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03-28-88 agenda-*/D CITY OF RICHFIELD, MINNESOTA Council Letter No. 90 Agenda March 28, 1988 Issue Statement: Consideration of appointment of a Council Member to represent the City on the Southwest Suburban Cable Commission. Background: At the January 25, 1988 City Council meeting, the City Council appointed Mayor Steve Quam and City Manager Jim Prosser as directors to the Southwest Suburban Cable Commission. Council Member Ivan Ludeman and Administrative Services Director Steve Devich were appointed as alternative directors. The Southwest Suburban Cable Commission is comprised of representatives of the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield. The Commission meets the first Wednesday evening of each month. Mayor Quam is requesting that he be replaced on the Commission by another Council Member. Recommended Motion: Appoint a Council Member to serve as a Director to the Southwest Suburban Cable Commission to replace Mayor Quam. Basis for Recommendation: 1. Mayor Quam has requested that he be replaced on the Commission. Alternative Recommendation: 1. None Discussion/Decision Mode: This item has been placed on the March 28, 1988 Council agenda for Council action. Respectfully submitted, Jam Prosser Cit Manager JDP/eja 0 j' CITY OF RICHFIELD • Council Letter No. 89 Agenda, March 28, 1988 Issue Statement: Payment of legal fees in excess of $5,000 to defend claim from Restaurant Ventures Two, Inc. Background: On October 13, 1986, the City Council denied a special use permit to construct a "Two Pesos" restaurant on the former Robert Hall site. Restaurant Ventures Two, Inc., the applicant, filed suit. The company claimed the denial was illegal and had caused damages in excess of $50,000. The suit was defended by Attorney Pierre Regnier. Mr. Regnier was acting on behalf of the city and the city's insurance carrier, The League of Minnesota Cities Insurance Trust. The city prevailed by obtaining Summary Judgment from the lower court. The claimant then appealed the decision to the State Court of Appeals, which upheld the decision of the lower court. The total costs thus far for legal defense of this case total $13,439.99. Recommended Motion: Authorize the payment of attorney fees in the amount of $13,439.99 from the city's Self Insurance Fund. Basis of Recommendation: 1. The city's insurance coverage for this type of claim provides for a $50,000 deductible per occurrence. This requires the city to pay for claims and defense expenses below the deductible amount. 2. The city has provided funding for such defense expenses with- in the Self Insurance Fund. 3. Payment for legal services in this case are now due. Alternative Recommendation: None Discussion/Decision Mode: This item is scheduled for the March 28, 1988, City Council meeting. Respectfully submitted, Jame . Prosser City anager JDP/sae 7 CITY OF RICHFIELD, MINNESOTA Council Letter No. 88 Agenda March 28, 1988 Issue Statement: Appointments to the 1988 Board of Equalization (Board of Review). Background: City Charter provides that the Local Board of Equalization shall consist of all of the City Council Members and two Richfield residents experienced in real estate matters. The purpose of the Board is to hear appeals from the property owners concerning their property taxes. Mr. Lawrence Emond and Mr. John Janski served on the Board of Equalization as residential representatives for the first time in 1983. They have both expressed a willingness to serve on the Board again in 1988. Mr. Emond, 6325 Russell Avenue, has been an independent property appraiser for over 12 years. His primary work involves conducting property appraisals for financial institutions. He is also experienced in building construction and has held a real estate license. Mr. Emond has been a Richfield resident in excess of 25 years. Mr. Janski, 6500 Second Avenue, has been a real estate appraiser for over 40 years, and is the past president of the Minnesota Chapter of the American Institute of Real Estate Appraisers. He has been a Richfield resident for over 30 years. Both Mr. Emond and Mr. Janski have five years experience on the Local Board of Equalization. They have both been active members of the Board and have contributed valuable input as the Board made determinations on appeals presented by Richfield citizens. It is recommended that the compensation for the resident members be set at $37.00 per session, or $15.00 per hour per session, whichever is greater. The rate proposed represents an increase. of $3.00 per session and $1.00 per hour over the previous rate, which was set in 1986. Recommended Motion: Approve the attached resolution confirming the appointment of Mr. Emond and Mr. Janski to the 1988 Board of Equalization, at the proposed level of compensation stated herein. Basis of Recommendation: 1. Both Mr. Emond and Mr. Janski are 'very knowledgeable and experienced in the areas of real estate appraisals. 