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2-13-89 agenda• CITY OF RICHFIELD, MINNESOTA Council Letter No. 41 Agenda: February 13, 1989 Issue Statement: Annual Meeting of the Richfield-Bloomington Watershed Management Organization (WMO). Background: The Richfield-Bloomington Watershed Management District was formed in 1984 to coordinate our storm water management planning as mandated by the State of Minnesota. In order to maintain local control, Richfield decided to form their own Watershed Management District with-Bloomington (see attached boundary map) rather than join an existing Watershed Management District. The fifth annual organizational meeting will be held on Monday, February 13, 1989 at 5:30 PM in the Richfield City Council Chambers, 6700 Portland Avenue South. The agenda for the meeting is attached. It includes election of officers and discussion of the Watershed Management Plan. Recommended Motion: This council letter is for informational purposes; no formal action is necessary as a City Council. However, the attached agenda indicates there is some action required of the Board of • Commissioners at the February 13 meeting. Basis of Recommendation: 1. The Richfield-Bloomington Watershed Management District Board of Commissioners are to hold an annual meeting each year at a time and place determined by the Chairman. 2. The meeting has been scheduled on the first available date for all parties and at a time to allow all parties to attend other meetings later in the evening. Alternative Recommendation: None. Discussion/Decision Mode: The annual meeting of the Board of Commissioners for the Richfield-Bloomington WMO will be held at 5:30 PM, Monday, February 13, 1989, in the Richfield City Council Chambers. e ully submitted, James D. Prdssei? City Manager . JDP/eja Attachments: Boundary Map for Richfield-Bloomington WMO Agenda for Fifth Annual Meeting u cJ JOINT tIOWERS ,REEMENT BETWEEN RICHFIELD a BLOOMINGTON 0 ' • t W tl ? N WN ? 1• • V MINNEHAHa• CREEK WATERSHEd. DISTRICT 176TH ST. RICHF•IE 8 L l 1 I 1 86TH STJ 0TH ST. I I 1 CH J? N P/?AK N 4 STUN) PAW 1 71'n czb CA I ff? 1 I 1' 6OMINGTOIN ?? SMITH PAAK PONo C i I NINE MILE WATERSHED • 71 !FREEK DISTRICT 11 1• • 11 woll 00*1 / WRIGHT'S LAKE ?,. "'T -,- i -? EXISTING I U 1 STORM SEWEI M. A. C. PROPERTY 1 ? S t r ? it PROPOSED 'A comic i • :! . " *\ BOUNDARY / Is r ? . - --- a• = P • • OQ ?*r S ° Q `DRAINAGE OIVIOE • CITY OF RICHFIELD, MINNESOTA Council Letter No. 40 Agenda February 13, 1989 Issue Statement: Confirmation of Council liaison appointments for 1989. Background: Members of the City Council represent the City on a variety of boards and commissions. A list of the liaison appointments, as previously discussed by the council, is attached. Recommended Motion: Confirm the Council liaison appointments for 1989. Basis for Recommendation: 1. It is necessary for Council Members to serve in liaison capacities. 2. Council Members have reviewed the liaisons. • Alternative Recommendation: 1. Defer the appointments until a future council meeting. Discussion/Decision Mode: This item has been placed on the February 13, 1989 City Council agenda for Council consideration. lly submitted, ames D. Prosser ity Manager JDP/ej a is COMMISSION-LIAISON APPOINTMENTS •AGENC,`Y 1988 LIAISON 1989 LIAISON ASSOC. METRO MUNICIPALITIES (AMH) Steve Quam Steve Quam one representatiave, ore alter. Edwina Garcia, Alt. Ivan Ludeman, Alt. Meets: Annual Mtg. + Various CATV CC WISSION James Prosser, Dir. James Prosser, Dir. Two directors, two alternates Ivan Ludeman, Dir. Ivan Ludemann, Dir. Meets: First Wednesday, 7:30 P.M. Steve Quam, Alt. Steve Quam, Alt. January-April-June-October Steven Devich, Alt. Steven Devich, Alt. LEAGUE OF MINNESOTA CITIES (LMC) Ivan Ludeman, Rep. One representative, one alternate Edwina Garcia, Alt. Meets: Annual Mtg. June + Various MASAC Edwina Garcia, Rep. Two representatives, two alter. Dan Priebe, Rep. Meets: Fourth Tuesday, 7:30 P.M. Michael Sandahl, Alt James Prosser, Alt. .NOISE RICHFIELD SCHOOL DISTRICT One delegate, one alternate Meets: First and Third Man., 7:00 P.M. Michael Sandahl, Rep. Steve Qum, Rep. Edwina Garcia, Alt. Edwina Garcia, Rep. Doan Priebe, Rep. Michael Sandahl, Rep. James Prosser, Alt. Steve Quam, Del. Steve Quam, Del. Michael Sandahl, Alt. Miohael'Sandahl, Alt. STOREFRONT/YOUTH ACTION, INC. Steve Quam, Lia. Jack Erskine, Lia. One liaison, one alternate Jack Erskine, Alt. Ivan Ludeman, Alt. Meets: Fourth Tuesday, 7:30 A.M. SUBURBAN RATE AUTHORITY Michael Sandahl, Dir. Michael Sanda hl, Dir. One director, one alternate James Prosser, Alt. James Prosser , Alt. Meets: As Needed ADVISORY BOARD OF HEALTH One liaison, one alternate Meets: Third Monday, 7:00 P.M. Martin Kirsch, Lia. Martin Kirsch, Lia. Edwina Garcia, Alt. Edwina Garcia, Alt. • AGENCY COMMUNITY SERVICES ADVISORY COMMISSION One liaison, one alternate Meets: Second Tuesday, 7:00 P.M. 1988 LIAISON 1989 LIAISON Michael Sandahl, Lia. Edwina Garcia Ivan Ludeman, Alt. Ivan Ludeman, Alt. ENEFGY AWARENESS ADVISORY COMMISSION Edwina Garcia, Lia. Michael Sandahl, Lia. One liaison, one alternate Michael Sandah-1, Alt. Edwina Garcia, Alt. Meets: Third Tuesday, 7:00 P.M. HUMAN RIGHTS COMMISSION Steve Quam, Lia. Steve Quam, Lia. One liaison, one alternate Edwina Garcia, Alt. Edwina Garcia, Alt. Meets: First Tuesday, 7:00 P.M. HUMAN SERVICES COMMISSION Martin Kirsch, Lia. Martin Kirsch, Lia. One liaison, one alternate Ivan Ludeman, Alt. Steve Quam, Lia. Meets: Second Thursday, 4:30 P.M. PLANNING COMMISSION Martin Kirsch, Lia. Martin Kirsch, Lia. One liaison, one alternate Edwina Garcia, Alt. Edwina Garcia, Alt. • Meets: Fourth Tuesday, 7:30 P.M. SISTER CITY INTERNATIONAL James Prosser, Lia. One liaison, one staff member Steve Quam, Alt. Meets: Second Thursday, 7:00 P.M. Steve Quam, Lia. James Prosser, Lia. • CITY OF RICHFIELD, MINNESOTA Council Letter No. 39 Agenda February 13, 1989 Issue Statement: Appointment of persons to various advisory boards and commissions. Background: Several terms on city board and commissions expired January 31, 1989. In addition, some commissions have vacancies resulting from resignations. Vacancies