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3-12-90 agenda41/ CITY OF RICHFIELD, MINNESOTA Council Letter No. 82 Agenda, March 12, 1990 Issue Statement: Council discussion regarding goal setting and team building resources and schedule background. Background: On a annual basis the City Council conducts goal setting and team building exercises. The purpose of the goal setting is to review City accomplishments and to determine priorities for their upcoming year. Team building exercises have been developed to enable the Council and staff to work better at achieving the City objectives. Basis of Recommendation: 1. It is appropriate to establish the resources to accomplish the goal setting and team building, and to establish a schedule for completion of these tasks. Recommended Motion: Designate the resources to accomplish the team building and establish a schedule for that purpose. Alternative Recommendations: 1. The Council may decide not to designate resources at this time. 2. The Council may decide not to undertake goals setting and team building exercises. Discussion /Decision Mode: Discussion of this matter was presented for discussion at the Council meeting of March 12, 1990. JDP:sae r-J L Respect lly submitted, Ja s D. Prosser Cit Manager 0- CITY OF RICHFIELD, MINNESOTA • Council Letter No. 81 Agenda, March 12, 1990 Issue Statement: Sale of State of Minnesota Lottery tickets at Municipal Liquor stores. Background: In 1988 a state lottery was approved by Minnesota voters. Of the 2 million plus casting ballots, 59% voted in favor of the lottery. The 21,000 Richfield voters approved the measure along similar margins. In 1989 the State Legislature approved start -up and operation of the lottery. Outlets for lottery sales will include many retail operations, such as retail and municipal off -sale liquor stores. City staff consulted with liquor consultants regarding the impact of sales at the municipal operation. In addition, the Liquor Operations Director observed operations in other states. Staff Recommendation: Authorize the City Manager or designate to enter into an agreement for the sale of lottery tickets. Basis for Recommendation: • 1. State law permits the sale of lottery tickets at municipal liquor stores. 2. The State Lottery was approved by a voters within the State and in Richfield. 3. An internal review by consultant indicates the City operation has the management capacity to operate as a lottery agent with no increases in operational expenditures. 4. Internal review and review by consultant indicates that customers will expect the liquor operations to sell lottery tickets. A decision not to sell may ,translate into loss of customers to other stores. 5. The consultant has provided conservative estimates of additional profits of $50,000. The profits are generated from a five percent commission on ticket sales. 6. Start -up costs are expected to be minimal. 7. It appears that many other municipal liquor stores will be operating lottery sales. Alternative Recommendation: • Do not approve the sale of lottery tickets at the municipal liquor dispensary. Discussion /Decision Mode: This item will be placed on Meeting agenda. JDP:sae • • the March 12, 1990 City Council Resp t ly submitted, James Prosser City anager CITY OF RICHFIELD, MINNESOTA Council Letter No. 80 Agenda March 12, 1990 Issue Statement: Adoption of a Resolution changing Municipal State Aid designation for eleven City streets. Background: The City of Richfield is allowed to designate 20% of City street mileage, or 26.29 miles, as Municipal State Aid (MSA) streets. The condition of these streets determine, in part, how much state aid money we receive each year. However, 6.94 miles of Richfield's allowable 26.29 miles are designated as "Municipal County State Aid Streets ". This means that the City and Hennepin County share state aid funds for those streets. Staff proposes to remove four streets from Richfield's MSA system for which we share funding and add seven streets to the system which do not require shared funding. EXPECTED ANNUAL INCREASE IN MSA ALLOTMENT Staff estimates that removing MSA designation from 6.94 miles of County roads and designating City streets instead will increase Richfield's annual state aid allotment by approximately $140,000. • MSA CRITERIA FOR DESIGNATION Newly designated streets must meet three criteria: 1. A street that is projected to carry a relatively heavier traffic volume or is functionally classified as a collector or arterial as identified on the urban municipality's functional plan as approved by the urban municipality's governing body. 2. Connects the points of major traffic interest within an urban municipality; and 3. Provides an integrated street system affording, within practical limits, a state -aid street network consistent with projected traffic demands. (See the attached map of MSA streets which shows the proposed changes.) DELETED STREETS Street Name Limits Penn Avenue South FAI 494 to CSAH 62 Nicollet Avenue FAI 494 to 67th Street Portland Avenue FAI 494 to CSAH 62 66th Street West Xerxes Avenue to Lyndaie Avenue ri LJ 11 -/ ADDED STREETS • Street Name Bloomington Avenue South Cedar Avenue East 64th Street Lakeshore Dr. /Humboldt Ave. West 64th Street Upton Avenue So. W. 70th Street Limits E. 66th Street to E. 77th St. Meander Corner (on ramp south bound T.H.77) to E. 76th St. Nicollet Ave. to Portland Ave. W. 66th St. to W. 76th St. Xerxes Ave. So. to Penn Ave. So. W. 66th Street to W. 76th St. Xerxes Ave. So. to Penn Ave. So. All four streets which are recommended for deletion from the City's MSA system have had MSA construction funds spent on them within the last twenty years. MSA rules require that the City repay to its MSA Construction Account a proportionate share of those dollars spent on construction of these streets. This repayment, estimated at $274,550, will be subtracted from future requests for MSA reimbursement until the entire $274,550 is repaid. This repayment can be covered by tax increment funds, state trunk highway funds, special assessment funds or other sources available to a particular project. Monies repaid in this manner Construction Fund and will be • MSA construction projects as repaid. remain in Richfield's MSA available to the City for approved soon as the entire adjustment is Designating of local streets as MSA streets does not require any immediate design changes. Required MSA design features will be implemented only when the street is reconstructed. The first $274,550 in reimbursement requests sent to the State after redesignation will not be paid directly to the City. The monies will remain in our MSA construction account.''