2. Both Mr. Emond and Mr. Janski have served on the Richfield Board of Equalization in the past, and have done a very good job in that capacity. 3. It is required by City Charter that there be two resident representatives on the Board of Equalization. Alternative Recommendation: 1. The City Council could select other individuals as resident representatives of the Board of Equalization, in place of either Mr. Emond or Mr. Janski or both. Discussion/Decision Mode: It is requested that the City Council set the appointment of Mr. Emond and Mr. Janski at the council meeting of March 28, 1988. The Board of Equalization will meet at 7:00 P.M. Monday, May 2, 1988. The appointment at the council meeting of March 28, 1988 ensures that the city staff has adequate time to set residents appointments to the Board. Respec ully submitted, Ja a D. Prosser Citey Manager JDP/eja LJ 7 RESOLUTION NO. A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION BE IT RESOLVED, that the City Council of the City of Richfield, Minnesota hereby approves the City Manager's appointment of Mr. Lawrence Emond and Mr. John Janski as 1988 resident members on the Board of Equalization as provided in Chapter 7 of the City Charter. BE IT FURTHER RESOLVED, that compensation for the two resident members of the Board of Equalization be set at a minimum of $37.00 per session of the Board, or $15.00 per hour per session of the Board, whichever is greater. Passed by the City Council this 28th day of March, 1988. Steven J. Quam Mayor ATTEST: 0 Thomas P. Ferber City Clerk • CITY OF RICHFIELD, MINNESOTA -Council Letter No. 87 Agenda March 28, 1988 Issue Statement: Consideration of an amendment to Resolution No. 7029 Establishing the Advisory Board of Health to permit the appointment of high school students as liaisons to the board. Background: The Advisory Board of Health would like students in the junior or senior grades to serve as liaisons to the Board. The students would be nonvoting members, but could provide valuable input to the Board regarding student health programs and/or problems. Number 7 of the attached resolution would permit the Advisory Board of Health to contact the high schools in the City for recommendations for appointment. The student liaisons would be appointed by the board. Recommended Motion: Approve the resolution amending Resolution 7029, which established the Advisory Board of Health to add a section permitting the appointment of students as liaison members of the Advisory Board of Health. Basis for Recommendation: 1. The Advisory Board of Health believes students could provide valuable input to the board regarding student health programs and problems. Alternative Recommendation: 1. Not approve the resolution. Discussion/Decision Mode: This resolution has been placed on the March 28, 1988 Council agenda for consideration. Respectfully submitted, James Prosser City nagger JDP/eja -7?1 ?7_ / RESOLUTION NO. • RESOLUTION AMENDING RESOLUTION 7029 ESTABLISHING THE ADVISORY BOARD OF HEALTH WHEREAS, the purpose, duties and responsibilities of the Richfield Advisory Board of Health shall be: 1. The Advisory Board of Health shall serve in an advisory capacity to the City Council. 2. Membership shall consist of at least nine and not more than 12 members. All members must be residents of the City of Richfield. Members will be appointed by the City Council for two-year terms. No member may serve more than three consecutive terms. 3. Membership on the Advisory Board of Health shall consist of members representing the following: 113 (not to exceed four members) shall be health care providers (including three licensed health professionals). 1/3 (not to exceed four members) shall be consumers representing community organizations. 1/3 (not to exceed four members) shall be a • representative balance of the residents of the community. 4. Terms of members shall begin on the first day of the month following their appointment, and shall continue until the 31st day of January of the year in which their term expires; or until their successor is named; subject, however, to prior termination as otherwise provided in this resolution. 5. The board shall elect its own officers. 