staff Report No. 213 G. Consideration of the approval of a resolution amending the 2016-2017 labor agreement with the Police Officers & Detectives (LELS Local 123). Staff Report No. 214 H. Consideration of the approval of a second reading of an ordinance authorizing the conveyance of property owned by the City of Richfield to the Richfield Housing and Redevelopment Authority. Staff Report No. 215 I. Consideration of the approval of the renewal of the 2017 licenses for On -Sale 3.2 Percent Malt Liquor, Off - Sale 3.2 Percent Malt Liquor and taxi companies doing business in Richfield. Licenses to Operate in Richfield Licenses to sell 3.2 Percent Malt Liquor Gold Star Taxi - 10 vehicles Portland Food Mart - Off -Sale Airport Taxi - 6 vehicles Rainbow Foods - Off -Sale Richfield Minnoco (Gas station 67th& Penn) - Off -Sale Short Stop Supperette - Off -Sale SuperAmerica #4186 - Off -Sale SuperAmerica #4188 - Off -Sale SuperAmerica #4191 - Off -Sale SuperAmerica #4615 - Off -Sale Target Corporation - Off -Sale Sandys Tavern - On -Sale Vi na Restaurant - On -Sale Staff Report No. 216 7. Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 8. Public Hearing for the consideration of the renewal of 2017 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. 7529 Lyndale Avenue South. Staff Report No. 217 9. Public hearing for the consideration of the renewal of 2017 Pawnbroker and Secondhand Goods Dealer licenses for University Cash Company, Inc., d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. Staff Report No. 218 10. Public hearing for the consideration of the renewal of 2017 Club On -Sale Intoxicating and Sunday Liquor licenses for Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink, 6715 Lakeshore Drive. Staff Report No. 219 11. Public hearing for the consideration of the renewal of the 2017 Club On -Sale and Sunday Liquor licenses for Minneapolis -Richfield American Legion Post No. 435, 6501 Portland Avenue South. Staff Report No. 220 12. Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7644 Lyndale Avenue South. Staff Report No. 221 13. Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Davanni's, Inc. d/b/a Davanni's Pizza and Hot Hoagies, 6345 Penn Avenue South. Staff Report No. 222 14. Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant, LLC d/b/a Joys Pattaya Thai Restaurant, 7545 Lyndale Avenue South. Staff Report No. 223 15. Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians at the Richfield Ice Arena, 636 East 66th Street. Staff Report No. 224 16. Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for My Burger Operations, LLC d/b/a My Burger, 6555 Lyndale Avenue South. Staff Report No. 225 17. Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 1732 66th Street East. Staff Report No. 226 18. Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 7630 Lyndale Avenue South. Staff Report No. 227 19. Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick's French Bakery, Inc., d/b/a Patrick's Bakery & Cafe, 2928 66th Street West. Staff Report No. 228 20. Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for HenryThou, d/b/a Red Pepper Chinese Restaurant, 2910 66th Street West. Staff Report No. 229 21. Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc. d/b/a Frenchman's, 1400 66th Street East. Staff Report No. 230 22. Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for EI Tejaban Mexican Restaurant, LLC d/b/a EI Tejaban Mexican Grill, 6519 Nicollet Avenue South. Staff Report No. 231 23. Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses with outside service, forThompson's Fireside Pizza, Inc., d/b/a Fireside Foundry, 6736 Penn Avenue South. Staff Report No. 232 24. Public hearing regarding the approval of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses for GM Richfield, LLC, d/b/a Four Points by Sheraton Minneapolis Airport, 7745 Lyndale Avenue South. Staff Report No. 233 25. Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with outside service, for VPC Richfield Pizza, LLC d/b/a Giordano's of Richfield, 3000 66th Street West. Staff Report No. 234 26. Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue South. Staff Report No. 235 27. Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses for Paisan Incorporated, d/b/a Khan's Mongolian Barbeque, 500 78th Street East. Staff Report No. 236 28. Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses for Lyn 65, LLC, d/b/a Lyn 65 Kitchen & Bar, 6439 Lyndale Avenue South. Staff Report No. 237 29. Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with outside service, and with the optional 2 a.m. closing, for Pizza Luce VII, Inc., d/b/a Pizza Luce, 800 66th Street West. Staff Report No. 238 30. Conduct and close a public hearing related to a second reading of an ordinance amendment to Richfield City Code Appendix D (Fee Schedule). Approve the attached ordinance amendment and a resolution authorizing summary publication. Staff Report No. 239 31. Public hearing and consideration of the second reading of a transitory ordinance authorizing the conversion of the existing R-22 direct refrigeration system at the Richfield Ice Arena. Staff Report No. 240 RESOLUTIONS 32. Disciplinary hearing and consideration of a resolution regarding civil enforcement for establishments that recently underwent alcohol compliance checks conducted by Richfield Public Safety staff, and failed by selling alcohol to underage youth. Staff Report No. 241 33. Consideration of adopting the Resolution Supporting Richfield as a Safe, Welcoming, Equitable, and Inclusive Community. Staff Report No. 242 34. Consideration of a resolution supporting alternate bus routes proposed by Metro Transit along residential streets during 66th Street reconstruction, as recommended by the Transportation Commission. Staff Report No. 243 35. Consideration of resolutions approving the 2016 Revised/2017 Proposed budget and tax levy and related resolutions. Staff Report No. 244 OTHER BUSINESS 36. Consideration of the designation of a Mayor Pro Tempore for 2017. Staff Report No. 245 CITY MANAGER'S REPORT 37. City Manager's Report CLAIMS AND PAYROLLS 38. Claims and payrolls Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. 39. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CALL TO ORDER Room. CITY COUNCIL MINUTES Richfield, Minnesota Special Concurrent City Council and Planning Commission Worksession November 15, 2016 The worksession was called to order by Mayor Goettel at 5:45 p.m. in the Bartholomew Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; and Present: Tom Fitzhenry Council Members Pat Elliott Absent: Planning Commission Erin Vrieze Daniels, Chair; Rick Jabs; Charles Standfuss; and Daniel Members Present: Kitzberger Planning Commission Susan Rosenberg; Sean Hayford Oleary; Gordon Vizecky Members Absent: Community Services Commission Present: Transportation Commission Present: Reed Bornholdt, Chair Ted Weidenbach, Chair Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Melissa Poehlman, City Planner; Chris Link, Operations Superintendent; Jack Broz, Transportation Engineer; Kari Sinning, Deputy City Clerk. ITEM #1 DISCUSSION REGARDING THE COMPREHENSIVE PLAN CONSULTANT SELECTION (COUNCIL MEMO NO. 78) City Planner Melissa Poehlman opened the joint worksession with a brief discussion of the City of Richfield's requirement to revisit and update the Comprehensive Plan every 10 years. Poehlman discussed the solicitation and review process that led up to this worksession with leading candidate SRF Consulting Group. Lance Bernard and Craig Vaughn of SRF Consulting Group presented an overview of their proposal, fielding a variety of questions from Council Members and Commissioners. Most questions focused on how they would involve historically underrepresented populations in this process. ADJOURNMENT The worksession was adjourned by unanimous consent at 6:25 p.m. Date Approved: December 13, 2016 Kari Sinning Deputy City Clerk Debbie Goettel Mayor Steven L. Devich City Manager CITY COUNCIL MINUTES Richfield, Minnesota Special City Council Worksession November 15, 2016 CALL TO ORDER The worksession was called to order by Mayor Goettel at 6:30 p.m. in the Bartholomew Room. Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; and Present: Tom Fitzhenry Council Members Pat Elliott Absent: Staff Present: Steven L. Devich, City Manager; Kristin Asher, Public Works Director; Kari Sinning, Deputy City Clerk. Item #1 Discussion regarding the Gypsy Moth Communication and Eradication Plan (Council Memo No. 79) Public Works Director, Kristin Asher, introduced Kimberly Thielen Cremers, Pest Mitigation and Regulatory Response Unit Supervisor from the Minnesota Department of Agriculture (MDA). Thielen Cremers presented a slideshow about what the Gypsy Moth is and the MDA's plan to eradicate the Gypsy Moth infestation between Washburn and Logan Avenues; Minnesota State Highway 62 and West 67th Street. Quarantine has been placed upon the area restricting regulated articles, such as trees and shrubs, logs, firewood, and any other outdoor household items transfer out of the area until June 15, 2017. Residents will be notified before any treatments will be sprayed on the area. In early January, there will be an open house regarding the proposal for treatment from the MDA. Mayor Goettel posed a question regarding the safety of the Monarch butterflies, as the eradication plan includes a spray that will affect small caterpillars. However, Thielen Cremers reassured the Mayor that the Monarch butterfly population will not be affected by this treatment. ADJOURNMENT The worksession was adjourned by unanimous consent at 6:55 p.m. Date Approved: December 13, 2016 Kari Sinning Deputy City Clerk Debbie Goettel Mayor Steven L. Devich City Manager CALL TO ORDER CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting November 15, 2016 The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers. Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; and Tom Present: Fitzhenry. Council Members Pat Elliott Absent: Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Jay Henthorne, Public Safety Director/Police Chief; Wayne Kewitsch, Fire Chief, Pam Dmytrenko, Assistant City Manager/HR Manager; Mary Tietjen, City Attorney; and Kari Sinning, Deputy City Clerk. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. OPEN FORUM None. APPROVAL OF MINUTES M/Garcia, S/Howard to approve the minutes of the Regular City Council Meeting of October 25, 2016. Motion carried 4-0. Item #1 ANNUAL MEETING WITH THE COMMUNITY SERVICES COMMISSION Mayor Goettel introduced Reed Bornholdt, Community Services Commission Chair, who gave a summary of the events that the commission has accomplished this year. Council Meeting Minutes -2- October 25, 2016 Item #2 PRESENTATION BY HENNEPIN COUNTY SHERIFF RICH STANEK Council Member Fitzhenry introduced Major Jeff Storms as Sheriff Rich Stanek was not available for the presentation. Major Storms addressed the Hennepin County Sheriff's Office involvement with the City of Richfield and throughout the entire County. Mayor Goettel thanked the involvement of the Hennepin County Sheriff's Office during the 4t" of July event. Item #3 COUNCIL DISCUSSION • Hats Off to Hometown Hits Council Member Fitzhenry discussed the ceremony held at the Veteran's Memorial for Veteran's Day that he attended with the Mayor. Fitzhenry also announced that the Cedar Avenue Liquor store is now open after the remodel. Council Member Howard discussed the election and how the election affected the community. From aftermath of the election, Council Member Howard believes that there is now an opportunity to create a resolution that would communicate the City's Values of Inclusion. Mayor Goettel stated her support of the Inclusion resolution that Council Member Howard would like to create. The Richfield Fire Department held their Operation Warm — Coats for Kids event where they gave every child at an Elementary School in Richfield a coat for winter; the Mayor along with the City Manager and Fire Chief were in attendance. Mayor Goettel also wanted to let the community know that Xcel Energy is changing out lightbulbs in the city to LED, which is more cost effective. Item #4 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Howard to approve the agenda. Motion carried 4-0. Item #5 CONSENT CALENDAR A. Consideration of the approval of the renewal of the contract with Chief's Towing, Inc., for Public Safety towing services for December 1, 2016 through November 30, 2017. S.R. No. 191 B. Consideration of the approval of the first reading of an ordinance amendment to the Richfield City Code Appendix D (Fee Schedule) and schedule a Public Hearing and a second reading for December 13, 2016. S.R. No. 192 Council Meeting Minutes -3- October 25, 2016 C. Consideration of the approval of a second amendment to the Consent Decree in State of Minnesota by City of Minneapolis, et al. v. Metropolitan Airports Commission, et al., Hennepin County Case No. 27 -CV -OS -S474. S.R. No. 193 D. Consideration of the approval of the second reading of an amendment to the City's Zoning Ordinance that modifies regulations related to outdoor animal relief areas and a resolution authorizing summary publication of said ordinance; and consideration of a resolution granting a conditional use permit amendment and variances to allow an animal kennel business with an accessory outdoor relief area at 6244 Cedar Avenue. S.R. No. 194 BILL NO. 2016-20 AN ORDINANCE AMENDING THE RICHFIELD CITY CODE REGULATIONS RELATED TO OUTDOOR ANIMAL RELIEF AREAS This constitutes the second reading of Bill No. 2016-20, amending the Richfield City Code regulations related to outdoor animal relief areas, that a summary publication be published in the official newspaper and that it be made part of these minutes. RESOLUTION NO. 11283 A RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING REGULATIONS RELATED TO OUTDOOR ANIMAL RELIEF AREAS RESOLUTION NO. 11284 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES FOR AN ANIMAL KENNEL BUSINESS WITH AN ACCESSORY OUTDOOR RELIEF AREA AT 6244 CEDAR AVENUE These resolutions appear as Resolution No. 11283 and Resolution No. 11284. E. Consideration of the approval of a request for a new Therapeutic Massage Enterprise license for Health Fitness Corporation, d/b/a Health Fitness, located at 7601 Penn Avenue South, D building of the Best Buy Corporate Campus. S.R. No. 195 F. Consideration of the approval of the setting of a public hearing to be held on December 13, 2016, for the consideration of the renewal of On -Sale Intoxicating and Sunday Liquor licenses for 2017 for EI Tejaban Mexican Grill, LLC d/b/a EI Tejaban Mexican Grill, Thompson's Fireside Pizza, Inc. d/b/a Fireside Foundry, GM Richfield, LLC d/b/a Four Points by Sheraton Minneapolis Airport, Frenchman's Pub, Inc. d/b/a Frenchman's, VPC Richfield Pizza, LLC d/b/a Giordano's of Richfield, Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, Paisan, Inc. d/b/a Khan's Mongolian Barbeque, Lyn 65, LLC d/b/a Lyn 65 Kitchen & Bar, Pizza Luce VII, Inc. d/b/a Pizza Luce, Minneapolis -Richfield American Legion Post 435 and Fred Babcock VFW Post 5555 d/b/a Four Nickels Food & Drink. S.R. No. 196 G. Consideration of the approval of the setting of a public hearing to be held on December 13, 2016, for the consideration of the renewal of On -Sale Wine and On -Sale 3.2 Percent Malt Liquor licenses for 2017 for Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, Davanni's, Inc. d/b/a Davanni's Pizza & Hot Hoagies, Joy's Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya Thai Restaurant, Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians (located in the Richfield Ice Arena), My Burger Operations, LLC, d/b/a Council Meeting Minutes -4- October 25, 2016 My Burger, The Noodle Shop Co. Colorado, Inc. d/b/a Noodles & Company (two locations), Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Cafe, Henry Thou d/b/a Red Pepper Chinese Restaurant. S.R. No. 197 H. Consideration of the approval of the setting of a public hearing to be held on December 13, 2016, for the consideration of the renewal of Pawnbroker and Secondhand Goods Dealer licenses for 2017 for University Cash Company, LLC d/b/a Avi's Pawn and Jewelry and Metro Pawn and Gun, Inc. S.R. No. 198 Consideration of the approval of a first reading of an ordinance authorizing the conveyance of property owned by the City of Richfield to the Richfield Housing and Redevelopment Authority. S.R. No. 199 J. Consideration of the approval of the purchase of a Fire Rescue Truck from Custom Fire for $179,894 plus taxes and licensing in 2017. S.R. No. 200 K. Consideration of the approval of a resolution ordering the abatement of conditions creating a hazardous building and a public health and safety nuisance existing at 7144 4th Avenue South, Richfield, Minnesota. S.R. No. 201 RESOLUTION NO. 11285 ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS BUILDING AND A PUBLIC HEALTH AND SAFETY NUISANCE EXISTING AT 7144 4TH AVENUE S, RICHFIELD, MINNESOTA 55423 This resolution appears as Resolution No. 11285. L. Consideration of the approval of a resolution ordering the abatement of conditions creating a hazardous building and a public health and safety nuisance existing at 7301 Garfield Avenue South, Richfield, Minnesota. S.R. No. 202 RESOLUTION NO. 11286 ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS BUILDING AND A PUBLIC HEALTH AND SAFETY NUISANCE EXISTING AT 7144 4TH AVENUE S, RICHFIELD, MINNESOTA 55423 This resolution appears as Resolution No. 11286. M. Consideration of the approval of the first reading of a transitory ordinance authorizing the conversion of the existing R-22 direct refrigeration system at the Richfield Ice Arena and scheduling of a public hearing and second reading for December 13, 2016. S.R. No. 205 M/Goettel, S/Fitzhenry to approve the Consent Calendar. Motion carried 4-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Council Meeting Minutes -5- October 25, 2016 Item #7 CONSIDERATION OF A RESOLUTION APPROVING THE CONTRACT WITH THE LABOR AND TRADES LOCAL 49 FOR THE PERIOD JANUARY 1, 2017 THROUGH DECEMBER 31, 2018 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. (STAFF REPORT NO. 203) Councilmember Howard presented Staff Report No. 203. M/Howard, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11287 APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 BARGAINING UNIT FOR YEARS 2017 AND 2018 Motion carried 4-0. This resolution appears as Resolution No. 11287. Item #8 CONSIDERATION OF A RESOLUTION DETERMINING THE RESULTS OF THE CITY GENERAL ELECTION HELD ON TUESDAY, NOVEMBER 8, 2016. S.R. NO. 204 Council Member Garcia presented Staff Report No. 204 and stated that there was a 81.3% voter turnout. City Manager Devich also added that Minnesota typically leads the nation at 70% of voter turnout. The council thanked the precinct judges, student judges and those that helped out with absentee voting. M/Garcia, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11288 DETERMINING RESULTS OF THE GENERAL ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 8, 2016 Motion carried 4-0. This resolution appears as Resolution No. 11288. Item #9 CONSIDERATION OF A RESOLUTION AUTHORIZING THE REFUNDING OF THE $9,480,000 G.O. CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2008A, DATED DECEMBER 23, 2008 WITH THE $6,130,000 G.O. REFUNDING BONDS, SERIES 2016C. (COUNCIL MEMO NO. 80) S.R. NO. 206 Mayor Goettel presented Staff Report No. 206. Council Meeting Minutes -6- October 25, 2016 A representative from Ehlers & Associates, Inc., Rebecca Kurtz gave a summary of the bid tabulations and their advice to the City Council. Mayor Goettel stated that the City should lock in a good interest rate now as the interest rates might be rising. M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11289 AWARDING THE SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016C, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $6,130,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY; AND RESCINDING A PRIOR RESOLUTION OF THE CITY Motion carried 4-0. This resolution appears as Resolution No. 11289. Item #13 CITY MANAGER'S REPORT City Manager Devich brought up to the City Council that the implementation of the renaming of 76th/77th Street to International Boulevard, which will be discussed at the December 13 Worksession. The City Manager also asked the Council to start thinking about the commission interview date to be scheduled. Item #11 CLAIMS AND PAYROLLS M/Garcia, S/Goettel that the following claims and payrolls be approved: U.S. Bank 11/8/16 A/P Checks: 254344 - 254689 $ 1,741,358.97 Payroll: 123209 — 123524, 42534 592,082.58 TOTAL $ 2,333,441.55 U.S. Bank 11/22/16 A/P Checks: 254690 - 255009 $ 1,710,664.42 Payroll: 122891-123208 42533 610,594.77 TOTAL $ 2,321,259.19 Motion carried 4-0. OPEN FORUM None. Council Meeting Minutes -7- October 25, 2016 Item #12 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 8:12 p.m. Date Approved: December 13, 2016 Debbie Goettel Mayor Kari Sinning Steven L. Devich Deputy City Clerk City Manager CALL TO ORDER CITY COUNCIL MINUTES Richfield, Minnesota Special City Council Meeting December 6, 2016 The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Council Chambers. Council Members Debbie Goettel, Mayor; Pat Elliott; Michael Howard; and Edwina Garcia Present: Council Member Tom Fitzhenry Absent: Staff Present: Steven L. Devich, City Manager; Kristin Asher, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Wayne Kewitsch, Fire Services Director; Bill Fillmore, Municipal Liquor Operations Director; Michael Koob, Public Safety; and Chris Regis, Finance Manager. ITEM #1 TRUTH IN TAXATION PUBLIC HEARING REGARDING THE 2017 PROPERTY TAX LEVY AND 2016 REVISED/2017 PROPOSED BUDGET AND PROPOSED 2017 WATER, WASTEWATER, STORM SEWER UTILITY, AND STREET LIGHT RATES. (STAFF REPORT NO. 207) City Manager Devich introduced the presentation by stating that the final levy is being reduced by well over $100,000 due to the recent bond sale. Finance Manager Chris Regis made a comprehensive overview presentation of the General Fund budget and tax levy including estimated property tax impacts on typical residential home values. Mr. Regis also went over the City's Capital budget and the City's water, sanitary and storm sewer budget and rates. M/Elliott, S/Howard to close the public hearing. Motion carried 4-0. ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 6:17 p.m. Special Meeting Minutes -2- December 6, 2016 Date Approved: December 13, 2016. Steven L. Devich Acting City Clerk Debbie Goettel Mayor Steven L. Devich City Manager REPORT PREPARED BY AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 6.A. STAFF REPORT NO. 208 CITY COUNCIL MEETING 12/13/2016 Chris Regis, Finance Manager DEPARTMENT DIRECTOR REVIEW: Steven Devich 12/8/2016 OTHER DEPARTMENT REVIEW: N/A. CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution certifying deferral of special assessments for certain eligible homeowners. EXECUTIVE SUMMARY: Under Minnesota law, cities are authorized to defer the payment of special assessments for any homestead property that meet certain requirements. The City Council most recently approved an updated policy for the deferment of special assessments at the June 28, 2016 city council meeting. The City has received an application for deferment of special assessments. The property, 6931 Logan Avenue, meets the requirements as outlined in the City policy. The amount of the proposed deferred assessment is $3,633.04, which includes the first year of interest charges. The deferred assessment will last until such time that the property is sold or there is a life changing event. RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving eligible deferral of special assessments against an owner occupied homestead property. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT None. B. POLICIES (resolutions, ordinances, regulations, statutes. etch Resolution No. 11216, approved by the City Council on June 28, 2016, authorizes the City to approve requests for the deferment of special assessments upon homestead properties owned by persons 65 years of age or older or by persons of permanent total disability, or for members of the Minnesota National Guard or other military reserves, for whom it would be a hardship to pay such special assessments. One application for deferral of payment of special assessments has been received. The request is for 2015 tree removal assessment, payable 2017, in the amount of $3,633.04, which includes the first year of interest. • Staff has determined that the applicant is eligible according to the provisions contained in Resolution No. 11216 dated June 28, 2016. C. CRITICAL TIMING ISSUES: None. D. FINANCIAL IMPACT: • The amount of the special assessment, including the first year's interest, to be deferred is $3,633.04. • The deferred assessment will last until such time that the property is sold or there is a life changing event. E. LEGAL CONSIDERATION: None. ALTERNATIVE RECOMMENDATION(S): Do not approve the resolution deferring the special assessment. However, this may cause severe financial hardship for the applicant. PRINCIPAL PARTIES EXPECTED AT MEETING: N/A ATTACHMENTS: Description Type ❑ Special Assessment Deferral Resolution Resolution Lette> RESOLUTION NO. RESOLUTION APPROVING ELIGIBLE DEFERRAL OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD PROPERTIES IN HARDSHIP CASES FOR QUALIFYING OWNERS WHEREAS, Resolution No. 11216 was passed by the City Council on June 28, 2016, establishing procedures for deferment of special assessments against owner occupied homestead properties of persons 65 years of age or older and persons permanently and totally disabled, and, owned by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service for whom it would be a hardship to make payments; WHEREAS, application for deferral of payment of special assessments have been made on forms prescribed by the county auditor and the homeowner has furnished the city the necessary information for determining eligibility in compliance with Minnesota Statutes, Section 435.193 to 435.195. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the following owner -occupied property be approved for deferral of special assessments as listed below: PROPERTY ID ADDITION NO. AMOUNT 28-028-24-34-0061 46792 $3,633.04 Such deferral of payment of special assessments shall terminate and all amounts accumulated, plus applicable interest, shall become due upon the occurrence of any of the following events: (a) death of the owner, provided that the surviving spouses is not eligible for the benefits hereunder; (b) the sale, transfer or subdivision of the property or any part thereof; (c) if the property should for any reason lose its homestead status; or (d) if for any reason the taxing authority deferring the payments shall determine that there would be no hardship to require immediate or partial payment. 2. That the City Clerk is hereby authorized to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor ATTEST Elizabeth VanHoose, City Clerk REPORT PREPARED BY AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 6.B. STAFF REPORT NO. 209 CITY COUNCIL MEETING 12/13/2016 Jay Henthorne, Director of Public Safety/Chief of Police DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of the renewal of the contract with the MN Internet Crimes Against Children (ICAC) through May 31, 2019 to receive federal grant funding for Public Safety/Police. EXECUTIVE SUMMARY: The ICAC Program is a national network of 61 coordinated task forces representing over 3,500 federal, state, and local law enforcement an prosecutorial agencies. These agencies are engaged in proactive investigations, forensic investigations, and criminal prosecutions. The ICAC task force was created to help Federal, State and Local agencies enhance their investigative responses to offenders who use the internet, online communications systems, or computer technology to sexually exploit children. The Program is funded by the United Stated Department of Justice, Office of Juvenile Justice and Delinquent Prevention. The grant is administered by the Office of Justice Program's (OJP) Grants Management System. Member agencies submit their equipment and/or training requests to this system. RECOMMENDED ACTION: By Motion: Approve the contract for 2016/2019 for the attached contract between the City of Richfield and MN Internet Crimes Against Children (ICAC) Task Force to receive training and equipment for Public Safety/Police. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • The Richfield Police Department has participated in this program since May 31, 2013. • The length of this grant is three years. • Each member agency will receive training and/or equipment based on their needs. B. POLICIES (resolutions, ordinances, regulations, statutes, etch • Public Safety does not accept financial support unless it is designated for a specific program that will affect the department as a whole. • Minnesota Statute 465.03 requires that every acceptance of a grant be made by resolution of more than two thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 204 requiring that all grants and restricted donations to departments by received by resolution and by more than two- thirds majority of the City Council in accordance with Minnesota Statute 465.03. C. CRITICAL TIMING ISSUES: This agreement becomes effective on the date all required signatures under Minn. Stat. § 16C.05, subdivision 2, and shall remain effective through May 31, 2019. D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATION(Sl: Council could disapprove of signing the contract preventing membership in the MN ICAC Task Force and making the training and/or equipment unavailable to the Department of Public Safety/Police Department. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D Minnesota Internet Crimes Against Children Task Force Contract/Agreement Multi -Agency Law Enforcement Joint Powers Agreement Resolution approving Joint Powers Agreement with the D City of Richfield regarding The Minnesota Internet Crimes Resolution Letter Against Children Task Force (ICAC) SWIFT Contract Number: 110311 ORI # MN0271800 Minnesota Internet Crimes Against Children Task Force Multi -Agency Law Enforcement Joint Powers Agreement This Multi -Agency Law Enforcement Joint Powers Agreement, and amendments and supplements thereto, ("Agreement") is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("Grantee"), empowered to enter into this Agreement pursuant to Minnesota Statutes § 471.59, subdivisions 10 and 12, and Richfield PD 6700 Portland Ave South Richfield, MN 55423 ("Undersigned Law Enforcement Agency"), empowered to enter into this Agreement pursuant to Minnesota Statutes § 471.59, subdivision 10. WHEREAS, the above subscribed parties have joined together in a multi -agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the Grantee is the recipient of a federal grant, attached and incorporated into this Agreement as Exhibit A, disbursed by the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations; and WHEREAS, the OJJDP Internet Crimes Against Children ("ICAC') has established a Working Group of Directors representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub -grant recipients; and the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA") has designated Donald Cheung as the Commander of the Minnesota ICAC Task Force; NOW THEREFORE, the parties agree as follows The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Agreement with the purpose of implementing a three -pronged approach, prevention, education, and enforcement, to combat Internet Crimes Against Children; and 2. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Program Standards identified in Exhibit B, attached and incorporated into this Agreement, in addition to complying with applicable Minnesota state and federal laws in the performance of this Agreement, including conducting undercover operations relative to ICAC (a list of Regional ICAC Task Force, Minnesota State Affiliate Agency and Training & Technical Assistance Program contact information is available at http://www.olldp.gov/programs/progsummary.asp?pi=3#Resources); and 3. Exhibits A and B are incorporated into this Agreement and made a part thereof. In the event of a conflict between this Agreement and the Exhibits, the terms of the Exhibits ICAC JPA—MN Political Subdivision Page 1 of 4 SWIFT Contract Number: 110311 ORI # MN0271800 prevail; and 4. The Undersigned Law Enforcement Agency and the Grantee agree that each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The Grantee's liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes § 3.736, and other applicable law. The Undersigned Law Enforcement Agency's liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes §§ 466.01-466.15, and other applicable law; and 5. All members and representatives of the Undersigned Law Enforcement Agency shall continue to be employed and directly supervised by the same law enforcement agency employer which currently employs the member performing Minnesota ICAC Task Force assignments; and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer's fringe benefits; and 6. The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 7. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre -approved requests. Approved reimbursement will be paid directly by the Grantee to the Undersigned Law Enforcement Agency within thirty (30) calendar days of the date of invoice, with payment made to Richfield PD 6700 Portland Ave South Richfield, MN 55423; and 8. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander, or his successor or designee, for statistical reporting purposes; and 9. The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP. In addition, under Minnesota Statutes § 16C.05, subdivision 5, the Undersigned Law Enforcement Agency's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the Grantee and/or the Minnesota State Auditor and/or the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end date of this Agreement; and 10. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources amongst the multiple entities; and 11. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets to the Child Pornography Pointer System ("CPPS") pursuant to the OJJDP guidelines; and 12. In the event future federal funding is no longer available, or if this Agreement is terminated ICAC JPA—MN Political Subdivision Page 2 of 4 by either the State or the Undersigned Law Enforcement Agency, or if the Undersigned Law Enforcement Agency breaches this Agreement, then the Undersigned Law Enforcement Agency shall, at the request of the Minnesota ICAC Task Force Commander or his successor or designee, return all investigative equipment acquired through OJJDP funding within sixty (60) calendar days of such request. 13. That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the following duties: A. Investigations by the Undersigned Law Enforcement Agency under this Agreement shall be conducted in accordance with the OJJDP ICAC Task Force Program Standards identified in Exhibit B, and concluded in a timely manner. The Undersigned Law Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive of fringe benefits of actual hours and/or actual expenses incurred related to performing Minnesota ICAC Task Force assignments and/or training approved by the Minnesota ICAC Task Force Commander, or his successor or designee, through the term of this Agreement or until all federal funds under the OJJDP grant have been expended, whichever comes first. B. The Undersigned Law Enforcement Agency participating in the Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual costs as defined in Clause 13, Section A, to the extent such actual costs have been reviewed and approved by the Minnesota ICAC Task Force Commander, or his successor or designee. 14. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 15. The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the other Party. 16. Term of this Agreement This Agreement shall be effective on the date the Grantee and the Undersigned Law Enforcement Agency obtain all required signatures under Minnesota Statutes § 16C.05, subdivision 2, and shall remain in effective through May 31, 2019 unless terminated or canceled. Upon the effective date of this Agreement, the Undersigned Law Enforcement Agency will be entitled to reimbursements approved by the Grantee dating back to June 1, 2016 for overtime salary including fringe benefits, equipment, training and expenses to the extent Grantee has available funds to pay such and they have been approved consistent with Clause 13, Sections A and B. Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Undersigned Law Enforcement Agency. 17. Venue Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. ICAC JPA—MN Political Subdivision Page 3 of 4 Undersigned Law Enforcement Agency Undersigned Law Enforcement Agency certifies that the appropriate person(s) have executed the Agreement on behalf of the Undersigned Law Enforcement Agency and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions, or ordinances. By and Title Date Undersigned Law Enforcement Agency {Name), {Title) Date {Name), (Title) Date {Mayor or Board Chair) Date 2. Department or Public Safety; Bureau of Criminal Apprehension Name: Signed: Title: (With delegated authority) Date 3. Commissioner of Administration As delegated to Materials Management Division By and Title Date ICAC JPA—MN Political Subdivision Page 4 of 4 RESOLUTION NO. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF RICHFIELD ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (ICAC) WHEREAS, the City of Richfield on behalf of its Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute crimes committed against children and the criminal exploitation on children that is committed and/or facilitated by or through the use of computers. NOW, THEREFORE, BE IT RESOLVED by the City Council of Richfield, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Richfield on behalf of its Police Department, are hereby approved. A Copy of the Joint Powers Agreement is attached to this Resolution and made a part of it. 2. That the Chief, Jay Henthorne, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 3. That Debbie Goettel, the Mayor for the City of Richfield, and Elizabeth VanHoose, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk REPORT PREPARED BY AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 6.C. STAFF REPORT NO. 210 CITY COUNCIL MEETING 12/13/2016 Jay Henthorne, Director of Public Safety/Chief of Police DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution allowing the acceptance of monetary support solicited for the Public Safety/Police Department in support of Safety Day, Nite to Unite, Heroes and Helpers, CERT, Unity in the Community, and Equipment. EXECUTIVE SUMMARY: Throughout the year, donations are received from various agencies, businesses and private individuals to be used for special events or programs sponsored by the Police Department. The donations for events such as Safety Day, Nite to Unite, Heroes and Helpers, and Unity in the Community are solicited by the Department. RECOMMENDED ACTION: By motion: Approve a resolution allowing the acceptance of monetary support solicited for the Public Safety/Police Department in support of Safety Day, Nite to Unite, Heroes and Helpers, and Unity in the Community. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The Department of Public Safety/Police holds several annual events that require outside funding to occur. Staff members solicit donations from business and/or individuals to support these programs. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. The Administrative Services Department issued a memo on November 9, 2014, requiring that all grants and restricted donations to departments ge received by resolution and passed by more than two thirds majority of the City Council in accordance with Minnesota Statute 465.03. C. CRITICAL TIMING ISSUES: Donations have been received and applied to the designated areas as indicated by the donors. D. FINANCIAL IMPACT: • Financial donations have been deposited in the funds supporting the designated programs. • All of the donations listed below were given without obligation to provide any additional matching funds: Safety Day & Nite to Unite: DONOR AMOUNT Best Buy $250.00 David Carroll's Light Display $125.00 Terry/Darla Polzin $25.00 Labor Services Company $250.00 Richfield Bloomington Credit Union $750.00 Richfield Police Federation $250.00 Richfield Rotary $500.00 Richfield American Legion #435 $100.00 Richfield Lions Club $3,000.00 Richfield R.E.A.D.Y $500.00 Target $250.00 Bullet Proof Vests: DONOR AMOUNT Frenchmans Pub $1,000.00 Mpls/Richfield American Legion $50.00 Post #435 Auxiliary Heroes & Helpers: DONOR AMOUNT Target Richfield $750.00 Target Corporation $500.00 Richfield R.E.A.D.Y $500.00 Richfield Police Supervisory Association $250.00 Robert/Renee Maul $300.00 James/Kristin Kaiser $150.00 Rob Riley $150.00 Jodi Flanery-Olson $100.00 Kathy Soucy $50.00 Nathan/Amy Jorgenson $50.00 James/Kristi Gay $100.00 Anonymous $150.00 Amber Crogan $150.00 Edward/Frances Fletcher $150.00 Donna Williams/Kristi Woodbury $150.00 Broadway Pizza Patrons (Tip Jar 2015) $46.34 Unity in the Communitk CERT: DONOR AMOUNT Richfield Foundation $1,500.00 DONOR AMOUNT United Health Group $482.80 Claire Killian $37.39 Equipment: DONOR j AMOUNT Richfield Lions Club 1$5,100.00 E. LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATION(Sl: Council could disapprove the acceptance of the donations for the events and the monetary donations would have to be returned to the issuing agency/business/individual PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D Resolution for accepting funds for police events Resolution Letter RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES WHEREAS, the Department of Public Safety/Police Division, through its Director, received checks from the following for Safety Day, Nite to Unite, Heroes and Helpers, Unity in the Community, CERT, and equipment: Safety Day & Nite to Unite: DONOR AMOUNT Best Buy $250.00 David Carroll's Light Display $125.00 Terry/Darla Polzin $25.00 Labor Services Company $250.00 Richfield Bloomington Credit Union $750.00 Richfield Police Federation $250.00 Richfield Rotary $500.00 Richfield American Legion #435 $100.00 Richfield Lions Club $3,000.00 Richfield R.E.A.D.Y $500.00 Target $250.00 Bullet Proof Vests: DONOR AMOUNT Frenchmans Pub $1,000.00 Mpls/Richfield American Legion $50.00 Post #435 Auxiliary Heroes & Helpers: DONOR AMOUNT Target Richfield $750.00 Target Corporation $500.00 Richfield R.E.A.D.Y $500.00 Richfield Police Supervisory Association $250.00 Robert/Renee Maul $300.00 James/Kristin Kaiser $150.00 Rob Riley $150.00 Jodi Flanery-Olson $100.00 Kathy Soucy $50.00 Nathan/Amy Jorgenson $50.00 James/Kristi Gay $100.00 Anonymous $150.00 Amber Crogan $150.00 Edward/Frances Fletcher $150.00 Donna Williams/Kristi Woodbury $150.00 Broadway Pizza Patrons (Tip Jar 2015) $46.34 Unity in the Community: DONOR AMOUNT Richfield Foundation $1,500.00 CERT: DONOR AMOUNT United Health Group $482.80 Claire Killian $37.39 Equipment: DONOR I AMOUNT Richfield Lions Club 1$5,100.00 WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds will be used towards the designated events sponsored by Richfield Police. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety/Chief of Police will accept the donations to be placed in the accounts as specified. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor Elizabeth VanHoose, City Clerk REPORT PREPARED BY AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 6.D. STAFF REPORT NO. 211 CITY COUNCIL MEETING Jeff Pearson, City Engineer 12/13/2016 DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 12/6/2016 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution receiving a preliminary report for the 2017 Alley Paving project and scheduling a public hearing for January 24, 2017. EXECUTIVE SUMMARY: On October 11, 2016, the City Council ordered the preparation of a preliminary report for the 2017 Alley Paving project. There are currently four (4) partial alleys in Richfield that have yet to be paved. Staff recommends the Council move forward to have the remaining alleys paved. City policy is to assess the adjacent property owners for the cost of the alley paving. A public meeting will be scheduled for affected residents on Wednesday, January 11, 2017 (from 4:30 — 6:30 p.m.) at the Richfield Municipal Center. Meeting notices will be mailed out to impacted residents following the adoption of the resolution. RECOMMENDED ACTION: By Motion: Adopt a resolution receiving the 2017 Alley Paving project preliminary report and schedule a public hearing for January 24, 2017. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • In 1981, the City Council established a policy providing for the improvement of the City's alleys by concrete paving upon the receipt of petitions. • On April 28, 1986, the City Council held a special study session to review alternative alley paving policies. It was the consensus of the Council to support the alternative which recommended paving all remaining alleys without submission of petitions. B. POLICIES (resolutions, ordinances, regulations, statutes, etch • City policy is to assess the adjacent property owner for the cost of the alley paving. • Established practice is to use concrete for all alley paving projects. C. CRITICAL TIMING ISSUES: • The proposed dates will allow the project to stay on schedule for construction in June of 2017. D. FINANCIAL IMPACT: • The estimated cost of the improvements is $86,196. • It is anticipated that 100% of the project cost will be assessed to adjacent property owners. E. LEGAL CONSIDERATION: • The City Attorney will be available to answer questions. • Staff is following the Minn. Statute 429 (local improvements) process for the assessment. ALTERNATIVE RECOMMENDATION(S)LI • Council may choose to not accept the preliminary report or to not set a public hearing and direct staff on how to proceed. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ Resolution Resolution Letter ❑ Preliminary Report Backup Material ❑ Locations Exhibit RESOLUTION NO. RESOLUTION RECEIVING PRELIMINARY REPORT AND SCHEDULING A PUBLIC HEARING ON PROPOSED 2017 ALLEY PAVING PROJECT WHEREAS, pursuant to direction of the City Council at the October 11, 2016, regular meeting, with reference to the improvement of the following alleys by concrete paving: Alley between From To James Ave. & Irving Ave. 63rd St. 155' S of 63rd St. Wentworth Ave. & Blaisdell Ave. 68th St. 160' N of 68th St 5th Ave. &Portland Ave. 74th St. 210' N of 74th St. 66th St.and 65th St. Bloomington Ave. 135' E of Bloomington Ave. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. The preliminary report on the proposed 2017 Alley Paving project dated December 6, 2016, prepared by the City Engineer, is hereby received and ordered to be placed on file. 2. A public hearing on said proposed improvement is hereby scheduled to be held on January 24, 2017, commencing at 7 p.m. in the council chambers of City Hall, 6700 Portland Avenue South, Richfield, Minnesota, at which time the council will consider the improvement of these alleys in accordance with the report and assessment of abutting property owners for one -hundred percent of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated cost of the improvement of $86,196. 3. The city clerk is hereby authorized and directed to give published and mailed notice of such hearing in the manner required by law. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk Preliminary Report and Estimate of Cost Alley Paving & Appurtenant Work City of Richfield, Minnesota I. Type of Work Concrete alley paving improvements in the City of Richfield, Minnesota. H. Reason for Improvement Alleys identified in Item IV are proposed as a paving program for the City of Richfield to provide concrete alley surfacing to benefit abutting properties and traveling public. Petitions were not received for proposed improvement. In 1986 it was the consensus of the Council to pave all remaining unpaved alleys without submittal of petitions. III. Date of Preliminary Report December 6, 2016 IV. Location Alley between From To 1. James Ave. and Irving Ave. 63rd St. 155' S of 63rd St. 2. Wentworth Ave. and Blaisdell Ave. 68th St. 160' N of 68th St. 3.5 th Ave. and Portland Ave. 74th St. 210' N of 74th St. 4.66 th St. and 65th St. Bloomington Ave 135' E of BI. Ave. V. Feasibility The alley paving project is feasible and can best be accomplished independent of other on-going city projects. VI. Property to be assessed All properties abutting the alleys previously described in Item No. IV. VII. Estimated Proiect Cost 11' Wide Concrete Alley Estimated Construction Cost Administration, Legal, Engineering and interest (35%) Cost of alleys 1 thru 4 $ 63,850 $22,346 Estimated Project Cost $ 86,196 VIII. Estimated Project Assessment Property abutting alleys will be assessed for alley construction at 100% of costs according to the assessment policy established in the City Council Resolution No. 6345. Alleys 1 thru 5 Total Assessable Alley Frontage 1,246' Total Project Cost $ 86,196 Assessable Cost $ 86,196 $ 86,196 / 1,246= $69.18 / assessable foot Typical Assessment for 50' lot = $3,459.00 Typical Assessment for 75' lot = $5,188.50 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws or the State of Minnesota. Date: Jeff' Pearson Reg. No. 45087 •r1 Ow - 5 E 0 0 9m Ou A REPORT PREPARED BY AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 6.E. STAFF REPORT NO. 212 CITY COUNCIL MEETING 12/13/2016 Russ Lupkes, Utilities Superintendent DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 12/5/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing a Source Water Protection Grant Agreement between the City of Richfield and the Minnesota Department of Health (MDH). EXECUTIVE SUMMARY: The City applied for and was awarded a matching $10,000 Source Water Protection Grant from the MDH. This grant will be used to survey and identify unused private wells in the Drinking Water Supply Management Area (DWSMA) and seal those unused private wells that pose the highest threat as a potential source of contamination to the public water supply. Staff will use available well records and databases to identify properties within the DWSMAthat have known or suspected private wells, prepare a survey and, send the survey to the identified properties to determine the current number of wells and their current status. Property owners will be made aware of well sealing rules and invited to team with the City to seal unused wells. Unused wells are often visible as a 1'/4 inch to 6 -inch diameter steel pipe sticking above the ground, the floor of a basement or basement offset, or a well pit. RECOMMENDED ACTION: By Motion: Approve a resolution authorizing a Source Water Protection Grant Agreement between the City of Richfield and the Minnesota Department of Health. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • The MDH announced availability of funding to support source water protection competitive grants for community public water systems, open from October 1 to 31, 2016. • The Water Division applied for funding to survey and seal private wells in the DWSMA. • In November, the MDH notified the Water Division their project was selected to receive a matching grant of $10,000. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy 9 Minnesota Statute section 465.03 requires that the City approve a resolution accepting the funds of the grant money. C. CRITICAL TIMING ISSUES: • Terms of the grant agreement are date of execution through April 30, 2018 (funds must be spent by April 30, 2018). D. FINANCIAL IMPACT: • This $10,000 grant is a matching funds grant. • The City's portion will come from the 2017 Water Division Budget, line item 51000-6103 (Professional Services). E. LEGAL CONSIDERATION: • The City Attorney has reviewed the grant agreement and will be available at the meeting to answer any questions. ALTERNATIVE RECOMMENDATION(Sl: • None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ Resolution Resolution Letter ❑ Grant Agreement Contract/Agreement RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A SOURCE WATER PROTECTION GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF HEALTH FOR $10,000 TO BE USED FOR IDENTIFYING AND SEALING WELLS. WHEREAS, the Richfield Water Division has applied for and received a Source Water Protection Grant for $10,000 from the Minnesota Department of Health; and WHEREAS, The City intends to use these funds to survey and identify wells in the Drinking Water Supply Management Area (DWSMA), and seal those wells that pose the highest threat; and WHEREAS, Minnesota statute 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The Mayor and City Manager are authorized to enter into the Source Water Protection agreement with the Department of Health for $10,000. 2. Appropriate City personnel are authorized to administer the funds in accordance with the grant agreement and terms described by the Minnesota Department of Health. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk Minnesota Department of Health Standard Grant Template Version 1.7, 8/16 Grant Agreement Number 118022 Between the Minnesota Department of Health and City of Richfield Purchase Order Number 44567 If you circulate this grant agreement internally, only offices that require access to the tax identification number AND all individuals/offices signing this grant agreement should have access to this document. Minnesota Department of Health Grant Agreement This grant agreement is between the State of Minnesota, acting through its Commissioner of the Department of Health ("State") and City of Richfield ("Grantee"). Grantee's address is 6700 Portland Avenue South, Richfield, Minnesota 55423. Recitals 1. Under Minnesota Statutes sections 144.0742 and 114D.50 (the Clean Water Fund), the State is empowered to enter into this grant agreement. 2. The State is in need of assisting public water suppliers to protect the source of drinking water. 3. The Grantee represents that it is duly qualified and will perform all the duties described in this agreement to the satisfaction of the State. Pursuant to Minnesota Statutes section 168.98, subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Agreement 1. Term of Agreement 1.1 Effective date December 15, 2016, or the date the State obtains all required signatures under Minnesota Statutes section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work until this contract is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. 1.1 Expiration date April 30, 2018, or until all obligations have been fulfilled to the satisfaction of the State, whichever occurs first. 1.3 Survival of Terms The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits;10.1 Government Data Practices;10.2 Data Disclosure; 12. Intellectual Property; 14.1 Publicity; 14.2 Endorsement; and 16. Governing Law, Jurisdiction, and Venue. 2. Grantee's Duties The Grantee, who is not a state employee, shall: • Identify wells in the Drinking Water Supply Management Area (DWSMA). • Mail survey to properties with known or suspected wells. Page 1 of 10 ®Minnesota Department of Health Standard Grant Template Version 1.7, 8/16 Grant Agreement Number 118022 Between the Minnesota Department of Health and City of Richfield Purchase Order Number 44567 • Tabulate surveys and follow up with property owners. • Seal well that poses highest threat. • Grantee agrees that no system of water supply for public use shall be installed, altered or extended until complete plans and specifications for the installation, alteration or extension have been submitted and approved by the State, and no construction shall take place except in accordance with the approved plans. No grant funds can be used prior to approval of the plans. Failure to submit plans for approval within the first 2 months from the start date of the grant may result in termination of the grant award. • The Grantee shall use the Clean Water Land and Legacy Amendment logo on all materials that are purchased or produced under this Grant Agreement (equipment, reports, publications, displays, videos). An electronic copy of the logo will be made available to the Grantee. Failure to display the logo may render the Grantee ineligible for reimbursement. • Contact Minnesota Department of Health (MDH) Well Management 48 hours prior to beginning any well sealing work. Contact either Patrick Sarafolean at 651-201-3962 or Steve Bennett at 651-201-3963 during normal business hours Monday to Friday between 8 am and 4:30 pm to ensure that MDH has the opportunity to inspect during the well sealing process. • On or before the end date of this Agreement, the Grantee shall provide the State with one electronic copy of all final products produced under this Grant Agreement, including reports, publications, software and videos. Any Grantee activity that involves data collection must be submitted to the State upon completion of the project and in the format agreed by the State. • The Grantee shall pay in full any licensed contractor hired for the purpose of completing any work under this Grant Agreement within 10 days of receiving payment from the State. • The Grantee shall submit an itemized invoice for the total cost of the project • Exhibits A and B are attached and incorporated into this grant agreement. Upon completion of the project the Grantee shall submit a Grant Invoice (Exhibit A) and a Grant Narrative Report (Exhibit B). The Grant Narrative Report and the Grant Invoice shall be due no later than the expiration day of this Grant Agreement. Provide documentation on how the money is spent for the itemized costs with Exhibit A. If required by the nature of the project, data collected during the project shall be reported in a format acceptable to the State. In the event the Grantee is unable to satisfactorily complete all the duties specified in this grant agreement, the Grantee may forfeit the final payment. Grantee who has not satisfactorily Page 2 of 10 ®Minnesota Department of Health Standard Grant Template Version 1.7,9/16 Grant Agreement Number 118022 Between the Minnesota Department of Health and City of Richfield Purchase Order Number 44567 fulfilled the grant obligations, including but not limited to paying the contractor in full for all work performed by the contractor, will be denied participation in the next grant cycle. Grantee shall provide an equal cost share (of eligible funds in cash) for each work item. In-kind contributions are not accepted. 3. Time The Grantee must comply with all the time requirements described in this grant agreement. In the performance of this grant agreement, time is of the essence, and failure to meet a deadline may be a basis for a determination by the State's Authorized Representative that the Grantee has not complied with the terms of the grant. The Grantee is required to perform all of the duties recited above within the grant period. The State is not obligated to extend the grant period. 4. Consideration and Payment 4.1 Consideration The State will pay for all services performed by the Grantee under this grant agreement as follows: (a) Compensation. The Grantee will be paid according to the following breakdown of costs: Activity Grant Amount Cost Share • Identify wells in the DWSMA. $10,000.00 $10,024.34 • Mail survey to properties with known or suspected wells. • Tabulate surveys and follow up with property owners. • Seal well that poses highest threat. Sub -Total $10,000.00 $10,024.34 TOTAL $10,000.00 (b) Total Obligation The total obligation of the State for all compensation and reimbursements to the Grantee under this agreement will not exceed Ten Thousand Dollars and Zero Cents ($10,000.00). The following costs are not eligible and will be deducted from the final invoice, before reimbursement: - permitting fees payable to MDH (i.e. well construction fee; well sealing fee) - pressure tank and associated plumbing Page 3 of 10 ®Minnesota Department of Health Standard Grant Template Version 2.7, 8/16 Grant Agreement Number 218022 Between the Minnesota Department of Health and City of Richfield Purchase Order Number 44567 - water lines may be reimbursed only from the well to the pressure tank or to the building, whichever comes first) - indirect or administrative costs related to the grant. (c) Travel Expenses The Grantee will be reimbursed $0.00 for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget ("MMB"). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (d) Budget Modifications. Modifications greater than 10 percent of any budget line item in the most recently approved budget (listed in 4.1(a) and 4.1(b) or incorporated in Exhibit B) requires prior written approval from the State and must be indicated on submitted reports. Failure to obtain prior written approval for modifications greater than 10 percent of any budget line item may result in denial of modification request and/or loss of funds. Modifications equal to or less than 10 percent of any budget line item are permitted without prior approval from the State provided that such modification is indicated on submitted reports and that the total obligation of the State for all compensation and reimbursements to the Grantee shall not exceed the total obligation listed in 4.1(b). 4.2 Terms of Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted in a timely fashion and according to the following schedule: Upon completion of the services. The State does not pay merely for the passage of time. All the grant documentation (Grant Narrative Report, Grant Invoice, itemized invoice(s), electronic copies) must be submitted in one packet by either email or mail. The Grantee shall use the following address: Or kris.wenner@state.mn.us Attn: Kris Wenner Source Water Protection Minnesota Department of Health Page 4 of 10 ®Minnesota Standard Grant Template Version 1.7, 8/16 Department of Health Grant Agreement Number 118022 Between the Minnesota Department of Health and City of Richfield Purchase Order Number 44567 PO Box 64975, St. Paul, MN 55164-0975 If the final invoice is not received by the State before the end date of this Grant Agreement, the Grantee may forfeit the final payment. (b) Matching Requirements Grantee certifies that the following matching requirement, for the grant will be met by Grantee: - Grantee will submit an invoice for the total cost of the project. - By submitting an invoice for the total cost of the project Grantee certifies that the cost share requirement of $10,000 (ten thousand dollars)has been met. - If the total cost of the project ends up being less than $20,000 (twenty thousand dollars) the Grantee agrees to contribute a minimum cost share of 50% of the total cost of the project. S. Conditions of Payment All services provided by Grantee pursuant to this agreement must be performed to the satisfaction of the State, as determined in the sole discretion of its Authorized Representative. Further, all services provided by the Grantee must be in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. Requirements of receiving grant funds may include, but are not limited to: financial reconciliations of payments to Grantees, site visits of the Grantee, programmatic monitoring of work performed by the Grantee and program evaluation. The Grantee will not be paid for work that the State deems unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. 6. Authorized Representatives 6.1 State's Authorized Representative The State's Authorized Representative for purposes of administering this agreement is Kris Wenner, SWP Grants Coordinator, 625 Robert Street N, PO Box 64975, Saint Paul, MN 55164-0975, 651-201-4696, Kris.Wenner@state.mn.us, or her successor, and has the responsibility to monitor the Grantee's performance and the final authority to accept the services provided under this agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 6.2 Grantee's Authorized Representative The Grantee's Authorized Representative is Russ Lupkes, Utility Superintendent, 1901 East 66th Street, Richfield, Minnesota 55423, 612-861-9175, Rlupkes@cityofrichfield.org, or his successor. The Grantee's Authorized Representative has full authority to represent the Grantee in fulfillment of the terms, conditions, and requirements of this agreement. If the Grantee selects a new Authorized Representative at any time during this agreement, the Grantee must immediately notify the State in writing, via e-mail or letter. Page 5 of 10 ®Minnesota Department of Health 7. Assignment, Amendments, Waiver, and Merger Standard Grant Template Version 1.7, 8/16 Grant Agreement Number 118022 Between the Minnesota Department of Health and City of Richfield Purchase order Number 44567 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the State. 7.2 Amendments If there are any amendments to this agreement, they must be in writing. Amendments will not be effective until they have been executed and approved by the State and Grantee. 7.3 Waiver If the State fails to enforce any provision of this agreement, that failure does not waive the provision or the State's right to enforce it. 7.4 Merger This agreement contains all the negotiations and agreements between the State and the Grantee. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 8. Liability The Grantee must indemnify and hold harmless the State, its agents, and employees from all claims or causes of action, including attorneys' fees incurred by the State, arising from the performance of this agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this agreement. Nothing in this clause may be construed as a waiver by the Grantee of any immunities or limitations of liability to which Grantee may be entitled pursuant to Minnesota Statutes Chapter 466, or any other statute or law. 9. State Audits Under Minnesota Statutes section 1613.98, subdivision 8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee, or any other relevant party or transaction, are subject to examination by the State, the State Auditor, and the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10. Government Data Practices and Data Disclosure 10.1 Government Data Practices Pursuant to Minnesota Statutes Chapter 13.05, Subd. 11(a), the Grantee and the State must comply with the Minnesota Government Data Practices Act as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this agreement. The civil remedies of Minnesota Statutes section 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the Page 6 of 10 ®Minnesota Department of Health Standard Grant Template Version 1.7,8/26 Grant Agreement Number 118022 Between the Minnesota Department of Health and City of Richfield Purchase Order Number 44567 release of the data to the requesting party before any data is released. The Grantee's response to the request must comply with the applicable law. 10.2 Data Disclosure Pursuant to Minnesota Statutes section 270C.65, subdivision 3, and all other applicable laws, the Grantee consents to disclosure of its social security number, federal employee tax identification number, and Minnesota tax identification number, all of which have already been provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 11. Ownership of Equipment The State shall have the right to require transfer of all equipment purchased with grant funds (including title) to the State or to an eligible non -State party named by the State. This right will normally be exercised by the State only if the project or program for which the equipment was acquired is transferred from one grantee to another. 12. Ownership of Materials and Intellectual Property Rights 12.1 Ownership of Materials The State shall own all rights, title and interest in all of the materials conceived or created by the Grantee, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ("materials"). The Grantee hereby assigns to the State all rights, title and interest to the materials. The Grantee shall, upon request of the State, execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights, patents or other forms of protection provided by law for the materials. The materials created under this grant agreement by the Grantee, its employees or subgrantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the materials, whether in paper, electronic, or other form, shall be remitted to the State by the Grantee. Its employees and any subgrantees shall not copy, reproduce, allow or cause to have the materials copied, reproduced or used for any purpose other than performance of the Grantee's obligations under this grant agreement without the prior written consent of the State's Authorized Representative. 12.2 Intellectual Property Rights Grantee represents and warrants that materials produced or used under this grant agreement do not and will not infringe upon any intellectual property rights of another including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or parts of the materials infringe upon the intellectual property rights of another. Page 7 of 10 ®Minnesota Department of Health Standard Grant Template Version 1.7, 8/16 Grant Agreement Number 118022 Between the Minnesota Department of Health and City of Richfield Purchase Order Number 44567 Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this grant agreement, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises or in Grantee's or the State's opinion is likely to arise, Grantee shall at the State's discretion either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive of other remedies provided by law. 13. Workers' Compensation The Grantee certifies that it is in compliance with Minnesota Statutes section 176.181, subdivision 2, which pertains to workers' compensation insurance coverage. The Grantee's employees and agents, and any contractor hired by the Grantee to perform the work required by this Grant Agreement and its employees, will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees, and any claims made by any third party as a consequence of any act or omission on the part of these employees, are in no way the State's obligation or responsibility. 14. Publicity and Endorsement 14.1 Publicity Any publicity given to the program, publications, or services provided resulting from this grant agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee or its employees individually or jointly with others, or any subgrantees shall identify the State as the sponsoring agency and shall not be released without prior written approval by the State's Authorized Representative, unless such release is a specific part of an approved work plan included in this grant agreement. 14.2 Endorsement The Grantee must not claim that the State endorses its products or services. 15. Termination 15.1 Termination by the State or Grantee The State or Grantee may cancel this grant agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. 