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12-9-91 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, DECEMBER 9, 1.991 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF (1) SPECIAL CITY .COUNCIL BUDGET HEARING OF NOVEMBER 20, 1991; AND (2) REGULAR CITY COUNCIL MEETING OF .NOVEMBER 25, 1991 ' PRESENTATIONS 1. PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD FOR DISTINGUISHED BUDGET COUNCIL LETTER NO. 306 2. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA AGENDA APPROVAL 3. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR NOTE: CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR. APPROVAL. 4A. CONSIDERATION OF APPROVAL OF CONTINUATION OF AGREEMENT WITH CITY OF BLOOMINGTON FOR PROVISION OF PUBLIC HEALTH SERVICES FOR CITY OF RICHFIELD FOR THE YEAR 1992 C.L. 307 B. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING PRELIMINARY LAYOUT .FOR IMPROVEMENT OF TRUNK HIGHWAY 62 (CROSSTOWN) AT TRUNK HIGHWAY 121 (LYNDALE AVENUE) C.L. 308 C. CONSIDERATION OF APPROVAL OF CONTINUING AGREEMENT WITH HENNEPIN COUNTY COMMUNITY HEALTH DEPARTMENT TO RECEIVE STATE SUBSIDY FUNDING FOR 1992-1993 C.L. 3.09 D. CONSIDERATION OF APPROVAL OF CITY MANAGER'S APPOINTMENT OF A HEARING. EXAMINER C.L. 310 E. CONSIDERATION OF RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM GENERAL FUND FUND BALANCE FOR REIMBURSEMENT TO HOUSING AND REDEVELOPMENT AUTHORITY GENERAL FUND AIRPORT PLANNING DIVISION C.L. 311 F: CONSIDERATION OF RESOLUTION APPROVING BYLAWS OF RICHFIELD POLICE RELIEF ASSOCIATION INCORPORATING 1991 LEGISLATIVE CHANGES AND ELIMINATION OF DLSCONTINUANCE PROVISION FOR REMARRIAGE OF SURVIVING SPOUSE C.L. 312 G. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR lOD TREES FOR 1992 BOULEVARD TREE PLANTING FROM BACHMAN'S NURSERY WHOLESALE CENTER FOR AN AMOUNT OF $9,240 C.L., 313 H. ESTIMATE #1 PAYMENT FOR REPAIR OF DEEP WELL PUMP.#7, E.H. RENNER & SONS, INC., $14,228.15 I. ESTIMATE #2 PAYMENT FOR WATER PLANT FILTER UNDERDRAIN REHABILITATION, TONKA EQUIPMENT COMPANY,. $23,275.00 PUBLIC HEARINGS 5. PUBLIC HEARING TO CONSIDER THE ISSUANCE OF PAWNBROKER LICENSE .AND RENEWAL OF SECONDHAND GOODS LICENSE FOR: GUARANTY COIN 'EXCHANGE INC., d/b/a TWIN CITIES GOLD & SILVER, 750 WEST 66TH STREET COUNCIL LETTER NO. 314 6. PUBLIC HEARING TO CONSIDER RENEWAL OF PAWNBROKER AND • SECONDHAND GOODS LICENSE FOR PLAZA PAWN, 6414 NICOLLET AVENUE COUNCIL LETTER NO. 315 7. PUBLIC HEARING TO CONSIDER .RENEWAL OF PAWNBROKER-AND SECONDHAND GOODS LICENSE FOR FIREARM SYSTEMS AND DESIGN,. d/b/a THE GUI~t SHOP .AND PAWNBROKER, 7529 LYNDALE AVENUE COUNCIL'LETTER N0. 316 8. PUBLIC HEARING TO CONSIDER RENEWAL OF ON-SALE AND SUNDAY LIQUOR LICENSES FOR RICHFIELD RESTAURANT ACQUISITION CO., d/b/a CHP-MPPS SPORTS CAFE, 790 WEST 66TH STREET COUNCIL LETTER NO. 317 9. PUBLIC HEARING TO CONSIDER RENEWAL OF ON-SALE AND SUNDAY LIQUOR LICENSES FOR GROUND ROUND INC.,_150O EAST 78TH STREET COUNCIL LETTER NO. 318 10. PUBLIC HEARING. TO CONSIDER RENEWAL OF ON-SALE AND SUNDAY LIQUOR LICENSES FOR CONSUL RESTAURANT CORP., d/b/a CHI CHI'S MEXICAN RESTAURANTS, 7717 NICOLLET AVENUE COUNCIL LETTER NO. 319 11. PUBLIC HEARING TO CONSIDER RENEWAL OF ON-SALE WINE AND NON- . INTOXICATING MALT LIQUOR LICENSES. FOR DAVANNI'S INC., d/b/a DAVANNI'S PIZZA AND HOT HOAGIES, 2312 WEST 66TH STREET COUNCIL LETTER N0. 320 12. PUBLIC HEARING TO CONSIDER RENEWAL OF ON-SALE WINE AND NON- INTOXICATING MALT LIQUOR LICENSES FOR MILLER'S FIRESIDE PIZZA, INC., 6736 PENN AVENUE COUNCIL LETTER N0. 321 13. PUBLIC HEARING TO CONSIDER RENEWAL OF CLUB ON-SALE AND SUNDAY LIQUOR .LICENSES FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE COUNCIL LETTER N0. 322 14. PUBLIC HEARING TO CONSIDER RENEWAL OF CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR FRED.BAB000K V.F.W. POST NO. 5555, 710 LAKE SHORE DRIVE COUNCIL LETTER N0. 323 ADMINISTRATIVE REPORTS Sc OTHER BUSINESS 15. CONSIDERATION OF SELECTION OF AUDITOR FOR AUDIT OF CITY FINANCIAL REPORT FOR ONE YEAR PERIOD ENDING DECEMBER 31, 1991 COUNCIL LETTER NO. 324 16. CONSIDERATION AS TO WHETHER TO HOLD A CITY COUNCIL MEETING ON DECEMBER 23, 1991 COUNCIL LETTER NO. 325 AIRPORT BUSINESS 17. AIRPORT STATUS REPORT CORRESPONDENCE 18. LEGISLATIVE REPORT COUNCIL CHOICE 19. COUNCIL DISCUSSION ITEMS 20. CLAIMS AND PAYROLLS ADJOURNMENT / c!~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 325 Agenda December 9, 1991 Issue Statement: Council consideration as to whether to hold a City Council meeting on December 23, 1991. Background• The City Council regularly meets-the second and fourth Monday of each month. However, items for the December 23 Council meeting can be carried over to January 1992: It is suggested that the regular City Council meeting scheduled for December 23 be cancelled. Recommended Motion: Cancel the City Council meeting regularly scheduled for December 23, 1991. Basis of Recommendation: 1. The City Council business can be carried over to January 1992. 2. The December 23 meeting is two days before the Christmas holiday. Alternative Recommendation: 1. Do not cancel the December 23 City Council meeting. 2. Reschedule the Council meeting. Discussion/Decision Mode: This item has. been placed on the December 9, 1991 Council agenda so proper notification can be given if the meeting is cancelled. Respectfully submitted, Jame D. Prosser City Manager JDP:cak l~ CITY OF .RICHFIELD, MINNESOTA Council Letter No. 324 Agenda December 9, 1991 Issue Statement• Selection of an•auditor for the audit of City financial report for the one year period ending December`31, 1991. Background: In 1985, the City of Richfield solicited proposals from audit firms for auditing services for the fiscal years 1985 through 1989. At the conclusion of that selection process, the audit firm of Deloitte,. Haskins & Sells (DH&S) was selected and an agreement for service for the five year period was executed. After the five year term concluded, the City selected Deloitte & Touche to audit the City's finances for the year ending December 31,.1990. During the .past six year association with Deloitte, Haskins & Sells (now Deloitte & Touche), the City of Richfield has attained a certificate of achievement for financial reporting in each of those years. In addition, Deloitte & Touche has been a very valuable information resource to the City for a number of financial issues that have arisen. Based upon the auditing relationship with Deloitte during the past six years, the City requested a one year proposal from Deloitte & Touche to audit the 1991 financials. In the one year proposal, Deloitte has proposed providing the audit service for the City for a fee of 524,900. A single audit fee of $3,500 for the Housing and Redevelopment Authority was eliminated and folded into the City audit and financial report at the suggestion of Deloitte & Touche and direction of the City Council. In comparison, the City is receiving audit services for the City and HRA at a cost of $24,900 in 1992, as compared with $26,900 in 1991. In addition, $3,000 for audit of the Fire Relief Association was also proposed. The-cost is less than the amount charged in the previous year because the Police Relief has consolidated with PERA. The cost is paid for directly through the Relief Association. Another important consideration is the change in the City's Finance Manager at the end of 1991. Jean Mitchell, the City's current Financial Manager, will be replaced by Bridget Wahlstrom at year end 1991. It would be beneficial to maintain the same auditors for Ms. Wahlstrom in her first year, as Finance Manager, insofar as audit procedures will be familiar to her and the rest of the finance staff. Thus, in summary, considering the level of service received by the City of Richfield from the Deloitte & Touche firm, the proposed cost of 1991 audit services, and the change in the City's Finance Manager, it is recommended that the City engage Deloitte & Touche to audit the City's financial records for the year ending December 31, 1991. /5/ Recommended Motion: Authorize the City Manager to execute an agreement with Deloitte & Touche for audit services for the year ending December 31, 1991. Basis for Recommendation: 1. The Deloitte & Touche firm has served as the City's auditor for the past six years and during that time, the City has attained six awards for its financial reporting. 2. The Deloitte & Touche firm serves as the auditor for several other metropolitan municipalities which hold Certificates of Achievement in Financial Reporting, including Bloomington, Brooklyn Center, Eagan, Minnetonka and Robbinsdale. 3. The fees for the audit service proposed by Deloitte & Touche are very reasonable and provide a decrease from the previous year for the City and HRA audit. Alternative Recommendation: The City Council could authorize the City Manager to solicit audit proposals from additional auditing firms. Discussion/Decision Mode: It is suggested that action on this item be taken at the December 9, 1991 City Council meeting so that the preliminary work necessary for the audit may begin as soon as possible. Respect lly submitted, James Prosser City M alter JDP:ds. l~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 323 Agenda December 9, 1991 Issue Statement: Renewal of 1992 club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, located at 710 Lake Shore Drive. Background• On November 6, 1991, the City received the renewal applications and other required documents for the club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • One new officer, Mr. Roger Fahrenkrug, was elected as a post officer in 1991. Mr. Charles Thyr, Mr. Thomas Goalen and Mr. Richard Christie continue to serve as the other three post officers. A copy of the list of officers is attached to this letter. Mr. Roy J. Hitchcock continues to serve as Club Manager. In 1987, the Jr. Vice Commander was convicted of driving while under the influence of liquor, and on two other occasions. (March 1987 and December 1.988) was arrested in Richfield for driving while under the influence of alcohol. • All general sales, real estate and withholding taxes have been paid and are current. • The property and building continue to be owned by Fred Babcock V.F.W. Post No. 5555. • The $10,000 bond issued by Allied Mutual Insurance Company has been submitted. • The required proof of liquor liability insurance coverage has been received showing USF&G Insurance Company as affording the required coverage. Proof of workers' compensation insurance coverage was also supplied. • An accountant's statement has been prepared and submitted. This statement covers the period-from July 1990 through June 1991 and indicates that food sales accounted for 54$ of the total sales, while beer and wine sales accounted for 46g of the total sales. • As of January 1, 1992, all current liquor servers have attended a Liquor Awareness Seminar and will attend this seminar yearly. They also will be certified in CPR or attend CPR classes. From November 1990 through October 1991, there were 14 Public Safety contacts with Fred Babcock V.F.W. Post No. 5555. This. compares with 16 contacts for the previous year. A breakdown of these contacts is attached to this letter. 1~f-I The environmental health staff received one complaint in 1991. After an inspection was made, it was determined that the complaint was not valid. Recommended Motion: Approve the renewal of the 1992 club on-sale and Sunday liquor license for Fred Babcock V.F.W. Post No. 5555. