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12-12-2017 Complete AgendaS P E C IAL C IT Y C O U N C IL W O R K SESSIO N R IC H F IE L D MU N IC IPAL C EN TER, B AR T H O L O ME W R O O M D E C E MB E R 12, 2017 5:45 P M C all to order 1.D iscussion of projects submittal for C orridors of C ommerce solicitati on 2.D iscussion of Richfield P olice D epartment’s digital body recorders poli cy A djournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager December 7, 2017 Council Memorandum No. 113 The Honorable Mayor and Members of the City Council Subject: Corridors of Commerce (December 12, 2017, Work Session Item #1) Council Members: At the upcoming City Council Work Session, staff will be looking for direction on which projects to submit for consideration in the upcoming Corridors of Commerce solicitation. The Corridors of Commerce program is administered by the Minnesota Department of Transportation and authorizes the sale of up to $300 million in new bonds for the construction, reconstruction, and improvement of trunk highways. Further history of the regional system and how it impacts Richfield will be presented along with a brief description of the criteria to be considered. The majority of time will be spent on the specific projects within the criteria and the benefits they present. Below are the projects that will be discussed: 1. 77th Street Underpass at TH 77 2. I-494 a. I-35W/I-494 Interchange (Phase 1) b. I-494 Bridges and Auxiliary Lanes from I-35W to TH 77 i. Close ramps at Nicollet Ave. ii. Close ramps at 12th and add full access at Portland Ave. c. I-494 Bridges and Auxiliary Lanes from I-35W to TH 100 3. Crosstown (Highway 62) a. Auxiliary Lanes in each direction from TH 77 to Portland Ave. b. Auxiliary Lanes in each direction from Penn Ave to Highway 169 c. Ramp Modifications at Crosstown/TH 77 Interchange to improve the northbound to westbound traffic movement. Please contact Kristin Asher, Public Works Director, at 612-861-9795 with questions. Respectfully submitted, Steven L. Devich City Manager SLD:tab Email: Assistant City Manager Department Directors CITY OF RICHFIELD, MINNESOTA Office of City Manager December 7, 2017 Council Memorandum No. 114 The Honorable Mayor and Members of the City Council Subject: Body Worn Cameras (December 12, 2017, Work Session Item #2) Council Members: On December 12, 2017, Chief Henthorne will discuss the Richfield Police Department Policy #143 Digital Body Recorders. This policy follows State Legislative guidelines that were passed by the Legislature. The policy is attached for your review prior to the meeting. Please contact Chief Jay Henthorne, at 612-861-9810 for further discussion. Respectfully submitted, Steven L. Devich City Manager SLD:jm Email: Assistant City Manager Department Directors Attachment 143. DIGITAL BODY RECORDERS R I C H F I E L D P O L I C E D E P A R T M E N T P O L I C Y NOTE: This policy is for internal use only and does not enlarge an employee's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this policy, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. I. PURPOSE The primary purpose of using body-worn-cameras (BWCs) is to capture evidence arising from police- citizen encounters. This policy sets forth guidelines governing the use of BWCs and administrating the data that results. Compliance with these guidelines is mandatory, but it is recognized that officers must also attend to other primary duties and the safety of all concerned, sometimes in circumstances that are tense, uncertain, and rapidly evolving. II. POLICY It is the policy of this department to authorize and require the use of department-issued BWCs as set forth below, and to administer BWC data as provided by law. III. SCOPE This policy governs the use of BWCs in the course of official duties. It does not apply to the use of squad-based recording systems. The chief or chief’s designee may supersede this policy by providing specific instructions for BWC use to individual officers, or providing specific instructions pertaining to particular events or classes of events, including but not limited to political rallies and demonstrations. The chief or designee may also provide specific instructions or standard operating procedurals for BWC use to officers assigned to specialized details, such as carrying out duties in courts or guarding prisoners or patients in hospitals and mental health facilities, or to officers deemed to be Brady Giglio-impaired. IV. DEFINITIONS The following phrases have special meanings as used in this policy: A. MGDPA or Data Practices Act refers to the Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et.seq. B. Records Retention Schedule refers to the General Records Retention Schedule for Minnesota Cities. C. Law Enforcement-Related Information means information captured or available for capture by use of a BWC that has evidentiary value because it documents events with respect to a stop, arrest, search, citation, or charging decision. D. Evidentiary Value means that the information may be useful as proof in a crim inal prosecution, related civil or administrative proceeding, further investigation of an actual or suspected criminal act, or in considering an allegation against a law enforcement agency or officer. E. General Citizen Contact means an informal encounter with a citizen that is not and does not become law enforcement-related or adversarial, and a recording of the event would not yield information relevant to an ongoing investigation. Effective Date: 05/21/14 No. of Pages: 9 Serial Number: 10-043 Authority: Chief Jay Henthorne F. Adversarial means a law enforcement encounter with a person that becomes confrontational, during which at least one person expresses anger, resentment, or hostility toward the other, or at least one person directs toward the other verbal conduct cons isting of arguing, threatening, challenging, swearing, yelling, or shouting. Encounters in which a citizen demands to be recorded or initiates recording on his or her own are deemed adversarial. G. Unintentionally Recorded Footage is a video recording that results from an officer’s inadvertence or neglect in operating the officer’s BWC, provided that no portion of the resulting recording has evidentiary value. Examples of unintentionally recorded footage include, but are not limited to, recordings made in station house locker rooms, restrooms, and recordings made while officers were engaged in conversations of a non-business, personal nature with the expectation that the conversation was not being recorded. H. Official Duties, for purposes of this policy, means that the officer is on duty and performing authorized law enforcement services on behalf of this agency. V. USE AND DOCUMENTATION A. BWC recordings generated are the exclusive property of the Richfield Police Department and shall be governed by the policy and law regarding government data and its collection and retention. B. Officers may use only department issued BWCs in the performance of official duties for this agency or when otherwise performing authorized law enforcement services as an employee of this department. C. Officers who have been issued BWCs shall operate and use them consistent with this polic y. Officers shall conduct a function test of their issued BWCs at the beginning of each shift to make sure the devices are operating properly. Officers noting a malfunction during testing or at any other time shall promptly report the malfunction to the officer’s supervisor and shall document the report in writing. Supervisors shall take prompt action to address malfunctions and document the steps taken in writing. D. Officers should wear their issued BWCs at the location on their body and in the manner spec ified in training. E. Officers must document BWC use and non-use as follows: 1. Whenever an officer makes a recording, the existence of the recording shall be documented in an incident report, citation, computer aided dispatch (CAD) records or other documented record of the event. 2. Whenever an officer fails to record an activity that is required to be recorded under this policy or captures only a part of the activity, the officer must document the circumstances and reasons for not recording in an incident report, CAD record, or other documented record of the event. Supervisors shall review these reports and initiate any corrective action deemed necessary. F. The department will maintain the following records and documents relating to BWC use, which are classified as public data: a. The total number of BWCs owned or maintained by the agency; b. A daily record of the total number of BWCs actually deployed and used by off icers; c. The total amount of recorded BWC data collected and maintained; d. This policy, together with the Records Retention Schedule. General Guidelines for Recording A. Mandatory Recording - Understanding that officers encounter tense, uncertain, and rapidly evolving situations, officers must activate their BWC at their earliest opportunity and before arriving on scene when recording is required by this policy. Activating a BWC early, before an officer arrives on scene, allows an officer to safely turn on the BWC before reacting to or dealing with the circumstances of a particular call, incident, investigation or event. This also helps document important information from a view closer to that of the officer’s perspective. Therefore, officers must activate their BWCs when preparing for or initiating any law enforcement action, when responding to any call or incident, and before arriving on scene in the following circumstances and conditions:  When an officer is dispatched to or investigating any call or incident.  When an officer is assisting another officer at a call or incident.  When an officer is participating in any of the following police actions:  Any vehicle stop, including traffic and investigative stops.  Vehicle pursuits.  Investigative stops of individuals.  Initiating any arrest.  All frisks and searches (e.g., suspect, vehicle, structure, physical area).  All strip searches must be conducted in accordance with Prisoner Transport Policy #243 and will only be audio recorded with the BWC.  When encountering or responding to resistance or aggression. See Use of Force Policy #201.  When any situation becomes adversarial, including situations which are either verbally or physically adversarial  In-custody transports.  Suspect interviews in the field, including in-custody interviews occurring in the field when the Miranda warning is required.  When directed by a supervisor.  While operating a vehicle under Vehicle Operation General and Emergency Policy #208. If an officer is at a location or in any situation where an event occurs or develops where this policy mandates recording and their BWC is not alre ady activated, the officer must activate the BWC as soon as activation is possible and safe. B. Discretionary Recording This policy does not describe every possible situation where the BWC may be activated. Beyond the mandated scenarios described above, an officer may activate the BWC when they believe it should be activated based on their training, experience, and judgement, except when recording is prohibited under this policy. If an officer is involved in a situation and they are unsure if the activation is mandatory, discretionary or prohibited, they should activate the BWC. C. Prohibited Recording  Interactions solely among other department employees when not actively investigating or assigned to a call or incident.  Non-work related activity.  Within areas of a police facility restricted to personnel-only access, including roll call rooms, locker rooms, break rooms, and report rooms. BWCs should only record citizen contacts inside a police facility if relevant to an investigation or to compl y with the Mandatory Recording situations described in this policy.  When interacting with undercover officers or confidential informants, or persons providing information based on confidentiality, unless necessary for a law enforcement investigation or to comply with the Mandatory Recording situations described in this policy.  During a work break.  At any location where a reasonable expectation of privacy exists, such as a bathroom or locker room, unless necessary for a law enforcement investigation or to comply with the Mandatory Recording situations described in this policy.  In patient care areas of a hospital, sexual assault treatment center, or other healthcare facility unless necessary for a law enforcement investigation or to comply with the Mandatory Recording situations described in this policy.  This policy also recognizes that officers encounter tense, uncertain, and rapidly evolving situations regardless of location. Given this fact, officers may unintentionally create a prohibited recording or may intentionally record to comply with the Mandatory Recording requirements of this policy. Officers who are aware they may have created a prohibited recording must report that recording to their supervisor. The video management personnel will manage data recorded in violation of policy. Victim or witness interviews must also be recorded, unless the officer becomes aware of the following:  Officers may be aware that the identity of a victim or witness is protected by the Minn. Stat. § 13.82. Individuals whose identities are protected under the Minn. Stat. § 13.82 include victims or alleged victims of criminal sexual conduct or sex trafficking. An officer may deactivate recording to protect the identity of someone afforded protection under the Minn. Stat. § 13.82, provided the request does not conflict with any other Mandatory Recording requirement under this policy.  An officer may deactivate recording upon the request of a victim or witness, provided the request does not conflict with any other Mandatory Recording requirement under this policy.  Officers should consider the totality of the circumstances before deactivating recording and determine the best approach for a particular circumstance. For example, deactivation may be the best option if the situation is not adversarial and a BWC inhibits a victim or witness from providing information. Nothing precludes an officer who has deactivated recording under these circumstances from reactivating it should mandatory recording circumstances emerge or the officer choose to reactivate recording in their discretion.  Deactivation under these circumstances must be documented in an incident report, or if no incident report is otherwise required it must be documented in CAD comments.  This policy recognizes officers cannot or will not always know of or have time or opportunity to account for protections afforded under the Minn. Stat. § 13.82. An officer may also intentionally record an individual with Minn. Stat. § 13.82 protections, or any witness or victim who has requested recording be deactivated, in order to comply with other sections of this policy. Compliance with the other Mandatory Recording requirements under this policy is the higher priority.  The video management personnel will provide the final review to ensure appropriate management of data and compliance with the Minn. Stat. § 13.82. Special Guidelines for Recording Officers may, in the exercise of sound discretion, determine: A. To use their BWC’s to record any police-citizen encounter if there is reason to believe the recording would potentially yield information having evidentiary value, unless such recording is otherwise expressly prohibited. B. To use their BWC’s to take recorded statements from persons believe d to be victims of and witnesses to crimes, and persons suspected of committing crimes, considering the needs of the investigation and the circumstances pertaining to the victim, witness, or suspect. C. Officers need not record persons being provided medical care unless there is reason to believe the recording would document information having evidentiary value. When responding to an apparent mental health crisis or event, BWC’s shall be activated as necessary to document any use of force and the basis for it, and any other information having evidentiary value, but need not be activated when doing so would serve only to record symptoms or behaviors believed to be attributable to the mental health issue. D. Officers are encouraged to activate their BWC and in-car video system when transporting prisoners under the following conditions: a. Prisoner is argumentative or combative. b. Prisoner assaults an officer prior to transport. c. Prisoner is injured or claims to be injured. d. Prisoner is attempting to injure himself Downloading and Labeling Data A. Each officer using a BWC is responsible for transferring or assuring the proper transfer of the data from his or her camera to the Watchguard storage location by the end of that officer’s shift. However, if the officer is involved in a shooting, in-custody death, or other law enforcement activity resulting in death or great bodily harm, a supervisor or investigator shall take custody of the officer’s BWC and assume responsibility for transferring the data from it. B. Officers shall label the BWC data files at the time of video capture or transfer to storage, and should consult with a supervisor if in doubt as to the appropriate labeling. Officers should assign as many of the following labels as are applicable to each file: 1. Report: The recording was made during an event which resulted in the creation of an incident report. 7 year retention 2. Citation with no report: The recording was made during an event which resulted in the issuance of one or more citations, but no incident report was created. 3 year retention 3. Event with no report: The recording was made during an event which did not require an incident report or issuance of citation(s). 90 day retention 4. Test: The recording was made during a test of the devices functionality. 90 day retention 5. Unintentionally recorded footage: 90 day retention C. In addition, officers shall flag each file as appropriate to indicate that it contains information about data subjects who may have rights under the MGDPA limiting disclosure of information about them. These individuals include: 1. Victims and alleged victims of criminal sexual conduct and sex trafficking. 2. Victims of child abuse or neglect. 3. Vulnerable adults who are victims of maltreatment. 4. Undercover officers. 5. Informants. 6. When the video is clearly offensive to common sensitivities. 7. Victims of and witnesses to crimes, if the victim or witness has requested not to be identified publicly. 8. Individuals who called 911, and services subscribers whose lines were used to place a call to the 911 system. 9. Mandated reporters. 10. Juvenile witnesses, if the nature of the event or activity justifies protecting the identity of the witness. 11. Juveniles who are or may be delinquent or engaged in criminal acts. 12. Individuals who make complaints about violations with respect to the use of real property. 13. Officers and employees who are the subject of a complaint related to the events captured on video. 14. Other individuals whose identities the officer believes may be legally protected from public disclosure. D. Labeling and flagging designations may be corrected or amended based on additional information. Administering Access to BWC Data A. Data subjects. Under Minnesota law, the following are considered data subjects for purposes of administering access to BWC data: 1. Any person or entity whose image or voice is documented in the data. 2. The officer who collected the data. 3. Any other officer whose voice or image is documented in the data, regardless of whether that officer is or can be identified by the recording. B. BWC data is presumptively private BWC recordings are classified as private data about the data subjects unless there is a specific law that provides differently. As a result: 1. BWC data pertaining to people is presumed private, as is BWC data pertaining to businesses or other entities. 2. Some BWC data is classified as confidential (see C. below). 3. Some BWC data is classified as public (see D. below). C. Confidential data BWC data that is collected or created as part of an active criminal investigation is confidential. This classification takes precedence over the “private” classification listed above and the “public” classifications listed below. D. Public data The following BWC data is public: 1. Data documenting the discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick, injured, or dangerous. 2. Data that documents the use of force by a peace officer that results in substantial bodily harm. 3. Data that a data subject requests to be made accessible to the public, subject to redaction. Data on any data subject (other than a peace officer) who has not consented to the public release must be redacted if practicable. In addition, any data on undercover officers must be redacted. 4. Data that documents the final disposition of a disciplinary action against a public employee. However, if another provision of the Data Practices Act classifies data as private or otherwise not public, the data retains that other classification. For instance, data that reveals protected identities under Minn. Stat. § 13.82, subd. 17 (e.g., certain victims, witnesses, and others) should not be released even if it would otherwise fit into one of the public categories listed above. E. Access to BWC data by non-employees Officers shall refer members of the media or public seeking access to BWC data to the Records Supervisor or Chief of Police, who shall process the request in accordance with the MGDPA and other governing laws. In particular: 1. An individual shall be allowed to review recorded BWC data about him or herself and other data subjects in the recording, but access shall not be granted: a. If the data was collected or created as part of an active investigation. b. To portions of the data that the agency would otherwise be prohibited by law from disclosing to the person seeking access, such as portions that would reveal identities protected by Minn. Stat. § 13.82, subd. 17. 2. Unless the data is part of an active investigation, an individual data subject shall be provided with a copy of the recording upon request, but subject to the following guidelines on redaction: a. Data on other individuals in the recording who do not consent to the release must be redacted. b. Data that would identify undercover officers must be redacted. c. Data on other officers who are not undercover, and who are on duty and engaged in the performance of official duties, may not be redacted. F. Access by peace officers and law enforcement employees No employee may have access to the department’s BWC data except for legitimate law enforcement or data administration purposes: 1. Officers may access and view stored BWC video only when there is a business need for doing so, including the need to defend against an allegation of misconduct or substandard performance. 2. Officers involved in a Critical Incident may view or listen to video technology of the incident only after: a. Officer(s) involved in a Critical Incident may view and/or listen to BWC and Squad Camera Data of the incident only after:  The Officer has met with the Union representative or legal counsel, if those entities are requested by the officer, and  The officer and legal counsel have met with the investigative entity or designee regarding the process for Critical Incident set out in Policy #213. 3. Agency personnel shall document their reasons for accessing stored BWC data at the time of each access. Agency personnel are prohibited from accessing BWC data for non- business reasons and from sharing the data for non-law enforcement related purposes, including but not limited to uploading BWC data recorded or maintained by this agency to public and social media websites. 4. Employees seeking access to BWC data for non-business reasons may make a request for it in the same manner as any member of the public. G. Other authorized disclosures of data. Officers may display portions of BWC footage to witnesses as necessary for purposes of investigation as allowed by Minn. Stat. § 13.82, subd. 15, as may be amended from time to time. Officers should generally limit these displays in order to protect against the incidental disclosure of individuals whose identities are not public. Protecting against incidental disclosure could involve, for instance, showing only a portion of the video, showing only screen shots, muting the audio, or playing the audio but not displaying video. In addition 1. BWC data may be shared with other law enforcement agencies only for legitimate law enforcement purposes that are documented in writing at the time of the disclosure. 2. BWC data shall be made available to prosecutors, courts, and other criminal justice entities as provided by law. Data Security Safeguards A. Access to electronically archived BWC data shall be controlled by secure and individualized login credentials. BWC data storage is self-contained within the Watchguard system. Once data is captured, it migrates through multiple secure hard drives, making backup copies of the data. BWC data is also automatically stored to a secondary external server, making it accessible in the event data cannot be retrieved from the primary server for some reason. B. Access to BWC data from city or personally owned and approved devices shall be managed in accordance with established city policy. C. Officers shall not intentionally edit, alter, or erase any BWC recording unless otherwise expressly authorized by the chief or the chief’s designee. D. As required by Minn. Stat. § 13.825, subd. 9, as may be amended from time to time, this agency shall obtain an independent biennial audit of its BWC program. Agency Use of Data A. At least twice a month, supervisors will randomly review BWC usage by each officer to ensure compliance with this policy, and to identify any performance areas in which additional training or guidance is required. B. In addition, supervisors and other assigned personnel may access BWC data for the purposes of reviewing or investigating a specific incident that has given rise to a complaint or concern about officer misconduct or performance. C. Nothing in this policy limits or prohibits the use of BWC data as evidence of misconduct or as a basis for discipline. D. Officers should contact their supervisors to discuss retaining and using BWC footage for training purposes. Officer objections to preserving or using certain footage for training will be considered on a case-by-case basis. Field training officers may utilize BWC data with trainees for the purpose of providing coaching and feedback on the trainees’ performance. Data Retention A. All BWC data shall be retained for a minimum period of 90 days. There are no exceptions for erroneously recorded or non-evidentiary data. B. Data documenting the discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick, injured, or dangerous, must be maintained for a minimum period of one year. C. Certain kinds of BWC data must be retained for six years: 1. Data that documents the use of deadly force by a peace officer, or force of a sufficient type or degree to require a use of force report or supervisory review. 2. Data documenting circumstances that have given rise to a formal complaint against an officer. D. Other data having evidentiary value shall be retained for the period specified in the Records Retention Schedule. When a particular recording is subject to multiple retention periods, it shall be maintained for the longest applicable period. E. Subject to Part F (below), all other BWC footage that is classified as non -evidentiary, becomes classified as non-evidentiary, or is not maintained for training shall be destroyed after 90 days. F. Upon written request by a BWC data subject, the agency shall retain a recording pertaining to that subject for an additional time period requested by the subj ect of up to 180 days. The agency will notify the requestor at the time of the request that the data will then be destroyed unless a new written request is received. G. The department shall maintain an inventory of BWC recordings having evidentiary value. H. The department will post this policy, together with its Records Retention Schedule, on its website. Compliance Supervisors shall monitor for compliance with this policy. The unauthorized access to or disclosure of BWC data may constitute misconduct and subject individuals to disciplinary action and criminal penalties pursuant to Minn. Stat. § 13.09. By Order Of: ___________________________________ Chief of Police R EG U LAR C IT Y C O U N C IL ME E TIN G R IC H F IE L D MU N IC IPAL C EN TER, C O U N C IL C H AMB E R S D E C E MB E R 12, 2017 7:00 P M IN TR O D U C TO RY P R O C E E D IN G S C all to order Open forum (15 mi nutes maximum) E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address the C ouncil must have registered prior to the meeting. P ledge of A llegiance A pproval of the mi nutes of the: (1) S pecial joint C i ty C ouncil and P lanning C ommi ssi on work session of November 20, 2017; (2) S pecial C i ty C ouncil meeting of November 20, 2017; (3) S pecial joint C i ty C ouncil, Housing and Redevelopment A uthority, and P lanning C ommission work session of November 28, 2017; (4) S pecial C ity C ounci l work session of November 28, 2017; (5) Regular C ity C ouncil meeting of November 28, 2017; and (6) S pecial C ity C ouncil meeting of D ecember 5, 2017. P R E S E N TATIO N S 1.Richfield F oundation awarding of grants 2.A nnual meeti ng with the Transportation C ommi ssi on C O U N C IL D IS C U S S IO N 3.Hats Off to Hometown Hits S chedule commission interview date(s) AG E N D A AP P R O VAL 4.A pproval of the A genda 5.Consent C alendar contains several separate items, which are acted upon by the City C ouncil in one motion. Once the C onsent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for C ouncil discussion and action. All items listed on the C onsent C alendar are recommended for approval. A .C onsi deration of the approval of a contract with Graymont (W I), L L C for the annual purchase of 1,400 tons of qui ck lime in the amount of $737,240 for water treatment in 2018, 2019, and 2020. S taff Report No. 204 B .C onsi deration of the approval of a resoluti on allowing the acceptance of monetary support solicited for the P ubli c S afety/P olice D epartment in support of S afety D ay, Nite to Unite, Heroes and Helpers, and Uni ty in the C ommunity. S taff Report No. 205 C .C onsi deration of the approval of a resoluti on allowing acceptance of monetary support for the F ire D epartment to purchase equipment. S taff Report No. 206 D .C onsi deration of the approval of the renewal of the 2018 licenses for On-S ale 3.2 P ercent Malt L iquor, Off- S ale 3.2 P ercent Malt L iquor and taxi companies doing business in Richfield. L icenses to Operate in Richfield L i censes to sell 3.2 P ercent Malt L i quor Gold S tar Taxi - 10 vehicles P ortland F ood Mart - Off-S ale A irport Taxi - 6 vehicles P ump & Much - Off-S ale Rainbow F oods - Off-S ale Ri chfield Minnoco (Gas stati on 67th& P enn) - Off-S ale S hort S top S upperette - Off-S ale S uperA merica #4186 - Off-S ale S uperA merica #4188 - Off-S ale S uperA merica #4191 - Off-S ale S uperA merica #4615 - Off-S ale Target C orporation - Off-S ale S andy’s Tavern - On-S ale Vina Restaurant - On-S ale S taff Report No. 207 E .C onsi deration of the approval of a fi rst reading of an ordinance adding C ity C ode S ection 430 pertaini ng to shore land management and schedule a second reading for January 9, 2018. S taff Report No. 208 F.C onsi deration for the approval of a resolution designating polling places for the 2018 S tate P rimary and S tate General E lection. S taff Report No. 209 6.C onsideration of items, if any, removed from C onsent C alendar PR O P O S E D O R D IN AN C ES 7.C onsideration of the approval of an ordinance authorizing the conveyance of vacated right-of-way owned by the C ity of Ri chfi eld to the Richfield Housing and Redevelopment A uthority. S taff Report No. 210 8.C onsideration of the approval of an ordinance amending the C ity's Zoning Ordinance related to construction standards to mi ti gate the impact of airport noise and consideration of a resolution authorizing summary publication of said ordinance. S taff Report No. 211 P U B LIC H EAR IN G S 9.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Intoxicating and S unday L iquor licenses, with optional 2 a.m. closing, for F renchman's P ub, Inc. d/b/a F renchman's, 1400 66th S treet E ast. S taff Report No. 212 10.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Intoxicating and S unday L iquor licenses for P aisan Incorporated, d/b/a K han’s Mongoli an B arbeque, 500 78th S treet E ast. S taff Report No. 213 11.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Intoxicating and S unday L iquor licenses for Lyn 65, L L C , d/b/a Lyn 65 K itchen & B ar, 6439 Lyndale Avenue S outh. S taff Report No. 214 12.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Intoxicating and S unday L iquor licenses, with optional 2 a.m. closing, for E l Tejaban Mexican Restaurant, L L C d/b/a E l Tejaban Mexican Grill, 6519 Nicollet Avenue S outh. S taff Report No. 215 13.P ublic heari ng regarding the approval of the renewal of 2018 On-S ale Intoxicati ng and S unday L iquor licenses for GM Richfi eld, L L C , d/b/a F our P oints by S heraton Minneapolis A irport, 7745 Lyndale Avenue S outh. S taff Report No. 216 14.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Intoxicating and S unday L iquor licenses with outside service, for Thompson's F ireside P izza, Inc., d/b/a F ireside F oundry, 6736 P enn Avenue S outh. S taff Report No. 217 15.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Intoxicating and S unday L iquor licenses, with outside service, and with the optional 2 a.m. closing, for P izza L uce V II, Inc., d/b/a P izza L uce, 800 66th S treet West. S taff Report No. 218 16.