12-12-88 agenda~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No - :32-0
Agenda December 12, l~l88
Issue Statement:
Council consideration of whether to hold the second council
meeting in December.
Background:
The second regularly scheduled council meeting in December falls
on Monday, December 26 which is a designated holiday. Therefore,
the council meeting would be held on Tuesday, December 27.
Traditionally, the council has cancelled this meeting.
Recommended Motion:
Consider whether to cancel the second council meeting in
December, 1988.
Basis for Recommendation:
1. No hearings or other pressing business is scheduled for that
meeting.
Alternative Recommendation:
1. Hold the council meeting on December 27.
Discussion/Decision Mode:
This item has been placed on the December 12 Council agenda for
discussion purposes so that if the meeting is cancelled, there is
adequate time to publicize this cancellation.
Respec ully submitted,
Jame D. Prosser
City Manager
JDP/eja
RESOLUTION NO.
RESOLUTION GIVING FINAL APPROVAL TO THE
ACQUISITION OF ROGERS CABLESYSTE1rLS OF THE
SOUTHWEST, INC., BY RBL CABLE, INC.
WHEREAS, the City of Richfield ~ Minnesota (the "City"),
granted a cable television franchise to Rogers Cablesystems of
Minnesota Limited Partnership ("RCMLP") pursuant to the City's
cable communications ordinance (the ordinance and the grant of
the franchise are referred to collectively as the "Franchise");
and
WHEREAS, RCMLP subsequently decided to dissolve and pursuant
to Amending Ordinance No. , the City approved the transfer
of the Franchise to Rogers Cablesystems of the Southwest, Inc.
("RCTSI"), which, upon the dissolution of RCMLP, will be the
grantee under the Franchise; and
WHEREAS, RCTSI is a wholly-owned subsidiary of Rogers U.S.
Cablesystems, Inc. ("RUSCI"), which in turn is a wholly-owned
subsidiary of Rogers Cablesystems of America, Inc. ("RCA"). RCA
is a wholly-owned subsidiary of RCA Cablesystems Holding Co.
("RCACH"), which in turn is a wholly-owned subsidiary of Rogers
U.S. Holdings, Limited ("RUSHL"), a wholly-owned subsidiary of
Rogers .Communications, Inc. ("RCI"); and
WHEREAS, KBL Cable, Inc. ("KBLC"), a Texas corporation and a
wholly-owned subsidiary of KBLCOM Incorporated ("KBLCOM"), has
agreed to acquire all of the issued and outstanding common stock
and all of the issued and outstanding preferred stock of RCACH;
and
WHEREAS, under the Franchise, the acquisition by KBLC of all
of RCACH's issued and outstanding common and preferred stock
constitutes a transfer by means. of a fundamental corporate change
with respect to ROACH and its subsidiaries, including RCTSI; and
WHEREAS, under the Franchise, any transfer of the Franchise
requires the approval of the City; and
WHEREAS, KBLC as the parent company of RCTSI, desires to
leave the Franchise in the name of RCTSI and, to the extent not
inconsistent with state or federal law, including the Cable
Communications Policy Act of 1984, to guarantee, unconditionally,
the full performance of all the obligations and commitments of
RCTSI under the Franchise and all other ordinances and
agreements between the City and RCTSI relating to the Franchise;
and
WHEREAS, RCI desires the City to release it and RUSHL from
any and all obligations and responsibilities relating to the
Franchise or to RCTSI's performance thereunder; and
WHEREAS, the Operating Committee of the Southwest Suburban
Cable Commission (the "SWSCC"), with the assistance of the Herbst
Law Firm, Ltd., and Don Richards Associates, has reviewed the
proposed acquisition by KBLC of the common and preferred stock of
ROACH (and the resulting acquisition of control over RCTSI) and
the legal, technical, financial and character qualifications of
KBLC and its parent company, KBLCOM; and
WHEREAS, reports and information regarding the
qualifications of KBLC and KBLCOM were prepared and the Operating
Committee presented these reports to the SWSCC so that a
recommendation could be made as to the acquisition of control by
KBLC over RCTSI; and
WHEREAS, on November 30, 1988, the SWSCC conducted a joint
public hearing on behalf of its member cities regarding KBLC's
acquisition of control over RCTSI and KBLC's request that the
Franchise remain in the name of RCTSI; and
WHEREAS, based on the reports and information of the
Operating Committee and the results of the joint public hearing,
the SWSCC found no reason to disapprove of the acquisition by
KBLC of control over RCTSI or of KBLC's request to leave the
Franchise in the name of RCTSI, and the SWSCC recommended to the
City that it approve said acquisition and request; and
WHEREAS, the City, after considering KBLC's technical
ability, financial condition, character and legal qualifications,
and based on the recommendation of the SWSCC, has found no reason
to disapprove of the acquisition by KBLC of the common and
preferred stock of RCACH (or the resulting acquisition of control
over RCTSI) , or of KBLC's request to leave the Franchise in the
name of RCTSI.
NOW, THEREFORE, be it resolved by the City Council of the
City of Richfield .
1. That the City hereby approves the acquisition by
KBLC of the common and preferred stock of ROACH (and the
resulting acquisition of control over RCTSI), and the
maintenance of the Franchise in the name of RCTSI, subject
to the following conditions:
a. Within ten days of the date KBLC acquires all
of the issued and outstanding common stock of ROACH,
KBLC and KBLCOM shall file with the City an executed
copy of a Consent Agreement and Guaranty of
Performance substantially in the form and substance of
Exhibit 1 attached hereto, along with an executed copy
of each document required by the Consent Agreement and
Guaranty of Performance (including, without limitation,
an opinion of legal counsel, certified articles of
incorporation of RCTSI, KBLC and KBLCOM, evidence of
insurance coverage as required by the Franchise,
RCTSI's letter of credit, and RCTSI's bond); and
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b. RCTSI shall have performed its obligations
under the Stipulation of Settlement and Release dated
1988, including, .without limitation,
the payment to SWSCC of $3.5 million; and
c. Subject to the terms of the letter agreement
dated October 17, 1988, between KBLC and the SWSCC,
KBLC shall reimburse the SWSCC (which, in turn, shall
reimburse its Member Cities, pro rata) for all
reasonable costs, expenses and professional fees
incurred as a result of the approval of KBLC's
acquisition of the common and preferred stock of ROACH
(and the resulting acquisition of control over RCTSI).
2. Effective only upon the performance by RCTSI and
KBLC of the conditions set forth in paragraph 1 hereof, the
city forever releases and discharges RCI and RUSHL from any
and all responsibilities, liabilities, claims and disputes,
known or unknown, related to or arising from the Franchise
or RCTSI's performance hereunder, or the approval of KBLC's
acquisition of control over RCTSI.
3. The City hereby waives its right of first refusal
to purchase the Franchise or related system, but only as
such right-of-first-refusal applies to the request by KBLC
for approval of the acquisition of control by KBLC over
RCTSI.
4. In the event KBLC fails to comply with any of the
above requirements within the time specified, unless the
time is extended by the City, this Resolution and any and
all approvals, releases, discharges and waivers by the City
set forth herein shall be null and void.
5. This Resolution shall become effective only if all
of the cities of Hopkins , Minnetonka , Edina ,
and Eden Prairie adopt a substantially similar resolution
within sixty (60) days after the adoption of this
resolution.
This Resolution is passed and adopted the day of
1988. -~
DATED:
ATTEST:
CITY OF: Richfield
The Mayor ~
SW2 - 12/1/88
City Clerk
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 319
Agenda December 12, 1988
Issue Statement-
Council consideration of a resolution giving final approval of
the cablesystem acquisition, and setting the public hearing on
the transfer for January 3, 1989.
Background:
KBL Cable, Inc. has agreed to acquire all of the issued and
outstanding stock of Rogers Cablesystems. Under the cable
franchise, this acquisition requires the approval of the
Southwest Suburban Cable Commission member cities. The Operating
Committee of the SWSCC has reviewed the proposed acquisition, and
has found no reason to disapprove of the acquisition.
The next step in the acquisition process will be the public
hearing on the transfer of the cablesystem.
Recommended Motion:
Approve the resolution giving final approval of the cablesystem
acquisition, and set the public hearing on the transfer for
January 3, 1989.
Basis for Recommendation:
1. The process has been recommended by the SWSCC Operating
Committee.
2. KBL Cable, Inc. has agreed to guarantee the full performance
of all the obligations and commitments of Rogers
Cablesystems, and all other ordinances and agreements between
the Member Cities and Rogers relating to the franchises.
3. The financial analysis indicates no basis not to approve the
transfer.
Alternative Recommendation:
1. Do not take action. This could delay the sale and transfer
of the cablesystem.
Discussion/Decision Mode:
This item has been placed on the December 12 Council agenda at
the request of the SWSCC to meet the time lines for the transfer
and sale of the cablesystem.
Respect lly submitted,
Jame Prosser
City Manager
JDP/eja
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 318
December 12, 1988 Agenda
Issue Statement-
First reading of an ordinance and enactment of a resolution which
would restrict the issuance of permits in the Penn Avenue Sixty-
Sixth Street Planning Area (PASSS). Both documents are attached
to this letter.
Background:
At the direction of the HRA, staff has initiated a planning study
for the area depicted on the attached map. The purpose of the
study is to formulate a comprehensive planning framework. The
framework would be used to guide decisions related to upgrading
the area over the coming several years. Such a plan would help
assure the long term viability of the area. The Penn Avenue
Sixty Sixth Street Advisory Committee is currently developing
this plan. The framework plan should be completed during the
summer of 1989.
The benefits of a comprehensive planning framework can possibly
be threatened by piecemeal development activities. Several
properties in the area are now vacant and for sale or lease. It
is likely other properties will experience a change in ownership
and/or occupancy during the coming months. Redevelopment within
this area which would occur before a new plan is in place may
result in a development that is inconsistent with the proposed
plan.
Placing restrictions on the issuance of permits is a strategy
which the HRA and City Council have pursued cooperatively in the
past. Within the LHN, restrictions were placed on the block now
occupied by Woodlake Point and Market Plaza prior to
redevelopment. More recently, restrictions placed on the ILN
expired in September, 1987. In both instances, the objective was
to permit time to formulate a comprehensive planning frame work
for the area so that development could be pursued systematically.
The attached resolution and ordinance provide a basis for the
restrictions under the city charter and state law. An ordinance
requires two readings. It is effective 30 days following
publication. A resolution provides immediate benefits as it is
effective, upon adoption.
The resolution is crafted to differentiate between ongoing and
new activities. As indicated on pages 2 and 3 the annual renewal
of previously granted permits and licenses would be permitted as
would other permits and licenses given final approval prior to
December 12, 1988. Processing of all other requests or
applications for variances, permits, and licenses would be
prohibited while the resolution is in effect. The resolution
would be in effect until the interim ordinance becomes effective,
120 days after its passage, or until it is rescinded.
N~//
The ordinance strikes a balance between the need of the city to
more closely regulate activities and property owners and tenants
to conduct business and undertake property maintenance. Sections
2 and 3 on pages three and four indicate the restrictions and
exceptions. It would be effective for 10 months from date of
publication. While the planning study would be completed during
the summer of 1989, there may be study conclusions which suggest
the need to modify other ordinances to properly redevelop the
area. Sufficient time should be available during the interim
ordinance period to consider such items if they materialize.
Recommended Motion:
(1) Approve first reading of an amendment to the ordinance code
which would restrict the issuance of permits in the Penn Avenue
Sixty Sixth Street area, and schedule the second reading and
public hearing for January 9, 1988 (2) approve the resolution
relating to the issuance of permits and other approvals in the
Penn Avenue Sixty Sixth Street Study Area; and (3) refer the
proposed ordinance to the Planning Commission for review at their
December 13, 1988 meeting.