6. In addition to the 9 to 12 members of the Advisory Board of Health, the City Council shall designate a City Council Member as liaison and a second Council Member as alternate liaison. 7. Students in the junior and senior grades, recommended by their high schools, may be appointed by the board to serve as liaisons to the board. 8. Staff services for the board shall be provided by the Public Safety Department. The Health Administrator shall serve as staff liaison. 9. The duties of the Advisory Board of Health shall be to • advise, consult with, or make recommendations to the City Council on matters relating to the development, • maintenance, funding and evaluation of community health services and programs. 10. Any of the following acts shall cause the office of a regular member to become vacated: (a) death (b) disability or failure to serve, shown by failure to attend three consecutive regular meetings of the commission without good cause (c) removal of legal residence in the city (d) resignation in writing (e) removal by the City Council and (f) election or appointment to a public office. Passed by the City Council of the City of Richfield this 28th day of March, 1988. Steven Quam Mayor ATTEST: Thomas Ferber City Clerk • 0 CITY OF RICHFIELD, MINNESOTA • Council Letter No. 86 Agenda March 28, 1988 Issue Statement: Adoption of a resolution deferring certification of special assessment for Academy of the Holy Angels fire suppression improvements. Background: In the summer of 1987, the City of Richfield sold $1,080,000 of special assessment bonds. These bonds included funds to pay for the 1986-87 alley paving public improvements, as well as $610,000 for the fire suppression improvements at the Academy of the Holy Angels. In September of 1987, the City Council adopted an assessment rate of 8% for these projects. Those projects were subsequently certified to Hennepin County to be spread to the affected property owners for payment commencing in 1988. Since that assessment was certified, Holy Angels has spent only $46,000 of the $610,000 bond proceeds. The balance remains invested with the City of Richfield. Payment for interest on the entire amount would become due and payable for May of 1988. • Since the majority of the project funds have not been spent to date, it is appropriate at this time to defer the certification of the Holy Angels project until the fall of 1988 when the majority of the funds would have been expended. This would be in keeping with the practice the City has followed in other such assessment projects. Recommended Motion: It is recommended that the City Council adopt the attached resolution cancelling the certification of special assessments for the Holy Angels fire suppression project payable in 1988. Basis of Recommendation: 1. The proceeds of the bond sale pertaining to Holy Angels, for the most part, have not been spent. 2. The project of fire suppression improvements is slated to begin in earnest during the late spring of 1988. 3. The City Attorney's office has indicated that it would be legal to postpone this assessment until such time as the majority of funds have been expended. 4. In most cases, the City does not certify an assessment until after a project has been totally completed. • 5. The project was certified in 1987 because of the paperwork necessary for the impending bond sale, and because it was originally thorught that a greater part of the project would . be completed before now. Alternative Recommendation: 1. Leave the certification as it was adopted in 1987. Discussion/Decision Mode: This item should be considered at the March 28 meeting to allow the County ample time to issue a modified property tax statement if the Council decides to defer the certification of the special assessment. Respectfully submitted, Ja D. Prosser Ci y Manager JDP/eja 0 0 RESOLUTION NO. RESOLUTION CANCELLING CERTIFICATION OF SPECIAL ASSESSMENT FOR ACADEMY OF THE HOLY ANGELS FIRE SUPPRESSION IMPROVEMENTS WHEREAS, the City of Richfield has certified a special assessment for the fire suppression improvements for the Academy of the Holy Angel; and WHEREAS, the assessment adopted contained a provision which imposed an 8% per annum interest charge on the unpaid balance of said special assessment; and WHEREAS, the Academy of the Holy Angels has not completed but $35,000 of the total of $610,000 project; and WHEREAS, the City of Richfield normally certifies an assessment after either the majority or total work slated for public improvement has been completed; and WHEREAS, there would be no adverse impact upon the City to cancel the certification of said special assessment for 1987 and recertify it after such time as the project has been substantially completed. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the 1987 certification for the Academy of the Holy Angels fire suppression improvements special assessment has been cancelled; and NOW9 THEREFORE, BE IT FURTHER RESOLVED that the City Council shall recertify said special assessment at a future date after substantial completion of the fire suppression improvements. Adopted this 28th day of March, 1988 by the City Council of the City of Richfield. Steven J. Quam Mayor ATTEST: Thomas P. Ferber City Clerk 0 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 85 Agenda March 28, 1988 Issue Statement: Consideration of an amendment to the ordinance establishing the Human Rights Commission to amend the terms of youth members. Background: The ordinance establishing the Human Rights Commission provides that the commission be comprised of ten members appointed for three year terms. The ordinance is confusing in that it also provides that persons appointed as "youth" members shall be appointed for terms that coincide with their graduation from high school. Traditionally, the commission has had two high school students serve as youth members. However, with terms expiring upon graduation from high school, these two positions are often vacant for several months at time. An ordinance amendment has been prepared which would: • -Provide that eight members be appointed for three year terms. -Provide that two "youth" members be appointed for one year terms. -Eliminate the need for youth members to be considered when establishing a quorum. Recommended Motion: Give first reading to an amendment to Chapter III, Section 305, Subd. 4 of the ordinance code relating to the terms of Human Rights Commission members, and schedule the second reading and public hearing on this ordinance for the April 25 City Council meeting. Basis for Recommendation: 1. The current ordinance does not a clearly state the term for commission members. 2. The commission has requested that youth member terms be for a one-year period rather than expiring upon graduation from high school. 3. The amendment will not limit the appointment of youth members to high school students. Alternative Recommendation: 1. Do not approve first reading and continue the membership • in its current form. • Discussion/Decision Mode: This ordinance amendment has been placed on the March 28 council agenda for first reading consideration. Respectfully submitted, James. Prosser City anager JDP/eja • 0 • AMENDMENT TO CHAPTER III SECTION 305, SUED. 4 OF THE ORDINANCE CODE RELATING TO THE COMPOSITION OF THE HUMAN RIGHTS COMMISSION Subd. 4. Composition of the commission. The commission consists of ten members appointed by the council. [Eight] +F [m]embers ape [shall be] appointed for terms of three years, except that (i) a person appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor in that term was appointed shall be appointed only for the remainder of such, and (ii) [Two] person[s] eftr- [shall be] appointed as -a "youth" member[s] , eyer-eeeur-5first. for one year terms.] Upon the expiration of the member's term of office, a member shall continue to serve until a successor is appointed and qualifies. Members serve without compensation and may be removed from office at any time by the council, but after a public hearing if a hearing is requested by the member whose removal is being considered. [Youth members shall not be considered when determining a quorum.] 0 CITY OF RICHFIELD, MINNESOTA Council Letter No.84 Agenda March 8, 1988 Issue Statement: Renewal of On-Sale Non-Intoxicating Malt Liquor License for Kinhdo Restaurant, 6345 Penn Avenue. Background: The application and certificates of liquor liability and workers compensation insurance coverages have been submitted for the renewal of the on-sale 3.2 beer license for Kinhdo Restaurant. The required license fee has been paid. Jennifer Bui is owner and manager of the restaurant. She recently purchased the restaurant from Hugo Ngo. Ms. Bui has no criminal history. For the past 12 months there have been 10 Public Safety contacts with Kinhdo Restaurant. This compares with 9 contacts for the previous year. Two of these contacts were of a criminal nature. Recommended Motion: Approve the renewal of the non-intoxicating malt liquor license for Kinhdo Restaurant, 6345 Penn Avenue. • Basis of Recommendation: 1. The applicant has complied with all of the provisions of both the city ordinance and state statutes pertaining to 3.2 beer licensing. 