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Intoxicating and S unday L iquor licenses, with outside service, for W iltshire Restaurants, L L C d/b/a Houlihan's Restaurant & B ar, 6601 Lyndale Avenue S outh. S taff Report No. 219 17.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Intoxicating and S unday L iquor licenses, with outside service, for V P C Richfield P izza, L L C d/b/a Giordano's of Richfield, 3000 66th S treet West. S taff Report No. 220 18.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Wine and 3.2 P ercent Malt L iquor licenses for C hipotle Mexican Grill of C olorado, L L C , d/b/a C hipotle Mexican Grill, 7644 Lyndale Avenue S outh. S taff Report No. 221 19.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Wine and 3.2 P ercent Malt L iquor licenses for Henry Thou, d/b/a Red P epper C hinese Restaurant, 2910 66th S treet West. S taff Report No. 222 20.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Wine and 3.2 P ercent Malt L iquor licenses for Minnesota J unior Hockey Group, L L C d/b/a Minnesota Magicians at the Ri chfi eld Ice A rena, 636 E ast 66th S treet. S taff Report No. 223 21.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Wine and 3.2 P ercent Malt L iquor licenses for P atrick's F rench B akery, Inc., d/b/a P atri ck's B akery & C afe, 2928 66th S treet West. S taff Report No. 224 22.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Wine and 3.2 P ercent Malt L iquor licenses for D avanni's, Inc. d/b/a D avanni's P izza and Hot Hoagies, 6345 P enn Avenue S outh. S taff Report No. 225 23.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Wine and 3.2 P ercent Malt L iquor licenses for My B urger Operations, L L C d/b/a My B urger, 6555 Lyndale Avenue S outh. S taff Report No. 226 24.P ublic heari ng for the consideration of the renewal of 2018 On-S ale Wine and 3.2 P ercent Malt L iquor licenses for Joy's P attaya Thai Restaurant, L L C d/b/a J oy's P attaya Thai Restaurant, 7545 Lyndale Avenue S outh. S taff Report No. 227 25.P ublic heari ng for the consideration of the renewal of 2018 C lub On-S ale Intoxicati ng and S unday L iquor licenses for F red B abcock V.F.W. P ost No. 5555 d/b/a F our Nickels F ood and D rink, 6715 L akeshore D rive. S taff Report No. 228 26.P ublic heari ng for the consideration of the renewal of the 2018 C lub On-S ale and S unday L iquor licenses for Minneapoli s-Richfield A merican L egion P ost No. 435, 6501 P ortland Avenue S outh. S taff Report No. 229 27.P ublic Heari ng for the consideration of the renewal of 2018 P awnbroker and S econdhand Goods D ealer licenses for Metro P awn & Gun, Inc. 7529 Lyndale Avenue S outh. S taff Report No. 230 28.P ublic heari ng and consideration of the approval of a transitory ordinance vacati ng a portion of 67th S treet E ast right-of-way and a storm sewer easement wi thi n The C hamberlain development. S taff Report No. 231 29.P ublic heari ng and consideration of the approval of a resolution granting approval of the preliminary and final plat of the Wexler's S econd A ddition (for The C hamberlain project). S taff Report No. 232 R E S O L U T IO N S 30.C onsideration of the approval of resolutions approving the 2017 Revised/2018 P roposed budget and tax levy and related resolutions. S taff Report No. 233 O T H E R B U SIN E S S 31.C onsideration of the approval authorizing a capital improvement to upgrade the municipal liquor store at 6444 P enn Avenue S outh. S taff Report No. 234 32.C onsideration of the approval of a resolution regarding establishing a voluntary advanced resignation notice pilot program for regular full-time licensed officers and firefighters in the P olice and F i re departments with a minimum of ten (10) years of continuous service with the C i ty of Richfield. S taff Report No. 235 C IT Y MAN AG E R ’S R E P O R T 33.C ity Manager's Report C L AIMS AN D PAYR O LL S 34.C laims and P ayrolls Open forum (15 mi nutes maximum) E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address the C ouncil must have registered prior to the meeting. C LO SE D E X E C U TIV E S E S SIO N 35.C losed S ession pursuant to Minnesota S tatutes, S ection 13D .05, S ubd. 3(c)(2) to discuss protected nonpublic appraisal data (classified pursuant to Minnesota S tatutes, S ection 13.44, S ubd. 3(a)) on the Motel 6 P roperty located at 7636 C edar Avenue S outh, Richfield, Minnesota, and a C losed S ession pursuant to Minnesota S tatutes, S ecti on 13D .05, S ubd. 3(b) for an attorney-client privileged discussi on of the initiation of real property/emi nent domain acquisition legal processes pursuant to Minnesota S tatutes, C hapter 117. 36.A djournment Auxiliary aids for individuals with disabilities are available upon request. R equests must be made at least 96 hours in advance to the C ity Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special Joint City Council and Planning Commission Work Session November 20, 2017 CALL TO ORDER The work session was called to order by Mayor Elliott at 5:45 p.m. in the Bartholomew Room. Council Members Pat Elliott, Mayor; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann. Council Members Edwina Garcia. Absent: PC Members Sean Hayford Oleary; Allysen Hoberg; Bryan Pynn; and Gordon Vizecky. Present: PC Members Dan Kitzberger and Susan Rosenberg. Absent: Staff Present: Steve Devich, City Manager; John Stark, Community Development Director; Melissa Poehlman, Assistant Community Development Director; Matt Brillhart, Associate Planner. Item #1 MIXED-USE DEVELOPMENT PROPOSAL - 6601 1ST AVENUE Assistant Community Development Director Poehlman introduced the topic and the developers for a proposed development at 66th Street and 1st Avenue. Poehlman noted that some members of the Council and Planning Commission had seen an earlier version of plans for the site at a work session in 2016. Mayor Elliott stated that he liked the 3 stories and density on this site. Council Member Trautmann indicated general support for the concept and site layout, noting that it was a good fit for 66th Street. Council Member Howard stated general support for this type of use along 66th Street and encouraged the developer to reach out to nearby residents. Council Member Howard asked about the site in relation to the 66th Street & Nicollet Avenue visioning. Assistant Community Development Director Poehlman responded that the visioning for 66th Street and Nicollet Avenue indicated a multi-family building of three to four stories on this site. Poehlman noted that a primary concern of neighbors was the potential traffic on Stevens Avenue. Special joint Council & PC Work Session Minutes -2- November 20, 2017 Planning Commissioner Hayford Oleary stated strong support for the project and stressed the importance of walk-up access to businesses from 66th Street. ADJOURNMENT The work session was adjourned by unanimous consent at 6:09 p.m. Date Approved: December 12, 2017 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CALL TO ORDER The meeting was called to order by Mayor Elliott at 6:00 p.m. in the Council Chambers. Council Members Pat Elliott, Mayor; Michael Howard; Maria Regan Gonzalez; and Simon Present: Trautmann. Council Member Edwina Garcia Absent: Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Jay Henthorne, Public Safety Director; and Chris Regis, Finance Manager. OPEN FORUM None PLEDGE OF ALLEGIANCE Mayor Elliott led the Pledge of Allegiance. APPROVAL OF MINUTES M/Regan Gonzalez, S/Howard to approve the minutes of the: (1) Special joint City Council, HRA, and Planning Commission work session of October 16, 2017; (2) Special City Council work session of October 17, 2017, for youth commission interviews; (3) Special City Council work session of October 17, 2017, for HRA interviews; (4) Special joint City Council, HRA, and Planning Commission work session of October 24, 2017; and (5) Regular City Council meeting of October 24, 2017. Motion carried 4-0. Item #1 ANNUAL MEETING WITH THE FRIENDSHIP CITY COMMISSION Ahmad Ansari, Friendship City Commission Chair, presented on the work of the commission over the previous year. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special Meeting November 20, 2017 Special Council Meeting Minutes -2- November 20, 2017 Item #2 APPROVAL OF THE AGENDA M/Elliott, S/Trautmann to approve the agenda. Motion carried 4-0. Item #3 CONSENT CALENDAR City Manager Devich presented the consent calendar. A. Consideration of the approval of a resolution approving deferral of special assessments against an owner occupied property. (S.R. No. 187) RESOLUTION NO. 11434 RESOLUTION APPROVING ELIGIBLE DEFERRAL OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD PROPERTIES IN HARDSHIP CASES FOR QUALIFYING OWNERS This resolution appears as Resolution No. 11434. B. Consideration of the renewal of the Public Health and Environmental Health Mutual Aid Agreement. (S.R. No. 188) C. Consideration of the approval of an agreement between the Hennepin County Human Services and Public Health Department and the City of Richfield Police Department for continuing funds for a Police Cadet and/or Community Service Officer position and Joint Community Police Partnership training in 2018. (S.R. No. 189) D. Consideration of the approval of setting a public hearing to be held on December 12, 2017, for the consideration of the renewal of On-Sale Intoxicating and Sunday Liquor licenses for 2018 for El Tejaban Mexican Grill, LLC d/b/a El Tejaban Mexican Grill, Thompson's Fireside Pizza, Inc. d/b/a Fireside Foundry, GM Richfield, LLC d/b/a Four Points by Sheraton Minneapolis Airport, Frenchman’s Pub, Inc. d/b/a Frenchman’s, VPC Richfield Pizza, LLC d/b/a Giordano's of Richfield, Wiltshire Restaurants, LLC d/b/a Houlihan’s Restaurant & Bar, Paisan, Inc. d/b/a Khan’s Mongolian Barbeque, Lyn 65, LLC d/b/a Lyn 65 Kitchen & Bar, Pizza Luce VII, Inc. d/b/a Pizza Luce, Minneapolis-Richfield American Legion Post 435, and Fred Babcock VFW Post 5555 d/b/a Four Nickels Food & Drink. (S.R. No. 190) E. Consideration of the approval of setting a public hearing to be held on December 12, 2017, for the consideration of the renewal of On-Sale Wine and On-Sale 3.2 Percent Malt Liquor licenses for 2018 for Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, Davanni's, Inc. d/b/a Davanni's Pizza & Hot Hoagies, Joy’s Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya Thai Restaurant, Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians (located in the Richfield Ice Arena), My Burger Operations, LLC, d/b/a My Burger, Patrick's French Bakery, Inc. d/b/a Patrick’s Bakery & Café, Henry Thou d/b/a Red Pepper Chinese Restaurant. (S.R. No. 191) F. Consideration of the approval of setting a public hearing to be held on December 12, 2017, for the consideration of the renewal of Pawnbroker and Secondhand Goods Dealer license for 2018 for Metro Pawn and Gun, Inc. (S.R. No. 192) M/Elliott, S/Howard to approve the consent calendar. Motion carried 4-0. Special Council Meeting Minutes -3- November 20, 2017 Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #5 CONSIDERATION OF THE APPROVAL OF A RESOLUTION AUTHORIZING THE REFUNDING OF THE $4,550,000 G.O. CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2009A, DATED JANUARY 14, 2009 WITH THE $3,205,000 G.O. CAPITAL IMPROVEMENT PLAN REFUNDING BONDS, SERIES 2017B. (S. R. NO. 193) Mayor Elliott presented Staff Report No. 193. Brian Reilly, Ehlers, Inc., presented a summary of the refunding bond sale for the refunding of $4,550,000 G.O. Capital Improvement Plan Bonds, Series 2009A, dated January 14, 2009, with $3,205,000 G.O. Capital Improvement Plan Refunding Bonds, Series 2017B. Mr. Reilly stated that the low bid results in a savings of almost $370,000 over the remaining life of the bonds. In addition, there was additional benefit in the reduction of the principal of the new bonding issue. M/Elliot, S/Regan Gonzalez to approve the attached resolution awarding the sale of General Obligation Bonds, Series 2017B, in the original aggregate principal amount of $3,205,000; fixing their form and specifications; directing their execution and delivery; providing for their payment; providing for the escrowing and investment of the proceeds thereof; providing for the redemption of bonds refunded thereby; and rescinding a prior resolution of the City. RESOLUTION NO. 11435 A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN REFUNDING BONDS, SERIES 2017B, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $3,205,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY Motion carried 4-0. This resolution appears as Resolution No. 11435. Item #6 CLAIMS AND PAYROLLS M/Howard, S/Elliott that the following claims and payrolls be approved: U.S. Bank 11/14/17 A/P Checks: 26330 - 263726 $ 1,593,748.62 Payroll: 131826 - 132156 ; 42784 - 42785 597,754.98 TOTAL $ 2,191,503.60 Motion carried 4-0. Special Council Meeting Minutes -4- November 20, 2017 OPEN FORUM None. Item #7 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 6:48 p.m. Date Approved: December 12, 2017 Pat Elliott Mayor Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special Joint City Council, Housing and Redevelopment Authority, and Planning Commission Work Session November 28, 2017 CALL TO ORDER The work session was called to order by Mayor Elliott at 5:45 p.m. in the Bartholomew Room. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann (arrived at 5:53). HRA Members Mary Supple, Chair; Pat Elliott; Michael Howard; and Erin Vrieze Daniels. Present: HRA Members Sue Sandahl. Absent: PC Members Sean Hayford Oleary, Chair; and Susen Rosenberg. Present: PC Members Allysen Hoberg; Dan Kitzberger; Bryan Pynn; and Gordon Vizecky. Absent: Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Julie Urban, Housing Manager; and Jared Voto, Executive Aide/Analyst. Item #1 DISCUSSION REGARDING A REVISED PROPOSAL TO REDEVELOP THE CEDAR POINT HOUSING AREA. Community Development Director Stark introduced the topic and provided a brief history of the area. Mr. Stark introduced members of the Cedar Point II LLC development team. The Cedar Point II LLC development team described the new proposal of apartments and townhomes, and phasing in creating and “urban village” to connect the neighborhood of single-family homes to the west and the commercial properties to the east. The townhomes would be Phase I and apartment would follow in Phase II. Members of the Council, HRA, and Planning Commission commented and asked questions about the phasing of the project as it relates to providing a resolution to the homeowners in the area; what factors would drive the start of Phase II of the project; the orientation of the townhomes to the neighborhood; the potential funding sources used to fill the previous funding gap; the potential timeline for construction; the breakdown of apartments by bedroom size; affordable housing in the Special joint Council, HRA, & PC Work Session Minutes -2- November 28, 2017 development; the City’s sharing of information with the neighborhood; and the developers commitment to completing the project. ADJOURNMENT The work session was adjourned by unanimous consent at 6:19 p.m. Date Approved: December 12, 2017 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session November 28, 2017 CALL TO ORDER The work session was called to order by Mayor Elliott at 6:21 p.m. in the Bartholomew Room. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann Staff Present: Steven L. Devich, City Manager; Kristen Asher, Public Works Director; Jack Broz, Transportation Engineer; and, Jared Voto, Executive Aide/Analyst. Item #1 UPDATE TO THE BLUE CROSS BLUE SHIELD DEMONSTRATION PROJECT AND DISCUSSION OF THE CROSSWALK POLICY. Transportation Engineer Broz presented information on the project including project background, crosswalk safety education that was provided during the project, and results of a online survey. He also provided results of a Hennepin County crossing study. He stated that the Transportation Commission is reviewing the crosswalk policy and it an updated policy will come before the Council at a future date. Members of the City Council commented on their appreciation of incorporating more comprehensive measures considering a crosswalk policy and the City’s transportation planning in general; and concerns about contributing to a false sense of security for pedestrians. Item #2 DISCUSSION REGARDING A PUBLIC ART POLICY. Public Works Director Asher presented public art in the city of Richfield, including why public art matters, gave a background on the visual quality guidelines, and provided an outline of previous public art projects – sidewalk poetry on Portland Ave and utility box wrap. She also discussed potential funding sources as there is no current dedicated funding, and provided a draft policy for public art in the right-of-way. Councilmember Trautmann discussed wrapping utility boxes at major intersections, such as Penn Ave and 66th Street. Ms. Asher responded the difficulty comes in who owns the box, as Xcel has not allowed their boxes to be wrapped. Councilmember Regan Gonzalez commented on the draft policy and thought art is a way to make a community more inclusive. She discussed that is was not merely about beautifying space, but thinking of the human element and engagement with the space. Special Council Work Session Minutes -2- November 28, 2017 ADJOURNMENT The work session was adjourned by unanimous consent at 6:52 p.m. Date Approved: December 12, 2017 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CALL TO ORDER The meeting was called to order by Mayor Elliott at 7:00 p.m. in the Council Chambers. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann. Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Kristin Asher, Public Works Director; John Stark, Community Development Director; and Jared Voto, Executive Aide/Analyst. OPEN FORUM Margaret Scheirman, 6856 Oliver Ave S, spoke regarding questions remaining on the Richfield Band Shell project Steve Lavictoire, 4308 15th Ave S, Minneapolis, spoke regarding opposition to the Richfield Band Shell project. PLEDGE OF ALLEGIANCE Mayor Elliott led the Pledge of Allegiance. Item #1 SWEARING-IN OF CITY OF RICHFIELD POLICE OFFICERS LUKAS EITREIM AND MICHAEL ANDERSON Chief Henthorne introduced Officers Eitreim and Anderson, and their families, and completed their swearing-in. Item #2 2016 ANNUAL HEALTH REPORT TO THE COMMUNITY Bonnie Paulsen, from Bloomington Public Health, presented the 2016 Annual Health Report for Richfield. Council thanked the staff for their work and stated their appreciation for the annual report. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting November 28, 2017 Council Meeting Minutes -2- November 28, 2017 Item #3 ANNUAL MEETING WITH THE TRANSPORTATION COMMISSION This item was moved to the December 12, 2017 meeting. Item #4 ANNUAL MEETING WITH THE ARTS COMMISSION Mia Simpson, Arts Commission member, presented the initiatives of the commission in 2017 and vision for 2018. Item #5 COUNCIL DISCUSSION  Hats Off to Hometown Hits o Consider a motion to cancel the second City Council meeting in December (December 26) Council Member Garcia spoke regarding the passing of Floyd Roman who was dedicated service to the Richfield community. Council Member Trautmann spoke regarding Small Business Saturday and his visits to businesses along the Penn Ave corridor. Mayor Elliott spoke regarding all business passed their alcohol compliance check in November by not selling to a minor and the opening of advisory commission recruitment from December 1 to December 31. Council Member Howard spoke regarding the Lyndale Avenue open house on November 29 and the completion of the 66th Street reconstruction for 2017. Council Member Regan Gonzalez spoke regarding her interactions with the small businesses on 66th Street and her excitement about new businesses in the corridor. M/Elliott, S/Howard to cancel the second City Council meeting in December (December 26, 2017). Motion carried 5-0. Item #6 APPROVAL OF THE AGENDA M/Garcia, S/Regan Gonzalez to approve the agenda. Motion carried 5-0. Item #7 CONSENT CALENDAR City Manager Devich presented the consent calendar. Council Meeting Minutes -3- November 28, 2017 A. Consideration of the approval of an amendment to the Hennepin County Cost Participation Agreement for the acquisition of right-of-way for the 77th Street Underpass of Trunk Highway 77 Project. (S.R. No. 194) B. Consideration of the approval of a resolution to accept a grant of $4,027.92 from the Office of Justice Programs for bullet proof vests. (S.R. No. 195) RESOLUTION NO. 11436 RESOLUTION APPROVING THE GRANT WITH THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND RICHFIELD POLICE FOR BULLETPROOF VESTS This resolution appears as Resolution No. 11436. C. Consideration of the approval of a first reading of a transitory ordinance vacating a portion of 67th Street East right-of-way and a storm sewer easement within The Chamberlain development area and schedule a public hearing and second reading for December 12, 2017. (S.R. No. 196) D. Consideration of the approval of a first reading of an ordinance authorizing the conveyance of vacated right of-way owned by the City of Richfield to the Richfield Housing and Redevelopment Authority. (S.R. No. 197) E. Consideration of the approval of a first reading of an ordinance amending the City's Zoning Ordinance related to construction standards to mitigate the impact of airport noise and schedule a public hearing and second reading for December 12, 2017. (S.R. No. 198) F. Consideration of the approval of setting a public hearing to be held on January 9, 2018, for the consideration of the issuance of new On-Sale Wine and 3.2 Malt Liquor licenses, with outside service, for LRFC, LLC d/b/a Local Roots Food & Coffee located at 81766th Street East. (S.R. No. 199) M/Elliott, S/Garcia to approve the consent calendar. Motion carried 5-0. Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #9 CONSIDERATION OF THE APPROVAL OF A RESOLUTION AMENDING A PLANNED UNIT DEVELOPMENT, CONDITIONAL USE PERMIT, AND FINAL DEVELOPMENT PLAN TO ALLOW A DAYCARE FACILITY (PRIMROSE SCHOOLS) AT CEDAR POINT COMMONS. (S. R. NO. 200) Council Member Howard presented Staff Report No. 200. M/Howard, S/Trautmann to approve a resolution amending the Planned Unit Development, Conditional Use Permit, and Final Development Plan to allow a daycare facility at Cedar Point Commons. RESOLUTION NO. 11437 Council Meeting Minutes -4- November 28, 2017 RESOLUTION APPROVING AN AMENDED FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE CEDAR POINT COMMONS PLANNED UNIT DEVELOPMENT Motion carried 5-0. This resolution appears as Resolution No. 11437. Item #10 PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF RESOLUTIONS RELATED TO THE ESTABLISHMENT OF A NEW TAX INCREMENT FINANCING DISTRICT FOR THE CHAMBERLAIN DEVELOPMENT. (S. R. NO. 201) Council Member Regan Gonzalez presented Staff Report No. 201. James Lehnhoff, Ehlers, Inc., presented a brief summary on the mechanics of Tax Increment Financing (TIF) Districts, in general, and the approvals that are being requested specifically for the Chamberlain development project. Council Member Regan Gonzalez opened the public hearing. M/Howard, S/Elliott to close the public hearing. Motion carried 5-0. M/Regan Gonzalez, S/Howard to approve a resolution to modify the Redevelopment Plan for the Richfield Redevelopment Project Area, establish Tax Increment Financing District 2017-1 (The Chamberlain) within the Richfield Redevelopment Project Area, and adopt a Tax Increment Financing Plan therefor. RESOLUTION NO. 11438 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 2017-1 (THE CHAMBERLAIN) THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR M/Regan Gonzalez, S/Howard to approve a resolution to modify the Tax Increment Financing Plan for the Cedar Avenue Tax Increment Financing District. RESOLUTION NO. 11439 RESOLUTION ADOPTING A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE CEDAR AVENUE TAX INCREMENT FINANCING DISTRICT WITHIN THE RICHFIELD REDEVELOPMENT PROJECT AREA Motion carried 5-0. These resolution appear as Resolution No. 11438 and No. 11439. Item #11 CONSIDERATION OF A VARIETY OF LAND USE APPROVALS RELATED TO A PROPOSAL FOR CONSTRUCTION OF A NEW AUTO DEALERSHIP AT 1550 78TH STREET EAST. (S. R. NO. 202) Council Meeting Minutes -5- November 28, 2017 Mayor Elliott stated that discussions are continuing between the City and Morrie’s Automotive Group and both parties agreed to continue this item until the January 9, 2018, City Council meeting. Item #12 CITY MANAGER’S REPORT City Manager Devich discussed a December 18 work session with the Richfield School Board and a Star Tribune article recently about infrastructure costs affecting local governments. Item #13 CLAIMS AND PAYROLLS M/Garcia, S/Elliott that the following claims and payrolls be approved: U.S. Bank 11/28/17 A/P Checks: 263727 - 264009 $ 758,408.43 Payroll: 132157 - 132493 ; 42786 635,542.76 TOTAL $ 1,393,951.19 Motion carried 5-0. OPEN FORUM None. Item #14 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 8:13 p.m. Date Approved: December 12, 2017 Pat Elliott Mayor Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CALL TO ORDER The meeting was called to order by Mayor Elliott at 6:00 p.m. in the Council Chambers. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; and Simon Trautmann. Present: Council Member Maria Regan Gonzalez Absent: Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; Kristin Asher, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Jay Henthorne, Public Safety Director; Wayne Kewitsch, Fire Services Director; Bill Fillmore, Municipal Liquor Operations Director; and Chris Regis, Finance Manager. ITEM #1 TRUTH IN TAXATION PUBLIC HEARING REGARDING THE 2018 PROPERTY TAX LEVY AND 2017 REVISED/2018 PROPOSED BUDGET AND PROPOSED 2018 WATER, WASTEWATER, STORM SEWER UTILITY, AND STREET LIGHT RATES. (STAFF REPORT NO. 203) City Manager Devich made a brief presentation on the basic formula that equates the market value of a residence to the property taxes that are assessed. Finance Manager Regis made a presentation summarizing the general fund budget and tax levy, the capital budget and utility rates including water, sanitary, and storm sewer. Mayor Elliott opened the public hearing and asked if there was anyone who wished to speak on the tax levy. No one wished to speak. M/Elliott, S/Howard to close the public hearing. Motion carried 4-0. ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 6:28 p.m. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special Meeting December 5, 2017 Special Council Meeting Minutes -2- December 5, 2017 Date Approved: December 12, 2017 Pat Elliott Mayor Jared Voto Steven L. Devich Executive Aide/Analyst City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.A. STAFF REPORT NO. 204 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: Mike P etersen, Utilities S upervisor/E ngineer D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 12/4/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a contract with G raymont (W I), L L C for the annual purchase of 1,400 tons of quick lime in the amount of $737,240 for water treatment in 2018, 2019, and 2020. E X E C UT IV E S UM M ARY: Quick lime is a chemical used in the water treatment process to lower hardness in water. Approximately 1,400 tons of quick lime is required each y ear to produce softened water. On November 29, 2017, a bid opening was held and two bids were submitted. Graymont (W I ), LLC was the low bidder. They are a qualified supplier that meets all specifications and requirements. RE C O M M E ND E D AC T IO N: By motion: Approve the three-year contract with G raymont (W I), L L C for the purchase of quick lime in the amount totaling $737,240.00 ($171.75/ton 2018, $175.50/ton 2019, $179.35/ton 2020). B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT I n the bid specifications for quick lime, language was inc luded to allow the contract to be extended for additional one-year periods to a maximum c ontrac t period of three years (with mutual c onsent of both parties). Graymont agreed to extend the 2016 contract for the y ear 2017; however, Graymont did not agree to an extension for 2018, prompting the bidding proc ess. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Contracts estimated to have a value over $100,000 must be made by sealed bids, solicited by public notice, and awarded to the lowest responsible bidder. C.C R IT IC AL T IMIN G ISSU E S: Quick lime is a nec essary chemical required in the water softening process. The c urrent contrac t expires on December 31, 2017. D.F IN AN C IAL IMPAC T: A recent history of pric es for this product is: Years B ase Pric e Est. Annual Cost Vendor 2007 $95.20/Ton $133,280.00 C utler Magner 2008 $99.65/Ton $139,510.00 C utler Magner 2009 $112.00/Ton $156,800.00 Gray mont 2010 $120.00/Ton $168,000.00 Gray mont 2011 $120.00/Ton $168,000.00 Gray mont 2012 $124.45/Ton $174,230.00 Gray mont 2013 $143.00/Ton $200,200.00 Gray mont 2014 $154.85/Ton $216,790.00 Gray mont 2015 $160.95/Ton $225,330.00 Gray mont 2016 $166.58/Ton $233,212.00 Gray mont 2017 $166.58/ton $233,212.00 Gray mont 2018 $171.75/ton $240,450.00 Gray mont 2019 $175.50/ton $245,700.00 Gray mont 2020 $179.35/ton $251,090.00 Gray mont Funding for the purc hase of quic k lime is in the 2018 W ater Department B udget, line item 51000-6413 (Chemicals). E.L E GAL C ON S ID E R AT ION : W hen the purc hase of materials, merc handise, equipment or construction exceeds $100,000, authority to purchase shall be submitted to the C ity Council for consideration. The bid opening held on November 29, 2017, was in ac cordance with legal requirements. The C ity Attorney will be available for questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type B id Tab B ackup Materi al B id Openi ng B ackup Materi al C ontract C ontract/A greement BID TABULATION SHEET WATER TREATMENT CHEMICALS -QUICK LIME Bid Number 17-07 Bid Opening: 2:00 p.m.,Wednesday, November 29, 2017 Municipal Center, Babcock Room Award of Contract:December 12, 2017 Vendor Bond Non-Collusion Intent to Comply Responsible Contractor Total Bid(s) Pete Lien & Sons X X X X Quicklime, bulk delivery, (price per ton)2018: $267.50/ton 2019: $285.00/ton 2020: $293.50/ton Base freight rate (price per ton)2018: $167.50/ton 2019: $172.50/ton 2020: $177.50/ton Total bid $1,184,400.00 Graymont (WI), LLC X X X X Quicklime, bulk delivery, (price per ton)2018: $171.75/ton 2019: $175.50/ton 2020: $179.35/ton Base freight rate (price per ton)2018: Included 2019: Included 2020: Included Total bid $737,240.00 CITY OF RICHFIELD, MINNESOTA Bid Opening November 29, 2017 2:00 p.m. 2017 Water Treatment Chemicals – Quick Lime Bid No. 17-07 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Elizabeth VanHoose, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for the 2017 Water Treatment Chemicals – Quick Lime, as advertised in the official newspaper on November 16, 2017. Present: Elizabeth VanHoose, City Clerk Michael Petersen, Utilities Engineer Russ Lupkes, Utilities Superintendent Jared Voto, City Manager Representative The following bids were submitted and read aloud: Bidder’s Name Bond Non- Collusion Intent to Comply Responsible Contractor Total Base Bid Pete Lien & Sons Provided Provided Provided Provided $ 1,184,400.00 Graymont Provided Provided Provided Provided $ 737,240.00 The City Clerk announced that the bids would be tabulated and considered at the December 12, 2017 City Council Meeting. ________________________________ Elizabeth VanHoose City Clerk 1 CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA C O N T R A C T Purchase of Quick Lime Bid No. 17-07 Contract No. 2829 THIS AGREEMENT made this 12th day of December 2017 between the City of Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called "The City," and Graymont (W I), LLC, 800 Hill Avenue, Superior, W I 54880, the "Contractor," witnesseth; that the Contractor, in consideration of the payment of the contract price therefore, amounting substantially to SEVEN HUNDRED THIRTY SEVEN THOUSAND, TW O HUNDRED FORTY AND NO/100 ($737,240.00) Dollars agrees to furnish all materials (except such as are specified to be furnished by the City, if any), all necessary tools and equipment, and to do and perform all the necessary work and labor for the full completion of City projects as follows: Purchase of an estimated 1,400 Tons of Quick Lime per year for the years 2018, 2019, and 2020 for the W ater Treatment Plant At 6221 Portland Avenue South as per specifications, for the price and compensation set forth and specified in the proposal signed by the Contractor, which is hereto attached and hereby made a part of this Agreement, all in accordance with the specifications and special provisions therefore on f ile in the office of the U tility Superintendent, City of Richfield, and hereby made a part of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. “The contract price is a unit price of $ 171.75 per ton in calendar year 2018; $175.50 per ton in calendar year 2019; and, $179.35 per ton in calendar year 2020 .” The Contractor agrees that the work shall be done and performed in the best and most workmanlike manner; that all materials and labor shall be in strict conformity in every respect with the plans, specifications and special provisions for the improvement, shall be subject to inspection and approval of the City or a duly authorized engineer of the City, and in case any material or labor supplied shall be rejected by the City or engineer as defective or unsuitable, then such rejected material shall be removed, and replaced with approved material and the rejected labor shall be done anew to the satisfaction and Approval of the City or Utility Superintendent and at the cost and expense of the Contractor. 