Basis of Recommendation:
1. The city has deliberately embarked upon a program to improve
and enhance the commercial areas of our community.
2. The HRA has recently funded a study which provides for
the formulation of a comprehensive planning frame work to
be used as a guide for future development decisions.
3. A comprehensive approach will provide an opportunity to
maximize the potential of the area for the future of the
city.
4. Continued piecemeal development activity in the area
will frustrate the implementation of a comprehensive
plan and exacerbate existing problems.
5. The ordinance process provides an opportunity for the
community to voice opinions at a public hearing. Notice
of the hearing would be sent to people within the area
as well as those with interest in property for a distance of
350 feet away.
6. The HRA adopted the attached resolution at their meeting
on December 5, 1988. The resolution urges the Council to
adopt the proposed legislation.
7. The PASSS Advisory Committee met on December 6, 1988. The
concept of restricting the issuance of permits during the
planning framework study was discussed.
Alternative Recommendation:
1. Pursue the resolution and ordinance but on a different
time schedule.
2. Not support any legislation beyond existing ordinances.
•~i~-- --
Decision Mode-
Property owners and tenants are making decisions regularly on
their property. To protect the planning process, the resolution
and ordinance should be pursued now to minimize additional
problems.
Respectfu ly submitted,
Jame D. Prosser
City Manager
JDP/eja
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PENN AVENUE SIXTY-SIXTH STREET STUDY AREA
{PASSS)
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CITY OF RICHFIELD
TRANSITORY ORDINANCE N0.
AN INTERIM ORDINANCE ADOPTED FOR
THE PURPOSE OF PROTECTING THE PLANNING
PROCESS IN A CERTAIN AREA OF THE CITY,
REGULATING, RESTRICTING AND PROHIBITING
CERTAIN USES, DEVELOPMENTS AND
SUBDIVISIONS WITHIN SUCH AREA
CITY OF RICHFIELD DOES ORDAIN:
Section 1.
A. The City is concerned with the proper and more economic use, devel-
opment and possible redevelopment of that area of the City generally referred
to as "Penn Avenue Sixty-Sixth Street Study Area" hereinafter referred to as
the "Area," the boundaries of which Area are more specifically described as
follows:
Beginning at the intersection of the Southerly right-of-way line
of Co. Hwy, No. 62 and the Easterly property line of Lot 3, Block
1, Leslie Terrace Addition, thence in a line along said Southerly
right-of-way line to its intersection with the Westerly right-
of-way line of Oliver Avenue South. Thence, Southerly along said
Westerly right-of-way line to its intersection with the Southerly
right-of-way line of West 66th Street. Thence, Westerly along
said Southerly right-of way line to its intersection with the
Easterly property line of Lot 10, Block 6, Fairwood Park Addi-
tion. Thence, Southerly along said Easterly property line, as
extended, more or less, to its intersection with the Southerly
right-of-way line of West 68th Street. Thence, Westerly along
said Southerly right-of-way line to its intersection with the
Easterly right-of-way line of Penn Avenue South. Thence, South-
erly along said Easterly right-of-way line to its intersection
with the Southerly property Line of Lot 15, Block 9, Tingdale
Brothers Lincoln Hills Second Addition. Thence, Westerly along
said Southerly property line, as.extended, to its intersection
with the Easterly property line of Lot 16, Block 1, Tingdale
Brothers Lincoln Hills Third Addition. Thence, Northerly along
said Easterly property Line, as extended, to its intersection
with the Northerly right-of-way line of West 67th Street. Thence
Westerly along said Northerly of right-of-way line to its inter-
section with the Easterly right-of-way line of Queen Avenue
South. Thence, Northerly along said Easterly right-of-way line
to its intersection with the Southerly property line of the
vacated alley (12-17-67 filed) abutting the Northerly property
line of Lot 21, Block 1, Tingdale Brothers Lincoln Hills Addi-
tion. Thence, Westerly along said vacated alley property line,
as extended, to its intersection with the Easterly right-of-way
~~-z -~
line of Russell Avenue South. Thence, Northerly along said
Easterly right-of-way line to its intersection with the Northerly
right-of-way line of West 66th Street. Thence, Easterly along
said Northerly right-of-way line to its intersection with the
Westerly right-of-way Line of Queen Avenue South. Thence,
Northerly more or Less, along said Westerly right-of-way line to
its intersection with the Southerly right-of-way line of West
65th Street. Thence, Westerly along said Southerly right-of-way
line to its intersection with the Westerly property Line of Lot
2, Block 1, Harry Tickner's Subdivision. Thence, Northerly along
said Westerly property line, as extended, to the point of
beginning.
B. There are a number of planning and land use issues arising in the
Area which require comprehensive planning and the consideration of official
controls as defined in Minnesota Statutes, Section 462.352, Subdivision 15,
among which are the following:
1. The City is deficient in commercial and industrial tax base. Very
little undeveloped land remains within the City. The location of
the Area is such that with proper planning it has the potential to
provide a location for valuable and desirable commercial and/or
industrial development within the City. Absent such planning, the
opportunity for such development may be lost.
2. The Area presently contains tracts of underdeveloped land which may
not be developed to the optimum without improving access and im-
proving traffic patterns.
3. The Area may best be developed pursuant to a unified plan and/or in
large segments rather than on a piecemeal basis.
4. The Area contains a number of buildings which are aging and appear
to be in a deteriorating condition. Some parts of the Area present
a poor visual appearance because of such factors as lack of uniform
setbacks, unrelated facades, inadequate or inappropriate loading and
unloading areas, insufficient parking, excessive Land coverage,
conflicting traffic movements and other functional inadequacies.
5. The Area is bounded by single-family residence districts which are
jeopardized or adversely affected by non-residential traffic. There
appears to be a need to relocate and redesign streets and other
traffic control facilities in and around the Area so as to safeguard
such residential areas and so as to minimize land use conflicts. It
appears necessary and desirable to formulate a long-range master
plan for control and movement of traffic within and around the Area.
6. It appears necessary and desirable to avoid further piecemeal
development and redevelopment of the Area so as to reverse the
undesirable development patterns which have existed and which now
exist within the Area including fragmented land ownership and
under-utilization of the land.
2
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7. It appears that there are or may be substandard building conditions
and structures within the Area.
8. It appears that by reason of sociological and technological changes,
as well as by reason of dilapidation, obsolescence and the faulty
arrangement or design of buildings and improvements in the Area,
there is a need for comprehensive planning and development of the
Area.
9. It appears that there is or may be excessive land coverage in some
parts of the Area, deleterious land use, and obsolete layout of land
tracts and developments, requiring planning and redevelopment.
10. The foregoing factors and other factors are found to be injurious to
the health, safety, morals and welfare of the citizens and property
owners of the City and persons occupying property or working and
being in and around the Area.
11. The presence of such conditions has caused an impairment of the
value of private investments, has threatened sources of public
revenues, has deprived the community and its residents of better
facilities and job opportunities, and has otherwise adversely
affected the public welfare.
C. There is a need to consider the formulation of a new comprehensive
plan and program, together with official controls for the development and/or
redevelopment of the Area. Such plan and program and controls will require
intensive study over a number of months. There is a need for an interim
ordinance applicable to the Area for the purpose of protecting the planning
process and the health, safety and welfare of the citizens of the City and to
insure that the City and its citizens retain the benefits of the new compre-
hensive plan and development-redevelopment program and new official controls
for the Area. There is a further need to regulate, restrict or prohibit
uses, developments or subdivisions of land within the Area during
the planning process, so as to avoid the occurrence of events
which will be inimical to the orderly development and
redevelopment of the Area in future years.
Section 2. During the period that this interim ordinance is in effect,
no privately owned property within the area shall be developed or redeveloped
nor shall any licenses or permits, rezonings, plattings or land divisions
pursuant to Richfield City Code be issued by the City for any such development
or redevelopment except as provided in Section 3 hereof.
Section 3. Subdivision 1. Notwithstanding the limitations, restric-
tions, and prohibitions contained in the foregoing Section 2, the City may
grant license renewals for licenses previously issued for activities within
the Area; and may grant permits for development or redevelopment within the
Area if it finds that the development or redevelopment involved will comply
with the following criteria:
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A. The permit will not involve the construction of a new building or
the enlargement of an existing building at a cost of more than
$25,000.
B. The construction will not materially change the future use, devel-
opment or redevelopment of the property involved or any adjacent
properties.
C. The construction will not increase the f air market value of the
property involved by more than ten percent.
D. The construction of the improvement will not intensify traffic or
parking problems on the subject property, adjacent properties, or
adjacent highways and streets.
E. The proposed project will not exacerbate or intensify conflicts
between residential and non-residential traffic within the Area.
F. Granting of the permit will not make a material difference in or
create a serious impediment to the development or redevelopment of
the property involved upon completion of the planning process.
G. Subject to the limitation contained in Section 3, Subdivision 1,
paragraph A, the construction will permit (a) the better utilization
of an existing structure on the same property, or (b) the repair,
maintenance or safeguarding of existing structures, or (c) the
completion of building interior improvements which are necessary to
the property continued utilization of the property pending the
planning process.
Subd. Z. The provisions of this ordinance shall not prevent the City
from processing licenses, permits, rezonings, plattings or land divisions up
to the point of, but not including, their actual issuance if the project or
projects involved will comply with the following criteria:
A. The project will be on a single tract of land within
the Area having an area of at -least 80,000 square feet
and will involve development or redevelopment which
will have an estimated market value in excess of
$2,000,000 per acre.
B. The project involved is consistent with and complementary to the
development or redevelopment of other adjacent properties within the
Area.
C. The proposed project will, in the opinion of the council,. contribute
to and accelerate the development or redevelopment of the balance of
the Area.
Subd. 3. Notwithstanding the provisions of the foregoing Subdivision 2,
no license, permit, rezoning, platting or land division shall be issued for
any project described in that subdivision unless the site for the project is
removed from the provisions of this ordinance by an amendment to Section 1-A
hereof.
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Subd. 4. The provisions of this ordinance shall not prevent the final
approval of any subdivision which was given preliminary approval prior to the
effective date.
Subd. 5. The provisions of this ordinance shall not prevent rezoning to
any of the districts specified in Section 530 of the City Code or the issuance
of any licenses, permits, plattings or land divisions in connection with any
Planned Unit Development.
Section 4. This ordinance shall remain in effect for a period of ten
months from its effective date, provided that in the event the planning
process has not been completed within the ten month period, its effectiveness
may be extended for such additional periods as the City Council may by
resolution determine to be appropriate, not exceeding a total additional
period of eighteen (18) months..
Passed and adopted by the City Council of the City of Richfield,
Minnesota, this day of 198 .
Steven Quam, Mayor
ATTEST:
Thomas Ferber, City Clerk
RfldOrd1:00550D15.E14 '
5
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CITY OF RICHFIELD
RESOLUTION N0.