were advertised in the Richfield Sun Current and the Your City & Schools newspaper. Applicants were interviewed by the City Council on January 30 and February 7, 1989. A list of the appointments to be made is attached to this council letter. Recommended Motion: Appoint members to fill the terms on the various boards and commissions. Basis for Recommendation: 1. Terms of members expired on January 31. In order to assure quorums for future meetings, appointments should be made at this time. Alternative Recommendation: 1. Defer appointments to a later date. This could result in some commissions not having quorums for future meetings. Discussion/Decision Mode: This item has been placed on the February 13, 1989 council agenda for council consideration. tf4lly submitted, ames D. Pros r ity Manager JDP/eja 0 COMMISSION APPLICANTS 1. ADVISORY BOARD OF HEALTH - SIX ADULT APPOINTMENTS ONE STUDENT LIAISON APPOINTMENT SIX TERMS ARE FOR TWO YEARS, EXPIRING JANUARY 31, 1991. JANUARY 31, 1990 (STUDENT) 2. CIVIL SERVICE COMMISSION - ONE APPOINTMENT APPOINTMENT FOR A THREE-YEAR TERM EXPIRING JANUARY 31, 1992 • 3. COMMUNITY SERVICES COMMISSION - THREE APPOINTMENTS THREE APPOINTMENTS ARE THREE YEARS JANUARY 31, 1992 JANUARY 31, 1992 JANUARY 31, 1992 4. ENERGY AWARENESS COMMISSION - THREE APPOINTMENTS ALL APPOINTMENTS ARE FOR THREE YEARS, EXPIRING JANUARY 31, 1992 5. HUMAN RIGHTS COMMISSION FOUR ADULT APPOINTMENTS TWO STUDENT LIAISON APPOINTMENTS THREE APPOINTMENTS ARE FOR THREE YEARS, EXPIRING JANUARY 31, 1992; ONE APPOINTMENT TO FILL A TERM EXPIRING JANUARY 31, 1991; TWO STUDENT TERMS OF ONE YEAR. JANUARY 31, 1992 JANUARY 31, 1992 JANUARY 31, 1992 JANUARY 31, 1991 JANUARY 31, 1990 JANUARY 31, 1990 6. HUMAN SERVICES COMMISSION - THREE APPOINTMENTS ALL TERMS ARE FOR THREE-YEARS, E XPIRING JANUARY 31, 1992 • 7. PLANNING COMMISSION - THREE APPOINTMENTS TERMS ARE THREE YEARS, EXPIRING JANUARY 31, 1992. 8. SISTER CITY INTERNATIONAL - FOUR APPOINTMENTS THREE APPOINTMENTS ARE FOR THREE YEARS, WITH TERMS' EXPIRING JANUARY 31, 1992. ONE IS TO FIL L AN UNEXPIRED TERM OF JANUARY 31, 1990. JANUARY 31, 1992 JANUARY 31, 1992 JANUARY 31, 1992 JANUARY 31, 1990 0 9. SOUTH HENNEPIN HUMAN SERVICES COUNCIL - TWO APPOINTMENTS TWO APPOINTMENTS FOR TWO YEAR TERMS WHICH WILL EXPIRE JANUARY 31, 1991 0 0 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 38 Agenda February 13, 1989 Issue Statement: Resolution amending the Letter of Understanding between the City of Richfield and James D. Prosser, City Manager, adjusting compensation. Background: Mayor Quam.has requested that a resolution adjusting the compensation of the City Manager be placed on the February 13, 1989 City Council agenda. The current salary of $67,410 was effective September 1, 1987. Other benefits date back to September 1, 1986, when the current City Manager was appointed to the position. Attached to this letter is a copy of a resolution that would establish a yearly salary of $71,510, which is a 6% increase over the present rate. In addition, the City Manager's annual vacation would be increased by one week per year and the cap on accumulated leave would be removed. Recommendation: None. Discussion/Decision Mode: This is placed on the February 13,. 1989 agenda for Council consideration. ly submitted, James D. Prosser City Manager JDP:sae 0 RESOLUTION NO. RESOLUTION AMENDING THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The following sections of the Letter of Understanding between the City of Richfield, Minnesota and James D. Prosser, dated July 14, 1986, is amended as follows: Section 5, Salary: Employer agrees to pay employee for his services rendered pursuant here to an annual base salary of $71,510, effective September 1, 1988, payable in installments at the same time as other employees of the employer are paid. In addition, employer agrees to increase said base salary and/or other benefits of employee in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of said employee on or about August 31 of each year. Section 11, Vacation, Personal Leave and Military Leave, Sub-Paragraph A: As an inducement to employee him and to become City Manager, at signatures hereof, employee shall be credited with eighteen (18) days of vacation leave and six days of personal leave. Thereafter, employee shall accrue and have credited to his personal account, vacation and personal leave at the same rate as other management employees of the employer provided, however, that commencing January 1, 1989, the City Manager shall accrue five additional days of vacation per year and there shall be no maximum accrual leave cap applicable to the City Manager's vacation leave account. Passed by the City Council of the City of Richfield, Minnesota, this 13th day of February, 1989. Steve Quam Mayor ATTEST: Thomas P. Ferber City Clerk LI CITY OF RICHFIELD, MINNESOTA Council Letter No. 37 Agenda, February 13, 1989 Issue Statement: Consideration of a zoning ordinance amendment permitting a restaurant drive-up service window and associated facilities to be located between 60 and 150 feet from residentially zoned property provided certain performance criteria are met. Background: The zoning ordinance was amended several years ago to preclude restaurant drive-up service windows within 150 feet of residentially zoned property. This was apparently a response to problems, especially noise, with respect to existing restaurant operations. In November, 1988, petitioner Ray Tharp, was granted a conditional use permit for a restaurant at 6529 Penn Avenue, but a drive-up service window could not be approved because of its proximity to residentially zoned property. In response, petitioner submitted a proposed amendment which would permit drive-up service windows to be located from 60 to 150 feet from residentially zoned property provided certain mitigating conditions are met. • The proposed amendment and the revised Planning Commission version are attached with the new language underlined. Any change would be considered as a general amendment to the zoning ordinance applicable throughout the City and not as a response solely to the Arby's situation. Recommended Motion: Approve first reading of the ordinance amendment in the form recommended by the Planning Commission. Basis of Recommendation: 1. The Planning Commission unanimously recommended approval of the revised amendment. 