15.2 Termination for Cause If the Grantee fails to comply with the provisions of this grant agreement, the State may terminate this grant agreement without prejudice to the right of the State to recover any money previously paid. The termination shall be effective five business days after the State mails, by certified mail, return receipt requested, written notice of termination to the Grantee at its last known address. 15.3 Termination for Insufficient Funding The State may immediately terminate this agreement if it does not obtain funding from the Minnesota legislature or other funding source; Page 8 of 10 ®Minnesota Department of Health Standard Grant Template Version 1.7, 8/16 Grant Agreement Number 118022 Between the Minnesota Department of Health and City of Richfield Purchase Order Number 44567 or if funding cannot be continued at a level sufficient to allow for the payment of the work scope covered in this agreement. Termination must be by written or facsimile notice to the Grantee. The State is not obligated to pay for any work performed after notice and effective date of the termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this agreement is terminated because of the decision of the Minnesota legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving notice of the same. 16. Governing law, Jurisdiction, and Venue This grant agreement, and amendments and supplements to it, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant agreement, or for breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. 17. Lobbying Ensure funds are not used for lobbying, which is defined as attempting to influence legislators or other public officials on behalf of or against proposed legislation. Providing education about the importance of policies as a public health strategy is allowed. Education includes providing facts, assessment of data, reports, program descriptions, and information about budget issues and population impacts, but stopping short of making a recommendation on a specific piece of legislation. Education may be provided to legislators, public policy makers, other decision makers, specific stakeholders, and the general community. [Remainder of page intentionally left blank.] Page 9 of 10 ®Minnesota Department of Health Standard Grant Template Version 1.7, 8/16 Grant Agreement Number 118022 Between the Minnesota Department of Health and City of Richfield Purchase Order Number 44567 IN WITNESS WHEREOF, the parties have caused this grant agreement to be duly executed intending to be bound thereby. APPROVED: 1. Grantee The Grantee certifies that the appropriate persons(s) hove executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: 2. State Agency Grant Agreement approval and certification that State funds have been encumbered as required by Minn. Stat. §§16A.1S and 16C.05. By: (with delegated authority) Title: Date: Distribution: Agency — Original (fully executed) Grant Agreement Grantee State Authorized Representative Page 10 of 10 Minnesota Department of Health Source Waiter Protection Competitive Grants Invoice [GRANTEEINFORMATION PWSID: System: Address: Pro ram Contact Person: Phone: Fax: E-mail: INVOICE INFORMATION Is this the final invoicc? Yes No Exhibit A Environmental Health Division Drinking Water Protection section P.O. Box 54975 St. Paul, Minnesota 55164-0975 Phone: 651-201-4704 WORK ITEMS AND EXPENDITURE DESCRIPTION Expenditure Cost Share use an additional page if necessary i Total Deduct amount of cast share Net Invoice Amount to be Paid 5 y 40 $ $ DISCLAIMER AND SIGNATURE I declare that no hart of this claim has been previously balled to MDH, and that the Total Expenditures reflect only charges related to the source water protectlon project. I also declare that the data on this document is correct and ail transactions that support this cla€m were made in accordance with all applicable Federal and State statutes and regulations. Authorized Grantee Signature Date FOR MINNESOTA DEPARTMENT OF HEALTH USE ONLY Grant Manager Signature PO: Period of Service: Date Approved by: Date sent to F.S: Minnesota Department of Health GRANT NARRATIVE REPORT TEMPLATE Exhibit B Environmental Health Division Drinking Water Protection Section P.O. Box 64975 St. Paul, Minnesota 55164.4975 Pham: 6S t-zfl t -3700 System Name: PWSID: Address: Contact Person Name: Phone: Email: 1)escribe the issue IYh}, clic!}'ou appli-.16r.ffinding? bi'us there a prohlein? I'herefifhen did it take place? Describe in detail the work that was performed Describe the results of this project; !lour did this work benefit your system? Hour was drinking water and public health protected? Would this work have happened in the absence of the grant program"? o Yes :�i No Assistance received -- How did hlhmesota Deparinient o_fHeallh (11Df1) or t11inne.sota Rural N'crter . issocialion (i.1RIVA) help? (i.e. MD111A1RWA cmisulleel, reconintended. anal)»ecl educated, ads>is•ed, provided, elc.) llow can the grant program be improved? Pictures available`? ❑Yes 0No Publication. software, videos available? Dyes ❑No Exhibit B DISCLAIMER I declare that the data on this document is correct Authorized Grantee Signature MINNESOTA DEPARTMENT OF HEALTH USE ONLY Date much money was spent completing this work (total to include cost share) the number of people served by the PWS REPORT PREPARED BY AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 65. STAFF REPORT NO. 213 CITY COUNCIL MEETING 12/13/2016 Melissa Poehlman, City Planner DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director 12/6/2016 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval to authorize staff to hire SRF Consulting Group to help the City prepare the 2018 Comprehensive Plan update. EXECUTIVE SUMMARY: The Metropolitan Land Planning Act requires every municipality and county within the seven -county metropolitan area to prepare and submit a comprehensive plan to the Metropolitan Council. The plan is required to be updated at least once every 10 years. At a minimum each plan must include discussion of future land use, transportation, water resources, parks and trails, housing, and an implementation section. In 2008, after a multi-year process, the City adopted a new Comprehensive Plan. Since that time, the Plan has been amended 10 times. The City has developed corridor plans and made revisions based on changing market conditions and community desires. As is the case with the Zoning Code, City staff works to make sure that our Comprehensive Plan does not become a stale document. For that reason, staff believes that this cycle requires an update rather than a new Plan. Updating the Comprehensive Plan is a large undertaking that will require time and resources beyond what staff can provide. In September staff published a Request for Proposals to help update the Plan and received five responses (Stantec, Future iQ, Kimley-Horn and Associates, WSB and Associates, and SRF Consulting Group). Based on a number of factors including experience, public engagement strategies, and cost; staff is recommending that the City hire SRF Consulting Group (SRF). Staff is confident that the team assembled by SRF has the technical knowledge and the interpersonal skills to help guide us through this process. On November 15th representatives of SRF presented a general outline of their proposal, demonstrated new technology for collecting feedback, and answered questions from Planning Commissioners and City Council members. Based on the evaluation of staff and feedback at this worksession, the Planning Commission unanimously recommended hiring SRF at its meeting on November 26th. RECOMMENDED ACTION: Authorize staff to enter into a contract with SRF Consulting Group for services related to the Comprehensive Plan. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT See Executive Summary B. POLICIES (resolutions, ordinances, regulations, statutes, etch An update of the Comprehensive Plan is required at least every 10 years per the Minnesota Land Planning Act. C. CRITICAL TIMING ISSUES: • Local plans are due to the Metropolitan Council by December 31, 2018. Prior to this submital, there is a six month adjacent jurisdiction review period. • The update process will begin in early 2017. D. FINANCIAL IMPACT: • In order to help manage costs, staff will play a significant role in the preparation and coordination of the Plan. • The update is expected to cost approximately $95,000. o Budgeting ■ Up to $20,000 Parks and Open Space. ■ Utilities update to be completed separately and incorporated into the Plan. ■ Community Development budget will include $25,000 annually until remainder of Update costs have been paid. E. LEGAL CONSIDERATION: None ALTERNATIVE RECOMMENDATION(S): • Consider other applicants to aid in the preparation of the City's Comprehensive Plan update. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D SRF Summary Proposal r Nw, �AA I Ai 2018 Comprehensive Plan Uadate 13 October 12, 2016 2018 Richfield Comprehensive Plan Update Company Overview SRF Consulting Group: SRF works with cities and counties throughout the seven -county metropolitan area to prepare comprehensive plans that address many aspects of growth, development, infrastructure, community values, and quality of life. Since the last required update in 2008, SRF has assisted six of the seven metropolitan counties and more than 40 local agencies in updating their comprehensive plans. Furthermore, SRF has played an integral role in developing state and regional plans that influence the required comprehensive plan updates. SRF is highly qualified to complete this project based on our similar experience. More importantly, our project team has a thorough knowledge of both Hennepin County issues and the Metropolitan Council Local Planning Handbook and regional plans and policies. This knowledge will be critical in making sure your comprehensive plan meets all Metropolitan Council and State Statute requirements. Our Partner (HKGi): For more than thirty years HKGi has helped communities throughout the Upper Midwest create great places for people to live, work, and play. HKGi's approach is built on four core principles: collaborate, listen, explore, and create. These principles emphasize the value of community participation in the planning process, the importance of examining potential strategies to identify the best strategies for moving forward, and the ability of the community to put a plan for the future into action. HKGi will provide expertise related to zoning and land use, urban design, redevelopment planning, market analysis, economic development, and housing. Project Understanding Many communities in the seven -county metropolitan area are approaching their 2018 Comprehensive Plan purely as an update. In some respect, this is true for the City of Richfield. The existing systems (e.g. roads, infrastructure and parks) are well established and redevelopment initiatives will continue to be focused along major corridors (e.g., Cedar Avenue and 1-494) and within defined areas (e.g., 66th Street and Nicollet Avenue). The Plan will continue to embrace themes such as connectivity, revitalization and stabilization. However, refining Richfield's Comprehensive Plan will still require a careful lens. This lens will focus on public engagement, connectivity, multimodal components, economic competitiveness, and parks and trails. These elements are recognized and discussed throughout our scope of work. Project Approach/Scope of Work Our project approach/scope of work is highlighted in a series of tasks (see below). These tasks will be carried out by a multidisciplinary team of planners, landscape architects and engineers. • Task 1— Project Management: SRF's project manager Lance Bernard will work closely with City Staff on a day-to-day basis to ensure the project is within budget and on schedule. Task 2 -Engagement and Transparency: The update will include a meaningful public engagement process and transparency between the public, city staff and elected leaders. More importantly, the public engagement process will target underrepresented populations. • Task 3 -Visioning and Goal Setting: SRF will screen the existing vision and goal statements based on public input. The update will explore opportunities to integrate new themes (e.g., health, resiliency and economic competitiveness) and community priorities. • Task 4 - Economic Competitiveness: The update will focus on ways to foster economic competitiveness, in turn promoting prosperity. This will include strategic planning initiatives, goal setting and project prioritization for redevelopment areas (e.g., 66th Street and Nicollet Avenue) and neighborhoods. • Task 5 -Connectivity: The update will focus on connectivity and how all modes of transportation move through -out the community. Greater emphasis will be put on pedestrian/bicycle networks, complete streets, and transit facilities. • Task 6 -Parks and Open Space: We recognize the update will require a larger effort in analyzing the park and opens space system. Special attention will be given to this plan element and to updating a "Draft Ten Year Parks Master Plan." • Task 7 - Implementation: We believe a successful comprehensive plan links the vision and goals with "realistic" action items. Refinements to the Plan's implementation chapter will focus on project prioritization and strategies to achieve meaningful outcomes. • Task 8— Updates and Modifications: The update will conform to the Metropolitan Council requirements and State Statutes. SRF will utilize findings from Tasks 2 — 7 to modify the existing plan, which includes the land use, housing, transportation, utilities, public facilities, parks and open space, and implementation chapters. Public Engagement Plan As part of this effort, we recognize the importance of public engagement. SRF and City Staff are developing a public engagement plan to ensure a meaningful and transparent planning process. Listed below are examples of public engagement strategies that are being considered. Public Engagement Strategies Pop -Up Events: Pop-up events are interactive/information booths at key locations or community events with large volumes of foot traffic. These events have proven to be very effective in collecting input from community members. In Person Surveys: SRF has invested in mobile devices to conduct in-person surveys. We can position staff at key locations (e.g., schools, the HUB, or City Hall) or during events to collect responses. One effective measure is to ride local busses and interview riders. This has been effective in targeting youth and underrepresented populations. Online Public Input Tools: SRF has invested in a variety of online public input tools. Each platform provides us the ability to develop interactive mechanisms (e.g., interactive maps, informational videos, polls or questionnaires) to garner public input. One of our newest tools includes a polling software that allows participants to respond to questions via text message. Roundtable Forums: Roundtable forums help facilitate discussions around specific topics (e.g., parks, economic development and housing). For example, a roundtable focused on parks could include a field visit. This approach helps create a much more engaging conversation around topics and issues. It also provides "boots on the ground" to clearly see and understand the strengths, opportunities and issues being raised by participants. Public Open Houses: We believe public open houses still provide value as part of the planning process. However, effective public meetings must include a healthy balance between the dissemination of information, listening and collecting feedback. SRF has used a number of techniques to ensure meetings are engaging and fun for the public. These techniques include interactive work stations, visuals, games and videos. REPORT PREPARED BY AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 6.G. STAFF REPORT NO. 214 CITY COUNCIL MEETING 12/13/2016 Jesse Swenson, Asst. HR Manager DEPARTMENT DIRECTOR REVIEW: Steven Devich 12/8/2016 OTHER DEPARTMENT REVIEW: None CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution amending the 2016-2017 labor agreement with the Police Officers & Detectives (LELS Local 123). EXECUTIVE SUMMARY: City staff has successfully completed labor negotiations with the Police Officers & Detectives (LELS Local 123), which currently has a 2 -year agreement (2016-2017). Under the terms and conditions of the contract, insurance was to be reopened for 2017. Subject to Council approval, the tentatively approved settlement with the Union provides health insurance benefits identical to those being provided to non -represented City employees, resulting in no change to the Employer contributions to monthly medical coverage. Specifically, the provisions provide a ma)amum of full coverage for Employee -only coverage, $1,135 per month for Employee plus spouse or Employee plus child(ren) coverage, and $1,215 per month for Employee plus family coverage. Additionally, the proposal increases the Employer contribution towards dental insurance to a ma)amum of $59.25 per month for Employee single dental coverage. RECOMMENDED ACTION: By motion: Approve a resolution designating the City's contribution toward health and dental insurance premiums, effective January 1, 2017, for the Police Officers & Detectives (LELS Local 123). BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The Police Officers & Detectives (LELS Local 123) bargaining unit has a two-year contract with the City for contract years 2016-2017. There is an insurance re -opener for 2017. The Employer insurance contributions negotiated with the Union are identical to those being provided to the City's non -represented employees for 2017. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy 9 The City has met and negotiated in good faith with the union and its representative and is bound under the terms of the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. The proposed settlement for the re -opener provision is identical in health and dental insurance provisions provided to non-union City employees. The City has a long history of providing the same level of health and dental insurance benefits to all eligible City employees. The health insurance contribution is well within the range for other comparable bargaining groups in similar metro cities. The City has a long history of trying to remain as close to the middle as possible of the Stanton 5 cities in terms of wages and benefits. C. CRITICAL TIMING ISSUES: • In order to allow the City's accounting personnel the ability to modify payroll records in a timely manner for 2017 benefits, it is recommended that the City Council act on December 13, 2016 to adopt the attached resolution providing for contract changes. The health and dental insurance benefits are effective January 1, 2017. D. FINANCIAL IMPACT: • Up to a ma)amum $0.25 per month increase in the City's contribution towards single dental insurance coverage. • The City's contribution towards health insurance premiums for 2017 remain unchanged from the previous year. E. LEGAL CONSIDERATION: • If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. ALTERNATIVE RECOMMENDATION(S): • Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. • Defer discussion to another date. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ Resolution RESOLUTION NO. RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS FOR EMPLOYEES COVERED BY THE LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 123 BARGAINING UNIT FOR THE YEAR 2017 WHEREAS, the City Manager and the Richfield Police Officers and Detectives LELS Local 123 have reached an understanding concerning conditions of employment for year 2016 and 2017; and WHEREAS, the labor agreement covers all terms and conditions of employment including the City contribution for insurance benefits; and WHEREAS, it would be inappropriate to penalize Richfield Police Officers and Detectives LELS Local 123 members who have negotiated in good faith; and WHEREAS, the City has historically provided the same level of health insurance contribution to all eligible City employees, both union and non-union; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. WHEREAS, the City Council is required to determine, by resolution, the City's contribution toward the premium for employee group insurance coverage. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute the maximum of full coverage for employee only health insurance coverage, $1,135 per month for employee plus spouse or employee plus child(ren) health insurance coverage, and $1,215 per month for family health insurance. Such contributions shall be for coverage effective January 1, 2017; and BE IT FURTHER RESOLVED that the City shall contribute a maximum of $59.25 per month for employee single dental insurance. Such contribution shall be for coverage effective January 1, 2017. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2016. Debbie Goettel Mayor ATTEST: Elizabeth VanHoose City Clerk REPORT PREPARED BY AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 6.H. STAFF REPORT NO. 215 CITY COUNCIL MEETING 12/13/2016 John Stark, Community Development Director DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a second reading of an ordinance authorizing the conveyance of property owned by the City of Richfield to the Richfield Housing and Redevelopment Authority. EXECUTIVE SUMMARY: One of the primary purposes of a City's Housing and Redevelopment Authority is to purchase and sell properties for redevelopment purposes. State statutes have established a more streamlined process for Housing and Redevelopment Authority's to act in this capacity. For these reasons, and based on the advice of the Housing and Redevelopment Authority's legal counsel, the City conveyed 38 properties it owned for redevelopment to the Richfield Housing and Redevelopment Authority in December 2015 and February 2016. At that time, however, the properties at 6600 17th Avenue South and 6601 16th Avenue South were inadvertently omitted. Staff is recommending the conveyance of these properties to the Housing and Redevelopment Authority. The conveyance of the properties would result in a one-time expenditure (in the book value of the properties) to City accounts and commensurate revenue to the Housing and Redevelopment Authority accounts. This transaction would be reflected in the 2016 financial reports for both the City and the Housing and Redevelopment Authority. RECOMMENDED ACTION: By motion: Approve a second reading of an ordinance authorizing the conveyance of property owned by the City of Richfield to the Richfield Housing and Redevelopment Authority (HRA). BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • Staff provided City Council members with a memo (Council Memorandum No. 28) on April 23, 2015 in which this action was recommended. • At its Worksession on April 28, 2015, City Council members discussed this topic and directed staff to draft an ordinance for formal consideration. • A First Reading of this Ordinance was conducted by the Richfield City Council at it's November 25, 2016 meeting. B. POLICIES (resolutions, ordinances, regulations, statutes, etch • State statutes prescribe a process allowing a City's HRA to purchase and sell properties for redevelopment purposes. C. CRITICAL TIMING ISSUES: If the conveyance of these two properties is not approved by the end of the year, they will not be included along with previously conveyed properties in the 2016 financial reports for the City and HRA. D. FINANCIAL IMPACT: • The conveyance of the properties would result in a one-time expenditure (in the book value of the properties) to City accounts and commensurate revenue to HRA accounts. This transaction would be reflected in the 2016 financial reports for both the City and HRA. E. LEGAL CONSIDERATION: • The ordinance was drafted by Julie Eddington, HRA legal counsel. ALTERNATIVE RECOMMENDATION(S)LI • Deny approval of a second reading and allow the subject properties to remain under the ownership of the City. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ Ordinance ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY OWNED BY THE CITY THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield, Minnesota (the "City") is governed by a home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410. 1.02 The City is the owner of two parcels of real property located in the City, as described in the attached Exhibit A (the "City Property") and legally described as shown therein. 1.03. It has been proposed that the City convey the City Property to the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota ("HRA") for the purpose of future redevelopment. Pursuant to Section 13.04 of the City's Charter, no real property of the City shall be disposed of except by ordinance. 1.04. Pursuant to Minnesota Statutes, Chapter 462.356, it has been determined that the proposed disposal of property has no relationship to the Comprehensive Plan. 1.05. The Council finds and determines that it is in the best interests of the City to convey the City Property to the HRA for the purpose of redevelopment. Section. 2 Adoption; effective date; filing 2.01 The conveyance of the City Property to the HRA is approved. The Mayor and the City Manager are authorized and directed to convey the City Property to the HRA and take all steps necessary to effect such conveyance. 2.02. This Ordinance shall take effect after the thirtieth (30`x') day, exclusive of day of publication. Passed by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Beth VanHoose, City Clerk 474686v1 JAE RC125-1 EXHIBIT A City of Richfield properties to be conveyed to Richfield HRA Lot 001, Block 001, "Cedar -Sunrise Addition", Hennepin County, Minnesota Lot 016, Block 001, "Cedar -Sunrise Addition", Hennepin County, Minnesota A-1 474686v1 JAE RC125-1 REPORT PREPARED BY AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 6.1. STAFF REPORT NO. 216 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director/Chief of Police 12/8/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the renewal of the 2017 licenses for On -Sale 3.2 Percent Malt Liquor, Off -Sale 3.2 Percent Malt Liquor and taxi companies doing business in Richfield. Licenses to Operate in Richfield Licenses to sell 3.2 Percent Malt Liquor Gold Star Taxi - 10 vehicles Portland Food Mart - Off -Sale Airport Taxi - 6 vehicles Rainbow Foods - Off -Sale Richfield Minnoco (Gas station 67th& Penn) - Off -Sale Short Stop Supperette - Off -Sale SuperAmerica #4186 - Off -Sale SuperAmerica #4188 - Off -Sale SuperAmerica #4191 - Off -Sale SuperAmerica #4615 - Off -Sale Target Corporation - Off -Sale Sandy's Tavern - On -Sale Vina Restaurant - On -Sale EXECUTIVE SUMMARY: Staff completed a staff report for each business at the time they originally applied for and received Council approval to operate their taxa business or to sell On -Sale 3.2 Percent Malt Liquor and Off -Sale 3.2 Percent Malt Liquor at their business in the City of Richfield. This is simply a request to renew their annual license for 2017. There is not a public hearing requirement for renewals for these types of licenses. The businesses named in this report are presented for Council's approval on this date. It should be noted one ta)a company failed to meet the renewal deadline. They have received two separate written notices from the City as well as numerous telephone calls from staff making them aware of the deadline and that they failed to comply within the deadline date so they are not on the agenda as of the date of this writing. They will be contacted after the Council meeting to let them know they are unable to operate in 2017 until their licenses/fees are received and they can be placed on a Council agenda for approval sometime in 2017. Some of the licensees in this particular license category seem to not be willing to adhere to deadlines like others do and this is the result of their failure to respond accordingly. RECOMMENDED ACTION: By Motion: Approve the 2017 renewal of named business licenses for On -Sale 3.2 Percent Malt Liquor and Off -Sale 3.2 Percent Malt Liquor establishments doing business in Richfield. Approve the 2017 renewal of named business licenses for taxi companies doing business in Richfield. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The listed businesses current licenses will expire on December 31, 2016. The businesses named below with the corresponding licenses are presented for Council's approval on this date. Licenses to Operate in Richfield • Gold Star Taxa - 10 vehicles • Airport Taxa - 6 vehicles Licenses to sell 3.2 Percent Malt Liquor • Portland Food Mart - Off -Sale • Rainbow Foods - Off -Sale • Richfield Minnoco (Gas station 67th& Penn) - Off -Sale • Short Stop Supperette - Off -Sale • SuperAmerica #4186 - Off -Sale • SuperAmerica #4188 - Off -Sale • SuperAmerica #4191 - Off -Sale • SuperAmerica #4615 - Off -Sale • Target Corporation - Off -Sale • Sandy's Tavern - On -Sale • Vina Restaurant - On -Sale B. POLICIES (resolutions, ordinances, regulations, statutes, etch • All businesses must annually request renewal of their 3.2 Percent Malt Liquor and Taxa Company licenses to the City Council. • Businesses must meet the requirements for renewal of their licenses. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: All license fees must be paid and application forms submitted in order to be considered for license renewal. E. LEGAL CONSIDERATION: There are no legal issues. ALTERNATIVE RECOMMENDATION(S)LI Deny the request for the renewal of 2017 licenses for On -Sale 3.2 Percent Malt Liquor, Off -Sale 3.2 Percent Malt Liquor and taxa companies doing business in Richfield. This would result in the applicants not being able to conduct business within the City in 2017. However, there have been no issues with any of these listed establishments and the Public Safety Department has found no reason to deny any of the requested licenses. PRINCIPAL PARTIES EXPECTED AT MEETING: Businesses have been notified of the date of presentation to the City Council but are not required to attend. AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 8. STAFF REPORT NO. 217 CITY COUNCIL MEETING 12/13/2016 REPORT PREPARED BY Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2017 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. 7529 Lyndale Avenue South. EXECUTIVE SUMMARY: On October 25, 2016, the City received the application materials for the renewal of Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. 7529 Lyndale Avenue South. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. This agenda item is the first request out of two for the renewal of Pawnbroker and Secondhand Goods Dealers' licenses. If no Council member objects, the Council may conduct a single public hearing for all of the license approvals and may pass all of the resolutions with a single motion. If a single/individual public hearing is called for, the Mayor should require each speaker to identify the particular license to which the person is speaking. Any Council member may request that the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. 7529 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 25, 2016, the City received the application and other required documents for Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent • The $5,000 bond has been submitted. • Environmental health staff has received no complaints regarding Metro Pawn & Gun in the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The Pawnbroker and Secondhand Goods Dealer licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy Richfield City Code Sections 1186 and 1187 require owners of Pawnbroker and Secondhand Goods Dealer licensed establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: There are no legal issues. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain Pawnbroker and Secondhand Goods Dealer licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Metro Pawn & Gun, Inc. staff ATTACHMENTS: Description Type D Summary of background investigation and breakdown of Backup Materia Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR METRO PAWN & GUN, INC. Officers: Mark Nichols, Owner Elizabeth Nichols, Owner Criminal Histo Mark Nichols has no known criminal record. Elizabeth Nichols has no known criminal record. John Kunst, who serves as the On -Premise Manager, has no known criminal record. Premises: The property is owned by Mark and Elizabeth Nichols. All payments are current. Record of Service Calls: There were seven Public Safety/Police contacts with Metro Pawn & Gun, Inc. from October 2015 through September 2016. This compares with eight contacts for the previous year. A breakdown of these contacts is attached to this report. Routine Information: The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Metro Pawn & Gun, Inc. Directors and Officers Mark Nichols Owner Elizabeth Nichols Owner PUBLIC SAFETY CONTACTS October 2015 through September 2016 Metro Pawn & Gun, Inc. The criminal contacts from October 2015 through September 2016 were: one possession of stolen property, two suspicious vehicles, one theft and one welfare check. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 8 7 CRIMINAL CONTACTS 7 5 Incidents (see bottom of page for specifics) (5) (5) Alarm (2) (0) MISC. NON -CRIMINAL 1 2 Assists (1) (0) Traffic (0) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts from October 2015 through September 2016 were: one possession of stolen property, two suspicious vehicles, one theft and one welfare check. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 9. STAFF REPORT NO. 218 CITY COUNCIL MEETING 12/13/2016 REPORT PREPARED BY Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 Pawnbroker and Secondhand Goods Dealer licenses for University Cash Company, Inc., d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. EXECUTIVE SUMMARY: On November 9, 2016, the City received the application materials for the renewal of Pawnbroker and Secondhand Goods Dealer licenses for University Cash Company, Inc., d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 Pawnbroker and Secondhand Goods Dealer licenses for University Cash Company, Inc. d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On November 9, 2016, the City received the application and other required documents for Pawnbroker and Secondhand Goods Dealer licenses for University Cash Company, Inc. d/b/a Avi's Pawn & Jewelry. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • The $5,000 bond has been submitted. • Environmental health staff has received no complaints regarding Avi's Pawn & Jewelry in the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The Pawnbroker and Secondhand Goods Dealer licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etch Richfield City Code Sections 1186 and 1187 require owners of Pawnbroker and Secondhand Goods Dealer licensed establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATION(S)LI • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain Pawnbroker and Secondhand Goods Dealer licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Avi's Pawn & Jewelry representative ATTACHMENTS: Description Type ❑ 2017 Avi's Summary of Background Cover Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR UNIVERSITY CASH COMPANY, INC. d/b/a AVI'S PAWN & JEWELRY Off irers- Andy Strauss, Owner Criminal Histo Andy Strauss has no known criminal record. Charles Hayes, who serves as the On -Premise Manager, has no known criminal record. Premises: The property is owned by L.N.S. Real Estate Partnership. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were six Public Safety/Police contacts with Avi's Pawn & Jewelry from October 2015 through September 2016. This compares with three contacts for the previous year. A breakdown of these contacts is attached to this report. Routine Information: The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Avi's Pawn & Jewelry Directors and Officers Andy Jason Strauss Owner -------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2015 through September 2016 Avi's Pawn & Jewelry The criminal contacts from October 2015 through September 2016 were: one suspicious vehicle, one theft and one trespass. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 3 6 CRIMINAL CONTACTS 2 3 Incidents (see bottom of page for specifics) (1) (3) Alarm (1) (0) MISC. NON -CRIMINAL 1 3 Assists (0) (2) Traffic (1) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2015 through September 2016 were: one suspicious vehicle, one theft and one trespass. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 10. STAFF REPORT NO. 219 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 Club On -Sale Intoxicating and Sunday Liquor licenses for Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink, 6715 Lakeshore Drive. EXECUTIVE SUMMARY: On November 2, 2016, the City received the application materials for the renewal of Club On -Sale and Sunday Liquor licenses, for Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. This agenda item is the first request out of two for the renewal of Club On -Sale and Sunday Liquor licenses. Of the remaining one, if no Council member objects, the Council may conduct a single public hearing for the license approvals and may pass both of the resolutions with a single motion. If a single/individual public hearing is called, the Mayor should require each speaker to identify the particular license to which the person is speaking. Any Council member may request the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 Club On -Sale and Sunday Liquor licenses for Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink, 6715 Lakeshore Drive. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On November 2, 2016, the City received the application and other required documents for Club On -Sale and Sunday Liquor licenses for Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Integrity Mutual Insurance Co. affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 49% of the total sales, while liquor accounted for 51 % of the total sales. Due to the fact they are a club/veterans organization, they are exempt from meeting the code requirement that states, "more than 50% of business activities must be related to the service of food". • Environmental health staff has received no complaints regarding Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The Club On -Sale and Sunday Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of Club On -Sale and Sunday Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain Club On -Sale and Sunday Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: V.F.W. representative. ATTACHMENTS: Description Type D VFW Background Summary and breakdown of Public Backup Material Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FRED BABCOCK V.F.W. POST NO. 5555 d/b/a FOUR NICKELS FOOD AND D]C11►1:/ Officers: Deborah Vangel, Commander David Dahlquist, Sr. Commander John Barnes, Quarter Master Criminal History: Deborah Vangel has no known criminal record. David Dahlquist has no known criminal record. John Barnes has no known criminal record. Valerie Olson, who serves as the On -Premise Manager, has no known criminal record. Premises: Gramercy Park Cooperative at Lake Shore Drive is the owner of the property. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were eight Public Safety/Police contacts with Four Nickels Food & Drink from October 2015 through September 2016. This compares with 13 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Four Nickels Food & Drink was April 3, 2008. Routine Information: Club On -Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of Club On -Sale and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Four Nickels Food and Drink Directors and Officers Deborah Vangel David Dahlquist John Barnes Commander Sr. Commander Quarter Master PUBLIC SAFETY CONTACTS October 2015 through September 2016 Four Nickels Food and Drink The criminal contacts from October 2015 through September 2016 were: one order for protection, two suspicious vehicles, one welfare check and one alarm. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 13 8 CRIMINAL CONTACTS 8 5 Incidents (see bottom of page for specifics) (5) (4) Alarm (3) (1) MISC. NON -CRIMINAL 5 3 Assists (1) (1) Traffic (4) (2) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2015 through September 2016 were: one order for protection, two suspicious vehicles, one welfare check and one alarm. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 11. STAFF REPORT NO. 220 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Serivices Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of the 2017 Club On -Sale and Sunday Liquor licenses for Minneapolis -Richfield American Legion Post No. 435, 6501 Portland Avenue South. EXECUTIVE SUMMARY: On November 8, 2016, the City received the application materials for the renewal of Club On -Sale and Sunday Liquor licenses for Minneapolis -Richfield American Legion Post No. 435, 6501 Portland Avenue South. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 Club On -Sale and Sunday Liquor licenses for Minneapolis -Richfield American Legion Post No. 435, 6501 Portland Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On November 8, 2016, the City received the application and other required documents for Club On -Sale and Sunday Liquor licenses for Minneapolis -Richfield American Legion Post No. 435. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Integrity Mutual Insurance Co. affording coverage. Workers' compensation insurance has also been supplied.. • Environmental health staff has received no complaints regarding the Minneapolis -Richfield American Legion for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The Club On -Sale and Sunday Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etch Richfield City Code Section 1202 requires owners of Club On -Sale and Sunday Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S)LI • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain Club On -Sale and Sunday Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: American Legion representative ATTACHMENTS: Description Type D 2017 Mpls-Richfield American Legion Summary of Backup Material Background SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR MINNEAPOLIS -RICHFIELD AMERICAN LEGION POST No. 435 Off irers- Thomas Eckhoff, Commander Robert Newcomb, Finance Officer Criminal History: Thomas Eckhoff has no known criminal record. Robert Newcomb has a DWI conviction from 2014. Jeffrey Husaby, who serves as the On -Premise Manager, has a Damage to Property and a DWI conviction from 1995 and a Domestic Assault from 1996. Premises: The property and building continue to be owned by the American Legion. Record of Service Calls: There were 21 Public Safety/Police contacts with Minneapolis -Richfield American Legion Post 435 from October 2015 through September 2016. This compares with 18 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Minneapolis -Richfield American Legion was March 19, 2010. Routine Information: Club On -Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on Club On -Sale and Sunday Liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Minneapolis -Richfield American Legion Post No. 435 Directors and Officers Thomas Eckhoff Robert Newcomb Commander Finance Officer PUBLIC SAFETY CONTACTS October 2015 through September 2016 Minneapolis -Richfield American Legion Post No. 435 The criminal contacts from October 2015 through September 2016 were: one auto theft, one customer trouble, one DWI, one accident, three suspicious vehicles, one theft, one unwanted guest, one warrant arrest and one alarm. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 18 21 CRIMINAL CONTACTS 13 11 Incidents (see bottom of page for specifics) (10) (10) Alarm (3) (1) MISC. NON -CRIMINAL 5 10 Assists (1) (5) Traffic (4) (4) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts from October 2015 through September 2016 were: one auto theft, one customer trouble, one DWI, one accident, three suspicious vehicles, one theft, one unwanted guest, one warrant arrest and one alarm. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 12. STAFF REPORT NO. 221 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7644 Lyndale Avenue South. EXECUTIVE SUMMARY: On October 28, 2016, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Me)acan Grill of Colorado, LLC, d/b/a Chipotle Me)acan Grill. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. This agenda item is the first request out of nine for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. Of the remaining eight, if no Council member objects, the Council may conduct a single public hearing for all of the license approvals and may pass all of the resolutions with a single motion. If a single/individual public hearing is called, the Mayor should require each speaker to identify the particular license to which the person is speaking. Any Council member may request the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, 7644 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 28, 2016, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Safety National Casualty Corporation affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period for October 2015 through September 2016. The statement indicates food sales accounted for 99% of the total sales, while liquor accounted for 1% of the total sales. • Environmental health staff has received no complaints regarding Chipotle Mexican Grill for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S)LI • The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Chipotle Mexican Grill representative. ATTACHMENTS: Description Type D Chipotle Mexican Grill Summary of Background and Backup Material breakdown of Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR CHIPOTLE MEXICAN GRILL OF COLORADO, LLC d/b/a CHIPOTLE MEXICAN GRILL Officers: Matthew Ells, President, LLC Manager - Denver, Colorado Montgomery Moran, Vice President, LLC Manager - Boulder, Colorado Criminal History: Matthew Ells has no known criminal record. Montgomery Moran has no known criminal record. Daniel Bloss, who serves as the On -Premise Manager, has no known criminal record. Premises: Lyndale Gateway, LLC is the owner of the property. The lease between the applicant and the landlord is in effect with all payments current. Record of Service Calls: There were 11 Public Safety/Police contacts with Chipotle Mexican Grill from October 2015 through September 2016. This compares with five contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Chipotle Mexican Grill. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Chipotle Mexican Grill, LLC Directors and Officers Matthew Ells President, LLC Manager — Denver, Colorado Montgomery Moran Vice President, LLC Manager — Boulder, Colorado ----------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2015 through September 2016 Chipotle Mexican Grill The criminal contacts from October 2015 through September 2016 were: two hit and run, four accident, one theft, one suspicious vehicle. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 5 11 CRIMINAL CONTACTS 3 8 Incidents (see bottom of page for specifics) (2) (8) Alarm (1) (0) MISC. NON -CRIMINAL 2 3 Assists (2) (2) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts from October 2015 through September 2016 were: two hit and run, four accident, one theft, one suspicious vehicle. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 13. STAFF REPORT NO. 222 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Davanni's, Inc. d/b/a Davanni's Pizza and Hot Hoagies, 6345 Penn Avenue South. EXECUTIVE SUMMARY: On October 25, 2016, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Davanni's, Inc., d/b/a Davanni's Pizza and Hot Hoagies. All required information and documents have been received. All licensing fees have been paid. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Davanni's, Inc., d/b/a Davanni's Pizza and Hot Hoagies, 6345 Penn Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 25, 2016, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Davanni's, Inc. d/b/a Davanni's Pizza and Hot Hoagies. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been provided showing West Bend Mutual affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 99% of the total sales, while the liquor accounted for 1% of the total sales. • Environmental health staff has received no complaints regarding Davanni's Pizza and Hot Hoagies for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy Richfield City Code Section 1202 requires owners of On -Sale Wine establishments to comply with all the provisions of both City Code and State Statues. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Davanni's representative. ATTACHMENTS: Description Type Davanni's Pizza and Hot Hoagies Summary of Background Backup Material and breakdown of Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION FOR DAVANNI'S, INC. d/b/a DAVANNI'S PIZZA AND HOT HOAGIES Officers: Robert Stupka — President Gladstone Stenson — Owner/CEO Kristina Silva — Owner Katherine Stenson — Owner Criminal History: Robert Stupka has no known criminal record. Gladstone Stenson has no known criminal record. Kristina Silva has no known criminal record. Katherine Stenson has no known criminal record. Melissa Morrissette, who serves as the General Manager, has no known criminal record. Premises - Rich D, LLC is the owner of the property. The lease between the applicant and the landlord is in effect with all payments current. Record of Service Calls: There were three Public Safety/Police contacts with Davanni's from October 2015 through September 2016. This compares with two contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Davanni's Pizza and Hot Hoagies was 2007. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Davanni's Pizza and Hot Hoagies Robert Stupka Gladstone Stenson Kristina Silva Katherine Stenson TOTAL CONTACTS Directors and Officers Owner/President Owner/CEO Owner Owner PUBLIC SAFETY CONTACTS October 2015 through September 2016 Davanni's Pizza and Hot Hoagies CRIMINAL CONTACTS Incidents (see bottom of page for specifics) Alarm MISC. NON -CRIMINAL 2015 2016 2 3 2 2 (2) (2) (0) (0) 0 1 Assists (0) (0) Traffic (0) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2015 through September 2016 were: two suspicious vehicles. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 14. STAFF REPORT NO. 223 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya Thai Restaurant, 7545 Lyndale Avenue South. EXECUTIVE SUMMARY: On November 2, 2016, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya Thai Restaurant. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya Thai Restaurant, 7545 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On November 2, 2016, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Travelers Casualty Insurance Company of America affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 97% of the total sales, while liquor accounted for 3% of the total sales. • Environmental health staff has received no complaints regarding Joy's Pattaya Thai Restaurant for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Joy's Pattaya Thai Restaurant representative. ATTACHMENTS: Description Type D Joys Pattaya Summary of Background and breakdown of Backup Material Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR JOY'S PATTAYA THAI RESTAURANT, LLC d/b/a JOY'S PATTAYA THAI RESTAURANT Officers: Dale Mueller, Owner Joy Mueller, Owner Criminal History: Dale Mueller has no known criminal record. Joy Mueller, who also serves as the On -Premise Manager, has no known criminal record. Premises: Kenneth Johnson of JSB Corporation, Bloomington, Minnesota, is the owner of the property. The current lease with the applicants is in effect with all payments current. Record of Service Calls: There were two Public Safety/Police contacts with Joy's Pattaya Thai Restaurant from October 2015 through September 2016. This compares with three contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Joy's Pattaya Thai Restaurant. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Joy's Pattaya Thai Restaurant Directors and Officers Dale Mueller Joy Mueller Owner Owner PUBLIC SAFETY CONTACTS October 2015 through September 2016 Joy's Pattaya Thai Restaurant There were no criminal contacts from October 2015 through September 2016. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 3 2 CRIMINAL CONTACTS 0 0 Incidents (see bottom of page for specifics) (0) (0) Alarm (0) (0) MISC. NON -CRIMINAL 3 2 Assists (3) (1) Traffic (0) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) There were no criminal contacts from October 2015 through September 2016. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 15. STAFF REPORT NO. 224 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians at the Richfield Ice Arena, 636 East 66th Street. EXECUTIVE SUMMARY: On October 11, 2016, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians at the Richfield Ice Arena, 636 East 66th Street. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 11, 2016, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Illinois Union Insurance Company affording the coverage. Workers' compensation insurance has also been supplied. • Alcohol sales at the Richfield Ice Arena fall under Minnesota 2014 Law Chapter 240, Section 22, therefore, there is no requirement of a food/alcohol sales ratio for the Minnesota Magicians. • Environmental health staff has received no complaints regarding Minnesota Magicians for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Minnesota Magicians representative. ATTACHMENTS: Description Type D 2017 Summary Background MN Magician; Backup Material SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR MINNESOTA JUNIOR HOCKEY GROUP, LLC d/b/a MINNESOTA MAGICIANS RICHFIELD ICE ARENA LOCATION Officers: Scott Meyer — President Kevin Ingvalson — Vice President Joe Pankratz — Owner Scott Krueger — Owner Criminal Histo Criminal history checks were conducted on all of the applicants. The applicants showed no convictions that would prevent them from holding or being party to a liquor license. Scott Meyer — President, Kevin Ingvalson — Vice President and Joe Pankratz — Owner will be serving as the On -Premise Managers. Premises: The applicants have provided a copy of the rental agreement showing The City of Richfield holding financial interest as lessor of the property. Record of Service Calls: ►ym There were 47 Public Safety/Police contacts located at the Richfield Ice Arena from October 2015 through September 2016. It is difficult to differentiate between Minnesota Magicians and the ice arena in terms of which calls belonged to whom. As a result of Minnesota Magicians at the Richfield Ice Arena only obtaining their wine license in November of 2015, there are no prior records to compare. A breakdown of these contacts is attached to this report. There are no violations for the sale to underage youth for Minnesota Magicians located at the Richfield Ice Arena. Routine Information: On Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. MN Magicians Directors and Officers Scott Meyer Kevin Ingvalson Joe Pankratz Scott Krueger President Vice President Owner Owner PUBLIC SAFETY CONTACTS October 2015 through September 2016 MN Magicians 2016 TOTAL CONTACTS (47) CRIMINAL CONTACTS 31 Incidents (see bottom of page for specifics) (27) Alarm (4) MISC. NON -CRIMINAL 16 Assists (4) Traffic (11) Inspections/Licensing (0) Medical/Fire (1) The criminal contacts from October 2015 through September 2016 were: two damages to properties, one disturbance, one DWI, eight extra patrols, one accident, four suspicious activities, seven suspicious vehicles, three thefts from autos and four alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 16. STAFF REPORT NO. 225 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for My Burger Operations, LLC d/b/a My Burger, 6555 Lyndale Avenue South. EXECUTIVE SUMMARY: On November 10, 2016, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for My Burger Operations, LLC, d/b/a My Burger. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for My Burger Operations, LLC, d/b/a My Burger, 6555 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On November 10, 2016, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for My Burger. The applicant has satisfied the following requirements for issuance of licenses: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of commercial and liquor liability insurance have been received showing West Bend Mutual as affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 98% of the total sales, while liquor accounted for 2% of the total sales. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor license establishments to comply with all the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: Licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution No. 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. • Schedule the hearing for another date. However, this will delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: My Burger representative. ATTACHMENTS: Description Type D 2017 My Burger Background Summary SUMMARY OF BACKGROUND INVESTIGATION FOR MY BURGER OPERATIONS, LLC d/b/a MY BURGER Officers: John Lawrence Abdo — President Paul Melvin Abdo — Vice President Criminal Histories: John Abdo, who also serves as the On -Premise Manager, has no known criminal record. Paul Abdo has no known criminal record. Premises: Lyndale Station, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were ten Public Safety/Police contacts with My Burger from October 2015 through September 2016. My Burger opened in August of 2015, so there are no previous records to compare. A breakdown of these contacts is attached to this report. Violations: There was one violation for sale of alcohol to underage youth in March of 2016. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. My Burger Directors and Officers John Lawrence Abdo President Paul Melvin Abdo Vice President PUBLIC SAFETY CONTACTS October 2015 through September 2016 My Burger TOTAL CONTACTS CRIMINAL CONTACTS Incidents (see bottom of page for specifics) Alarm MISC. NON -CRIMINAL 2015 2016 0 10 0 8 (0) (4) (0) (4) 0 2 Assists (0) (1) Traffic (0) (0) Inspections/Licensing (0) (1) Medical/Fire (0) (0) The criminal contacts from October 2015 through September 2016 were: two customer troubles, one assault, one suspicious activity and four alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 17. STAFF REPORT NO. 226 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 1732 66th Street East. EXECUTIVE SUMMARY: On October 25, 2016, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. — Colorado, Inc. d/b/a Noodles & Company. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc., d/b/a Noodles & Company, 1732 66th Street East. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 25, 2016, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. — Colorado, Inc. d/b/a Noodles & Company. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Travelers Property Casualty Company of America affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 99% of the total sales, while liquor accounted for 1% of the total sales. • Environmental health staff has received no complaints regarding Noodles & Company for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Noodles and Company representative. ATTACHMENTS: Description Type D 2017 Noodles & Co. Summary Background SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR THE NOODLE SHOP, CO. COLORADO INC, d/b/a NOODLES & COMPANY (1732 66TH STREET EAST) Officers: Paul Strasen, President/Vice-President David Boennighausen, Secretary Criminal Histo Paul Strasen has no known criminal record. Dave Boennighausen has no known criminal record. Christopher Wagner, who serves as the On -Premise Manager, has no known criminal record. Premises: Ryan Companies US, Inc. is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were 17 Public Safety/Police contacts with Noodles & Company from October 2015 through September 2016. This compares with four contacts for the previous year. A breakdown of these contacts is attached to this report. Vinlatinns- From October 1, 2015 to September 30, 2016, there were no violations for the sale of alcohol to underage youth with Noodles & Company. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance of renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Noodles & Company (173266 1h) Directors and Officers Paul Strasen PresidentNice-President David Boennighausen Secretary PUBLIC SAFETY CONTACTS October 2015 through September 2016 Noodles & Company The criminal contacts from October 2015 through September 2016 were: one DWI, one welfare check and 12 alarms. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 4 17 CRIMINAL CONTACTS 3 14 Incidents (see bottom of page for specifics) (1) (2) Alarm (2) (12) MISC. NON -CRIMINAL 1 3 Assists (1) (2) Traffic (0) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2015 through September 2016 were: one DWI, one welfare check and 12 alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 18. STAFF REPORT NO. 227 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 7630 Lyndale Avenue South. EXECUTIVE SUMMARY: On October 25, 2016, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc., d/b/a Noodles & Company. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 7630 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 25, 2016, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Noodles & Company. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Travelers Property Casualty Company of America affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 99% of total sales, while liquor accounted for 1 % of total sales. • Environmental health staff has received no complaints regarding Noodles & Company for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Noodles and Company representative. ATTACHMENTS: Description Type D 2017 Noodles & Co. Summary of Background Backup Material SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR THE NOODLE SHOP, CO. COLORADO INC. d/b/a NOODLES & COMPANY (7630 LYNDALE AVENUE) Officers - Paul Strasen, President/Vice President Dave Boennighausen, Secretary Criminal History: Paul Strasen has no known criminal record. Dave Boennighausen has no known criminal record. Ryan Bjerke, who serves as On -Premise Manager, has no known criminal record. Premises: Lyndale Gateway, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were 14 Public Safety/Police contacts with Noodles & Company from October 2015 through September 2016. This compares with ten contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: From October 1, 2015 to September 30, 2016 there were no violations for the sale of alcohol to underage youth with Noodles & Company. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Noodles & Company (7630 Lyndale) Directors and Officers Paul Strasen PresidentNice President David Boennighausen Secretary PUBLIC SAFETY CONTACTS October 2015 through September 2016 Noodles & Company The criminal contacts from October 2015 through September 2016 were: one hit and run, one damage to property, one accident, one disturbance and two alarms. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 10 14 CRIMINAL CONTACTS 8 6 Incidents (see bottom of page for specifics) (4) (4) Alarm (4) (2) MISC. NON -CRIMINAL 2 8 Assists (1) (0) Traffic (1) (2) Inspections/Licensing (0) (4) Medical/Fire (0) (2) The criminal contacts from October 2015 through September 2016 were: one hit and run, one damage to property, one accident, one disturbance and two alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 19. STAFF REPORT NO. 228 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick's French Bakery, Inc., d/b/a Patrick's Bakery & Cafe, 2928 66th Street West. EXECUTIVE SUMMARY: On October 31, 2016, the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick's French Bakery, Inc., d/b/a Patrick's Bakery & Cafe. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Cafe, 2928 66th Street West. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 31, 2016, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick's French Bakery, Inc. d/b/a Patrick's Bakery Cafe. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Continental Casualty Company affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 96% of the total sales, while liquor accounted for 4% of the total sales. • Environmental health staff has received no complaints regarding Patrick's Bakery & Cafe for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain On -sale Wine and 3.2 Percent Malt Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Patrick's Bakery representative. ATTACHMENTS: Description Type D Patrick's Bakery & Cafe Summary of Background and Backup Material breakdown of Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PATRICK'S FRENCH BAKERY, INC. d/b/a PATRICK'S BAKERY & CAFE Officers: Patrick Bernet, President Rafieh (Azita) Bernet, Vice -President Criminal Histo Patrick Bernet has no known criminal record. Rafieh, who also serves as the On - Premise Manager, has no known criminal record. Premises: Patrick Bernet is the owner of the property. Venture Bank and Wells Fargo are the mortgage companies. All payments are current. Record of Service Calls: There were three Public Safety/Police contacts with Patrick's Bakery & Cafe from October 2015 through September 2016. This compares with four contacts for the previous year. A breakdown of these contacts is attached to this report. Vinlatinns- The most recent violation for the sale of alcohol to underage youth with Patrick's Bakery & Cafe was in June 2012. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Patrick's Bakery & Cafe Directors and Officers Patrick Bernet President Rafieh Bernet Vice -President PUBLIC SAFETY CONTACTS October 2015 through September 2016 Patrick's Bakery & Cafe The criminal contacts from October 2015 through September 2016 were: one DWI and one accident. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 4 3 CRIMINAL CONTACTS 3 2 Incidents (see bottom of page for specifics) (2) (2) Alarm (1) (0) MISC. NON -CRIMINAL 1 1 Assists (1) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2015 through September 2016 were: one DWI and one accident. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 20. STAFF REPORT NO. 229 CITY COUNCIL MEETING 12/13/2016 REPORT PREPARED BY Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Henry Thou, d/b/a Red Pepper Chinese Restaurant, 2910 66th Street West. EXECUTIVE SUMMARY: On November 8, 2016 the City received the application materials for the renewal of On -Sale Wine and 3.2 Percent Malt Liquor licenses for Henry Thou, d/b/a Red Pepper Chinese Restaurant. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Wine and 3.2 Percent Malt Liquor licenses for Henry Thou, d/b/a Red Pepper Chinese Restaurant, 2910 66th Street West. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On November 8, 2016, the City received the application and other required documents for On -Sale Wine and 3.2 Percent Malt Liquor licenses for Red Pepper Chinese Restaurant. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Scottsdale Insurance Company affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 98% of the total sales, while liquor accounted for 2% of the total sales. • Environmental health staff has received no complaints regarding Red Pepper Chinese Restaurant for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Wine and 3.2 Percent Malt Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain On -Sale Wine and 3.2 Percent Malt Liquor licenses. Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Red Pepper representative. ATTACHMENTS: Description Type D Red Pepper Summary of Background and breakdown of Backup Material Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION FOR HENRY THOU d/b/a RED PEPPER CHINESE RESTAURANT Officer(s): Henry Thou, Owner Criminal History: Henry Thou has no known criminal record. Premises: DRFC Southdale Square, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There was one Public Safety/Police contact with Red Pepper Chinese Restaurant from October 2015 through September 2016. This compares with zero contacts for the previous year. Violations: There have been no violations for the sale of alcohol to underage youth with Red Pepper Chinese Restaurant. Routine Information: On -Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distant requirements to notify neighbors of the issuance of new On - Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Red Pepper Chinese Restaurant Directors and Officers Henry Thou Owner PUBLIC SAFETY CONTACTS October 2015 through September 2016 Red Pepper Chinese Restaurant The criminal contact from October 2015 through September 2016 was: one suspicious vehicle. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 0 1 CRIMINAL CONTACTS 0 0 Incidents (see bottom of page for specifics) (0) (1) Alarm (0) (0) MISC. NON -CRIMINAL 0 0 Assists (0) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contact from October 2015 through September 2016 was: one suspicious vehicle. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 21. STAFF REPORT NO. 230 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc. d/b/a Frenchman's, 1400 66th Street East. EXECUTIVE SUMMARY: On October 28, 2016, the City received the application materials for the renewal of On -Sale Into)acating and Sunday Liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc. d/b/a Frenchman's. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. This agenda item is the first request out of nine for the renewal on On -Sale Into)acating and Sunday Liquor licenses. Of the remaining eight, if no Council member objects, the Council may conduct a single public hearing for all of the licenses approvals and may pass all of the resolutions with a single motion. If a single/individual public hearing is called, the Mayor should require each speaker to identify the particular license to which the person is speaking. Any Council member may request that the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc. d/b/a Frenchman's, 1400 66th Street East. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 28, 2016, the City received the application and other required documents for On -Sale Intoxicating and Sunday Liquor licenses for Frenchman's. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Scottsdale Insurance affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 54% of the total sales, while liquor accounted for 46% of the total sales. • Environmental health staff has received no complaints regarding Frenchman's for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The On -Sale Intoxicating and Sunday Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Frenchman's representative. ATTACHMENTS: Description Type D Frenchman's Summary of Background and breakdown of Backup Materia. Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FRENCHMAN'S PUB, INC. d/b/a FRENCHMAN'S Officers: Mary Blake, Owner Criminal Histo Mary Blake has a felony drug conviction from 1996, a DWI in 1999, a DWI in 2004, a fifth degree drug conviction in 2005 and a first degree DWI in 2007. Brant Ostlund, who serves as the On Premise Manager, has a DWI from 2008. Premises: Mary Blake is the owner of the property and Venture Bank in Bloomington is the Mortgage Company. All payments are current. Record of Service Calls: There were 18 Public Safety/Police contacts with Frenchman's from October 2015 through September 2016. This compares with 22 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Frenchman's was June 8, 2004. Routine Information: On -Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on On -Sale Intoxicating and Sunday Liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Frenchman's Directors and Officers Mary Blake Owner PUBLIC SAFETY CONTACTS October 2015 through September 2016 Frenchman's The criminal contacts from October 2015 through September 2016 were: one damage to property, three disturbances, one DWI, one fight, one fraud, one possible underage consumption/none found, one suspicious activity, one suspicious vehicle, two thefts and four alarms. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 22 18 CRIMINAL CONTACTS 13 16 Incidents (see bottom of page for specifics) (8) (12) Alarm (5) (4) MISC. NON -CRIMINAL 9 2 Assists (3) (0) Traffic (6) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts from October 2015 through September 2016 were: one damage to property, three disturbances, one DWI, one fight, one fraud, one possible underage consumption/none found, one suspicious activity, one suspicious vehicle, two thefts and four alarms. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 22. STAFF REPORT NO. 231 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for EI Tejaban Mexican Restaurant, LLC d/b/a EI Tejaban Mexican Grill, 6519 Nicollet Avenue South. EXECUTIVE SUMMARY: On November 16, 2016, the City received the application and other required documents for the renewal of On -Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for EI Tejaban Mexican Restaurant, LLC d/b/a EI Tejaban Mexican Grill. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for EI Tejaban Mexican Restaurant, LLC d/b/a EI Tejaban Mexican Grill, 6519 Nicollet Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On November 16, 2016, the City received the application and other required documents for On -Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for EI Tejaban Mexican Grill. The applicant has satisfied the following requirements for the issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been provided showing Travelers Casualty Insurance Company of America affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 86% of the total sales, while liquor accounted for 14% of the total sales. • Environmental health staff has received no complaints regarding EI Tejaban Mexican Grill for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Intoxicating and Sunday Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etch Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday Liquor, with optional 2 a.m. closing, establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S)LI • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: EI Tejaban representative. ATTACHMENTS: Description Type ❑ 2017 EI Tejaban Summary of Background Backup Materia SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR EL TEJABAN MEXICAN RESTAURANT, LLC d/b/a EL TEJABAN MEXICAN GRILL Officers - Miguel Hernandez, Owner Rosa Zambrano, Owner Criminal History: Miguel Hernandez, who also serves as On -Premise Manager, has a disorderly conduct and a domestic assault from 2011. Rosa Zambrano has no known criminal record. Premises: Centro Bradley SPE, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were six Public Safety/Police contacts with EI Tejaban Mexican Grill from October 2015 through September 2016. This compares with 12 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth for EI Tejaban Mexican Grill. Routine Information: On -Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. EI Tejaban Mexican Grill Directors and Officers Miguel Hernandez Owner Rosa Zambrano Owner PUBLIC SAFETY CONTACTS October 2015 through September 2016 EI Tejaban Mexican Grill The criminal contacts from October 2015 through September 2016 were: one auto theft, one customer trouble and two disturbances. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 12 6 CRIMINAL CONTACTS 7 4 Incidents (see bottom of page for specifics) (5) (4) Alarm (2) (0) MISC. NON -CRIMINAL 5 2 Assists (5) (1) Traffic (0) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2015 through September 2016 were: one auto theft, one customer trouble and two disturbances. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 23. STAFF REPORT NO. 232 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses with outside service, for Thompson's Fireside Pizza, Inc., d/b/a Fireside Foundry, 6736 Penn Avenue South. EXECUTIVE SUMMARY: On October 27, 2016, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday Liquor licenses with outside service, for Thompson's Fireside Pizza, Inc., d/b/a Fireside Foundry. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses with outside service, for Thompson's Fireside Pizza, Inc., d/b/a Fireside Foundry, 6736 Penn Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 27, 2016, the City received the application and other required documents for On -Sale Intoxicating and Sunday Liquor licenses with outside service for Fireside Foundry. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are current. • Proof of liquor liability insurance has been received showing West Bend Mutual as affording coverage. Worker's compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 70% of the total sales, while liquor accounted for 30% of the total sales. • Environmental health staff has received no complaints regarding Fireside Foundry for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Intoxicating and Sunday liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday Liquor establishments to comply with all the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution No. 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday Liquor licenses. • Schedule the hearing for another date. However, this will delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Fireside Foundry representative. ATTACHMENTS: Description Type Fireside Foundry Summary of Background and breakdown Backup Material of Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR THOMPSON'S FIRESIDE PIZZA, INC. d/b/a FIRESIDE FOUNDRY Officers: Richard Thompson, Owner Criminal History: Richard Bruce Thompson has no known criminal record. Kim Zeigler, who serves as the General Manager, has no known criminal record. Premises - Richard Thompson is the owner of the property. All payments are current. Record of Service Calls: There were five Public Safety/Police contacts with Fireside Foundry from October 2015 through September 2016. This compares with five contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: Thompson's Fireside Foundry has received no violations for the sale of alcohol to underage youth. Routine Information: On -Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Fireside Foundry Directors and Officers Richard Thompson Owner PUBLIC SAFETY CONTACTS October 2015 through September 2016 Fireside Foundry The criminal contacts from October 2015 through September 2016 were: one DWI and one intoxicated person. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 5 5 CRIMINAL CONTACTS 2 2 Incidents (see bottom of page for specifics) (2) (2) Alarm (0) (0) MISC. NON -CRIMINAL 3 3 Assists (1) (0) Traffic (2) (3) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2015 through September 2016 were: one DWI and one intoxicated person. (Numbers in parenthesis are included in total contact figures) REPORT PREPARED BY AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 24. STAFF REPORT NO. 233 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the approval of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses for GM Richfield, LLC, d/b/a Four Points by Sheraton Minneapolis Airport, 7745 Lyndale Avenue South. EXECUTIVE SUMMARY: On October 31, 2016, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday Liquor licenses for GM Richfield, LLC, d/b/a Four Points by Sheraton Minneapolis Airport, 7745 Lyndale Avenue South. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses for GM Richfield, LLC, d/b/a Four Points by Sheraton Minneapolis Airport, 7745 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 31, 2016, the City received the application and other required documents for On -Sale Intoxicating and Sunday Liquor licenses for Four Points by Sheraton Minneapolis Airport. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are current. • Proof of liquor liability insurance has been received showing American Family Mutual Insurance affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 75% of total sales, while liquor accounted for 25% of the total sales. • Environmental health staff has received no complaints regarding Four Points by Sheraton Minneapolis Airport for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. On -Sale Intoxicating and Sunday Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etch Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday Liquor establishments to comply with all the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S)LI • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday Liquor licenses. • Schedule the hearing for another date. However, this will delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Four Points by Sheraton Minneapolis Airport representative. ATTACHMENTS: Description Type Four Points By Sheraton Minneapolis Summary of Backup Materia Background and breakdown of Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR GM RICHFIELD, LLC. d/b/a FOUR POINTS BY SHERATON MINNEAPOLIS AIRPORT Officers: Sharon Gangl, President David Meyer, Vice -President Criminal History: Sharon Gangl has no known criminal record. David Meyer has no known criminal record. Adam Selby, who serves as the On Premise Manager, has no known criminal record. Premises: The property is owned by First International Bank. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were 46 Public Safety/Police contacts with Four Points by Sheraton Minneapolis Airport from October 2015 through September 2016. This compares with 19 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale of alcohol to underage youth for Four Points by Sheraton Minneapolis Airport. Routine Information: On -Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Four Points by Sheraton Minneapolis Airport Directors and Officers Sharon Gangl President David Meyer Vice -President PUBLIC SAFETY CONTACTS October 2015 through September 2016 Four Points by Sheraton Minneapolis Airport 2015 2016 TOTAL CONTACTS 19 46 CRIMINAL CONTACTS 8 22 Incidents (see bottom of page for specifics) (8) (19) Alarm (0) (3) MISC. NON -CRIMINAL 11 24 Assists (8) (17) Traffic (1) (5) Inspections/Licensing (0) (0) Medical/Fire (2) (2) The criminal contacts from October 2015 through September 2016 were: one hit and run, five thefts, one domestic, one credit card fraud, one damage to property, two disturbances, one drug related, one intoxicated person, one order for protection, one person with a gun, four private properties and three alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 25. STAFF REPORT NO. 234 CITY COUNCIL MEETING 12/13/2016 REPORT PREPARED BY Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with outside service, for VPC Richfield Pizza, LLC d/b/a Giordano's of Richfield, 3000 66th Street West. EXECUTIVE SUMMARY: On November 2, 2016, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday Liquor licenses, with outside service, for VPC Richfield Pizza, LLC d/b/a Giordano's of Richfield, 3000 66th Street West. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On - Sale Intoxicating and Sunday Liquor licenses, with outside service, for VPC Richfield Pizza, LLC d/b/a Giordano's of Richfield, 3000 66th Street West. Y_11R]Me] a:7*601iyiIiyi14►107_19C7► A. HISTORICAL CONTEXT The applicant has satisfied the following requirements for issuance of licenses: • The required license fees have been paid. • Real estate taxes are current. • Proof of commercial and liquor liability insurance have been received showing Liberty Mutual Insurance Company as affording coverage. Due to this establishment opening in October of 2016 there is no need for an accountant's statement regarding food/alcohol ratio. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. On -Sale Intoxicating and Sunday Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday Liquor license establishments to comply with all the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: Licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution No. 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to serve On -Sale Intoxicating Liquor; however, Public Safety has found no basis to deny the license. • Schedule the hearing for another date; however, this will delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Giordano's representative. ATTACHMENTS: Description Type D 2017 Giordano's Summary of Background Investigation Cover Memo SUMMARY OF BACKGROUND INVESTIGATION FOR VPC RICHFIELD PIZZA, LLC d/b/a GIORDANO'S OF RICHFIELD Officers: Yorgo Koutsogiorgas — President Brent Johnson - Secretary Criminal Histories: Criminal history checks were conducted on the applicants. The applicants showed no convictions that would prevent them from holding or being party to a liquor license. John Gleason, who will serve as the On -Premise Manager, had a conviction for a DWI misdemeanor from 2007. Premises: The applicants have provided a copy of the rental agreement showing DRFC Southdale Square, LLC holding financial interest as lessor of the property. All payments are current. Record of Service Calls: Being this is a new business, there are no records of service calls. Violations: Being this is a new business, there are no violations for sale of alcohol to underage youth. Routine Information: On -Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On -Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 26. STAFF REPORT NO. 235 CITY COUNCIL MEETING 12/13/2016 REPORT PREPARED BY Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue South. EXECUTIVE SUMMARY: On November 2, 2016, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday Liquor licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On November 2, 2016, the City received the application and other required documents for On -Sale Intoxicating and Sunday Liquor licenses, with outside service, for Houlihan's Restaurant & Bar. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing General Casuality Company of Wisconsin affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 69% of the total sales, while liquor accounted for 31% of the total sales. • Environmental health staff has received no complaints regarding Houlihan's Restaurant & Bar for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Intoxicating and Sunday Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Houlihan's representative. ATTACHMENTS: Description Type D Houlihan's Summary of Background and breakdown of Backup Material Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR WILTSHIRE RESTAURANTS, LLC d/b/a HOULIHAN'S RESTAURANT & BAR Off irers- Paul Kirwin, President Criminal Histo Paul Kirwin has no known criminal record. Lois Bergson, who serves as the General Manager, has no known criminal record. Premises: Cushman and Wakefield is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were 20 Public Safety/Police contacts with Houlihan's Restaurant & Bar from October 2015 through September 2016. This compares with 15 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Houlihan's was July 16, 2001. Routine Information: On -Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Houlihan's Restaurant & Bar Directors and Officers Paul Smith Kirwin President PUBLIC SAFETY CONTACTS October 2015 through September 2016 Houlihan's Restaurant & Bar The criminal contacts from October 2015 through September 2016 were: one assault, two suspicious vehicles, four disturbances, one intoxicated person, one customer trouble, one damage to property, one terroristic threat and one alarm. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 15 20 CRIMINAL CONTACTS 9 12 Incidents (see bottom of page for specifics) (9) (11) Alarm (0) (1) MISC. NON -CRIMINAL 6 8 Assists (4) (4) Traffic (0) (1) Inspections/Licensing (0) (0) Medical/Fire (2) (3) The criminal contacts from October 2015 through September 2016 were: one assault, two suspicious vehicles, four disturbances, one intoxicated person, one customer trouble, one damage to property, one terroristic threat and one alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 27. STAFF REPORT NO. 236 CITY COUNCIL MEETING 12/13/2016 REPORT PREPARED BY Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses for Paisan Incorporated, d/b/a Khan's Mongolian Barbeque, 500 78th Street East. EXECUTIVE SUMMARY: On October 31, 2016, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday Liquor licenses, for Paisan Incorporated, d/b/a Khan's Mongolian Barbeque. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses for Paisan Incorporated d/b/a Khan's Mongolian Barbeque, 500 78th Street East. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 31, 2016, the City received the application and other required documents for On -Sale Intoxicating and Sunday Liquor licenses for Khan's Mongolian Barbeque. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing State Auto P&C affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 95% of the total sales, while liquor accounted for 5% of the total sales. • Environmental health staff has received no complaints regarding Khan's Mongolian Barbeque for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Intoxicating and Sunday Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Khan's Mongolian Barbeque representative. ATTACHMENTS: Description Type D Khan's Mongolian Summary of Background and Backup Material breakdown of Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PAISAN, INC. d/b/a KHAN'S MONGOLIAN BARBEQUE Officers: Mitchal Law, Owner/President Paisan Law, Vice President Criminal Histo Mitchal Law, who also serves as the On Premise Manager, has a DWI conviction from 2010. Paisan Law has a DWI conviction from 2006. Premises: The property is owned by Roy A. Bogen. The lease between the property owner and the applicant is in effect. All payments are current. Record of Service Calls: There were ten Public Safety/Police contacts with Khan's Mongolian Barbeque from October 2015 through September 2016. This compares with eight contacts for the previous year. A breakdown of these contacts is attached to this report. Vinlatinns- The most recent violation for the sale of alcohol to underage youth for Khan's Mongolian Barbeque was on September 30, 2005. Routine Information: On -Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Khan's Mongolian Barbeque Directors and Officers Mitchal Wellington Law Owner/President/Secretary Paisan Shieh Law Vice President/Treasurer PUBLIC SAFETY CONTACTS October 2015 through September 2016 Khan's Mongolian Barbeque The criminal contacts from October 2015 through September 2016 were: one intoxicated person, one auto theft, one miscellaneous and one warrant arrest and two alarms. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 8 10 CRIMINAL CONTACTS 7 6 Incidents (see bottom of page for specifics) (6) (4) Alarm (1) (2) MISC. NON -CRIMINAL 1 4 Assists (0) (0) Traffic (1) (4) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2015 through September 2016 were: one intoxicated person, one auto theft, one miscellaneous and one warrant arrest and two alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 28. STAFF REPORT NO. 237 CITY COUNCIL MEETING 12/13/2016 REPORT PREPARED BY Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses for Lyn 65, LLC, d/b/a Lyn 65 Kitchen & Bar, 6439 Lyndale Avenue South. EXECUTIVE SUMMARY: On October 31, 2016, the City received the application and other required documents for the renewal of On - Sale Intoxicating and Sunday Liquor licenses for Lyn 65, LLC, d/b/a Lyn 65 Kitchen & Bar. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses for Lyn 65, LLC, d/b/a Lyn 65 Kitchen & Bar, 6439 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On October 31, 2016, the City received the application and other required documents for On -Sale Intoxicating and Sunday Liquor licenses for Lyn 65 Kitchen & Bar. The applicant has satisfied the following requirements for the issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing XL Insurance America, Inc. affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates that food sales accounted for 57% of the total sales, while liquor accounted for 43% of the total sales. • Environmental health staff has received no complaints regarding Lyn 65 Kitchen & Bar for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Intoxicating and Sunday Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy. Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday Liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Lyn 65 representative. ATTACHMENTS: Description Type D Lyn 65 Kitchen & Bar Summary of Background and Backup Material breakdown of Public Safety contacts SUMMARY OF BACKGROUND INVESTIGATION FOR LYN 65, LLC d/b/a LYN 65 KITCHEN & BAR Officers: Bruce Hinks, President Ken Clark, Vice -President Ben Rients, Secretary Criminal Histories: Bruce Hinks has no known criminal record. Ken Clark has no known criminal record. In 2005, Ben Rients, who also serves as the On -Premise Manager, was charged with a misdemeanor DWI in 2005 and intent to escape motor vehicle tax in 2012. Premises: The property is owned by the applicants with a mortgage for the property. The mortgage company on record is Stancorp Mortgage Investors. All payments are current. Record of Service Calls: There were seven Public Safety/Police contacts with Lyn 65 from October 2015 through September 2016. This compares with 15 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth for Lyn 65 Kitchen & Bar. Routine Information: On -Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Lyn 65 Kitchen & Bar Directors and Officers Bruce Hinks President Ken Clark Vice -President Ben Rients Secretary PUBLIC SAFETY CONTACTS October 2015 through September 2016 Lyn 65 Kitchen & Bar The criminal contacts from October 2015 through September 2016 were: one burglary, one customer trouble, one noise complaint, one suspicious activity, one suspicious vehicle and one welfare check. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 15 7 CRIMINAL CONTACTS 10 6 Incidents (see bottom of page for specifics) (5) (6) Alarm (5) (0) MISC. NON -CRIMINAL 5 1 Assists (2) (0) Traffic (3) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2015 through September 2016 were: one burglary, one customer trouble, one noise complaint, one suspicious activity, one suspicious vehicle and one welfare check. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 29. STAFF REPORT NO. 238 CITY COUNCIL MEETING 12/13/2016 REPORT PREPARED BY Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with outside service, and with the optional 2 a.m. closing, for Pizza Luce VII, Inc., d/b/a Pizza Luce, 800 66th Street West. EXECUTIVE SUMMARY: On November 14, 2016, the City received the application materials for the renewal of On -Sale Intoxicating and Sunday Liquor licenses, with outside service, and the optional 2 a.m. closing, for Pizza Luce VII, Inc., d/b/a Pizza Luce. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2017 On -Sale Intoxicating and Sunday Liquor licenses, with outside service, and the optional 2 a.m. closing, for Pizza Luce VII, Inc., d/b/a Pizza Luce, 800 66th Street West. Y_1MMe] a:7:KliyiIiyi14►107_19C7► A. HISTORICAL CONTEXT On November 14, 2016, the City received the application and other required documents for On -Sale Intoxicating and Sunday Liquor licenses, with outside service, and with the optional 2 a.m. closing, for Pizza Luce. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing State Auto Insurance Company affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2015 through September 2016, and indicates food sales accounted for 82% of the total sales, while liquor accounted for 18% of the total sales. • Environmental health staff has received no complaints regarding Pizza Luce for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The On -Sale Intoxicating and Sunday Liquor licenses will expire on December 31, 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy Richfield City Code Section 1202 requires owners of On -Sale Intoxicating and Sunday Liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(Sl: • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain On -Sale Intoxicating and Sunday Liquor licenses, with outside seating, and the optional 2 a.m. closing. • Schedule the hearing for another date. However, this may delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Pizza Luce representative. ATTACHMENTS: Description Type ❑ 2017 Pizza Luce Summary of Backgound Backup Material SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PIZZA LUCE VII, INC. d/b/a PIZZA LUCE Officers: Joseph Bernard Baier, Owner, President Scott Herbert Nelson, Owner, Vice President Julie Jon Haywood, Owner, CEO Laura Jayne Hansen, Owner, COO Criminal Histo Joseph Baier has no known criminal record. Scott Nelson has no known criminal record. Julie Haywood has no known criminal record. Laura Hansen has no known criminal record. Michael Brundage, who serves as On -Premise Manager, has no known criminal record. Premises: The property is owned by JBB Properties, LLC, associated with Joseph Bernard Baier. This site was purchased outright and there is no mortgager. Record of Service Calls: There were 53 Public Safety/Police contacts with Pizza Luce VII, Inc. from October 2015 through September 2016. This compares with 49 contacts for the previous year. A breakdown of these contacts is attached to this report. Vinlatinns- There are no violations for the sale of alcohol to underage youth for Pizza Luce VII, Inc. Routine Information: On -Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On -Sale Intoxicating and Sunday Liquor licenses, with outside seating and the optional 2 a.m. closing. The Notice of Public Hearing was published in the Richfield Sun Current on December 1, 2016. Pizza Luce Directors and Officers Joseph Bernard Baier Scott Herbert Nelson Julie Jon Haywood Laura Jayne Hansen Owner, President Owner, Vice President Owner, CEO Owner, COO PUBLIC SAFETY CONTACTS October 2015 through September 2016 Pizza Luce The criminal contacts from October 2015 through September 2016 were: two disturbances, three customer troubles, two DWI's, two intoxicated persons, one accident, two suspicious vehicles, one theft, one unwanted guest and 14 alarms. (Numbers in parenthesis are included in total contact figures) 2015 2016 TOTAL CONTACTS 49 53 CRIMINAL CONTACTS 27 28 Incidents (see bottom of page for specifics) (14) (14) Alarm (13) (14) MISC. NON -CRIMINAL 22 25 Assists (5) (12) Traffic (14) (12) Inspections/Licensing (0) (0) Medical/Fire (3) (1) The criminal contacts from October 2015 through September 2016 were: two disturbances, three customer troubles, two DWI's, two intoxicated persons, one accident, two suspicious vehicles, one theft, one unwanted guest and 14 alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 30. STAFF REPORT NO. 239 CITY COUNCIL MEETING 12/13/2016 REPORT PREPARED BY John Stark, Community Development Director DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director 12/6/2016 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Conduct and close a public hearing related to a second reading of an ordinance amendment to Richfield City Code Appendix D (Fee Schedule). Approve the attached ordinance amendment and a resolution authorizing summary publication. EXECUTIVE SUMMARY: City staff conducts an annual review to determine whether its fees for permits and services are appropriate. Among other criteria, the intent of the review is to determine whether the costs of issuance for fees and permits reflect the staff time and costs related to performing the services associated with those fees. At the same time, staff tries to ensure that costs for City services are in line with our peer communities and are not excessive or onerous. Fees related to Building Permits, Zoning, other Land Use permits and Fire Services are established in Appendix D (Fee Schedule) of the City's Ordinance. Staff is recommending the following changes to the Fees and Permits included in this section of the Ordinance: Building Permits: Building permit fees are based on a percentage of the estimated construction cost of a project. This is applied on a sliding scale in which the percentage decreases as the construction value increases. Staff is proposing a 4-5% increase, depending on the value of a project. This will be the first increase the Building Permit Fee Schedule since 2001. Plats: The current fee for filing a combined Preliminary and Final Plat is $500. Staff is recommending that this be modified to be $500 for the Preliminary Plat and an additional $250 for a Final Plat in order to cover associated legal fees. Vacations: The current application fee for seeking a Vacation of a road or other public right-of-way is $350. Staff is recommending increasing this fee to $500, again, to cover legal fees and additional notification requirements. Escrow Administration Fee: Currently, there is a $50 fee for administering escrow agreements and funds as part of Building Inspections/Permitting, but not for items related to Planning and Zoning. Staff is recommending that this $50 fee be applied to the administration of Escrows for Planning and Zoning as well. RECOMMENDED ACTION: By Motion: 1) Conduct and close a public hearing and approve the attached Ordinance Amendment to Richfield City Code Appendix D (Fee Schedule); and 2) Approve the attached resolution authorizing summary publication of an ordinance amending Richfield City Code Appendix D (Fee Schedule). BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • While Community Development reviews fees and service charges on an annual basis, the last time any Planning and Zoning or Building Permitting/Inspections fees were raised was nearly three years ago (January 2014). • A First Reading of this proposed Ordinance was held by the City Council at it's November 25, 2016 meeting. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy State Statutes require municipal fees and permits to be determined in conformance with actual staff time and costs that are incurred in providing the relevant services. City staff have determined that the fees in question should be modified in order to make them better reflect actual staff time and costs incurred. In instances where the full text of an amendment is cumbersome and the expense of publication of the full text is not justified, the City is permitted to publish a summary of the approved text. C. CRITICAL TIMING ISSUES: • Afirst reading of the attached ordinance was approved on November 15, 2016. D. FINANCIAL IMPACT: City staff have determined that the fees in question should be modified in order to make them better reflect actual staff time and costs incurred. Staff also reviews similar fees in our "peer communities" to ensure that Richfield's fees and permits are not onerous or excessive. With the recommended changes, Richfield's fees and permit costs for Planning and Zoning and Building Permits and Inspections remains in the lower 1/3 of our peer communities. E. LEGAL CONSIDERATION: • Notice of the Public Hearing was published in the Richfield Sun Current Newspaper in accordance with State and Local requirements. ALTERNATIVE RECOMMENDATION(Sl: • Reject the proposed Ordinance. PRINCIPAL PARTIES EXPECTED AT MEETING: N/A ATTACHMENTS: Description Type ❑ Transitory Ordinance - P&Z & Building Inspection Fees Ordinance ❑ Updated P&Z & Building Inspection Fees Ordinance ❑ Summary Publication Resolution Resolution Letter BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background 1.01 Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by Ordinance. 1.02 Minnesota Statutes, Section 462.353 requires that certain fees be adopted by Ordinance. The City Council has previously established certain fees by Transitory Ordinance No. . The City Council has established other fees by resolution, which resolution is also part of Appendix D. 1.03 The City Council has determined the need to update the schedule of fees under Transitory Ordinance No. Section 2. Fee Schedule Adopted 2.01 The fees set forth in the attached Exhibit A are hereby adopted by Ordinance. 2.02 The fees adopted at Section 2.01 of this Ordinance shall be amended only by Ordinance. Any fees established by resolution, other than those adopted at Section 2.01 of this Ordinance, may be amended from time to time by resolution of the City Council. Section 3. Effective date; codification. 3.01 This Ordinance is effective in accordance with Section 3.09 of the City Charter. 3.02 A copy of this Ordinance shall be included in Appendix D to the Richfield City Code, immediately prior to the resolution establishing fees. 3.03 This Ordinance supersedes Transitory Ordinance No. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth Van Hoose, City Clerk EXHIBIT A CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES A. Investigation Fees: Work without a Permit: Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Section 2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. B. Permit fee refunds: The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permitted not later than 180 days after the date of fee payment. Type of Permit or Section Description Fee License Requiring (a) Inspections outside of normal $60.00 per hour business hours (minimum charge - two hours) (b) Reinspection fees (minimum charge $60.00per hour $35.00) (c) Inspections for which no fee is '$60.00 per hour specifically indicated (minimum charge - one-half hour) (d) Additional plan review required by $60.00 per hour changes, additions or revision to plans (minimum charge - two hours) (e) Fee to reissue building inspection $35.00 record card i *Or the total hour overhead, equiprr r- (1) (1) Building Permits ry cosi io the jurisaiciion, wnicnever is ine greaiesi. i nis cosi snail incivae supervision, ent, hourly wages and fringe benefits of the employee involved. 400.03— �$lto $500 (includes one inspection) $35.00 400.09 Each additional inspection $35.00 $501 to $2,000 $'� 26.25 for the first $500 plus $3-45$.a.50 each additional $100, or fraction thereof, to and including $2,000 with a minimum fee of $35.00. c -79-=S �77.25 for the first $2,001 to $25,000 $2,000 plus $14.:75$15.50 for each additional $1,000, or fraction thereof, to and including $25,000. $25,001 to $50,000 c"� 436.50 for the first $25,000 plus $10.75$11.25 for each additional $1,000, or fraction thereof, to and including $50,000. $50,001 to $100,000 $682.ig716.75 for the first $50,000 plus $7-.