A RESOLUTION RELATING TO THE ISSUANCE
OF PERMITS AND OTHER APPROVALS IN THE
PENN AVENUE SIXTY-SIXTH STREET STUDY AREA
WHEREAS, the city council of the City of Richfield finds that the forma-
tion of a new land use plan and program including consideration of the adop-
tion of official controls as defined in Minnesota Statutes, Section 462.352,
Subdivision 15, for development and redevelopment of that area of the City
generally referred to as the "Penn Avenue Sixty-Sixth Street Study Area,"
hereinafter referred to as the "Area," the boundaries of which Area are more
specifically described in section one of the interim zoning ordinance, Bill
Number as a means of guiding future development of land in the
Area is necessary to insure a safer, more pleasant, more economic environment
for residential, commercial, industrial and public activities, and to promote
the public health, safety, and general welfare of Richfield's citizens; and
WHEREAS, the city council also finds that the formation of a land use
plan and development-redevelopment program for the Area could bring about
significant savings in both private and public expenditures, enable public and
private agencies to plan their activities in harmony with the land use plan
and development-redevelopment program to be formulated, assist in developing
lands more wisely to serve citizens more effectively, make the provision of
public services less costly, and achieve a more secure tax base; and
WHEREAS, the Housing and Redevelopment Authority of the City has hereto-
fore determined the need for such a study and the creation of a program within
the Area, and has authorized the expenditure of Authority funds to assist the
City in such an undertaking; and
r"" /nl - /O
WHEREAS, the city council in order to further promote the public health,
safety, and general welfare of the citizens of Richfield has held the first
reading of an interim zoning ordinance, Bill Number , for the .purpose.
of protecting the planning process in the Area, regulating, restricting and
prohibiting certain uses, developments and subdivisions within the Area,
pursuant to Minnesota Statutes, Section 462.356, Subdivision 4, and has made
findings in Section 1 of Bi11 Number which findings are included and
adopted by reference as a part of this Resolution; and
WHEREAS, the City Charter mandates that the interim ordinance not take
effect until after 30 days from the date of publication of the ordinance; and
WHEREAS, immediate action is needed to effectively protect the planning
process and to insure that the benefits of municipal planning for the Area are
secure by the City of Richfield and its citizens;
NOW, THEREFORE, BE IT RESOLVED by the city council of the City of
Richfield, that the city manager and city staff are authorized and directed
to take immediate action to pursue to conclusion the planning process already
commenced for the land use and long term development-redevelopment of the
Area and to seek the cooperation and assistance and input on the Richfield
Housing and Redevelopment Authority in connection with such planning process.
BE IT FURTHER RESOLVED that with respect to all privately owned
property within the Area, the city staff is authorized and directed to halt
the processing of all requests or applications for any variances, permits,
licenses, except for the annual renewal of previously granted licenses such as
restaurant, liquor and vending machine licenses, rezonings, and land divisions
made pursuant to Richfield City Code, and with respect to such privately owned
property, to stop accepting any additional applications for platting made
pursuant to Richfield City Code, for property located within the Area. The
2
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prohibition against the processing of the requests and applications contained
in this Resolution shall not. include any applications or requests which have
been given final approval prior to December 12, 1988, or subdivisions which
have been given preliminary approval prior to that date.
This Resolution shall take effect upon its. adoption and shall remain. in
effect until the interim zoning ordinance, Bill No. becomes effective,
or 120 days after passage of this Resolution, or until this Resolution is
rescinded, whichever occurs first.
Passed and adopted by the City Council of the City of Richfield,
Minnesota, this day of 1988.
Steven Quam, Mayor
ATTEST:
Thomas Ferber, City Clerk
RfldRes2:0055RE16.E14
3
HRA RESOLUTION N0.
A RESOLUTION RELATING TO THE ISSUANCE
OF PERMITS AND OTHER APPROVALS IN THE
PENN AVENUE SIXTY-SIXTH STREET STUDY AREA
WHEREAS, the Housing and Redevelopment Authority (HRA) of
the City of Richfield finds that the formation of a new land use
plan and program including consideration of the adoption of
official controls as defined in Minnesota Statutes, Section
462.352, Subdivision 15, for development and redevelopment of
that area of the City generally referred to as the "Penn Avenue
Sixty-Sixth Street Study Area," hereinafter referred to as the
"Area," the boundaries of which Area are more specifically
described on the attached map, as a means of guiding future
development of land in the Area is necessary to insure a safer,
more pleasant, more economically viable environment for
residential, commercial, industrial and public activities, and to
promote the public health, safety, and general welfare of
Richfield's citizens; and
WHEREAS, the HRA also finds that the formation of a land use
plan and development-redevelopment program for the Area could
bring about significant savings in both private and public
expenditures, enable public and private agencies to plan their
activities in harmony with the land use plan and development-
redevelopment program to be formulated, assist in developing
lands more wisely to serve citizens more effectively, make the
provision of public services less costly, and achieve a more
secure tax base; and
WHEREAS, the Housing and Redevelopment Authority of the City
has heretofore determined the need for such a study and the
creation of a program within the Area, and has authorized the
expenditure of Authority funds to assist the City in such an
undertaking; and
WHEREAS, the HRA in order to further promote the public
health, safety, and general welfare of the citizens of Richfield
has concluded that the adoption of an interim zoning ordinance,
for the purpose of protecting the planning process in the Area,
regulating, restricting and prohibiting certain uses,
developments and subdivisions within the Area, pursuant to
Minnesota Statutes, Section 462.356, Subdivision 4, is desirable;
and,
WHEREAS, immediate action is needed to effectively protect
the planning process and to insure that the benefits of municipal
planning for the Area are secure by the City of Richfield and its
citizens.
NOW, THEREFORE, BE IT RESOLVED by the HRA that the HRA
recommends to the City Council of the City of Richfield, that the
City Manager and City staff receive authorization and direction
to:
Take immediate action to pursue to conclusion with the
cooperation and assistance of the Richfield HRA, the
planning process already commenced for the land use and long
term development-redevelopment of the Area;
BE IT FURTHER RESOLVED that the HRA recommends to the City
Council that City staff be authorized and directed to halt the
processing of all requests or applications for any variances,
permits, licenses, except for the annual renewal of previously
granted licenses such as restaurant, liquor and vending machine
licenses, rezonings, and land divisions made pursuant to
Richfield City Code, and to stop accepting any additional
applications for platting made pursuant to Richfield City Code,
for property located within the Area. The prohibition against
the processing of the requests and applications contained in this
resolution shall not include any applications or requests which
have been given final approval prior to December l2, 1988, or
subdivisions which have been given preliminary approval prior to
that date. The restrictions within this proposed ordinance
should include such time and dollar limitations, variance
provisions, and procedures for implementation as are consistent
with the spirit of this proposal, State law and the best
interests of the City of Richfield.
Passed by the Housing and Redevelopment Authority in and for
the City of Richfield, Minnesota this 5th day of December, 1988.
Thomas E. Harms Chairman
ATTEST:
Steven L. Devich
Acting City Clerk
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 317
Agenda December 12, 1988
Issue Statement:
Public Hearing and Second reading of an ordinance to amend the
City code to prohibit the parking of utility trailers in front
and side yards.
Background•
The Public•Safety Department has received complaints of one or
two instances where utility trailers have been parked for long
periods of time (months) in the front of a home or in side yards
which has disturbed neighbors.
At the November 14, 1988 City Council meeting, the City Council
gave first reading to an ordinance to amend the city code to
prohibit the parking of utility trailers in front and side yards,
and scheduled the public hearing and second reading for the
November 28, 1988 City Council meeting.
However, the public hearing notice was not published in the
official city newspaper.
Recommended Motion:
Open the public hearing and continue the hearing to the January
9, 1989 city council meeting.
Basis of Recommendation:
1. The hearing was not properly published.
Alternative Recommendations:
1. Continue the hearing to a council meeting other than January
9, 1989.
Discussion/Decision Mode:
This item has been placed on the November 28, 1988 City Council
agenda continuance.
Respectfully.esubmitted,
~~
~~__
~, ; ~~ - ,.
James D. Prosser
City Manager
JDP:sae
~/~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 316
Agenday, December 12, 1988
Issue Statement:
Renewal of 1989 On-Sale and Sunday Liquor Licenses for The Ground
Round Inc., 1500 East 78th Street.
8ackground•
On November 1, 1988, we received the renewal applications with
the other required documents for on-sale and Sunday liquor
licenses for the Ground Round. All required fees have been paid.
Public Safety's investigation is complete and reveals the
following:
- The corporate structure of the organization is unchanged. ~~
A new manager (Stephen Nordness) was hired in 1988,
replacing Bob Shams who was promoted. No criminal records
were found on any of the principles.
- All general sales, real estate and withholding taxes have
been paid and are current.
- The lease with A. G. Bogen (property owner) is in effect
and all payments current.
- The $10,000 bond issued by "The Reliance Insurance
Company" has been submitted.
- The required proof of insurance has been received showing
National Union Fire Insurance Company and Birmingham Fire
Insurance Company as the carriers. Proof of worker's'
compensation insurance was also supplied.
- The accountant's statement from September 28, 1987 through
October 2, 1988 reveals:
o Total Sales $2,047,623
o Food Sales $1,166,262 (57%)
o Beverage Sales $881,370 (43%)
- There were 42 Public Safety contacts from December 1987
through November 1988. There were 40 contacts the
previous year. The breakdown is as follows:
1987 1988
Total 40 42
Criminal 22 22
"Bar type" 7 3
(included in criminal)
/d-~
Miscellaneous Non-Criminal 2 6
Assists 12 11
Traffic/Parking
Inspection/Licensing
4 2
During the year, Public Safety notified the management of
employees creating a disturbance after hours in the parking lot.
Subsequent to the notification, there have been no further
complaints.
Recommended Motion:
Approve the renewal of on-sale and Sunday liquor licenses for the
Ground Round, Incorporated.
Basis of Recommendation:
1. Based upon the information supplied by the applicant and
the investigation conducted, there appears to be no reason
to deny the renewal of the licenses requested.
2. The applicant has complied with all of the provisions of
both City codes and state statutes pertaining to on-sale
and Sunday liquor licensing.
3. The applicant has demonstrated that the business is an
asset to the community.
4. The applicant has complied with the provisions outlined in
Resolution No. 7380, Specifying Certain Improper Conduct of
On-Sale Intoxicating Liquor Licenses, and has not committed
any violations of the resolution that have resulted in any
disciplinary action.
Alternatives•
1. The council could decide to continue the hearing, however,
if the hearing is continued beyond January 1, 1989, the
council must consider the granting of a license extension
to allow the applicant to continue to sell liquor until the
rescheduled hearing can be conducted.
2. The council could decide to suspend or revoke the licenses.
Any suspension or revocation must, according to Minnesota
State Statutes 340 A.415, be based upon a finding that the
licensee has failed to comply with an applicable statue,
rule or ordinance relating to alcoholic beverages. The
council must also note that no revocation or suspension
takes effect until the licensee has been afforded an
opportunity for a hearing under Sections 14.57 to 14.70 of
the Administrative Procedure Act.
/p.-~
It appears that the licensee has not committed any violation
relating to alcoholic beverages. Therefore, it is recommended
that the license not be revoked or suspended.
Decision/Discussion Mode:
The public hearing to consider the requests for the renewal of
all on-sale and Sunday liquor licenses has been scheduled for
December 12, 1988. These licenses expire January 1, 1989.
Therefore, if the council decides to continue the hearing beyond
December 12th, any subsequent hearing should be held before the
licenses expire.