2. The current ordinance does not deal with the order board of any exterior loudspeaker system which is the major source of noise. 3. The utilization of a telephone or push button type system should significantly reduce the noise generated by a drive- up window. 4. A secondary impact is headlight glare while in a stacking lane and buffering or screening will lessen such impact. 5. The existing 150 foot requirement precludes the utilization of lots which are normally 135 feet in depth if such are backed up against residentially zoned property. 6. There is secondary noise which may result from the drive-up service window operation such as car radios, car engine noise and people congregating around cars. The Department of Public Safety has indicated that this may be more significant with drive-up businesses and is of concern. Alternative Recommendation: The amendment may be denied on the basis that the existing ordinance works well by offering a significant distance buffer and is easy to administer. Discussion/Decision Mode: First reading of a zoning ordinance amendment for a drive-up window location is scheduled for February 13, 1989. The Council should schedule the public hearing and second reading of the ordinance amendment for February 27, 1989. F fully bmitted, . Prosser nager JDP:sae • 0 Petitioner's Proposed Amendment 0 520.21. Hotels motels restaurants and cafes. Subd. 10. Conditional use permits: special case. The city council shall not approve a conditional use permit for a restaurant with a drive-up service window located within 150 feet of any residentially zoned property. The council, however, shall approve such a conditional use permit if the drive-up service window is located at least 60 feet of any said residentially zoned property and satisfies the following conditions: 1. Order taking is conducted either directly or through non amplifying sound equipment that is located outdoors 2. The drive-up stack up lane is designed in such a way • that it is either parallel to or driving away from said abutting residentially property. The term "residentially zoned property" shall include any planned unit development which contains residence within it. 0 ,3?'-'-? PLANNING COMMISSION RECOMMENDED AMENDMENT 520.21. Hotels motels restaurants and cafes. Subd. 10. Conditional use permits: special case. The City Council shall not approve a conditional use permit for a restaurant with a drive-up service window if the drive-up service window, nor the order station nor an exterior loudspeaker is located within 150 feet of residentially zoned property, unless the City Council specifically makes all of the following findings: (a) neither the drive-up window, nor the order station, nor an exterior loudspeaker is within 60 feet of any residentially zoned property; (b) order taking and order confirmation are conducted either by direct voice communication or through other means not utilizing sound amplification; and (c)_ A required buffer or screening area will be so constructed as to obstruct headlight beams of automobiles in the vehicle stacking lane from beaming onto adjacent residential property. It shall be a required condition of the conditional use permit that the drive-up window activity be maintained in a manner consistent with such findings The terms "residentially zoned property" shall include any planned unit development which contains residences within it. 2000 First Bank PhDs West Minneapolis Minnesota 66402 Telephone (612) 3334W Telecopier (612) 33:14640 J. Dennis O'Brien John E. Drewz David J. Kennedy Joseph E. Hamilton John B. Dun Glenn E. Purdue Richard J. Schieffor Charles L. LeFevers James J. Thomson, Jr. Thomas R. Galt Steven 6. Schmidt John G. Kreseel James M. Btrommen Ronald H. Batty W lNarn P. Jordan William R. Skelierud "no A. Heine IIW D. Beaudoin Steven M. Taller Mary Frances Skala Leslie M. Altman Timothy J. Powlenty Rolf A. Sponheim Julia A. Bergh Darcy L. Hltesman David C. Roland Karen A. Chamerilk Paul D. Beertachl Arden Fritz UFO= Lefler Kennedy O'Brien & Drswz . Profaaional Mwciauon January 18, 1989 Mr. Byron Wallace Director, Community Development Department City of Richfield 6700 Portland Ave., S. Richfield, MN 55423 Re: Richfield Ordinance Code 5 520.21, subd. (Drive-up restaurant service windows) Dear Byron: 10 Approximately two years ago, the City 'Council amended Section 520.21 regulating conditional use permits for restaurants. The amendment added subdivision 10 which precluded the granting of a conditional use permit for a restaurant having drive-up windows if the window was located within 150 feet of residentially zoned property. The amendment was the result of complaints from residents concerning problems experienced by them, resulting from the location of drive-up windows in close proximity to residential property. The complaints involved issues such as noise, litter and headlight glare. Clayton L. Wavers, Retired Herbert P. Lefler, Retired 0 The enactment of the subdivision was a reasonable response to land use concerns and was entirely within the legislative discretion of the Council. The Council's determination that 150 feet was an appropriate separation would most likely be sustained by a reviewing court. Since the enactment of subdivision 10, at least two property owners have requested relief from its limita- tion. in the first instance, the property owner had requested that the City grant a variance which would significantly reduce the required 150 foot separation. in a written opinion letter to you, we concluded that the requested variance amounted to a "use variance" which is forbidden under Minnesota Statutes, Section 462.357, subd. 6. Mr. Byron Wallace January 18, 1989 • page 2 In the second instance, the owner has requested that subdivision 10 be amended in such a way as to permit the issuance of a conditional use permit for a restaurant with a drive-up window on his property. The requested amendment involves, in