. Recommended Motion: Approve the attached resolution amending our Municipal State Aid street system. Basis of Recommendation: 1. Richfield's annual MSA allotment will increase by approximately $140,000. 2. The $274,550 reimbursement remains in our MSA Construction Account for use on other projects. 3. The MSA money will be available for reconstruction of the newly MSA designated local streets. 4. MSA rules allow us to spend local MSA money on a County road • with or without MSA designation of the County road. Alternative Recommendation: • Council may choose to reject the proposed changes in order to avoid repaying the $274,550 to the MSA account. However, maintaining the present system will ultimately cost $140,000 per year in additional funds. Discussion /Decision Mode: This item is scheduled for the March 12, 1990 regular City Council meeting. Staff is requesting approval at this time in order to submit this request to the state Municipal State Aid office in a timely fashion. Respe y submitted, James Prosser City age JDP/ j kf Attachments: Map of Proposed Changes Resolution is 0 • • RESOLUTION NO. Resolution Revoking Certain Municipal State Aid Streets and Establishing Municipal State Aid Streets WHEREAS, it was deemed advisable and necessary for certain streets hereinafter described as Municipal State Aid streets to be revoked and removed from Richfield's Municipal State Aid system under the provisions of Minnesota laws, and; WHEREAS, it was deemed advisable and necessary for certain streets hereinafter described to be designated Municipal State Aid streets under the provisions of Minnesota law. NOW THEREFORE, BE IT RESOLVED, that the streets described as follows, MSA Street # 157 -502 157 -503 157 -504 157 -505 Street Name Limits Penn Avenue South FAI 494 to CSAH 62 Nicollet Avenue FAI 494 to 67th Street Portland Avenue FAI 494 to CSAH 62 66th Street West Xerxes Avenue to Lyndale Avenue be, and hereby are, revoked as Municipal State Aid streets of the City of Richfield, subject to the approval of the Commissioner of Transportation of the state of Minnesota, and BE IT FURTHER RESOLVED, that the streets described as follows, Street Names Limits Bloomington Ave. So. E. 66th Street to E. 77th St. Cedar Avenue East 64th Street Lakeshore Dr. /Humboldt Ave. West 64th Street Upton Avenue So. W. 70th Street Meander Corner (on ramp south bound T.H.77) to E. 76th St. Nicollet Ave. to Portland Ave. W. 66th St. to W. 76th St. Xerxes Ave. So. to Penn Ave. So. W. 66th Street to W. 76th St. Xerxes Ave. So. to Penn Ave. So. be, and hereby are, established, located, and designated as Municipal State Aid streets of the City of Richfield, subject to the approval of the Commissioner of Transportation of the State of Minnesota. 7 4-41. - BE IT FURTHER RESOLVED, that the city clerk is hereby authorized and directed to forward two certified copies of this Resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said street or portion thereof, the same be constructed, improved and maintained as Municipal State Aid streets of the City of Richfield to be numbered and known as Municipal State Aid Streets: Bloomington Avenue South Cedar Avenue East 64th Street Lakeshore Drive /Humboldt Avenue West 64th Street Upton Avenue South West 70th Street Adopted by the City Council of the City of Richfield this 12th • day of March, 1990. Attest: Thomas P. Ferber City Clerk 0 Steven J. 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Background: The application for the renewal of the on -sale non - intoxicating malt liquor license has been submitted by The Frenchman's. The required license fee has been paid. The Public Safety investigation has been conducted and revealed the following: • The applicant has submitted the required liquor liability insurance coverage. • The applicant has paid all general real estate, State sales, and withholding taxes. • Mr. Charles Cordray is the owner since June of 1989, Ms. Christine Cordray is the manager. Neither has a known criminal record. • During the previous twelve months there were twenty -five Public Safety contacts with The Frenchman's.- This compares with nine contacts for the previous year. Of the twenty -five contacts, five were of a criminal nature and six were "bar type" including two drunkenness, three domestics, and one disorderly conduct. In November of 1989, staff received a telephone call from an individual who indicated that they believed that 3.2 beer was being consumed by minors on the property known as The Frenchman's Tavern. Staff requested the Police Division conduct an investigation. At that time, no violations were noted. In January of 1990, a second telephone call was received by staff from an individual who stated that they believed minors had consumed 3.2 beer in this establishment on numerous! occasions. The caller said that they have overheard minors explain to a friend that this is the case. Staff again requested that Police attempt to determine if the complaint was valid. On January 5, 1990, the Police Division made arrangements for a 15 year old minor and the minor's father to meet them at the establishment. The group, including the minor, were served 3.2 beer by an employee of the establishment without the employee requesting any identification from anyone in the group. The minor did not consume any of the 3.2 beer. On January 26, 1990, undercover Police Officers visited the • establishment again to determine if the January 5, 1990 situation was an isolated incident. Officers met another employee of Public Safety at the establishment who was accompanied by a 17 year old minor. Police staff had contacted the minor's mother for permission for her to be involved. Permission was granted. Food and 3.2 beverages were ordered by everyone in the group and they were all served without the employee requesting any identification from anyone in the group. The employee of The Frenchmen's, on this occasion, was not the same employee that had served a minor on the January 5th incident. The group, including the minor, were served a second round of 3.2 beer and the minor went up to the bar and paid the entire tab for all the food and beer that had been ordered. The minor did not consume any of the 3.2 beer. On February 12, 1990, the two employees