Respectfully submitted,
Jame Prosser
City anager
JDP:sae
4978E
Name and Address
Eric Bernard
Constellation Wharf
Unit 16
Boston, MA 02115
Tel. No. 536-3626
Robert G. King
5C Fulling Mill Lane
Hingham, MA 02043
Tel. No. 740-1655
Stuart R. Plumer
129 Devon Road
Norwood, MA 02062
Tel. No. 762-6074
Harold F. Von Ulmer
107 Warren Avenue
Boston, MA 02116
Tel. No. 536-2522
Kevin P. O'Connor
235 St. Claire Street
Braintree, MA
Tel. No. 843-7626
Warren C. Hutchins
20 Charles Street
Lexington, MA 02173
Tel. No. 861-6332
~/4 ~~
The Ground Round Inc.
icers an irec ors
Date and Place
of Birth
Official Position
February 6, 1932 Director (Chairman)
Paris, France and Chief
Soc. Security No. 112-40-0444 Executive Officer
March 12, 1946 Director
Boston, MA Vice President
Soc. Security No. 032-34-4449 and Treasurer
July 2I, 1932 Director
New York City, New York Vice President
Soc. Security No. 025-26-3369 Secretary and
General Counsel
August 29, 1938 Director
Columbus, Ohio Vice President
Soc. Security No 295-34-5069
December 15, 1950 Vice President
Boston, Massachusetts
Soc. Security rJo. 030-40-2266
April 23, 1944 Vice President
Portsmouth, NH
Soc. Security No. 022-34-0738
~~~-
PUBLIC SAFETY CONTACTS
DECEN~ER 1987 - NOVEMBER 1988
GROUND ROUND RESTAURANT
1987 1988
Total Contacts ~ 40 42
Criminal Contacts 22 22
••gar-Type.. 7 3
(included in criminal)
Misc. non-criminal 2 6
Assists 12 11
Traffic/Parking, 4 2
Inspections/Licensing 0 1
~/
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 315
Agenda December 12, 1988
Issue Statement:
Renewal of 1989 On-Sale and Sunday Liquor Licenses for Discus
Corporation d/b/a Pizzeria Uno, located at 1420 East 78th Street.
Background:
On November 10, 1988, the city received the renewal. applications
and other required documents for on-sale and Sunday liquor
licenses for Discus Corporation. The applicant has paid an
investigative fee of $150.00 and has requested that the balance
of the license fees not be paid until the licenses are issued.
On April 25, 1988 the council granted, but did not issue, on-sale
and Sunday liquor licenses to Discus Corporation for a Pizzeria
Uno Restaurant to be located at 1420 East 78th Street, a site
previously occupied by a Mr. Steak Restaurant. Since the
granting of those licenses the applicant has not finalized their
financing for the Uno's Restaurant, and is requesting the
licenses be granted, but not issued for 1989. A conditional use
permit granted in July, 1988 will expire in July, 1989.
The applicant states his intention to proceed with construction
of Pizzeria Uno. However, staff discussions with applicant
revealed an intention to find a buyer for the business.
It also should be noted that a
permit has been applied for by
a temporary parking Iot at the
staff is recommending that the
scheduled to be presented to t
December 13, 1988.
request for a conditional use
the Rodeway Inn in Bloomington for
1420 East 78th Street site. City
request be denied. The request is
he planning commission on Tuesday,
The corporate structure of Discus Corporation remains unchanged
from last year. Mr. Michael Platt continues to serve as
President of the corporation, while Mr. Reynold Anderson
continues to serve as Vice President. Neither of these
individuals has any known criminal record. At this time there is
not a designated manager of the restaurant. The applicant will
notify the city of the name of the designated manager before the
restaurant is opened.
The background investigation conducted by the Public Safety
Department has determined that all general real estate taxes,
state sales and withholding taxes have been paid and are current.
The property and building continue to be owned by A. G. Bogen.
The lease agreement between the applicant and the owner continues
to be in effect with all payments current.
The required $10,000 surety bond has been submitted and indicates
that Western Surety Company is the carrier of the bond. The
applicant has not supplied proof of liquor liability insurance
coverage, but they have assured the City that they will supply
proof of liquor liability insurance coverage before the licenses
are issued. The applicant has supplied proof of worker's
compensation insurance coverage.
7~-- ~- /
No accountant's statement was submitted because the restaurant
was not in operation in 1988.
From December of 1987 through November of 1988 there were only
four public safety contacts with Discus. All of these contacts
were fire alarms.
Recommended Motion:
Deny the request for renewal.
Basis of Recommendation:
1. The liquor license was issued for a "Pizzeria Uno"
restaurant.
2. The applicant has not shown sufficient evidence of intention
to complete construction of a "Pizzeria Uno" concept.
Alternatives Recommendations:
1. Approve the renewal of on-sale and Sunday liquor licenses for
the Discus Corporation with the following stipulations:
- The applicant supply proof of liquor liability insurance
coverage.
-The licenses granted be only for the Pizzeria Uno's concept;
and that the applicant be required to meet the four
stipulations set forth in Council Letter No. 106 dated April
25, 1988.
-The applicant designate a manager for the establishment and
that person applies for and is granted a manager's license.
-The applicant be required to appear before the city
council if the applicant wishes to open a restaurant other
than the originally proposed Pizzeria Uno's concept.
-The license renewal shall expire in July of 1989 unless the
conditional use permit is extended or Pizzeria Uno
certificate of occupancy is issued.
2. The council could decide to amend or drop any of the
recommended stipulations.
Decision/Discussion Mode:
The public hearing to consider the requests for the renewal of
all on-sale and Sunday liquor licenses has been scheduled for
December 12, 1988. These licenses expire January 1, 1989.
Therefore, if the council decides to continue the hearing beyond
December 12, any subsequent hearing should be held before the
licenses expire.
Respec ully submitted
Jame D. Prosser
City anager
,il Meeting Minutes -5- April 25, 1988
Michael Platt, President of Discus Corporation, reviewed the
,proposed Pizzeria Uno Restaurant and Bar concept and operation
proposed for 1420 East 78th Street. He stated that in his
-- experience the 82 parking spaces would be adequate for the 150
seat facility. He indicated that liquor sales would amount to
about 25% of the total sales of the restaurant. He stated that
he is aware of and sensitive to the concerns of the neighborhood.
Council Member Ludeman stated that liquor establishments
~ have caused problems in the community and that he opposed
granting a liquor license for this restaurant which is directly
adjacent to a residential area.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Garcia to approve the granting of On-Sale and
' Sunday Liquor Licenses to Discus Corporation, d/b/a Pizzeria Uno
Restaurant and Bar, 1420 East 78th St~:eet sublect to the
following six stipulations:
1. The applicant discloses. the source(s) of all financing
of the project.
2. The applicant applies for and is granted a restaurant
.license.
3. The applicant receives final approval and inspection
for all building and remodeling plans and a certificate
of occupancy.
4. The applicant pays the balance of all license and
investigative fees.
5. In the event that the conditional use permit issued for
the restaurant shall expire as a result of operation of
the provisions of Section 545.09 Sub. 8 of Richfield
City Code this license shall be terminated upon the
date of such expiration.
6. The conditions of Resolution Noy 7380, A Resolution
specifying certain improper conduct of On-Sale
intoxicating Liquor Licensees and stating recommended
discipline, are applicable to these licenses.
Motion carried 4-1. (Ludeman opposed)
Mr. Platt asked what procedure is necessary regarding
stipulation ~~5 if construction is not completed prior to the
expiration of the conditional use permit.
City Attorney Dean stated that the applicant must request an
extension of the conditional use permit.
~D'
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 314.
Agenda, December 12, 1988
Issue Statement:
Renewal of 1989 On-Sale and Sunday Liquor Licenses for Consul
Restaurant Corp., d/b/a Chi-Chi's Mexican Restaurante, located at
7717 Nicollet Avenue.
Background-
On October~30, 1988, the city received the renewal applications
and other required documents for the on-sale and Sunday liquor
licenses for Chi-Chi's Mexican Restaurante. The required license
fees have been paid.
The corporate structure of the organization remains unchanged
from last year. A copy of the list of officers and directors of
the corporation is attached to this letter. Mr. Gary Kannenberg
continues to serve as the general manager of the restaurant. None
of these individuals has any known criminal record.
The background investigation conducted by the Public Safety
Department has determined that all general real estate taxes,
state sales and withholding taxes have been paid and are current.
The lease agreement between the applicant and the property owner,
Marno-Max Company continues to be in effect with all lease
payments being current.
The required $10,000 surety bond has been submitted and indicates
that Northbrook Property & Casualty Insurance Company is the
carrier of the bond. The applicant has supplied proof of liquor
liability insurance coverage. This coverage indicates that
Northbrook Property & Casualty Insurance Company is also
affording the required liquor liability insurance coverage. The
applicant has supplied proof of worker's compensation insurance
coverage.
An accountant's statement has been prepared and submitted. This
statement covers the period from October 1987 through October
1988 and is as follows:
Total Sales $4,730,960
Food Sales $2,969,379 63%
Beverage Sales $1,761,581 37%
From December of 1987 through November of 1988 there were 122
Public Safety contacts with Chi-Chi's as compared to 106 contacts
for the previous year. A detailed breakdown of these contacts is
attached to this council letter.
The management and employees of Chi-Chi's deserve special
recognition for their efforts during the past year in the area of
confiscation of fake, altered and false identification presented
T lf'- /
by persons. attempting to enter the establishment for the purpose
of being served alcoholic beverages. This year Chi-Chi's
employees confiscated over 100 fake, altered and false ID's. Most
of these were driver's licenses which were turned over to the
Public Safety Department and were then forwarded to the State of
Minnesota.
City Staff and the management of Chi-Chi's have agreed to re-
landscape a portion of the property located near the 78th
frontage road. Chi-Chi's will be supplying the city with a bid of
the work to be done. This work will be completed in the spring as
soon as the weather permit. Staff and Chi-Chi's management have
agreed that as a part of the renewal recommendation a stipulation
will be included that requires the work to be completed before
May 15, 1989.
Recommended Motion:
Approve the renewal of on-sale and Sunday liquor licenses for Chi
Chi's Mexican restaurant with the stipulation that the agreed
upon improvements to the landscape located adjacent to the 78th
Street frontage road be completed before May 15, 1989.
Basis of Recommendation:
1. Based upon the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny
the renewal of the licenses requested.
2. The applicant has complied with all of the provisions of both
City codes and state statutes pertaining to on-sale and Sunday
liquor licensing.
3. The applicant has demonstrated that the business is an asset
to the community.
4. The applicant has complied with the provisions outlined in
Resolution No. 7380, Specifying Certain Improper Conduct of
On-Sale Intoxicating Liquor Licenses, and has not committed
any violations of the resolution that have resulted in any
disciplinary action.
Alternatives:
1. The council could decide to continue the hearing, however, if
the hearing is continued beyond January 1, 1989, the council
must consider the granting of a license extension to
allow the applicant to continue to sell liquor until the
rescheduled hearing can be conducted.
2. The council could decide to suspend or revoke the licenses.
Any suspension or revocation must, according to Minnesota
State Statutes 340 A.415, be based upon a finding that the
licensee has failed to comply with an applicable statue, rule
or ordinance relating to alcoholic beverages. The council must
also note that no revocation or suspension takes effect until
~!f'- ~_
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.
Decision/Discussion Mode:
The public hearing to consider the requests for the renewal of
all on-sale and Sunday liquor licenses has been scheduled for
December 12, 1988. These licenses expire January 1, 1989.
Therefore, if the council decides to continue the hearing beyond
December 12th, any subsequent hearing should be held before the
licenses expire.
Respectfully submitted,
Jame D. Prosser
City Manager
JDP:sae
~~~
PUBLIC SAFETY CONTACTS
DECEMBER 1987 - NOVEM BER 1988
CHI-CHI'S
. 19.87 1988
Total Contacts 106 122
Criminal Contacts 44 46
"Bar Type" 18 26
(included in criminal)
Misc. non-criminal 7 7
Assists 44 58
Traffic/Parking 9 g
Inspections/Licensing 2 2
~',1z
t
moo'/
CONSUL RESTAURANT CORPORATION OFFICERS ~ DIRECTORS
Name Address Office
Willia m D. Etter 14845 Iron Wood Court President,
(612} 93.4-1859 Eden Prairie, M N 55344 Director
James H. Crivits 3115 Runnymede Road Chairman,
(502)` 4'26-73"8'8 Louisville., KY 40222 Director
Robett A., Lamp 3045 Eagandale Place Vice .President,
(612): 681T'614 Eagan, MN 55221 Finance & Treasurer
Theodore. O'Shaughnessy
(7O1)' :2:32-6214
David' `C. 'Stevens
(612 ), 89;3;-0230
Larry; K. 3oe
(414): 781-6434
2108 - 25= Avenue South
Fargo, ND 58103
7760 Atherton Way
Eden Prairie, MN 55344
17890 Wessex Drive
Brookfield, WI 53005
& Secretary
Vice President
Vice President.