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City codes and State statutes pertaining to on-sale and Sunday liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1992, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statutes 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Fred .Babcock V.F.W. Post No. 5555 club on-sale, and Sunday liquor licenses has been scheduled for December 9, 1991. These licenses expire January 1, 1992. Therefore, if the Council decides to continue the hearing beyond December 9, any subsequent hearing should be held before the licenses expire. Respectf ly submitted, Jame Prosser City nager JDP:ds ~ y-~ PUBLIC SAFETY CONTACTS NOVEMBER 1990 THROUGH OCTOBER 1991 FRED BABCOCK V.F.W. POST #5555 Total Contacts ~~~ 16 X91 14 Total Criminal Contacts ~ 5 ~~ Bar Type ~~ ( 3 ) ( 2 ) Misc. Non-Criminal g 8 Assists (4) (3) Traffic/Parking (0) (2) Inspections/Licensing (5) (0) Medical/Fire (0) (3) The criminal contacts for 1991 were two suspicious persons, one vandalism, two assaults and one theft. `~ Fred Babcock VFW Post #5555 Officers/Titles Charles Thyr Commander Thomas Goalen Sr. Vice-Commander Roger Fahrenkrug Jr. Vice-Commander Richard Christie Quartermaster /~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 3Z2 Agenda December 9, 1991 Issue Statement: Renewal of 1992 club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435, located at 6501 Portland Avenue. Background• On November 5, 1991, the City received the renewal applications and other required documents for the club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Legion Post 435. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Two new officers, Mr. James White and Mr. Donald Vogtman, were elected as a post officers in 1991. Mr. Lee Hathaway and Mr. Donald Vogtman continue to serve as the other two post officers. Mr. Patrick Anzevino became the new Club Manager in 1991.- None of these individuals has any known criminal record. • All general real estate taxes, state sales and withholding taxes have been paid and are current. • The property and building continue to be owned by the American Legion. • The 510,000 bond issued by United Fire & Casualty Company has been submitted. • The. applicant has not supplied proof of liquor liability .insurance coverage, but they-have assured the City that as soon as their insurance agent-and the managing board decide on which carrier will be affording the required coverage, a copy of a certificate of insurance detailing this coverage will be sent to the city before January 1, 1992. The applicant has supplied proof of workers' compensation coverage. • An accountant's statement has been prepared and submitted. This statement covers the period from November 1990 through October 1991 and indicates that food sales accounted for 500 of the total sales, while beer and-wine sales accounted for 50~ of the total sales. From November 1990 through October 1991, there were 31 Public Safety contacts with the American Legion. This compares with 37 contacts for the previous year. A breakdown of these contacts is attached to this letter. The environmental health staff received one complaint in 1991 regarding the restaurant. Environmental health staff contacted Bloomington sanitarians and an inspection of the restaurant was conducted. No other complaints have been received by environmental health staff since. 13-~ Recommended Motion: Approve the renewal of the 1992 club on-sale and Sunday, liquor licenses for Minneapolis-Richfield American Legion Post 435 with the stipulation that the American Legion pay the outstanding City utility payments currently due in the amount of $6,496.41 within 30 days of the date of approval of their licenses. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City codes and State Statutes pertaining to on-sale and Sunday liquor licensing with the exception of the City utility payments. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1992, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota -State Statutes 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until. the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the licenses not. be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Minneapolis-Richfield American Legion Post 435 club on-sale and Sunday liquor .licenses has been scheduled for December 9, 1991. These licenses expire January 1, 1992. Therefore, if the Council decides to continue the hearing beyond December 9, any subsequent hearing .should be held before the licenses expire. Res~ec~ully submitted, James//D. Prosser Cit anac~er JDP:ds / ~3-~ PUBLIC SAFETY CONTACTS DECEMBER 1990 - NOVEMBER 1991 MPLS. - RICHFIELD AMERICAN LEGION POST 435 Total Contacts ~ 37 ,1. 991 31 Criminal Contacts. 23 19 "Bar Type" (Included in Crim. Contacts) (10) (5) Alarm (Q) (6) Misc. Non-Criminal 14 12 Assists (5) (5) .Traffic/Parking (2) (4) Inspections/Licensing (~) (p) Medical/Fire (0) (3) The criminal contacts for 1991 were three thefts, two susp. persons, one vandalism, one forgery, one swindle/con game, one noise complaint, one assault, one disorderly conduct, one detox and one domestic. ~J MPLS-RICHFIELD AMERICAN LEGION POST 435 OFFICERS AND DIRECTORS Lee Hathaway - President. James White - Vice President Theodore Stage - Secretary Donald Vogtman - Treasurer /~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 321 Agenda December 9, 1991 Issue Statement: Renewal of 1992 on-sale wine and non-intoxicating malt liquor licenses for Miller's Fireside Pizza, Inc. located at 6736 Penn Avenue. Background• On October•28, 1991, the City received the renewal applications and other required documents for the wine and non-intoxicating malt liquor licenses for Miller's Fireside Pizza, Inc. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: . • The corporate structure of the organization remains unchanged from last year. A copy of the list of officers of the corporation is attached to this letter. Mr. David Miller continues to serve as the General Manager of the restaurant. None of these individuals has any known criminal record. • All general real estate taxes, state sales and withholding taxes have been paid and are current. The building and property continue to be owned by the Millers. • The applicant has supplied proof of liquor liability insurance coverage. This coverage indicates that Transcontinental Insurance Company is also affording the required liquor liability insurance coverage. The applicant has supplied proof of workers' compensation insurance coverage. • An accountant's statement has been prepared and submitted by Mr. Richard Ellsworth of the George M. Hanson Company, P.A. This statement covers the period from September 1990 through August 1991 and indicates that food sales accounted for 92% of the total sales, while beer and wine sales accounted for 8~ of the total sales. From December 1990 through. ..October 1991, there were six Public Safety contacts with Miller's as compared to five contacts for the previous year. Of these six contacts, three were of a criminal nature, and three were non-criminal contacts. A breakdown of these contacts is attached to this letter. There were no environmental health complaints received during this time period. Recommended Motion: Approve the renewal of the 1992 wine and non-intoxicating malt liquor licenses for Miller's Fireside Pizza, Inc. (~-I Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City codes and State statutes pertaining to on-sale wine and non-intoxicating malt liquor licenses. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1992, the Council should consider the granting of a license extension to allow the applicant to continue to sell wine and non-intoxicating malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statutes 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity. for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Miller's Fireside Pizza, Inc. wine and non-intoxicating malt liquor license has been scheduled for December 9, 1991. Their current licenses expire January 1, 1992. Therefore, if the Council decides to continue the hearing beyond December 9, any subsquent hearing should be held before the licenses expire. Respect ully submitted, Jame D. Prosser City Manager JDP:ds ~a-~ PUBLIC SAFETY CONTACTS NOVEMBER 1990 - OCTOBER 1991 MILLER'S FIRESIDE PIZZA Total Contacts X912 5 6 Criminal Contacts 3 "Bar Type" (Included in Crim. Contacts) (0) Misc. Non-Criminal 2 Assists (2) Traffic/Parking (p) Inspections/Licensing (p) Medical/Fire (p) 3 (0) 3 (2) (~) (0) (1) The criminal contacts for 1991 were one bike theft, one warrant, and one theft. 1 ~ -3 MILLER'S FIRESIDE PIZZA, INC. Partners/Officers Name and Title: David J. Miller - President Lucille Miller - Vice President Lucille Miller - Secretary David J. Miller - Treasurer // CITY OF RICHFIELD, MINNESOTA Council Letter No. 320 Agenda December 9, 1991 Issue Statement• Renewal of 1992•on-sale wine and non-intoxicating malt liquor licenses for Davanni's Inc. d/b/a Davanni's Pizza and Hot Hoagies located at 2312 West 66th Street. Background• On 0ctober•22, 1991 the City received the renewal applications and other required documents for the wine and non-intoxicating malt liquor licenses for Davanni's Pizza and Hot Hoagies. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization remains unchanged from last year. A copy of the list of officers of the corporation is attached to this letter. Ms. Constance Zweber continues to serve as the General Manager of the restaurant. None of these individuals has any known criminal record. • All general real estate taxes, state sales and withholding taxes have been paid and are current. The building and property continue to be owned. by Hwy #52 Embers Inc., and-the lease agreement between the applicant and the landlord continues to be in effect with all payments current. • The applicant has supplied proof of liquor liability insurance coverage. This coverage indicates that Transcontinental Insurance Company is also affording the required liquor liability insurance coverage. The applicant has supplied proof of workers' compensation insurance coverage. • An accountant's statement has been prepared and submitted by Mr. Robert J. Stupka, C.P.A. This statement covers the period from. September. 1990 through September 1991 and indicates that food sales accounted for 91$ of the total .sales, while beer and wine sales accounted for 90 of the total sales. From November 1990 through October 1991, there were four Public Safety contacts with Davanni's as compared to 20 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff received one complaint during this same time period that related to people preparing food without wearing gloves. Environmental health staff contacted Bloomington sanitarians and an inspection of the restaurant was conducted. No other complaints have been received by environmental health staff since. Recommended Motion: Approve the renewal of the 1992 wine and non-intoxicating malt liquor licenses for Davanni's Inc., d/b/a Davanni's Pizza & Hot Hoagies for 1992. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both .City codes and State statutes pertaining to on-sale wine and non-intoxicating malt liquor licenses. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1992, the Council should consider the granting of a license extension to allow the applicant to continue to sell wine and non-intoxicating malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statutes 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes. effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider .the requests for the renewal of _. Dayanni's Inc., d/b/a Davanni's.Pizza & Hot.Hoagies wine and non- intoxicating malt liquor licenses has been scheduled for December 9, 1991. Their current licenses expire January 1, 1992. Therefore, if the Council December 9, any subsequent licenses expire. decides to continue the hearing beyond hearing should be held before the Respec u ly submitted, Jams Prosser City Manager JDP:ds l1- ~. PUBLIC SAFETY CONTACTS NOVEMBER 1990 - OCTOBER 1991 DAVANNI'S PIZZA & HOT .HOAGIES Total Contacts ~.Q, 20 9~1 4 Criminal Contacts "Bar Type" (Included in Crim. Contacts) Misc. Non-Criminal Assists Traffic/Parking Inspections/Licensing 12 (7) 8 (2) (5) (1) 3 (0) 1 (0) (0) (1) The criminal contacts for 1991 were one susp. vehicle, one bike theft and one found property. ~'~ DAVANNI'S PIZZA AND HOT HOAGIES Partners/Officer and Titles: Gladstone M. Stenson - President Roger. W. Schelper - Vice President Robert W. Carlson - Treasurer lC~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 319 Agenda December 9, 1991 Issue Statement: Renewal of 1992 on-sale and Sunday liquor licenses for Consul Restaurant Corp., d/b/a Chi Chi's Mexican Restaurante, located at 7717 Nicollet Avenue. Background• On October•31, 1991, the City received the renewal applications and other required documents for the on-sale and Sunday liquor licenses for Chi Chi's Mexican Restaurante. .The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization remains unchanged from last year. A copy of the list of officers and directors of the corporation is attached to this letter. Mr. Michael Davis continues to serve as the General Manager of the restaurant. None of these individuals has any known criminal record. • All general sales and withholding taxes have been paid and are current. • Their City water bills have not been paid. As of December 3, 1991, $4,721.60 is still owing. • Consul' Restaurant Corp. d/b/a Chi Chi's Mexican Restaurante has filed Chapter 11 Bankruptcy. As a result, the real estate taxes have not yet been paid. • The lease agreement between the applicant and the property owner, Maro-Max Company, continues to be in effect with all lease payments being current. • The $10,000 bond issued by Northbrook Property and Casualty Insurance Company has been submitted. • The required proof of liquor liability insurance coverage has been received showing Northbrook Property and Casualty Insurance Company as affording the required coverage. Proof of workers' compensation insurance coverage was also supplied.. • An accountant's statement has been prepared and submitted. This statement covers, the period from October 1990 through September 1991 and indicates that food sales accounted for 62% of the total sales, while liquor sales accounted for 380 of the total sales. ~o-~ - From November 1990 through October 1991, there were 118 Public Safety contacts with Chi Chi's. This compares with 133 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff received a total of four complaints in 1991. One complaint involved long grass and weeds on the property. The other three were restaurant complaints which were investigated by Bloomington sanitarians and corrected. No other further complaints have been received by staff. In August 1991, the Restaurant voluntarily closed for three. days when it was discovered that one of their cooks had a confirmed case of Hepatitis A. The Restaurant cooperated. fully with City, County and State Health Officials and re-opened with their approval three days later. Recommended Motion: Approve the renewal of the 1992 on-sale and Sunday liquor licenses for Chi Chi's Mexican Restaurante. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City codes and State statute pertaining to on-sale and Sunday liquor licensing, with the exception of payment of property taxes. 2. Based upon. the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. .The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1992, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to .suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statutes 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the licenses not be revoked or suspended. lQ~~ Discussion/Decision Mode: The public hearing to consider the requests .for the renewal of Chi Chi's Mexican Restaurante on-sale and Sunday liquor .licenses has been scheduled for December 9, 1991. These licenses expire January 1, 1992. Therefore, if the Council decides to continue the hearing beyond December 9, any subsequent hearing should be held before the licenses expire. Respect~glly submitted, Jam ~' Prosser Cit anaaer JDP:ds 10-~ PUBLIC SAFETY CONTACTS NOVEMBER 1990 THROUGH OCTOBER 1991 CHI CHI'S MEXICAN RESTAURANTE 1991 Total Contacts -133 118 Total Criminal Contacts 72 71 "Bar Type" (Included in Crim. Contacts)(27) (31) Alarm (0) (4) Misc. Non-Criminal 61 47 Assists (33) (30) Traffic/Parking (12)~ (10} .Inspections/Licensing (16) (0) Medical/Fire (0) (7} The criminal contacts for 1991 were nine thefts,-three vandalsms, four warrants, six susp persons, six vehicle thefts,. two recovery other agency stolen, two susp vehicles, one narcotics, one no pay, one misc prop/person crimes, one NSF, two juvenille liquor violations, four DWI's, five disorderly conduct, three drunkenness, one alcohol/drug possession, four domestic, seven assault, two detox, one suicide attempt and two noise complaints. ~d-~-! CHI CHI'S MEXICAN RESTAURANTE Partners/Officer and Titles: William Etter President. H. Thomas Mitchell Secretary- Robert Lamp Treasurer CITY OF RICHFIELD, MINNESOTA Council Letter No. 318 Agenda December 9, 1991 Issue Statement• Renewal of 1992•on-sale and Sunday liquor licenses for the Ground. Round Inc., 1500 East 78th Street. Background• On November 4, 1991, staff received the renewal applications for on-sale and Sunday liquor licenses for The Ground Round Inc. All required fees have been paid. Public Safety's investigation is complete and reveals the following: • There was one individual added to the Board of Directors in 1991. Frank M. Puthoff is now serving as Secretary. A copy of the list of officers of the corporation is attached to this letter. Mr. Richard West continues to serve as the General Manager of the restaurant. None of these individuals has any known criminal record. • All general sales, real estate and withholding taxes have been paid and are current. • The lease with A.G. Bogen (property owner) is in effect and all payments are current. • The $10,000 bond, proof of liquor liability insurance coverage and proof of workers' compensation insurance coverage will be submitted by the first week in December. • A statement has been prepared and submitted by Maryanne Colleran Bowe, C.P.A. This statement covers the period from October 1990 through September 1991 and indicates that food sales accounted for 58~ of the total sales, while beer and wine sales accounted for 42$ of the total sales. From November 1990 through October 1991, there were 38 Public Safety contacts with the Ground Round. This compares with 27 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff received one complaint concerning a fence on the property that was in need of repair. A letter was sent to The Ground Round Inc. and the problem was resolved. There have been no other complaints received since then. Recommended Motion: Approve the renewal of the 1992 on-sale and Sunday liquor licenses for The Ground Round Inc. JI Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City codes and State statutes pertaining to on-sale and Sunday liquor licensing. 2. .Based upon the information supplied by the applicant and the. investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing,. however, if the hearing is continued beyond January 1, 1992, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statutes 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of The Ground Round Inc. on-sale and Sunday liquor licenses has been scheduled for December 9, 1991. These licenses expire January 1, 1992. Therefore, if the Council decides to continue the hearing beyond December 9, any subsequent hearing should be held before the licenses expire. Respect ly submitted, Jame Prosser City nager JDP:ds ~-a PUBLIC SAFETY CONTACTS NOVEMBER 1990 - OCTOBER 1991 GROUND ROUND RESTAURANT Total Contacts 27 Criminal Contacts 11 "Bar Type" (Included in Crim. Contacts) (3) Alarm (0) Misc. Non-Criminal 16 Assists (12) Traffic/Parking (2) Inspections/Licensing (2) Medical/F~.re ( 0 ) ~-9 38 21 (6) (2) 17 (15) (2) (0) (0) The criminal contacts for 1991 were five thefts,. two no pays, one narcotics, two misc prop/person crimes, two vandalisms, one swindle/con game, four assault, one domestic and one drunkenness. ~~~ THE GROUND ROUND INC. Partners/Officers and Titles:. Michael O'Donnell - President Robert King - Vice-President/Treasurer Frank Puthoff - Secretary. CITY OF RICHFIELD, MINNESOTA Council Letter No. 317 Agenda December 9, 1991 Issue Statement• Renewal of 1992.on-sale and Sunday liquor licenses for Richfield Restaurant Acquisition Co. d/b/a Champps Sports Cafe, located at 790 West 66th Street. Background• On 0ctober~31, 1991, the City received .the renewal applications and other required documents for the on-sale and Sunday liquor licenses for Champps Sports Cafe. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • The corporate structure of the organization remains unchanged from last year. Mr. Arthur E. Pew III remains the sole owner of the restaurant. Mr. Christopher McHugh continues to serve as the General Manager of .the restaurant. Neither of these individuals has any known criminal record. • All general sales, real estate and withholding taxes have been paid and are current. • The lease between the applicant and the property owner, Market Plaza Commercial Ltd., is in effect with all .payments current. • The $10,000 bond issued by Old Republic Surety Company has been .submitted. • The required proof of liquor liability insurance coverage has been received showing Park Glen National Company as affording the required coverage. Proof of workers' compensation insurance coverage was also supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 1990 through September of 1991 and indicates that food sales accounted for 61% of the total sales, while liquor sales accounted for 39% of the total sales. From November 1990 through October 1991, there were 67 Public Safety contacts with Champps. This compares with 75 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff received 14 complaints in .1991 regarding Champps. One complaint was related to debris on the property. Twelve complaints related to grease/food odors and were referred to Bloomington sanitarians. One complaint was a garbage pickup that was being made before 7:00 a.m. These have all since been resolved and no further complaints have been received by staff. !' Recommended Motion: Approve the issuance and renewal of the 1992 on-sale and Sunday liquor licenses for Champps Sports Cafe. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City codes and State statutes pertaining to on-sale and Sunday liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1992,-the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages.. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Champps Sports Cafe on-sale and Sunday liquor licenses has been scheduled .for December 9, 1991. These licenses expire January 1, 1992. Therefore, if the Council decides to continue the hearing beyond December 9, any subsequent hearing should be held before the licenses expire. y submitted, Jame Prosser City anager JDP:ds ~,_ PUBLIC SAFETY CONTACTS. OCTOBER 1990 THROUGH NOVEMBER 1991 CHAMPPS SPORTS CAFE TOTAL CONTACTS 75 67 Total Criminal Contacts 41 33 "Bar Type" (Included in Crim. Contacts) (22) (19) Alarms (p) (~) Total Misc. Non-Criminal 34 34 Assists (24) (20) Traffic/.Parking (~) (g) Inspections/Licensing (3} (0) Medical/Fire (0) (5) The criminal contacts for 1991 were one misc. ord. viol., two thefts; two-susp:°persons, one bike theft, one found property, one assault, four disorderly conduct, twelve noise complaints, one malicious mischief and one detox. ~~~ THE FOLLOWING RESOLUTION IS ATTACHED TO THIS COUNCIL LETTER ONLY. HOWEVER, IT ALSO APPLIES TO ITEMS 9 THROUGH 14. G~ 0 CITY OF RICHFIELD RESOLUTION NO. 7380 RESOLUTION SPECIFYING CERTAIN IMPROPER CONDUCT OF ON-SALE INTOXICATING LIQUOR LICENSEES AND STATING RECOMMENDED DISCIPLINE THEREFOR BE IT RESOLVED by the City Council of the City of Richfield as follows: I. BACKC~ROJJNJ) STAT .M .NT The City of Richfield annually issues a number of licenses permitting the on-sale sale of intoxicating liquor within the City. The conduct of the licensed activity is .governed by the provisions of Section 1200 of-the City Code. Although, the provisions of that Section describe in a general way what is expected of licensees in the proper conduct of the licensed activity, the City Council is concerned that licensees should have a more specific understanding of the types of conduct, generally described in the Code, which may subject their licenses to discipline; and. further that they have a clear understanding of the scope and nature of the discipline which may be imposed for certain specific conduct. The levels of discipline described in this resolution will be imposed only in accordance with the applicable provisions of law. The list of activities and conduct contained in this resolution is not intended to be exhaustive, but rather concentrates on the. types of conduct most frequently observed at licensed establishments. Other activity or conduct which is detrimental to the public safety, health, morals and g-~ welfare .and which constitutes a violation of the provisions of Section 1200 of the City discipline. The actions with this resolution are actions such as actions prosecution available to this resolution. Code may also subject liquor licenses to which the City may take in accordance not intended to preclude such further Cn law or in equity or criminal the City for the conduct described in II . SPF.C'TFTC' PRnHTATTF.D C~NDUC'T AND PRnPnSF.D SANC'TTnNS _ A. NnicP anc3 nt-h r Di ~tt~rhi n ~ C'c~ndi~ct W thi n car N .ar thE? Licensees are responsible for the conduct of their patrons while within the licensed establishment; and of individuals within the immediate vicinity of the establishment who are either coming to or leaving the establishment. The City is unwilling to permit the continued operation of a licensed liquor establishment in circumstances where it is evident that the licensed activity is having a detrimental impact upon the health, welfare, safety and morals of the community and patrons of the establishment. The following discipline may be imposed upon on-sale intoxicating liquor licenses for verified reports of criminal misconduct occurring on or near the licensed premises and attributable to patrons of the establishment (including persons entering or leaving): a) For five (5) such incidents occurring within less than a 31-day. period (beginning with the date of the first of such five incidents) - suspension of the license for ~~~ up to 10 days and a civil fine of $2,000 for each incident... b) For ten (10) such incidents occurring within less than a 61-day period (beginning with the date of the first of such incidents) - suspension of the license for up to 30 days_and a civil fine of $2,000 for each incident. c) For fifteen (15) such incidents occurring within any 91- day period (beginning with the date of the first of such incidents) - suspension of the license for up to 60 days and a civil fine of $2,000 for each incident. The discipline outline above is intended to be cumulative in nature, and incidents which give rise to discipline (or the right to discipline) during a shorter period may be counted in determining whether discipline is appropriate during a longer period. The term "verified-.reports of criminal misconduct" means a report made to the director of public safety by the licensee or a°complaint made by others concerning an incident constituting a crime under the City Code or the laws of the State of Minnesota, which, in the opinion of the director, is directly attributable to the licensed activity. Verified reports of criminal misconduct do not of necessity mean requests for service, and licensees .shall not be required to make requests. for service in situations where the licensee is fi` capable of resolving the incident without police assistance. However, it is necessary for the City to have an accurate measure of the level of criminal misconduct. The department of public safety shall establish standards and criteria for the making of such reports by the licensee. If the licensee fails to make the required reports of criminal misconduct in accordance with such standards and criteria, the following additional discipline may be imposed upon its on-sale intoxicating liquor license: a) For the first incident of failure to report criminal misconduct within any license year - suspension of license for up to five days and a civil fine of $2,000. b) For the second such incident in any license year - suspension of license for up to 10 days and a civil fine of $2,000. c) For the third such incident in any license year - suspension of license for. up to 15 days and a civil fine of $2,000. B. Prpmi cP~ with Al .c~hnl ; r~ BPVPracTc~a Licensees must assure that the service and consumption of alcoholic beverages will be confined only to those areas permitted by the license. Failure to do so may have an evident and adverse impact upon other activities lawfully occurring within the area and creates a substantial risk of criminal behavior such as violation of the 8- S~ Open Bottle Law. The following discipline may be imposed upon on-sale intoxicating beverage licenses: a) The first incident during the license year - up to a 10- day suspension and $2,000 civil fine. b) The second incident during the license year - up to a 30-day suspension and 52,000 civil fine. c) The third incident during the license year - up to a 60- day suspension and $2,000 civil fine. d) The fourth incident during the license year - revocation of license. C. .Licensees are absolutely bound to prevent situations in which the licensed premises become overcrowded. The City finds that the opportunity to serve alcoholic beverages contributes to an environmental wherein overcrowding, if not strictly controlled by the licensee, may occur. Each liquor license issued shall state the :maximum occupancy limit for the licensed premises. The following discipline may be imposed upon on-sale intoxicating liquor licenses for incident of overcrowding verified by the City's public safety director: a) The first incident during the license year - up to a 10- day license suspension and $2,000 civil fine. b) The second incident during the license year - up to a -~ 30-day suspension and $2,000 civil fine. c) The third incident during the license year - up to a 60- day suspension and $2,000 civil fine. d) The fourth or subsequent incident during the license year - revocation of the license. D. Far.ilita;-ing ramhlincf_ Licensees must not permit or allow any condition to occur on the licensed premises which would facilitate gambling activity. Licensees may not permit any device on the licensed premises which could be used for gambling. Such devices include blackjack tables, video games of chance, roulette wheels and any other amusement or gambling - device as defined in Minnesota Statutes, Chapters. 349 and 609, and Richfield City Code Subsections 1100.13 and 1100.01 For any incident of facilitation of gambling the on-sale intoxicating liquor may be suspended for up to a period of days equal in number to the period of days that such incident continued. E. EffPnt cif S~cnPnci nn car RPCrc~ Afi nn of Fcx~c3 Tic-PncP On- sale intoxicating liquor licenses which are issued to establishments because they qualify as restaurants shall cease to be valid for any period of time during which the establishment's food license is under suspension or revocation as the result of actions taken by the city manager, enforcement officer, or both pursuant to Subsection 615.05, subdivision 6 of the City Code. F-~~ The on-sale sale of intoxicating liquor during such period shall constitute an unlicensed sale. The City Council retains the right to modify the provisions of this resolution from time and to impose penalties in excess of those contained herein when, in the judgment of the council it is appropriate to do so. Passed by the City Council of the City of Richfield this 14th day of December 1987. ATTEST: ~~~ Thomas Ferber, City Clerk Jo N. amilton, May CITY OF RICHFIELD, MINNESOTA Council Letter No. 316 Agenda December 9,.1991 Issue Statement: Renewal of a 1992 pawnbroker and secondhand goods license for Firearm Systems and Design, d/b/a The Gun Shop and Pawnbroker, located at 7529 Lyndale Avenue. Background• On November 6, 1991, the City received the application and other required documents for the pawnbroker and secondhand goods dealer license for Firearm Systems and Design. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Mr. Patrick Teel is owner and manager of this establishment. He has no known criminal record. • Mr. Teel holds a Federal Firearms License - U. S. Treasury Bureau of Tobacco, Alcohol and Firearms and a City Firearms Dealer License. • A copy of the Articles of Incorporation and the By-Laws have been provided and are on file with the City. • The 51,500 bond has been submitted with. the application. From November 1990 through October 1991, there were 19 Public Safety contacts with Firearm Systems and Design. This compares with seven contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff have not received any complaints in 1991. The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. Recommended Motion: Approve the ,renewal of pawnbroker,-and secondhand goods dealer license for Firearm Systems and Design for 1992. Basis for Recommendation: 1. The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods dealer licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. `~-I Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1992, the Council should consider the granting of a temporary. license to allow the applicant to continue .his pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Firearm Systems and Design, d/b/a The 'Gun Shop and Pawnbroker's pawnbroker and secondhand goods dealer license has been scheduled for December 9, 1991. Their current license' will expire January 1, 1992. Therefore, if the Council decides to .continue the hearing beyond December 9, any subsequent hearing should be scheduled appropriately. Respect ly submitted, Jame Prosser City Manager JDP:ds ~~ PUBLIC SAFETY CONTACTS NOVEMBER 1990 - OCTOBER 1991 THE GUN SHOP AND PAWNBROKER Total Contacts lgg0 7 19 Criminal Contacts. Alarms Misc. Non-Criminal Assists Traffic/Parking Medical/Fire Inspections/Licensing 7 (1) 0 (0) (0) (0) (0) 17 (3) 2 (0) (0) (2) (0) The criminal contacts for 1991 were one found property, three suspicious persons, two theft, four stolen property offenses, two weapon offenses, one misc prop/person crimes, and one suspicious vehicle. CITY OF RICHFIELD, MINNESOTA Council Letter No. 315 Agenda December 9, 1991 Issue Statement• Renewal of a 1992 pawnbroker and secondhand goods license for Plaza Pawn, located at 6414 Nicollet Avenue. Background• On October•30, 1991, the City received the application and other required documents for the pawnbroker and secondhand goods dealer license for Plaza Pawn. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Ms. Dorothy Krieger is the owner of this establishment, and Mr. Hal Krieger is the manager. They have no known criminal records. • Ms. Krieger. holds a Federal Firearms License - U. S. Treasury Bureau of Tobacco, Alcohol and Firearms and has a City Firearm Dealer;'s License. • A copy of the Articles of Incorporation have been provided and are on file with the City.. • The $1,500 bond issued by Truck Insurance Exchange has been submitted. From November 1990 through October 1991, there. were 10 Public Safety contacts with Plaza Pawn. This compares with three contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff have not received any complaints in 1991. The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. Recommended Motion: Approve the renewal of pawnbroker and secondhand goods dealer license for Plaza Pawn for 1992. Basis for Recommendation: 1. The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods dealer licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. ~-1 Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1992, the Council should consider the granting of a temporary license to allow the applicant to continue his pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Plaza Pawn's pawnbroker and secondhand goods dealer license has been scheduled for December 9, 1991. Their current license will expire January 1, 1992. Therefore, if the Council decides to continue the hearing beyond December 9, any subsequent hearing should be held before the licenses expire. Respectfully submitted, Jam D. Prosser Cit Manager JDP:ds (p-p2 PUBLIC SAFETY CONTACTS NOVEMBER 1990 - OCTOBER. 1991 PLAZA PAWN ~4Q X91 Total Contacts 3 10 Criminal contacts 2 8 Alarms (2) (2) Misc. Non-Criminal 1 2 Assists (1) (1) Traffic/Parking (0) (0) Medical/Fire (0) (0) Inspections ~ (0) (1) The criminal contacts for 1991 were three found .properties, one stolen property offense, one theft and one recover other agency stolen. CITY OF RICHFIELD, MINNESOTA _ Council Letter No. 314 Agenda December 9, 1991 Issue Statement: Issuance of a 1992 pawnbroker license and renewal of a secondhand goods license for Guaranty Coin Exchange Inc., d/b/a Twin Cities Gold & Silver, located at 750 West 66th Street. Background On November 27, 1991, the City received the application and other required documents £or the pawnbroker and secondhand goods dealer license for Guaranty Coin Exchange Inc. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Mr. John Anderson is owner and manager of this establishment. He has no known criminal record. • A copy of the Articles of Incorporation and the By-Laws have been provided and are on file with the City. • The 51,500~bond issued by United Fire & Casualty Company has been submitted.. From November 1990 through October 1991, there were two .Public Safety contacts with Guaranty Coin Exchange Inc. This compares with three contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff have not received any complaints in 1991. Recommended Motion: Approve the renewal of secondhand goods dealer license and issuance of pawnbroker license for Guaranty Coin Exchange Inc. for 1992. Basis for Recommendation: 1. The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods dealer licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1992, the Council should consider the granting of a temporary license to allow the applicant to continue his pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. 5- I Discussion/Decision Mode: The public hearing to consider the request for the issuance of Guaranty Coin Exchange Inc., d/b/a Twin Cities Gold & Silver's pawnbroker and secondhand goods dealer license has been scheduled for December 9, 1991. There current license will expire January 1, 1992. Therefore, if the Council decides to continue the hearing beyond December 9, any subsequent hearing should be scheduled appropriately. Respect lly submitted, Jame Prosser City anager JDP:ds -~ PUBLIC SAFETY CONTACTS NOVEMBER 1990 - OCTOBER 1991 TWIN CITIES GOLD & SILVER 1491 Total Contacts 3 2 Criminal Contacts 2 2 Alarms (0) (2) Misc. Non-Criminal 1 0 Assists (0) (0) Traffic/Parking (0) (0) Medical/Fire (1) (0) Inspections/Licensing (0) (0) The criminal contacts for 1991 were two alarms. CITY OF RICHFIELD, MINNESOTA Council Letter No. 313 Agenda December 9, 1991 Issue Statement• Purchase of 100•trees for 1992 boulevard tree planting. Background• Each year the City of Richfield requests quotations for 2" diameter trees to be used as replacements for boulevard and park trees lost to dutch elm disease, storm damage, and other causes. After the nurseries return their quotes, our tree inspector inspects the stock and selects the lowest priced trees which meet our standards of size, form, and species. If there are limited numbers or quality, variety substitutions may be made as noted in the request for quotations. For the 1992 planting season, it is necessary to purchase from two vendors to get the number of quality trees needed. The City Council policy resolution on purchasing provides that when the purchase of .merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. After examining trees for.1992 spring planting, the number and variety of quality trees staff selected from one vendor put the purchase price in excess of $5,000 for that vendor. Staff is requesting approval of a purchase order to Bachman's Nursery Wholesale Center for 31 Linden, 24 Sugar Maple, 25 Red Maple, and 20 Schwedler Maple trees for a total of 59,240. The total number of replacement boulevard trees to be planted in the spring of 1992 is 145. In addition to the 100 trees from Bachman's which require Council authorization to purchase, the City will purchase 38 Norway Maples and 7 Hackberry trees from Wilson's North West Nursery, Inc. for a price of $3,665. Wilson's provided the lowest cost for this variety of trees. Recommended Motion: Approve a 1.992 purchase order to Bachman's Nursery Wholesale Center in the amount of $9,240 for the purchase of 100 trees. Basis for Recommendation: 1. Of the eleven nurseries who submitted quotations, these are the best trees for the price. 2. Both of these nurseries are reliable and have supplied us with quality stock in previous years. 3. The proposed 1992 budget includes 512,500 for the purchase of new boulevard trees. QCs-1 Alternative Recommendation: 1. Council could reject this purchase and direct staff to seek other sources for boulevard trees. However, it is unlikely that sufficient numbers of quality trees would .still be available. 2. Council could authorize purchase of fewer trees. This alternative, however, would not meet the needs of the boulevard tree replacement program. 3. Council could authorize purchase of poorer quality or smaller trees.. Trees selected through this option would be less likely to survive. Discussion/Decision Mode: This item is_scheduled for the December 9, 199.1 Council meeting. Staff is requesting approval at this time. Respectf lly submitted, r Jame Prosser _ City anager JDP:ds ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 312 Agenda December 9, 1991 Issue Statement: Resolution approving bylaws of Richfield Police Relief Association incorporating 1991 legislative changes and elimination of discontinuance provision for remarriage of surviving spouse. Background: The Richfield Police Relief Association consolidation has now been approved by all concerned parties. The actual consolidation will take place on December 31, 1991. Prior to the consolidation, it would be beneficial to reapprove the Relief Association Bylaws to include the following: 1) Changes to the benefit structure approved by the 1991 State Legislature and the City of Richfield: - reduced retirement at age 50; - inclusion of college incentive into base pay for pension computations; and - elimination of two week reduction for deferred pension. 2) .Changes in the Nonprofit Corporation Law. 3) Elimination of the discontinuation provision for remarriage of the surviving spouse (change in Minnesota Statute). The changes in the benefit structure approved by the legislature reflect the current benefit structure of relief association members. Changes in the Nonprofit Corporation Law and elimination of the discontinuance provision for remarriage of the surviving spouse are two changes which reflect changes made by the 1991 legislature. Neither of these changes would have a financial impact upon the Relief Association. The nonprofit corporation provisions are housekeeping issues dealing with items such as notices required, meetings, etc. None of these issues has a financial impact on the City. The surviving spouse change allows such individuals to remarry without losing benefits. The actuarial assumptions used to calculate pension liability are performed assuming that benefits would not be forfeited through remarriage, so there is no monetary change. State law now prohibits benefit elimination for the remarriage of a surviving spouse. Recommended Motion: Adopt the resolution approving bylaws of the Richfield Police Relief Association. , y F-. Basis of Recommendation: 1. A current, up-to-date set of bylaws should be approved for the Relief Association prior to final consolidation. 2. The bylaws will now reflect all changes in benefit structure passed by the 1991 legislature, the nonprofit corporation housekeeping changes and the elimination of the discontinuance provision for remarriage of a surviving spouse. Alternative Recommendation: 1. Approve only a part of the law changes. 2. Do not approve modified bylaws. Discussion/Decision Mode: This action should be taken at the December 9, 1991 City Council meeting as it may be the final opportunity to do so before the December 31, 1991 consolidation. Res~.ec~~ully submitted, Jam s D. Prosser Cit Manager JDP:ds 4Fa RESOLUTION N0. RESOLUTION APPROVING BYLAWS OF RICHFIELD POLICE RELIEF ASSOCIATION WHEREAS,- the 1991 State Legislature passed certain benefit enhancements applicable~to the Richfield Police Relief Association; and WHEREAS, the Nonprofit Corporation Law also has been amended; and WHEREAS, a State statute which discontinues the provision for elimination of pension benefits for the surviving spouse upon remarriage; and WHEREAS, the Richfield Police Relief Association will consolidate with the PERA Police and Fire Fund on December 31, 1991; and WHEREAS, it would be desirable to have a completely updated set of bylaws approved prior to consolidation.' NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Richfield that the bylaws of .the Richfield Police Relief Association are hereby amended tb included such amendments. Passed by the City Council of the City of Richfield this 9th day of December, 1991. ATTEST: Martin J. Kirsch Mayor Thomas P. Ferber City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 311 Agenda December 9, 1991 Issue Statement• Council authorization to approve transfer of funds from the General Fund fund balance for reimbursement to the Housing and Redevelopment Authority General Fund Airport Planning division. Backgrounds At the November 20, 1991 budget hearing, the City Council approved the 1991/1992 budget. As approved, the Airport division of the Executive Department will no longer be part of the General Fund. In the future, all expenses relating to airport issues will be included in the Housing and Redevelopment Authority (HRA) Airport Planning division. The purpose of this division is to study airport issues and to recommend policies and strategies which forward Richfield's policies to various commissions and boards. Attached to this letter is a resolution which transfers $50,000 from the General Fund fund balance to the HRA Airport Planning fund balance. This resolution has been prepared in accordance with the City Charter. Recommended Motion: Adopt the attached resolution transferring $50,000 from-General Fund fund balance to HRA General Fund fund balance. Basis of Recommendation: 1. Sufficient funds are available in the. General Fund for this appropriation. 