involved and the owner of the establishment were charged with a gross misdemeanor for furnishing alcohol to persons underage. The first hearing on the criminal charges is scheduled for March 20, 1990. On March 1, 1990, City staff and the City Attorney met with Mr. Cordray, who owns The Frenchman's Tavern, and Mr. Cordray's attorney, Jeff Moore. The purpose of this meeting was to discuss the allegations and to arrive at a possible disposition of the matter. At that time, Mr. Cordray and his attorney agreed to a stipulation that Mr. Cordray's non - intoxicating malt liquor license be suspended for a period of four consecutive (4) days which shall begin no later than March 19, 1990. The stipulation has been signed by Mr. Cordray. Recommended Motion: Renew the non - intoxicating malt liquor license for The Frenchman's Tavern for 1990. Suspend Mr. Cordray's,non- intoxicating malt liquor license for a period of four (4) consecutive days beginning no later than March 19, 1990. Basis For Recommendation: 1. The applicant has complied with all of the provisions of both the City code and State statute pertaining to 3.2 beer licensing with the exception of the alleged sale of non- intoxicating malt liquor to minors on two occasions in January of 1990. 2. Based upon the information supplied by the applicant and the investigation conducted by the Public Safety Department, there appears to be no reason to deny the renewal of the license requested with the exception of the alleged sale of non - intoxicating malt liquor to minors on two occasions in January 1990. 3. Staff and the City Attorney have met with Mr. Cordray and stressed the seriousness of the matter. The following are • the steps that Mr. Cordray has taken since the incidents to assure that this does not occur again in the future. They are as follows: • • Mr. Cordray has supplied proof that he has distributed alcohol awareness material to all present staff and met with each employee one -on -one to discuss the material. Mr. Cordray will also see that this material becomes a part of the orientation program for any new employees as well. Alcohol awareness training will be provided by Mr. Cordray on a semiannually basis or more often as need be. Public Safety has strongly encourages Mr. Cordray to contact the Police Division for some further alcohol awareness training for himself and his employees. • Mr. Cordray has posted large signs at each entrance and at the bar that state "Be Prepared to Show Identification ". Mr. Cordray said that they are requesting identification from anyone who looks to be 30 years of age or younger. • Mr. Cordray stated that one of the employees who had allegedly served beer to a minor has been removed from the work schedule. The second employee involved had had reduced hours. All employees have been notified that further occurrences of the sale of beer to minors will result in termination for the employee. 4. Mr. Cordray has agreed to the stipulations set forth in the attached document and has signed the agreement. Alternative Recommendation: 1. The City Council could decide to revoke the non - intoxicating malt liquor license for The Frenchman's Tavern. This would mean that non - intoxicating malt liquor could be served at any time in the establishment. 2. The City Council could decide to suspend the license for a length of time different that the recommended four (4) days stated in this letter. Discussion /Decision Mode: Hearing on the suspension of the non - intoxicating malt liquor license for The Frenchman's Tavern is presented for!Council consideration at this time. JDP:bac RespecAfully submitted, Jai D. Prosser City Manager -*-;;�-, _z_ MAR OG '90 09:15 HOLMES & GRAVEN . .....77.7' CITY OF RICHFIELD RESOLUTION NO. RESOLUTION GRANTING 1990 1409-INTOXICATING MALT LIQUOR LICENSE TO THE FRENCHMAN'S TAVERN, 1400 EAST 66TH STREET, SUSPENDING THE SAME FOR FOUR DAYS AND AUTHORIZING EXECUTION OF STIPULATION WHEREAS, an application has been duly received by The Frenchman's Tavern for a 1990 on -sale non - intoxicating malt liquor license for the premises located at 1400 East 66th Street; and WHEREAS, the application has been reviewed by the various appropriate departments of the City, and the recommendations of such departments have been received and considered by the City Council; and WHEREAS, upon proper and sufficient notice thi's Council has considered the proposed suspension of The Frenchman's Tavern's non - intoxicating malt liquor • license based upon an alleged illegal sale to a minor on January 5, 2990, and another illegal sale to a minor on January 26, 1990; and WHEREAS, the Council finds that substantial and unrebutted evidence establishes that such sales were, in fact, made; and WHEREAS, such sales subject The Frenchman's Tavern to discipline; and WHEREAS, the Council has been presented with a proposed stipulation ( "Stipulation " ), is familiar with its contents and has received the recommendation of staff that such be approved. NOW, THEREFORE, BE rr RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The application of The Frenchman's Tavern for a 1990: non- intoxicating malt liquor license is hereby approved. 2. Subject to the provisions of paragraph 3 above, such 1990 on -sale non. intoxicating malt liquor license is hereby suspended for a period of four business days. MAR 06 190 09:15 HOLMES & GRAVEN 3. The Stipulation is hereby. approved and the Mayor and City Manager are ✓ hereby directed to execute same on behalf of the City. Once executed, the provisions of the Stipulation shall govern the terms and conditions of the suspension authorized by paragraph 2 above. Passed and adopted by the City Council of the City of Richfield, 'Minnesota, this day of ATTEST: amas P. Fer5er, City Clerk RC160 -006 U Crrx OF RICNPIEI.D Steven J. Quam, Mayor 2 Ste CCT b 1. u-, n! Hennepin ............ ....... ..... ...... ....... ...... SECTION/Subdivision U. 0. C. GOC lint.. M N( ........ .. ...................... ................................. 340A.503, subd. 2(1) L43001 N ............................................. ............................. I ......................................... District Court trict,,Division 4, Southdale 7Y. CONTROLLING CONTROL NO. ::AGENCY MN0271800': 90000357 . ... . ......... ........................ t tRb DA TE F.. State of Minnesota ..................... OR( .... ...... K... ..... . PLAINTIFF, ................ ........ ... ... .............. ............ .. .... .. .... ......... V ... ... ........ x.. :; :.NAME: f=4 xniddie,iak .. .. ... Date of Binh Frenchman's Tavern SUMMONS:`- Ili ADD: X rr. ....... ..... SJIS COMPLAINT NUMBER STATEMENT..OF. FACTS ATTACHED TO COMPLAINT INCORPORATED HEREIN BY REFERENCE THEREFORE,. Conplainant requests that said Defendant, subject to bail or conditions of release be: (1) arrested or that other lawfid ste ps be taken to obtain defendant's appearance in court, or (2) &rainO, if already in custody, pending further proceedings- and t at said D*ndant otherwise. be dealt with according to law. COMPLAIN COMPLAINANT'S SIGNATURE: AgMiiliam Hollick #079 Being duty authorized to prosecute the offense(i) chargedj hereby approve this Complaint. PROSBCV77NG ATTORNEY: NA2VW41•: Peterson, Bell, Conv . e I rse & Jens*en ADMESWTEXPHONE- 2100 American National Bank Bldg. Attt: Martin I Costello Atty. Reg. No. 19100 St.Paul, MN 55101 (612)224-4703 FORM .1 • ATTACHMENT -7 State of Minnesota 0 Page 2 of 3 County of Hennepin State of Minnesota PLAINTIFF, vs. Frenchman's Tavern DEFENDANT. Control No. District Court 90000357 Date of birth The complainant states that the following facts establish PROBABLE CAUSE: Your complainant is an investigator with the Richfield Department of Public Safety and a Minnesota State Certified Peace Officer. He makes this complaint based upon reports from other Richfield officers: Larry Lotzer #089 RDPS and Pat Moriarty #129 RDPS, known to be reliable. On January 5 & 26,1990, at approximately 6:30 & 5:00 p.m. at or near Frenchman's Tavern, owned and operated by Charles J. Cordray, at 1400 East 66th Street, Richfield, Hennepin County, Minnesota, defendant above -named furnished alcoholic beverages to an individual who was not twenty -one years (21), and was not at the underage individual's parental home with parental permission. RDPS received information that Frenchman's Tavern was furnishing alcoholic beverages to underage people, including minors. On January 5,1990, at about 6:30 p.m. a fifteen year old female, working with RDPS with her parent's permission and in the presence of two undercover Richfield officers, ordered and was served a bottle of Bud Light beer by a Frenchman's employee. The Frenchman's employee, later identified.as waiter David Conrad Arbuckle, DOB 9 /21/59, did not ask for or check the fifteen year old's identification before serving her the beer. Arbuckle simply asked "Are you old enough ?" and "Are you sure you are old enough ?" and "Is she old enough ?" before serving her the beer. On January 26,1990, at about 5:00 p.m. a seventeen year old female, DOB 11/7/72, working with RDPS with her parent's permission and in the presence of two undercover Richfield officers, ordered and was served a bottle of Bud Light beer by a Frenchman's employee. The Frenchman's employee, later identified as waitress Deborah D. Chebanyuk, DOB 7/20/63, did not ask for or check the seventeen year old's identification or make any inquiry regarding her age, before serving her the beer. STATEMENT OF FACTS ATTACHED TO COMPLAINT INCORPORATED HEREIN BY REFERENCE THEREFORE, Complainant requests that said Defendant, subject to bail or conditions of release be: (1) arrested or that other lawful steps be taken to obtain defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. COMPL,aIN �g�`�Iliarn Hollick #079 COMnAINAYMSIGNA'ILRE: Bemg duly authorized to prosecute the o ense(s) charged. l hereb rove this Complaint. .. ..:.. Pr .� 8 y approve mP ors sic�r PROSECUI7NG ATTORNEY Peterson, Bell, Converse & Jensen ADDRESSIMEPHONE 2100 American National Bank Bldg. Att : Martin J. Costello Atty. Reg. No. 19100 St.Paul, MN 55101 (612)224 -4703 FORK .1 _. 0 State of Minnesota State of Minnesota Page 2of3 County of Hennepin District Court PLAINTIFF, VS. Date of birth David Conrad Arbuckle 9/21/59 DEFENDANT. Control No. 90000357 The complainant states that the following facts establish PROBABLE CAUSE: Your complainant is an investigator with the Richfield Department of Public Safety and a Minnesota State Certified Peace Officer. He makes this complaint based upon reports from other Richfield officers: Larry Lotzer #089 RDPS and Pat Moriarty #129 RDPS, known to be reliable. On January 5,1990, at approximately 6:30 p.m. at or near Frenchman's Tavern, owned and operated by Charles J. Cordray, at 1400 East 66th Street, Richfield, Hennepin County, Minnesota, defendant above -named furnished alcoholic beverages to an individual who was not twenty -one years (21), and was not at the underage individual's parental home with parental permission. RDPS received information that Frenchman's Tavern was furnishing alcoholic beverages to underage people, including minors. On January 5,1990, at about 6:30 p.m. a fifteen year old female, working with RDPS with her parent's permission and in the presence of two undercover Richfield officers, ordered and was served a bottle of Bud Light beer by a Frenchman's employee. The Frenchman's employee, later identified as waiter • David Conrad Arbuckle, DOB 9/21/59, did not ask for or check the fifteen year old's identification before serving her the beer. Arbuckle simply asked "Are you old enough ?" and "Are you sure you are old enough ?" and "Is she old enough ?" before serving her the beer. STATEMENT OF. FACTS ATTACHED TO COMPLAINT INCORPORATED HEREIN BY REFERENCE THEREFORE, Complainant requests that said Defendant, subject to bail or conditions of release be: (1) arrested or that other lawful steps be taken to obtain defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. C 'A g�' illiam Hollick #079 cor,.ArrrANrsstctian . Being duly authorized to prosecute the Q�ense(s) charged I:hereby approve this Complaint. ' A YEY'SSIC�1y7�JRE��..r /C� �... . PROSECUTRVG ATTORNEY Peterson, Bell, Converse & Jensen AnorE 2100 American National Bank Bldg. AttY: Martin J. Costello Atty. Reg. No. 19100 St.Paul, MN 55101 (612)224 -4703 PoR.H $a 0 ATTACHMENT Page 2 of 3 State of Minnesota County of Hennepin District Court State of Minnesota PLAINTIFF, VS. Date of birth Deborah Denise Chebanyuk 7/20/63 DEFENDANT. Control No. The complainant states that the following facts establish PROBABLE CAUSE: 90000357 - -�� Your complainant is an investigator with the Richfield Department of Public Safety and a Minnesota State Certified Peace Officer. He makes this complaint based upon reports from other, Richfield officers: Larry Lotzer #089 RDPS and Pat Moriarty #129 RDPS, known to be reliable. On January 26,1990, at