Director
Gen. A.P. N.acdonald Fraine Barracks Director
(701 } ;, 23_?-6030 P . 0 . -Box 1817
Bismark, ND 58502-1817
Richard G. Marklund 3415.High..-Lane Director
(612) 944-7660 Long Lake, MN 55356
P:~ilip McLauchlin 6840 Point Drive. Director
- ( 612 ) 8.88-2271 Edina, MN 55135 .
H. Thcmzs'Mitchell 16445 Garner Ave. V.P., Legal,
-~- (612) 43.2-5896 Rosemount, MN 55066 .Secretary and
General Counsel
a.
SHAREHOLDERS
Consul_~estaurant Corporation is a publicly held corporation--
.whose shares are traded over-the counter on the National Association
of Securities Dealers national market system. To date Consul has
3,392 shareholders with no shareholder controling more than 5$ of
the stock...
~I j
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 313
Agenda December 12, 1988
Issue Statement:
Renewal of 1989 On-Sale and Sunday Liquor Licenses for Champps of
Richfield, located at 790 West 66th Street.
Background:
On November 30, 1988_, the City received the renewal applications
and other required documents for the on-sale and Sunday liquor
licenses for Champps of Richfield. The applicant has paid the
required license fees.
The Public Safety background investigation has been completed and
reveals the following:
- The corporate structure of Champps remains unchanged. Mr.
Dean Vlachos continues to be the sole officer of the
corporation. Mr. Vlachos also serves as the general
manager and will continue to serve in this capacity until
his new restaurant opens in Minnetonka. Mr. Vlachos has no
known criminal record.
- All general sales, real estate and withholding taxes have
been paid and are current.
- The lease between the applicant and the property owner
is in effect with all payments current.
- The $10,000 bond issued by Great American Insurance
Company has been submitted.
- The required proof of liquor liability insurance coverage
has been received showing Transcontinental as affording
the required coverage. Proof of worker's compensation
insurance coverage was also supplied.
- The accountant's statement from November of 1987 through
October of 1988 reveals:
Total Sales $4,855,058
Food Sales $2,454,972 50.5%
Beverage Sales $2,400,086 49.5
From December of 1987 through November of 1988 there were 102
Public Safety contacts with Champps. This compares with 53
contacts for the previous year which included only the months of
April through November. A breakdown of these contacts is attached
to this letter.
-~
Recommended Motion•
Approve the renewal of on-sale and Sunday liquor licenses for
Champp's of Richfield.
Basis of Recommendation:
1. Based upon the information supplied by the applicant and the
investigation conducted, there ppears to be no reason to deny
the renewal of the licenses requested.
2. The applicant has complied with all of the provisions of both
City codes and state statutes pertaining to on-sale and Sunday
liquor licensing.
3. The applicant has demonstrated that the business is an asset
to the community.
4. The applicant has complied with the provisions outlined in
Resolution No. 7380, Specifying Certain Improper Conduct of
On-Sale Intoxicating Liquor Licenses, and has not committed
any violations of the resolution that have resulted in any
disciplinary action.
Alternatives:
1. The council could decide to continue the hearing, however, if
the hearing is continued beyond January 1, 1989, the council
must consider the granting of a license extension to
allow the applicant to continue to sell liquor until the
rescheduled hearing can be conducted.
2. The council could decide to suspend or revoke the licenses.
Any suspension or revocation must, according to Minnesota
State Statutes 340 A.415, be based upon a finding that the
licensee has failed to comply with an applicable statue, rule
or ordinance relating to alcoholic beverages. The council must
also note that no revocation or suspension takes effect until
the licensee has. been afforded an opportunity for a hearing
under Sections 14.57 to 14.70 of the Administrative Procedure
Act.
It appears that the licensee has not committed any violation
relating to alcoholic beverages and therefore, it is recommended
that the licenses not be revoked or suspended.
~.
Decision/Discussion Mode:
The public hearing to consider the requests for the renewal of
all on-sale and Sunday liquor licenses has been scheduled for
December 12, 1988. These licenses expire January 1, 1989.
Therefore, if the council decides to continue the hearing beyond
December 12th, any subsequent hearing should be held before the
licenses expire,
Respectfully submitted,
Jam D. Prosser
City Manager
JDP:sae
~~..~
CITY of uCBFIELD
RESOLUTION N0. 7380
RESOLUTION SPECIFYING CERTAIN IliPROPER
CONDUCT OF ON-SALE INTOXICATING LIQUOR
LICENSEES AND STATING RECOZQSENDED
DISCIPLINE TSFREFOR
BE IT RESOLVED by the City Council of th• City of Richfield as follors:
I. BACXGAOUND STATEMENT.
The City of Richfield anaualiy issues a number of Iicenaes permittiag the
= oa-eels gals of iatozicsting liquor rithin Lhe City. The 'conduct of the
licaased activity is =overnsd by the provisions of 8actioa 1200 of the City
Code. Although, the provisioas~of that Section describe is a gsaeral way what
is expected of 2icsasass in the proper coaduct of the licensed activity, the
City Cauacil is coaceraed th:t licensees should have a mots specific uadar-
standing of the types of coaduct, generally described in the Coda, which may
subject their licenses to discipline; and further that they 'have a cigar
understanding of the scope gad nature of the discipline which may be imposed
!or csrtsia specific conduct. The levels of discipline described in this
resolution will be imposed only in accordance with the applicable provisions
of law. The list of activities and coaduct contained is this resolution is
not iataadsd to b• exhaustive, but rather concsatratas oa the types of conduct
most frequently observed at licensed establishmaats. Other activity or
conduct which is detzimeatal to the public safety, health, morals gad welfare
gad which aonstitutas a violation of the provisions of Ssctioa 1200 of the
City Cod• may also subject liquor 13censes to discipline. The aetioa• which
the City may t:ka Sa accordance with this zasolutioa are not intsaded to
pncluds such further actions such as actions is law or is equity or criminal
prosacutioa available to the City for the conduct described in this
rasoiutioa.
~~~
II. SPECIFIC PROHIBITED CONDUCT AND PROPOSED SANC?IONS.
A. Noise and Other Disturb ins Conduct vithin or Nsar the Licsased Premises.
.. ~_,.
Licensees ars responsible for the coaduet of their patrons while ~rithin the
licaased establishment; sad of tadividwl• within the immsdiat• vieiaity of
the •stablishmeat rho are either eomiag to or leaving the astablishmsnt. Ths
City is naWiiling to permit the caatinuad operation of a licensed liquor
establishment in cireumstaacs• Whets it is evident that the licensed activity
is having a detrimental impact upon the health, welfare, safety sad morals of
the eommuaity and patrons of the sstablishmsat. The following discipline may
be imposed upon on-sale intoxicating liquor lieeasss for verified reports of
criminal misconduct occurring oa or sear the Iieeased premises and attribut-
able to patrons of the •stahlishment (including persons catering or Itaviag):
a) For five such ineideats occurring within leas thsa a 3i-day period
(beginning with the date of the first of such five incidents) -
suspsasioa of the license for up to IO days sad a civil f ins of
;2,000 for sack incident.
b) For tan such incidents occurring within less thaw a 61-day period
(ba;inning with the dats of the first of such incidents} -
suapaasiorc of the license for up to 30 days sad a civil fine of
12,000 for each iacidsat.
e) For 15 such incidents occurring Within say 41-day period (bssinning
with the date of the first of such incidents) - ausgensioa of the
iicease for. up to 60 day• sad a civil fins of ;2,000 for each
incident.
The discipline outliasd above is intended to ba cumulati4s in nature, sad
incidents Which give rise to discipline (or the right to discipline) during a
shortsr period may ba counted in datermiaiag whether discipline is appropriate
during a Ioa=ar period.
The farm "verified reports of criminal misconduct" means a rsport made to
the dizector of public safety by the licensee or a complaint Wade by others
eonesraina as iacideat coastitutiag a crime under the City Cods or the law of
2
T /' "~1
the Stets of Mianssota. which, is the opinion of the dizectar, is directly
attributable to the licsaaed activity.
VsrilSed reports of criminal misconduct do not of necsesity seas ssquests
for service, sad lieeasses shall not bs required to make requests foe esrvics
in situations Mhsr~ the licensee is capable of resolving the iacidsat without
polies assistance. However, it is necessary for the City to have an accurate
measure of the level of erimiaal misconduct. The department of public safety
shall establish standards sad criteria for the making of such zeports by the
licensee. If the Iicsaeae fails to make the ssquirsd reports of criminal
misconduct in accordance with such standards sad criteria, the following
additional discipline may be imposed upon its on-eels intoxicating liquor
liceasa:
a) For the first incident of failure to report criminal misconduct
within any Iicsase year - suspension of license for up to five days
sad a civil fine o! X2,000.
b) For the second such incident is say license year - suspension of
Iicsase for up to 10 days sad a civil fins of ;2,000.
c) For the third such incident in say liceaes year - suspension of
licsase for up to IS days and a civil line of ;2,000.
B. Serving Alcoholic Beverages Deyoad the Interior of The Licensed Premises
~_..~ -
or Permitting Patrons to Leave such Licsased Premises with Alcoholic
Bever s. Licaaaees must assure that the service sad eaasumption of
alcoholic beverages rill bs eoafinsd only to those areas permitted by the
license. Failure to do so may have an evidsat and adverse impact upon other
activities iarfully occurring rithin the area sad creates a substantial risk
of criminal behavior such as violation of the Opan Bottle Lar. The following
discipline may bs imgoeed upon on-sale iatoxicatiag beverage licenses:
a) The first incident dusias the license. year - up to a 10•day
suspension and ;2,000 civil. fine.
3
"~/-b
b) The second incident during the licaase ysar - np to a 30-day
. suepeasion snd ;2,000 civil tins.
c) Th• third iacidant during the iicease year - up to a 60-day
suspension and ;2,000 civil fine.
d) The fourth incident during the license year - revocation of license.
C. P:rmittint Occupancy to Exceed the Limits Permitted Undsr the IInitorm Fire
Cod• (25.114 (OvercroMdina).
Liceaae• are absolutely bound to prevent situations in which the licensed
premises become ovsrcrovded. The City Linde that the opportunity to serve
alcoholic beverages coatributee to an environment wherein wercrowdiag, if not
strictly controlled by the licsasse, say occur. Each liquor licaase issued
shall state the maximum occupaacq limit !or the licensed premises. The
fallowing discipline may be imposed upon on-sal• intoxicating liquor licsnaea
for incident of overcro~-diag verified by the City's public aafsty director:
a) The first incident during the license year - up to a IO-day license
suspension sad ;2,000 civil fine. .
b) The •scond incident during the licaase year - up to a 30-day
suepeasion sad X2,000 civil tins.
c) The third iacidant during the licaase ysar - up to a 60-day
suepeasion sad 52,000 civil line.
d) The fourth or subsequent iacidant during the licaase year -
rsvocation of the licsasa.
D. Fac313tsting Gambling. Licensees moat not permit or allow nay condition
to occur on the licensed premises which would facilitate gambling activity.