2. The applicant has demonstrated that the business is an asset to the community. Alternatives 1. The council could decide to continue the license renewal. If the renewal is continued, the council must grant a license extension to allow the applicant to continue to sell 3.2 beer until the license can be reconsidered. 2. The council could decide to suspend or revoke the license. Any suspension or revocation must, according to Minnesota State Statute 340A, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance pertaining to alcoholic beverages. The council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages. Therefore, it is recommended that the license not be revoked or suspended. • 17 Decision Mode: The request for the scheduled for March renewal of this 3.2 beer license has been 14, 1988. Respectfully submitted, Jame Prosser City anager 0 JDP/eja 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 83 Agenda March 28, 198 Issue Statement: Renewal application from Minnesota Animated Restaurants d/b/a Chuck E. Cheese's Pizza Time Theatre for On-Sale Non-Intoxicating Malt Liquor License. Background: On February 24, 1988, the city received the application for the renewal of the on-sale non-intoxicating malt liquor license from Chuck E. Cheese Pizza Time Theatre, 2900 A West 66th Street. The required license fee has been paid. The corporate structure of Chuck E. Cheese remains unchanged from the previous year. Mr. Kelvin Lee continues to be the managing partner. Mr. John D. Tidd continues to be the Restaurant Manager. Neither of these individuals has any known criminal record. The lease agreement between the applicant and Southdale Square Inc., continues to be in effect with all payments current. The applicant has provided the required liquor liability and workers compensation insurance coverages. All general real estate, state withholding and sales taxes have been paid and are • current. There have been no major incidents involving the Public Safety Department and the applicant during the past twelve months. Due to confusion and changes in the mailing addresses of several businesses next to Chuck E. Cheese, the Public Safety Department was not able to accurately track the number of contacts with the applicant. This confusion has been resolved and the correct addresses recorded on the computer system. Recommended Motion: Approve the renewal of the on-sale non-intoxcating malt liquor license for Chuck E. Cheese Pizza Time Theatre. Basis of Recommendation: 1. The applicant has complied with all of the provisions of both the city code and state statute(s) pertaining to 3.2 beer licensing. 2. The applicant has demonstrated that the business is an asset to the community Alternatives: 1. The council could decide to continue the renewal request. If the renewal is continued, the council must grant a license extension to allow the applicant to continue to sell 3.2 beer until the license can be reconsidered. 2. The council could decide to suspend or revoke the license. Any suspension or revocation must, according to Minnesota State Statute 340A, be based upon a finding that the licensee • has failed to comply with an applicable statute, rule or ordinance pertaining to alcoholic beverages. The council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Admionistrative 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. DecisionMode: The request for the scheduled for March renewal of this 3.2 beer license has been 28, 1988. Respectfully submitted, J D. Prosser C y Manager JDP/eja C? 0 I CITY OF RICHFIELD, MINNESOTA • Council Letter No. 82 Agenda March 28, 1988 Issue Statement: Presentation by Richfield High School Students About Activities for Kevin Hoemke Day Background: Kevin Hoemke, a Richfield high school student, was severely injured in an automobile accident in December, 1987. He has been hospitalized since that time, and the medical bills are extremely high. Kevin was also a student member of the Richfield Human Rights Commission. Richfield High School is organizing events to be held the week of April 9 To help defray some of Kevin's medical costs. Lisa Pugh, and two other high school students, have requested an opportunity to appear before the Council on March 28 to talk about the activities planned for the week of April 9. Recommended Motion: • Hear the presentation. Basis for Recommendation: 1. A request has been made to appear before the Council. 2. The City Council is in full support of these activities. Alternative Recommendation: 1. None Discussion/Decision Mode: This item has been placed in the Presentation section of the March 28, 1988 City Council agenda. Respectfully submitted, Jai eDProsser Ci Manager JDP/eja 01