approximately 5:00 p.m. at or near Frenchman's Tavern, owned and operated by Charles J. Cordray, at 1400 East 66th Street, Richfield, Hennepin County, Minnesota, defendant above -named furnished alcoholic beverages to an individual who was not twenty -one years (21), and was not at the underage individual's parental home with parental permission. RDPS received information that Frenchman's Tavern was furnishing alcoholic beverages to underage people, including minors. On January 26,1990, at about 5:00 p.m. a seventeen year old female, DOB 11/7/72, working with RDPS with her parent's permission and in the presence of two undercover Richfield officers, ordered and was served a bottle of Bud Light beer by a Frenchman's employee. The Frenchman's employee, .:later identified as waitress Deborah D. Chebanyuk, DOB 7/20/63, did not ask for or check the seventeen year old's identification or make any inquiry regarding her age, before serving her the beer. 0 ,r MAR 06 '90 09:14 HOLMES & GRAVEN ` 0 STIPULATION THIS AGREEMENT made and entered into as of the 12th day of March, 1990, by and between the City of Richfield, a Minnesota municipal corporation (hereinafter "City") and The Frenchman's Tavern, by and through its proprietor, Charles Cordray (hereinafter "Licensee"). BACKGROUND I. Licensee is a restaurant located at 1400 East 66th Street, Richfield, Minnesota. 2. , In conjunction with the restaurant operations, licensee holds a temporary license permitting the on -sale sale of non - intoxicating malt liquor. The license was issued by the City on February 26, 1990, and by its terms expires at the end of March 12, 1990. 3. Licensee has made application for a 1990 on -sale non - intoxicating malt liquor license. 4. Also pending before the City Council is the proposed discipline of Licensee based upon two alleged sales of non - intoxicating malt liquor to persons under the age of 21 years. 5. Representatives of the Richfield Department of Public Safety have met with the Licensee and Licensee's attorney for the purpose of discussing the allegations and a possible disposition of the matter. STIPULATION Based upon the foregoing, it is hereby stipulated and agreed by, and between the parties as follows: 1. The City hereby imposes upon Licensee and Licensee hereby accepts a FOUR DAY suspension of Licensee's 1990 on -sale non - intoxicating malt liquor license. 7-11 r MAR 06 '90 09:14 HOLMES & GRAVEN ` 2. Said suspension shall occur on four consecutive business days and shall begin • not Later than March 19, 1990. Licensee shalt notify the Department of Public Safety of the actual beginning date of the suspension period not later than two days prior to such actual beginning date. 3. By accepting the above - described suspension, Licensee specifically waives and releases any claims which it may have, for any reason, to challenge the actions of the City which are the subject of this Stipulation, or to challenge the findings of the City Council regarding the alleged illegal sales of non - intoxicating malt liquor to persons under 21 years of age; provided, however, that this waiver and release shaU not be construed in any way to constitute an admission by Licensee regarding such sales, may not be introduced in any criminal proceeding as evidence of an admission, and shall not preclude Licensee, in any such criminal proceedings, from imposing any defense including, but not limited to a denial that such sales occurred. • iN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. CITY OF RICHFIELD BY Its -Mayor By Its City manager THE FRENCHMAN'S TAVERN By Its Owner BY Attorney for Licensee RC160 -006 2 CITY OF RICHFIELD, MINNESOTA Council Letter No. 78 Agenda March 12, 1990 Issue Statement: Second reading and public hearing of an ordinance which would prohibit the sale of cigarettes or tobacco products from vending machines in the City of Richfield. Background: The Advisory Board of Health has reveiwed the sale of cigarettes or tobacco products from vending machines. After reveiw the Board recommended that cigarettes and'tobacco products not be sold from vending machines. The recommendation is based on the conclusion that tabacco product sales from vending machines are easily accessible to the youth of Richfield. The Advisory Board of Health reviewed alternative vending machine controls and concluded that alternative controls would not be effective. At their November 20, 1989 meeting, the Richfield Advisory Board of Health approved a motion to recommend to the Richfield City Council that an ordinance be drafted which would prohibit the sale of cigarettes or tobacco products from vending machines in the City of Richfield. At a February 5, 1990 Council Study Session, staff was directed to draft an ordinance which would be consistent with the Advisory Board of Health recommendation. First reading of the ordinance was heard by City Council on February 12, 1990. Recommended Motion: i Hold the public hearing and approve an ordinance prohibiting the sale of cigarettes or tobacco products from vending machines in the City of Richfield. Basis for Recommendation: 1. The Advisory Board of Health's charge is to "advise, consult with or make recommendations to the Board of Health (City Council) on matters relating to the development, maintenance, funding and evaluation of community health services in the City of Richfield." Alternative Recommendation: 1. The Council could decide not to proceed with this ordinance. This would mean that cigarettes and tobacco products would continue to be dispensed by vending machines in the City of Richfield. 2. The City could delay action on this ordinance pending legislative action on a bill to preclude local regulation of vending machines. Discussion /Decision Mode: If the ordinance if approved by the City Council, it will become effective 30 days after publication in the official newspaper. JDP:bac • City y Submitted, Prosser ,r 0. r. ev zn ORDINANCE NO. AMENDMENT TO CHAPTER XI OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES QRk�AIi•T: Chapter XI of the Ordinance Code of''. the City of 'Richfield is hereby,, amended by.am ending, Subsection 7145.03 thereof to read as follows: Subsection 1145.03. Sale and distribution of tobacco. 'Subdivision, 1. License required. Sub. 3. License application.'. Application for. a license shall be made to the elect Public Safety Director an ar form provided for that purpose. The fee shall accompany the application. Subd. 3. License fees. The license .fee is fined by appendix D. Subd. 4. .Approval and issuance.'