Licsnseee may not permit any device on the Iicanaed pzamises which could be
used for gambling. Sueh devices include blackjack tables, video ssme• of
chance. roulatt• wheels and any other amuasmaat or gambling daviee as defined
to Minim ne~ota Sta_tut,^s,g, Chaptar• 349 and 609. and jtichtiald City Code
3nbsectlons 1I00.I3 and 1100.01.
4
/ l
For any incident of facilit:tion of Samblia= th• on-tale iato:icating
liquor a~ay be suspaaded for up to a period o! days equal in number to the
period of days that such iacidsat continued.
8. Effect of Su.pension, or Revoeatioa of Pood Licsase. Oa-.ale
intoxicating liquor IScenss• Mhich are isauad to satabiishmeat^ because they
qualify as re^tsurants shall cease to b~ valid for nay period of time durias
which the establishment's food license i• under ^uapeasion or revocation as
th• result of action. taken by the city manager, enforcement officer, or both
-~
parsuaat to Subsection 61S.OS, subdivision 6 of the City Code. The oa-sale
sale of intoxicating liquor during such period shall constitute sn unlicensed
sale.
The City Council retains the right to modify the provisions of this
resolution from time sad to impose penalties is sates. o! those contained
herein whew, is the judgsasat of the council it is appropriate to do so.
Passed by the City Council of the City of Richfield thi• 1„ 4~h day of
December 198 7 .
o N. ton. Mayor
ATTEST:
Thomas Ferber, ity Clerk
S
~/~
PUBLIC SAFETY CONTACTS
DECEMBER 1987 - NOVEMBER 1988
CHAMPS
198 1988
Total Contacts 53 102
Criminal Contacts 23 51
"Bar Type" 13 26
(included in criminal)
'Misc. non-criminal 30 7
Assists 14 33
Traffic/Parking 10 9
Inspections/Licensing 1 2
NOISE COMPLAINTS
1988
CHAMPPS OF RICHFIELD
LISTED. BELOW ARE THE NOISE COMPLAINT CONTACTS WITH CHAMMPS
TOTAL
34
UNFOUNDED/UNABLE TO LOCATE 10
COMPLAINTS ON EXHAUST CLEANING 5
VALIDATED OR ASSISTED 19
~ry
~~.
,i'
r
~~o
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 312
Agenda, December 12, 1988
Issue Statement:
Renewal of 1989 Club On-Sale and Sunday Liquor Licenses for Fred
Babcock V.F.W. Post No. 5555, located at 710 Lakeshore Drive.
Background-
On November 15, 1988, the City received the renewal applications
and other required documents for the club on-sale and Sunday
liquor licenses for Fred Babcock V.F.W. Post No. 5555. The
required license fees have been paid.
Two new officers were elected to the managing board in 1988. A
copy of the list of offices of V.F.W. 555 is attached to this
letter. Mr. Roy Hitchcock continues to serve as the general
manager of the restaurant. None of these individuals has any
known criminal record.
The background investigation conducted by the Public Safety
Department has determined that all general real estate taxes,
state sales and withholding taxes have been paid and are current.
The property and building continue to be owned by V.F.W. 5555.
The required $10,000 surety bond has been submitted and indicates
that United Fire & Casualty Company is the carrier of the bond.
The applicant has not supplied proof of liquor liability
insurance coverage, but they have assured the City that as soon
as their insurance agent and the managing board decide on which
carrier will be affording the required coverage, a copy of a
certificate of insurance detailing this coverage will be sent to
the City before January 1, 1989. The applicant has supplied
proof of worker's compensation insurance coverage.
An accountant's statement has been prepared and submitted. This
statement covers the period from July 1, 1987 through June 30,
1988 and is as follows:
Total Sales $1,052,206
Food Sales $ 540,398 510
Beverage Sales $ 511,808 49%
From December of 11987 through November of 1988 there were 23
Public Safety contacts with V.F.W. 5555 as compared to 39
contacts for the previous year. A detailed breakdown of these
contacts is attached to this Council Letter.
Recommended Motion:
Approve the renewal of on-sale & Sunday liquor licenses for the
V.F.W. Post 555 with the stipulation that the applicant supply a
certificate of insurance detailing liquor liability coverage
before January 1, 1989.
Basis of Recommendation:
1. Based upon the information suppled by the applicant and the
investigation conducted, there appears to be no reason to
deny the renewal of the licenses requested.
2. The applicant has complied with all of the provisions of both
~"~ /
City codes and state statutes pertaining to on-sale and
Sunday liquor licensing.
3. The applicant has demonstrated that the business is an asset
to the community.
4. The applicant has complied with the provisions outlined in
Resolution No. 73808, Specifying Certain Improper Conduct of
On-Sale Intoxicating Liquor Licenses, and has not committed
any violations of the resolution that have resulted in any
disciplinary action.
Alternatives:
1. The Council could decide to continue the hearing, however, if
the hearing is continued beyond January 1, 1989, the Council
must consider the granting of a license extension to allow
the applicant to continue to sell. liquor until the
rescheduled hearing can be conducted.
2. The Council could decide to suspend or revoke the
licenses. Any suspension or revocation must, according to
Minnesota State Statutes 340 A.415, be based upon a finding
that the licensee has filed to comply with an applicable
statue, rule ordinance relating to alcoholic beverages. The
Council must also note that no revocation or suspension takes
effect until the licensee has been afforded an opportunity
for a hearing under Sections 14.57 to 14.70 of the
Administrative Procedure Act.
- It is the opinion of the Public Safety Department that the
licensee has not committed any violations relating to alcoholic
beverages and therefore, it is recommended that the licenses not
be revoked or suspended.
Decision/Discussion Mode:
The public hearing to consider the requests for the. renewal of
all on-sale and Sunday liquor licenses has been scheduled for
December 14, 1988. These licenses expire January 1, 1989.
Therefore, if the Council decides to continue the hearing beyond
December 14, any subsequent hearing should be held before the
licenses expire.
Respectfully submitted,
Jame D. Prosser
City Manager
JDP:sae
~~"~
~, FRED BABCC~CK V.F.W. POST Na. 5.555.
~' Veterans of Foreign Wars of the United States.-
. FOUNDED 1889
Telephones: 869.5555 - 869-9940 - 866-6112.
710 LAKESHORE DRIVE - RICHFIELD, MINNESOTA 55423 ~ '"
November 8, 1.988
W.J. Hollick
Police License Investigator '
Richfield Department of Public Safety
Re: Application for On-Sale and Sunday Liquor License
Fred. Babcock V.F.W. Post No. 5555
710 Lakeshore Dr., Richfield, Minn. 55423
Dear Sir:
There has been a change in officers' positions for the years
1988-89 as follows:
Mark A. Browne from Sr. Vice Commander to Commander ,
New Officers as of~July 1, 1988
Sr. Vice Commander .Michael R. Hall D.O.B. 04/25/51
1883 20TH Ave N.W.
New Brighton, Minn. 55112
New Officers as of .October 17, 1988 '
Jr. Vice Commander James P. Lawler ~ D.O.B. 12/21/43
12904 Viking Drive
Burnsville, Minn 55337
Respectful9y Submitted,
-,
Richard D. Christie
Quartermaster
~~~
L
PUBLIC SAFETY CONTACTS.
DECEMBER .1987 - NOVEMBER 1988
VFW <
1987 1988
Total Contacts 39 23 .
Criminal Contacts 16 6
~~ Bar Type ~~ (4) (3)
(included in .criminal)
Misc. non-criminal , 7 7
Assists 9 7
,, ,
,Traffic/Parking w 6 1
Inspections/Licensing 1 2
~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 311
Agenda December 12, 1988
Issue Statement:
Renewal of 1989 Club On-Sale and Sunday Liquor Licenses for
Minneapolis-Richfield American Legion Post 435, located at 6501
Portland Avenue South.
Background:
On December 5, 1988, the City received the renewal applications
and other required documents for the club on-sale and Sunday
liquor licenses for Minneapolis-Richfield American Legion Post
435. The applicant has paid the required license fees.
The Public Safety background investigation has been completed and
reveals the following:
- One new officer, Mr. Don Vogtman was elected as post
commander during 1988. Mr. James Daly and Mr. Ted Stage
continue to serve as the other two post officers. Mr.
Colin Fowler continues to serve as club manager. None of
these individuals has any known criminal record.
- A11 general sales, real estate and withholding taxes have
been paid and are current.
- The property and building continue to be owned by the
American Legion.
- The $10,000 bond issued by United Fire & Casualty Company
has been submitted.
- The required proof of liquor liability insurance coverage
has been received showing Acceptance Indemnity Insurance
Company as affording the required coverage. Proof of
workers compensation insurance coverage was also supplied.
- The accountant's statement from July of 1987 through
June 30th of 1988 reveals:
Total Sales $1,449,449
Food Sales $682,260 47%
Beverage Sales $767,189 53~
The Council should note that the food to liquor ratio
requirement in the City code does not apply to the V.F.W. or the
American Legion. In addition, revenue generated from lawful
gambl=ing sources would affect these figures.
From December of 1987 through November of 1988 there were 61
Public Safety contacts with the American Legion. This compares
with 55 contacts for the previous year. A breakdown of these
contacts is attached to this letter.
~~ _~
Recommended Motion:
Approve the renewal of on-sale and Sunday liquor licenses for the
VFW Post 5555 with the stipulation that the applicant supply a
certificate of insurance detailing liquor liability coverage
before January 1, 1989.
Basis of Recommendation:
1. Based upon the information supplied by the applicant and the
investigation conducted, there appears to be no reason to
deny the renewal of the licenses requested.
2. The applicant has complied with all of the provisions of both
City codes and state statutes pertaining to on-sale and
Sunday liquor licensing.
3. The applicant has demonstrated that the business is an asset
to the community.
4. The applicant has complied with the provisions outlined in
Resolution No. 7380, Specifying Certain Improper Conduct of
On-Sale Intoxicating Liquor Licenses, and has not committed
any violations of the resolution that have resulted in any
disciplinary action.
Alternatives:
- 1. The council could decide to continue the hearing, however, if
the hearing is continued beyond January 1, 1989, the council
must consider the granting of a license extension to
allow the applicant to continue to sell liquor until the
rescheduled hearing can be conducted.
2. The council could decide to suspend or revoke the licenses.
Any suspension or revocation must, according to Minnesota
State Statutes 340 A.415, be based upon a finding that the
licensee has failed to comply with an applicable statue, rule
or ordinance relating to alcoholic beverages. The council
must also note that no revocation or suspension takes effect
until the licensee has been afforded an opportunity for a
hearing under Sections 14.57 to 14.70 of the Administrative
Procedure Act.
It appears that the licensee has not committed any violation
relating to alcoholic beverages and therefore, it is recommended
that the licenses not be revoked or suspended.
T~ /~
Decision/Discussion Mode:
The public hearing to consider the requests for the renewal of
all on-sale and Sunday liquor licenses has been scheduled for
December 12, 1988. These licenses expire January 1, 1989.
Therefore, if the council decides to continue the hearing beyond
December 12th, any subsequent hearing should be held before the
licenses expire.
Respect ully submitted,
Jame D. Prosser
City Manager
JDP:sae
~~~
PUBLIC SAFETY CONTACTS
DECEMBER 19$7 - NOVEMBER 1988.
' .AMERICAN LEGION
1987 1988
Total Contacts 55 61 •
Criminal Contacts 40 37
"Bar Type" 4 4
(included in criminal) •
Misc. non-criminal 5 8
Assists 6 10
Traffic/Parking 3 4
Inspections/Licensing 1 2
•~:
:r
CITY OF RICHFIELD, MINNESOTA
Council Letter No.310-
Agenda December 12, 1988
Issue Statement:
Public Hearing on the Celebrate Minnesota 1990 grant application
for improvements at Veterans Memorial Park of Richfield.