2. Section 7.10 of the City Charter provides for a transfer of funds from one appropriation to any other appropriation upon recommendation of .the City Manager or a member of the City Council. The funds thus appropriated must be used only for the purposes designated by the Council. Alternative Recommendation: 1. Do not approve the resolution. Discussion/Decision Mode: Action on this matter is necessary on December 9, 1991 so funds are available for the current year. Respectfully submitted, Jame D. Prosser City Manager JDP:cak RESOLUTION N0. `t ~` I RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM GENERAL FUND FUND BALANCE TO THE HOUSING AND REDEVELOPMENT AUTHORITY GENERAL FUND WHEREAS, the City Charter provides for a transfer of funds from one appropriation to any .other appropriation upon recommen- dation of the City Council; and WHEREAS, the charter .states that the funds appropriated must be used only for the purposes designated by the City Council; and WHEREAS, it appears desirable to transfer funds to the Housing and Redevelopment Authority to be used to study airport issues and to recommend policies and strategies which forward Richfield's policies to various commissions; and WHEREAS, the General Fund has sufficient fund balance to transfer $50,000 necessary funds. NOW, THEREFORE, BE IT RESOLVED by resolution of the City Council to transfer 550,000 from the General Fund fund balance to the Richfield Housing and Development Authority General Fund Airport Planning Division. Passed by the City Council of the City of Richfield, Minnesota, this 9th day of December, 1991. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk yD City of Richfield, Minnesota Council Letter No. 310 Agenda December 9, 199 1 Issue Statement• City Council confirmation of City Manager's appointment of a Hearing Examiner. Background• The hearing officer procedure was established by the City Council in 1985 to hear and decide requests for variances from the literal provisions of the Zoning Ordinance where unique circumstances would cause undue hardship. The Ordinance provides for the appointment of hearing examiners by the City Manager subject to confirmation by the City Council. The term of appointment of an existing hearing examiner, Vern Luettinger, expires this month and he has indicated a willingness to continue. Recommended Action: Confirm the City Manager's reappointment of Vern Luettinger to a two year term as a Hearing Examiner. Basis of Recommendation: 1. Mr. Luettinger's current term expires on December 31, 1991. 2. Mr. Luettinger has experience, training and knowledge as a Hearing Examiner and warrants reappointment. Alternative Recommendation: 1. Defer confirmation to a later Council meeting. 2. Deny confirmation of the appointment. Discussion/Decision Mode: This item has been placed on the consent-"calendar for December 9, 1991. Respec ally submitted, James Prosser City nager JDP:ds ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 309 Agenda December 9, 1991 Issue Statement: Approval of a continuing agreement with Hennepin County Community Health Department to receive state subsidy funding for 1992-1993. Background• Richfield receives state subsidy funding which, in part, supports our Community Health Service Programs. These health programs are provided to Richfield residents by the City of Bloomington through an agreement with the City of Richfield. Such state subsidy funding is provided to Richfield through the Hennepin County Community Health Department. We have now received a commitment from the state to provide basic subsidy funding in an amount not to exceed $97,650 for 1992 and $97,650 for 19.93. This is a decrease from the $100,002 we received in 1990 and the $101,994 we received in 1991. The decrease is a direct result of cuts in funding being made at the State level. It is not expected to have an impact on the City's general fund. To continue this program in 1992-1993, it is necessary for the City Council to authorize execution of an agreement between the City of Richfield and the Hennepin County Community Health Department to provide for conveyance of the subsidy monies to the City from the County. Recommended Motion: It is recommended that .the Richfield City Council authorize execution of the agreement between the City of Richfield and the Hennepin County Community Health Department to receive subsidy funding for 1992-1993. Basis for Recommendation: 1. By approving the execution of the agreement, the City will continue to receive subsidy funding from the State through the Hennepin County Community Health Department. Alternative Recommendation: 1. The Council could decide not to .approve the execution of the agreement with Hennepin County. This would mean that the City of Richfield would be unable to receive the State subsidy funding for 1992-1993. Discussion/Decision Mode: The 1992-1993 agreement between the City of Richfield and the Hennepin County. Community Health Department to receive subsidy funding is being presented for City Council approval at this time. JDP:ds Respectfully submitted, Ja D. Prosser Ci Manager ~~-i AGREEMENT NO. A02422 THIS AGREEMENT, Made between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as County through the Community- Health Department, hereinafter referred to as Department, and the CITY OF RICHFIELD, a municipality organized and existing under the laws of the State of Minnesota, and having its principal place of business at 6700 Portland Avenue South, Richfield, MN 55423, hereinafter referred to as Municipality. WITNESSETH: WHEREAS, the Municipality wishes to provide Community Health Services; and WHEREAS, Community Health Services subsidy funds are available to Hennepin County from the Minnesota Department of Health; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereafter set forth, the County through the Department and the Municipality agree as follows: PURCHASED SERVICES The County, through the Department, agrees to make payments to the Municipality in reimbursement for the provision of Community Health Services in the following areas: Disease Prevention and Control, Emergency Medical Services, Environmental Health, Family Health, Health Promotion, Home Health and Community Health Services Costs Not Allocated to Specific Programs, as fully described in the 1992-1995 Community Health Services Subsidy Plan, hereinafter referred to as the Plan, written pursuant to Minnesota Statutes 145A.01 to 145A.14, a copy of which is on file in the Hennepin County Community Health Department, 3rd Level Health Services Building, 525 Portland Avenue South, Minneapolis, MN. This Plan is incorporated into and made a .part of this Agreement as is fully set forth herein. 2 . PAYMENT FOR PURCHASED SERVICES A .The total 1992 cash payment to the Municipality for Community Health Services shall not exceed $97,650 and total 1993 cash payment shall not exceed $97,650. B. Payments to the Municipality will be made in eight (8) installments to be paid on or about March 31, 1992; June 30, 1992; September 30, 1992; December 31, 1992; March 31, .1993; June 30, 1993; September 30, .1993; and December 31, 1993. Payments shall be made in the manner provided by law for payment of claims against the County: C. It is understood and agreed that if during the -term of this Agreement, reimbursement to the County through the Department from State and/or Federal sources is not obtained and continued at an aggregate level sufficient to allow for the purchase of indicated quantity of purchased services, then the County through the Department may cancel or amend this agreement, provided that any ~` -~~~o~. cancellation of this Agreement shall be without prejudice to any obligations or liabilities of the parties already accrued prior to such cancellation. 3 . jFRM OF AGREEM~ A. The term of this Agreement shall be .from January 1, 1992, through December 31, 1.993, subject to the cancellation provisions herein. B. This Agreement shall include the period ces Act1 sgcont Hued, fDully funded by .1993, only if the Community .Health Serv the State of Minnesota for the 1992-93 biennium and the County receives the full amount of subsidy funds requested in the approved 1992-1995 Hennepin County.. Community Health Services Subsidy Plan. If such funds are -not available to allow for. funding during the period July 1, 1993, through December 31, 1993, this Agreement shall be cancelled upon written notice from the County through the Department; such cancellation to be effective as of July 1, 1993, or this Agreement shall be renegotiated to reflect reduced funding. 4 . CONDITIONS OF THE PARTIES' OBLIGATIONS A. The Municipality agrees to make expenditures of Community Health Services funds provided through the County through the. Department within Minnesota Department. of Health rules and policies relating to Community Health Services, including Minnesota Department of Health Rules 451 to 460, Policies Relating to Community Health Services, Assurances and Agreements .contained in the Plan and policies contained in the Minnesota nAnartmPnt of Health F~~~al Manaaement R ort for Comm nits Health Services Boards, June, 1978. B. Both parties to this Agreement shall make a good faith effort to determine if payments to subcontractors anticipated in the budget contained in the Plan duplicate payments by the County directly to those subcontractors pursuant to any other agreements between the County and such subcontractors, and shall endeavor to use all information available to prevent any such duplicate payment to a subcontractor. C. In the event of any policy changes which result in a reduction of services or major inconsistencies with the 1992-1995 Hennepin County Community Health Services Subsidy Plan written pursuant to Minnesota Statutes 1986, Section 145A.01 through 145A.14, the Municipality will notify and consult with the County through the Department before implementing the new policy. D. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. E This Agreement or any part thereof may be cancelled by either party upon thirty (30} days written notice delivered by mail or in person, for reasons including, but not limited to the following; if by State law, regulation or policy, the relationship between the County and the Municipality as it concerns the expenditure of State funds for the purpose of providing the services as described in the Plan are modified as to render the obligations under this. contract ~ e 3 materially changed. F. Upon cancellation or termination of this Agreement, the Municipality will reimburse to the County through the Department any and all unobligated funds as required by the Minnesota Department of Health. This reimbursement shall be made within ninety (90) days of the effective date of such termination. 