essence, a narrowing of the separation. The narrowing is accomplished by breaking the 150-foot separation into two zones. The first zone is within 60 feet of the residential property. No drive-up window may be located within this zone. The second zone lies outside the first zone and extends for an additional 90 feet. Drive-up windows may be located in this zone if certain standards are met. You have asked for my comments on this proposal. The existing subdivision 10 has served the City well. The limitation is clear and absolute, it is easy to administer, property owners understand what they cannot do, and the occupants of adjacent residential property receive a significant measure of protection. In short, it accomplishes legitimate land use objections. • The proposed amendment would introduce potentially annoying activities into the "clear zone" contained in the present ordinance. In reviewing the proposed amend- ment, the inquiry of the Planning Commission and the Council should be whether the proposed amendment also accomplishes those objectives. If it does not, it should not be considered. If it does, then the Council still has the discretion of adopting the amendment or retaining subdivision 10 in its present form. From a planning standpoint, both the Planning Commission and the Council should consider whether a separation of not more than 60 feet is a sufficient buffer from those bothersome elements of a drive-up window activity which an ordinance really can never control, such as noise from the stacked vehicles (mufflers, radios, occupants). Further, consideration should be given to whether the mitigative features contained in the proposed amendment (applicable to the 60-150 foot zone) are sufficient. Without attempting to prejudge how these matters will be resolved, I have made some modifications to the proposed amendment. These modifications are intended to address what appeared to me to be weaknesses in the proposal. A copy of my draft is attached. r: . _? / Mr. Byron Wallace January 18, 1989 • Page 3 The Planning Commission and the Council may also wish to consider the possibility of a twos-prong approach to this subject. That approach would be to control the undesir- able elements of the drive-up activity both through the CUP and through licensure. This approach is similar to the approach which we use with auto detailing establish- ments. Respectfull yours, h B. Dean J :rsr Enclosure 0 0 M SvW. 10. Conditional Use Pewit -- Special came. The City Council shall not approve a conditional use permit for a restaurant with a drive-up service window if the drive-up service window, or the order station, or the drive-up window vehicle stacking lane is located within 150 feet of residentially zoned property, unless the City Council specifically makes all of the following findings (a) neither the drive-up window, nor the order station, nor the vehicle stacking lane are within 60 feet of any residentially zoned property; (b) order taking and order confirmation are conducted either by direct voice communication or through other means not utilizing sound amplification; • (c) the drive-up vehicle stacking lane is designed so that vehicle headlights will not cast light upon or toward residential property; and (d) the drive-up service window will not be in operation between the hours of and It shall be a required condition of the conditional use permit that the drive-up window activity be maintained in a manner consistent with such findings. The term "residentially zoned property" shall include any ,planned unit development which contains residences within it. SUSD10.E14 0 • • CITY OF RICHFIELD, MINNESOTA Council Letter No. 36 Agenda, February 13, 1989 Issue Statement: Award of Contract for Cleaning and Painting in the Water Softening Unit at the Water Plant. Background: The approved 1989 Water Maintenance Budget contains $25,000 for painting the accelator structural steel and ceilings in the accelator room and filter wing at the Water Plant. This estimate was given to staff by a reputable painting contractor to include in the 1989 budget. The steel in the Softening Unit is 24 years old and has not been completely painted since construction. Some corrosion of the steel is occurring and, if not painted, serious damage could result. A formal bid opening was held on Friday, January 13, 1989 with the following results: VENDOR Swanson-Youngdale, Inc. H & H Watertower, Inc. JMG Contracting TMI Coatings, Inc. Technical Applicators Allied Painting Odland Protective Coatings AMOUNT $52,180 - w/exception $54,480 $56,900 $59,120 $69,800 $70,000 $76,224 Recommended Motion: 1. Approve the bid minutes/tabulation. 2. Reject the bid of Swanson-Youngdale, Inc. because of the exception. 3. Award a contract to H & H Watertower, Inc. in the amount of $54,480. Basis of Recommendation: 1. H & H Watertower, Inc. submitted the low bid, meeting all specifications for the work. Swanson-Youngdahl, Inc. did not include a specified two year guarantee with their bid. 2. The originally budgeted amount of $25,000 did not include the thorough sandblasting process or the ceiling of the filter wing. Staff believes that H & H Watertower's bid is a reasonable reflection of the cost to perform this work. 3. The revised 1989 budget will reflect the change. ,b • Alternative Recommendation: Council may choose to reject all bids and instruct staff to obtain new bids; however, staff does not believe we can obtain a better price for this work from a reputable contractor. Discussion/Decision Mode: The contract documents specify a starting date of March 1, 1989. Staff is asking for Council approval at this time in order to facilitate timely processing of necessary paperwork. lly submitted, James D. Prosser City Manager JDP/ej a 40 CITY OF RICHFIELD, MINNESOTA Bid Opening January 13, 1989 • 11:00 A.M. Cleaning and Painting in the Water Softening Unit at the Water Treatment Plant C.B. 89-1 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for cleaning and painting in the water softening unit at the Water Treatment Plant, as advertised in the official newspaper on December 28, 1988. Present: Thomas Ferber, City Clerk