&G$1.75 for each additional $1,000, or fraction thereof, to and including $100,000. $100,001 to $500,000 $1� 1 106.25 for the first $100,000 plus $&AA 6.25 for each additional $1,000, or fraction thereof, to and including $500,000. $500,001 to $1,000,0003 599.25 for the first $500,000 plus (2) Driveway, 515.05 Parking Area Permits 1,000,001 and up (no permit fee for sidewalks) $&-OA 5.25 for each additional $1,000, or fraction thereof, to and including $1,000,000. $5,°� 6 242.50 for the first $1,000,000 plus $4:9A 4.25 for each additional $1,000, or fraction thereof. $35.00 (3) Swimming 420.00 Permanent or portable pools are based on $35.00 building permit fees with a minimum of (4) Plan Review 400.03— 35% of building permit fee for one and two family dwelling dna Fee 400.09 gage and basement remodels 65% of building permit fee for all other building permits, except no fee for the following: (a) Existing single family dwelling minor nonstructural alterations. (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. Plan review fee Maximum 25% of permit fee based on Minnesota State Building Code for similar 1300.0160 buildings (5) Contractors Charged once each time a contractor $5.00 License applies for permit(s) Verification Fee (6) Moving- 1845 1 Moving Permit Fee 1$50.00 Buildings F T L (7) Structure 400.00— (a) Commercial Demolition cost as per $50.00 Demolition 400.09 Building Permit Schedule with a minimum of (b) Dwelling $50.00 One or two story $35.00 Residential - Garage and lesser structure (8) Plumbing 400.03— Residential $35.00 Permit 400.09 Minimum Fee 2% of Total Job cost with a minimum of (includes one inspection) Each additional inspection $35.00 (9) Plumbing 400.03— Commercial/Industrial/Multi-family Based $45.00 Permit 400.09 on Total Job cost 2% of Estimated Job cost with a minimum of(includes one inspection) Each additional inspection $35.00 (10) Electrical 400.03— Residential $35.00 Permit 400.09 (a) Minimum Fee which includes one inspection (b) Each additional Inspection $35.00 (c) Complete Wiring Fee: $150.00 Single Family Dwelling and each dwelling unit of a two family dwelling and includes not more than three inspections. (d) New Service - up to 200 amps $55.00 (e) Temporary Service - (for $45.00 construction) (f) Installation, addition alteration, or $8.00 (11) Electrical Permit Commercial 400.03- 400.09 repair of each circuit or feeder (g) Swimming pool or exterior hot tub $55.00 Commercial, Industrial and multiple $45.00 dwellings(more than two units) and Technology systems: Minimum Fee which includes one inspection Each additional inspection J$35.00 (a) Based on total job cost $45.00 - 2% of estimated job cost with a minimum of - Over $50,000 - Fee/ $1,000.00 plus 1% of cost over $50,000.00 (b) Traffic Signals: Per Intersection J$185.00 (c) Fire Alarm: Based on 3/% of cost of $45.00 electrical job to customer with a minimum of (d) Carnivals, festivals and similar $110.00 events plus $35.00 for each service on generator (12) Electrical 400.03— Based on 2% of cost of electrical job to $45.00 Permit Signs 400.09 customer with a minimum of (separate electrical permit required for signs) (13) Residential 400.03— Central Systems and Additions, $35.00 Heating, 400.09 Alterations and Repairs Ventilating, Air 1%% estimated cost with a minimum of Conditioning and (Includes one inspection) Refrigeration Each additional inspection $35.00 Commercial Central Systems and Additions, $45.00 Heating, Alterations and Repairsl%% estimated Ventilating, Air Conditioning and cost with a minimum of Refrigeration (14) Sign 415.01— (a) Temporary sign permit Installation 415.11 (b) Permanent sign (any size) Building permit is required for sign support structures Fees based on building permit fee schedule (15) Temporary 400 A temporary Certificate of Occupancy may Certificate of be issued before completion of the entire Occupancy work covered by the permit, provided the Chief Building Official deems that the building is safe to occupy $35.00 $100.00 $200.00 Plus a letter of credit or cash escrow equal to 125% of the remaining City Code requirements ZONING, LAND USE AND RELATED CHARGES Type of Permit or Section Description Fee License Requiring (1) Planned Unit 542 (a) $500 plus $5/$1,000 of project value $3,500.00 Development (construction cost) up to a maximum fee of (b) Major PUD Plan Amendment - $500 plus $3,500 $5/$1,000 of project value (construction cost) up to a maximum fee of (c) Minor PUD Plan Amendment $350.00 (2) Site Plan Review 1547 (a) $500 plus $.50/$1,000 of project value $3,500.00 (construction cost) to a maximum fee of (b) Major amendment - $500 plus $.50/$1,000 $3,500 of project value (construction cost) to a maximum fee of (c) Minor amendment $350.00 (3) Variance 1547 Residential $250.00 Non Residential $450.00 Variance Appeal Residential and Non Residential $150.00 (4) Conditional Use (a) $500 + $.50/$1,000 of project value $3,500.00 547 Permit (construction cost) up to a maximum fee of (b) Major amendment - $500 + $.50/$1,000 of $3,500 project value (construction cost) up to a maximum fee of (c) Minor amendment $350.00 $500 plus $100/year monitoring fee up to a $1,000 (5) Interim Use Permit 547 maximum fee of (6) *Zoning District or 547 $600 pus $0 Sn/$ nnn of pFejer=t -,l,,, 3-yg�gg 600 Code Text Change (EenstruEtien eest) up to - Maximum F f Zening Code Text A.M. P—A d -FA P—At $690.99 (7) *Subdivision 500.01— $500.00 Approval 500.05 Subdivision Waiver 500.05- $350.00 Subd. 2 (8) Street/Easement 820/State s3so. 0$—a00 Vacation Statute (9) Appeal to Board of 547 $350.00 Adj. & Appeals (10) Special Request $350.00 to City Council (11) Zoning $50.00 Compliance Letter (12) Comprehensive Plan Amend. (13) Plats::F�YA 1500 4 (14) Sketch Plan Review $600.00 Preliminary Plat 1$500.00 Final Plat 250 $250.00 (15) Extension Extension of a Land Use Approval (rezoning, site $125.00 plan approval, conditional use permit, variance, etc.) beyond its original approval period (16) Escrow 50 Administration Fee *Any additional expenses -incurred by the City in the course of processing a request will be charged to the applicant. FIRE SERVICES FEES Type of Permit or License Section Requiring Description Fee (6) Fire Extinguishing Based on Building Permit fee schedule with a $50.00 System Permit minimum of: Plan review fee: 65% of building permit fee, except no fee for the following: (a) no charge for valuation of $1,000 or less (7) Fire Alarm Systems Based on Building Permit fee schedule with a $50.00 minimum of: Plan review fee: 65% of building permit fee, except no fee for the following:;eol(a) no charge for valuation of $1,000 or less I (8) Flammable or Tanks (installation or modification $150.00 Combustible Liquid or Gas I Storage Tanks and PipingInstallation or alteration of piping $50.00 Each unit or dispenser Underground Tank Removal $100.00/Tank MISCELLANEOUS FEES Type of Permit or License Section Description Fee Requiring (3) Antenna Commercial 425 & 544 (a) CWTS antenna permit application fee $100.00 Wireless Telecommunication 1 Service(CWTS) (b) Antenna permit fee for additional $35.00 antennas added to an existing antenna location or replacement of existing antennas at a location RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING APPENDIX D OF THE RICHFIELD CITY CODE (FEE SCHEDULE) WHEREAS, the City has adopted the above referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE AMENDING APPENDIX D OF THE RICHFIELD CITY CODE (FEE SCHEDULE) This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance makes the following changes to the City Code: Increases building permit fees 4-5%, depending on the value of the project; adds a separate $250 fee for consideration of a Final Plat application; increases right-of-way and similar Vacation application fee to $500; and adds an Administrative Escrow Fee of $50. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 31. STAFF REPORT NO. 240 CITY COUNCIL MEETING 12/13/2016 REPORT PREPARED BY Jim Topitzhofer, Recreation Services Director DEPARTMENT DIRECTOR REVIEW: Jim Topitzhofer, Recreation Services Director 12/6/2016 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of the second reading of a transitory ordinance authorizing the conversion of the existing R-22 direct refrigeration system at the Richfield Ice Arena. EXECUTIVE SUMMARY: By the year 2020, R-22 refrigerant will no longer be produced or imported. The City currently has R-22 direct refrigeration systems in both rinks at the Richfield Ice Arena. Staff has met with three separate engineering consultants to determine the best course of action. Staff has found that a single ammonia -based refrigeration system to serve the two e)asting ice rinks is the most efficient and cost effective solution. Switching to a single ammonia -based refrigeration system will have a significant savings in terms of equipment maintenance throughout the year. The new system is designed using screw compressors which require very little annual maintenance. Ammonia is a natural based refrigerant and is more environmentally friendly. The total cost of the project is estimated at $2,816,000. Staff recommends splitting the project into two phases with the first phase dedicated to replacing the piping in the floor of rink one and constructing the combined refrigeration equipment for both rinks. Rink two would remain a direct R-22 system. Phase Two of the project includes the replacement of piping in rink two and connecting it to the ammonia -based system that was installed in phase one. Phase Two can be delayed a year to aid in the availability of additional funding. R-22 refrigerant from rink one can be stored and made available in rink two, in case of a leak, until rink two is converted in Phase Two. The City was recently awarded a James Metzen Mighty Ducks Grant in the amount of $400,000. As a condition of the grant award, the City will have to complete Phase One by December 31, 2017. Staff will submit another James Metzen Mighty Ducks Grant Application next year for an additional $400,000 to be applied to the conversion of rink 2 (Phase Two) in 2018. Sources of funding for the project come from the James Metzen Mighty Ducks Grant in the amount of $800,000 and the remainder of Special Revenue Funds and other City Funds in the amount of $2,016,000. Funding for Phase One of this project was included in the approved 2017 Capital Improvement Budget and the 2018-2021 Capital Improvement Plan, with the completion date in 2019. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the second reading of a transitory ordinance authorizing the conversion of the existing R-22 direct refrigeration system at the Richfield Ice Arena. • Approve resolution for summary publication of the transitory ordinance. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT As a continued effort to improve the mechanical operations and financial success of the Richfield Ice Arena, over the last three years staff has researched and planned for the elimination of its dependency on R-22 to operate its ice rinks. The City of Richfield has a great history of delivering a great product to its customers. The Richfield Ice Arena is used by the Minnesota Magicians, Adult Hockey Association, Academy of Holy Angels High School, Richfield/Southwest Christian Coop High School, Richfield Youth Hockey Association, Edina Youth Hockey Association, and the Minneapolis Storm Youth Hockey Association. The Richfield Ice Arena was constructed in 1971 using a direct R-22 Holmsten Ice Rink system. This rink is a NHL -sized rink with a sand floor. The City built another ice sheet in 1999 to meet the growing demand of ice time in the metro area. Richfield again went with an R-22 Holmsten Ice Rink system for the second sheet of ice. The second rink is also NHL size, but with a concrete floor instead of sand. The facility has been well maintained throughout its lifetime and gotten a great shelf life from its mechanical equipment. B. POLICIES (resolutions, ordinances, regulations, statutes, etch • Pursuant to Section 8.04 of the City Charter, the project will require a public hearing and approval of a transitory ordinance because the estimated design costs may exceed $250,000 and the estimated construction cost may exceed $2,000,000. C. CRITICAL TIMING ISSUES: To minimize revenue lost, the ideal time period to close down rink one for the Phase One refrigeration conversion is May 28, 2017 to October 1, 2017. This leaves a tight schedule to prepare design and specifications and to bid the project out in time to be able to order equipment and materials before May 28, 2017. Staff is in the process of evaluating proposals from engineering companies to prepare plans and specifications for the project and will bring a contract to City Council for consideration on December 13, 2016. Bidding for the project is expected in January, 2017. D. FINANCIAL IMPACT: Cost Estimate for Conversion Project Phase 1 1. Removal and install of dasher board system $35,000 2. Demolition of existing refrigeration system $20,000 3. Misc. demolition of perimeter concrete $20,000 4. Common Ammonia refrigeration system. $970,000 5. Computer-based ice rink control system $60,000 6. New stainless snowmelt coil in Rink 1. $20,000 7. NHL size concrete ice rink floor for Rink 1 $550,000 8. New dasher boards for Rink 1. $175,000 9. New perimeter concrete. $20,000 10. Contingency (10%) $187,000 Total Phase 1 Cost $2,057,000 Cost Estimate for Conversion Project Phase 2 1. Removal and reinstallation of dasher board on Rink 2 $35,000 2. Demolition of existing concrete floor. $70,000 3. NHL size concrete ice rink floor for Rink 2. $550,000 4. Piping connection from new refrigeration room. $35,000 5. Contingency (10%) $69,000 Total Phase 2 Cost $759,000 Total Estimated Project Cost = $2,816,000 Source of Funding James Metzen Mighty Ducks Grant $800,000 Special Recreation Funds and Other City Funds $2.016.000 Total Funding $2,816,000 Operating Cost Savings Going to a single ammonia -based refrigeration system will have a significant savings in terms of equipment maintenance throughout the year. The new system is designed using screw compressors which require very little annual maintenance. Additionally, should there ever be a leak in the system, the cost of ammonia is roughly seven times cheaper per pound than R-22. This new system will save the City an estimated $40,000 per year on maintenance costs. E. LEGAL CONSIDERATION: Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $2,000,000. Pursuant to Section 8.05 of the City Charter, notice of the public hearing will be published in the Sun Current fourteen days prior to the hearing. The publication date was December 1, 2016. The City Attorney has reviewed the procedure for this capital improvement and finds that it complies with the City Charter. ALTERNATIVE RECOMMENDATION(Sl: • The City could decide to forgo the grants and apply at a future date. Unfortunately, there is no guarantee the State will continue issuing grants beyond 2017. This would be a higher cost alternative as construction costs will increase over time. PRINCIPAL PARTIES EXPECTED AT MEETING: There are no principal parties expected at the meeting. ATTACHMENTS: Description Type ❑ Transitory Ordinance Conversion of R-22 Refrigeration Cover Memo System ❑ Summary Publication Cover Memo BILL NO. Transitory Ordinance No. AN ORDINANCE APPROVING A CAPITAL THE CONVERSION OF THE EXISTING SYSTEM AT THE RICHFIELD ICE ARENA CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. IMPROVEMENT PROJECT FOR R-22 DIRECT REFRIGERATION PURSUANT TO RICHFIELD CITY 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City - owned property that has an estimated cost exceeding $2,000,000.00 or expenditures for design or engineering costs exceeding $250,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project for the improvement of property located at 636 East 66th Street, the current site of the Richfield Ice Arena.. 1.03. The capital improvement project consists of the design, engineering and construction of the conversion of the existing R-22 direct refrigeration equipment at the Richfield Ice Arena. 1.04. A cost estimates for the project has not been finalized but the construction cost is expected to exceed $2,000,000. 1.05. A public hearing was held on December, 2016 after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Ice Arena Refrigeration Conversion Project be approved. Sec. 2. Approval; effective date. 2.01. If approved by City Council, the Ice Arena Refrigeration Conversion Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter. This Ordinance shall not be construed to require that the City proceed with the Ice Arena Refrigeration Conversion Project nor does it vest any rights in the Ice Arena Refrigeration Conversion Project to any individual or entity. This Ordinance shall not be construed to pre -approve any contracts for the design or construction of the Ice Arena Equipment Project, and the City Council specifically reserves to itself the authority to approve any such contracts. The City Council reserves the right to abandon the Ice Arena Refrigeration Conversion Project or to modify elements of the Ice Arena Refrigeration Conversion Project Ice Arena Equipment Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective 30 days following its publication. Adopted by the City of Richfield this 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk 111516 Ice Arena Refrigeration Conversion RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE CONVERSION OF THE EXISTING R-22 DIRECT REFRIGERATION SYSTEM AT THE RICHFIELD ICE ARENA, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 WHEREAS, the City has adopted the above referenced ordinance to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE UPGRADE AND REPLACEMENT OF HVAC, LIGHTING AND REFRIGERATION SYSTEM AT THE RICHFIELD ICE ARENA, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance authorizes a capital improvement project involving the conversion of the existing R-22 direct refrigeration system at the Richfield Ice Arena on property owned by the City of Richfield and located at 636 East 66th Street. The preliminary estimated cost of the capital improvement, including design and engineering costs, is $2,816,000.00. Copies of the ordinance are available for public inspection in the Recreation Services Department during normal business hours or upon request by calling Recreation Services Director Jim Topitzhofer (612) 861-9394. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk 0526 Ice Arena Mechanical Upgrades REPORT PREPARED BY AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 32. STAFF REPORT NO. 241 CITY COUNCIL MEETING 12/13/2016 Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/6/2016 OTHER DEPARTMENT REVIEW: NA CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Disciplinary hearing and consideration of a resolution regarding civil enforcement for establishments that recently underwent alcohol compliance checks conducted by Richfield Public Safety staff, and failed by selling alcohol to underage youth. EXECUTIVE SUMMARY: Richfield Public Safety staff conducted phase two of the alcohol compliance checks for 2016. These checks are done to determine the availability of alcohol to underage youth and to meet State Statutes. There are currently 34 establishments that hold licenses to sell alcohol in Richfield. Compliance checks were conducted at 33 establishments, with one establishment being closed due to remodeling. Two of the 33 establishments sold alcohol to an underage person. The action being taken today is for civil enforcement and penalties against those establishments: 1) The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company located at 7630 Lyndale Avenue South and 2) The Noodle Shop, Co. - Colorado, Inc. d/b/a/ Noodles & Company located at 1732 East 66th Street. This is the first alcohol compliance check failure for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, located at 1732 East 66th Street. This is the second alcohol compliance check failure for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, located at 7630 Lyndale Avenue South. Their first failure was April 13, 2007. Due to the amount of time since their first alcohol compliance check failure in 2007 and this date, they have been able to pass enough consecutive successful compliance checks to place them back at a step 1 level of discipline. The establishments will be given an opportunity to either admit they made an unlawful sale to a minor and to stipulate to the penalties imposed by the City Council, or deny the allegations and request a contested case hearing. If they admit to the violation, the Council will adopt a resolution imposing the penalties. If they deny the allegation and request a contested case hearing, the City Council will refer the matter to an independent hearing examiner. They will be notified of the date of the hearing and will be provided the opportunity to present evidence and to rebut the City's evidence. For first time violators, Public Safety recommends the City Council follow the guidelines set forth in Resolution No. 9511. 9 Suspend the license to sell alcohol for five days and pay a $1,000 fine. • Require a meeting with the Public Safety Director to present an individual establishment plan to ensure eliminating any future failures. • Require a manager to attend an alcohol compliance sales awareness presentation conducted by a private firm, approved by Public Safety, with all costs to be paid by the establishment. RECOMMENDED ACTION: By motion: Approve the attached resolutions regarding civil enforcement for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, located at 7630 Lyndale Avenue South and The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles and Company, located at 1732 East 66th Street. Both establishments failed alcohol compliance checks by selling alcohol to an underage youth. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT On November 4, 2016, Richfield Public Safety staff conducted alcohol compliance checks at 33 establishments in Richfield that sell alcohol. The compliance checks were the second round of checks conducted in 2016. Public Safety staff was assisted by one underage youth who is 20 years old. The establishments that sold alcohol to an underage youth are: • The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 7630 Lyndale Avenue South. • The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 1732 East 66th Street. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy • It is a violation of Minnesota State Statute and City ordinance to sell alcohol to underage youth. • Resolution 9511 specifies certain improper conduct of alcohol license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of alcohol to minors. C. CRITICAL TIMING ISSUES: Fine and suspension requirements must be met by January 13, 2017. D. FINANCIAL IMPACT: The fine being recommended at this time is intended to recover 100% of the costs for conducting the compliance checks and to penalize the establishment punitively. E. LEGAL CONSIDERATION: Formal complaint charges for the selling of alcohol to an underage person have been filed against both clerks who are 18 years of age. ALTERNATIVE RECOMMENDATION(Sl: The Council may consider taking more or less severe action against the establishments that sold alcohol to an underage youth; however, that would deviate from the guidelines set for progressive discipline in Resolution 9511. PRINCIPAL PARTIES EXPECTED AT MEETING: A representative from The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, located at 7630 Lyndale Avenue South, and The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company located at 1732 East 66th Street are expected to be in attendance at the meeting. They have been notified in writing of this requirement. ATTACHMENTS: Description Type D Resolution for The Noodle Shop, Co. - Colorado, Inc. d/b/a Resolution Letter Noodles & Company Resolution for The Noodle Shop, Co. - Colorado, Inc. d/b/a Resolution Letter Noodles & Company RESOLUTION NO. RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR THE NOODLE SHOP, CO. — COLORADO, INC. d/b/a NOODLES & COMPANY, 7630 LYNDALE AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, The Noodle Shop Co. Colorado, Inc. d/b/a Noodles & Company ("Licensee") holds an On Sale Wine and 3.2 Percent Malt Liquor licenses from the City of Richfield; and WHEREAS, on November 4, 2016 the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment; and, during the compliance check, an employee of the Licensee sold alcohol to a minor and; WHEREAS, this is their first alcohol compliance check failure. They did fail an alcohol compliance check on April 13, 2007, however due to the step back option, this is considered their first failure and: WHEREAS, the Licensee appeared before the Richfield City Council on December 13, 2016 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: The Licensee's On Sale Wine and 3.2 Percent Malt Liquor license is hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 1. A civil penalty of $1,000 is hereby imposed. On or before January 13, 2017, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 2. Meet with the Director of Public Safety by January 13, 2017 to present a written action plan to ensure future compliance. 3. One staff member, preferably the manager, must attend an alcohol compliance and sales awareness presentation conducted by a private firm, approved by Public Safety, with all costs to be paid by the establishment. Passed by the City Council of the City of Richfield this 13th day of December 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR THE NOODLE SHOP, CO. — COLORADO, INC. d/b/a NOODLES & COMPANY, 1732 EAST 66TH STREET, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, The Noodle Shop Co. Colorado, Inc. d/b/a Noodles & Company ("Licensee") holds an On Sale Wine and 3.2 Percent Malt Liquor licenses from the City of Richfield; and WHEREAS, on November 4, 2016 the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment; and, during the compliance check, an employee of the Licensee sold alcohol to a minor and; WHEREAS, this is their first alcohol compliance check failure and: WHEREAS, the Licensee appeared before the Richfield City Council on December 13, 2016 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: The Licensee's On Sale Wine and 3.2 Percent Malt Liquor license is hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 1. A civil penalty of $1,000 is hereby imposed. On or before January 13, 2017, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 2. Meet with the Director of Public Safety by January 13, 2017 to present a written action plan to ensure future compliance. 3. One staff member, preferably the manager, must attend an alcohol compliance and sales awareness presentation conducted by a private firm, approved by Public Safety, with all costs to be paid by the establishment. Passed by the City Council of the City of Richfield this 13th day of December 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk REPORT PREPARED BY AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 33. STAFF REPORT NO. 242 CITY COUNCIL MEETING 12/13/2016 Jay Henthorne, Director of Public Safety/Chief of Police DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 12/7/2016 OTHER DEPARTMENT REVIEW: None CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of adopting the Resolution Supporting Richfield as a Safe, Welcoming, Equitable, and Inclusive Community. EXECUTIVE SUMMARY: During the 2016 Presidential Election campaign, there was a great deal of discussion regarding the matter of immigration and how it would be approached in the future. The viewpoints of the respective candidates on immigration and suggested immigration reform contrasted sharply. The views of the President Elect on the subject of immigration is considered by some, to be confrontational and as such, may cause concern to some members of our community. In response to this potential issue, the Richfield Human Rights Commission has studied the matter and has adopted a resolution for consideration by the City Council. The aim of this resolution is to state Richfield's belief in the value of all individuals and the spirit of inclusivity that they believe is the foundation of our community. The suggested resolution is before the City Council this evening for consideration. The Richfield Human Rights Commission urges the City Council to adopt this resolution. RECOMMENDED ACTION: The Richfield Human Rights Commission requests all the Richfield City Council Members sign the resolution. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT See Executive Summary. B. POLICIES (resolutions, ordinances, regulations, statutes. etch With this resolution we affirm the following commitments to our residents: • We believe in and stand for values of inclusion, equity, and justice. We condemn islamophobia, racism, sexism, xenophobia or hate in rhetoric or action. • We welcome all people and recognize the rights of individuals to live their lives with dignity, free of discrimination and targeting because of their faith, race, national origin, disability or immigration status. • We believe in the public sector for the public good; advancing racial equity and inclusion is critical to the success of our communities and our nation. C. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATION(Sl: Council could disapprove and not sign resolution. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type ❑ Inclusive Community Resoiutior. Resolution Letter RESOLUTION NO. RESOLUTION SUPPORTING RICHFIELD AS A SAFE, WELCOMING, EQUITABLE, AND INCLUSIVE COMMUNITY WHEREAS, this November, 2016, we witnessed the end of the most divisive general election in our Country's history. As (the Richfield City Council, the Richfield Human Rights Commission, etc.), we recognize that we have tremendous responsibilities to the people we represent and serve; and WHEREAS, with this resolution we affirm the following commitments to our residents: We believe in and stand for values of inclusion, equity, and justice. We condemn islamophobia, racism, sexism, xenophobia or hate in rhetoric or action. We welcome all people and recognize the rights of individuals to live their lives with dignity, free of discrimination and targeting because of their faith, race, national origin, disability or immigration status. We believe in the public sector for the public good; advancing racial equity and inclusion is critical to the success of our communities and our nation; and WHEREAS, the Richfield Human Rights Commission requests all the Richfield City Council Members sign the resolution; and WHEREAS, there is much work to do in the years ahead. NOW, THEREFORE, BE IT RESOLVED, that we are ready to work together with partners, staff, and residents to create a safe, welcoming, equitable, and inclusive community for everyone. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor Pat Elliott, Ward 1 Tom Fitzhenry, Ward 3 ATTEST: Elizabeth VanHoose, City Clerk Michael Howard, At -Large Edwina Garcia, Ward 2 REPORT PREPARED BY AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 34. STAFF REPORT NO. 243 CITY COUNCIL MEETING 12/13/2016 Jack Broz, Transportation Engineer DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 12/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution supporting alternate bus routes proposed by Metro Transit along residential streets during 66th Street reconstruction, as recommended by the Transportation Commission. EXECUTIVE SUMMARY: Metro Transit has proposed a plan to limit service disruption to transit users during the major construction years of the 66th Street reconstruction project. The plan proposes to temporarily relocate bus stops one or two blocks off of 66th Street to provide reasonable transit service to the community during the months of road construction. The alternate bus routes identified in the plan include several residential streets. Traffic calming measures will be used to prevent speeding of traffic along these routes. Published bus schedules will be revised to reflect lower speeds. Jack Broz, Transportation Engineer, will provide a short presentation at the City Council meeting. The Transportation Commission reviewed and recommended approval of the alternate bus routes. RECOMMENDED ACTION: By Motion: Approve a resolution supporting Metro 2017 and 2018 construction years. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT Transit's 66th Street Alternate Bus Routes for the The major reconstruction of 66th Street will occur in 2017 and 2018, with some construction occurring in the fall of 2016 and through 2019. During the 2017 and 2018 construction seasons the majority of vehicular traffic will be detoured onto Highway 62 and local collectors. The construction zones on 66th Street will not be adequate for Metro Transit's service. Metro Transit reviewed the proposed detours and determined that the distance was too great to provide adequate service to the 66th Street corridor and they would not provide temporary stops along the detour, which would severely limit the transit use along the 66th Street corridor. Metro Transit has proposed alternate bus routes that are closer to 66th Street and will provide adequate service. Several of the proposed alternate bus routes would use residential streets and some of the narrower streets would need temporary parking restrictions to safely accommodate bus operations. B. POLICIES (resolutions, ordinances, regulations, statutes, etch The following approved City plans and policies have established goals for transit service for Richfield residents: • Comprehensive Plan • Sidewalk Policy • Complete Streets Policy • Guiding Principles for Roadway Improvements C. CRITICAL TIMING ISSUES: • Metro Transit will finalize and publish new schedules for the transit service along the Alternate Bus Routes in early 2017. D. FINANCIAL IMPACT: • The City will not bear any additional project costs if the proposed routes are approved. • The approved 66th Street Reconstruction project budget includes the funding for traffic calming and other infrastructure required to support the proposed the project. E. LEGAL CONSIDERATION: • The City Attorney will be available to answer questions. ALTERNATIVE RECOMMENDATION(Sl: • None PRINCIPAL PARTIES EXPECTED AT MEETING: Charleen Zimmer, president of Zan Associates, who is leading the Hennepin County Communications plan. Brad Smith, Metro Transit, supervisor of daily transit operations. ATTACHMENTS: Description Type ❑ Resolution Resolution Letter ❑ Bus Route Presentation Presentation RESOLUTION NO. 10* 101ItIj0[a]Z&111:j19]:A01011• • 9:1&11N4=1r_1094NZ/_ 9:8:11RI:TelljI=I»_1011 WHEREAS, the transit service along 66th Street is a critical transportation component for the community; and WHEREAS, the reconstruction of 66th Street will severely impact through traffic during 2017 and 2018; and WHEREAS, 66th Street construction detours follow collector roadways several blocks off of 66th Street; and WHEREAS, Metro Transit operates the transit service and has determined that routing the buses along the construction detours will not provide adequate service to the community along 66th Street. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City of Richfield supports and approves the 66th Street Alternate Bus Route Plan as proposed by Metro Transit during the 2017 and 2018 construction years. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor /_�11111111*35 Elizabeth VanHoose, City Clerk LTJ © ¢g f 6 4 MY 41£! 