5 . INDEMNITY AND INSURANCE The Municipality agrees to defend, indemnify and hold. the County, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission of the Municipality, its agents, employees, or contractors in the performance of the services provided by this contract and against all loss by reason of the failure of said Municipality fully to perform, in any respect, all obligations under this contract. The Municipality warrants that it has sufficient insurance coverage to meet the Municipality liability requirements of Minnesota Statutes 466.02. and 466.04 and to comply with the foregoing indemnity provisions.. 6 . °CSIGNMENT AND SUBCONTRACTING The Municipality shall not assign, sublet, transfer or pledge this contract and/or the services to be performed hereunder, whether in whole or in part, unless, previously approved by the County. 7 . INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Municipality as the agent, representative or employee of the County for any purpose or in any manner whatsoever. The Municipality is to be and shall remain an independent contractor with .respect to all services performed under this contract. The Municipality represents that it has, or will secure at its own expense, all personnel required in performing services under this contract. Any and all personnel of the Municipality or other persons, while engaged in the performance of any work or services required by Municipality under this contract, shall have no contractual relationship with the County and shall not be considered employees of the County, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment inciuding, without limitation, claims of discrimination against the Municipality its officers, agents contracts or employees shall in no way be the responsibility of the County; and the Municipality shall defend, indemnify and hold the County, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, sick ., f ~f ~~' and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. 8 . AUDITS. REPORTS. MONITORING PROCEDURES. AND RECORDS A The Municipality will: (1) Maintain a bookkeeping system which meets standards contained in the Minnesota Department of Health Fiscal Management Re ort for Community Health Services, June, 1978. (2) Provide an estimated quarterly budget/expenditure report to the County through the Department on Exhibit A attached hereto, such Exhibit being incorporated into and made a part of this Agreement, within forty (40) days of the end of the quarter; provided, however, that the last quarterly report shall include actual expenditures for the year. (3) Provide an evaluation report meeting the requirements of the Minnesota Department of Health Rules 455.6.2 to the County through the Department within eighty-five (85) days of the expiration of this Agreement as described in the Plan. (4) Provide other reports as required by the Minnesota Department of Health. (5) Comply with all the provisions of the Maltreatment of Minors Reporting Act, Minnesota Statutes, Section 626.556, as amended by the Laws of Minnesota 1990, Chapter 542 and Minnesota Rules, Chapter 9560, Parts 0250-0300, as promulgated by the Minnesota Department of Human Services implementing such Act now in force or hereafter adopted. (6) Comply with all the provisions of the Vulnerable Adults Reporting Act, Minnesota Statutes 1990, Section 626.557, and all rules promulgated by the Minnesota Department of Human Services implementing such Act now in force or hereafter adopted. B. Municipality agrees that the County, the State Auditor or any of their duly-authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent and involve transactions relating to this Agreement. Such material must be retained for five (5) years by the Municipality. Municipality's accounting practices and procedures relevant to this contract shall also be subject to examination by any or all of the aforesaid persons as often as and during such times as aforesaid. 9 . DATA PRIVACY All data collected, created, received, maintained, or disseminated for any purposes by the activities of the Municipality in the performance of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and all other statutory provisions governing data privacy, Minnesota Rules implementing y~-~ such Act now in force or hereafter adopted, as well as Federal regulations on data privacy. Municipality, having signed this contract, and the Hennepin County Board of Commissioners. having duly approved this contract on 19 _, and pursuant to such approval and the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form and legality COUNTY OF HENNEPIN, STATE OF MINNESOTA Approved as to execution Assistant County Attorney Date: And Associate/Deputy County Administrator ATTEST: Clerk of the County Board CITY OF RICHFIELD By Mayor And City Clerk City organized under: Plan A _ Plan B _ Charter r,~~~~ta~~t vvu~Ry /'~UVI11 y trfldlTf 11"dfl OT ITS liOUnTy rsoar0 Date: '` ~~~ <~ c C :.i ~. U CL 7 C f .~ 4~_-~ v EXHIBIT A c '~ v; c~^ e ~~ •- ~ c u ~^ ~e1°~v ~v = f ~1°c '~ -~ e _~ ~~ ~~~ ~v c c ~~ ~a r~, .-. ~ '~ ~ OG N ~. ~ j. ./~ C ..~:. .N = ~ ~ ~ ~ V; is a, - ^ . c •m ~ •~„ C e ~ `. ~ ~ ~% Z v r c C Q s `° ~ -- c _'' ti = ~ ~ ~~ LLB v - u _ .= ~ ~; U 5 = V U Cp ~ c I~ ~ .. iI < I I i r V u `e 5 ~ = v ~ V OD j0 V '~ u ~' ~~ H a is b ~ m N .; a v; • :; ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 308 Agenda December 9, 1991 Issue Statement• Layout approval•for construction of a bridge at the Trunk Highway (T.H.) 121 and Trunk Highway (T.H.) 62 interchange. Background• The Minnesota Department of Transportation (MnDOT) is requesting approval of the layout to build a new bridge on 62 Crosstown (T.H. 62) to replace the ramp connecting northbound I35W to westbound 62 Crosstown. The current configuration is the cause of serious accidents and traffic congestions because traffic entering onto the Crosstown does not have a merge lane to safely enter mainline traffic. The proposed bridge will extend the merge point to the west of T.H. 121 and provide an adequate length for a safe merge lane.. MnDOT has assured the City that the new bridge is consistent with the proposed reconstruction of I35W and will be incorporated into whatever alternative is selected to improve I35W. The new .design will include ramp meters at the interchange entrance ramps and the northbound and southbound traffic from T.H. 121 heading westbound on 62 Crosstown will merge before this traffic enters T.H. 62 mainline traffic.- These improvements will reduce traffic congestion on 62 Crosstown at this interchange. Recommended Motion: Approve the proposed layout as described in the attached resolution. Basis of Recommendation: 1. The proposed layout will greatly improve the safety for motorists entering 62 Crosstown westbound from northbound 135w. 2. Traffic congestion at this interchange will be reduced. 3. Additional right-of-way acquisition-will not be required. .Alternative Recommendation: There is no other alternative recommendation. 't U` Discussion/Decision Mode: The City Council should act on the attached resolution approving the proposed layout at its December 9, 1991 meeting. Prompt approval of the layout is needed for MnDOT to advance this project to construction. Respectf ly submitted, James Prosser City Ma ger JDP:ds Attachment y 8- a RESOLUTION N0. RESOLUTION APPROVING PRELIMINARY LAYOUT FOR IMPROVEMENT OF TRUNK HIGHWAY 62 (CROSSTOWN ) AT TRUNK HIGHWAY 121 (LYNDALE AVENUE) WHEREAS, the Commissioner of the Department of. Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 384 renumbered as Trunk Highway Number 62 within the corporate limits of the City of Richfield, at the north corporate limits, and seeks the approval thereof; and WHEREAS, said preliminary layout is on file in the Office of the Department of Transportation, St. Paul, Minnesota, being marked, labeled and identified as Layout No. 3A S.P. 2774-02 (62=384) located at Trunk Highway Number 121. NOW, THEREFORE, BE IT RESOLVED that said preliminary layout for the improvement of said Trunk Highway within the corporate limits of the City of Richfield are hereby approved. Passed by the City Council of the City of Richfield, Minnesota, this 9th day of December, 1991. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk ~tyl ~ - i _ _ - - V;i // c _ i ~ u cl _ _, _ /// ~~-3^ 0 0° a ~ o 0 ZONE A o 0 0 000 ° o ~ c ~^ ,~ o o o o °o J ~``~ J ^ ^ ^ ~,~ uW~ Jew nw ~ ° ^ O ~ c ^ ~ ~ ,Grass Lake . ° o° o I e o^ ~_ o o° 000000 000000^000^O I O o S ~ ~ Lr{ .. 00 00° NEW $R =coccco o IDGE AND o c c #i~EflGE LANE ~^^cc`c^cp ° ~ ~ - °° C C U U v ° ~ ~ oo^c^occ^cc^ ~ O o 00 °o o (~ M ~ .' ° ^ ^ ^ ^ Z O ^ O O ^ ^ O O ^ ^ O O O ° O O L. O D O O O ° O O ~G O ^ O ^ p °° ~ q ^ O D O ^ ^ O O O O O ^ ^ ^ -: ~ p ° ^ ^ ^ ^ ^ C ° ^ ° O ~ a^ o 0 0 o g 8 ^. ^ o ~ o ~] ° o 0 o. ^ a o o ^ o u ° o o ~' ^ o ° ° o° o o° ~ ^° ~ ~ 9~ ° C o° ^ ^^ O o 0 0 A O o S B o o g~o ° o^ ° ° ° ^ ° ° ° ^ ° ° S ;Richfield La'k O ^ O O ° O O ^ n O O ,~, , 400 0 400 800 O O ` O scale feet O ~ O O ° ^ _ ^ O O ° ~ 0 O O p °p u ^ ^ U p O ^^^ °^ oo C ° ^ o ^ ^ o Oo ° ° ° ^ ° p ° O O ° O O O ° ° O 00 O O ° O C O~ ^ a °O _ oo OQ ~ °~~ °~~~ ion n~ ~~ .~-- 1-35W Preliminar Desi n Studies Phase 2: EIS Figure S~ .. GRASS LAKE A RICHFIELD LAKE FLOODPLAIN 7-3 Minnesota Deperiment of Transportation -Metropolitan Council • Federal Highwoy Administrotion ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 307 Agenda December 9, 1991 Issue Statement• Approval of the•continuation of the agreement with the City of Bloomington for the provision of public health .services for the City of Richfield for the year 1992. Background• In 1977, the State of Minnesota enacted the Community Health Services Act, which transferred the responsibility for the administration of public health programs to local jurisdictions. The state also provided funds for the programs, and encouraged local jurisdictions to increase the efficiency of the programs by grouping together. Richfield. and Edina entered into a joint. powers agreement with Bloomington, and the program has been administered under that agreement since that time. The contract amount for 1992 reflects a slight decrease from the 1991 contract amount. This is primarily as a result of Bloomington converting two full-time positions to part-time and revenues from increased fees for some of the services they provide. The 1992 contract amount will be 5148,165 while the 1991 contract amounted to 5149,.540. This will not result in any changes in the level of services being provided to residents. Recommended Motion: It is recommended that the City Council renew the joint powers agreement for 1992. Basis for Recommendation: 1. The City of Bloomington has sufficient resources to provide a professional level of public health services to Richfield residents. Annual .evaluations of their services have shown that they are providing effective services in a very cost- efficient manner. Alternative Recommendation: 1. The Council could decide to have Richfield provide its own public health services. The cost of hiring the nursing staff necessary to provide the same level of services and administrative support would be more than our current expenditures, and would require a budget increase. 