Donald Fondrick, Community S ervices Director Eileen Anderson, City Manage r Representative The following bids were submitted and read aloud: i BID VENDOR i SECURITY i AMOUNT I I Allied Painting J 5% Bond I $ 70,000.00 J Stillwater I I H& H inlatertower, I I Inc. J 5% Bond J I $ 54,480.00 J Sleepy Eye I T.M.I. Coatings I I St.Paul I 5% Bond I I $59,120.00 J JMG Contracting I (BY PHONE REQUESTED WITHDRAWAL OF BID) J I I J Odland Protective I I Coatings,] I i J I Inc. Blaine I 5% Bond J $76,224.00 J I I Swanson-Youndale I Mpls. J 5% Bond I $52,180.00 I I I ? I Technical Applicators ( I I I I Burnsville i I 5% Bond I I I $69,800.00 J I * exception does not include two year warranty The City Clerk announced that the bids would be tabulated and considered at the January 23, 1989 City Council Meeting. Thomas P. Ferber City Clerk . CITY OF RICHFIELD, MINNESOTA Council Letter No. 35 Agenda: February 13, 1989 Issue Statement: Award of contract for Redevelopment of Well #2. Background: The approved 1989 Water Maintenance budget contains $45,000 for the redevelopment of Well #2. This work is being done in order to provide better and more consistent water supply for residents. The work will consist of removing approximately 250 yards of sandstone, then test pumping at a level of approximately 2,500 gallons per minute. The bids are based upon estimated quantities of sand removal and test pumping. We expect final quantities to be less than estimated, so the final cost should be close to the $45,000 estimate. Four bids were received at a formal bid opening on January 31, 1989 as follows: Layne Minnesota Company $61,450 Keys Well Drilling Company $59,750 Bergerson-Caswell, Inc. $58,000 • E.H. Renner & Sons, Inc. $56,950 Recommended Motion: Award a contract for the redevelopment of Well #2 to E.H. Renner & Sons, Inc. in the amount of $56,950. Basis of Recommendation: 1. E.H. Renner & Sons, Inc. met all specifications as written. 2. This company has done work for Richfield before and are most capable of performing the required work in the specified time limit. Alternative Recommendation: Council could choose to reject all bids and instruct staff to obtain new bids; however, the project would not be completed before the heavy pumping season. Discussion/Decision Mode: Staff is requesting approval at this time in order to facilitate necessary paperwork and assure timely completion of this project. F ully submitted, Pros er ager JDP/ej a CITY OF RICHFIELD, MINNESOTA Bid Opening January 31, 1989 11:00 A.M. Well No. 2 Development and Appurtenant Work for the City of Richfield Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for well no. 2 development and appurtenant work for the City of Richfield, as advertised in the official newspaper on January 18, 1989. Present: Thomas Ferber, City Clerk Steve Devich, Administrative Services Director Shirley Evenson, City Manager Representative • The following bids were submitted and read aloud: VENDOR BID SECURITY TOTAL Keys Well Drilling St. Paul 5% Bond $59,750 E. H. Renner & Sons Elk River 5% Bond $56,950 Bergerson Caswell Maple Plain 5% Bond $58,000 Layne Minnesota Minneapolis 5% Bond $61,450 The City Clerk announced that the bids would be tabulated and considered at the February 13, 1989 City Council Meeting. Thomas P. Ferber City Clerk n U CITY OF RICHFIELD, MINNESOTA Council Letter No. 34 Agenda, February 13, 1989 Issue Statement: Purchase of a Greensmower for Rich Acres Golf Course in Excess of $5,000. Background: One fully depreciated greensmower purchased Course is scheduled to be replaced in 1989. in the adopted budget for the central garage Four written quotations were received: Lesco Company - Lesco 300 Greensmower with reels & front rollers North Star Turf, Inc. - Jacobson Greensking IV with reels & rollers M.T.I. - a) Toro Greensmaster 3000 with reels & rollers • b) Toro Greensmaster 3000 with no cutting units in 1980 by the Golf $7,000 is included for this purpose. $8,445 $8,565 $9,395 $7,099 The fully depreciated unit, a Toro Greensmaster, was appraised at from $1,000 to $1,200. The condition of this unit requires replacement at this time. Recommended Motion: Approve the purchase of a Toro Greensmaster 3000 without cutting units from M.T.I. for a total of $7,099; and keep the fully depreciated unit as a spare. Basis of Recommendation: 1. The three greensmowers presently owned by the City and used at the golf course are made by Toro. Parts of the existing equipment would be interchangeable with the new machine. 2. The depreciated unit could serve as a backup mower in the event of breakdowns while mowing greens. 3. The cutting units from the depreciated mower could be mounted on the new mower. To save a great deal of time, the old mower could be used during aerating process without constantly switching attachments. • Alternative Recommendation: Council may choose to reject all quotations and instruct staff to rebid, using the old unit for trade-in. Discussion/Decision Mode: This item is on the February requesting approval at this delivery of the new unit. 13, 1989 consent calendar. Staff is time in order to facilitate timely lly submitted, ames D. Prosser ity Manager JDP/ej a • 0 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 33 Agenda: February 13, 1989 Issue Statement: Sale of Four V-Plows. Background: Four old V-plows are currently a inventory. These plows are over incompatible for use with any of ran an advertisement offering th, bid opening on January 26, 1989, part of the Central,Garage 25 years old and are our current equipment. Staff a plows for sale, and in a formal we received one bid as follows: Tri-State Tree Service, Inc. $330 Recommended Motion: Approve the sale of four V-plows to Tri-State Tree Service, Inc. for the sum of $330. Basis of Recommendation: 1. The plows are not any use to our operation and are merely occupying valuable storage space. 