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
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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
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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