. The application shall be reviewed and action taken on. it by either the ekrk Public _Safety Director or the council. Applications may be disapproved only by the council.. Subd. S. Licenses non - transferable. Licenses granted under this subsection are non - transferable. saw. 0. G vigarette - - .7"- V�G-VVatir..v hra wry..+ •r v ,. �� .. of 4he establish faeot, Sebd: -' Subd. 6. 'Cigarette and tobacco establishments: prohibited acts. The following acts involving cigarettes and tobacco establishments are prohibited: (S):. the sale of tobacco, in any form tq� a person under the age of 18 years;. and by, persons not 18 years of 4#:3. , seetion 2359,0;. I. MAR 08 '90 16:08 HOLMES & GRAVEN r P. 3/3 #G 3 l RICHFIELD INDEPENDENT SCHOOL DISTRICT 280 "RECOGNIZED FOR EXCELLENCE" ' PUBLIC g HOOLS 612/861 -8201 i 7001 HARRIET AVENUE SOUTH RICHFIELD MINNESOTA 55423 Betsy Christensen Richfield Advisory Board of Health 6700 Portland Avenue South Richfield, Minnesota 55423. Dear Betsy: February 22, 1990 LOWELL D. LARSON, Superintendent rEnclosed please find the resolution supporting a city ordinance which prohibits the sale of tobacco products through vending machines. The Board adopted the resolution at their meeting on February 20, 1990. If you need further assistance, please let me know. Sincerely, Lowell D. Larson Superintendent LDL:jm EMPLOYER 40 RESOLUTION SUPPORTING THE PASSAGE OF A RICHFIELD CITY ORDINANCE WHICH PROHIBITS THE SALE OF TOBACCO PRODUCTS THROUGH VENDING MACHINES WHEREAS, the Richfield School District through policy promotes a tobacco free environment, and WHEREAS, selling tobacco products to persons under the age of 18 is prohibited by law, and WHEREAS, it is almost impossible to restrict vending machine sales to legal buyers, NOW THEREFORE BE IT RESOLVED, that the Richfield School Board go on record as supporting the passage of a Richfield city ordiance which prohibits the sale of tobacco products through vending machines, and BE IT FURTHER RESOLVED, that the Richfield School Board forward a copy of this resolution to the Richfield City Council. AND BE IT FURTHER RESOLVED, that the Richfield School Board send a copy of this resolution to other local governmental units that fall totally or partly in the Richfield School District in order to apprise them of the School Board's support of this ordinance. ADOPTED BY THE BOARD OF EDUCATION. February 20, 1990 Project Charlie is one program that helps to build self-esteem, � and teaches children that it is alright to say no to drug, alcohol, and cigarette use through the "Just Say No" campaign. We believe that we, can reinforce that message by the total ban � of cigarette vending machines in the city of Richfield. We feel that it is too easy for our children to purchase cigar- ettes through these vending machines, and the ban would detour- the purchase of cigarettes by the youth of our city. We can help them to "Just Say No" to cigarette use by removing these ^ vending machines. . We would like to support, and encourage, the City Council to support and vote for a total ban of cigarette vending machines in the city of Richfield. � � Thank-you, � Jennie Anderson, President Holly.Thorson, vice-President Kris Langsdor+-Rowland',.TreasLtrer- NZI AM All. A. ggg anne D ied,agree exvenc7ing machines` chf ie ld g � :. -..Y: �� Yr 5 1• �nA �»nnn ��,*'C+S; �s•u y-rw,� K - ��;� �r '�'='��i�d�' r'�fir�xRk�,' & .n 'k� �� .�r' s na . w 11 �tv F "rc sc c(ev- �otfL• CGS taYe� 5g`µ - � u �• � ce�i�..� c es t de�1� c�i `fyu�� — f �a-��s�a -�J d►�Q.d.e.eo ��o. V _ , • �a %1 l/ i r ly 2e _. 39. ..�, b F ��%% K' 6700 Portland Ave. So. - Richfield. MN SS423 7:00 p.m. Those with concerns about this issue and ordinance, will have the opportunity to speak at this meeting. Thank —you. i _� z District Office Stadium Square, Suite 160 (612) 854 -5217 7020 Cedar Avenue South Bloomington, Minnesota 55425 February 13, 1990 V, City Council Representative Citv of Richfield 5700 Portland Avenue S. Richfield, MN 55423 .V Dear City Council, I have become aware of the intent of Richfield to propose an ordinance banning all cigarette vending machines. While I support the position of a complete restriction of cigarettes to minors, I do feel they should remain available to adults. We are in the hospitality business. One suggestion would be to require all liquor establishments to move their cigarette vending machines into the lounge. Our guests are required to be of age, twenty -one, prior to entering our lounge. Our employees are trained to serve alcoholic beverages to adults only and to do so very responsibly. The sale of cigarettes in our lounge would also be done just as responsibly. By eliminating cigarette vending machines, this would force us to sell them behind the bar from a rack and leaveius exposed to theft and require more work for the bartender. I feel it would be a gross injustice to take the convenience of our cigarette vending machines away from our customers. I respect the City's concern about minors smoking cigarettes. However, I feel there are other solutions other than banning these machines completely and would like to share those with you. Your attention and strong consideration to this matter will be appreciated. Thank you. Sincerely, _ .Y Robert E. Schams District Manager • cc: The Ground Round Corporate - Rick Hummrich William Schoener General Managers 1 ' - ~_ V rte -/r NAEGELE Naegele Outdoor Advertising, Inc. L \ • of Twin Cities �\ March 5, 1990 Mr. Steven Quam, Mayor and Members of the City Council City of Richfield 6700 Portland Avenue Richfield, MN 55423 Dear May-,r Quam and Members of the City Council, Thank you for informing us of the proposed amendment banning cigarette sales via vending machines in the City of Richfield. We have a machine in our shop area that vends cigarettes, candy, and snacks for the convenience of our employees. This machine is not accessible or open to the public. It does provide an important and welcome service to our employees. It provides access in our plant to a variety of items, including cigarettes, our • employees wish to purchase. I am confident this machine will never become a source of cigarettes for children. It is however a useful source of.cigarettes for our adult employees. Therefore I ask you carefully review and adopt language similar to that found in Section 1:(a) of the draft Tobacco Vending Machine Ordinance