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CL U Q) V Ou -P U to � 4-J O 4-Ja-- + •- _�. •- •- �r O O O +-1 O x (L) v ° z Q z . 4 k U a --j O o CU 4 �� U =3o U O oO 0 U O O O —0 I I O b LAJ cu to L a -J U 'O LLJ Q O a)4-+ cA O coo ru ai O E aj 0. o Ln Ln E ai .O v O � O COD O O N czGC k U a --j O o CU 4 �� U =3o U O oO 0 U O O O —0 I I O b L U a)4-+ 4-j ai a--' aj Ln Ln E ai � ?� U O O = U Oaj +-' N 'O fu LnO O aj -0 - O cn ai =3 ai -0 U O Ln O cn =3 Ln Lnai O Q ,2 N-0 O E O ��O i 1..� ('6 O 0O a i O � cn --i Ln N v�'> m LL REPORT PREPARED BY AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 35. STAFF REPORT NO. 244 CITY COUNCIL MEETING 12/13/2016 Chris Regis, Finance Manager DEPARTMENT DIRECTOR REVIEW: Steven Devich 12/8/2016 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions approving the 2016 Revised/2017 Proposed budget and tax levy and related resolutions. EXECUTIVE SUMMARY: On September 13, 2016, the City Council approved and certified a preliminary tax levy of $19,552,081 to Hennepin County. Subsequent to that meeting, the City refunded some of its outstanding debt, and realized savings in future debt service payments. As a consequence, the 2017 debt service tax levy will be reduced by $117,391, which will reduce the gross levy for 2017 to $19,434,690. The final tax levy of $19,434,690 must now be considered and approved by the City Council. The final levy represents a reduction from the original preliminary levy amount. Taxpayers have received individual parcel specific tax notices in anticipation of the truth -in -taxation hearing. The City of Richfield has conducted and closed its 2016 truth -in -taxation hearing on December 6, 2016. During the course of the public hearing, there was an opportunity for testimony from the general public. Information was also presented by staff regarding the proposed levy and budget. No official City Council action to act on the levy was permissible on the day of the public hearing. Included for your consideration are salary increases for non -represented employee pay plans. The proposed increases are 2.75% increase for the Management and General Services pay plans and 2% for the Specialized pay plan. The increases are effective the first full pay period of January 2017. Also included is a revised public purpose expenditure policy. The policy establishes a clear set of guidelines to assist elected officials, employees and representatives of the City when approving the expenditure of public funds. An annual review and consideration of this policy ensures that the City's expenditures have been carefully considered and determined by the governing body to be for a public purpose. RECOMMENDED ACTION: By Motion: Adopt the resolutions approving the 2016 Revised/2017 Proposed budget and tax levy and related resolutions. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT N/A. B. POLICIES (resolutions, ordinances, regulations, statutes, etch • A revised 2016 budget and final 2017 budget and tax levy must be adopted on or before December 28, 2016. • Cities then have five working days after December 20 or no later than December 28 to prepare all the documentation necessary to certify a final levy to the County Auditor and State Department of Revenue. • A proposed 2017 tax levy has been submitted to the City Council for consideration. • Several related resolutions included within the total budget document need to be considered. These related resolutions are itemized in the attachment section of this staff report. C. CRITICAL TIMING ISSUES: N/A. D. FINANCIAL IMPACT: • The proposed gross tax levy for 2017 is $19,434,690 a reduction of $117,391 from the approved preliminary levy. • The gross tax levy for 2017 reflects a 3.26% increase from the previous year's gross levy. • The City's tax capacity rate will decrease from 60.991% in 2016 to 56.75% in 2017. • 2.75% wage increase for Management and General Services employees effective January 2017 and 2% for employees in the specialized pay plan. E. LEGAL CONSIDERATION: A truth -in -taxation public hearing for the 2017 proposed budget and tax levy was conducted on December 6, 2016. ALTERNATIVE RECOMMENDATIONS) The City Council could adopt a final 2017 budget and tax levy in any amount, which does not exceed the levy of $19,434,690. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type ❑ Resolution Adopting 2017 Budget and Tax Levy Resolution Letter ❑ Resolution Authorizing Budget Revisions Resolution Letter ❑ Resolution Authorizing Revision to 2016 Budget of Various Resolution Letter Departments ❑ Resolution Authorizing Adjustment to City's mileage Resolution Letter reimbursement rate ❑ Resolution Adopting the 2017 Capital Improvement Budget Resolution Letter ❑ Resolution Adopting the 2018-2021 Capital Improvement Resolution Letter Program ❑ Resolution relating to Purchasing Practices in the City of Resolution Letter Richfield ❑ Resolution Establishing Utility Rates and Charges Resolution Letter ❑ Resolution Establishing a Public Works On -Call Resolution Letter Compensation Policy ❑ Resolution Establishing 2017 License, Permit and Resolution Letter Miscellaneous fees pursuant to Appendix D ❑ Resolution Approving the Public Purpose Expenditure Resolution Letter Policy ❑ Public Purpose Expenditure Policy Backup Material ❑ Resolution Approving 2017 Car Allowance Polciy Resolution Letter Resolution Relating to the 2017 General Services Salary Compensation Plan, Management Salary Compensation Resolution Letter Plan and Specialized Pay Plan RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2017 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 30, 2016 and then recertified before December 28, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The budget for the City of Richfield for the year 2017 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive Administrative Services Public Safety Fire Services Community Development Public Works Recreation Services Transfer Out TOTAL GENERAL FUND $ 878,580 1,423,440 8,835,540 4,150,030 1,411,290 3,972,780 1,887,210 175,000 $22,733,870 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 2017 which are more fully detailed in the City Manager's official copy of the 2017 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $22,733,870 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2016, payable in 2017 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund' $16,026,2932 Equipment 770,000 Debt Service 2,279,399 Cedar Point Tax Abatement 358,998 1 Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees' Retirement Association. 2 General Fund Levy included all fiscal disparities distribution amounts. 4. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2012A, will be reduced from $142,076 to $129,695 due to the use of surplus bond proceeds from the issue. 5. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2015A will be reduced from $637,199 to $283,861 due to the utilization of gas and electric franchise fees. 6. The debt service tax levies for the G.O. Capital Improvement Bonds, Series 2007A are cancelled for collection years 2017 through 2027. The amount to be cancelled for 2017 is $373,500. 7. The debt service tax levies for the G.O. Improvement Bonds, Series 2007B are cancelled for collection years 2017 through 2027. The amount to be cancelled for 2017 is $261,900. 8. A debt service tax levy will be established for the G.O. Refunding Bonds, Series 2016B, levied in 2016, payable in 2017 for $518,009. 9. The budget for the Housing and Redevelopment Authority of Richfield for the year 2017 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 2016, payable in 2017 for the following purposes: INW.- OMW ►_1N[oil]0111 Housing and Redevelopment Authority $531,723 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 13th day of December 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2016 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 11153 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2016; 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 2016 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2017 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2016 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative/Executive $ 867,700 Administrative Services 1,400,130 Public Safety 8,425,410 Fire Services 3,957,230 Community Development 1,377,820 Public Works 3,843,890 Recreation Services 1,828,730 Transfer Out 150,000 TOTAL GENERAL FUND $21,850,910 DECREASE $ 48,510 2. Estimated 2016 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 2017 budget, are hereby revised as follows: DECREASE $48,510 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING ADJUSTMENT TO CITY'S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE WHEREAS, the Internal Revenue Service periodically adjusts the business mileage reimbursement rate; and WHEREAS, the City of Richfield's present mileage reimbursement is in conformance with the Internal Revenue Service business mileage reimbursement rate; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota: 1. That the City Manager of Richfield is hereby authorized and directed to adjust the City's mileage reimbursement rate to be in conformance with Internal Revenue Service guidelines. 2. That the City's mileage reimbursement rate is not to exceed the Internal Revenue Service guidelines. Approved by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor ATTEST Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ADOPTING THE 2017 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget for 2017 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 2017 Capital Improvement Budget in the sum total of $75,386,000 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 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ADOPTING THE 2018-2021 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program 2018-2021 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 2018-2021 Capital Improvement Program is hereby approved and adopted subject to annual review and revision; 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 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 11157 WHEREAS, the City Manager of the City of Richfield has purchasing authority pursuant to the City Charter and Administrative Ordinance Code; and WHEREAS, the City Charter and Administrative Ordinance Code expressly state a purchasing authority limit for the City Manager, and WHEREAS, all purchases in excess of $100,000 will require approval by City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: That the City Manager of the City of Richfield is hereby granted the authority to enter into contracts or approve purchases on behalf of the City of Richfield up to, but not to exceed $100,000. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, STREET LIGHT 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 2017 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. 11158: 2. Where the rate is not based upon the metered use of water, the following quarterly flat charges are established effective January 1, 2017 for each billing district as defined in paragraph 3 of this resolution. A) Residential per unit B) Commercial - 2017 $ 93.41 For the equivalent of 10 or less persons $ 93.41 More than 10, less than 15 170.13 More than 15, less than 20 238.29 More than 20, less than 26 318.00 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: 2017 For each 100 grade school students or fraction $ 97.80 in excess thereof For each 100 junior high school students or high 143.70 School students or fraction thereof D) In addition to the above flat rates there shall be a customer Charge on each invoice as determined in paragraph 4 of this 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 of 7,000 gallons, effective January 1, 2017, for each 2017 customer billing district and shall be as follows: $ 4.65 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, 2017, shall be as follows: $ 4.65 C) A customer charge shall be made for each invoice rendered effective January 1, 2017 as follows: $ 5.00 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. 5. The Metropolitan Airports Commission (MAC) will be charged a sanitary sewer rate based on the Met Council Environmental Services (MCES) rate plus 15% for Inflow/Infiltration and $1,000.00 per quarter for administration costs. WATER RATES AND CHARGES FOR 2017 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: The charges due and payable to the City by each water customer of the City, during any quarter shall be based upon the Conservation Rate Structure. Water -Tier 1: The first tier rate is ($3.59 per thousand) charged for consumption of the first 25,000 gallons. Water -Tier 2: The second tier rate is ($3.93 per thousand) charged for consumption of 25,001 gallons but less or equal to 50,000 gallons. Water -Tier 3: The third tier rate is ($4.28 per thousand) charged for consumption in excess of 50,001 gallons. Irrigation accounts: All consumption will be charged at the ($4.28 per thousand) water -tier 3 rate. The Conservation Rate Structure applies to multi -unit and residential premises. Commercial, institutional or industrial will only be subject to the Water -tier 1 rates for domestic use, irrigation accounts will be subject to the Water -tier 3 rate. Water charges shall be payable quarterly, and all bills issued after January 1, 2017 shall be at this rate. SPECIAL WATER SERVICE CHARGES FOR 2017 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 shall be $50.00 per installation. 4. The charge to flush and maintain fire hydrants located on privately owned property within the City shall be $50.00 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. 7. The MN lab fee will is $6.36. STORM SEWER RATES AND CHARGES FOR 2017 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 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 $81.56 per acre of land. $16.31 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. STREET LIGHT RATES AND CHARGES FOR 2017 1. Pursuant to the provisions of Minnesota State Statutes, Section 429.101 and Section 825 of the Ordinance Code of the City of Richfield, the rates and charges for City street light service are hereby established to be those set forth in the following paragraphs of this resolution: 2. The street light fee for residential single family property is $5.77 per quarter. 3. Rates for other land uses will be determined by land use types based on the following table: STREET LIGHT LAND USES: COM All commercial properties, to include multifamily residents (apartments) and industrial parcels. RES All residentially coded parcels. PUB Public buildings, i.e. City Hall, City Garage, and Fire Stations CHURCH All Churches also to include cemeteries and activity buildings associated with a Church SCH All schools, to include private and public schools. PRK All parks owned by the City of Richfield, also to include Nature Centers and all "properties" located within city park parcels DPLX Addresses that split a residential lot, to include townhomes, 3-plexes, and 4- plexes. LAND USE CODE MULTIPLIER To Bill FACTOR COM (acres>0.2) 5* (5 x ACREAGE) if acres<0.2 ---- 1 RES ---- 1 PUB (acres>0.2) 5 (5 x ACREAGE) if acres :50.2 ---- 1 CHURCH (acres>0.2) 1.25** (1.25 x ACREAGE) if acres :50.8 ---- 1 if acres :50.2 ---- 1 SCH (acres>0.2) 1.25 (1.25 x ACREAGE) if acres :50.8 ---- 1 if acres :50.2 ---- 1 PRK 1.25 (1.25 x ACREAGE) D P LX ---- 0.5 4. The multiplier of "5" is based on the definition that a residential lot is 1/5 of an acre; hence multiplying acreage by 5 produces the equivalent number of residential lots. 5. The multiplier of 1.25" " is based on the definition that a residential lot is 1/5 of an acre and multiplying acreage by 5 produces the equivalent number of residential lots. However, the total area of each parcel is not proportional to the number of street lights in an equivalent residential area so the factor of 5 is reduced by 75%, producing 1.25. 6.5% PENALTY ON PAST DUE ACCOUNTS Customers will have twenty eight (28) days to pay their water, sanitary sewer, storm sewer, and street light 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 13th day of December, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING A PUBLIC WORKS ON-CALL COMPENSATION POLICY WHEREAS, the City Council has determined to provide Public Works Superintendent/Managers/City Engineer compensation for being on-call for possible Public Works emergencies; and WHEREAS, the good judgment of a Public Works Superintendent/Manager/City Engineer is needed to provide quality response to Public Works emergencies such as water main breaks, street light knock downs, and sewer main back ups; and WHEREAS, the City Council finds it necessary to establish a policy to provide such employees with on-call compensation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following On-call Compensation Policy: Public Works Superintendents/Managers/Supervisors/City Engineer who remain on-call by carrying the emergency cell phone (or similar device) for a period of one week will be compensated at a rate established annually as part of the budget preparation process, beginning with $120 a month in 2017. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING 2017 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 11165 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, 6, 7, 8 and 9 of this resolution. C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 5, 6, 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 License Fees. Type of Permit or License (1) Heating and Ventilating Installer (2) Sign Installer (3) Electrical Installer '(4) Plumber I (5) Well Driller Section 3. - Public Works Fees. Type of Permit or License Section Requiring Section ReDescription Fee quiring 400.07 1 Year 416.01-416.13 1 1 Year 400.03-400.09 1 State License Required 400.03-400.09 1 State License Required 620 1 State License Required Description Fee Page 1 805.01— (1) Benches 805.27 First Year $ 80.00 Renewal $ 30.00 (2) Boulevard 1 a) Application to place a privately owned feature in the 811.07 $ 30.00 feature Permit boulevard b) If applied for after installation of feature has begun $ 60.00 (3) Excavation in 800.01— Public Right of 800.15 way a) For each transverse excavation and each 100 feet or portion thereof longitudinal excavation and for each 100 feet of curb and gutter or portion thereof installed or driveway apron installed, except when survey and grade stakes are set by City $ 125.00 b) If applied for after excavation has begun $ 250.00 c) For each pothole $ 20.00 (4) Forestry 810 Applies only to trees on City property and public ROW $ 50.00 Permit (5) Seasonal Load Limit I I a) Per load $ 25.00 Exemption b) If applied for after delivery $ 50.00 (6) Obstruction (a) Short term, temporary single lane closure of less than 802.17 No fee Permit four hours (b) Lane closures longer than four hours' duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial r Day (per block or portion thereof) $ 60.00 Page 2 Page 3 Full Closure (per block or portion thereof) $ 300.00 Collector Day (per block or portion thereof) $ 30.00 Full Closure (per block or portion thereof) $ 75.00 Local/Residential Day (per block or portion thereof) $ 15.00 Full Closure (per block or portion thereof) $ 45.00 Sidewalk/Bike Lanes Day $ 30.00 If applied for after obstruction closure has begun (c) Short term, temporary single lane closure less than four No fee hours (d) Lane closures longer than four hours' duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial Day (per block or portion thereof) $ 120.00 Full Closure (per block or portion thereof) $ 300.00 Collector Day (per block or portion thereof) $ 60.00 Full Closure (per block or portion thereof) $ 150.00 Page 3 Page 4 Local/Residential Day (per block or portion thereof) $ 30.00 Full Closure (per block or portion thereof) $ 90.00 Sidewalk Day $ 60.00 If the closures are not removed by the permitted completion date, then additional Days will be charged at double the rate (7) Noise Ordinance 930.35 (a) With conditions added as required $ 50.00 Exemption (b) If applied for after violation $ 100.00 (8) Certification 705.03— All delinquent accounts $ 50.00 Charge 705.21 (9) NSF Check �— $ 30.00 Charge I (10) utility Services I Sanitary Sewer 700.05 All land uses r— New Service $ 125.00 Repair $ 125.00 � Disconnect I $ 125.00 Replacement $ 125.00 Page 4 Water Service 715.01 All land uses $ 125.00 New Service $ 125.00 Repair $ 125.00 Disconnect $ 125.00 Replacement Turn on/off $ 50.00 Meter Installation $ 50.00 $ 50.00 Private Hydrant Storm Sewer 720 All land uses I New Service $ 125.00 I I Repair $ 125.00 I Disconnect $ 125.00 � Replacement F T I $ 125.00 (11) Street Light 855.05 First time applicant to hang street light banners within a $ 50.00 Banners district of for an event. Per street light banner installation (no existing hardware) 20.00 Per street light banner installation if supporting hardware exists on the light pole. $ 10.00 Per street light banner removal �$ 10.00 Page 5 Permit Renewal: Annually for both decorative and event banners, unless banner design has changed, then full application fee is charged. If annual renewal is not completed, the permittee risks removal of all banners at the permittee's expense. Section 4. - Fire Services Fees. $ 10.00 Type of Permit � Section Description Fee or License Requiring 400.21—jFor initial fee required under code (1) Fire Prevention Code $ 70.00 400.29er Year (2) Daycare/Adult Foster Care Facility Inspection (3) Reimbursement Fee for Fire/Rescue Unit For each additional fee required $ 15.00 under code Penalty If not renewed within 2 months of notification $ 50.00 Per Year Per Hour 50.00 350.00 (4) Sale of Consumer (a) License per location selling only consumer Fireworks 1131 fireworks $ 350.00 Per Year (b) License per location of each other retail seller $ 100.00 Per Year Page 6 Section S. - Amusement and Recreation Licenses and Permits. Type of Permit Section Description Fee or License Requiring (1) Arcade 1105 1 Year $ 543.00 (2) Amusement Device (3) Lawful Gambling (a) Mechanical Amusement Device 1100.01 (Pinball) $ 15.00 1 Year (b) Mechanical Music Box 1 Year $ 15.00 (c) Video Games 1 Year $ 15.00 Bingo, Tipboard, Paddle Wheel, 1100.13 State Fee Raffle, Pull Tabs (a) Lawful Gambling Permit $ W9.09 (these exempt fFeFn State LieensuFe) (State Statute 349.213) (b) Lawful Gambling Investigative dee 1Year (State Statute 349.16) STATE LICENSE REQUIRED 1100.05— 1 (4) Itinerant Place of Amusement 1 Day 1100.11 $ 292.00 (5) Public Dance 1110.03 For each day dances are held: $ $3.00 1 month: $ 47.00 o fee for locations holding tavern licenses. Page 7 (6) General Amusement (a) Billiard, Pool or Pigeonhole 1100.03 table (each) 1 Year 1. Coin operated 1 Year (b) Bowling Alley (per lane) 1 Year (c) Circus 1 Year (d) Dance Hall 1 Day (e) Golf 1. Miniature 1 Year 2. Driving Tee 1 Year (f) Mountback 1 Day (g) Rides, mechanical/animal of any kind (ea) 1 Year (h) Shows, any kind 1 Day (i) Shuffleboard (each lane) 1 Year (j) Other games 1 Day (7) Musical Concert 1110.01 Per event (8) Theatre Cinema 1120 1 Year Plus a notice publication fee $ 15.00 $ 15.00 $ 45.00 $ 202.00 $ 202.00 $ 47.00 $ 47.00 $ 193.00 $ 15.00 $ 193.00 $ 16.00 $ 15.00 $ 47.00 $ 228.00 $ 7.00 Page 8 (9) Roller Rink 1115 1 Year or portion thereof $ 228.00 (10) Commercial Adult -Oriented 605 1 Year $ 2,711.00 Enterprises Investigation fee 1 Year $ 2,711.00 (11) Masseur/Masseuse 605 Certificate fee 1 Year $ 91.00 Investigation fee 1 Year $ 228.00 (12) Public Baths 610 1 Year $ 3,140.00 Investigation fee (actual cost $ 3,140.00 minimum) 1 Day $ 182.00 (13) Fortune Teller and related 1130.05— 1 Week $ 541.00 trade 1130.07 1 Month $ 1,082.00 1 Year $ 1,808.00 14) Adult Establishments P 1196 Annual license 1 Year $ 0 2,711.00 FInvestigation s fee (new license) I $ 2,711.00 Section 6. - Animal Licenses and Permits. Type of Permit or License Section Requiring Description Fee 905.01— (a) Animals (Spayed or Neutered) with option to purchase a (1) Animals 905.29 multi-year license $ 15.00 1 Year (b) Animals (Not Spayed or Neutered) 1 Year $ 25.00 (c) Duplicate Animal License $ 7.00 Page 9 Section 7. - Vehicle and Transportation License and Permit Fees. Type of Permit Section or License Requiring (1) Aircraft 1340 (2) Garbage and Refuse 601.01— Collection 601.33 Description Commercial and Residential Fee 1 Day 1$ 52.00 First vehicle 1 Year 1 $ 271.00 Page 10 (d) Late Penalty $ 10.00 905.31— (e) Commercial Kennel 1 Year $ 217.00 905.33 (f) Residential Kennel 1 Year $ 100.00 (g) Veterinary $ 217.00 905.37— (h) Pigeons 1 Year $ 43.00 905.39 905.41 (i) Non-domestic Animals (Temporary Permit) $ 30.00 (j) Impounding (each animal) 1st time $ 64.00 905.01— 905.29 2nd Time $ 127.00 F_ T 3rd time (each impound after) $ 191.00 (k) Dangerous dog registration fee State Statute 347.51) $ 500.00 906.13 (1) Beekeeping Registration fee $ 30.00 Section 7. - Vehicle and Transportation License and Permit Fees. Type of Permit Section or License Requiring (1) Aircraft 1340 (2) Garbage and Refuse 601.01— Collection 601.33 Description Commercial and Residential Fee 1 Day 1$ 52.00 First vehicle 1 Year 1 $ 271.00 Page 10 Section 8. - Commercial Business and Trade Licenses and Permits. Type of Permit Section Description Fee or License Requiring (1) Firearms Dealer 920.01- 1 Year $ 1,808.00 920.05 (2) Food 617 (A) Type I Establishment, a large 1 year high-risk Establishments food establishment serving on average 500 or more Page 11 Each additional vehicle 1 Year $ 57.00 (3) Motor Vehicle Dealer 1155 Per place of business 1 Year $ 405.00 Each additional place of business $ 153.00 1 Year (4) Motor Bicycle 1160 Per place of business 1 Year $ 235.00 Business Per place of business to sell, rent or lease $ 108.00 1 Year 1165 Per vehicle 1 Year (5) Sound Truck $ 235.00 i Per vehicle 1 Day $ 36.00 $ 586.00 (6) Taxicab 1170 First vehicle or auto livery 1 Year I Each additional vehicle or auto livery operated at any time within license period $ 73.00 1 Year (7) Taxicab Driver 1175 1 Year $ 54.00 (8) Rental or Utility 1185 Each place of business 1 Year $ 108.00 Trailers and Trucks Section 8. - Commercial Business and Trade Licenses and Permits. Type of Permit Section Description Fee or License Requiring (1) Firearms Dealer 920.01- 1 Year $ 1,808.00 920.05 (2) Food 617 (A) Type I Establishment, a large 1 year high-risk Establishments food establishment serving on average 500 or more Page 11 Page 12 meals per day; having 175 or more seats; or having 500 or more customers per day (1) Food service or retail food establishment $ 812.00 (2) School, kindergarten through grade 12 $ 596.00 (3) Daycare Center or Preschool $ 596.00 (B) Type II Establishment, a small high-risk food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day (1) Food service or retail food establishment $ 696.00 (2) School, kindergarten through grade 12 $ 464.00 (3) Daycare Center or Preschool (C) Type III Establishment, a medium risk food $ 464.00 establishment serving mainly non -potentially hazardous foods and potentially hazardous foods prepared elsewhere and only heated or held cold onsite; or serving or retailing foods such as pizza carryout or delivery, requiring handling followed by heat treatment (1) Food service or retail food establishment $ 596.00 (2) School, kindergarten through grade 12 $ 299.00 (3) Daycare Center or Preschool (D) Type IV Establishment, a food establishment $ 299.00 with minimal food handling such as preparing coffee, hot dogs, blended or mixed drinks, packaged foods customers heat onsite, continental breakfasts, unpackaged baked goods made elsewhere Page 12 Page 13 (1) Food service or retail food establishment $ 388.00 (2) School, kindergarten through grade 12 $ 180.00 (3) Daycare Center or Preschool $ 180.00 (E) Type V Establishment, a food establishment with non -potentially hazardous food or food products sold in the original packaging (1) Food service or retail food establishment $ 239.00 (2) School, kindergarten through grade 12 $ 149.00 (3) Daycare Center or Preschool (F) Supplemental Facility $ 149.00 (1) High Supplemental Facility (like Type I and II) _r_14 (2) Medium Supplemental Facility (like Type III and $ 118.00 IV) (3) Catering Supplemental Facility (for Food $ 180.00 Catering Vehicle(s) and equipment) (4) Low Supplemental Facility (like Type V) (G) Temporary Food Establishment (1) Complex Temporary 1 to 3 days (like Type I and $ 88.00 II) $ 149.00 (2) Complex Temporary 4 to 21 days (like Type I $ 269.00 and II) (3) Simple Temporary 1 to 3 days (like Type III, IV $ 62.00 and V) Page 13 Page 14 (4) Simple Temporary 4 to 21 days (like Type III, IV $ 144.00 and V) (5) Temporary Food Multi -Vendor $ 800.00 (H) Farmer's Market Stand (stands not exempted $ 180.00 from licensing in Minnesota Statue Chapter 28A) (1) Vending Machines (1) Food and beverage (except items in 2) $ 20.00 (2) Nuts, gum balls, hard candy and unsorted $ 15.00 confections (3) Automobile Washing 1125 Per calendar Year or fraction thereof $ 180.00 Establishment (4) Scavenger Each vehicle 1 Year $ 52.00 601.17 I Permit fee for opening cesspool or dumping $ 27.00 contents of each cesspool into City sewer (5) Incinerator 601.29- 601.31 1 Year $ 52.00 1146.01(MS Retail Sale and Distribution - License issued on (6) Tobacco calendar Year (cigarette vending machines $ 453.00 461.12) prohibited) (Bill No. 1998-19) (7) Transient 1181.01— 7_ Merchant 1181.09 1 Day $ 115.00 r` (8) Wagon Peddler 1181 F 1 Year $ 272.00 (9) State hawker or Peddler license 1181 6 month/per person covered $ 68.00 r (10) Canvasser or 1181 6 month/per person covered $ 68.00 Page 14 Solicitor (11) Christmas Tree 1130.03 1 Year $ 147.00 Sale (12) Lodging 618 (A) Hotel/Motel $ 250.00 Establishments (1) Each Guestroom $ 18.00 (B) Lodging House, lodging accommodation for 5 or more regular roomers, no food provided (1) Five to 25 beds $ 239.00 (2) 26 or more beds, each bed $ 11.00 (C) Small Boarding House, food and lodging accommodations for 5 to 10 regular boarders. Food license included. (1) Five to 10 beds $ 239.00 (D) Large Boarding House, food and lodging accommodations for 11 or more. A separate food license is required. (1) 11 to 25 beds $ 239.00 (2) 26 or more beds, each bed $ 11.00 (E) Bed and Breakfast, food license is included $ 239.00 (13) Outdoor 1135 Permit $ 114.00 Merchandising (14) Storage 1135 I Per Enclosure $ 99.00 Enclosure Page 15 (15) Pawnbroker 1187 (a) Pawnbroker 1 Year $ 4,712.00 (b) Owner investigation fee 1 Year $ 2,709.00 (nonrefundable) (c) Manager investigation fee 1 Year $ 981.00 (nonrefundable) (d) Employee investigation fee 1 Year $ 94.00 (nonrefundable) (e) Transaction fee -per transaction $ 2.00 (16) Secondhand 1186 (a) Secondhand Goods Dealer 1 Year $ 517.00 Goods Dealer (b) Initial investigation fee (nonrefundable) actual $ 2,166.00 costs in excess of above with total not exceeding Applicant shall deposit $1,200.00 with Licensing Clerk along with application. Amount in excess of actual application costs shall be refunded. (17) Auto Detailing Establishment 1195.01 1 Year $ 403.00 (18) Tattoo, Body (a) Tattoo, body piercing, body painting Piercing, Body 630 or body branding $ 902.00 Painting or Body 1 Year Branding (b) Initial investigation fee (nonrefundable) $ 2,709.00 1 Year (19) Temporary Tattoo, Body Piercing, 630 Per booth $ 52.00 Body Branding and Body painting events F(20) Massage 1188 Annual license 1 Year $ 902.00 Page 16 Therapy Enterprise License (Business license) Investigation fee (new license) $ 902.00 Massage Therapist (Individual Annual license 1 Year $ 91.00 License) Investigation fee (new license) $ 91.00 Temporary Massage Therapist Per temporary location $ 181.00 License (21) Public Swimming Pools 619 (A) Indoor (1) First pool $ 239.00 (2) Each additional pool $ 118.00 (B) Outdoor (1) First pool $ 239.00 F- (2) Each additional pool $ 118.00 (C) School, K through grade 12, pools --7 (1) First pool $ 155.00 (2) Each additional pool $ 88.00 (22) Motion pictures Per event and commercial 1197 Photography $ 50.00 photography permit Motion picture (based on application) $ 200.00 Page 17 PLAN REVIEW FEE FOR FOOD, THERAPEUTIC MASSAGE AND LODGING PERCENTAGE OF FACILITY INVOLVED WILL BE DETERMINED BY STAFF Descriptions: Type I Establishment, a large high-risk food establishment serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per day. Type II Establishment, a small high-risk food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day. Type III Establishment, a medium risk food establishment serving mainly non -potentially hazardous foods and potentially hazardous foods prepared elsewhere and only heated or held cold onsite; or serving or retailing foods such as pizza carryout or delivery, requiring handling followed by heat treatment. Type IV Establishment, a food establishment with minimal food handling such as preparing coffee, hot dogs, blended mixed drinks, packaged foods customers heat onsite, continental breakfasts, unpackaged baked goods made elsewhere. Type V Establishment, a food establishment with non -potentially hazardous food or food products sold in the original packaging. Environmental plan review—includes the physical remodeling, updating, equipment replacement, equipment additions and the general overall review of all plans/work. This also includes all new development projects. Page 18 New Construction and/or Extensive Non -remodel Minor Remodel approval Major Remodel Remodel 0-24% consultation (over 50% (25-50% of facility) $5,000 or less of facility of facility) n costs) i involved) Type 1 $2,881.00 $1502.00 $811.00 $138.00 Type II $1984.00 $1086.00 $604.00 $138.00 Type III $1086.00 $605.00 $361.00 $138.00 Type IV $533.00 F$�00__ $105.00 _F No fee New project or Minor remodel - Type V change of owner - permit but no $ 126.00 plan check fee Page 18 Therapeutic $ 138.00 $ 138.00 $138.00 $138.00 Massage Lodging $2,401.00 $1,292.00 $673.00 $138.00 Section 9. - Liquor and Related License and Permit Fees. Type of Permit Section Description Fee or License Requiring (1) 3.2 Malt Liquor 1202.05 �(a) On -Sale 1 Year $ 912.00 (b) Tavern (dance) 1 Year $ 745.00 (c) Wholesale 1 Year $ 44.00 (d) Growler (Micro Brewery Off -Sale Malt $ 175.00 Liquor) 1 Year (e) Off -Sale 1 Year $ 264.00 (f) Club (Bottle Club) 1 Year $ 603.00 (g) Temporary per event $ 67.00 (2) Liquor (a) On -Sale 1 Year 1202.05 $ 15,036.00 IT T(b) Sunday (Fee set by state law) 1 Year $ 200.00 (c) (d) Wine 1 Year �$ Taproom (Micro Brew On -Sale Malt Liquor) 1,325.00 $ 700.00 1 Year (e) Cocktail Room (Micro Distillery On Sale) $ 800.00 1 Year (f) Micro Distillery Off Sale 1 Year $ 600.00 Page 19 (g) Veterans' Organization (Ex -Sunday) 1 Year $ 863.00 (h) Temporary per event $ 137.00 (3) Employee License Effective 10/1/95 all licenses issued shall be On -Sale Liquor 1208.01 valid for a period of two years from the date of $ 37.00 Establishments initial application (4) Investigation Fee 1202.01— (a) On -Sale liquor including Veterans' $ 824.00 1202.21 Organization and Each person shown on application $ 247.00 Each additional investigation for each person not listed on original or renewal application $ 247.00 (excluding Veteran's Organizations) 1202.11 �(b) Wine, Taproom, Brewpub, Distillery, and $ 824.00 Each person shown on application $ 247.00 Each additional investigation for each person $ 247.00 not listed on original or renewal application 1202.11 Investigation of substitute manager $ 103.00 Section 10. - Housing Inspection and Rental License Fees. Type of Permit Section Description or License Requiring (1) License for 405 (a) Apartment House 1 Year Apartment Houses and Rental Homes Each unit (b) Rental Home - single family 45.00 5.00 45.00 Fee Page 20 Page 21 dwelling 1 Year (c) Duplexes/double bu nga lows/town houses First unit 1 Year $ 145.00 Each additional rental unit 1 Year $ 85.00 10% of the annual license fee, with a minimum (d) Late Fee—To be charged each month monthly fee of $50.00 and a the license is late maximum monthly fee of $500.00, charged each month the fee is late $ 50.00 100% of license fee (e) License Transfer Fee (f) Reinstatement of suspended license (minimum $80.00) (g) Reinstatement of Revoked license 200% of license fee (h) Re-Inspection Fee $80.00 for each building with 4 to 11 units 1. multi-family $100.00 for each building with 12 or more units 2. single family & duplex (Inspection over standard 2 inspections) $50.00 ea. Reinspection fees shall be payable at the time of license renewal and no renewal license shall be issued unless all inspection fees are paid (i) Provisional license for apartment house $ 290.00 Includes first unit Page 21 Section 11. - Miscellaneous Fees. Type of Permit Section or License Requiring F(i—)permit to 1190 Description Fee In motel for more than six Months $ 17.00 Page 22 Each additional unit $ 30.00 Provisional license for Rental Home—single family $ 290.00 dwelling 1 Year Provisional license for duplex $ 290.00 First unit Each additional unit $ 170.00 (j) Investigation fee for operating a rental $ 500.00 property without a license Single family home (includes one 405.26 $ 150.00 reinspection) (2) Certificate of 2-family home (includes one reinspection) $ 230.00 Housing $ 100.00 maintenance Condominium (includes one reinspection) Compliance Reinspection Fee $ 50.00 Fee to process cash escrow agreement $ 50.00 Fee to process Agreement to Comply $ 50.00 (3) Permit Fee for Rooming 405.15-16 1 Year $ 170.00 House Section 11. - Miscellaneous Fees. Type of Permit Section or License Requiring F(i—)permit to 1190 Description Fee In motel for more than six Months $ 17.00 Page 22 reside (2) Permit to Carry a Gun Permit Issued By County (3) False Alarms (billable) (a) in excess of 2 for calendar Year $ 100.00 (b) in excess of 10 for calendar Year $ 200.00 (c) in excess of 20 for calendar Year $ 300.00 (4) Nuisance Conduct Fee (5) Copying Services Provided 925 Third call to a property for nuisance conduct within a 365 -day period Flat rate (per page) Special rate (a) Black & White Photocopy rate 8.5 x 11 (per side) 8.5 x 14 (per side) MN Statute 13.03C i 11 x 17 (each) i 24 x 36 (each) X -large Color Photocopy rate 8.5 x 11 (per side) T$ 8.5 x 14 (per side) $ 250.00 $ .25 $ .25 $ .25 $ .50 $ 2.50 $ 2.50 1.00 $ 2.00 Page 23 Page 24 11 x 17 (each) $ 4.00 24 x 36 (each) $ 18.00 X -large $ 3.00/ sq. ft. hourly (b) Labor wage & 33% (c) Postage prevailing rate (d) Fax per page (e) CD of meeting (per CD) $ .50 $ 5.00 $ 15.00 (f) DVD of meeting (per DVD) (g) Electronic copies (CD or disk) (h) As builts (per image) $ 5.00 $ .50 (6) Notary Fee Fee Set By State (7) Candidate Filing Fee City Charter $ 25.00 4.04 (8) Photo Fee Includes 2 photos $ 16.00 including tax (9) Assessing Fees Special Abatement for Filing Homestead $ 25.00 Special Assessment Searches I I- One free property identification number (PID) search Page 24 Page 25 per Day - if more than one search per Day (per search) $ 3.00 Special Assessment Search Report - per PID $ 15.00 Creation of New or Special Report - Fees to be based on time and materials to create report - Minimum Fee Review of Comparable Property Records Residential Field Card Report $ 25.00 $ .25 - for up to five comparable properties (per copy) Commercial/Industrial/Apartment Field Card Report (per copy) $ 2.00 I I Certified Card Report $ 3.00 (10) Domestic Partnership 120 Registration $ 30.00 (11) Certified copy of various To certify documents i.e. resolutions, ordinances, $ 5.00 documents minutes, registration forms, etc. on file (per copy) (12) Vacant Building 925 Single Family Home or Duplex - Vacant less than one Year $ 100.00 Registration Fee Single Family Home or Duplex - Vacant one Year or longer $ 200.00 Page 25 Section 12. - Room and Park Shelter Rental Fees. LOCATION DESCRIPTION FEE CLASSIFICATION FEE Richfield Municipal Center Bartholomew Room Civic and non-profit groups and governmental agencies $ 75.00/Hr (2 -hour minimum) Resident groups $ 100.00/Hr (2 -hour minimum) $500.00/4 -hour block Non -Resident and other groups Richfield Municipal Center I Heredia Room Civic and non-profit groups and governmental agencies $ 65.00/Hr (2 -hour minimum) Resident groups $ 80.00/Hr (2 -hour minimum) Page 26 Richfield Municipal Center Richfield Community Center Wood Lake Nature Center Augsburg Park Christian Park Donaldson Park - East Jefferson Park Non -Resident and other groups $400.00/4 -hour block Civic and non-profit $ 65.00/Hr Fred Babcock Room groups and (2 -hour minimum) governmental agencies Augsburg Room Fireside Room Nicollet Room Ruth Johnson Room Combined Nicol let/Augsburg or Richfield Room Kitchen Auditorium Emily Day Pavilion Park Buildings (depending on availability) Non -Profit Resident: Private Non -Resident: Private Resident Non -Resident $ 35.00/Hr $ 45.00/Hr $ 50.00/Hr $ 74.57/4 -hour block $ 24.24/Hr $ 28.90/Hr Page 27 $ 80.00/Hr Resident groups (2 -hour minimum) $ 35.00/Hr Non -Profit Resident Private $ 45.00/Hr Non -Resident: Private $ 50.00/Hr $ 60.00/Hr Non -Profit Resident: Private $ 72.00/Hr Non -Resident: Private $ 82.00/Hr $ 29.00/booking Free with combined All Renters Nicollet/Augsburg room rental Non -Profit Resident: Private Non -Resident: Private Resident Non -Resident $ 35.00/Hr $ 45.00/Hr $ 50.00/Hr $ 74.57/4 -hour block $ 24.24/Hr $ 28.90/Hr Page 27 Madison Park Taft Park -North & South Washington Park Fairwood Park Resident $ 35.42/4 -hour block Monroe Park Open Picnic Shelters Augsburg Park Non -Resident $ 40.08/4 -hour block Resident $107.20/4 -hour block Sheridan Park Open Picnic Shelter Non -Resident $111.86/4 -hour block Resident Day: 4 -Hour 1 Section: $107.20 Block 2 5eet+ens$i9g.990 3 Sections: $242.37 Resident Evening: 3- 1 Section: $79.24 Hour Block 2 5eet+ens: $1415.000 Open Picnic Shelter 3 Sections: $181.78 Veterans Park Monday—Thursday Rates Non -Resident Day: 4- 1 Section: $111.86 Hour Block 2 5eet+ens: $195.00) 3 Sections: $247.03 1 Section: $83.90 Non -Resident Evening: 2 5eet+ens: $159.00 3 -Hour Block 3 Sections: $186.44 Resident Day: 4 -Hour 1 Section: $111.86 Block 2 5eet+ens: $195.000 3 Sections: $247.03 Open Picnic Shelter Resident Evening: 3- 1 Section: $83.90 Veterans Park Hour Block 2 5eet+ens:mow Weekend Rates 3 Sections: $186.44 Non -Resident Day: 4- 1 Section: $116.52 Hour Block 2 5eet+ons: $200.000 3 Sections: $251.69 Page 28 Athletic Fields Non -Resident Evening: 1 Section: $88.56 3 -Hour Block 2 5est+ens$ i S 5 . w 3 Sections: $191.10 Donaldson, Roosevelt Premium Baseball Fields Resident Non -Resident Lincoln, Taft Premium Softball Fields Resident General Baseball/Softball Fields Soccer/Football Fields Non -Resident All other baseball/softball fields Resident Non -Resident Christian, Donaldson, Taft, Washington Resident Non -Resident Broom baII/Hockey All broom ball/hockey rinks Resident Rink Non -Resident Resident Tennis Courts All parks Non -Resident $ 41.00/hr $200.00/day (first 8 hrs) $ 61.00/hr $300.00/day (first 8 hrs) $ 22.00/hr $115.00/day (first 8 hrs) $ 32.00/hr $165.00/day (first 8 hrs) $ 16.00/hr $80.00/day (first 8 hrs) $ 32.00/hr $160.00/day (first 8 hrs) $ 48.00/hr $260.00/day (6 hrs max) $ 70.00/hr $370.00/day (6 hrs max) $ 15.00/hr $ 18.00/hr $ 5.00/court/hr $ 6.00/court/hr Page 29 Open Space All parks Resident Non -Resident $ 15.00/hr $ 18.00/hr Softball field, baseball field, Athletic Facility All renters $ 27.00/hr Light Use soccer field, football field, hockey rink, tennis complex Passed by the City Council of the City of Richfield this 13th day of December, 2016. Debbie Goettel Mayor ATTEST: Elizabeth VanHoose City Clerk Page 30 RESOLUTION NO. RESOLUTION APPROVING THE PUBLIC PURPOSE EXPENDITURES POLICY FOR FISCAL YEAR 2017 WHEREAS, the City Council finds it necessary to annually review and approve a policy to clearly determine the public purpose for expenditures; and WHEREAS, the City Council has determined that in order to attract, recruit, retain and motivate employees and community volunteers, the City wishes to recognize hard work and service through other than monetary payment; and WHEREAS, the City Council has further determined certain expenditures for typical business costs are necessary for the effective delivery of public service; and WHEREAS, the City Council has reviewed and discussed the Public Purpose Expenditures Policy. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield approves the "Public Purpose Expenditures Policy," for fiscal year 2017. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk PUBLIC PURPOSE EXPENDITURE CITY OF RICHFIELD CITY POLICY DATE: January 1, 2017 SUBJECT: Public Purpose Expenditures Background Pursuant to provisions of the Richfield City Charter and the statutes and laws of the State of Minnesota, which permit and require the expenditure of public funds for public purposes, the City of Richfield believes it necessary and appropriate to provide assistance and guidance to the officials, employees and representatives of Richfield to aid in the determination of when public funds may be spent for a public purpose. Definition A public purpose expenditure is one which relates to the purpose for which the City of Richfield exists and the duties and responsibilities of Richfield, its elected and appointed officials, employees and other representatives. Public Purpose Guidelines A. Training and development programs for Richfield employees serve a public purpose when those training and development programs are directly related to the performance of the employees' job- related duties and are directly related to the programs/services for which the City is responsible. B. Payment of employee work-related expenses, including travel, lodging and meal expenses, serves a public purpose when those expenses are necessarily incurred by Richfield employees in connection with their actual work assignments or official duties and those expenses are directly related to the performance of the governmental functions for which Richfield has responsibility. C. Appropriate safety and health programs for Richfield employees serve a public purpose because they result in healthier and more productive employees and reduce certain costs to the City and the taxpayers of Richfield, including various costs associated with workers' compensation and disability benefit claims, insurance premiums and lost time from employee absences. D. Public expenditures for appropriate Richfield employee and volunteer recognition programs serve a public purpose because formally recognizing employees and volunteers who make significant contributions and demonstrate their commitment during the performance of their duties result in higher morale and productivity among all Richfield employees and volunteers, and therefore help the City to fulfill its responsibilities efficiently and more cost effectively. E. Public expenditures for food and refreshments associated with official Richfield City functions serve a public purpose when the provision of food or refreshments is an integral part of the function and is deemed necessary to ensure meaningful participation by the participants. F. Public expenditures for appropriate community and customer outreach and similar activities serve a public purpose when those expenditures are necessary for Richfield to ensure the efficient operation of its programs/services, promote the availability and use of City resources, and promote coordinated, cooperative planning activities among and between the public and the private sectors. Specific Programs and Expenditures Every City of Richfield expenditure must be valid based upon the public purpose for which it is purchased. The following items are deemed to meet the Council definition of public purpose expenditures. PUBLIC PURPOSE EXPENDITURE PAGE 2 A. Employee Recognition and Engagement Programs The Richfield City Council recognizes the hard work and service performed by the employees of the City through a formal Employee Recognition Program. The City Council believes the benefits of attracting, retaining and motivating employees through an Employee Recognition Program support employee job satisfaction, which in turn impacts cooperation and productivity. The result is to provide excellent public and customer service to better serve the interests of the citizens of the community. The Employee Recognition Program is considered "additional compensation" for work performed by employees but is entirely dependent on receiving funding from year-to-year. No provisions of this policy, or its administration, shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. The Program may include: 1. City employees completing 5, 10, 15, 20, 25, 30, and 35 years of service may receive a service award not to exceed $150 in value, as determined by the City Manager. 2. Annually, the City may have an annual budget allotted to the City staff's Employee Recognition & Engagement Team. 3. Annually, the City may sponsor a Volunteer Recognition event to promote teamwork and coordination among the City Council, Department Directors, Commission/Committees, and employees. This event and/or a token gift for invited participants and their guests also serve as de minimus compensation for the service provided by the volunteers. 4. Annually, the City may sponsor a Holiday Party for City employees. In lieu of a Holiday Party, the City may sponsor an annual employee event, such as Rootbeer Float Day. 5. The City supports other events that are planned and paid for by employees. Examples of such events include holiday gatherings, golf and/or bowling tournaments. 6. The City supports recognition clocks and up to $65 for a cake in recognition of long-time service or retirement for employees, volunteers and elected officials. 7. Annually, at the end of each calendar year, each Department may receive designated funds related to participating in and promoting safety practices in their respective Departments. Each Department may use such funds to sponsor an employee event recognizing their employees' safety accomplishments. The cost of the elements of the Employee Recognition Program will be included in the City of Richfield Annual Budget. This item will be approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. B. Employee Wellness and Safety Programs The City Council recognizes the importance of employee fitness and health as it relates to the overall work and life satisfaction of the employee and the overall impact on the City's health insurance program. As such, the City Council supports an Employee Wellness Program, which has been designed to educate employees on fitness/health issues. The Employee Wellness Program is considered "additional compensation" for work performed by employees, but is entirely dependent on receiving funding from year-to-year. No provisions of this policy, or its administration, shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. PUBLIC PURPOSE EXPENDITURE PAGE 3 The cost of an Employee Wellness Program will be included in the City of Richfield Annual Budget. This item will be approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. The Employee Safety Program is funded by the Self -Insurance Fund. The City supports programs created by the Human Resources Division and the Safety Committee to promote and maintain a safe work environment. Safety incentive programs such as Richfield Safety Pays, which provide the opportunity for cash prizes for accident/injury-free work days, is an example of such programs. Such safety incentives shall be included in the City of Richfield Annual Budget. C. Meeting Food/Meals The City Council recognizes that situations in which City business needs to be discussed can and do occur during meal hours (i.e. luncheon meetings). In addition, there are public and employee meetings and events in which reasonable refreshments may be necessary to create a more productive environment and to be responsive to participants' time schedules. The following items are deemed to meet the Council definition of public purpose expenditures in regards to food and meals. 1. Meals and refreshments are allowed at City meetings and events that have a purpose of discussing City issues. These meetings would normally have a pre -planned agenda. 2. Meals and refreshments are allowed at employee meetings and events that have a purpose of discussing City issues or are a part of employee training. These meetings would also normally have a pre -planned agenda. These meetings could include new employee receptions to introduce new employees to existing employees, provide an orientation to the City, and promote teamwork and cooperation. This does not include routine staff meetings. 3. Meals and refreshments are allowed when they are part of a breakfast/lunch/dinner meeting for official City business when it is the only practical time to meet. Usually these meals involve meeting with City Council members, Committee/Commission members, business or civic organizations. Payment for fees relating to a special event, such as a Chamber of Commerce event, may also be allowed when approved by the City Manager and when attendance is deemed to meet the public purpose guidelines for community or customer outreach and marketing of the City. 4. Meals and refreshments may be provided during official meetings of the City Council, City Council committees, advisory boards/commissions, and taskforces that have purpose of discussing City business. These meetings would normally have a pre -planned agenda. 5. Travel expenses for employees as outlined in the Richfield Travel Reimbursement Policy. 6. Meals and refreshments are allowed where employees or volunteers are participating in a City -sponsored special event, participating in an outside event as an official representative of the City, or working additional hours and where the Department Director deems appropriate as recognition of efforts above those normally required. Because emergency personnel are often called to perform for extended periods of time and duties where refreshments are important to duty performance, emergency response personnel may be provided refreshments or food when it is deemed appropriate by the City Manager or Department Director to assure the delivery of quality emergency response service. 7. No purchase of alcoholic beverages is allowed at any time. The cost of these meals or fees is included in the departments' travel/conferences line -item in the City of Richfield Annual Budget. These items are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. PUBLIC PURPOSE EXPENDITURE PAGE 4 D. Membership, Dues, and Donations The City Council has determined that the City will fund memberships and dues (individual or organization) in professional organizations and City social and community organizations when the purpose is to promote, advertise, improve or develop the City's resources and relationships and not personal interest or gain. The cost of memberships/dues is included in the departments' dues and subscriptions line -item in the City of Richfield Annual Budget. These items are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. All donations must be approved by the City Council during the annual budget process and/or by City resolution. Donations provided by the City must be for programs that serve our citizens and are deemed to meet the public purpose guidelines. E. Education Reimbursement The Personnel Policy contains guidelines for a Richfield Employee Education Program (REEP). Job related advanced education meets the public purpose guidelines of this policy. The amount available for this program shall be considered annually. The cost of this program is contained in the City of Richfield Annual Budget. F. Clothing and Other Sundry Items Employees may receive T-shirts, and other sundry items of nominal value ($10.00) when these items; are made available to the general public or if these items are determined by the City Manager to be important to the successful involvement of employees in special City -sponsored or City -supported events (i.e. National Night Out, etc.). Employees may be supplied with uniforms, clothing, boots and other gear necessary for the performance of their job. The cost of these items for City -sponsored or City -supported events shall be contained in the City of Richfield Annual Budget. Conclusion The Richfield City Council has determined that the above expenditures are valid and serve a public purpose. Approved: /s/ Steven L. Devich City Manager RESOLUTION NO. RESOLUTION RESTABLISHING A CAR ALLOWANCE REIMBURSEMENT POLICY WHEREAS, the City Council has determined not to provide certain positions with a City vehicle for the performance of the employee's official City duties; and WHEREAS, said employees are required to use their own personal vehicle in the performance of their official duties; and WHEREAS, such employees are responsible for the fuel, maintenance, insurance and all other expenses required for the upkeep of their personal vehicles; and WHEREAS, the City Council finds it necessary to establish a policy to provide such employees with a car allowance reimbursement; and WHEREAS, the car allowance is an estimated amount intended to reimburse such employees for the reasonable expenses that they will incur in the performance of their official duties; and WHEREAS, the car allowance reimbursement represents the City's full obligation and responsibility regarding the provision of automobile transportation to such employees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following car allowance reimbursement schedule at the amount of $225 per month: Community Development Director Public Works Director Recreation Director Liquor Operations Director Superintendents Chief Building Official Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION RELATING TO THE 2017 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy 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 2017 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 2017 the following pay plan, which is to be effective the first full pay period of January 2017, and subject to all applicable provisions of the personnel policy and City Code: Effective the first full pay period of January 2017 STEP 1 2 3 4 5 6 RANGE GS1 YR 38,022.40 40,123.20 42,307.20 44,824.00 46,155.20 MO 3,168.53 3,343.60 3,525.60 3,735.33 3,846.27 BW 1,462.40 1,543.20 1,627.20 1,724.00 1,775.20 HR 18.28 19.29 20.34 21.55 22.19 GS2 YR 41,537.60 43,555.20 45,760.00 48,110.40 50,523.20 MO 3,461.47 3,629.60 3,813.33 4,009.20 4,210.27 BW 1,597.60 1,675.20 1,760.00 1,850.40 1,943.20 HR 19.97 20.94 22.00 23.13 24.29 GS3 YR 43,971.20 46,259.20 48,776.00 51,168.00 53,768.00 56,846.40 MO 3,664.27 3,854.93 4,064.67 4,264.00 4,480.67 4,737.20 BW 1,691.20 1,779.20 1,876.00 1,968.00 2,068.00 2,186.40 HR 21.14 22.24 23.45 24.60 25.85 27.33 GS4 YR 48,172.80 50,523.20 53,102.40 55,806.40 58,552.00 61,630.40 MO 4,014.40 4,210.27 4,425.20 4,650.53 4,879.33 5,135.87 BW 1,852.80 1,943.20 2,042.40 2,146.40 2,252.00 2,370.40 HR 23.16 24.29 25.53 26.83 28.15 29.63 GS4SNE YR 51,771.20 54,288.00 57,054.40 59,945.60 62,961.60 66,123.20 MO 4,314.27 4,524.00 4,754.53 4,995.47 5,246.80 5,510.27 BW 1,991.20 2,088.00 2,194.40 2,305.60 2,421.60 2,543.20 HR 24.89 26.10 27.43 28.82 30.27 31.79 GS5 YR 53,102.40 55,806.40 58,552.00 61,630.40 64,688.00 67,953.60 MO 4,425.20 4,650.53 4,879.33 5,135.87 5,390.67 5,662.80 BW 2,042.40 2,146.40 2,252.00 2,370.40 2,488.00 2,613.60 HR 25.53 26.83 28.15 29.63 31.10 32.67 GS5E YR 57,054.40 59,945.60 62,920.00 66,123.20 69,430.40 74,817.60 MO 4,754.53 4,995.47 5,243.33 5,510.27 5,785.87 6,234.80 BW 2,194.40 2,305.60 2,420.00 2,543.20 2,670.40 2,877.60 HR 27.43 28.82 30.25 31.79 33.38 35.97 GS6 YR 58,552.00 61,630.40 64,688.00 67,953.60 71,427.20 78,728.00 MO 4,879.33 5,135.87 5,390.67 5,662.80 5,952.27 6,560.67 BW 2,252.00 2,370.40 2,488.00 2,613.60 2,747.20 3,028.00 HR 28.15 29.63 31.10 32.67 34.34 37.85 GS6E YR 62,920.00 66,123.20 69,451.20 72,966.40 76,627.20 84,635.20 MO 5,243.33 5,510.27 5,787.60 6,080.53 6,385.60 7,052.93 BW 2,420.00 2,543.20 2,671.20 2,806.40 2,947.20 3,255.20 HR 30.25 31.79 33.39 35.08 36.84 40.69 a. Step 1 - Start b. Step 2 - One year from anniversary date. If an employee successfully passes probationary period. c. Step 3 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 3 until performance is rated Meets Expectations or higher. d. Step 4 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 4 until performance is rated Meets Expectations or higher. e. Step 5 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 5. f. Step 6 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 6. Employees whose competency level and/or performance are rated Below Expectations may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota this 13th day of December 2016. Debbie Goettel ATTEST: Elizabeth VanHoose City Clerk (Revised 12-2016) Mayor GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS 1 Office Aide Non -Exempt Data Entry Operator Non -Exempt Switchboard -Receptionist Non -Exempt 2 Community Development Technician Non -Exempt Community Service Officer Non -Exempt Custodian Non -Exempt Investigative Clerk Non -Exempt Lead Liquor Clerk Non -Exempt Licensing Clerk Non -Exempt Police Cadet Non -Exempt Senior Office Aide Non -Exempt 3 Accounting Clerk Non -Exempt Community Development Assistant Non -Exempt Environmental Health Specialist Non -Exempt Lead Licensing Clerk Non -Exempt Secretary Closed as of 1-1-16 Non -Exempt Utility Billing Clerk Non -Exempt 4 Administrative Aide Non -Exempt Assessment Clerk Non -Exempt Associate Planner Non -Exempt Deputy City Clerk Non -Exempt Forester Non -Exempt Information Technologies Help Desk Technician Non -Exempt Records Technician Non -Exempt Water Resources/GIS Specialist Non -Exempt 4SNE Administrative Aide (Closed as of 1-1-12) Non -Exempt 5 GIS Analyst/IT Technician Non -Exempt Housing Specialist Part-time Non -Exempt Information Technologies Technician Non -Exempt Recreation Supervisor Part-time Non -Exempt 5E Administrative Aide/Analyst Exempt Code Compliance Specialist Exempt Crime Prevention Specialist Exempt Executive Aide/Analyst Exempt Media Coordinator Exempt Multifamily Housing Program Coordinator Exempt Naturalist Exempt Payroll Accountant Exempt Records Supervisor Exempt Recreation Supervisor Exempt 6 Civil Engineer Non -Exempt Project Civil Engineer Non -Exempt Trade/Building Inspector or Trade/Electrical Inspector Non -Exempt 6E Accountant Exempt Community Development Accountant Exempt Network Administrator Exempt N*101111,110[a]►1ZEel RESOLUTION RELATING TO THE 2017 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy 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 2017 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 2017 the following pay plan, which is to be effective the first full pay period of January 2017, and subject to all applicable provisions of the personnel policy and City Code: PAY GRADE MINIMUM MID-RANGE MAXIMUM M -L YR 61,963.20 70,761.60 79,476.80 MO 5,163.60 5,896.80 6,623.07 BW 2,383.20 2,721.60 3,056.80 HR 29.79 34.02 38.21 M-1 YR 71,531.20 81,785.60 91,956.80 MO 5,960.93 6,815.47 7,663.07 BW 2,751.20 3,145.60 3,536.80 HR 34.39 39.32 44.21 M-2 YR 80,641.60 92,164.80 103,688.00 MO 6,720.13 7,680.40 8,640.67 BW 3,101.60 3,544.80 3,988.00 HR 38.77 44.31 49.85 M-3 YR 87,880.00 100,464.00 112,964.80 MO 7,323.33 8,372.00 9,413.73 BW 3,380.00 3,864.00 4,344.80 HR 42.25 48.30 54.31 M -4L YR 87,880.00 100,464.00 112,964.80 MO 7,323.33 8,372.00 9,413.73 BW 3,380.00 3,864.00 4,344.80 HR 42.25 48.30 54.31 M-4 YR 96,928.00 110,676.80 124,508.80 MO 8,077.33 9,223.07 10,375.73 BW 3,728.00 4,256.80 4,788.80 HR 46.60 53.21 59.86 M -5A YR 104,665.60 118,934.40 133,640.00 MO 8,722.13 9,911.20 11,136.67 BW 4,025.60 4,574.40 5,140.00 HR 50.32 57.18 64.25 M-513 YR 108,264.00 123,697.60 139,193.60 Mo 9,022.00 10, 308.13 11, 599.47 BW 4,164.00 4,757.60 5,353.60 HR 52.05 59.47 66.92 a C N C d Q. E O U s 0 L s H O .y N a) L tm 0 L- a. a E O Z 0 0 !' m N � m U O c 4-- ~m 0 U mO E O 0 .�•� m ^` a) LL w Wcn Qa) cu Z co c6 a) a) p o E d )i U) cu 0 E U n3 Q�M0 �`t LL c c6 Q� N oR 0 LU a) a v N � coU LO a Q) cu O U E -a 725 N O O m >.>_ wooer ,.0 0 o U W Q C o Lq z a) a) W m C: C/) U) ca p o 0 Z O� U) 0 N O Hcu O (1) Q) c �? cu co U �0 m Uk (u UJ J D Q) 0 0 s UU E OL Q) a) 0 > N Z0 �CD �> s c6 j'� a\ Z�� L. a) C: 0 c o cn v a) 2:L p r a--. 0 Q •� m >, U cn co O c n3 0 � .cn > Orn z m Q) oma—L a ELOM > +� �0 Z a)�m Q co 0 0 a) O a, a cn a) =5CD C i c6 L (%) U (� (n a) a W L U U Q Q) (D��a a) a) wH Q) E: Lo M L � >+ c — i� C Q� a) �'O ,- UJ O O Q� 0�`� 0 �. O ca >1 a) o ZLO� 0 0 0 m >,C �M� L? z O (L �a 0 c0 C CM ch C LV a)mm )V v) O� Q� CU>� z E L O o > O Q u o, � 0) L) 0)� .� a) 0 LL N Q) L Q O W Q Oan O a 0 0 0 � M �>°'m� ��coaa))0 a)+--0 U 0acnzz CD 0 C) m N � m Q) U m O m w M 0 E U � � Q) U 0 U m O U O O U m s m En cn /gym LL a) U m U) O 0 C c� vJ a) LU s N N Q w MANAGEMENT POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS M -L Liquor Store Manager Exempt M-1 Assistant HR Manager Exempt City Clerk Exempt Facility/Program Manager Exempt Operations Supervisor Exempt Planner Exempt Support Services Supervisor Exempt Utilities Supervisor Exempt M-2 Chief Building Official Exempt Operations Manager Exempt (Parks/Fleet, Gov't Buildings) Transportation Engineer Exempt M-3 Assistant Fire Chief Exempt City Engineer Exempt Housing & Redevelopment Manager/ Assistant Community Development Director Exempt Information Technologies Manager Exempt Operations Superintendent Exempt Utilities Superintendent Exempt M-41- Liquor Operations Director Exempt M-4 Assistant City Manager/HR Manager Exempt Deputy Public Safety Director Exempt M -5A Finance Manager Exempt Fire Services Director/Fire Chief Exempt Recreation Services Director Exempt M-513 Community Development Director Exempt Public Safety Director/Police Chief Exempt Public Works Director Exempt (Rev. 12-16) RESOLUTION NO. RESOLUTION RELATING TO THE 2017 SPECIALIZED PAY PLAN WHEREAS, the compensation personnel policy 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 2017 pay plan for the positions for which there are no essentially similar position classification 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 2017 the following pay plan which is to be effective the first full pay period of January 2017 and subject to the provisions of the personnel policy and City Code: EFFECTIVE THE FIRST FULL PAY PERIOD OF JAN 2017 SPECIALIZED PAY PLAN INTERMITTENT AND SEASONAL Pay Grade Step 1 Step 2 Step 3 Step 4 SP1-E/NE HR LEFT INTENTIONALLY BLANK SP2-E/NE HR LEFT INTENTIONALLY BLANK SP3-E/N E HR 9.74 10.27 10.77 SP4-E/N E HR 10.06 10.58 11.10 11.64 SP5-E/N E HR 10.83 11.43 11.94 12.57 SP6-E/N E HR 11.74 12.34 12.92 13.59 SP7-E/NE HR 12.66 13.30 13.95 14.64 SP8-E/N E HR 13.67 14.37 15.07 15.82 SP9-E/N E HR 14.77 15.53 16.27 17.09 SP 10-E/N E HR 15.99 16.76 17.63 18.52 SP1 1-E/NE HR 17.19 18.11 19.00 19.93 SP12-E/NE HR 18.64 19.51 20.48 21.56 SP 13-E/N E HR 19.95 21.02 22.10 23.25 Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to received increases to the next higher -grade step based on individual performance and the following progression: Step 1 - Start Step 2 — Minimum 500 hours worked per year from anniversary start date or two years from anniversary date Step 3 — Minimum 500 hours worked per year from anniversary date or two years from last increase. Step 4 — Minimum 500 hours worked per year from anniversary date or two years from last increase Passed by the City Council of the City of Richfield, Minnesota this 13th day of December 2016. Debbie Goettel Mayor ATTEST: Elizabeth VanHoose City Clerk 1 1 E Pool Coordinator 2 13 NE Utility Billing Assistant 3 E Cashier/Concession E Facility Rental Attendant Instructors NE Winter Sports Attendant NE Building Inspector NE Figure Skating 4 NE Arena Event Attendant NE Hockey (Arena) NE Dance Coordinator NE Housing & Redevelopment Tech. NE Recreation Attendant NE Sports Official NE Skate Coordinator NE Substitute Naturalist NE Dance 5 NE Adaptive Leader/Specialist E Cross Country Ski NE Custodian E Hockey (outside) NE Intern E Tennis NE Lead Concession E WSI E Lifeguard E Outdoor Skating/Winter Sports Supv OTHER Instructor's Range: $5.75 - $50 E Playground Leader Election Judge $10.00 NE Teen Leader Election Co -Chair $12.00 Election Chairperson $13.00 Building Attendant Liquor Sales Associate E=Non-Exempt, may work up to 40 Receptionist urs per week without overtime pay. Exempt may work up to 48 hours per Accounting Clerk ek without overtime pay. All Pool positions are exempt from overtime, even Housing Intern Concessions. Ice Resurfacer Operator All Playground and outdoor Rink positions are exempt. Community Center, Wood Lake Nature Center, Ice Arena Maintenance Worker and Maintenance positions are non-exempt. Naturalist 1 Adaptive Coordinator Farmers Market Coordinator Office Aide - Int. & Substitute Playground Coordinator Summer Food Program Coord. Teen Coordinator Tennis Coordinator Administrative Services Clerk Code Enforcement Tech Pool Supervisor Video Production Assistant Engineering Aide/Intern Motor Vehicle Licensing Clerk 6 NE NE NE 7 NE NE NE NE NE 8 NE NE NE E E NE E 9 NE NE E NE 10 NE 11 NE REPORT PREPARED BY AGENDA SECTON: OTHER BUSINESS AGENDA ITEM # 36. STAFF REPORT NO. 245 CITY COUNCIL MEETING 12/13/2016 Kari Sinning, Deputy City Clerk DEPARTMENT DIRECTOR REVIEW: N/A OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 12/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the designation of a Mayor Pro Tempore for 2017. EXECUTIVE SUMMARY: The City Charter states it is necessary to designate a City Council Member to serve as the Mayor Pro Tempore for those times when the Mayor is absent from the City. The Mayor Pro Tempore is typically designated at the first meeting of each year. However, with Mayor Goettel's recent election to the Hennepin County Board, she will end her term of office on December 31, 2016. Therefore, it would be more timely to appoint the 2017 Mayor Pro Tempore at this meeting so that the position would be effective for January 1, 2017. City Council Member Michael Howard served a Mayor Pro Tempore in 2016. RECOMMENDED ACTION: By Motion: City Council designation of a Mayor Pro Tempore for 2017. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT This information is contained in the Executive Summary. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy The City Council typically considers the designation of a Mayor Pro Tempore at the first meeting in January of each year. Section 2.06. The Mayor. Subdivision 1, of the City Charter states: "The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro temp who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City." C. CRITICAL TIMING ISSUES: It is necessary to designate a Mayor Pro Tempore to ensure continuation of City operations during an absence of the Mayor. D. FINANCIAL IMPACT: This designation is at no additional cost to the City. E. LEGAL CONSIDERATION: None. ALTERNATIVE RECOMMENDATIONS) The City Council could defer the designation to a future Special City Council meeting. PRINCIPAL PARTIES EXPECTED AT MEETING: N/A