2. The only other party that indicated any interest in the plows was our scrap iron man,.who offered $20 a piece for • them. Alternative Recommendation: None. Discussion/Decision Mode: This item is on the consent calendar for February 13, 1989. Staff is requesting approval at this time. y submitted, JDP/e j a ames D. Pross r ity Manager 0 • CITY OF RICHFIELD, MINNESOTA Bid Opening January 26, 1989 11:00 A.M. Sale of Four (4) V-Plows Bid No. C.B. #89-2 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for sale of four (4) V-plows, bid no. C.B. #89-2, as advertised in the official newspaper on January 11, 1989. Present: Thomas Ferber, City Clerk Steve Devich, Administrative Services Director Cheryl Krumholz, City Manager Representative Randy Hughes, Operations Coordinator 0 The following bids were submitted and read aloud: VENDOR BID TOTAL SECURITY Tri-State Tree Service, Inc $16.50 Farmington (cash) $330.00 The City Clerk announced that the bids would be tabulated and considered at the February 13, 1989 City Council Meeting. Thomas P. Ferber City Clerk -4_J • CITY OF RICHFIELD, MINNESOTA Council Letter No. 32 Agenda: February 13, 1989 Issue Statement: Purchase of Heavy Trucks for Use by Community Services Divisions. Background: A dump truck and a flush truck unit presently owned by the Central Garage are scheduled to be replaced in 1989. Purchase of new vehicles has been coordinated with the Hennepin County bid process. The trucks are being purchased as a cab and chassis only. The dump box and flusher unit will be purchased separately. The lowest responsible bidder for the tandem dump truck cab chassis was Lakeland Ford Truck Sales at a cost of $49,750.57. The lowest responsible bidder for the dump body and hydraulics for this truck was Midland Equipment at a cost of $7,823. Truck and dump body costs total $57,573.57. The Central Garage budget contains $75,000 for the purchase of this vehicle. A plow and underbody will need to be bid and purchased with the remaining funds to complete this unit. The lowest responsible bidder for the single axle 35000 GVW cab and chassis was Boyer Trucks at $35,644. The Central Garage • budget contains $68,900 for this purchase. The flusher unit will need to be bid and purchased out of the remaining funds. Recommended Motion: Purchase a Ford LT8000 tandem truck cab-chassis from Lakeland Ford in the amount of $49,750.57, and the dump body and hydraulics to Midland Equipment in the amount of $7,823; purchase a single axle Ford L8000 cab chassis from Boyer Truck in the amount of $35,644. All of the units will be purchased through the Hennepin County purchasing agreement, contract #9539. Basis of Recommendation: 1. Several dealers of heavy trucks were requested to bid the County's predetermined specifications. Of the bids submitted, the above vendors were the lowest responsible bidders. 2. Bids are within the budgeted amount for these units. Alternative Recommendation: Council may choose to reject these bids and request staff to obtain bids from other sources in an attempt to receive a lower purchase price. However, staff does not believe we can obtain better prices from a responsible manufacturer. 0 Discussion/Decision Mode: The purchase price is guaranteed through February 24, 1989; therefore, in order to take advantage of the low bids, staff is requesting approval of the purchase of these vehicles at the February 13, 1989 Council meeting. ly submitted, ttf es D. Prosser ty Manager JDP/ej a 0 0 ?? • CITY OF RICHFIELD, MINNESOTA Council Letter No. 31 Agenda, February 13, 1989 Issue Statement: Purchase of unleaded gasoline in excess of $5,000. 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. The City of Richfield participates in joint purchasing with Hennepin County. Rollins Oil is the Hennepin County contractor for gasoline. However, on February 6, 1989, Kelley Fuels, Inc. quoted a lower per-gallon price for unleaded gasoline than the contractor (Rollins Oil) and the contractor was not willing to meet the lower price. Staff ordered unleaded gasoline from Kelley Fuels, Inc. at a savings of $164. Recommended Motion: Approve the purchase of 8,000 gallons of unleaded gasoline from Kelley Fuels, Inc. in the amount of $6,616. Basis of Recommendation: • 1. The City uses unleaded gasoline for operation of many vehicles. 2. The fuel has been delivered. 3. There is sufficient funding available for this purchase. Alternative Recommendation: None. Discussion/Decision Mode: This item is on the February 13, 1989 consent calendar of the City Council meeting. As the fuel has already been delivered, it is recommended action be taken at this time to facilitate payment. y submitted, D. Prose 7JaWm' City Manager JDP/e j a 1 J • CITY OF RICHFIELD, MINNESOTA Council Letter No.30 Agenda February 13, 1989 Issue Statement: Renewal of On-Sale Non-Intoxicating Malt Liquor License for Lariat Lanes, 6320 Penn Avenue. Background: The application for the renewal of the on-sale non-intoxicating malt liquor license has been submitted by Lariat Lanes. 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. John E. Powers is the new owner and manager of the establishment. Mr. Powers has no known criminal record. - During the previous twelve months there were nine public • safety contacts with Lariat Lanes. This compares with six contacts for the previous year. Of the nine contacts, three were of a criminal nature and one of these was a "bar-type" contact. Recommended Motion: Approve the renewal of the on-sale non-intoxicating malt liquor license for Lariat Lanes. Basis of Recommendation: 1. The applicant has complied with all of the provision of both the City code and State Statute pertaining to 3.2 beer licensing. 2. The applicant has demonstrated that the business is an asset to the community. 3. 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. Alternative Recommendation: 1. The Council could decide to continue the license renewal. If the renewal is continued, the Council must consider • granting an extension of the applicant's license to allow the applicant to continue to sell 3.2 beer until the license is reconsidered. 