Background:
In preparation for the 1990 Olympic Festival, Governor Perpich
has proclaimed Celebrate Minnesota 1990. On November 28, 1988,
the Richfield City Council authorized staff to make application
for Richfield to become an official member of Celebrate Minnesota
1990 and passed a resolution to apply for a grant related to
improvements at Veterans Memorial Park of Richfield. Grant
applications must provide for public comment through a public
hearing on the proposed Celebrate Minnesota 1990 project. That
pubic hearing date was set for December 12, 1988.
Suggested projects at Veterans Memorial Park of Richfield to be
discussed at the December 12, 1988 public hearing include:
- Provide additional landscaping in the form of trees,
shrubs, seed, sod and grading; construct small picnic
shelter; purchase benches, tables and grills; and
construct small play
Complete majority of
trail and installing
Construct large play
Construct Portland A
landscaping
feature
trail system by blacktopping
two bridges
feature
venue parking lots including
Each of the above proposed projects total an estimated $100,000.
The maximum grant would be $25,000 or a 3-1 share in the cost of
the project. Other projects may be suggested during the public
hearing. The hearing must describe the proposed project(s) and
solicit citizen comments.
Following the close of the hearing, it will be necessary to
determine the improvement(s) to be used in the grant application.
Staff would .then complete the application which must be submitted
no later than Friday, December 16, 1988.
Recommended Motion:
Upon close of the public hearing, determine the improvement at
Veterans Memorial Park of Richfield which will be the basis for
the Celebrate Minnesota 1990 grant application. Staff recommends
the improvement be to provide additional landscaping, construct a
small picnic shelter and a small play feature, and purchase
benches, tables and grills.
~~ /
Basis of Recommendation:
1. Improvements would enhance the park users' experience and
increase the image of Richfield as a good place to live.
2. Features of thi
donated; i.e.,
The local share
3. This particular
experiences and
system.
s proposed project may reasonably be
tables, benches, grills, trees and shrubs.
of the project cost may include donations.
project provides for a variety of
expands on the offerings of the City's park
4. The community survey indicated a large number of residents
picnic in our parks.
Alternative Recommendation:
Select another improvement project at Veterans Memorial Park of
Richfield from the list proposed for discussion at the public
hearing or as may have been additionally proposed at the hearing.
Discussion/Decision Mode:
Action must be taken by the Council on December 12, 1988 if the
December 16, 1988 grant application deadline is to be met.
Respectf y submitted,
James Prosser
City anager
JDP/eja
#3-~1
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 309
Agenda December 12, 1988
Issue Statement:
Purchase of Toro Reelmaster 216 Mower to be used on Par 3 course
to mow fairways, collars and tees at 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. The
adopted 1989 operating budget for the golf course includes $9,000
for the purchase of a triplex mower. However, because of the
unusually good season, it would be fiscally prudent to purchase
this equipment in 1988.
Two vendors submitted written quotations. MTI Distributing Co.
of Plymouth, MN submitted a $9,060 quote for a Toro Reelmaster
216. They also submitted a quote of $8,495 for a demo Toro
Reelmaster 216 with 50 hours of use and a quote in the amount of
$7,995 for a demo Toro Reelmaster with 175-200 hours of use.
North Star Turf, Inc. submitted two quotes. One quotation, in
the amount. of $9,072., was for a Jacobsen Tri-King 1471. Their
other quotation, in the amount of $8,037, was for a demo Jacobsen
Tri-King 1471 with approximately 175 hours of use. Quotations by
North Star Turf, Inc. were firm only until November 23, 1988.
Recommended Motion:
Authorize the purchase of the new Toro Reelmaster 216 mower from
MTI Distributing Co. in the amount of $9,060.
Basis of Recommendation:
1. MTI Distribution Co. submitted the lowest quotation for a new
triplex mower unit.
2. The mower being purchased will replace two Jacobsen Turfking
mowers which were fully depreciated in 1986. Turfking mowers
are mechanical lift and have little trade-in value
(approximately $300 each). The existing mowers will be used
on a minimal basis until they cease to operate.
3. A Toro 216 mower has been used on the Par 3 fairways, collars
and tees for the last two years by Toro Manufacturing for
test purposes. It has proven to be a reliable piece of
equipment and includes the preferred hydraulic lift.
4. MTI Distributing Co. of Plymouth is easily accessible for
service and/or parts. Their reputation in the turf/grass
field is highly respected.
5. Sufficient funding is available in 1988 due to higher than
expected revenues in 1988.
'.~ -~
Alternative Recommendation:
1. Do not replace the Jacobsen Turfking mowers at this time.
However, these units have already been used beyond their
scheduled depreciation and are not anticipated to operate
much longer.
2. Purchase a used demo unit rather than a new unit. However,
50 hours is close to a half season of operation and the $565
savings is minor compared to potential maintenance headaches
on a used machine.
Discussion/Decision Mode:
This item is on the consent calendar of the December 12, 1988
City Council agenda. Action may be delayed but would not take
advantage of increased revenues in 1988.
Respectfully submitted,
Jame D. Prosser
City Manager
JDP/eja
~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 308
Agenda December 12, 1988
Issue Statement:
Consideration of a resolution modifying policies and fees for
City assessing services.
Background:
As part of the duties and responsibilities of the City Assessing
Division, the assessing staff is contacted daily to provide
various information to the public. Inquiries are made by
realtors, title companies, and individuals selling their homes,
requesting information which is ultimately used in the listing of
a piece of property, including the special assessment searches of
the property.
Listing information requests by the realtors and title companies
include estimated market value of a piece of property, tax
information, the name of the owner or the taxpayer of the
property, legal descriptions, lot size, the year the property was
built, homestead status and so forth. The information is very
extensive and requires a significant amount of time to research
and release. With the large number of home sales that take place
in Richfield annually, these requests for information take up a
large portion of the Assessing Division's time.
Other types or categories of information which are often
requested are items such as comparable residential property
records, homestead classifications, and listings of property
owners. Comparable residential property records are requested to
assist a property owner who may request to see records of
comparable properties in the City to make a comparison as to
whether the estimated market value on the taxpayer's property
seems appropriate when compared to those properties. Homestead
classifications and listings of properties for proposed zoning
changes are also types of information often requested of the
Assessing Division.
Recently, an individual went into the business of providing title
companies with various pieces of information used in the sale of
a home. Special assessment information is one example of such
data.
In conjunction with initiating his business, this individual also
obtained an Attorney General's opinion in a dispute with another
suburban municipality which stated that much of a City's
assessing records are accessible to the public free of charge
provided that a hard copy of the data is not requested.
Thus, the attached resolution has been modified to ensure that
the City of Richfield's policies and fees are in compliance with
the Attorney General's opinion concerning data practices.
~~.~i
The impact upon Richfield is that a large portion of the
information previously supplied to a title company by the City
through a special assessment search is now provided through this
private individual. He, in turn, charges the title company but
is able to obtain the information from the City at no cost.
Recommended Motion:
Adopt the attached resolution modifying policies and fees for
assessing services.
Basis of Recommendation:
1. There is a need to establish policies, procedures and fees
which uniformly treat requests for information anal comply
with all aspects of the Data Privacy Act.
2. The fees and pliciescontained in the attached resolution are
comparable to those followed by municipalities in the
metropolitan area for the same information.
3. The common practice of providing special assessment searches
for a fee throughout the metropolitan area has been changed.
4. The City Attorney has recommended these modifications.
Alternative Recommendation:
1. The City could adopt the policies and procedures,
modifying them in some manner, or decide to either increase
or decrease the fees proposed therein.
2. The City Council could decide not to adopt the attached
resolution and simply direct staff to continue to operate
under the current practice. However, the City and its
employees could be found to be out of compliance with the
Minnesota Data Practices Act.
Discussion/Decision Mode:
It would be appropriate for the City Council to consider this
matter at the next council meeting so that the policies and
procedures could be in effect to assist the Assessing Division in
dealing with the new special assessment request situation.
Respectfully submitted,
Jame D. Prosser
City Manager
JDP:eja
T,~~~~
RESOLUTION N0.
RESOLUTION ESTABLISHING POLICIES, PROCIDURES, AND FEES FAR THE
ASSESSING DIVISION
WFiFRFAS, the City Assessing Division provides a variety of services to
the public, to Title Companies and to Realtors, relating to information
necessary for sale and purchase of property; and
special assessment searches are requested when closing on
purchased properties; and
~E~S, listing information is requested when there is an interest in
property sales or purchases; and
WF.~2EAS, residential property records are requested when comparing
properties for market values; and
certain specific information, such as Special Assessment
searches, property listing information, comparable residential property
records and homestead information are regularly sought by Realtors, Title
Companies and homeowners in the sale and transfer of property within the City
and homeowners in the sale and transfer of property within the City; and
I~FREA.S, the above list of requests for information constitutes a large
portion of the work load of the City Assessing Division; and
F~32FAS, it would be desirable to establish policies and procedures, as
well as set fees for the distribution of said information by the Assessing
Division.
1~X7W, ~, SE IT RF~OLVID that the City Council hereby establishes
the following policies, procedures and fees for dissemination of certain
information in the City's Assessing Division.
I. SPECIAL ASSESSMEN'T' SEARCHES PROCIDURES
Provided, upon receipt of
written request for multi-
ple searches or phone re-
quest for same day pickup
of a single search, by
City Assessing Division
identifying levied and
pending assessments.
Provide verbal update by
phone of previously re-
quested certified City
special assessment
searches.
Do not provide additional
billing statements for
Provide written request
and $10.00 fee per
Property Identification
Number (PID). Searches
are normally in the
mail 24 hours after
receipt.
Provided the same day
if a single certified
or non-certified search
is requested and if
picked up at the City.
Provided the following
work day for multiple
certified or non-certi-
FEES
$10.00 per Proper-
ty Identification
Number (PID). The
search is a bill-
ing statement.
Provided free of
charge if a certi-
fied City search
is not requested.
Hcaneowner may re-
quest a $10.00
search for closing
purposes.
~~~~
assessments. fied search requests and
will be available for
pickup after 3:00 P.M.
Verbal verification (up-
date) of City certified
levied and pending
assessments before
closing. After identi-
fying self , caller will
provide property address,
PID number, date and
receipt number of search.
II. LISTING INFORMATION PROCEDURES FEES
Provide, upon multiple A phone or written re- $2.00 per PID
written or a single phone quest and receipt of number or per
request, printouts. $2.00. printed sheet.
Printouts include: Allow 1/2 hour before Homeowners may
pickup for a single pro- request a free
PID number petty request to prevent printout.
Estimated Market Value waiting for information.
Tax information Provided free of
Owner/taxpayer Allow 24 hours from charge if printout
Legal Description receipt of request for is not requested.
Special assessments (levied pickup of listing
and pending) information on multiple
Lot size properties.
Year built
Give name, firm, address
Provide verbal updates of property and PID number
by phone of previously (if available) for
requested City printouts. requests.
Three listing inquiries
on the following
accessible information
will be provided by phone
by the City:
PID number
Year built
Lot size
School district
Legal description
Taxes
Mill rate for Richfield
Estimated difference
between homestead and
and non-homestead tax
amounts
Fee owner/taxpayer
~~~=
Market value
Homestead status
Square footage of resid-
ential buildings will not
appear as listing infor-
mation on printouts unless
requested. Square footage
for rental properties are
protected under the Data
Privacy Act; and, there-
fore, will not be given
as listing information.