2 Purchase of Quick Lime Bid No. 17-07 Contract No. 2829 The Contractor further agrees that he will commence work immediately upon receipt of contract, and will have all work done and the improvement fully completed to the satisfaction and approval of the City Council of the City of Richfield, Minnesota, as provided in the specif ications. Time is the essence of this contract for prompt completion and if the Contractor shall fail to complete the work within the time herein specified, the City shall have the right to deduct f rom the unpaid part of the contract price, the amount, or amounts specified in the specifications, or, if no moneys shall be due the Contractor, to recover damages in accordance with said specifications, for each and every working day thereafter during which the contract shall remain unfinished and incomplete, such damages being hereby agreed upon as liquidated damages in lieu of actual damages occasioned by such delay, but special provisions, if any, contained in the proposal are also continued in effect and shall be read and construed as part of this provision as to the completion and liquidated damages f or delay. It is agreed, however, that upon receipt of written noti ce from the Contractor of the existence of causes over which the Contractor has no control and which will delay the completion of the work, the City Council in its discretion, and in accordance with the specifications, may extend the date hereinbefore spec ified for completion, and in such case the Contractor shall become liable for said liquidated damages only for failure to perf orm within the time so extended. It is agreed, also, that delays caused by the elements or by strikes or other combined action of workmen employed in the construction or in the transportation of materials, but in no part caused or resulting from default or collusion on the part of the Contractor, shall be excused to the extent which the City Council may find and determine such conditions to have delayed completion within the time limit, but the judgement of the City Council in f ixing such amount shall be final and conclusive upon the parties hereto. It is distinctly understood and agreed that no claims for extra work done or materia ls furnished by the Contractor will be allowed by the City Council except as provided herein, nor shall the Contractor do any work or furnish any materials not covered by the plans, specif ications, special provisions, and this contract, unless such work is first ordered in writing, as provided in the specifications. Any such work or materials which may be done or furnished by the Contractor without such written order f irst being given shall be at his own risk, cost and expense, and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. 3 Purchase of Quick Lime Bid No. 17-07 Contract No. 2829 It is f urther agreed, anything to the contrary notwithstanding, that the City of Richf ield, City Council, and its agents or employees shall not be personally liable or responsible in any manner to the Contractor, Subcontractors, materialmen, laborers, or to any person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the perf ormance and completion of the work and improvement provided herein. Dated at Richfield, Minnesota, this 12th day of December 2017. Signatures for Gra ymont (WI) LLC. Signatures for Cit y of Richfield, MN By Its Date By Pat Elliott, Mayor Date By Its Date By Steven L. Devich, City Manager Date AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.B. STAFF REPORT NO. 205 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/20/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a resolution allowing the acceptance of monetary support solicited for the Public Safety/P olice D epartment in support of Safety D ay, Nite to Unite, Heroes and Helpers, and Unity in the C ommunity. E X E C UT IV E S UM M ARY: Throughout the year, donations are rec eived from various agenc ies, businesses and private individuals to be used for special events or programs sponsored by the Polic e Department. The donations for events such as Safety Day, Nite to Unite, Heroes and Helpers, and Unity in the Community are solic ited by the Department. RE C O M M E ND E D AC T IO N: By motion: Approve a resolution allowing the acceptance of monetary support solicited for the Public Safety/Police D epartment in support of Safety D ay, N ite to Unite, Heroes and Helpers, and Unity in the Community. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The D epartment of Public Safety/Polic e holds several annual events that require outside funding to oc cur. Staff members solicit donations from business and/or individuals to support these programs. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute 465.03 requires that every acc eptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City C ounc il. The A dministrative Servic es Department issued a memo on November 9, 2004 requiring that all grants and restric ted donations to departments be rec eived by resolution and adopted by two- thirds majority of the City Council in ac cordanc e with Minnesota S tatute 465.03. C.C R IT IC AL T IMIN G ISSU E S: Donations have been received and applied to the designated areas as indicated by the donors. D.F IN AN C IAL IMPAC T: Financial donations have been deposited in the funds supporting the designated programs. All of the donations listed below were given without obligation to provide any additional matching funds: Safety D ay & Nite to Unite: D O N O R AMO U N T John and Nancy Schuneman $25.00 D avid and Theresa Carroll $75.00 R ichfield American Legion $100.00 D air y Q ueen International $250.00 D istr ibution Personnel Inc.$500.00 R ichfield Rotary $500.00 R ichfield R.E.A.D.Y.$500.00 R ichfield Bloomington Honda $500.00 R ichfield Bloomington Credit U nion $500.00 R ichfield Lions Club/Frenchmans Gambling Acct $1,200.00 Bullet Pr oof Vests: D O N O R AMO U N T R ichfield American Legion $50.00 Heroes & H elpers: D O N O R AMO U N T Mark Poklar (2016)$300.00 Modern Manufacturing & Engineering Inc. (2016) $600.00 Phuoc Tran and Family (2016)$100.00 Martin Costello (2016)$150.00 B roadway Tip jar (2016)$122.00 B roadway (2016)$267.24 R ob R iley $150.00 Milissa C arter $140.00 D onna W illiams $150.00 Michael Anderson $150.00 K ristin K aiser $150.00 Jodi Flanery-Olson $260.00 C ecelia Flanery $50.00 K risti Gay $50.00 D eborah W ells $150.00 K athy Soucy $50.00 Martin Costello $150.00 R ichfield R.E.A.D.Y.$500.00 Unity in the Community: D O N O R AMO U N T H ouse of Prayer Lutheran C hurch $150.00 E.L E GAL C ON S ID E R AT ION : Minnesota Statute 465.03 requires every ac ceptanc e of a grant or devise of real or personal property be received by resolution and adopted by two-thirds majority of the C ity Council. ALT E R N AT IV E R E C O MME N D AT IO N(S): Council c ould disapprove the acceptance of the donations for the events and the monetary donations would have to be returned to the issuing agency /business/individual. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution A ccepting D onations for P olice E vents and P rograms Resolution L etter RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES WHEREAS, the Department of Public Safety/Police Division, through its Director, received checks from the following for Safety Day, Nite to Unite, Heroes and Helpers, and Unity in the Community: Safety Day & Nite to Unite: DONOR AMOUNT John and Nancy Schuneman $25.00 David and Theresa Carroll $75.00 Richfield American Legion $100.00 Dairy Queen International $250.00 Distribution Personnel Inc. $500.00 Richfield Rotary $500.00 Richfield R.E.A.D.Y. $500.00 Richfield Bloomington Honda $500.00 Richfield Bloomington Credit Union $500.00 Richfield Lions Club/Frenchmans Gambling Acct $1,200.00 Bullet Proof Vests: DONOR AMOUNT Richfield American Legion $50.00 Heroes & Helpers: DONOR AMOUNT Mark Poklar (2016) $300.00 Modern Manufacturing & Engineering Inc. (2016) $600.00 Phuoc Tran and Family (2016) $100.00 Martin Costello (2016) $150.00 Broadway Tip jar (2016) $122.00 Broadway (2016) $267.24 Rob Riley $150.00 Milissa Carter $140.00 Donna Williams $150.00 Michael Anderson $150.00 Kristin Kaiser $150.00 Jodi Flanery-Olson $260.00 Cecelia Flanery $50.00 Kristi Gay $50.00 Deborah Wells $150.00 Kathy Soucy $50.00 Martin Costello $150.00 Richfield R.E.A.D.Y. $500.00 Unity in the Community: DONOR AMOUNT House of Prayer Lutheran Church $150.00 WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds will be used towards the designated events sponsored by Richfield Police. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety/Chief of Police will accept the donations to be placed in the accounts as specified. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.C. STAFF REPORT NO. 206 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: Wayne K ewi tsch, F ire C hief D E PA RTM E NT D IRE C TOR RE V IE W: Wayne K ewi tsch, F ire C hief 12/5/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a resolution allowing acceptance of monetar y support for the Fire Department to purchase equipment. E X E C UT IV E S UM M ARY: This past summer the staff at Village Shores, 6501 W oodlake Drive, approac hed the Fire Department requesting to host an event to raise funds to assist the department with the purchase of safety equipment. The event was very succ essful and the proceeds from the event were donated to the Fire Department. RE C O M M E ND E D AC T IO N: By motion: Approve a resolution allowing the acceptance of monetary support for the Fire Department to purchase safety equipment. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The Fire Department is occ asionally approached to be the recipient of funds from a variety of fundraising events held in the community. The department works c losely with the donors to find a suitable use of the funds that aligns with the donors' mission or intention. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute 465.03 requires that every acc eptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City C ounc il. The A dministrative Servic es Department issued a memo on November 9, 2004 requiring that all grants and restric ted donations to departments be rec eived by resolution and adopted by two- thirds majority of the City Council in ac cordanc e with Minnesota S tatute 465.03. C.C R IT IC AL T IMIN G ISSU E S: The donation has been rec eived and applied to the designated area indic ated by the donor. D.F IN AN C IAL IMPAC T: Financial donations have been deposited in the funds supporting the purchase of safety equipment by the Fire Department. The total amount of the donation was $5,170. E.L E GAL C ON S ID E R AT ION : Minnesota Statute 465.03 requires every ac ceptanc e of a grant or devise of real or personal property be received by resolution and adopted by two-thirds majority of the C ity Council. ALT E R N AT IV E R E C O MME N D AT IO N(S): Should Council disapprove of the acceptanc e of the donations, the monetary donations would need to be returned to eac h individual donor. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION AUTHORIZING THE ACCEPTANCE OF MONETARY SUPPORT FROM THE RESIDENTS AND VENDORS OF VILLAGE SHORES FOR THE RICHFIELD FIRE DEPARTMENT TO PURCHASE SAFETY WHEREAS, the Richfield Fire Department was the beneficiary of a fundraising event held by the staff and residents of Village Shores to purchase safety equipment; and, WHEREAS, the Richfield Fire Department has designated the $5,170.00 to be used to purchase safety equipment. NOW, THEREFORE, BE IT RESOLVED that the Fire Chief will accept funds designated for the purchase of safety equipment in accordance to and as listed above. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.D. STAFF REPORT NO. 207 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of the renewal of the 2018 licenses for On-S ale 3.2 Percent Malt Liquor, O ff-Sale 3.2 P er cent Malt Liquor and taxi companies doing business in R ichfield. Licenses to O per ate in Richfield Licenses to sell 3.2 Percent Malt Liquor Gold Star Taxi - 10 vehicles Por tland Food Mart - O ff-Sale Airport Taxi - 6 vehicles Pump & Much - O ff-Sale Rainbow Foods - Off-Sale Richfield Minnoco (G as station 67th& Penn) - Off-Sale Shor t Stop Supperette - O ff-Sale Super America #4186 - Off-Sale Super America #4188 - Off-Sale Super America #4191 - Off-Sale Super America #4615 - Off-Sale Tar get Corporation - O ff-Sale Sandy’s Tavern - O n-Sale Vina Restaurant - O n-Sale E X E C UT IV E S UM M ARY: Staff completed a staff report for eac h business at the time they originally applied for and received Council approval to operate their taxi business or to sell On-Sale 3.2 Percent Malt Liquor and Off-Sale 3.2 Percent Malt Liquor at their business in the City of Richfield. This is simply a request to renew their annual license for 2018. There is not a public hearing requirement for renewals for these types of licenses. The businesses named in this report are presented for Counc il’s approval on this date. RE C O M M E ND E D AC T IO N: By Motion: 1. Approve the 2018 renewal of named business licenses for O n-Sale 3.2 P ercent Malt Liquor and O ff-Sale 3.2 P ercent Malt Liquor establishments doing business in Richfield. 2. Approve the 2018 renewal of named business licenses for taxi companies doing business in Richfield. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The listed businesses c urrent licenses will expire on Dec ember 31, 2017. The businesses named below with the corresponding lic enses are presented for Council’s approval on this date. Licenses to Operate in Richfield Gold Star Taxi - 6 vehicles A irport Taxi - 6 vehicles Licenses to sell 3.2 Percent Malt Liquor Portland Food Mart - Off-Sale Pump & Munch - Off-Sale Rainbow Foods - Off-Sale Richfield Minnoco (Gas station 67th & Penn) - Off-Sale Short Stop Supperette - Off-Sale SuperAmerica #4186 - Off-Sale SuperAmerica #4188 - Off-Sale SuperAmerica #4191 - Off-Sale SuperAmerica #4615 - Off-Sale Target Corporation - Off-Sale Sandy’s Tavern - On-Sale Vina Restaurant - On-Sale B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): All businesses must annually request renewal of their 3.2 Percent Malt Liquor and Taxi Company licenses to the C ity Council. Businesses must meet the requirements for renewal of their licenses. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: All license fees must be paid and application forms submitted in order to be c onsidered for license renewal. E.L E GAL C ON S ID E R AT ION : There are no legal issues. ALT E R N AT IV E R E C O MME N D AT IO N(S): Deny the request for the renewal of 2018 licenses for On-Sale 3.2 Percent Malt Liquor, Off-Sale 3.2 Percent Malt Liquor and taxi c ompanies doing business in Richfield. This would result in the applicants not being able to c onduct business within the C ity in 2018; however, there have been no issues with any of these listed establishments and the P ublic Safety Department has found no reason to deny any of the requested licenses. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Businesses have been notified of the date of presentation to the City Council but are not required to attend. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.E. STAFF REPORT NO. 208 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: Taylor B urandt, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 12/5/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a first reading of an ordinance adding C ity Code Section 430 pertaining to shor e land management and schedule a second reading for January 9, 2018. E X E C UT IV E S UM M ARY: The purpose of the S hore Land Management Ordinanc e is to implement regulations conc erning the use, development, and alteration of c ertain shore areas in the City of Richfield in complianc e with direc tives and requirements of Minnesota Statutes, Section 103F.221, Subd. 1. These regulations are adopted in order to protec t the natural c harac teristic s of such shore areas to prevent pollution, minimize flood damage, and manage the effec ts of shore area crowding and development. A significant portion of the designated public waters within Richfield (W ood Lake, Ric hfield Lake, and Legion Lake) are surrounded by park land with no development possibilities. I n areas where improvements on public or private lands surrounding these public waters have been proposed in the past, staff c onsidered the Department of Natural Resources (D NR) recommendations in all reviews. This ordinance would formalize those D NR recommendations at a City level with referenc es specific to the public waters within Richfield jurisdic tion. I t is in the best interest to adhere to the D NR recommendations to ensure the wise development of shore lands of public waters and thus preserve and enhance the quality of surface waters, c onserve the natural environmental values of shore lands, and provide for the wise utilization of waters and related land resources. RE C O M M E ND E D AC T IO N: By motion: Approve first reading of an ordinance adding City Code Section 430 pertaining to shore land management and schedule a second reading for January 9, 2018. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT See Exec utive Summary for all relevant information. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute, Section 103F.221, Subd. 1 and rules adopted pursuant. Sec tion 430 will be inc luded under Chapter I V of Richfield City C ode. C.C R IT IC AL T IMIN G ISSU E S: Having a loc al shore land ordinance in place will provide regulation specific to Richfield water bodies and independent of changes at the state level, whic h will make reviews of proposed development and land changes within the shore land distric ts easier to perform and enforc e. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : The C ity Attorney has reviewed the draft ordinanc e and will be available to answer questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type S horeland Management Ordinance Ordinance O H W L S etback Map E xhibit 1 BILL NO. _____ AN ORDINANCE AMENDING CHAPTER IV OF THE RICHFIELD CODE OF ORDINANCES BY ADDING A NEW SECTION 430 RELATING TO SHORELAND MANAGEMENT THE CITY OF RICHFIELD DOES ORDAIN: Section 1. A new Section 430 is inserted into the Richfield City Code as follows: SECTION 430. – SHORELAND MANAGEMENT 430.01. – Statutory Authority. This Section is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 – 6120.3900, and Minnesota Statutes, Chapter 462. 430.02. – Purpose. The uncontrolled use of shorelands of the City of Richfield affects the public health, safety and general welfare by contributing to pollution of public waters and by impairing the local tax base. It is, therefore, in the best interests of the public health, safety and welfare to provide for the wise development of shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. The purpose of this Section is to implement regulations concerning the use, development, and alteration of certain shore areas in the City of Richfield in compliance with directives and requirements of Minnesota Statutes, Section 103F.221, Subd. 1 and rules adopted pursuant thereto. These regulations are adopted in order to protect the natural characteristics of such shore areas and adjacent water areas to prevent the pollution of surface and ground waters to minimize flood damage, to manage the effects of shore area crowding and development, and to maintain shore area property values. 430.03. – Jurisdiction. Subdivision 1. Applicability. The provisions of this Section shall apply to the shoreland district in the City, as defined in Subdivision 3. Subd. 2. Exemptions. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size is subject to the regulations in this Section. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempted from this Section. 2 Subd. 3. Protected Waters and Classifications. The provisions of this Section shall apply to the shore areas of the following public waters, as identified by the DNR. DNR # DNR Classification Ordinary High Water Level Richfield Lake 27002100 Recreational Development 826.1 ft Wood Lake 27002600 Recreational Development 820.7 ft Legion Lake 27002400 Natural Environment Elevation not established Subd. 4. Other Regulations. Unless specifically stated to the contrary, the provisions of this Section shall be in addition to, and not in derogation of, other statutes, regulations, or ordinances, affecting shore areas. If both these regulations and other regulations impose similar restrictions upon shore areas, the more restrictive regulation shall apply. - 430.04. – Definitions. Subdivision 1. For purposes of this Section, the following words and terms will have the meanings as stated: Subd. 2. Backyard Appurtenant Structure – accessory structures under 100 square feet in size, including but not limited to : children's recreational equipment (e.g., swing set or sandbox); clotheslines; arbors and trellises; outdoor fireplaces or grills; permanent benches; utility wires or poles; other public sewer, water, and gas utility appurtenances; flag poles; walls and fences less than six (6) feet in height; landscaping retaining walls; dog enclosures. Subd. 3. Best Management Practices - the methods and practices described in the Minnesota Pollution Control Agency's "Protecting Water Quality in Urban Areas", commonly known as "Best Management Practices In Minnesota". Subd. 4. Deck - a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to the principal use of the site. Subd. 5. DNR - Minnesota Department of Natural Resources. Subd. 6. Exotic species - flora and fauna that are not indigenous to Minnesota, as determined by the DNR, the City, or other public agency. Subd. 7. Noxious weed - those weeds so defined in Minnesota Statues Section 18.77, subd. 8, or any plant which is identified and placed by Hennepin County on its noxious weed list. Subd. 8. Ordinary high water level (OHWL) - the boundary of public waters, which is the elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural 3 vegetation changes from predominantly aquatic to predominantly terrestrial. The OHWLs for those public waterbodies governed by this Section are listed in subsection 430.03, subd. 3. Subd. 9. Paved area - any impervious ground surface area created by means of concrete, asphalt, brick, mortar, or other materials. Subd. 10. Public waterbody - the lakes listed in the table in subsection 430.03, subd. 3. Subd. 11. Shoreland district - all land in the City lying within 1,000 feet from the Ordinary High Water Level (OHWL) of the public waterbodies listed in subsection 430.03, subd. 3. Subd. 12. Shore area impact zone - all land between the ordinary high water level and a line parallel to it at a setback of 50 percent of the structure setback, as detailed below. Shore Impact Zone Richfield Lake 37.5’ Wood Lake 37.5’ Legion Lake 75’ Subd. 12. Vegetation - flora of any variety, including trees, shrubs, plants, and grass. Subd. 13. Watercraft landing facility - a dock, ramp, or other structure used to land watercraft. Subd. 14. Watercraft lift or storage facility - an unenclosed structure designed and used solely to raise water craft out of the water or for the storage of watercraft and related equipment. Subd. 15. Water-oriented accessory structure – a small, above ground building or other improvement, except stairways, stairway landings, lifts, fences, docks, and retaining walls, which, because of the relationship of its use with a public water body, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 430.05. – Permit Required. Unless otherwise exempted in this Section, a permit is required for any construction, grading, filling, excavation, impervious surface construction, or vegetation management within the shore area impact zone. 430.06. – Uses and Development Standards within the Shoreland District. 4 Subdivision 1. Permitted Uses. Permitted uses within the shoreland district shall be determined by the regulations of the underlying zoning district, as established in Appendix B of the City Code. Subd. 2. Lot area and width. Lot area and width standards for residential development by a public water body shall be governed by the regulations of the underlying zoning district, as established in Appendix B of the City Code. Subd. 3. Setback requirements. The following setbacks shall apply, except as exempted in subdivision 4. Setback of Structures from OHWL Richfield Lake 75’ Wood Lake 75’ Legion Lake 150’ Subd. 4. Structure setback exemptions. The following types of structures are exempt from the required structure setbacks in subd. 3, but are required to follow the standards in Subdivisions 5 and 6 of this subsection: a. Stairways, stairway landings, and pedestrian lifts; b. Watercraft landing facilities; c. Watercraft lift or storage facilities; d. Water-oriented accessory structures; e. Utility sheds; f. Decks g. Other backyard appurtenant structures; and h. Public park, beach, and marina facilities and other public improvements. Subd. 5 Height. The height of structures shall be governed by the underlying zoning district as established in Appendix B of the City Code. Subd. 6. Impervious surface coverage. Impervious surface coverage shall not exceed 10% in the shore area impact zone. 430.07. – Backyard Appurtenant and Water-Oriented Structures within the Shoreland District. Subdivision 1. Each residential lot may have one water-oriented accessory structure or facility located no closer to the OHWL than 10 feet. Subd. 2. All other backyard appurtenant and water-oriented structures shall be at least 10 feet from the OHWL. 5 Subd. 3. Performance Standards. a. All backyard appurtenant and water-oriented structures must be located so as to minimize the impact upon existing vegetation, and whenever reasonable in the most visually inconspicuous portions of lots, as viewed from the surface of the public waterbody, assuming summer, leaf-on conditions. b. The structure must not exceed twelve feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet; provided that utility sheds shall not exceed 120 square feet in area. Detached decks must not exceed eight feet above grade at any point. c. The roof of a structure may be used as a deck with safety rails, but must not be enclosed or used as a storage area. d. The structure must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. e. The following standards shall apply to attached or detached decks: i) allowed only if no reasonable location exists for the deck outside of the shore area impact zone; ii) the deck encroachment toward the OHWL shall not exceed fifteen (15) percent of the existing setback of the principal structure from the OHWL or shall not encroach into the shore area impact zone, whichever is more restrictive; iii) the deck must be constructed primarily of wood, and shall not be enclosed, roofed or screened, and shall not result in the creation of an impervious surface; f. Nothing herein is intended to permit private watercraft landing facilities or other private water access where such rights have been acquired by the public. 430.08. – Stairways, Lifts, Landings Within the Shoreland District. Subdivision 1. Location. Stairways, stairway landings, retaining walls, and pedestrian lifts shall be located whenever reasonable in the most visually inconspicuous portions of lots, as viewed from the surface of the public waterbody, assuming summer, leaf- on conditions. Subd. 2. Construction and Design. a. Stairways and pedestrian lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned developments where more than one lot or more than four dwelling units are served. b. Landings for stairways and pedestrian lifts on residential lots must not exceed 32 square feet in area. Landings not exceeding 60 square feet may be used for 6 commercial properties, public open-space recreational properties, and planned developments where more than one lot is served. c. Canopies or roofs are not allowed on stairways, stairway landings, or pedestrian lifts. d. Stairways, stairway landings, and pedestrian lifts may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. 430.09. – Grading, Filling, Excavation, Impervious Surface Construction, and Vegetation Management Within the Shoreland District. Subdivision 1. Permit required. No grading, filling, excavation, impervious surface construction, or vegetation management within the shore impact zone areas shall occur without a shore area permit. Subd. 2. Permit exemptions. The following activities do not require a permit: a. the removal of dead, diseased, hazardous or storm-damaged vegetation, or for the mowing of turf; b. the periodic pruning of woody vegetation up to four inches in diameter (as measured at the base of the cut provided the roots are left intact; c. removal of exotic species, noxious weeds or other public nuisances; d. removals or alterations for purposes of the construction of when all other requirements are met; e. landscaping activities customarily associated with gardening or lawn care, not including grading. Subd. 3. Performance standards. The following standards shall be required for all grading, filling, excavation, and vegetation management within the shore area impact zone: a. The existing vegetative screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, must be substantially maintained; and b. Before any permit will be issued to grade or fill, the applicant must provide evidence that all provisions of federal, state, and local law pertaining to wetlands and shore area (including but not limited to the Wetland Conservation Act, Watershed District regulations, U.S. Corps of Engineers regulations, DNR protected waters regulations, and City floodplain,) have been satisfied to the satisfaction of the City Engineer. c. All shore area permits for grading, filling, or excavation shall be subject to all of the additional following conditions: 7 (i) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed and is exposed for the shortest time possible. (ii) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. (iii) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. (iv) Altered areas must be stabilized to acceptable erosion control standards consistent with Best Management Practices. (v) Fill or excavated material must not be placed in a manner that creates an unstable slope. (vi) Alterations of topography may be allowed only if accessory to uses allowed by this section and does not adversely affect adjacent or nearby properties. (vii) Placement of natural rock rip rap, including associated grading and placement of a filter blanket, is permitted only if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the OHWL (as measured along the ground surface), and the height of the rip rap above the OHWL does not exceed three feet. (viii) Such other conditions as are reasonable and necessary under the circumstances as determined by the City Engineer. (ix) Excavations or grading where the intended purpose is connection to a public waterbody (such as boat slips, canals, lagoons, and harbors) shall not be allowed without the approval of the DNR. d. All shore area permits for impervious surface construction in the shore impact zone shall be subject to the additional following conditions: i) The impervious surface construction must: take advantage of natural vegetation and topography to achieve maximum screening of view from the public waterbody; limit the removal or alteration of vegetation; be designed so as to minimize and control erosion to the public waterbody consistent with Best Management Practices; and, be designed so as to minimize adverse impacts to the shore area. ii) Existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and detain storm water runoff before discharge to public waters. iii) Development and construction must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected 8 using methods and facilities designed and installed consistent with Best Management Practices. iv) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. 430.10. – Water and Sewer Facilities. Subdivision 1. Connection to public systems. All lots within the shoreland district shall be connected to the public water and sanitary sewer systems and old sewer and water systems shall be abandoned in conformance with state law and city ordinances. Lots not meeting this requirement must be connected as part of any proposed development or redevelopment. Subd. 2. Wells/septic systems prohibited. No new water wells or on-site sewage treatment systems may be constructed within the shoreland district. 430.11. – Administration. Subdivision 1. Permit Fee. The fee for a shore area permit shall be as provided in Appendix D of this Code, except that a double fee may be required by the City in instances where work or an activity has been initiated without the required permit. Subd. 2. Other necessary permits. The obtaining of a shore area permit for a given activity shall not abrogate the need to obtain any other permits required for the activity under the City Code or other federal, state, or local laws. Subd. 3. Applications. Applications for a shore area permit shall be filed with the City Engineer and shall contain information necessary and relevant to the review and analysis of the application, as determined by the City. Such information may include a scaled plan showing some or all of the following: a. Existing and proposed contour lines with two-foot intervals and ground elevations; b. The OHWL; c. Existing vegetation and proposed removals; d. Existing and proposed improvements and utilities; e. Location of wells and private septic systems; f. Wetlands; g. Lot lines; h. Adjacent streets and right-of-way; i. Shore area and shore area impact zone; 9 j. Other information relevant to the application, as determined by the City. Section 2. Effective Date. This Ordinance is effective as provided by Section 3.09 of the Richfield City Charter. Adopted by the City Council of the City of Richfield, Minnesota this ____ day of ___________, 2018. By: __________________________ Pat Elliott, Mayor ATTEST: ________________________ Elizabeth VanHoose, City Clerk W O O D L A K E 70TH 73RD 74TH 70TH DUPONTBRYANT71S T 67TH OAK GROVE68TH 69TH EMERSONEMERSONLYNDALECOLFAXFREMONTEMERSONHUMBOLDTGIRARDALDRICHGIRARDLYNWOODLAKE SHOREHUMBOLDTLAKE SHORE 35Le gend Shore Impact Zone Structure Setback Ordinary High Water Level ¯ R I C H F I E L D L A K EDUPONTCOLFAX BRYANTALDRICH65TH 65TH 66THEMERSON WOODLAKE63RD M IL D R E D 6 6 T H WOODLAKE RAE L EG I O N L A K E 10TH11THELLIOTP A R K PARKOAKLANDCOLUMBUSCHICAGOELLIOT10TH11THLOREN 66TH 6 2 N D 64TH 63RD 62ND 61ST 67TH 62 K:\01933-050\GIS\Maps\Shoreland Areas and Impact Zones 3 Lakes.mxd Date: 8/22/2016 0 250 500Feet 0 200 400Feet 0 200 400Feet AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.F. STAFF REPORT NO. 209 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: E lizabeth VanHoose, C ity C lerk D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration for the approval of a resolution designating polling places for the 2018 State Primary and State General Election. E X E C UT IV E S UM M ARY: Minnesota Statute section 204B.16, subd 1 requires the C ity Council, by ordinanc e or resolution, to designate polling places for the upc oming year by D ec ember 31. RE C O M M E ND E D AC T IO N: By motion: Approve a resolution designating polling places for the 2018 S tate Primary and State G eneral Election. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This is a new annual requirement that was passed in the most recent legislative session. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute sec tion 204B.16, subd 1 requires the City Council, by ordinance or resolution, to designate polling plac es for the upc oming y ear by December 31. C.C R IT IC AL T IMIN G ISSU E S: Must be approved by December 31. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : None ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION DESIGNATING POLLING PLACES FOR THE 2018 STATE PRIMARY AND STATE GENERAL ELECTION WHEREAS, Minnesota Statute 204B.16, subd 1 requires the City Council, by ordinance or resolution, to designate polling places for the upcoming year; and WHEREAS, changes to the polling places locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and WHEREAS, the state primary is August 14, 2018 and the state general election is November 6, 2018 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield hereby designates the following polling places for elections conducted in the city in 2018; Precinct No. 1 Mt. Calvary Education Building Ward 3 6541 16th Avenue Precinct No. 2 St. Peter's Catholic Church Ward 2 6730 Nicollet Avenue Precinct No. 3 Sheridan Hills School Ward 1 6400 Sheridan Avenue Precinct No. 4 St. Richard's Catholic Church Ward 1 7540 Penn Avenue Precinct No. 5 Richfield Middle School Ward 1 7461 Oliver Avenue Precinct No. 6 Central School Building Ward 2 7145 Harriet Avenue Precinct No. 7 Hope Presbyterian Education Facility Ward 2 7132 Portland Avenue Precinct No. 8 Richfield Intermediate School Ward 3 7020 12th Avenue Precinct No. 9 Centennial School Ward 3 7315 Bloomington Avenue NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA that the nine locations listed above are the designated 2018 polling locations in Richfield. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: _________________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #7. STAFF REPORT NO. 210 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: Melissa P oehlman, A sst. C ommunity D evelopment D irector D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 12/4/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of an ordinance authorizing the conveyance of vacated right-of-way owned by the City of R ichfield to the Richfield H ousing and Redevelopment Authority. E X E C UT IV E S UM M ARY: As part of the platting of property for the Chamberlain Apartment Project, the City will vac ate two sec tions of 67th Street that will bec ome part of the development and no longer be necessary for road right-of-way. One of those sections (west of 18th Avenue) is owned in fee by the City. The remainder of the land that will be sold to the developer is owned by the Richfield Housing and Redevelopment Authority (HRA ). I n order to sell this land to the developer alongside the rest of the land, the C ounc il should transfer this right-of-way to the HRA. RE C O M M E ND E D AC T IO N: By motion: Approve a second reading of an or dinance authorizing the conveyance of property owned by the City of Richfield to the Richfield Housing and R edevelopment Authority. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT N/A B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The approved C ontrac t for Private D evelopment calls for the land in question to be sold by the HRA to the developer. State statutes presc ribe a process allowing a C ity’s Housing and Redevelopment Authority to purchase and sell properties for redevelopment purposes. C.C R IT IC AL T IMIN G ISSU E S: A first reading of the ordinance was approved by the Council on November 28, 2017. D.F IN AN C IAL IMPAC T: W hile there is no direct financial impact to the C ity, the HRA is proposed to sell approximately 7 acres of land to the developer at its appraised value. This vacated right-of-way represents a very small portion of that property. E.L E GAL C ON S ID E R AT ION : City legal c ounsel has advised staff on this matter. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Ordinance Ordinance ORDINANCE NO. ____ AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY OWNED BY THE CITY THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (the “City”) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410. 1.02 The City is the fee owner of vacated right-of-way located in the City of Richfield, as legally described in the attached Exhibit A (the “City Property”). 1.03. It has been proposed that the City convey the City Property to the Richfield Housing and Redevelopment Authority (“HRA”) for the purpose of future redevelopment. Pursuant to Section 13.04 of the City’s Charter, no real property of the City shall be disposed of except by ordinance. 1.04. Pursuant to Minnesota Statutes, Chapter 462.356, it has been determined that the proposed disposal of property has no relationship to the comprehensive plan. 1.05. The Council finds and determines that it is in the best interests of the City to convey the City Property to the HRA for the purpose of redevelopment. Section. 2 Adoption; effective date; filing. 2.01 The conveyance of the City Property to the HRA is approved. The Mayor and the City Manager are authorized and directed to convey the City Property to the HRA and take all steps necessary to effect such conveyance. 2.02. This Ordinance shall take effect after the thirtieth (30th) day, exclusive of day of publication. Passed by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: _________________________________ Elizabeth VanHoose, City Clerk EXHIBIT A City of Richfield property to be conveyed to Richfield HRA That part of 67th Street East as dedicated on the plat of Wexler’s Addition, according to the recorded plat thereof, Hennepin County, Minnesota, which lies westerly of a line drawn from the southeast corner of Lot 8, Block 2 to the northeast corner of Lot 1, Block 3 and lies easterly of a line drawn from the southwest corner of Lot 8, Block 2 to the northwest corner of Lot 1, Block 3, all in said Wexler’s Addition. AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #8. S TAFF REPORT NO. 211 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J ohn S tark, C ommunity D evelopment D i rector D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 12/5/2017 O TH E R D E PA RTM E NT RE V IE W: P am D mytrenko, A ssistant C ity Manager C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of an ordinance amending the City's Zoning Or dinance related to construction standards to mitigate the impact of airport noise and consider ation of a resolution authorizing summary publication of said or dinance. E X E C UT IV E S UM M ARY: I n 2009, the City adopted a new sec tion to the Zoning Code entitled "541.19 Noise Attenuation." One of the main purposes of this code provision was to require building materials with superior sound transmission classification (S TC) rating to better insulate against noise penetration in the area of the City most affected by airc raft overflight noise associated with operations at the Minneapolis-St. Paul I nternational Airport (MS P). I n 2013, this section of the Code was amended to make it clear that the upgraded building requirements were to be c onsidered only a recommendation for remodeling projects while remaining a requirement for new construction. Sinc e the original adoption of the Ordinance, only a few homes have been built in the affec ted area. W ithin the past 6 months, however, three new single-family homes and 283 units of multi-family housing have been proposed for the area. I n apply ing the Code requirements, as c urrently written, to the new proposals, both staff and the construction contractors involved in these proposals have found that the language in the code is too vague in some cases and practic ally and/or financially infeasible in others. Currently, the language states that construction in the affected areas "shall utilize building materials with a sound transmission classification rating of at least 40." W hile it was the intent of the C ode that this requirement was only meant for the exterior envelope of the building, and not interior walls or floors, this is not clearly stated. I t is also not clear whether the S TC of 40 is required of each and every exterior building component (i.e. dry er vents, storm doors and primary doors, soffits, etc.). I n practic al terms, not every component rec eives an S TC rating or is easy to test for sound transmission and there are some c omponents that are either not offered on the market with an S TC rating of 40 or greater or the c ost of them c an be so excessive as to render c onstruc tion of any housing in this area as infeasible. For these reasons, staff is recommending amending the language in the code to specify that the S TC requirements only apply to exterior building materials and that the S TC rating goal of 40 or higher would be applied as an average to the exterior surfaces rather than to eac h individual c omponent. Additional specificity for minimum S TC ratings for windows and doors is being proposed, as these are a c hief cause of conc ern for noise penetration. The specific S TC ratings for windows and doors that are being recommended is the result of a great deal of researc h as to the market availability of windows and doors designed for noise insulation. RE C O M M E ND E D AC T IO N: By motion: 1. Approv e an ordinance ame nding the City 's Zoning Ordinance related to construction standards to mitigate the impact of airport noise , and; 2. Approv e a re solution authorizing summary publication of an ordinance amending the City 's Zoning Ordinance related to construction standards to mitigate the impact of airport noise. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT W hen the Minnesota legislature and the Metropolitan Airports Commission (MA C ) made the decision to expand the Minneapolis-S t. P aul I nternational Airport (MS P ) in 1999, the City of Richfield had many conc erns regarding the impac t of airport related noise. I n the early 2000's the City undertook legal challenges to address some of those c oncerns. Ultimately, a C onsent Decree was agreed upon that served as a framework for a resolution, settling the legal dispute. As part of that C onsent D ec ree, the MA C agreed to expand its noise mitigation program whic h made upgrades to homes in order to better insulate against noise penetration. A c ondition on Ric hfield was that the C ity had to consider an ordinanc e requiring new residential construction to include building materials and methods designed to better insulate against noise penetration. The C ity did pass suc h an ordinanc e in 2009 (subsequently revised in 2013). Since that time, application of this ordinanc e in prac tice has shown that the language is too vague and, in some cases, requires building materials that do not exist in the market. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): As a requirement of the Consent Decree between the City and the MA C , the C ity was required to consider an ordinance governing construction standards to mitigate the impact of airport noise. The C onsent D ec ree, however, did not require adoption (only consideration), nor did it affect whether the C ity could amend such an ordinanc e. The Planning Commission held a Public Hearing to c onsider this ordinanc e amendment at their November 27, 2017 meeting and voted unanimously to rec ommend its approval. The C ity Council held a 1st reading of this ordinanc e amendment at its November 28, 2017 regular meeting. I t should be noted that the City Counc il's 1st Reading of this Ordinance required a minimum S TC rating of 27 for glass doors; that number has been changed to 28 for this second reading. C.C R IT IC AL T IMIN G ISSU E S: There are three single-family homes and 283 units of multi-family housing planned in the affected area. The contractors involved in those projects have expressed to C ity staff that there is some confusion about the language in the existing ordinanc e and that, depending on the interpretation of that ordinanc e, it might affect whether their proposals are financ ially feasible. Those projects have paused their design phase as it applies to exterior c onstruction materials until this issue is further c onsidered by the Planning C ommission and City Council. D.F IN AN C IAL IMPAC T: There is no direct financial impact to the C ity. E.L E GAL C ON S ID E R AT ION : The C ity Attorney has been involved in discussions about this ordinance amendment and was involved in drafting the language for the proposed revision. ALT E R N AT IV E R E C O MME N D AT IO N(S): Do not approve the rec ommended ordinanc e amendment. Approve the ordinance amendment with changes based on City Counc il direction. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Ordinance A mendment Ordinance Resolution for S ummary P ublication Resolution L etter Inland D evelopment P artners L etter B ackup Materi al BILL NO. _____ AN ORDINANCE AMENDING THE RICHFIELD CITY CODE SECTION 541.19 NOISE ATTENUATION (SUBDIVISION 3) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 541.19 (Subdivison 3) of the Richfield City Code relating Noise Atenuation is amended to read as follows: Subsection 509.09. Accessory buildings. Subd. 3. Noise Attenuation Required. Any new residential construction on property located within the 2007 63+ or greater DNL Contours, or any infill construction or rebuilding of residential structures after tearing down the original structure which takes place within blocks or between structures that have received noise attenuation pursuant to the Consent Decree or pursuant to previous noise mitigation programs of the Metropolitan Airports Commission, shall utilize exterior building materials assemblies with an average Sound Transmission Class (STC) rating of at least 40 (notwithstanding, windows must have an individual STC rating of at least 31 and glass doors must have an average STC rating of at least 28) and shall include installation of central air conditioning and mechanical ventilation throughout the habitable areas of the structure. Sec. 2. This Ordinance shall be effective immediately upon its passage and publication. Passed by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. _____ RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING THE RICHFIELD CITY CODE SECTION 541.19 NOISE ATTENUATION (SUBDIVISION 3) WHEREAS, the City has adopted the above-referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. ________ AN ORDINANCE AMENDING THE RICHFIELD CITY CODE SECTION 541.19 NOISE ATTENUATION (SUBDIVISION 3) This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance revised regulations related to construction standards in the area most impacted by airport noise associated with the Minneapolis St. Paul International Airport. It clarified that the construction standards are only intended to apply to the exterior construction of buildings, that the required Sound Transmission Classification of 40 is intended to be an average measurement of exterior surfaces, but sets minimum allowable STC ratings for windows and glass doors. Copies of the ordinance are available for public inspection in the City Clerk’s office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #9. STAFF REPORT NO. 212 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for Fr enchman's Pub, Inc. d/b/a Fr enchman's, 1400 66th Street East. E X E C UT IV E S UM M ARY: On October 10, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for Frenc hman’s Pub, I nc . d/b/a Frenc hman’s. All required information and doc uments have been provided. All licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. This agenda item is the first request out of nine for the renewal on On-Sale I ntoxic ating and Sunday Liquor lic enses. Of the remaining eight, if no Counc il member objects, the Council may conduc t a single public hearing for all of the lic enses approvals and may pass all of the resolutions with a single motion. I f a single/individual public hearing is c alled, the Mayor should require each speaker to identify the particular lic ense to whic h the person is speaking. Any Council member may request that the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 On-Sale Intoxicating and S unday Liquor licenses, with optional 2 a.m. closing, for Fr enchman’s Pub, Inc. d/b/a Frenchman’s, 1400 66th Street East. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 10, 2017, the City received the application and other required documents for On-Sale I ntoxicating and Sunday Liquor lic enses for Frenc hman’s. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing S cottsdale I nsurance affording c overage. W orkers’ c ompensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement covers the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 52% of the total sales, while liquor acc ounted for 48% of the total sales. Environmental health staff has received no complaints regarding Frenc hman’s for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale I ntoxicating and Sunday Liquor lic enses will expire on Dec ember 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Frenchman's representative. AT TAC H ME N TS : D escripti on Type F renchman's B ackground S ummary/ B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FRENCHMAN’S PUB, INC. d/b/a FRENCHMAN’S Officers: Mary Blake, Owner Criminal History: Mary Blake, who serves as the On Premise Manager has a DWI conviction from 2008. Premises: Mary Christine Blake Trust is the owner of the property. All payments are current. Record of Service Calls: There were 15 Public Safety/Police contacts with Frenchman’s from October 2016 through September 2017. This compares with 18 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Frenchman’s was June 8, 2004. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on On-Sale Intoxicating and Sunday Liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Frenchman’s Directors and Officers Mary Blake Owner ------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Frenchman’s 2016 2017 TOTAL CONTACTS 18 15 CRIMINAL CONTACTS 16 10 Incidents (see bottom of page for specifics) (12) (9) Alarm (4) (1) MISC. NON-CRIMINAL 2 5 Assists (0) (5) Traffic (1) (0) Inspections/Licensing (0) (0) Medical/Fire (1) (0) The criminal contacts from October 2016 through September 2017 were: three thefts, two assaults, one private property, one suspicious vehicle, one suspicious activity, one credit card fraud and one alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #10. STAFF REPORT NO. 213 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale Intoxicating and Sunday Liquor licenses for P aisan Incorporated, d/b/a Khan’s Mongolian B arbeque, 500 78th Street East. E X E C UT IV E S UM M ARY: On October 31, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses, for Paisan I ncorporated, d/b/a Khan’s Mongolian Barbeque. All required information and doc uments have been provided. A ll licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 O n-Sale Intoxicating and S unday Liquor licenses for P aisan Incorporated d/b/a Khan’s Mongolian Barbeque, 500 78th Street E ast. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 31, 2017, the City received the application and other required documents for On-Sale I ntoxicating and Sunday Liquor lic enses for K han’s Mongolian Barbeque. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing S tate Auto P&C affording coverage. W orkers’ c ompensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement covers the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 95% of the total sales, while liquor acc ounted for 5% of the total sales. Environmental health staff has received no complaints regarding K han’s Mongolian Barbeque for the previous y ear. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale I ntoxicating and Sunday Liquor lic enses will expire on Dec ember 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Khan's Mongolian Barbeque representative. AT TAC H ME N TS : D escripti on Type K han's Mongoli an B arbeque B ackground S ummary/ B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PAISAN, INC. d/b/a KHAN’S MONGOLIAN BARBEQUE Officers: Mitchal Law, Owner/President Paisan Law, Vice President Criminal History: Mitchal Law, who also serves as the On Premise Manager, has a DWI conviction from 2010. Paisan Law has a DWI conviction from 2006 and a careless driving conviction from 2007. Premises: A G Bogen Company is the owner of the property. The lease between the property owner and the applicant is in effect. All payments are current. Record of Service Calls: There were nine Public Safety/Police contacts with Khan’s Mongolian Barbeque from October 2016 through September 2017. This compares with 10 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth for Khan’s Mongolian Barbeque was on September 30, 2005. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Khan’s Mongolian Barbeque Directors and Officers Mitchal Wellington Law Owner/President/Secretary Paisan Shieh Law Vice President/Treasurer ------------------------------------------------------------------------------------------------------------ PUBLIC SAFETY CONTACTS October 2016 through September 2017 Khan’s Mongolian Barbeque 2016 2017 TOTAL CONTACTS 10 9 CRIMINAL CONTACTS 6 8 Incidents (see bottom of page for specifics) (4) (7) Alarm (2) (1) MISC. NON-CRIMINAL 4 1 Assists (0) (0) Traffic (4) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2016 through September 2017 were: one theft, one drug related, one harassment, one suspicious vehicle, one suspicious activity, one theft from auto, one parking complaint and one alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #11. STAFF REPORT NO. 214 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale Intoxicating and Sunday Liquor licenses for Lyn 65, L LC, d/b/a Lyn 65 Kitchen & Bar, 6439 Lyndale Avenue S outh. E X E C UT IV E S UM M ARY: On October 31, 2017, the C ity rec eived the applic ation and other required doc uments for the renewal of On- Sale I ntoxicating and Sunday Liquor licenses for Lyn 65, L L C , d/b/a Lyn 65 K itchen & Bar. All required information and doc uments have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 O n-Sale Intoxicating and S unday Liquor licenses for Lyn 65, L LC, d/b/a Lyn 65 K itchen & Bar, 6439 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 31, 2017, the City received the application and other required documents for On-Sale I ntoxicating and Sunday Liquor lic enses for Ly n 65 Kitc hen & Bar. The applic ant has satisfied the following requirements for the issuance of a lic ense: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing X L I nsurance America, I nc . affording the c overage. W orkers’ c ompensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement covers the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 57% of the total sales, while liquor acc ounted for 43% of the total sales. Environmental health staff has received no complaints regarding Ly n 65 Kitc hen & Bar for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale I ntoxicating and Sunday Liquor lic enses will expire on Dec ember 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all of the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Lyn 65 representative. AT TAC H ME N TS : D escripti on Type Lyn 65 K i tchen & B ar B ackground S ummary/ B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR LYN 65, LLC d/b/a LYN 65 KITCHEN & BAR Officers: Bruce Hinks, President Ken Clark, Vice-President Ben Rients, Secretary Criminal Histories: Bruce Hinks has no known criminal record. Ken Clark has no known criminal record. Ben Rients, who also serves as the On-Premise Manager was convicted for a DWI in 2005 and convicted for intent to escape motor vehicle tax in 2012. Premises: HNC Properties, LLC is the owner of the property. All payments are current. Record of Service Calls: There were 16 Public Safety/Police contacts with Lyn 65 from October 2016 through September 2017. This compares with seven contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth for Lyn 65 Kitchen & Bar. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Lyn 65 Kitchen & Bar Directors and Officers Bruce Hinks President Ken Clark Vice-President Ben Rients Secretary ------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Lyn 65 Kitchen & Bar 2016 2017 TOTAL CONTACTS 7 16 CRIMINAL CONTACTS 6 9 Incidents (see bottom of page for specifics) (6) (8) Alarm (0) (1) MISC. NON-CRIMINAL 1 7 Assists (0) (6) Traffic (1) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2015 through September 2016 were: three thefts from auto, one open door, one suspicious vehicle, one theft, one suspicious activity, one damage to property and one alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #12. STAFF REPORT NO. 215 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for E l Tejaban Mexican Restaurant, L LC d/b/a El Tejaban Mexican Grill, 6519 Nicollet Avenue South. E X E C UT IV E S UM M ARY: On October 30, 2017, the C ity rec eived the applic ation and other required doc uments for the renewal of On- Sale I ntoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for El Tejaban Mexican Restaurant, LLC d/b/a El Tejaban Mexican Grill. All required information and doc uments have been provided. All lic ensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 O n-Sale Intoxicating and S unday Liquor licenses, with optional 2 a.m. closing, for E l Tejaban Mexican Restaurant, LL C d/b/a El Tejaban Mexican Gr ill, 6519 N icollet Avenue S outh. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 30, 2017, the City received the application and other required documents for On-Sale I ntoxicating and Sunday Liquor lic enses, with optional 2 a.m. c losing, for E l Tejaban Mexic an Grill. The applic ant has satisfied the following requirements for the issuance of a lic ense: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been provided showing Travelers C asualty I nsurance C ompany of America affording the coverage. W orkers’ compensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement covers the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 85% of the total sales, while liquor acc ounted for 15% of the total sales. Environmental health staff has received no complaints regarding E l Tejaban Mexic an Grill for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale I ntoxicating and Sunday Liquor lic enses will expire on Dec ember 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor, with optional 2 a.m. closing, establishments to c omply with all of the provisions of both C ity Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: El Tejaban representative. AT TAC H ME N TS : D escripti on Type E l Tejaban B ackground S ummery/B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR EL TEJABAN MEXICAN RESTAURANT, LLC d/b/a EL TEJABAN MEXICAN GRILL Officers: Miguel Hernandez-Cruz, Owner Rosa Zambrano, Owner Criminal History: Miguel Hernandez-Cruz has a disorderly conduct and a domestic assault from 2011. Rosa Zambrano, who also serves as the General Manager has no known criminal record. Premises: Richfield Shoppes, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were 11 Public Safety/Police contacts with El Tejaban Mexican Grill from October 2016 through September 2017. This compares with six contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth for El Tejaban Mexican Grill. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. El Tejaban Mexican Grill Directors and Officers Miguel Hernandez-Cruz Owner Rosa Zambrano Owner ------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 El Tejaban Mexican Grill 2016 2017 TOTAL CONTACTS 6 11 CRIMINAL CONTACTS 4 7 Incidents (see bottom of page for specifics) (4) (7) Alarm (0) (0) MISC. NON-CRIMINAL 2 4 Assists (1) (3) Traffic (1) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2016 through September 2017 were: two customer troubles, one harassment, one disturbance, one suspicious activity, one suspicious vehicle and one trespassing. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #13. STAFF REPORT NO. 216 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing r egarding the approval of the renewal of 2018 On-Sale Intoxicating and Sunday Liquor licenses for G M Richfield, L L C, d/b/a Four Points by Sheraton Minneapolis Airport, 7745 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On October 31, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses for GM Richfield, L L C , d/b/a Four Points by Sheraton Minneapolis Airport, 7745 Ly ndale Avenue South. All required information and documents have been provided. All lic ensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 O n-Sale Intoxicating and S unday Liquor licenses for G M R ichfield, L L C, d/b/a Four P oints by Sheraton Minneapolis Airpor t, 7745 Lyndale Avenue S outh. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 31, 2017, the City received the application and other required documents for On-Sale I ntoxicating and Sunday Liquor lic enses for Four Points by Sheraton Minneapolis Airport. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance has been rec eived showing Travelers C ommercial I nsurance affording the coverage. W orkers' compensation insuranc e has also been supplied. An ac countant's statement has been prepared and submitted. This statement c overs the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 75% of total sales, while liquor acc ounted for 25% of the total sales. Environmental health staff has received no complaints regarding Four P oints by Sheraton Minneapolis Airport for the previous y ear. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. On-Sale I ntoxic ating and Sunday Liquor licenses will expire on December 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Four Points by S heraton Minneapolis Airport representative. AT TAC H ME N TS : D escripti on Type F our P oi nts B ackground S ummary/B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR GM RICHFIELD, LLC. d/b/a FOUR POINTS BY SHERATON MINNEAPOLIS AIRPORT Officers: Shannon Gangl, President David Meyer, Vice-President Criminal History: Sharon Gangl has no known criminal record. David Meyer has no known criminal record. Adam Selby, who serves as the On Premise Manager, has no known criminal record. Premises: GM Richfield, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were 62 Public Safety/Police contacts with Four Points by Sheraton Minneapolis Airport from October 2016 through September 2017. This compares with 46 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale of alcohol to underage youth for Four Points by Sheraton Minneapolis Airport. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Four Points by Sheraton Minneapolis Airport Directors and Officers Sharon Gangl President David Meyer Vice-President --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Four Points by Sheraton Minneapolis Airport 2016 2017 TOTAL CONTACTS 46 62 CRIMINAL CONTACTS 22 28 Incidents (see bottom of page for specifics) (19) (27) Alarm (3) (1) MISC. NON-CRIMINAL 24 34 Assists (17) (30) Traffic (5) (4) Inspections/Licensing (0) (0) Medical/Fire (2) (0) The criminal contacts from October 2016 through September 2017 were: two unwanted guests, one theft from auto, one theft, two assaults, five disturbances, two recovered stolen properties, two trespasses, four suspicious vehicles, two intoxicated people, one lost property, one attempt to locate, one drug related, one misc. public, one fraud, one noise complaint and one alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #14. STAFF REPORT NO. 217 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale Intoxicating and Sunday Liquor licenses with outside service, for Thompson's Fireside Pizz a, Inc., d/b/a Fireside Foundry, 6736 Penn Avenue South. E X E C UT IV E S UM M ARY: On October 30, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses with outside service, for Thompson's Fireside Pizza, I nc ., d/b/a Fireside Foundry. All required information and documents have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 O n-Sale Intoxicating and S unday Liquor licenses with outside service, for Thompson's Fireside Pizz a, Inc., d/b/a Fir eside Foundry, 6736 Penn Avenue S outh. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 30, 2017, the City received the application and other required documents for On-Sale I ntoxicating and Sunday Liquor lic enses with outside servic e for Fireside Foundry. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance has been rec eived showing W est Bend Mutual as affording coverage. W orker's c ompensation insurance has also been supplied. An ac countant's statement has been prepared and submitted. This statement c overs the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 69% of the total sales, while liquor acc ounted for 31% of the total sales. Environmental health staff received two c omplaints regarding Fireside Foundry for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale I ntoxicating and Sunday liquor licenses will expire on December 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution No. 9511 must be met, whic h outlines the disc ipline they c an expect if any ongoing problems oc cur. A c opy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Fireside Foundry representative. AT TAC H ME N TS : D escripti on Type F iresided F oundry B ackground S ummary/B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR THOMPSON’S FIRESIDE PIZZA, INC. d/b/a FIRESIDE FOUNDRY Officers: Richard Thompson, Owner Criminal History: Richard Thompson has no known criminal record. Storm Thompson, who serves as the General Manager, has no known criminal record. Premises: Richard Thompson is the owner of the property. All payments are current. Record of Service Calls: There were 9 Public Safety/Police contacts with Fireside Foundry from October 2016 through September 2017. This compares with 5 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: Thompson’s Fireside Foundry has received no violations for the sale of alcohol to underage youth. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Fireside Foundry Directors and Officers Richard Thompson Owner -------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Fireside Foundry 2016 2017 TOTAL CONTACTS 5 9 CRIMINAL CONTACTS 2 7 Incidents (see bottom of page for specifics) (2) (7) Alarm (0) (0) MISC. NON-CRIMINAL 3 2 Assists (0) (1) Traffic (3) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2016 through September 2017 were: three noise complaints, two disturbances, one suspicious activity and one customer trouble. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #15. STAFF REPORT NO. 218 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale Intoxicating and Sunday Liquor licenses, with outside service, and with the optional 2 a.m. closing, for P izz a Luce VII, Inc., d/b/a Pizz a Luce, 800 66th Str eet W est. E X E C UT IV E S UM M ARY: On October 30, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses, with outside service, and the optional 2 a.m. closing, for Pizza Luce V I I , I nc., d/b/a Pizza Luce. A ll required information and documents have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 On-Sale Intoxicating and S unday Liquor licenses, with outside service, and the optional 2 a.m. closing, for Pizz a Luce V II, Inc., d/b/a Pizz a Luce, 800 66th Street W est. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 30, 2017, the City received the application and other required documents for On-Sale I ntoxicating and Sunday Liquor lic enses, with outside service, and with the optional 2 a.m. c losing, for Pizza Luc e. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing S tate Auto I nsurance Company affording coverage. Workers’ compensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement covers the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 82% of the total sales, while liquor acc ounted for 18% of the total sales. Environmental health staff has received no complaints regarding P izza Luc e for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale I ntoxicating and Sunday Liquor lic enses will expire on Dec ember 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses, with outside seating, and the optional 2 a.m. c losing. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Pizza Luce representative. AT TAC H ME N TS : D escripti on Type P izza L uce B ackground S ummary/B reakdown of P olice S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PIZZA LUCE VII, INC. d/b/a PIZZA LUCE Officers: Joseph Bernard Baier, Owner, President Scott Herbert Nelson, Owner, Vice President Julie Jon Haywood, Owner, CEO Laura Jayne Hansen, Owner, COO Criminal History: Joseph Baier has no known criminal record. Scott Nelson has no known criminal record. Julie Haywood has no known criminal record. Laura Hansen has no known criminal record. Michael Brundage, who serves as On-Premise Manager, has no known criminal record. Premises: JBB Properties, LLC is the owner of the property. All payments are current. Record of Service Calls: There were 49 Public Safety/Police contacts with Pizza Luce VII, Inc. from October 2016 through September 2017. This compares with 53 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale of alcohol to underage youth for Pizza Luce VII, Inc. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses, with outside seating and the optional 2 a.m. closing. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Pizza Luce Directors and Officers Joseph Bernard Baier Owner, President Scott Herbert Nelson Owner, Vice President Julie Jon Haywood Owner, CEO Laura Jayne Hansen Owner, COO ------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Pizza Luce 2016 2017 TOTAL CONTACTS 53 49 CRIMINAL CONTACTS 28 28 Incidents (see bottom of page for specifics) (14) (25) Alarm (14) (3) MISC. NON-CRIMINAL 25 21 Assists (12) (5) Traffic (12) (15) Inspections/Licensing (0) (0) Medical/Fire (1) (1) The criminal contacts from October 2016 through September 2017 were: two DWIs, one criminal sexual conduct, two damage to property, one intoxicated person, seven disturbances, one customer trouble, one terrorist threat, two suspicious vehicles, two animal complaints, one suspicious activity, two thefts, two thefts from auto, one parking complaint and three alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #16. STAFF REPORT NO. 219 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale Intoxicating and Sunday Liquor licenses, with outside service, for W iltshire Restaurants, L L C d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On October 26, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses, with outside service, for W iltshire Restaurants, LLC d/b/a Houlihan’s Restaurant & Bar. All required information and documents have been provided. All licensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 On-Sale Intoxicating and S unday Liquor licenses, with outside service, for Wiltshir e Restaurants, L L C d/b/a Houlihan’s R estaur ant & B ar, 6601 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 26, 2017, the City received the application and other required documents for On-Sale I ntoxicating and Sunday Liquor lic enses, with outside service, for Houlihan’s Restaurant & Bar. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing General C asuality Company of W isc onsin affording c overage. W orkers’ compensation insuranc e has also been supplied. An ac countant’s statement has been prepared and submitted. This statement covers the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 68% of the total sales, while liquor acc ounted for 32% of the total sales. Environmental health staff has received no complaints regarding Houlihan’s Restaurant & Bar for the previous y ear. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale I ntoxicating and Sunday Liquor lic enses will expire on Dec ember 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Houlihan's representative. AT TAC H ME N TS : D escripti on Type Houlihan's B ackground S ummary/ B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR WILTSHIRE RESTAURANTS, LLC d/b/a HOULIHAN’S RESTAURANT & BAR Officers: Paul Kirwin, President Criminal History: Paul Kirwin has no known criminal record. Lois Fillmore, who serves as the General Manager, has no known criminal record. Premises: Woodlake Partners, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were 32 Public Safety/Police contacts with Houlihan’s Restaurant & Bar from October 2016 through September 2017. This compares with 20 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Houlihan’s was July 16, 2001. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Houlihan’s Restaurant & Bar Directors and Officers Paul Smith Kirwin President --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Houlihan’s Restaurant & Bar 2016 2017 TOTAL CONTACTS 20 32 CRIMINAL CONTACTS 12 19 Incidents (see bottom of page for specifics) (11) (19) Alarm (1) (0) MISC. NON-CRIMINAL 8 13 Assists (4) (10) Traffic (1) (3) Inspections/Licensing (0) (0) Medical/Fire (3) (0) The criminal contacts from October 2016 through September 2017 were: one noise complaint, seven suspicious vehicles, four hit and runs, two intoxicated people, two unwanted guests, one attempt to locate, one customer trouble and one kid-call. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #17. STAFF REPORT NO. 220 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale Intoxicating and Sunday Liquor licenses, with outside service, for V P C R ichfield Pizza, L LC d/b/a G iordano's of Richfield, 3000 66th Street W est. E X E C UT IV E S UM M ARY: On November 2, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses, with outside service, for V P C Richfield Pizza, L L C d/b/a Giordano's of Richfield, 3000 66th Street W est. All required information and doc uments have been provided. All licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 O n- Sale Intoxicating and Sunday Liquor licenses, with outside service, for V P C Richfield Piz za, L L C d/b/a G iordano's of R ichfield, 3000 66th Street W est. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 2, 2017, the City received the application materials for the renewal of On-Sale I ntoxicating and Sunday Liquor lic enses, with outside service, for V P C Ric hfield Pizza, LLC d/b/a Giordano's of Ric hfield. The applic ant has satisfied the following requirements for issuance of a lic ense: The required license fees have been paid. Real estate taxes are c urrent. Proof of c ommercial and liquor liability insurance have been received showing Employ ers I nsurance C ompany of W ausau as affording c overage. An ac countant's statement has been prepared and submitted. This statement c overs the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 88% of the total sales, while liquor acc ounted for 12% of the total sales. Environmental staff has received no complaints regarding Giordano's of Ric hfield for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. On-Sale I ntoxic ating and Sunday Liquor licenses will expire on December 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: Lic ensing fees have been rec eived. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution No. 9511 must be met, whic h outlines the disc ipline they c an expect if any ongoing problems oc cur. A c opy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Giordano's representative. AT TAC H ME N TS : D escripti on Type Giordano's of Ri chfield B ackground S ummary/ B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR VPC RICHFIELD PIZZA, LLC d/b/a GIORDANO’S OF RICHFIELD Officers: Yorgo Koutsogiorgas – President Brent Johnson - Secretary Criminal Histories: Yorgo Koutsogiorgas has no known criminal record. Brent Johnson has no known criminal record. Ehrick Holland, who serves as the General Manager has no known criminal record. Premises: DRFC Southdale Square, LLC is the owner of the property. All payments are current. Record of Service Calls: There were eight Public Safety/Police contacts with Giordano’s of Richfield from October 2016 through September 2017. Because Giordano’s of Richfield only recently opened in 2016 there are no prior records to compare. A breakdown of these contacts is attached to this report. Violations: There are no violations for sale of alcohol to underage youth. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Giordano’s of Richfield Directors and Officers Yorgo Koutsogiorgas President Brent Johnson Secretary --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Giordano’s of Richfield 2017 TOTAL CONTACTS 8 CRIMINAL CONTACTS 4 Incidents (see bottom of page for specifics) (3) Alarm (1) MISC. NON-CRIMINAL 4 Assists (3) Traffic (1) Inspections/Licensing (0) Medical/Fire (0) The criminal contacts from October 2016 through September 2017 were: one suspicious activity, one suspicious vehicle, one DWI and one alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #18. STAFF REPORT NO. 221 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican G rill of Colorado, L LC, d/b/a Chipotle Mexican G rill, 7644 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On October 26, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for Chipotle Mexican Grill of C olorado, L L C, d/b/a Chipotle Mexic an Grill. All required information and doc uments have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. This agenda item is the first request out of seven for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Of the remaining six, if no Council member objec ts, the Council may c onduct a single public hearing for all of the lic ense approvals and may pass all of the resolutions with a single motion. I f a single/individual public hearing is c alled, the Mayor should require each speaker to identify the particular lic ense to whic h the person is speaking. Any C ounc il member may request the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 On-Sale W ine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LL C d/b/a C hipotle Mexican G rill, 7644 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 26, 2017, the City received the application materials for the renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LL C, d/b/a Chipotle Mexican Grill. T he applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing S afety National Casualty Corporation affording the c overage. W orkers’ compensation insuranc e has also been supplied. An ac countant’s statement has been prepared and submitted. This statement c overs the period for Oc tober 2016 through September 2017. The statement indicates food sales acc ounted for 99% of the total sales, while liquor accounted for 1% of the total sales. Environmental health staff has received no complaints regarding Chipotle Mexic an Grill for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor establishments to c omply with all of the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution No. 9511 must be met, which outlines the disc ipline they c an expect if any ongoing problems occ ur. A c opy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Chipotle Mexic an Grill representative. AT TAC H ME N TS : D escripti on Type C hipotle Mexican Grill B ackground S ummary/B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR CHIPOTLE MEXICAN GRILL OF COLORADO, LLC d/b/a CHIPOTLE MEXICAN GRILL Officers: Matthew Ells, President, LLC Manager - Denver, Colorado John Hartung, Vice President, LLC Manager - Boulder, Colorado Criminal History: Matthew Ells has no known criminal record. John Hartung has no known criminal record. Daniel Bloss, who serves as the On-Premise Manager has no known criminal record. Premises: Kensington Retail Center, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were 22 Public Safety/Police contacts with Chipotle Mexican Grill from October 2016 through September 2017. This compares with 11 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Chipotle Mexican Grill. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Chipotle Mexican Grill, LLC Directors and Officers Matthew Ells President, LLC Manager – Denver, Colorado Montgomery Moran Vice President, LLC Manager – Boulder, Colorado --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Chipotle Mexican Grill 2016 2017 TOTAL CONTACTS 11 22 CRIMINAL CONTACTS 8 13 Incidents (see bottom of page for specifics) (8) (8) Alarm (0) (5) MISC. NON-CRIMINAL 3 9 Assists (2) (3) Traffic (0) (5) Inspections/Licensing (0) (0) Medical/Fire (1) (1) The criminal contacts from October 2015 through September 2016 were: one theft, one animal complaint, two suspicious activities, two suspicious vehicles, one hit and run, one terrorist threat and five alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #19. STAFF REPORT NO. 222 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for Henry Thou, d/b/a Red Pepper Chinese R estaurant, 2910 66th S treet W est. E X E C UT IV E S UM M ARY: On November 1, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for Henry Thou, d/b/a Red Pepper Chinese Restaurant. All required information and doc uments have been provided. A ll licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 On-Sale W ine and 3.2 Percent Malt Liquor licenses for Henry Thou, d/b/a R ed Pepper Chinese Restaurant, 2910 66th Street W est. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 1, 2017, the City received the application and other required documents for On-Sale W ine and 3.2 Percent Malt Liquor licenses for Red Pepper Chinese Restaurant. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing S cottsdale I nsurance Company affording the c overage. W orkers’ c ompensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement covers the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 97% of the total sales, while liquor acc ounted for 3% of the total sales. Environmental health staff has received no complaints regarding Red Pepper Chinese Restaurant for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of the Resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Red Pepper representative. AT TAC H ME N TS : D escripti on Type Red P epper B ackground summary/B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR HENRY THOU d/b/a RED PEPPER CHINESE RESTAURANT Officer(s): Henry Thou, Owner Criminal History: Henry Thou has no known criminal record. Premises: DRFC Southdale Square, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were two Public Safety/Police contacts with Red Pepper Chinese Restaurant from October 2016 through September 2017. This compares with one contact for the previous year. Violations: There have been no violations for the sale of alcohol to underage youth with Red Pepper Chinese Restaurant. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distant requirements to notify neighbors of the issuance of new On- Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Red Pepper Chinese Restaurant Directors and Officers Henry Thou Owner --------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Red Pepper Chinese Restaurant 2016 2017 TOTAL CONTACTS 1 2 CRIMINAL CONTACTS 0 1 Incidents (see bottom of page for specifics) (1) (1) Alarm (0) (0) MISC. NON-CRIMINAL 0 1 Assists (0) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contact from October 2016 through September 2017 was: one harassment. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #20. STAFF REPORT NO. 223 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, L LC d/b/a Minnesota Magicians at the Richfield Ice Arena, 636 E ast 66th Street. E X E C UT IV E S UM M ARY: On October 25, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for Minnesota J unior Hockey Group, L L C d/b/a Minnesota Magic ians. All required information and doc uments have been provided. All licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for Minnesota Junior H ockey Group, LL C d/b/a Minnesota Magicians at the Richfield Ice Arena, 636 East 66th Str eet. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 25, 2017, the City received the application and other required documents for On-Sale W ine and 3.2 P erc ent Malt Liquor lic enses for Minnesota J unior Hoc key Group, LLC d/b/a Minnesota Magicians. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing I llinois Sc ottsdale I nsurance C ompany affording the c overage. W orkers' compensation insuranc e has also been supplied. Alc ohol sales at the Richfield I ce A rena fall under Minnesota 2014 Law C hapter 240, Sec tion 22, therefore, there is no requirement of a food/alc ohol sales ratio for the Minnesota Magic ians. Environmental health staff has received no complaints regarding Minnesota Magicians for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor establishments to c omply with all of the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of the Resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Minnesota Magicians representative. AT TAC H ME N TS : D escripti on Type Minnesota Magicians at the Richfield Ice A rena B ackground S ummary/B reakdown of P ubli c S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR MINNESOTA JUNIOR HOCKEY GROUP, LLC d/b/a MINNESOTA MAGICIANS RICHFIELD ICE ARENA LOCATION Officers: Scott Meyer – Owner Joe Pankratz – Owner Kevin Ingvalson – Vice President Criminal History: Scott Meyer has no known criminal record. Joe Pankratz, who also serves as the On-Premise Manager has no known criminal record. Kevin Ingvalson was convicted for a DWI in 1995. Premises: The applicants have provided a copy of the rental agreement showing The City of Richfield holding financial interest as lessor of the property. Record of Service Calls: There were 56 Public Safety/Police contacts located at the Richfield Ice Arena from October 2016 through September 2017. It is difficult to differentiate between Minnesota Magicians and the ice arena in terms of which calls belonged to whom. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale to underage youth for Minnesota Magicians located at the Richfield Ice Arena. Routine Information: On Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. MN Magicians Directors and Officers Scott Meyer Owner Joe Pankratz Owner Kevin Ingvalson Vice President --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 MN Magicians 2016 2017 TOTAL CONTACTS (47) (56) CRIMINAL CONTACTS 31 9 Incidents (see bottom of page for specifics) (27) (4) Alarm (4) (5) MISC. NON-CRIMINAL 16 47 Assists (4) (17) Traffic (11) (29) Inspections/Licensing (0) (0) Medical/Fire (1) (1) The criminal contacts from October 2016 through September 2017 were: one suspicious activity, one suspicious vehicle, one private property, one disturbance and five alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #21. STAFF REPORT NO. 224 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for P atr ick's French Bakery, Inc., d/b/a P atrick's Bakery & Cafe, 2928 66th Street W est. E X E C UT IV E S UM M ARY: On October 30, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for Patric k’s Frenc h B akery, I nc ., d/b/a Patrick’s Bakery & C afé. All required information and doc uments have been provided. A ll licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 On-Sale W ine and 3.2 Percent Malt Liquor licenses for Patrick’s French Bakery, Inc. d/b/a P atr ick’s Bakery & Café, 2928 66th Street W est. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 30, 2017, the City received the application and other required documents for On-Sale W ine and 3.2 P erc ent Malt Liquor lic enses for P atric k’s French Bakery, I nc. d/b/a P atric k’s Bakery Café. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing Ohio Sec urity I nsurance Company affording the c overage. W orkers’ c ompensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement covers the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 97% of the total sales, while liquor acc ounted for 3% of the total sales. Environmental health staff has received no complaints regarding P atric k’s Bakery & Café for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Patrick's Bakery representative. AT TAC H ME N TS : D escripti on Type P atrick's B akery & C afe B ackground S ummary/B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PATRICK’S FRENCH BAKERY, INC. d/b/a PATRICK’S BAKERY & CAFE Officers: Patrick Bernet, President Azita Bernet, Vice-President Criminal History: Patrick Bernet has no known criminal record. Azita Bernet, who also serves as the On-Premise Manager has no known criminal record. Premises: DRFC Southdale Square, LLC is the owner of the property. All payments are current. Record of Service Calls: There were two Public Safety/Police contacts with Patrick’s Bakery & Cafe from October 2016 through September 2017. This compares with three contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Patrick’s Bakery & Cafe was in June 2012. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Patrick’s Bakery & Cafe Directors and Officers Patrick Bernet President Azita Bernet Vice-President -------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Patrick’s Bakery & Cafe 2016 2017 TOTAL CONTACTS 3 2 CRIMINAL CONTACTS 2 2 Incidents (see bottom of page for specifics) (2) (2) Alarm (0) (0) MISC. NON-CRIMINAL 1 0 Assists (1) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2016 through September 2017 were: one fraud and one suspicious vehicle. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #22. STAFF REPORT NO. 225 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for D avanni's, Inc. d/b/a D avanni's Piz za and Hot Hoagies, 6345 Penn Avenue South. E X E C UT IV E S UM M ARY: On October 26, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for Davanni's, I nc ., d/b/a D avanni's Pizza and Hot Hoagies. All required information and doc uments have been received. A ll licensing fees have been paid. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for Davanni's, Inc., d/b/a D avanni's Pizz a and Hot Hoagies, 6345 Penn Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 26, 2017, the City received the application and other required documents for On-Sale W ine and 3.2 P erc ent Malt Liquor lic enses for Davanni's, I nc. d/b/a Davanni's P izza and Hot Hoagies. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been provided showing W est Bend Mutual affording the c overage. W orkers' c ompensation insuranc e has also been supplied. An ac countant's statement has been prepared and submitted. This statement c overs the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 99% of the total sales, while the liquor accounted for 1% of the total sales. Environmental health staff has received no complaints regarding Davanni's Pizza and Hot Hoagies for the previous y ear. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. T he On-Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine establishments to comply with all the provisions of both City C ode and State S tatues. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Davanni's representative. AT TAC H ME N TS : D escripti on Type D avanni 's B ackground S ummary/B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR DAVANNI’S, INC. d/b/a DAVANNI’S PIZZA AND HOT HOAGIES Officers: Robert Stupka – President Gladstone Stenson – Owner/CEO Kristina Silva – Owner Katherine Stenson – Owner Criminal History: Robert Stupka has no known criminal record. Gladstone Stenson has no known criminal record. Kristina Silva has no known criminal record. Katherine Stenson has no known criminal record. Melissa Morrissette, who serves as the General Manager, has no known criminal record. Premises: Rich D, LLC is the owner of the property. The lease between the applicant and the landlord is in effect with all payments current. Record of Service Calls: There were two Public Safety/Police contacts with Davanni’s from October 2016 through September 2017. This compares with three contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Davanni’s Pizza and Hot Hoagies was 2007. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Davanni’s Pizza and Hot Hoagies Directors and Officers Robert Stupka Owner/President Gladstone Stenson Owner/CEO Kristina Silva Owner Katherine Stenson Owner --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Davanni’s Pizza and Hot Hoagies 2016 2017 TOTAL CONTACTS 3 2 CRIMINAL CONTACTS 2 1 Incidents (see bottom of page for specifics) (2) (1) Alarm (0) (0) MISC. NON-CRIMINAL 1 1 Assists (0) (0) Traffic (1) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contact from October 2016 through September 2017 was: one credit card fraud. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #23. STAFF REPORT NO. 226 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for My B urger O perations, LL C d/b/a My B urger, 6555 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On November 2, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for My Burger Operations, L L C , d/b/a My Burger. All required information and documents have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 On-Sale W ine and 3.2 Percent Malt Liquor licenses for My Burger O perations, L L C, d/b/a My Burger, 6555 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 2, 2017, the City received the application and other required documents for On-Sale W ine and 3.2 Percent Malt Liquor licenses for My Burger. The applic ant has satisfied the following requirements for issuance of licenses: The required license fees have been paid. Real estate taxes are paid and current. Proof of c ommercial and liquor liability insurance have been received showing W est Bend Mutual as affording coverage. W orkers' c ompensation insuranc e has also been supplied. An ac countant's statement has been prepared and submitted. This statement c overs the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 98% of the total sales, while liquor acc ounted for 2% of the total sales. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor license establishments to c omply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: Lic ensing fees have been rec eived. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution No. 9511 must be met, whic h outlines the disc ipline they c an expect if any ongoing problems oc cur. A c opy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: My Burger representative. AT TAC H ME N TS : D escripti on Type My B urger B ackground S ummary/B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR MY BURGER OPERATIONS, LLC d/b/a MY BURGER Officers: John Lawrence Abdo – President Paul Melvin Abdo – Vice President Criminal Histories: John Abdo, who also serves as the On-Premise Manager, has no known criminal record. Paul Abdo has no known criminal record. Premises: Lyndale Station, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were eight Public Safety/Police contacts with My Burger from October 2016 through September 2017. This compares with 10 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There was one violation for sale of alcohol to underage youth in March of 2016. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Directors and Officers John Lawrence Abdo President Paul Melvin Abdo Vice President ------------------------------------------------------------------------------------------------------------------------ PUBLIC SAFETY CONTACTS October 2016 through September 2017 My Burger 2016 2017 TOTAL CONTACTS 10 8 CRIMINAL CONTACTS 8 5 Incidents (see bottom of page for specifics) (4) (3) Alarm (4) (2) MISC. NON-CRIMINAL 2 3 Assists (1) (0) Traffic (0) (2) Inspections/Licensing (1) (0) Medical/Fire (0) (1) The criminal contacts from October 2016 through September 2017 were: one theft from auto, two disturbances and two alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #24. STAFF REPORT NO. 227 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant, L LC d/b/a Joy's Pattaya Thai Restaurant, 7545 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On October 30, 2017, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for J oy ’s Pattaya Thai Restaurant, LLC d/b/a J oy ’s Pattay a Thai Restaurant. All required information and documents have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 On-Sale W ine and 3.2 Percent Malt Liquor licenses for Joy’s P attaya Thai Restaurant, LL C d/b/a Joy’s Pattaya Thai Restaurant, 7545 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 30, 2017, the City received the application and other required documents for On-Sale W ine and 3.2 P erc ent Malt Liquor lic enses for J oy ’s Pattay a Thai Restaurant. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing Travelers C asualty I nsurance C ompany of America affording the coverage. W orkers’ compensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement covers the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 97% of the total sales, while liquor acc ounted for 3% of the total sales. Environmental health staff received three complaints regarding J oy ’s Pattay a Thai Restaurant for the previous y ear. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of the Resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: J oy's Pattaya Thai Restaurant representative. AT TAC H ME N TS : D escripti on Type J oy's P attaya B ackground S ummary/ B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR JOY’S PATTAYA THAI RESTAURANT, LLC d/b/a JOY’S PATTAYA THAI RESTAURANT Officers: Dale Mueller, Owner Joy Mueller, Owner Criminal History: Dale Mueller has no known criminal record. Joy Mueller, who also serves as the On-Premise Manager, has no known criminal record. Premises: Donald Johnson of JSB Corporation, Bloomington, Minnesota, is the owner of the property. The current lease with the applicants is in effect with all payments current. Record of Service Calls: There was one Public Safety/Police contact with Joy’s Pattaya Thai Restaurant from October 2016 through September 2017. This compares with two contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Joy’s Pattaya Thai Restaurant. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Joy’s Pattaya Thai Restaurant Directors and Officers Dale Mueller Owner Joy Mueller Owner -------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Joy’s Pattaya Thai Restaurant 2016 2017 TOTAL CONTACTS 2 1 CRIMINAL CONTACTS 0 1 Incidents (see bottom of page for specifics) (0) (1) Alarm (0) (0) MISC. NON-CRIMINAL 2 0 Assists (1) (0) Traffic (1) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contact from October 2016 through September 2017 was: one fraud. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #25. STAFF REPORT NO. 228 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of 2018 Club O n-Sale Intoxicating and Sunday Liquor licenses for Fred B abcock V.F.W. P ost No. 5555 d/b/a Four Nickels Food and Drink, 6715 Lakeshore D rive. E X E C UT IV E S UM M ARY: On October 27, 2017, the C ity rec eived the applic ation materials for the renewal of C lub On-Sale and Sunday Liquor licenses, for Fred Babc ock V.F.W . P ost No. 5555 d/b/a Four Nic kels Food and Drink. All required information and doc uments have been provided. All licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. This agenda item is the first request out of two for the renewal of Club On-Sale and Sunday Liquor lic enses. Of the remaining one, if no Council member objects, the Council may conduc t a single public hearing for the lic ense approvals and may pass both of the resolutions with a single motion. I f a single/individual public hearing is called, the Mayor should require eac h speaker to identify the partic ular lic ense to which the person is speaking. Any Council member may request the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 C lub On-Sale and Sunday Liquor licenses for Fred Babcock V.F.W . Post N o. 5555 d/b/a Four N ickels Food and Drink, 6715 Lakeshor e Dr ive. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 27, 2017, the City received the application and other required documents for Club On-Sale and Sunday Liquor lic enses for Fred Babcock V.F.W . Post No. 5555 d/b/a Four Nic kels Food and Drink. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing I ntegrity Mutual I nsurance Co. affording coverage. W orkers’ compensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement covers the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 50% of the total sales, while liquor acc ounted for 50% of the total sales. Due to the fact they are a club/veterans organization, they are exempt from meeting the code requirement that states, "more than 50% of business ac tivities must be related to the servic e of food". Environmental health staff has received no complaints regarding Fred B abcock V.F.W . Post No. 5555 d/b/a Four Nic kels Food and D rink for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The Club On-S ale and Sunday Liquor licenses will expire on Dec ember 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of C lub On-Sale and Sunday Liquor establishments to c omply with all of the provisions of both City C ode and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A c opy of the Resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean that the current applicants would not be able to obtain Club On-S ale and Sunday Liquor licenses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: V.F.W . representative. AT TAC H ME N TS : D escripti on Type V F W B ackground S ummary/B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FRED BABCOCK V.F.W. POST NO. 5555 d/b/a FOUR NICKELS FOOD AND DRINK Officers: Deborah Vangel, Commander David Dahlquist, Sr. Commander John Barnes, Quarter Master Criminal History: Deborah Vangel has no known criminal record. David Dahlquist has no known criminal record. John Barnes has no known criminal record. Patricia Lobert, who serves as the General Manager has no known criminal record. Premises: Gramercy Park Cooperative at Lake Shore Drive is the owner of the property. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were 12 Public Safety/Police contacts with Four Nickels Food & Drink from October 2016 through September 2017. This compares with eight contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Four Nickels Food & Drink was April 3, 2008. Routine Information: Club On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of Club On-Sale and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Four Nickels Food and Drink Directors and Officers Deborah Vangel Commander David Dahlquist Sr. Commander John Barnes Quarter Master --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Four Nickels Food and Drink 2016 2017 TOTAL CONTACTS 8 12 CRIMINAL CONTACTS 5 8 Incidents (see bottom of page for specifics) (4) (8) Alarm (1) (0) MISC. NON-CRIMINAL 3 4 Assists (1) (3) Traffic (2) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts from October 2016 through September 2017 were: two hit and runs, one suspicious activity, one intoxicating person, one theft, one auto theft and two disturbances. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #26. STAFF REPORT NO. 229 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing for the consideration of the r enewal of the 2018 Club On-Sale and Sunday Liquor licenses for Minneapolis-R ichfield American Legion Post No. 435, 6501 P ortland Avenue South. E X E C UT IV E S UM M ARY: On November 1, 2017, the C ity rec eived the applic ation materials for the renewal of C lub On-Sale and Sunday Liquor licenses for Minneapolis-Richfield A merican Legion Post No. 435, 6501 Portland Avenue South. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 C lub On-Sale and Sunday Liquor licenses for the Minneapolis-Richfield American Legion Post N o. 435, 6501 Portland Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 1, 2017, the City received the application materials for the renewal of Club On-Sale and Sunday Liquor lic enses for Minneapolis-Ric hfield Americ an Legion Post No. 435. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing I ntegrity Mutual I nsurance Co. affording coverage. W orkers’ c ompensation insurance has also been supplied. An ac countant's statement has been prepared and submitted. This statement c overs the period from Oc tober 2016 through September 2017, and indic ates food sales acc ounted for 28%, while liquor acc ounted for 72% of the total sales. Due to the fac t they are a c lub/veterans organization, they are exempt from meeting the c ode requirement that states, "more than 50% of business activities must be related to the servic e of food". Environmental health staff received two c omplaints regarding the Minneapolis-Ric hfield American Legion for the previous y ear. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The Club On-S ale and Sunday Liquor licenses will expire on Dec ember 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of C lub On-Sale and Sunday Liquor establishments to c omply with all of the provisions of both City C ode and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution No. 9511 must be met, whic h outlines the disc ipline expec ted if any ongoing problems oc cur. A copy of the Resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain Club On-S ale and Sunday Liquor licenses. Schedule the hearing for another date. However, this may delay the lic ensing proc ess. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: American Legion representative AT TAC H ME N TS : D escripti on Type Mpls-Richfield A merican L egion S ummary/B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST No. 435 Officers: Thomas Hendrickson, Commander Robert Newcomb, Finance Officer Criminal History: Thomas Hendrickson has no known criminal record. Robert Newcomb has a DWI conviction from 2014. Richard Hervieux, who serves as the General Manager has no known criminal record. Premises: MPLS Richfield Post 435 is the owner of the property. Record of Service Calls: There were 48 Public Safety/Police contacts with Minneapolis-Richfield American Legion Post 435 from October 2016 through September 2017. This compares with 21 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Minneapolis-Richfield American Legion was March 19, 2010. Routine Information: Club On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on Club On-Sale and Sunday Liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Minneapolis-Richfield American Legion Post No. 435 Directors and Officers Thomas Eckhoff Commander Robert Newcomb Finance Officer --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Minneapolis-Richfield American Legion Post No. 435 2016 2017 TOTAL CONTACTS 21 48 CRIMINAL CONTACTS 11 23 Incidents (see bottom of page for specifics) (10) (15) Alarm (1) (8) MISC. NON-CRIMINAL 10 25 Assists (5) 12 Traffic (4) 9 Inspections/Licensing (0) (0) Medical/Fire (1) 4 The criminal contacts from October 2016 through September 2017 were: one burglary, two damage to property, one auto theft, two disturbances, one kid call, one hit and run, three intoxicated people, two fireworks complaints, one terroristic threat, one theft and eight alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #27. STAFF REPORT NO. 230 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/22/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public Hearing for the consideration of the renewal of 2018 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. 7529 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On October 31, 2017, the C ity rec eived the applic ation materials for the renewal of Pawnbroker and Sec ondhand Goods Dealer lic enses for Metro Pawn & Gun, I nc . 7529 Lyndale Avenue South. All required information and doc uments have been provided. A ll licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. This agenda item is the only request for the renewal of Pawnbroker and Secondhand Goods D ealer lic enses. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2018 Pawnbroker and Secondhand Goods D ealer licenses for Metro P awn & G un, Inc. 7529 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 31, 2017, the City received the applic ation and other required doc uments for Pawnbroker and Secondhand Goods D ealer licenses for Metro Pawn & Gun, I nc. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. The $5,000 bond has been submitted. Environmental health staff has received no complaints regarding Metro Pawn & Gun in the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested lic enses. The Pawnbroker and Sec ondhand Goods Dealer lic enses will expire on D ec ember 31, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Sections 1186 and 1187 require owners of Pawnbroker and Sec ondhand Goods Dealer establishments to c omply with all of the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : There are no legal issues. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain Pawnbroker and Sec ondhand Goods Dealer lic enses. Schedule the hearing for another date. However, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Metro Pawn & Gun, I nc . representative. AT TAC H ME N TS : D escripti on Type Metro P awn & Gun, Inc B ackground S ummary/ B reakdown of P ublic S afety contacts C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR METRO PAWN & GUN, INC. Officers: Mark Nichols, Owner Elizabeth Nichols, Owner Criminal History: Mark Nichols has no known criminal record. Elizabeth Nichols has no known criminal record. John Kunst, who serves as the On-Premise Manager, has no known criminal record. Premises: Lynrich Properties, LLC is the owner of the property. All payments are current. Record of Service Calls: There were 10 Public Safety/Police contacts with Metro Pawn & Gun, Inc. from October 2016 through September 2017. This compares with seven contacts for the previous year. A breakdown of these contacts is attached to this report. Routine Information: The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. The Notice of Public Hearing was published in the Richfield Sun Current on November 30, 2017. Metro Pawn & Gun, Inc. Directors and Officers Mark Nichols Owner Elizabeth Nichols Owner --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2016 through September 2017 Metro Pawn & Gun, Inc. 2016 2017 TOTAL CONTACTS 7 10 CRIMINAL CONTACTS 5 4 Incidents (see bottom of page for specifics) (5) (3) Alarm (0) (1) MISC. NON-CRIMINAL 2 6 Assists (0) (2) Traffic (1) (4) Inspections/Licensing (0) (0) Medical/Fire (1) (0) The criminal contacts from October 2016 through September 2017 were: one credit card fraud, two suspicious vehicles and one alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #28. STAFF REPORT NO. 231 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: Melissa P oehlman, A sst. C ommunity D evelopment D irector D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 12/4/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consideration of the appr oval of a transitory ordinance vacating a portion of 67th Street East right-of-way and a storm sewer easement within The Chamber lain development. E X E C UT IV E S UM M ARY: The City Counc il approved plans for The Chamberlain project (approximately 283 new apartments, 33 renovated apartments, and a 2-bloc k extension of Richfield Parkway) on September 26, 2017. A condition of this approval is the platting of land within the development area. As part of the plat review process, the city considers whether or not existing easements should remain in plac e or be vacated; two segments of 67th Street and a storm sewer easement were identified for vac ation. One segment of the 67th Street right-of-way in question was largely removed in 2007 and construction of The Chamberlain projec t will eliminate any potential for reopening this c onnection from 17th to 18th Avenue. The other segment of 67th Street was constructed as a temporary connec tion between 18th Avenue, south of the roundabout and Cedar Avenue. This area is beneath a proposed building. A new 67th Street connec tion, between the Vinocopia property (6636 Cedar Ave) and the development will be constructed as part of the project. Finally, there is an existing storm sewer that will be removed as part of the projec t; the easement over this area should also be vacated. Easements for all new roads and utilities shall be incorporated into the plat. RE C O M M E ND E D AC T IO N: Conduct and close a public hearing and by motion: Approve a second reading a transitory ordinance vacating a portion of 67th Street East right-of-way and a storm sewer easement within The Chamberlain development area. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT See Exec utive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The C ounc il may by ordinance vacate a street, alley, public grounds or a part thereof, on its own motion or upon the petition of the owners of half of the land abutting the street, alley, public grounds or part thereof, to be vacated. The Housing and Redevelopment A uthority is the owner of more than 50% of the land abutting the right-of-way and considered a petition requesting the vacation on November 20, 2017. Kraus-A nderson and Richfield Apartments L L C c omprise more than 50% of the land abutting the storm sewer easement and have petitioned for its vac ation. No vacation may be made unless it appears to be in the interest of the public to do so. Easements for identified utilities and drainage must be dedicated in the plat. C.C R IT IC AL T IMIN G ISSU E S: A first reading of the ordinance was approved on November 28, 2017. This vacation shall be c ontingent upon approval and recording of the final plat. D.F IN AN C IAL IMPAC T: N/A E.L E GAL C ON S ID E R AT ION : Notic e of the public hearing was published in the Sun Current newspaper, as required. The C ity Attorney's office has reviewed the proposed vacation. ALT E R N AT IV E R E C O MME N D AT IO N(S): Reject the ordinanc e with a finding that the vacation would not be in the public interest. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: I nland Development Partners Representative(s) AT TAC H ME N TS : D escripti on Type Ordinance Ordinance 67th S treet Vacations E xhibit S torm S ewer E asement A rea E xhibit S ite P lan wi th Vacation A reas Identified E xhibit 511599v1 SJS RC145-174 BILL NO. TRANSITORY ORDINANCE NO. _______ AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described lands are subject to the easements as described below for public street right-of-way and storm sewer purposes: That part of 67th Street East as dedicated on the plat of WEXLER'S ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies westerly of a line drawn from the southeast corner of Lot 8, Block 2 to the northeast corner of Lot 1, Block 3 and lies easterly of a line drawn from the southwest corner of Lot 8, Block 2 to the northwest corner of Lot 1, Block 3, all in said WEXLER'S ADDITION. (“Street Easement #1”) AND That part of 67th Street East that approximately lies on Lots 1, 2, 15 and 16, Block 4, WEXLER’S ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota lying westerly of the west right of way line of Cedar Avenue and lying easterly of the east right of way line of 18th Avenue South, as shown on said WEXLER’S ADDITION. (“Street Easement #2”) AND A permanent easement for the construction, operation, maintenance, and repair of a storm sewer under and across the easterly twenty (20) feet of Lots 15 and 16, Block 4, WEXLER’S ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. (the “Storm Easement”) Sec. 2: Street Easement #1 and Street Easement #2 are not required for access to the abutting properties. Sec. 3: The following public facilities are located in Street Easement #1: water and storm sewer. 511599v1 SJS RC145-174 Sec. 4: The following facilities are reported to be located in the Street Easement #1: electric, cable, and telephone/internet. The City has notified the service providers for electric, cable, and telephone/internet of the proposed vacation. Sec. 5: Electric, cable, and telephone/internet services will be relocated by the developer as part of the project which consists of platting and developing the underlying property as WEXLER’S SECOND ADDITION (the “Project”). Sec. 6: The Council finds that there is not a public need for Street Easement #1 or Street Easement #2. Sec. 7: The storm sewer and sanitary sewer lines within the Storm Easement shall be removed by the developer as part of the Project. Sec. 8: The City of Richfield held the first reading of this Ordinance on November 28, 2017 and second reading on December 12, 2017. Legal notice was published in the City’s official newspaper as required by ordinance. Sec. 9: Street Easement #1, Street Easement #2, and the Storm Easement are vacated conditioned upon the approval by the City Council and recording of the plat for WEXLER’S SECOND ADDITION. Sec. 10: The vacation of Street Easement #1, Street Easement #2, and the Storm Easement are effective immediately following 30 days after publication of this Ordinance, provided that the final plat for WEXLER’S SECOND ADDITION has been recorded. Sec. 11: The City Clerk is directed to prepare a certificate of completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate. Passed by the City Council of the City of Richfield, Minnesota this _________, 2017. ________________________________ Pat Elliott, Mayor ATTEST: ________________________________ Elizabeth VanHoose, City Clerk Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #29. STAFF REPORT NO. 232 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: Melissa P oehlman, A sst. C ommunity D evelopment D irector D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 11/20/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consideration of the appr oval of a resolution granting approval of the preliminary and final plat of the W exler's Second Addition (for The C hamberlain project). E X E C UT IV E S UM M ARY: The City Counc il approved plans for The Chamberlain project (approximately 283 new apartments, 33 renovated apartments, and a 2-bloc k extension of Richfield Parkway) on September 26, 2017. The proposed plat of W exler's Second Addition will c ombine a number of single-family lots and adjacent vacated right-of- way into two legal parc els on which the three new buildings and three existing buildings will be located. The proposed plat has been reviewed by the C ity's Engineering Department and the C ity Attorney's Office. I n conjunction with platting, the City will move forward to vac ate a small portion of 67th Street that lies entirely within the boundaries of the development and a storm sewer easement that will no longer be necessary. RE C O M M E ND E D AC T IO N: Conduct and close a public hearing and by motion: Approve a resolution granting approval of the final plat of W exler 's S econd Addition. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT None B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): All plats or subdivisions of land in the City must be approved by C ounc il resolution pursuant to the provisions of Minnesota State Statutes 462.357. C.C R IT IC AL T IMIN G ISSU E S: Per S tate Statute, the City has 120 days from the date of submittal of a complete application to issue a dec ision regarding plat unless the applic ant agrees to an extension. The final plat application was received by the City on Oc tober 4, 2017. The C ity Council must render a dec ision by February 1, 2018. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : Notic e of this public hearing was published in the Sun Current. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Representative(s) of I nland Development Partners LLC AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter P lat E xhibit RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF PRELMINARY AND FINAL PLATS FOR WEXLER’S SECOND ADDITION WHEREAS, Inland Development Partners LLC has requested approval of preliminary and final plat that combines properties legally described in the attached Exhibit A. WHEREAS, Inland Development Partners LLC has secured purchase agreement and/or consent of the fee owners of the land to make this application; and WHEREAS, the proposed subdivision is to be known as WEXLER’S SECOND ADDITION; and WHEREAS, a public hearing was held on the proposed preliminary and final plat of WEXLER’S SECOND ADDITION on Tuesday, November 14, 2017 at which all interested persons were given the opportunity to be heard; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed preliminary and final plats of WEXLER’S SECOND ADDITION satisfy the requirements of the City’s subdivision ordinances. 2. Approval of the preliminary and final plats of WEXLER’S SECOND ADDITION are granted with the following conditions: a. Satisfaction (subject to City Attorney approval) of all items identified in the City Attorney’s plat opinion letter dated October 26, 2017. b. Compliance with any other applicable requirements of the Richfield City Code. c. The Applicant must submit two mylar copies of the plat for signature by the City. d. The Applicant must file the final plat with the Hennepin County Recorder or Registrar of Titles within 60 days of the approval of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk EXHIBIT A LEGAL DESCRIPTION Lot 16, Block 2 and Lot 1 and Lot 2, Block 3 all in WEXLER’S ADDITION. TOGETHER WITH Lots 3 through 15, inclusive, Block 2; Lots 3 through 8, inclusive, Block 3; Lots 1 through 16, inclusive, Block 4, all in WEXLER’S ADDITION. TOGETHER WITH That part of 67th Street East as dedicated on the plat of WEXLER' ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies westerly of a line drawn from the southeast corner of Lot 8, Block 2 to the northeast corner of Lot 1, Block 3 and lies easterly of a line drawn from the southwest corner of Lot 8, Block 2 to the northwest corner of Lot 1, Block 3, all in said WEXLER' ADDITION. TOGETHER WITH That part of vacated south half of 67th Street East as dedicated on the plat of WEXLER’ ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies westerly of a line drawn from the southeast corner of Lot 5, Block 1 to the northeast corner of Lot 1, Block 4 and lies easterly of a line drawn from the southwest corner of Lot 6, Block 1 to the northwest corner of Lot 1, Block 4, all in said WEXLER’S ADDITION. TOGETHER WITH That part of the West 17.00 feet of vacated Cedar Avenue as dedicated on the plat of WEXLER’ ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which abuts said vacated south half of 67th Street East. AGENDA SECTION:RESOLUTIONS AGENDA ITEM #30. STAFF REPORT NO. 233 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: C hris Regi s, F inance Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of resolutions approving the 2017 Revised/2018 Proposed budget and tax levy and related resolutions. E X E C UT IV E S UM M ARY: On September 12, 2017, the City Council approved and c ertified a preliminary tax levy of $20,399,828 and an Ec onomic D evelopment Authority (E D A) levy of $560,467 to Hennepin County. At the September 12, 2017 meeting, staff presented these levies as two separate levies. However, per state statues, the E D A levy is part of the City’s levy, and it is inc luded on the City’s tax rate, not on the special taxing district tax rate. Therefore, subsequent to that meeting, the City has refined its 2018 proposed budget and tax levy to include the E D A levy in the City’s general tax levy. I n light of the fac t that the E D A levy is included in the City ’s general tax levy and in order to mitigate the impac t this has on the levy, staff is recommending an inc rease of $335,000 in budgeted Local Government Aid revenues, whic h in essenc e reduc es the overall levy. Acc ordingly, with the additional local government aid included in the levy calc ulations, staff is now presenting to the City Counc il a gross tax levy of $20,621,911, whic h inc ludes a levy for general fund operations of $15,995,394, a debt service levy of $2,910,328, a tax abatement levy of $370,722, an equipment levy of $785,000, and an E D A levy of $560,467. The gross levy, whic h now includes the E D A levy, now represents a 6.11% increase from the 2017 gross levy. The final tax levy of $20,621,911 must now be considered and approved by the C ity Council. Taxpayers have rec eived individual parcel specific tax notices in antic ipation of the truth-in-taxation hearing. The City of Richfield c onducted and closed its 2017 truth-in-taxation hearing on December 5, 2017. During the c ourse of the public hearing, there was an opportunity for testimony from the general public . I nformation was also presented by staff regarding the proposed levy and budget. No official City C ounc il ac tion to act on the levy was permissible on the day of the public hearing. I nc luded for your consideration are salary inc reases for non-represented employee pay plans. The proposed inc reases are 3.00% for the Management, General S ervices, and the Specialized pay plans. The increases are effective the first full pay period of J anuary 2018. RE C O M M E ND E D AC T IO N: By motion: Approve the resolutions approving the 2017 R evised/2018 Pr oposed budget and tax levy and related resolutions. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT N/A B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): A revised 2017 budget and final 2018 budget and tax levy must be adopted on or before December 29, 2017. Cities then have five working days after December 20 or no later than D ec ember 29 to prepare all the doc umentation necessary to certify a final levy to the County A uditor and State Department of Revenue. A proposed 2018 tax levy has been submitted to the City Council for consideration. Several related resolutions included within the total budget document need to be considered. These related resolutions are itemized in the attac hment section of this staff report. C.C R IT IC AL T IMIN G ISSU E S: None D.F IN AN C IAL IMPAC T: The proposed gross tax levy for 2018 is $20,621,911, whic h includes an E D A levy of $560,467. The gross tax levy for 2018 reflects a 6.11% inc rease from the previous year ’s gross levy. The C ity’s tax c apac ity rate will inc rease from 56.8488% in 2017 to 57.388% in 2018. 3.00% wage increase for Management, General Services, Specialized pay plan employ ees effective J anuary 2018. E.L E GAL C ON S ID E R AT ION : A truth-in-taxation public hearing for the 2018 proposed budget and tax levy was conduc ted on December 5, 2017. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council c ould adopt a final 2018 budget and tax levy in any amount, whic h does not exceed the levy of $20,621,911. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type Resolution adopting a proposed budget and tax levy for the year 2018.Resolution L etter Resolution authorizing budget revisions.Resolution L etter Resolution authorizing revision of 2017 budget of various departments.Resolution L etter Resolution authorizing adjustment to C ity’s mileage reimbursement rate to conform to Internal Revenue S ervice statutory mileage reimbursement rate. Resolution L etter Resolution adopting the 2018 C apital Improvement B udget.Resolution L etter Resolution adopting the 2019-2022 C apital Improvement P rogram.Resolution L etter Resolution relati ng to purchasing practices in the C ity of Richfield. Resolution L etter Resolution establishing wastewater service rates and charges, water rates and charges, special water service charges, storm sewer rates and charges, street light rates and charges, and 6.5% penalty on past due accounts. Resolution L etter Resolution establishing a P ublic Works On-C all compensation policy.Resolution L etter Resolution establishing 2018 license, permit and miscellaneous fees pursuant to the provisions of appendix D of the ordi nance code of the C ity of Richfield. Resolution L etter Resolution approving the C ar A llowance poli cy.Resolution L etter Resolution relati ng to the 2018 General S ervices S alary C ompensati on P lan.Resolution L etter Resolution relati ng to the 2018 Management S alary C ompensati on P lan.Resolution L etter Resolution relati ng to the 2018 S pecialized P ay P lan.Resolution L etter RESOLUTION NO. RESOLUTION ADOPTING A BUDGET AND TAX LEVY FOR THE YEAR 2018 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 29, 2017 and then recertified before December 29, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 2018 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive $ 902,290 Administrative Services 1,466,170 Public Safety 9,067,810 Fire Services 4,274,500 Community Development 1,426,480 Public Works 4,074,100 Recreation Services 1,943,660 Transfers Out 195,000 TOTAL GENERAL FUND $23,350,010 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 2018 which are more fully detailed in the City Manager’s official copy of the 2018 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $23,350,010 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2017, payable in 2018 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund1 $15,995,3942 Equipment 785,000 Economic Development Authority 560,467 Debt Service 2,910,328 Cedar Point Tax Abatement 370,722 1 Provision has been made in the General Fund for the payment of the City’s contributory share to Public Employees’ Retirement Association. 2 General Fund Levy includes all fiscal disparities distribution amounts. 4. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2012A, will be reduced from $140,081 to $127,701 due to the use surplus bond proceeds from the issue. 5. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2015A will be reduced from $629,534 to $280,501 due to the utilization of gas and electric franchise fees. 6. The budget for the Housing and Redevelopment Authority of Richfield for the year 2018 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2017, payable in 2018 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $571,905 7. A certified copy of this resolution shall be transmitted to the County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2017 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 11302 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2017; and WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority to transfer unencumbered appropriation balances from one department to another within the same fund at the request of the City Manager; and WHEREAS, The City Manager has requested a revision of the 2017 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2018 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2017 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative/Executive $ 867,640 Administrative Services 1,441,510 Public Safety 8,562,100 Fire Services 4,150,030 Community Development 1,393,060 Public Works 3,968,540 Recreation Services 1,882,790 Transfer Out 175,000 TOTAL GENERAL FUND $22,440,670 DECREASE $ 293,200 2. Estimated 2017 gross revenue of the City of Richfield from all sources, as the same are more fully detailed in the City Manager’s official copy of the proposed 2018 budget, are hereby revised as follows: DECREASE $293,200 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December 2017. Pat Elliott, Mayor ATTEST: ________________________ Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING ADJUSTMENT TO CITY’S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE WHEREAS, the Internal Revenue Service periodically adjusts the business mileage reimbursement rate; and WHEREAS, the City of Richfield’s present mileage reimbursement is in conformance with the Internal Revenue Service business mileage reimbursement rate; and NOW , THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota: 1. That the City Manager of Richfield is hereby authorized and directed to adjust the City’s mileage reimbursement rate to be in conformance with Internal Revenue Service guidelines. 2. That the City’s mileage reimbursement rate is not to exceed the Internal Revenue Service guidelines. Approved by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. ______________________ Pat Elliott, Mayor ATTEST ___________________________ Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ADOPTING THE 2018 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget for 2018 has been prepared and submitted for review by the City Council in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2018 Capital Improvement Budget in the sum total of $13,060,000 is hereby approved as amended and adopted with full recognition of the fact that the cost estimates are approximate and are subject to final cost estimates and that all awards of contracts for these projects are subject to necessary hearings and must be approved by the City Council in accordance with established laws and practices governing such action, and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ADOPTING THE 2019-2022 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program 2019-2022 has been prepared for review by the Planning Commission in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2019-2022 Capital Improvement Program is hereby approved and adopted subject to annual review and revision; BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 11308 WHEREAS, the City Manager of the City of Richfield has purchasing authority pursuant to the City Charter and Administrative Ordinance Code; and WHEREAS, the City Charter and Administrative Ordinance Code expressly state a purchasing authority limit for the City Manager, and WHEREAS, all purchases in excess of $100,000 will require approval by City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: That the City Manager of the City of Richfield is hereby granted the authority to enter into contracts or approve purchases on behalf of the City of Richfield up to, but not to exceed $100,000. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, STREET LIGHT RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: SANITARY SEWER SERVICE RATES AND CHARGES FOR 2018 1. Pursuant to the provisions of Section 705.0 of the Ordinance Code of the City of Richfield, the rates and charges for use and service of the sanitary sewer system are hereby established to be those set forth in the following paragraphs of this resolution which rescinds Resolution No. 11309: 2. Where the rate is not based upon the metered use of water, the following quarterly flat charges are established effective January 1, 2018 for each billing district as defined in paragraph 3 of this resolution. A) Residential per unit 2018 $102.75 B) Commercial - For the equivalent of 10 or less persons More than 10, less than 15 More than 15, less than 20 More than 20, less than 26 $102.75 187.14 262.12 349.80 C) Institutional - For each public or private school the quarterly flat charge shall be charged whether the school is in session or not (rates being charged upon average yearly use); shall be based upon the number of students enrolled at the beginning of the quarterly billing period or the preceding period if school is not then in session; and shall be as follows: For each 100 grade school students or fraction in excess thereof For each 100 junior high school students or high School students or fraction thereof 2018 $ 107.58 158.07 D) In addition to the above flat rates there shall be a customer Charge on each invoice as determined in paragraph 4 of this resolution and a certification charge as determined in Section 705.0 of the City Ordinance Code. 3. Where the rate for sanitary sewer service is based upon the metered use of water on the premises, such rates shall be as follows: A) For all residential premises the rate shall be based on The actual use, or less of water for the preceding winter quarter, per thousand gallons with a minimum of 7,000 gallons, effective January 1, 2018, for each customer billing district and shall be as follows: 2018 $ 5.12 For the purpose of this paragraph A), the winter quarter shall be the winter quarter as specified in Subdivision 3 of said section 705.0. B) For all commercial, institutional, industrial, and other premises, the rate per thousand gallons of water effective January 1, 2018, shall be as follows: $ 5.12 C) A customer charge shall be made for each invoice rendered effective January 1, 2018 as follows: If the invoice is for water service, as well as sanitary sewer service, the customer charge, when collected, shall be allocated proportionally between the City’s water fund, sewer fund, and its storm sewer fund based on the user fees billed for by each fund. $ 10.00 D) Where the metered use of water on the premises for the preceding winter quarter was not normal, the rate may be adjusted as provided in Subdivision 3 of said Section 705.0. 4. The foregoing rates and charges are in addition to, and not in lieu of, other rates and charges established by ordinance or resolution. 5. The Metropolitan Airports Commission (MAC) will be charged a sanitary sewer rate based on the Met Council Environmental Services (MCES) rate plus 15% for Inflow/Infiltration and $1,000.00 per quarter for administration costs. WATER RATES AND CHARGES FOR 2018 1. Pursuant to the provisions of Section 715.0 of the Ordinance Code of the City of Richfield, the rates and charges for City water and water service are hereby established to be those set forth in the following paragraphs of this resolution: The charges due and payable to the City by each water customer of the City, during any quarter shall be based upon the Conservation Rate Structure. Water-Tier 1: The first tier rate is ($3.55 per thousand) charged for consumption of the first 15,000 gallons. Water-Tier 2: The second tier rate is ($4.27 per thousand) charged for consumption of 15,001 gallons but less or equal to 25,000 gallons. Water-Tier 3: The third tier rate is ($5.13 per thousand) charged for consumption in excess of 25,001 gallons. Irrigation accounts: All consumption will be charged at the ($5.13 per thousand) water-tier 3 rate. The Conservation Rate Structure applies to multi-unit and residential premises. Commercial, institutional or industrial will only be subject to the Water-tier 1 rates for domestic use, irrigation accounts will be subject to the Water-tier 3 rate. Water charges shall be payable quarterly, and all bills issued after January 1, 2018 shall be at this rate. SPECIAL WATER SERVICE CHARGES FOR 2018 1. Pursuant to the provisions of Section 715.0 of the Ordinance Code of the City of Richfield, the rates and charges for special customer services are hereby established to be those set forth in the following paragraphs of this resolution: 2. The charge for establishing a new customer account shall be $15.00 per account. 3. The charge for installation of meters shall be $50.00 per installation. 4. The charge to flush and maintain fire hydrants located on privately owned property within the City shall be $50.00 per hydrant per year plus any required parts. 5. The charge to thaw and service water pipes on customer property shall be actual cost to the City plus thirty percent. 6. The charge for any other services not covered by the above shall be based on actual hourly cost to the City plus thirty percent. 7. The MN lab fee will is $6.36. STORM SEWER RATES AND CHARGES FOR 2018 1. Pursuant to the provisions of Section 720.0 of the Ordinance Code of the City of Richfield, the rates and charges for City storm sewer service are hereby established to be those set forth in the following paragraphs of this resolution: 2. The rates and charges for the use and availability of the system are determined through the use of a “Residential Equivalent Factor” (REF). One REF is defined as the ratio of the average volume of surface runoff coming from one acre of land and subjected to a particular use, to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the City during a standard one year rainfall event. The REF’s for the following land uses within the City and the billing classifications for such land uses are as follows: LAND USES REF CLASSIFICATION Cemeteries .25 1 Parks and railroads .75 2 Two-family residential 1.00 3 Single-family residential 1.00 4 Public and private schools and institutional uses 1.25 5 Multiple-family residential uses and churches 3.00 6 Commercial, industrial, and Warehouse uses 5.00 7 3. The basic system quarterly rate for storm sewer service is $88.90 per acre of land. $17.78 is the quarterly rate for a single-family residence, which is considered to have an acreage of one-fifth acre. The charge made against each parcel of land is then determined by multiplying the REF for the parcel’s land use classification times the parcel’s acreage times the basic system rate. STREET LIGHT RATES AND CHARGES FOR 2018 1. Pursuant to the provisions of Minnesota State Statutes, Section 429.101and Section 825 of the Ordinance Code of the City of Richfield, the rates and charges for City street light service are hereby established to be those set forth in the following paragraphs of this resolution: 2. The street light fee for residential single family property is $5.77 per quarter. 3. Rates for other land uses will be determined by land use types based on the following table: STREET LIGHT LAND USES: COM All commercial properties, to include multifamily residents (apartments) and industrial parcels. RES All residentially coded parcels. PUB Public buildings, i.e. City Hall, City Garage, and Fire Stations CHURCH All Churches also to include cemeteries and activity buildings associated with a Church SCH All schools, to include private and public schools. PRK All parks owned by the City of Richfield, also to include Nature Centers and all “properties” located within city park parcels DPLX Addresses that split a residential lot, to include townhomes, 3 -plexes, and 4- plexes. LAND USE CODE MULTIPLIER To Bill FACTOR COM (acres>0.2) if acres≤0.2 5* ---- (5 x ACREAGE) 1 RES ---- 1 PUB (acres>0.2) if acres ≤0.2 5 ---- (5 x ACREAGE) 1 CHURCH (acres>0.2) if acres ≤0.8 if acres ≤0.2 1.25** ---- ---- (1.25 x ACREAGE) 1 1 SCH (acres>0.2) if acres ≤0.8 if acres ≤0.2 1.25 ---- ---- (1.25 x ACREAGE) 1 1 PRK 1.25 (1.25 x ACREAGE) DPLX ---- 0.5 4. The multiplier of “5” is based on the definition that a residential lot is 1/5 of an acre; hence multiplying acreage by 5 produces the equivalent number of residential lots. 5. The multiplier of “1.25” ” is based on the definition that a residential lot is 1/5 of an acre and multiplying acreage by 5 produces the equivalent number of residential lots. However, the total area of each parcel is not proportional to the number of street lights in an equivalent residential area so the factor of 5 is reduced by 75%, pr oducing 1.25. 6.5% PENALTY ON PAST DUE ACCOUNTS 1. Customers will have twenty eight (28) days to pay their water, sanitary sewer, storm sewer, and street light quarterly bills from the date of the mailing by the City. Any unpaid amount will be added to the next quarterly bill along with a 6.5% penalty on the delinquent amount. 2. The penalty charge when billed on past due accounts shall be allocated proportionally between the City’s water fund, sewer fund, and storm sewer fund based on the user fees billed for each fund. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING A PUBLIC WORKS ON-CALL COMPENSATION POLICY WHEREAS, the City Council has determined to provide Public Works Superintendent/Managers/Supervisors compensation for being on-call for possible Public Works emergencies; and WHEREAS, the good judgment of a Public Works Superintendent/Managers/ Supervisors is needed to provide quality response to Public Works emergencies such as water main breaks, street light knock downs, and sewer main back ups; and WHEREAS, the City Council finds it necessary to establish a policy to provide such employees with on-call compensation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following On-call Compensation Policy: Public Works Superintendents/Managers/Supervisors who remain on-call by carrying the emergency cell phone (or similar device) for a period of one week will be compensated at a rate established annually as part of the budget preparation process, beginning with $120 a month in 2018. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December 2017. ___________________________________ Pat Elliott, Mayor ATTEST: __________________________________ Elizabeth VanHoose, City Clerk Page 1 RESOLUTION NO. RESOLUTION ESTABLISHING 2018 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 11311 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Section 1. - Establishing Fees. A. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be as stated in the sections of this resolution. B. A period of no less than 30 days will be allowed for the remittance of City Business license renewal fees contained in Sections 5, 6, 7, 8 and 9 of this resolution. C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 5, 6, 7, 8 and 9 of the resolution if not received by the City on or before December 31st of each year. The 10% surcharge will be based upon the cost of the license. D. Nothing in this section shall be deemed to require the City to issue or renew any license for which the fee has not been paid in a timely manner. Section 2. - Construction and Related License Fees. Type of Permit or License Section Requiring Description Fee (1) Heating and Ventilating Installer 400.07 1 Year $ 80.00 (2) Sign Installer 416.01—416.13 1 Year $ 80.00 (3) Electrical Installer 400.03—400.09 State License Required (4) Plumber 400.03—400.09 State License Required (5) Well Driller 620 State License Required Section 3. - Public Works Fees. Type of Permit or License Section Requiring Description Fee (1) Benches 805.01— 805.27 First Year $ 80.00 Page 2 Renewal $ 30.00 (2) Boulevard feature Permit 811.07 a) Application to place a privately owned feature in the boulevard $ 30.00 b) If applied for after installation of feature has begun $ 60.00 (3) Excavation in Public Right of way 800.01— 800.15 a) For each transverse excavation and each 100 feet or portion thereof longitudinal excavation and for each 100 feet of curb and gutter or portion thereof installed or driveway apron installed, except when survey and grade stakes are set by City $ 125.00 b) If applied for after excavation has begun $ 250.00 c) For each pothole $ 20.00 (4) Pole Attachment /Small Cell Facilities Permit 802 a) Application to attach, collocate, or construct pole or pole attachment on City facilities in the City Right-of-way $1,500/unit a) Annual rental fee per attachment to collocate on the city structure, per agreement Up to $150/unit a) Annual maintenance fee associated with the collocation, per agreement Up to $25/unit Monthly Electrical Fees a) Radio node less than or equal to 100 maximum watts b) Radio node over 100 maximum watts c) The actual cost of electricity $73.00/node $182.00/node (5) Forestry Permit 810 Applies only to trees on City property and public ROW $ 50.00 (6) Seasonal Load Limit a) Per load $ 25.00 Page 3 Exemption b) If applied for after delivery $ 50.00 (7) Obstruction Permit 802.17 (a) Short term, temporary single lane closure of less than four hours No fee (b) Lane closures longer than four hours' duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial Day (per block or portion thereof) $ 60.00 Full Closure (per block or portion thereof) $ 300.00 Collector Day (per block or portion thereof) $ 30.00 Full Closure (per block or portion thereof) $ 75.00 Local/Residential Day (per block or portion thereof) $ 15.00 Full Closure (per block or portion thereof) $ 45.00 Sidewalk/Bike Lanes Day $ 30.00 If applied for after obstruction closure has begun (c) Short term, temporary single lane closure less than four hours No fee (d) Lane closures longer than four hours' duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Page 4 Arterial Day (per block or portion thereof) $ 120.00 Full Closure (per block or portion thereof) $ 300.00 Collector Day (per block or portion thereof) $ 60.00 Full Closure (per block or portion thereof) $ 150.00 Local/Residential Day (per block or portion thereof) $ 30.00 Full Closure (per block or portion thereof) $ 90.00 Sidewalk Day $ 60.00 If the closures are not removed by the permitted completion date, then additional Days will be charged at double the rate (8) Noise Ordinance Exemption 930.35 (a) With conditions added as required $ 50.00 (b) If applied for after violation $ 100.00 (9) Certification Charge 705.03— 705.21 All delinquent accounts $ 50.00 (10) NSF Check Charge $ 30.00 (11) Utility Services Page 5 Sanitary Sewer 700.05 All land uses New Service $ 125.00 Repair $ 125.00 Disconnect $ 125.00 Replacement $ 125.00 Sewer Service Line Televising $ 75.00 Water Service 715.01 All land uses $ 125.00 New Service $ 125.00 Repair $ 125.00 Disconnect $ 125.00 Replacement Turn on/off $ 50.00 Meter Installation $ 50.00 Private Hydrant $ 50.00 Storm Sewer 720 All land uses New Service $ 125.00 Repair $ 125.00 Disconnect $ 125.00 Replacement $ 125.00 Page 6 (12) Street Light Banners 855.05 First time applicant to hang street light banners within a district of for an event. $ 50.00 Per street light banner installation (no existing hardware) $ 20.00 Per street light banner installation if supporting hardware exists on the light pole. $ 10.00 Per street light banner removal $ 10.00 Permit Renewal: Annually for both decorative and event banners, unless banner design has changed, then full application fee is charged. If annual renewal is not completed, the permittee risks removal of all banners at the permittee's expense. $ 10.00 Section 4. - Fire Services Fees. Type of Permit or License Section Requiring Description Fee (1) Fire Prevention Code 400.21— 400.29 For initial fee required under code Per Year $ 70.00 For each additional fee required under code $ 15.00 Penalty If not renewed within 2 months of notification Per Year $ 50.00 (2) Daycare/Adult Foster Care Facility Inspection $ 50.00 (3) Reimbursement Fee for Fire/Rescue Unit Per Hour $ 350.00 (4) Sale of Consumer 1131 (a) License per location selling only $ 350.00 Page 7 Fireworks consumer fireworks Per Year (b) License per location of each other retail seller Per Year $ 100.00 Section 5. - Amusement and Recreation Licenses and Permits. Type of Permit or License Section Requiring Description Fee (1) Arcade 1105 1 Year $ 559.00 (2) Amusement Device 1100.01 (a) Mechanical Amusement Device (Pinball) 1 Year $ 15.00 (b) Mechanical Music Box 1 Year $ 15.00 (c) Video Games 1 Year $ 15.00 (3) Lawful Gambling 1100.13 Bingo, Tipboard, Paddle Wheel, Raffle, Pull Tabs State Fee (4) Itinerant Place of Amusement 1100.05— 1100.11 1 Day $ 301.00 (5) Public Dance 1110.03 For each day dances are held: 1 month: $ $3.00 $ 48.00 No fee for locations holding tavern licenses. (6) General Amusement 1100.03 (a) Billiard, Pool or Pigeonhole table (each) 1 Year $ 15.00 Page 8 1. Coin operated 1 Year $ 15.00 (b) Bowling Alley (per lane) 1 Year $ 46.00 (c) Circus 1 Year $ 202.00 (d) Dance Hall 1 Day $ 202.00 (e) Golf 1. Miniature 1 Year $ 47.00 2. Driving Tee 1 Year $ 47.00 (f) Mountback 1 Day $ 193.00 (g) Rides, mechanical/animal of any kind (ea) 1 Year $ 15.00 (h) Shows, any kind 1 Day $ 193.00 (i) Shuffleboard (each lane) 1 Year $ 16.00 (j) Other games 1 Day $ 15.00 (7) Musical Concert 1110.01 Per event $ 48.00 (8) Theatre Cinema 1120 1 Year $ 235.00 Plus a notice publication fee $ 7.00 (9) Roller Rink 1115 1 Year or portion thereof $ 235.00 (10) Commercial Adult- Oriented Enterprises 605 1 Year $ 2,792.00 Page 9 Investigation fee 1 Year $ 2,792.00 (11) Masseur/Masseuse 605 Certificate fee 1 Year $ 94.00 Investigation fee 1 Year $ 235.00 (12) Public Baths 610 1 Year $ 3,234.00 Investigation fee (actual cost minimum) $ 3,234.00 (13) Fortune Teller and related trade 1130.05— 1130.07 1 Day 1 Week 1 Month 1 Year $ 187.00 $ 557.00 $ 1,114.00 $ 1,682.00 (14) Adult Establishments 1196 Annual license 1 Year $ 2,792.00 Investigation fee (new license) $ 2,792.00 Section 6. - Animal Licenses and Permits. Type of Permit or License Section Requiring Description Fee (1) Animals 905.01— 905.29 (a) Animals (Spayed or Neutered) with option to purchase a multi-year license 1 Year $ 15.00 (b) Animals (Not Spayed or Neutered) 1 Year $ 25.00 (c) Duplicate Animal License $ 7.00 (d) Late Penalty $ 10.00 905.31— 905.33 (e) Commercial Kennel 1 Year $ 217.00 (f) Residential Kennel 1 Year $ 100.00 Page 10 (g) Veterinary $ 217.00 905.37— 905.39 (h) Pigeons 1 Year $ 43.00 905.41 (i) Non-domestic Animals (Temporary Permit) $ 30.00 905.01— 905.29 (j) Impounding (each animal) 1st time $ 64.00 2nd Time $ 127.00 3rd time (each impound after) $ 191.00 (k) Dangerous dog registration fee State Statute 347.51) $ 500.00 906.13 (I) Beekeeping Registration fee $ 30.00 Section 7. - Vehicle and Transportation License and Permit Fees. Type of Permit or License Section Requiring Description Fee (1) Aircraft 1340 1 Day $ 54.00 (2) Garbage and Refuse Collection 601.01— 601.33 Commercial and Residential First vehicle 1 Year $ 279.00 Each additional vehicle 1 Year $ 59.00 (3) Motor Vehicle Dealer 1155 Per place of business 1 Year $ 417.00 Each additional place of business 1 Year $ 158.00 (4) Motor Bicycle 1160 Per place of business 1 Year $ 242.00 Page 11 Business Per place of business to sell, rent or lease 1 Year $ 111.00 (5) Sound Truck 1165 Per vehicle 1 Year $ 242.00 Per vehicle 1 Day $ 37.00 (6) Taxicab 1170 First vehicle or auto livery 1 Year $ 604.00 Each additional vehicle or auto livery operated at any time within license period 1 Year $ 75.00 (7) Taxicab Driver 1175 1 Year $ 56.00 (8) Rental or Utility Trailers and Trucks 1185 Each place of business 1 Year $ 111.00 Section 8. - Commercial Business and Trade Licenses and Permits. Type of Permit or License Section Requiring Description Fee (1) Firearms Dealer 920.01— 920.05 1 Year $ 1,862.00 (2) Food Establishments 617 (A) Type I Establishment, a large 1 year high-risk food establishment serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per day (1) Food service or retail food establishment $ 836.00 (2) School, kindergarten through grade 12 $ 614.00 Page 12 (3) Daycare Center or Preschool $ 614.00 (B) Type II Establishment, a small high-risk food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day (1) Food service or retail food establishment $ 717.00 (2) School, kindergarten through grade 12 $ 478.00 (3) Daycare Center or Preschool $ 478.00 (C) Type III Establishment, a medium risk food establishment serving mainly non- potentially hazardous foods and potentially hazardous foods prepared elsewhere and only heated or held cold onsite; or serving or retailing foods such as pizza carryout or delivery, requiring handling followed by heat treatment (1) Food service or retail food establishment $ 614.00 (2) School, kindergarten through grade 12 $ 308.00 (3) Daycare Center or Preschool $ 308.00 (D) Type IV Establishment, a food establishment with minimal food handling such as preparing coffee, hot dogs, blended or mixed drinks, packaged foods customers heat onsite, continental breakfasts, unpackaged baked goods made elsewhere (1) Food service or retail food establishment $ 400.00 (2) School, kindergarten through grade 12 $ 185.00 Page 13 (3) Daycare Center or Preschool $ 185.00 (E) Type V Establishment, a food establishment with non-potentially hazardous food or food products sold in the original packaging (1) Food service or retail food establishment $ 246.00 (2) School, kindergarten through grade 12 $ 153.00 (3) Daycare Center or Preschool $ 153.00 (F) Supplemental Facility (1) High Supplemental Facility (like Type I and II) $ 153.00 (2) Medium Supplemental Facility (like Type III and IV) $ 122.00 (3) Catering Supplemental Facility (for Food Catering Vehicle(s) and equipment) $ 185.00 (4) Low Supplemental Facility (like Type V) $ 91.00 (G) Temporary Food Establishment (1) Complex Temporary 1 to 3 days (like Type I and II) $ 153.00 (2) Complex Temporary 4 to 21 days (like Type I and II) $ 277.00 (3) Simple Temporary 1 to 3 days (like Type III, IV and V) $ 64.00 (4) Simple Temporary 4 to 21 days (like Type III, IV and V) $ 148.00 (5) Temporary Food Multi-Vendor $ 800.00 Page 14 (H) Farmer's Market Stand (stands not exempted from licensing in Minnesota Statue Chapter 28A) $ 185.00 (I) Vending Machines (1) Food and beverage (except items in 2) $ 20.00 (2) Nuts, gum balls, hard candy and unsorted confections $ 15.00 (3) Automobile Washing Establishment 1125 Per calendar Year or fraction thereof $ 185.00 (4) Scavenger 601.17 Each vehicle 1 Year $ 54.00 Permit fee for opening cesspool or dumping contents of each cesspool into City sewer $ 28.00 (5) Incinerator 601.29— 601.31 1 Year $ 54.00 (6) Tobacco 1146.01(MS 461.12) Retail Sale and Distribution - License issued on calendar Year (cigarette vending machines prohibited) (Bill No. 1998-19) $ 467.00 (7) Transient Merchant 1181.01— 1181.09 1 Day $ 118.00 (8) Wagon Peddler 1181 1 Year $ 280.00 (9) State hawker or Peddler license 1181 6 month/per person covered $ 70.00 (10) Canvasser or Solicitor 1181 6 month/per person covered $ 70.00 (11) Christmas Tree Sale 1130.03 1 Year $ 151.00 (12) Lodging 618 (A) Hotel/Motel $ 258.00 Page 15 Establishments (1) Each Guestroom $ 19.00 (B) Lodging House, lodging accommodation for 5 or more regular roomers, no food provided (1) Five to 25 beds $ 246.00 (2) 26 or more beds, each bed $ 11.00 (C) Small Boarding House, food and lodging accommodations for 5 to 10 regular boarders. Food license included. (1) Five to 10 beds $ 246.00 (D) Large Boarding House, food and lodging accommodations for 11 or more. A separate food license is required. (1) 11 to 25 beds $ 246.00 (2) 26 or more beds, each bed $ 11.00 (E) Bed and Breakfast, food license is included $ 246.00 (13) Outdoor Merchandising 1135 Permit $ 117.00 (14) Storage Enclosure 1135 Per Enclosure $ 102.00 (15) Pawnbroker 1187 (a) Pawnbroker 1 Year $ 4,853.00 (b) Owner investigation fee 1 Year (nonrefundable) $ 2,790.00 (c) Manager investigation fee 1 Year (nonrefundable) $ 1,010.00 Page 16 (d) Employee investigation fee 1 Year (nonrefundable) $ 97.00 (e) Transaction fee - per transaction $ 2.00 (16) Secondhand Goods Dealer 1186 (a) Secondhand Goods Dealer 1 Year $ 533.00 (b) Initial investigation fee (nonrefundable) actual costs in excess of above with total not exceeding $ 2,231.00 Applicant shall deposit $1,200.00 with Licensing Clerk along with application. Amount in excess of actual application costs shall be refunded. (17) Auto Detailing Establishment 1195.01 1 Year $ 415.00 (18) Tattoo, Body Piercing, Body Painting or Body Branding 630 (a) Tattoo, body piercing, body painting or body branding 1 Year $ 929.00 (b) Initial investigation fee (nonrefundable) 1 Year $ 2,790.00 (19) Temporary Tattoo, Body Piercing, Body Branding and Body painting events 630 Per booth $ 54.00 (20) Massage Therapy Enterprise License (Business license) 1188 Annual license 1 Year $ 929.00 Investigation fee (new license) $ 929.00 Massage Therapist (Individual Annual license 1 Year $ 94.00 Page 17 License) Investigation fee (new license) $ 94.00 Temporary Massage Therapist License Per temporary location $ 186.00 (21) Public Swimming Pools 619 (A) Indoor (1) First pool $ 246.00 (2) Each additional pool $ 122.00 (B) Outdoor (1) First pool $ 246.00 (2) Each additional pool $ 122.00 (C) School, K through grade 12, pools (1) First pool $ 160.00 (2) Each additional pool $ 91.00 (22) Motion pictures and commercial photography permit 1197 Per event Photography Motion picture (based on application) $ 50.00 $ 200.00 PLAN REVIEW FEE FOR FOOD, THERAPEUTIC MASSAGE AND LODGING PERCENTAGE OF FACILITY INVOLVED WILL BE DETERMINED BY STAFF Descriptions: Type I Establishment, a large high-risk food establishment serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per day. Page 18 Type II Establishment, a small high-risk food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day. Type III Establishment, a medium risk food establishment serving mainly non-potentially hazardous foods and potentially hazardous foods prepared elsewhere and only heated or held cold onsite; or serving or retailing foods such as pizza carryout or delivery, requiring handling followed by heat treatment. Type IV Establishment, a food establishment with minimal food handling such as preparing coffee, hot dogs, blended mixed drinks, packaged foods customers heat onsite, continental breakfasts, unpackaged baked goods made elsewhere. Type V Establishment, a food establishment with non-potentially hazardous food or food products sold in the original packaging. Environmental plan review—includes the physical remodeling, updating, equipment replacement, equipment additions and the general overall review of all plans/work. This also includes all new development projects. New Construction and/or Major Remodel (over 50% of facility involved) Extensive Remodel (25—50% of facility) Minor Remodel 0—24% of facility) Non-remodel approval consultation $5,000 or less in costs) Type I $2,967.00 $1,547.00 $835.00 $142.00 Type II $2,044.00 $1,119.00 $622.00 $142.00 Type III $1,119.00 $623.00 $372.00 $142.00 Type IV $549.00 $214.00 $108.00 No fee Type V New project or change of owner - $ 130.00 Minor remodel - permit but no plan check fee Therapeutic Massage $ 142.00 $ 142.00 $142.00 $142.00 Lodging $2,473.00 $1,331.00 $693.00 $142.00 Section 9. - Liquor and Related License and Permit Fees. Page 19 Type of Permit or License Section Requiring Description Fee (1) 3.2 Malt Liquor 1202.05 (a) On-Sale 1 Year $ 912.00 (b) Tavern (dance) 1 Year $ 745.00 (c) Wholesale 1 Year $ 44.00 (d) Growler (Micro Brewery Off-Sale Malt Liquor) 1 Year $ 175.00 (e) Off-Sale 1 Year $ 264.00 (f) Club (Bottle Club) 1 Year $ 603.00 (g) Temporary per event $ 67.00 (2) Liquor 1202.05 (a) On-Sale 1 Year $ 15,036.00 (b) Sunday (Fee set by state law) 1 Year $ 200.00 (c) Wine 1 Year $ 1,325.00 (d) Taproom (Micro Brew On-Sale Malt Liquor) 1 Year $ 700.00 (e) Cocktail Room (Micro Distillery On Sale) 1 Year $ 800.00 (f) Micro Distillery Off Sale 1 Year $ 600.00 (g) Veterans' Organization (Ex-Sunday) 1 Year $ 863.00 (h) Temporary per event $ 137.00 (3) Employee License On-Sale Liquor Establishments 1208.01 Effective 10/1/95 all licenses issued shall be valid for a period of two years from the date of initial application $ 37.00 Page 20 (4) Investigation Fee 1202.01— 1202.21 (a) On-Sale liquor including Veterans' Organization $ 824.00 and Each person shown on application $ 247.00 Each additional investigation for each person not listed on original or renewal application (excluding Veteran’s Organizations) $ 247.00 1202.11 (b) Wine, Taproom, Brewpub, Distillery, and $ 824.00 Each person shown on application $ 247.00 Each additional investigation for each person not listed on original or renewal application $ 247.00 1202.11 Investigation of substitute manager $ 103.00 Section 10. - Housing Inspection and Rental License Fees. Type of Permit or License Section Requiring Description Fee (1) License for Apartment Houses and Rental Homes 405 (a) Apartment House 1 Year $ 145.00 Each unit $ 15.00 (b) Rental Home - single family dwelling 1 Year $ 145.00 (c) Duplexes/double bungalows/townhouses First unit 1 Year $ 145.00 Each additional rental unit 1 Year $ 85.00 Page 21 (d) Late Fee—To be charged each month the license is late 10% of the annual license fee, with a minimum monthly fee of $50.00 and a maximum monthly fee of $500.00, charged each month the fee is late (e) License Transfer Fee $ 50.00 (f) Reinstatement of suspended license 100% of license fee (minimum $80.00) (g) Reinstatement of Revoked license 200% of license fee (h) Re-Inspection Fee 1. multi-family $80.00 for each building with 4 to 11 units $100.00 for each building with 12 or more units 2. single family & duplex $50.00 ea. (Inspection over standard 2 inspections) Reinspection fees shall be payable at the time of license renewal and no renewal license shall be issued unless all inspection fees are paid (i) Provisional license for apartment house Includes first unit $ 290.00 Each additional unit $ 30.00 Provisional license for Rental Home—single family dwelling 1 Year $ 290.00 Provisional license for duplex $ 290.00 Page 22 First unit Each additional unit $ 170.00 (j) Investigation fee for operating a rental property without a license $ 500.00 (2) Certificate of Housing maintenance Compliance 405.26 Single family home (includes one reinspection) $ 150.00 2-family home (includes one reinspection) $ 230.00 Condominium (includes one reinspection) $ 100.00 Reinspection Fee $ 50.00 Fee to process cash escrow agreement $ 50.00 Fee to process Agreement to Comply $ 50.00 (3) Permit Fee for Rooming House 405.15-16 1 Year $ 170.00 Section 11. - Miscellaneous Fees. Type of Permit or License Section Requiring Description Fee (1) Permit to reside 1190 In motel for more than six Months $ 17.00 (2) Permit to Carry a Gun Permit Issued By County (3) False Alarms (billable) (a) in excess of 2 for calendar Year $ 100.00 Page 23 (b) in excess of 10 for calendar Year $ 200.00 (c) in excess of 20 for calendar Year $ 300.00 (4) Nuisance Conduct Fee 925 Third call to a property for nuisance conduct within a 365-day period $ 250.00 (5) Copying Services Provided Flat rate (per page) $ .25 Special rate (a) Black & White Photocopy rate 8.5 x 11 (per side) $ .25 8.5 x 14 (per side) $ .25 MN Statute 13.03C 11 x 17 (each) $ .50 24 x 36 (each) $ 2.50 X-large $ 2.50 Color Photocopy rate 8.5 x 11 (per side) $ 1.00 8.5 x 14 (per side) $ 2.00 11 x 17 (each) $ 4.00 24 x 36 (each) $ 18.00 X-large $ 3.00/ sq. ft. (b) Labor hourly wage Page 24 & 33% (c) Postage prevailing rate (d) Fax per page $ .50 (e) CD of meeting (per CD) $ 5.00 (f) DVD of meeting (per DVD) $ 15.00 (g) Electronic copies (CD or disk) $ 5.00 (h) As builts (per image) $ .50 (6) Notary Fee Fee Set By State (7) Candidate Filing Fee City Charter 4.04 $ 25.00 (8) Photo Fee Includes 2 photos $ 16.00 including tax (9) Assessing Fees Special Abatement for Filing Homestead $ 25.00 Special Assessment Searches - One free property identification number (PID) search per Day - if more than one search per Day (per search) $ 3.00 Special Assessment Search Report - per PID $ 15.00 Creation of New or Special Report - Fees to be based on time and materials to create Page 25 report - Minimum Fee $ 25.00 Review of Comparable Property Records Residential Field Card Report $ .25 - for up to five comparable properties (per copy) Commercial/Industrial/Apartment Field Card Report (per copy) $ 2.00 Certified Card Report $ 3.00 (10) Domestic Partnership 120 Registration $ 30.00 (11) Certified copy of various documents To certify documents i.e. resolutions, ordinances, minutes, registration forms, etc. on file (per copy) $ 5.00 (12) Vacant Building Registration Fee 925 Single Family Home or Duplex - Vacant less than one Year $ 100.00 Single Family Home or Duplex - Vacant one Year or longer $ 200.00 Any other type of property of less than 20,000 square feet in building size AND less than 1 acres of lot size - Vacant less than one Year $ 500.00 Any other type of property of less than 20,000 square feet in building size AND less than 1 acres of lot size - Vacant one Year or longer $ 1,000.00 Any other type of property larger than 20,000 square feet in building size OR more than 1 acres of lot size - Vacant less than one Year $ 1,250.00 Page 26 Any other type of property larger than 