2. The Council could decide to suspend or revoke the license. Any suspension or revocation must, according to Minnesota State Statute 340A, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance pertaining to alcoholic beverages. The council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the public safety department that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The request for the renewal of this license has been placed on the consent calendar for February 13, 1989. stg-6tfully submitted, ames D. Prosser a KCity Manager • JDP:sae 0 r • CITY OF RICHFIELD, MINNESOTA Council Letter No. 29 Agenda February 13, 1989 Issue Statement: Renewal of On-Sale Non-Intoxicating Malt Liquor License for Kinhdo Restaurant, 6345 Penn Avenue. Background: The application for the renewal of the on-sale non-intoxicating malt liquor license has been submitted by Kinhdo Restaurant. 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. - Ms. Jennifer Bui continues to be the owner and manager of the restaurant. - During the previous twelve months there were eight public • safety contacts with Kinhdo Restaurant. This compares with ten contacts for the previous year. Of the eight contacts, three were of a criminal nature and none of these was a "bar-type" contact. Recommended Motion: Approve the renewal of the on-sale non-intoxicating malt liquor license for Kinhdo Restaurant. Basis of Recommendation: 1. The applicant has complied with all of the provision of both the City code and state statute pertaining to 3.2 beer licensing. 2. The applicant has demonstrated that the business is an asset to the community. 3. 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. Alternative Recommendation: 1. The Council could decide to continue the renewal. If the license renewal is continued, the Council must • consider granting an extension of the applicant's license to allow the applicant to continue to sell 3.2 beer until the license is reconsidered. LJ 2. The Council could decide to suspend or revoke the license. Any suspension or revocation must, according to Minnesota State Statute 340A, be based upon a finding that the licensee has failed to comply with an applicable statute,. rule or ordinance pertaining to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the public safety department that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The request for the renewal of this license has been placed on the consent calendar for February 13, 1989. rmes?D. lly submitted, ? Prosse r ger 40 JDP:sae 0 q? 4? . CITY OF RICHFIELD, MINNESOTA Council Letter No. 28 Agenda February 13, 1989 Issue Statement: Renewal of On-Sale Non-Intoxicating Malt Liquor License for Godfather's Pizza, 2 West 66th Street. Background: The application for the renewal of the on-sale non-intoxicating malt liquor license has been submitted by Godfather's Pizza. 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. Michael Kling is the manager of the restaurant. Mr. Kling has no known criminal record. During the previous twelve months there were seven public • safety contacts with Godfather's Pizza. This compares with three contacts for the previous year. Of the seven contacts two were of a criminal nature and neither was a "bar-type" contact. Recommended Motion: Approve the renewal of the on-sale non-intoxicating malt liquor license for Godfather's Pizza. Basis of Recommendation: 1. The applicant has complied with all of the provision of both the City code and State Statute pertaining to 3.2 beer licensing. 2. The applicant has demonstrated that the business is an asset to the community. 3. 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. Alternative Recommendation: 1. The Council could decide to continue the license renewal. If the renewal is continued, the Council must consider granting an extension of the applicant's license to allow 41 the applicant to continue to sell 3.2 beer until the license is reconsidered. 2. The Council could decide to suspend or revoke the license. Any suspension or revocation must, according to Minnesota State Statute 340A, be based upon a finding that the licensee has failed to comply with an applicable Statute, rule or ordinance pertaining to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The request for the renewal of this license has been placed on the consent calendar for February 13, 1989. ully submitted, James D. Prosser City Manager 0 JDP:sae l • CITY OF RICHFIELD, MINNESOTA Council Letter No. 27 Agenda February 13, 1989 Issue Statement: Renewal of On-Sale Non-Intoxicating Malt Liquor License for Airport Bowl, 7711 14th Avenue. Background: The application for the renewal of the on-sale non-intoxicating malt liquor license has been submitted by Airport Bowl. 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. - Ms. Doris White continues to be the owner and manager of the restaurant. During the previous twelve months there were 18 Public • Safety contacts with Airport Bowl. This compares with 12 contacts for the previous year. Of the 18 contacts, 13 were of a criminal nature and 6 of these were "bar-type" contacts. Recommended Motion: Approve the renewal of the on-sale non-intoxicating malt liquor license for Airport Bowl. Basis of Recommendation: 1. The applicant has complied with all of the provision of both the City code and State Statute pertaining to 3.2 beer licensing. 2. The applicant has demonstrated that the business is an asset to the community. 3. 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. Alternative Recommendation: 1. The Council could decide to continue the license renewal. If the license renewal is continued, the Council must • consider granting an extension of the applicant's license to allow the applicant to continue to sell 3.2 beer until the license is reconsidered. 