2. The Council could decide to compensate the City of Bloomington at a lower rate which would require designated reduction in services or programs. ~A- I Discussion/Decision Mode: The renewal of the joint powers agreement between the City of Richfield and the City of Bloomington for 1992 for the provision of public health services is being presented for Council approval. Respectf submitted, James D Prosser City nager JDP:ds U~~~.. AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD TO PROVIDE COMMUNITY HEALTH SERVICES THIS AGREEMENT, made and entered into this day of by and between the City of Bloomington, a Minnesota municipal corporation, in the County of. Hennepin, State of .Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield"). . WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides community health services, including, but not limited to home health services, well adult clinics, well child clinics, health education, school health services, health promotion services, prevention and control, and program administration; and yR-3 WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing community health. services such as health education, communicable disease programs., nursing services, health assessment, counseling, teaching, and evaluation in the community, home and clinic setting at a nominal fee to those making use. of such services, and to contract with Bloomington for Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; and WHEREAS, the governing bodies of Bloomington and Richfield are authorized by Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes, Section 471.59, Subdivision 10, to provide community health services and to enter into agreements with each other for the providing by Bloomington of community health services. to residents of Richfield. NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield-with those community health services (hereinafter called "Health Services"), that Richfield has outlined in its 1992-1993 Community Health Services Plan, which includes home health, family health, disease prevention and control, and health promotion. Richfield agrees not to amend said Plan in any manner that. would impact the service Bloomington provides without .first contacting Bloomington. 2. Bloomington agrees to provide to the residents of Richfield health services in the same manner and the same extent `~t ~- including the same quality and kind of personnel, equipment and facilities as health services are provided and rendered to residents of Bloomington, it being the intent and purpose of this agreement to provide and render the Health Services equally to residents of Bloomington and Richfield, without discrimination in any way. 3. Bloomington shall provide the health services. pursuant hereto on a confidential basis, using .capable, trained professionals. 4. All Health Services to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public. health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in - full compliance with all applicable state and federal laws, provided, however, that (i) no policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity of Health Services to be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving Health Services from Bloomington, whether residents of Richfield, Bloomington, or any other municipality. Richfield agrees to adopt the same policies, rules and .procedures as are from time to time adopted by Bloomington, if determined by Richfield to be necessary or desirable to facilitate or regulate 4 ~~- 5' the provision of Health Services by Bloomington to residents of Richfield pursuant hereto. 5. Richfield agrees to pay Bloomington, for the provision of Health Services pursuant hereto, amounts and on terms as follows: A. The annual sum of 5148,165 shall be paid in quarterly payments of 537,041.25 to Bloomington within fifteen (15) days of the receipt by Richfield of each of the reports to be given pursuant to Paragraph 5.B hereof, subject, however to the provisions of Paragraph 5.C hereof. B. On April 15, July 15, and October 15, 1992 and on January 15, 1993, Bloomington shall send Richfield a statement, certified by the person in charge of Bloomington's Division of Public Health as being true and correct, and covering the period of three (3) calendar months preceding the month in which the report is given, and setting forth, in such detail as Richfield shall reasonably require, the numbers of persons served, the kinds of Health Services delivered, the locations where such services were delivered, and such other information as Richfield shall reasonably request. C. No payment or payments need be made by Richfield under this Agreement while Bloomington is in default under any of the terms and conditions hereof. 6. In the event Richfield desires to inspect the financial books and records of Bloomington related to the providing of Health Services hereunder by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City `-i ~' ~ Hall for inspection and copying by Richfield, or any agent, employee, or representative of Richfield, at reasonable business hours. 7. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render Health Services under this Agreement; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. 8. .Bloomington's Division of Public Health will communicate with Richfield relative to Health Services, to be performed hereunder by Bloomington, such communication to be in the form of reports, conferences, or consultations, as the respective Richfield departments shall request. All reports relating to the providing of Health Services that are given by Bloomington's Division of Public Health to the Bloomington .City Council or to the City manager during the term of this Agreement shall also, and at the same time, be given to Richfield. 9. Bloomington also agrees to send to Richfield an annual report describing the activities performed and Health Services rendered pursuant to this Agreement. Such report shall be in such detail and form as Richfield may reasonably request. The annual report shall be sent with and in addition to the last quarterly report acquired by Paragraph 5.B hereof. Also, at Richfield's request, made not more 'than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall. attend meetings of ~~-~ the Richfield City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and Health Services rendered under this Agreement. 10. Bloomington hereby agrees to maintain in force its. present policy of comprehensive liability insurance and professional liability coverage, each in the minimum amount of five hundred thousand dollars ($500,000), for the term of this contract. A copy of the policy or policies shall be furnished to Richfield. Said policy shall be with an insurance company authorized to do business in Minnesota. 11. Bloomington shall further require personal medical malpractice insurance coverage by its physicians and other health professionals with whom Bloomington has a contract for professional services. 12. This Agreement shall be for a period of from January 1, 1992, to December 31, 1992, provided that either party may terminate the same by one hundred twenty (120) days' written notice to the other. Upon such termination, all obligations and liabilities of the parties hereunder shall cease and terminate, except the provisions of Paragraph 12 hereof shall continue and survive such termination. Also, in the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Bloomington shall send to Richfield, within thirty (30) days after such termination, a report in the. form of, and in lieu of, the annual report required by Paragraph 9 hereto, and Richfield . 4 A~ 8 shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of both of such reports. 13. Bloomington and Richfield understand ,and agree that each of them shall apply and qualify, independently and separately, for any and all grants., matching funds, and payment of all kinds from state, federal, and other governmental bodies relating to, or for the provision of, any or all of the Health Services, and any and all such grants, matching funds, and payments shall belong to the recipient and be used .and applied as the recipient thereof shall determine, without, regard to this Agreement. 14. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing .and shall be - deemed to be given when delivered personally to an officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: To Bloomington: 2215 West Old Shakopee Road Bloomington, Minnesota 55431 Attention: City Manager To Richfield: 6700 Portland Avenue South Richfield, Minnesota 55423 Attention: City Manager `~~~~. Such addresses may be changed by either party upon notice to the other party given as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their corporate seal to be. affixed hereto the day and year first above written. CITY OF BLOOMINGTON By: Its Mayor By: Its Manager CITY OF RICHFIELD By: Its Mayor By: Its Manager Approved: City Attorney CITY OF RICHFIELD, MINNESOTA Council Letter No. 306 Agenda December 9, 1991 Issue Statement: Presentation of Government Finance Officers Association Award for Distinguished Budget. Background The Government Finance Officers Association of the United States and Canada (GFOA) has recently announced that the City of Richfield, Minnesota has received GFOA's Award for Distinguished Budget Presentation for its 1991 budget. This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant accomplishment to the Management and elected officials of the City of Richfield, Minnesota. The award process is initiated when a government. submits their budget document for review by a panel of independent budget experts. Using extensive criteria, the reviewers evaluate the effectiveness of the budget as: 1. A Policy Document 2. An Operations Guide _ 3. A Financial Plan 4. A Communications Device To receive the Award, the Budget Document must be rated as proficient in all four categories. Since 1984, the first year it was issued, only 500 governmental entities have received the Award for Distinguished Budget Presentation nationwide. Winning budgets represent truly pioneering efforts to improve the quality of budgeting and provide excellent examples for other governments throughout North America. Since 1984, this year represents the seventh time the City of Richfield has received this Award. The City of Richfield was the first city in Minnesota to ever receive the Award for Distinguished Budget Presentation and has received this Award each year thereafter. Recommended Motion: It is recommended that the City Council present the Budget Award plaque to the Administrative Services Director on behalf of the City of Richfield, and commend the Department Directors and Finance Manager-Jean Mitchell for the 1991 Budget Document. Basis for Recommendation: 1. The seventh consecutive Award for Distinguished Budget is a very significant achievement, in local government. 2. The City Council has previously tried to make a practice of publicly recognizing employees for awards and special achievements. 3. The December 9 City Council meeting provides an appropriate forum for such recognition. Alternative Recommendation: 1. Review the award and make no mention of it at a City Council meeting. 2. Acknowledge the award at a future City Council meeting or some other public forum. However, Jean Mitchell will be retiring on December 13 and may not be available for presentation at a future date. Discussion/Decision Mode: Presentation of the Budget Award should be made. at the December 9, 1991 City Council Meeting. Respec~f~lly submitted, Jam s' Prosser Cit anaaer JDP:ds