presented by the Coalition for Responsible Vending Sales. This or a similar provision will provide an appropriate balance between protection of children in Richfield and service and convenience to the adults who work and visit here. Sincerely, Jeff Evrard General Manager .cc: Betsy Cristensen, City of Richfield 1700 West 78th Street • Minneapolis. MN 55423 -3899 612/869 -1900 • FAX # 612/869 -7082 CITY OF RICHFIELD, MINNESOTA . Council Letter No. 77 Agenda March 12, 1990 0 Issue Statement: Approval of the 1990-91 Labor Contract with the Richfield Police Officers Federation. Background: City staff has completed negotiations with the Richfield Police Officers Federation on a Labor Agreement for the two -year period of 1990 and 1991, subject to Council approval. The bargaining unit is represented by Law Enforcement Labor Services, Inc., a state -wide police labor union. The Police Officers Federation represents the positions of Police Officers and Investigator /Agents. There are presently 34 employees represented in the unit. The entire contract was open for negotiations. Discussion centered around: wages; health, dental and life insurance; college incentive; clothing allowance; use of Union Stewards' time; court on call time; and number of paid holidays. The tentatively approved settlement includes the following changes: Wages Health Insurance Dental Insurance Life Insurance College Incentive Clothing Allowance 1990 4% increase across - the -board $28 increase per month toward dependent coverage $1 increase per month for single coverage $5,000 increase to a total of $15,000 $0.05 increase per credit to $1.35 per credit $15 increase per employee per year 1991 4% increase across - the -board $30 increase per month toward dependent coverage $1 increase per month for single'coverage No change $0.05 increase per credit to $1.40 per credit $10 increase per employee per year Use of Stewards' Clarification on types of meetings time covered • Paid Holidays at one and one- half for actual Holiday worked n U Added one Added one Holiday - Holiday - Lincoln's Birthday Memorial Day Recommended Motion: Approve the Labor Agreement with the Richfield Police Officers Federation and authorize the City Manager to execute the Agreement. Basis of Recommendation: 1. The City has met and negotiated with the Union and is bound under the Public Employers Labor Relations Act. 2. The tentatively approved settlement is similar to police unit agreements in other, comparable cities. Alternative Recommendation: A number of alternative recommendations can be discussed at the March 12, 1990 City Council meeting. Discussion /Decision Mode: In order to allow the City's accounting personnel to modify payroll records in a timely manner for 1990 wages and benefits, it is recommended that the City Council act on March 12, 1990 to adopt the attached resolution providing for contract changes effective January 1, 1990. Res ully submitted, Jam D. Prosser Cit Manager JDP:cak Attachment t, `C -/ RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE OFFICERS FEDERATION BARGAINING UNIT FOR THE YEARS 1990 AND 1991 WHEREAS, the City Manager and the Richfield Police Officers Federation have reached an understanding concerning conditions of employment for the years 1990 and 1991; and WHEREAS, it would be inappropriate to penalize Police Federation members who have negotiated in good faith; and WHEREAS, the personnel ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be implemented by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and the Police Officers Federation Bargaining Unit for the years 1990 and 1991 under the provisions of the Labor Agreement to be implemented, effective January 1, 1990. • ATTEST: Thomas P. Ferber City Clerk Steven J. Quam Mayor is r� L CITY OF RICHFIELD, MINNESOTA Council Letter No. 76 Agenda, March 12, 1990 Issue Statement: Consideration of a motion to establish Capital Improvement Reserve Fund. Background: The City of Richfield Capital Improvement Program has identified future capital improvement requirements which are considerably in excess of funds available. In the past the City of Richfield has used the General Fund balance for some of those improvements. Presently the General Fund balance is necessary for two purposes: • To provide cash for periods when expenditures, primarily salaries, exceed cash receipts, primarily property tax and LGA receipts from the state. • To provide emergency funds in cases of extraordinary cash requirements, such as the flood of 1987. Nevertheless it may be possible that a portion of the fund balance could be used for Capitol Improvement purposes. Recommended Motion: Approve a resolution authorizing a Capital Improvement Reserve Fund. Basis of Recommendation: 1. In order to provide funding where appropriate for necessary capital improvement purposes. 2. Expenditures from this Fund cannot be made without the authorization of the City Council and as provided by City Charter and State law. Alternative Recommendation: Do nothing, and maintain available fund balance, within the General Fund. Decision /Discussion Mode: This matter will be placed'on the Council meeting. Included will be Capital Improvements Reserve Fund. JDP:sae Agenda, for the March 12, 1990 a resolution establishing a ly'submitted, Ja �. Prosser Ci v Manaaer' • U A RESOLUTION ESTABLISHING A CAPITAL IMPROVEMENTS RESERVE FUND WHEREAS, the City of Richfield has Capital Improvement funding requirements including replacement of existing assets within the City, and WHEREAS, is advisable to maintain a Reserve Fund to provide for those expenditures, and WHEREAS, it is recognized that it is also necessary for the City to maintain a cash balance, which will provide adequate funding for cash flow and emergency expenditures, and WHEREAS, it is advisable to establish procedures to assure that Capital Improvement Reserve Funds are properly utilized. NOW, THEREFORE be it resolved by the City of Richfield as follows: Section 1. That a Capital Improvement Reserve Fund is hereby established. Section 2. That amounts be transferred into this Fund from the General Fund, from time to time, as authorized by the City Manager. Section 3. Cash within the Capital Improvement Reserve shall be maintained with the General Fund cash for purposes of maintaining appropriate cash flow availability. Section 4. Interest earnings from such Capital Improvement Reserve Fund shall be credited to the General Fund. Section 5. Expenditures from this fund may not be made unless the following conditions are met: A. Certification by the City Treasurer that expenditure of the funds will not impair the ability to maintain adequate cash balances within the General Fund. B. Certification by the City Treasurer that sufficient funds are available to meet emergency requirements., C. City Council authorization. D. Compliance with City Charter and applicable State laws. E. All transfers to and from the Capital Fund will be reported by the City Manager to the City Council within seven days. APPROVED this 12 day of March, 1990. Attest: Steven J. Quam, Mayor CITY OF RICHFIELD, MINNESOTA Council Letter No. 75 Agenda: March 12, 1990 Issue Statement: Purchase in Excess of $5,000 of a Greensmower for Rich Acres Golf Course. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. One fully depreciated greensmower purchased in 1980 by the golf course is scheduled to be replaced in 1990. Staff solicited quotations in an informal process, and received three as follows: Wayzata Lawn Mower Toro Greensmaster 3000 $10,300 Less Trade -In of 1980 Toro GM300 (500) Total $ 9,800 North Star Turf, Inc. Jacobsen Greens King IV $ 9,980 Less Trade -In of 1980 Toro GM300 (500) Total $ 9,480 MTI Distributing Co. • Toro Greensmaster 3000 $ 9,657 Less Trade -In of 1980 Toro GM300 (1,200) Total $ 8,457 Plus single point adjustment reel 238 Total $ 8,695 The Central Garage approved 1990 Motor Pool budget contains $9,000 for this purchase. Recommended Motion: Approve a purchase order to MTI Distributing Inc. for a net sum total of $8,695. Basis of Recommendation: 1. The four mowers presently owned by the golf course are Toro brand. Parts would be interchangeable with the new machine. 2. There is adequate funding in the approved 1990 Motor Pool budget. Alternative Recommendation: Council may choose to not accept any quotation and instruct staff to obtain additional quotations. • Discussion /Decision Mode: This item is on the March 12, 1990 consent calendar. Staff is requesting approval at this time in order to facilitate timely • delivery of the unit. Respec y submitted, James Prosser City Manager JDP /reb CITY OF RICHFIELD, MINNESOTA • Council Letter No. 74 Agenda March 12, 1990 Issue Statement: Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association (GFOA). Background: The City was recently notified that its Comprehensive Annual Financial Report for the fiscal year ended December 31, 1988 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by government and its management. The GFOA, which is responsible for presenting the certification, is a nonprofit professional association serving 9,500 government finance professionals. The association provides a variety of technical publications in various fields of government finance and represents the public finance community in Washington, D.C. The specific Comprehensive Annual Financial Report was judged by an impartial panel to meet the high standards of the program established by GFOA, including demonstrating a constructive spirit of full disclosure effort to clearly communicate its • financial story and motivate potential persons and users to read the financial report. When a Certificate of Achievement is awarded to a government, an award of Financial Reporting Achievement is also given to the individual designated as primarily responsible for having earned the certificate. This award of Financial ReportingjAchievement has been presented to Jean Mitchell, the Finance Manager. Additionally, Richfield earned the GFOA Certificate 'of Achievement (formerly a Certificate of Conformance),for its annual financial reporting for the years: 1976 1984 1978 1985 1981 1986 1982 1987 Thus, for the City of Richfield and Finance Manager, Jean Mitchell, this represents the seventh time since 1980 that the prestigious award has been attained. Recommended Motion: It is recommended that the City Council present the Certificate of Achievement for Financial Reporting to Jean Mitchell, Finance Manager, on behalf of the Government Finance Officer's • Association. Basis of Recommendation: 40 1. The City has been notified by the GFOA that the certificate has been attained and that presentation to Jean Mitchell would be appropriate. 2. The City Council wishes to take such opportunities to recognize achievement of City staff, especially at a public forum, such as the Council meeting. Alternative Recommendation: 1. The City could accept the award and make no mention of it at the meeting. Discussion /Decision Mode: Action on this item is suggested for March 12, 1990. JDP:ff r: Respectfully submitted, (41 Jame . Prosser CityLManager *"V J/ �j • CITY OF RICHFIELD, MINNESOTA Council Letter No. 73 Agenda March 12, 1990 Issue Statement: Presentation of Girl Scout Week Proclamation, March 11 -17, 1990 Background: Troop leader Wendy Uhrich, Girl Scout Troop 1652, has requested that Mayor Quam proclaim the week of March 11 - 17, 1990 as Girl Scout Week. Members of the troop will be present at the March 12, 1990 Council meeting to receive this proclamation. The members are: Tamara Anderson Molly Chirico Jolene Glaser Melanie Groten Christinne Nagel Christen Nickerson Kelli Olson Elizabeth Plonskie Elizabeth Uhrich • Recommendation: Present the proclamation proclaiming March 11 -17, 1990 Girl Scout Week to Girl Scout Troop 1652. Basis for Recommendation: 1. The troop has requested this recognition and will be present at the March 12, 1990 Council meeting. Alternative Recommendation: 1. None Discussion /Decision Mode: This item is scheduled under Presentations on the March 12, 1990 City Council agenda. JDP /eja n U Respectfully submitted, Ja D. Prosser Ci y Manager Ll 0 17-j PROCLAMATION Greater Minneapolis Girl Scout Council 5601 Brooklyn Blvd. Minneapolis, MN 55429 -3074 (612) 535 -4602 WHEREAS: Girl Scouts of the United States of America recognizes that today's girls will be tomorrow's leaders; and WHEREAS Girl Scouts of the United States of America is the largest voluntary organization for girls in the world and draws upon a large resource of positive adult role models; and WHEREAS: The Girl Scout Movement continues to emphasize leadership and personal and career development for girls; and WHEREAS: Our community and world will be the ;direct beneficiaries of the skilled _young women who are Girl Scouts; NOW, THEREFORE, I, , THE P14 YOR OF DO HEREBY PROCLAIM THE WEEK OF MARCH 11 -11, 1990 TO BE IN Mayor • GIRL SCOUT WEEK :�'ri ,�nrrn :vav