Special assessments and
square footage of buildings
will not be given by phone.
However, they will be given
at the City office when
requested. .Exception:
Homeowners will be given
s~z~ecial assessments and
square footage by phone if
they provide their social
security numbers. Otherwise,
the owner can request a free
complete listing printout.
Give name, firm, property
address, PID number,
date of printout and
receipt number when
updating printouts.
Requested complete list-
ing information, without
a requested printout,
will be partially supplied
verbally by the Assessing
Division. The Division
will orally supply
special assessments,
next year's market value
(when available),
homestead status, and
property characteristics.
Requesting party will be
allowed to use the
County's terminal screen
for additional information
(only screens 101, 103,
108 and 109). Inter-
ruptions will occur for
City use. Time limits
~3~~
III . REVIE(nT OF COMPARABLE
RESIDENTIAL PROPERTY
RECORDS
Provide a field card
record of a subject pro-
perty and comparable
properties.
on the County's terminal
will be set based on
City's immediate needs.
PROCIDURES
Request for more than
five properties must be
submitted in writing and
include individual
property addresses (PID
numbers will help cut
our response time).
The individual must
allow the City to set
the time convenient
for the City to
supply information
on a one-on-one basis.
May request $.25
per copy for up to
five comparable
properties.
Free of charge
when personally
writes information
supplied by
the Assessing
Division.
More than five ccan-
parable properties,
will be allowed to
view and record
information under
strict supervision
of the Assessing
Division.
The City will not
assemble or analyze
data.
Passed by the City Council of the City of Richfield, Minnesota this 12th day
of December, 1988.
Steven J. Quam
ATTEST:
Mayor
Thomas P. Ferber City Clerk
~ ~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 307
Agenda, December 12, 1988
Issue Statement:
Purchase of 4 Wheel-Drive Tractor.
Background•
A four-wheel-drive utility tractor being used by the Park
Maintenance Division is fully depreciated and scheduled to be
replaced in 1989. The vehicle is primarily used for sidewalkd
plowing. After evaluation of the equipment with users it was
determined that ti should be replaced. On Wednesday, November
30, 1988, bids were opened in a formal bidding process. The
results are as follows:
McQueen Equipment, Inc.
Base Bid: $38,516
Less Trade-In of
1978 MT Trackless 4WD Tractor ($ 9 000)
TOTAL 29,516
Boyum Equipment, Inc.
Base Bid: $41,183
Less Trade-In of
1978 MT Trackless 4WD Tractor ($ 4 506)
TOTAL 36,677
The 1989 Central Garage Capital Outlay budget contains $35,000
for this purchase.
Recommended Motion:
Approve the purchase of a 4 Wheel-Drive Tractor from McQueen
Equipment, Inc. for the sum of $29,516.
Basis of Recommendation:
1. Although the MT Trackless bid by McQueen Equipment, Inc. does
not entirely meet the specifications with regard to cab
specifications and dump box, staff feels the price difference
of $7,161 more than offsets the disadvantages.
2. The availability of new attachments; i.e., a 10' mower deck,
for the MT Trackless would make the tractor more versatile
for summer as well as winter maintenance. Savings on the
base bid could partially fund the purchase of attachments.
3. The Boyum did not have a suitable replacement vehicle
competitive with McQueen.
Alternative Recommendation:
Council may choose to reject all bids and instruct staff to
obtain readvertise. However, staff does not believe we can
obtain a better price for specified equipment and readvertising
would delay timely delivery of this equipment.
~:3:~=/
Discussion/Decision Mode:.
Staff is requesting approval
timely delivery of this piece
at this time in order to ensure
of equipment.
Respectfully submitted,
Jame D. Prosser
City Manager
JDP/eja
CITY OF RICHFIELD, MINNESOTA
Bid Opening
November 30, 1988
11:30 A.M.
One (1) Four-Wheel Drive Type Tractor
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 one (1) four-wheel drive type tractor, as advertised in
the official newspaper on November 16, 1988.
Present: Thomas Ferber, City Clerk
Byron Wallace, Community Development Director
Eileen Anderson, City Manager Representative
Randy Hughes, Operations Coordinator
The following bids were submitted and read aloud:.
VENDOR J BID I BASE J .TRADE J (
I I I BID J IN I TOTAL J
I I I i I
i I I I
Boyum Equipment, Inc. I Cashiers I 41,183 i 4,506 J $36,677 i
i I Check I I i I
I I I I I I
I
McQueen Equipment,Inc i 5% Bond i 38,516 i 9,000 i $29,516
The City Clerk announced that the bids would be tabulated and considered
at the December 12, 1988 City Council Meeting.
Thomas P. Ferber City Clerk
~y~ ~.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 306
Agenda December 12, 1988
Issue Statement:
Purchase of fertilizer for Rich Acres Golf Course use in 1989.
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 and other agencies have a joint purchasing
agreement with Hennepin County for various merchandise, materials
and equipment. One of the items cooperatively bid is fertilizer.
For 1989, Scotland Yard/Paris & Sons, Inc. was the low bidder on
nitrogen source Iso-Bulytindne Di-Urea (IBDU) slow release
fertilizers used at Rich Acres Golf Course. There is a discount
of one-half percent if the order is paid in 20 days.
The adopted 1989 operating budget for the golf course includes
$16,500 for purchase of fertilizer. The following information is
provided for comparison purposes:
24-4-12 nitrogen source
Tons Unit
Ordered Price
1986 18 $698.00
1987 18 $698.00
1988 17 $698.00
Proposed for 1989 17 $697.80
IBDU fertilizer
Vendor
Turf Supply Co.
Turf Supply Co.
Turf Supply Co.
Scotland Yard/Paris & Son
Recommended Motion:
Authorize the purchase of fairway fertilizer to be used in 1989
at Rich Acres Golf Course from Scotland Yard/Paris & Sons, Inc.
in the estimated amount of $11,862.60 less a one-half percent
discount for payment in 20 days for a net estimated total
purchase price of $11,803.29
Basis of Recommendation:
1. Scotland Yard/Paris & Sons, Inc. is the lowest responsible
bidder through the Hennepin County purchasing arrangement.
2. By participating in the joint purchasing agreement, the
City is obligated to order through the Hennepin County
contract.
3. Sufficient funding is available in the 1989 budget.
Alternative Recommendation:
As our participation in the Hennepin County joint purchasing
agreement obligates the City to purchase from Scotland Yard/Paris
& Sons, Inc., there is no alternative recommendation.
~~-~ `/
Discussion/Decision Mode:
This item is on e consent calendar of the December 12, 1988
Council agenda. It is recommended action be taken at this time.
Respectfully submitted,
Jame D. Prosser
City Manager
JDP/eja
~~-~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 305
Agenda, December 12, 1988
Issue Statement:
Purchase of Water Treatment Chemicals 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.
Each year the City purchases chemicals for use in treatment of
water at the Water Plant. Hydrofloursilic Acid is required by
Minnesota State law as a fluoride addition to drinking water.
Funding in the amount of $8,000 is included in the 1989 Water
Maintenance Budget. However, this figure will need to be revised
upward as the price for Hydrofloursilic Acid increased nearly 50~
this fall due to a decrease in fertilizer production for the farm
market. Other chemicals used in the treatment process are coming
in under estimated cost so an increased cost for Hydrofloursilic
Acid should not have a significant impact on the overall budget.
Two vendors were contacted and proposals received from both for.
the estimated 6,000 gallons of Hydrofloursilic Acid needed:
Dixie Petro-Chem, Inc. $1.80 per gallon
Hawkins Chemical, Inc. $1.85 per gallon
Hawkins Chemical, Inc. has been the supplier of Hydrofloursilic
Acid at a price per gallon of $1.133 in 1987 and $1.233 in 1988.
Recommended Motion:
Approve the 1989 Master Purchase Order for Dixie Petro-Chem, Inc.
for an estimated 6,000 gallons of Hydrofloursilic Acid at a unit
price of $1..80 for an estimated total purchase price of $10,800.
Basis of Recommendation:
1. The chemical is a necessary part of the water treatment
process.
2. Dixie Petro-Chem, Inc. submitted the lowest quotation.
3. There is sufficient funding available for the purchase.
Alternative Recommendation:
Council may choose not too accept either of the quotations and
instruct staff to obtain new quotes. However, staff does not
believe better prices can be obtained at this time.
~~'~~'-/
Discussion/Decision Mode:
Staff is reques ing approval at this time in order to facilitate
the necessary paperwork.
Respectfully submitted,
Jame D. Prosser
City Manager
JDP/eja
~~ ~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 304
Agenda, December 12, 1988
Issue Statement:
Purchase of turbidity meters 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 approved 1989 Water Maintenance Division Budget contains
$12,000 for the purchase of turbidity meters. These meters
measure the amount of suspended material in the outflow of the
filters and the accelator outflow. This, in turn, dictates the
backwash cycles and the quality of the filter outflow.
Staff received quotations that meet all of the specifications for
the turbidity meters from two suppliers:
Automatic Systems $10,683
Hach Company $11,265
Recommended Motion:
Approve the purchase of seven turbidity meters from Automatic
Systems for the sum of $10,683.
Basis of Recommendation:
1. Automatic Systems met all staff specifications for this
equipment and submitted the low quote.
2. There is sufficient funding available for this purchase.
Alternative Recommendation:
Council may choose to reject the quotations and direct staff to
obtain new quotes; however, staff does not believe we can obtain
a better price for this equipment and still have it meet
specifications.
Discussion/Decision Mode:
Staff is requesting approval at this time in order to assure
timely delivery of this equipment after the first of the year.
Respe t lly submitted,
Jam D. Prosser
Cit Manager
JDP/eja
~~' f
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 303
Agenda December 12, 1988
Issue Statement:
Purchase of vehicles for use by Public Safety Department.
Background:
Four full size sedans being used by the Public Safety Department
are scheduled to be replaced in 1989. All four of the cars are
currently in use. These Chevrolet Caprice squad cars were
purchased in 1987 and will be fully depreciated in 1989. The
extent and nature of the use of these cars indicates a two year
replacement schedule. A total of $50,000 was appropriated in the
1989 Central Garage Capital Outlay Budget for these purchases.
Purchase of new vehicles has been coordinated with Hennepin
County's bid process. The lowest responsible bid for the type of
vehicle required was submitted by Viking Southdale Ford.
Actual cost per marked squad car in 1988 was $12,042. Estimated
cost for a 1989 car was $12,500. The actual bid price per car in
1989 came to $13,429 for each of the three marked squads and
$13,292 for one unmarked car. Although the budgeted amount for
squads is $3,579 short, staff does not believe we can obtain a
better price than through the Hennepin County bid process. Staff
recommends accepting the bid and revising the budget accordingly.
Recommended Motion:
Authorize the purchase of four Ford Crown Victoria full-sized
police sedans, through the joint Hennepin County purchasing
agreement, from Viking Southdale Ford for a total purchase price
of $53,579.
Basis of Recommendation:
1. Several manufacturers of full size cars were requested to
submit bids following predetermined specifications. Of the
bids submitted, Viking Southdale Ford was the lowest
responsible bidder for the type of car requested.
2. The City of Richfield is in need of replacing four fully
depreciated squad cars.
Alternative Recommendation:
Council may choose to reject this bid 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 a better
price from a responsible manufacturer.
~~ ~ "~
Discussion/Decision Mode:
The purchase price stated is guaranteed through December 23,
1988; therefore, in order to take advantage of the low bid, staff
is requesting approval of the purchase of these vehicles at the
December 12, 1988 City Council meeting.
Respectfully submitted,
Jam D. Prosser
City Manager
JDP/eja