2. The Council could decide to suspend or revoke the license. Any suspension or revocation must, according to Minnesota State Statute 340A, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance pertaining to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The request for the renewal of this license has been placed on the consent calendar for February 13, 1989. e ct ully submitted, a es D. Prosser C ? City Manager • JDP:sae 0 CITY OF RICHFIELD, MINNESOTA is Council Letter No. 26 Agenda February 13, 1989 Issue Statement: Renewal of On-Sale and Off-Sale Non-Intoxicating Malt Liquor Licenses for Sandy's Tavern, 6612 Penn Avenue. Background: The application for the'renewal of the on-sale and off-sale non- intoxicating malt liquor licenses have been submitted by Sandy's Tavern. The required license fees have 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. - Ms. Debra J. Erickson continues to be the owner and manager of the establishment. Ms. Erickson has no known criminal record. • - During the previous twelve months there were four public safety contacts with Sandy's Tavern. This compares with eight contacts for the previous year. Of the four contacts only one was of a criminal nature and this contact involved an assault. Recommended Motion: Approve the renewal of the on-sale and off-sale non-intoxicating malt liquor licenses for Sandy's Tavern. Basis of Recommendation: 1. The applicant has complied with all of the provision of both the City code and State Statute pertaining to 3.2 beer licensing. 2. The applicant has demonstrated that the business is an asset to the community. 3. 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. Alternative Recommendation: 1. Continue the renewal request. If the renewal is continued, • the Council must consider granting an extension of the applicant's license to allow the applicant to continue to sell 3.2 beer until the application is again considered. 2. The Council could decide to suspend or revoke the license. Any suspension or revocation must, according to Minnesota State Statute 340A, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance pertaining to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The request for the renewal of this license has been placed on the consent calendar for February 13, 1989. y submitted, ames D. Prosser ity Manager • JDP:sae 0 7?S • CITY OF RICHFIELD, MINNESOTA Council Letter No. 25 Agenda February 13, 1989 Issue Statement: Renewal of On-Sale and Off-Sale Non-Intoxicating Malt Liquor Licenses for The Frenchman's, 1400 East 66th Street. Background: The application for the renewal of the on-sale and off-sale non- intoxicating malt liquor licenses have been submitted by The Frenchman's. The required license fees have 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. William Snyder continues to be the owner and manager of the establishment. Mr. Snyder has no known criminal record. • - During the previous twelve months there were nine public safety contacts with The Frenchman's. This compares with ten contacts for the previous year. Of the nine contacts only one was of a criminal nature and this contact involved an assault. Recommended Motion: Approve the renewal of the on-sale and off-sale non-intoxicating malt liquor licenses for The Frenchman's. Basis of Recommendation: 1. The applicant has complied with all of the provision of both the City code and State Statute pertaining to 3.2 beer licensing. 2. The applicant has demonstrated that the business is an asset to the community. 3. 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. Alternative Recommendation: 1. The Council could decide to continue the renewal. If the renewal is continued, the Council must consider • granting an extension of the applicant's license to allow the applicant to continue to sell 3.2 beer until the request can be conducted. 2. The Council could decide to suspend or revoke the license. Any suspension or revocation must, according to Minnesota State Statute 340A, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance pertaining to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The request for the renewal of this license has been placed on the consent calendar for February 13, 1989. submitted, • ames D. Prosser City Manager JDP:sae 0 ?,? • CITY OF RICHFIELD Council Letter No. 24 Agenda February 13, 1989 Issue Statement: Applications for Lawful Gambling Exemption for Fred Babcock VFW 5555 Cootie and Cootie Auxiliary located a 710 Lakeshore Drive. Background: On February 7, 1989 Fred Babcock VFW 5555 Cootie and Cootie Auxiliary submitted two applications for Lawful Gambling Exemption for 1989. They propose to sponsor no more that five gambling events each consisting of raffles and pulltabs. The VFW Cootie's are proposing one raffle and pulltab event to be conducted on March 17, 1989 at the Fred Babcock VFW 5555. This event is conducted to raise funds for V. A. Medical Centers, Veterans Homes and Nursing facilities throughout the state, as well as the V.F.W. National Children' Home. The Cootie Auxiliary has applied for a Lawful Gambling Exemption to conduct up to five events each year for the purpose of raising funds for many of the same causes as the V.F.W. Cooties. The Cootie Auxiliary has not set any definite dates for these events. They are proposing to conduct raffles only. • Richfield City Code requires these exemption requests be considered by the council. The Public Safety Department has conducted the required background investigation and has determined that the applicants have complied with all requirements and that neither gambling manager has any criminal record. The applicants have requested that the permit fee of $100.00 for each organization be waived. Recommended Motion: Approve the events and waive the $100 permit fee. Basis of Recommendation: 1. The applicants have complied with state statutes and the City code pertaining to lawful gambling. 2. The applicants have submitted their requests within 30 days of the requested events. 3. The applicants have demonstrated that these events benefit the community by conducting these events within the City. Alternative Recommendation: • 1. Pass a resolution disapproving one or both requests. However, staff has determined that there is no basis for this alternative. b 0 2. Not waive the permit fees. 3. Continue the request. This is not advisable since any continuance would be considered in less than 30 days of the requested events and any resolutions disapproving these requests could not be considered by the Charitable Gambling Control Board in accordance with Minnesota State Statutes 349. Discussion/Decision Mode: The request for the exemptions and waiver of the permit fees has been placed on the consent calendar for February 13, 1989. y submitted, ames D. Prosser ity Manager JDP:sae C?