20,000 square feet in building size OR more than 1 acres of lot size - Vacant one year or longer $ 2,500.00 Section 12. - Room and Park Shelter Rental Fees. LOCATION DESCRIPTION FEE CLASSIFICATION FEE Richfield Municipal Center Bartholomew Room Civic and non-profit groups and governmental agencies $ 75.00/Hr (2-hour minimum) Resident groups $ 100.00/Hr (2-hour minimum) Non-Resident and other groups $500.00/4-hour block Richfield Municipal Center Heredia Room Civic and non-profit groups and governmental agencies $ 65.00/Hr (2-hour minimum) Resident groups $ 80.00/Hr (2-hour minimum) Non-Resident and other groups $400.00/4-hour block Richfield Municipal Center Fred Babcock Room Civic and non-profit groups and governmental agencies $ 65.00/Hr (2-hour minimum) Resident groups $ 80.00/Hr (2-hour minimum) Richfield Community Center Augsburg Room Fireside Room Nicollet Room Ruth Johnson Room Non-Profit Resident Private $ 36.00/Hr $ 46.00/Hr Page 27 Non-Resident: Private $ 52.00/Hr Combined Nicollet/Augsburg or Richfield Room Non-Profit Resident: Private Non-Resident: Private $ 62.00/Hr $ 74.00/Hr $ 84.00/Hr Kitchen All Renters $ 30.00/booking Free with combined Nicollet/Augsburg room rental Wood Lake Nature Center Auditorium Non-Profit Resident: Private Non-Resident: Private $ 36.00/Hr $ 46.00/Hr $ 52.00/Hr Park Buildings (depending on availability) Augsburg, Christian, Donaldson (East), Jefferson, Madison, Taft, Washington Park Buildings Resident Non-Resident $ 24.18/Hr $ 28.83/Hr Park Shelters Wood Lake Nature Center - Emily Day Pavilion $ 74.40/4-hour block Fairwood, Monroe, Augsburg Park Shelters $ 37.20/4-hour block Sheridan Park Shelter $ 74.40/4-hour block Veterans Park Shelter Monday – Thursday Day: 4-Hour Block (Includes Tax) Evening: 3-Hour Block (Includes Tax) 1 Section: $116.25 2 Sections: $186.00 3 Sections: $251.10 1 Section: $88.35 2 Sections: $144.15 3 Sections: $190.65 Page 28 Veterans Park Shelter Weekend Day: 4-Hour Block (Includes Tax) Evening: 3-Hour Block (Includes Tax) 1 Section: $120.90 2 Sections: $190.65 3 Sections: $255.75 1 Section: $93.00 2 Sections: $148.80 3 Sections: $195.30 Athletic Fields Premium Baseball Fields Donaldson, Roosevelt Resident Non-Resident $ 42.00/hr $ 52.00/hr Premium Softball Fields Lincoln, Taft Resident Non-Resident $ 23.00/hr $ 115.00/day (first 8 hrs) $ 33.00/hr $ 165.00/day (first 8 hrs) General Baseball/Softball Fields All other Resident Non-Resident $ 17.00/hr $ 85.00/day (first 8 hrs) $ 33.00/hr $ 165.00/day (first 8 hrs) Soccer/Football Fields Christian, Donaldson, Taft, Washington Resident Non-Resident $ 49.00/hr $ 72.00/hr Broomball/Hockey Rink All broomball/hockey rinks Resident Non-Resident $ 15.00/hr $ 20.00/hr Tennis Courts All parks Resident Non-Resident $ 5.00/court/hr $ 6.00/court/hr Open Space All parks Resident Non-Resident $ 15.00/hr $ 20.00/hr Page 29 Athletic Facility Light Use Softball, Baseball, Soccer, Football, Hockey, Tennis All renters $ 27.00/hr Passed by the City Council of the City of Richfield this 12th day of December, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. _____ RESOLUTION RESTABLISHING A CAR ALLOWANCE REIMBURSEMENT POLICY WHEREAS, the City Council has determined not to provide certain positions with a City vehicle for the performance of the employee’s official City duties; and WHEREAS, said employees are required to use their own personal vehicle in the performance of their official duties; and WHEREAS, such employees are responsible for the fuel, maintenance, insurance and all other expenses required for the upkeep of their personal vehicles; and WHEREAS, the City Council finds it necessary to establish a policy to provide such employees with a car allowance reimbursement; and WHEREAS, the car allowance is an estimated amount intended to reimburse such employees for the reasonable expenses that they will incur in the performance of their official duties; and WHEREAS, the car allowance reimbursement represents the City’s full obligation and responsibility regarding the provision of automobile transportation to such employees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following car allowance reimbursement schedule at the amount of $225 per month: Community Development Director Public Works Director Recreation Director Liquor Operations Director Superintendents Chief Building Official Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December 2017. _____________________________ Pat Elliott, Mayor ATTEST: _________________________ Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION RELATING TO THE 2018 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for General Services employees from time-to-time, and WHEREAS, the City administration has prepared a 2018 pay plan for position classifications for General Services employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2018 the following pay plan, which is to be effective the first full pay period of January 2018, and subject to all applicable provisions of the personnel policy and City Code: Effective the first full pay period of January 2018 STEP 1 2 3 4 5 6 RANGE GS1 YR 39,166.40 41,329.60 43,576.00 46,176.00 47,548.80 MO 3,263.87 3,444.13 3,631.33 3,848.00 3,962.40 BW 1,506.40 1,589.60 1,676.00 1,776.00 1,828.80 HR 18.83 19.87 20.95 22.20 22.86 GS2 YR 42,785.60 44,865.60 47,132.80 49,545.60 52,041.60 MO 3,565.47 3,738.80 3,927.73 4,128.80 4,336.80 BW 1,645.60 1,725.60 1,812.80 1,905.60 2,001.60 HR 20.57 21.57 22.66 23.82 25.02 GS3 YR 45,281.60 47,652.80 50,232.00 52,707.20 55,390.40 58,552.00 MO 3,773.47 3,971.07 4,186.00 4,392.27 4,615.87 4,879.33 BW 1,741.60 1,832.80 1,932.00 2,027.20 2,130.40 2,252.00 HR 21.77 22.91 24.15 25.34 26.63 28.15 GS4 YR 49,608.00 52,041.60 54,704.00 57,470.40 60,299.20 63,481.60 MO 4,134.00 4,336.80 4,558.67 4,789.20 5,024.93 5,290.13 BW 1,908.00 2,001.60 2,104.00 2,210.40 2,319.20 2,441.60 HR 23.85 25.02 26.30 27.63 28.99 30.52 GS4SNE YR 53,331.20 55,910.40 58,760.00 61,734.40 64,854.40 68,099.20 MO 4,444.27 4,659.20 4,896.67 5,144.53 5,404.53 5,674.93 BW 2,051.20 2,150.40 2,260.00 2,374.40 2,494.40 2,619.20 HR 25.64 26.88 28.25 29.68 31.18 32.74 GS5 YR 54,704.00 57,470.40 60,299.20 63,481.60 66,622.40 69,992.00 MO 4,558.67 4,789.20 5,024.93 5,290.13 5,551.87 5,832.67 BW 2,104.00 2,210.40 2,319.20 2,441.60 2,562.40 2,692.00 HR 26.30 27.63 28.99 30.52 32.03 33.65 GS5E YR 58,760.00 61,734.40 64,812.80 68,099.20 71,510.40 78,561.60 MO 4,896.67 5,144.53 5,401.07 5,674.93 5,959.20 6,546.80 BW 2,260.00 2,374.40 2,492.80 2,619.20 2,750.40 3,021.60 HR 28.25 29.68 31.16 32.74 34.38 37.77 GS6 YR 60,299.20 63,481.60 66,622.40 69,992.00 73,569.60 81,099.20 MO 5,024.93 5,290.13 5,551.87 5,832.67 6,130.80 6,758.27 BW 2,319.20 2,441.60 2,562.40 2,692.00 2,829.60 3,119.20 HR 28.99 30.52 32.03 33.65 35.37 38.99 GS6E YR 64,812.80 68,099.20 71,531.20 75,150.40 78,936.00 87,172.80 MO 5,401.07 5,674.93 5,960.93 6,262.53 6,578.00 7,264.40 BW 2,492.80 2,619.20 2,751.20 2,890.40 3,036.00 3,352.80 HR 31.16 32.74 34.39 36.13 37.95 41.91 a. Step 1 - Start b. Step 2 - One year from anniversary date. If an employee successfully passes probationary period. c. Step 3 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 3 until performance is rated Meets Expectations or higher. d. Step 4 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 4 until performance is rated Meets Expectations or higher. e. Step 5 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 5. f. Step 6 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 6. Employees whose competency level and/or performance are rated Below Expectations may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota this 12th day of December 2017. Pat Elliott Mayor ATTEST: Elizabeth VanHoose City Clerk (Revised 12-2017) GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS 1 Office Assistant Non-Exempt Customer Service Representative Non-Exempt 2 Community Development Technician Non-Exempt Community Service Officer Non-Exempt Custodian Non-Exempt Lead Liquor Clerk Non-Exempt Licensing Clerk Non-Exempt Police Cadet Non-Exempt Senior Office Assistant Non-Exempt 3 Accounting Clerk Non-Exempt Assistant Planner Non-Exempt Environmental Health Specialist Non-Exempt Facility Operations Assistant Non-Exempt Lead Licensing Clerk Non-Exempt Secretary (Closed as of 1-1-16) Non-Exempt Utility Billing Clerk Non-Exempt 4 Administrative Assistant Non-Exempt Assessment Clerk Non-Exempt Associate Planner Non-Exempt Deputy City Clerk Non-Exempt Forester Non-Exempt Information Technologies Help Desk Technician Non-Exempt Records Technician Non-Exempt Water Resources/GIS Specialist Non-Exempt 4SNE Administrative Assistant (Closed as of 1-1-12) Non-Exempt 5 Code Compliance Officer Non-Exempt GIS Analyst/IT Technician Non-Exempt Housing Specialist Part-time Non-Exempt Information Technologies Technician Non-Exempt Recreation Supervisor Part-time Non-Exempt 5E Administrative Aide/Analyst Exempt Crime Prevention Specialist Exempt Executive Aide/Analyst Exempt Media Coordinator Exempt Multifamily Housing Program Coordinator Exempt Naturalist Exempt Payroll Accountant Exempt Records Supervisor Exempt Recreation Supervisor Exempt 6 Civil Engineer Non-Exempt Project Civil Engineer Non-Exempt Trade/Building Inspector or Trade/Electrical Inspector Non-Exempt 6E Accountant Exempt Community Development Accountant Exempt Network Administrator Exempt RESOLUTION NO. RESOLUTION RELATING TO THE 2018 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for Management employees from time-to-time; and WHEREAS, the City administration has prepared a 2018 pay plan for position classifications for Management employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2018 the following pay plan, which is to be effective the first full pay period of January 2018, and subject to all applicable provisions of the personnel policy and City Code: MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M-L YR 63,814.40 72,883.20 81,868.80 MO 5,317.87 6,073.60 6,822.40 BW 2,454.40 2,803.20 3,148.80 HR 30.68 35.04 39.36 M-1 YR 71,531.20 81,785.60 91,956.80 MO 5,960.93 6,815.47 7,663.07 BW 2,751.20 3,145.60 3,536.80 HR 34.39 39.32 44.21 M-2 YR 83,054.40 94,931.20 106,808.00 MO 6,921.20 7,910.93 8,900.67 BW 3,194.40 3,651.20 4,108.00 HR 39.93 45.64 51.35 M-3 YR 90,521.60 103,480.00 116,355.20 MO 7,543.47 8,623.33 9,696.27 BW 3,481.60 3,980.00 4,475.20 HR 43.52 49.75 55.94 M-4L YR 90,521.60 103,480.00 116,355.20 MO 7,543.47 8,623.33 9,696.27 BW 3,481.60 3,980.00 4,475.20 HR 43.52 49.75 55.94 M-4 YR 99,840.00 114,004.80 128,252.80 MO 8,320.00 9,500.40 10,687.73 BW 3,840.00 4,384.80 4,932.80 HR 48.00 54.81 61.66 M-5A YR 107,806.40 122,512.00 137,654.40 MO 8,983.87 10,209.33 11,471.20 BW 4,146.40 4,712.00 5,294.40 HR 51.83 58.90 66.18 M-5B YR 111,508.80 127,400.00 143,374.40 MO 9,292.40 10,616.67 11,947.87 BW 4,288.80 4,900.00 5,514.40 HR 53.61 61.25 68.93 Normal Progression Through Management Compensation Plan The Range Adjustment shall be applied to Management employees who have achieved at least a Meets Expectations performance evaluation during the preceding year. Employees who have received a Below Expectations performance evaluation are eligible for ½ of the following year’s range adjustment. The Range Adjustment is effective January 1, 2018. Individual Merit adjustments will normally be made effective on an employee’s anniversary date and will vary in size, depending on the individual’s performance rating and current position in the salary range in line with the following criteria. PERFORMANCE POSITION IN SALARY RANGE RATING UNDER 95% MIDPOINT 95-105% OF MIDPOINT OVER 105% OF MIDPOINT Outstanding 3.5 to 5% 1.6 to 4% 1 to 2% Above Average 1.6 to 3.5% .5 to 1.5% .5 to 1% Satisfactory .5 to 1.5% No Merit Increase No Merit Increase Needs Improvement No Merit Increase. Requires mandatory 6-month evaluation. Not Satisfactory No future increases until performance improves to at least Satisfactory. Performance and employee status subject to mandatory review every 3 months. Passed by the City Council of the City of Richfield, Minnesota this 12th day of December 2017. Pat Elliott Mayor ATTEST: Elizabeth VanHoose City Clerk MANAGEMENT POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS M-L Liquor Store Manager Exempt M-1 Assistant HR Manager Exempt City Clerk Exempt Engineer Exempt Facility/Program Manager Exempt Housing Manager Exempt Operations Supervisor Exempt Support Services Supervisor Exempt Utilities Supervisor Exempt M-2 Chief Building Official Exempt Operations Manager Exempt (Parks/Fleet, Gov’t Buildings) Transportation Engineer Exempt M-3 Assistant Fire Chief Exempt City Engineer Exempt Planning & Redevelopment Manager/Asst CD Director Exempt Information Technologies Manager Exempt Operations Superintendent Exempt Utilities Superintendent Exempt M-4L Liquor Operations Director Exempt M-4 Assistant City Manager/HR Manager Exempt Deputy Public Safety Director Exempt M-5A Finance Manager Exempt Fire Services Director/Fire Chief Exempt Recreation Services Director Exempt M-5B Community Development Director Exempt Public Safety Director/Police Chief Exempt Public Works Director Exempt (Rev. 12-17) RESOLUTION NO. RESOLUTION RELATING TO THE 2018 SPECIALIZED PAY PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides that the pay grades, the number of steps or range of each pay grade, the compensation rates in each pay grade and the method of normal progression through the pay grade be established by Council resolution; and WHEREAS, the City administration has prepared a 2018 pay plan for the positions for which there are no essentially similar position classification in other regular pay plans. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2018 the following pay plan which is to be effective the first full pay period of January 2018 and subject to the provisions of the personnel policy and City Code: EFFECTIVE THE FIRST FULL PAY PERIOD OF JAN 2018 SPECIALIZED PAY PLAN INTERMITTENT AND SEASONAL Pay Grade Step 1 Step 2 Step 3 Step 4 SP1-E/NE HR LEFT INTENTIONALLY BLANK SP2-E/NE HR LEFT INTENTIONALLY BLANK SP3-E/NE HR 10.03 10.58 11.09 SP4-E/NE HR 10.36 10.90 11.43 11.99 SP5-E/NE HR 11.15 11.77 12.30 12.95 SP6-E/NE HR 12.09 12.71 13.31 14.00 SP7-E/NE HR 13.04 13.70 14.37 15.08 SP8-E/NE HR 14.08 14.80 15.52 16.29 SP9-E/NE HR 15.21 16.00 16.76 17.60 SP10-E/NE HR 16.47 17.26 18.16 19.08 SP11-E/NE HR 17.71 18.65 19.57 20.53 SP12-E/NE HR 19.20 20.10 21.09 22.21 SP13-E/NE HR 20.55 21.65 22.76 23.95 Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to received increases to the next higher-grade step based on individual performance and the following progression: Step 1 - Start Step 2 – Minimum 500 hours worked per year from anniversary start date or two years from anniversary date Step 3 – Minimum 500 hours worked per year from anniversary date or two years from last increase. Step 4 – Minimum 500 hours worked per year from anniversary date or two years from last increase Passed by the City Council of the City of Richfield, Minnesota this 12th day of December 2017. Pat Elliott Mayor ATTEST: Elizabeth VanHoose City Clerk 1 2 3 E Cashier/Concession E Winter Sports Attendant 4 NE Arena Event Attendant NE Dance Coordinator NE Skate Coordinator NE Sports Event Attendant 5 NE Adaptive Leader/Specialist NE Custodian NE Inclusion Facilitator NE Intern E Lead Concession E Lifeguard E Outdoor Skating/Winter Sports Supv E Playground Leader NE Teen Leader 6 NE Building Attendant NE Liquor Sales Associate NE Receptionist 7 NE Accounting Clerk – Int. & Sub. NE NE Housing Intern Ice Resurfacer Operator NE Maintenance Worker NE Naturalist I 8 NE Adaptive Coordinator NE Farmers Market Coordinator NE Office Assistant - Int. & Substitute E Playground Coordinator E Summer Food Program Coord. NE Teen Coordinator E Tennis Coordinator 9 NE Administrative Services Clerk NE Code Enforcement Tech E Pool Supervisor NE Video Production Assistant 10 NE Engineering Aide/Intern 11 NE Motor Vehicle Licensing Clerk 12 E Pool Coordinator 13 NE Utility Billing Assistant Instructors NE Building Inspector NE Figure Skating NE Hockey (Arena) NE Sports Official NE Substitute Naturalist NE Dance E Cross Country Ski E Hockey (outside) E Tennis E WSI OTHER Instructor’s Range: $5.75 - $50 Election Judge $10.00 Election Co-Chair $12.00 Election Chairperson $13.00 NE=Non-Exempt, may work up to 40 hours per week without overtime pay. E-Exempt may work up to 48 hours per week without overtime pay. All Pool positions are exempt from overtime, even Concessions. All Playground and Outdoor Rink positions are exempt. All Community Center, Wood Lake Nature Center, Ice Arena and Maintenance positions are non-exempt. (Revised 12-17) AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #31. STAFF REPORT NO. 234 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: W Illiam F. F Illmore, L iquor Operations D irector D E PA RTM E NT D IRE C TOR RE V IE W: W Illiam F. F Illmore, L iquor Operations D irector 11/29/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval authorizing a capital improvement to upgrade the municipal liquor stor e at 6444 Penn Avenue South. E X E C UT IV E S UM M ARY: At the September 6, 2017 City C ounc il/Staff Budget Review, staff presented preliminary renderings prepared by W old Architec tural of the Penn Avenue liquor store. The City Manager has disc ussed the need to upgrade the store prior to the budget meeting. The Penn liquor store was construc ted in the late 1970's and seen no signific ant improvements in the facility for many years. Many of the mec hanic al c omponents and the roof are bey ond repairs and in need of total replac ement. The store exterior and interior are outdated as well as deteriorating parking area. Liquor management and the city building superintendent have assessed and identified the areas in need of replacement or upgrading at the Penn location. Roof Replac ement Concrete sidewalk replacement Parking area mill and overlay Exterior wall signage (new graphics) Exterior pedestal signage with dynamic sign Addition of five windows Relocation of customer entrance/exit pneumatic doors Expansion and installation of product refrigeration (beer cooler) Restroom and offic e reloc ation Point of Sale/C ustomer servic e counter relocation Removal of c arpeting and expose and polish conc rete floors Expose ceiling and HVA C system components New LE D sales floor lighting New product shelving New product display case Product demonstration/sampling counter New outdoor landscape features I n addition to the work needed on the store, the initiative to upgrade the store is related to added competition in the area and the positive consumer response to the recent upgrades at two other c ity-owned stores (6444 Ly ndale and 6600 Cedar). Both stores have experienced immediate and continued sales inc reases after the upgrades. The estimated cost of the proposed project is $1.2 million and architec tural fees of $48,000. The project would take plac e in early April with an interruption of business for approximately nine weeks. A newly refurbished store, c ompleted in late spring of 2018 would ensure strong summer sales and adequate timing to prepare for key holiday, year-end sales. As in past upgrade projects, when stores were closed for extended periods, staff marketed Richfield's other liquor store loc ations prior to c losure with maps and discounts attempting to not lose customers to competitors. RE C O M M E ND E D AC T IO N: By motion: Authoriz e a capital improvement and direct staff to proceed with upgrading the municipal liquor store at 6444 Penn Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT An upgrade to the Penn liquor store has been an ongoing goal with staff due to the age of the facility and exposure from Penn Avenue. A continuous land (site) search has been c onducted by Community Development and Liquor Operations staff with minimal suc cess. An upgrade would ensure customer interest similar to that when the Lyndale and C edar stores were remodeled. Expanded retail competition has affected all metro retail beverage outlets, an upgrade will peak beverage consumers in a new state of the art loc al beverage store. The Penn store has traditionally been a profitable store regardless of it's size and limited visibility from Penn Avenue. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): N/A C.C R IT IC AL T IMIN G ISSU E S: Staff will proceed with specifications and advertisement for bids immediately after authorization from City C ounc il. Staff would like to begin construction in early April 2018. Staff would like the store to be completed for the Memorial Day weekend. D.F IN AN C IAL IMPAC T: Staff and W old Architec tural estimate the projec t c ost of $1.2 million and design costs of $48,000. Resourc es to fund the upgrade are available within the liquor operations and other internal financing. E.L E GAL C ON S ID E R AT ION : N/A ALT E R N AT IV E R E C O MME N D AT IO N(S): Delay the dec ision to a meeting at a later date or do not approve the renovation of the Penn Avenue liquor store. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: A representative from W old Arc hitects will be invited to attend. AT TAC H ME N TS : D escripti on Type Rederings B ackup Materi al AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #32. STAFF REPORT NO. 235 CIT Y COUNCIL ME E T ING 12/12/2017 RE P O RT P RE PA RE D B Y: J esse S wenson, A sst. HR Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 12/7/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/7/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a resolution r egarding establishing a voluntary advanced resignation notice pilot pr ogram for regular full-time licensed officers and firefighter s in the Police and Fire departments with a minimum of ten (10) year s of continuous service with the C ity of Richfield. E X E C UT IV E S UM M ARY: The City is proposing to re-establish a pilot program for voluntary advanced resignations from licensed offic ers and firefighters in the Polic e and Fire departments with a minimum of ten (10) y ears of continuous service with the City of Richfield. This program was initially c reated and exec uted in 2014 as a pilot program and was successful. D ue to that suc cess, the City would like to re-establish the pilot program at this time in anticipation of upcoming vacanc ies within the two departments. This program was designed to improve the efficienc y and stability of the City 's workforce by encouraging employ ees to give the C ity advanc e notice of their intent to resign. The purpose of this program is to begin the proc ess of replacing an employee who is leaving the City as soon as possible after notice is rec eived. By offering a one-time payment to employees who provide the City with an advanc ed resignation notice, the City hopes to reduc e the time that a position remains unfilled and signific antly reduc e the c osts associated with addressing staff shortages. Currently, the proc ess of replac ing a full-time licensed offic er takes a minimum of eight weeks from the beginning of a rec ruitment to the new employee's actual start date. Once hired, new firefighters require an additional week for on-the-job training. New polic e offic ers require an additional 14 weeks of on-the-job training before becoming a viable offic er. The costs assoc iated with this lengthy hiring and training process range from $7,000 to $15,000 per new hire. I n addition, the c osts of paying overtime costs to fill the temporary vacanc y can far exc eed the hiring costs. The advanced notice should signific antly reduce such overtime expenditures. I n order to qualify for the program, the licensed offic er or firefighter will need to remain an active City employ ee, in their current job status, until the effec tive date of his/her resignation. Sinc e this is a pilot program, staff will analyze its suc cess at the end of 2019/beginning of 2020 and return to the City Counc il with a recommendation on whether it should be c ontinued. RE C O M M E ND E D AC T IO N: By motion: Approve a resolution authorizing a voluntary advanced resignation notice pilot program for regular full-time licensed officers and firefighter s in the Police and Fire depar tments with a minimum of ten (10) years continuous service with the C ity of Richfield. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT An advanc ed resignation program was piloted in 2014/15. W hile that program was suc cessful the City determined to let the program sunset until this time. During the 2014/15 pilot program there were approximately six employees who availed themselves of this opportunity to resign with advanced notice. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): There is c urrently no City voluntary advanced resignation notice program available to offer City employ ees. However, the program was in effec t with the City in 2014/15. C.C R IT IC AL T IMIN G ISSU E S: None. D.F IN AN C IAL IMPAC T: The voluntary advanced resignation notice pilot program proposed is typical to other programs offered by other governmental subdivisions. The actual funding from the program would be established through the C ity's General Fund. One-time payments to eligible employees providing and advanced resignation notice are as follows: Sixty (60) days: $500.00 Ninety (90) day s: $1,000.00 One hundred and twenty (120) day s: $1,500.00 E.L E GAL C ON S ID E R AT ION : The C ity has the legal authority to provide a one-time voluntary advanc ed resignation notice pilot program. The voluntary advanced resignation notice pilot program has been reviewed by the C ity Attorney. Suc h financial programs should be formally authorized by City Council Resolution. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council c ould dec ide not to approve this program. The C ity Council c ould direc t staff to revised this proposed program. The C ity Council c ould dec ide to postpone c onsideration of this matter to a future meeting. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter A dvanced Resi gnation Notice P ilot P rogram B ackup Materi al RESOLUTION NO.___________ RESOLUTION AUTHORIZING A VOLUNTARY ADVANCED RESIGNATION NOTICE PILOT PROGRAM FOR REGULAR FULL-TIME LICENSED OFFICERS AND FIREFIGHTERS IN THE POLICE AND FIRE DEPARTMENTS WHEREAS, the City is committed to providing its existing level of quality service in the Fire and Police Departments while filling employee vacancies due to resignations; and WHEREAS, it takes approximately eight (8) weeks to recruit and hire a licensed officer or firefighter and another one (1) to fourteen (14) weeks of training before a new officer or firefighter is ready to perform the duties of their job; and WHEREAS, the costs associated with the lengthy hiring and training process for licensed firefighters and police officers are significant; and WHEREAS, City staff has developed a pilot program setting forth the requirements and benefits for a voluntary advanced resignation notice pilot program and it is ready for implementation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield hereby adopts the attached Voluntary Advanced Resignation Notice Pilot Program, effective December 15, 2017 and directs the City Manager to implement such program. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of December, 2017. ________________________________ Pat Elliott, Mayor ATTEST: __________________________________ Elizabeth VanHoose, City Clerk CITY OF RICHFIELD VOLUNTARY ADVANCED RESIGNATION NOTICE PILOT PROGRAM Purpose The City's Voluntary Advanced Resignation Notice Pilot Program is designed to improve the operational efficiency and stability of the City's workforce by encouraging employees to give the City advance notice of their intent to resign. The purpose of this program is to begin the process of replacing an employee who is leaving the City as soon as possible after notice is received. By offering a one-time payment to employees who provide the City with an advanced resignation notice, the City hopes to reduce the time that a position remains unfilled. This program’s primary purpose will be to serve as a means to minimize the extensive costs associated with replacing officers in the Public Safety and Fire departments, while also maintaining the existing service level to the public. The process of replacing a full-time licensed officer or firefighter takes a minimum of eight weeks before the new employee’s actual start date. Once hired, new firefighters require an additional week for on-the-job training. New police officers require an additional 14 weeks for on-the-job training before they are able to perform on the street. The costs associated with this lengthy hiring and training process range from $7,000 to $15,000 per new hire. Eligibility This program is available only to regular (non-probationary), full-time licensed police officers and firefighters in the Public Safety Department and Fire Department with a minimum of ten (10) years of continuous service with the City of Richfield. In order to be eligible for an advanced notice payment, an employee must have completed a fully executed Advanced Resignation Notice Agreement within calendar years 2018 or 2019. Application and Approval In order to be eligible for an Advance Notice payment, an employee must give at least 60 calendar days’ notice and up to 120 calendar days’ notice to the employee’s Department Director before his or her last day of work. For the purposes of this program, the last day of work is defined as the last day that an employee will actively be working for the City (not on paid or unpaid leave). It is the policy and intent for an employee utilizing this pilot program to remain actively working for the City and not use extended paid or unpaid time off during the 60-120 day notice period. All use of accrued leave benefits during the 60-120 notice period is subject to normal processes of approval per the City’s leave policies and the relevant collective bargaining agreements. The Advanced Resignation Notice Agreement must be signed by the Employee, the Department Director, and the City Manager in order to be effective. The City reserves the right to refuse to enter into this agreement with any employee. For purposes of this policy, the term day(s) shall mean calendar day(s). The City will provide the following one-time payment for advance notice: • Sixty (60) days: $500.00 • Ninety (90) days: $1,000.00 • One Hundred and Twenty (120) days: $1,500.00 Payment will be made on or after the employment termination date. An employee can elect to have the payment included in their final pay check, subject to taxation and required deductions, or deposited tax-free into their Post-Employment Health Care Savings Plan (HCSP). Once signed, an employee has up to five calendar days to revoke the agreement. Thereafter, the employee may not rescind his/her agreement without the City’s agreement to either permit rescission or defer the resignation. Refusing to accept the Advance Notice payment will not void the agreement. In the event the employee breaches this Agreement by terminating employment with the City in advance of the agreed upon resignation date, the employee forfeits all eligibility for any advance resignation payment. In addition, the employee’s separation from employment may be considered by the City as “not in good standing” and this determination may be relayed to the inquiries of the employee’s prospective employers. Breach of the agreement may also serve as basis for ineligibility from future employment with the City. Additional Considerations • Participation in this pilot program is strictly voluntary. • To accept this offer, you must sign a release agreement acceptable to the City, which waives your right to pursue any legal claim against the City of Richfield or its employees or Council Members. • All payments made are subject to customary payroll deductions. • All payments contained in this pilot program are supplemental to traditional benefits of a resigning employee. • The City reserves the right to decline any employee’s request for the advanced resignation notice program based on the number of requests received, an employee’s critical skills, or service delivery needs. • Employees who resign under this program and are subsequently rehired by the City, will not be able to participate in this program again. • The City reserves the right to not replace any employee who resigns under this program or to modify the position and duties prior to hiring a new employee. This decision will not affect an employee’s eligibility for an Advance Notice payment. This pilot program sunsets at the end of calendar year 2019. Any questions regarding this program may be directed to the Human Resources Division. ADVANCED RESIGNATION NOTICE AGREEMENT DATE: ___________________________ TO: ___________________________ (Department Director) FROM: ___________________________ (Employee) RE: Voluntary Resignation Notice VOLUNTARY RESIGNATION I voluntarily resign my position of ________________________, with the City of Richfield. My last day of work will be________________. By signing this document I agree to the terms and conditions of the City's Advance Resignation Notice program. I understand that in order to be eligible for an Advance Notice Payment, I must give at least 60 days’ notice before my last day of work and that any payment will be based upon the actual number of calendar days elapsed between the date of this notice and the last day of work. I also understand that in signing this Notice I am agreeing that there will no longer be a position available to me after the stated termination date. I understand that this notice is irrevocable upon the 5th calendar day of this agreement. __________________________________ ____________________ Employee’s Signature Date RESIGNATION ACCEPTED _________________________________ ____________________ Department Director Date __________________________ ____________________ City Manager Date Notice Payment eligible for:  60 Days ($500.00)  90 Days ($1,000.00)  120 Days ($1,500.00)