12-12-83 agendal�? /4;�
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
•
Council Letter No. 421
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Application for Taxicab Business License
for Suburban Taxi Corporation, 9309 Lyndale
Avenue
The city has received an application for a taxicab business
license for Suburban Taxi Corporation, located at 9309 Lyndale
Avenue in Bloomington. A fee of $252 has been submitted which
would license six taxicabs in the City of Richfield.
Suburban Taxi Corporation is a Minnesota corporation and was
incorporated in August, 1982. The original owners sold the corpor-
ation to Mr. Ronald O. Bartels in October of this year, and are no
longer a part of the corporation. Mr. Ronald Bartels is a resi-
dent of Apple Valley and has approximately 15 years of experience
in the taxicab business. Mr. Bartels worked for Southwest Cab
Company from January, 1968 until April, 1973, at which time he
went to work for Suburban Taxi. He worked for Suburban Taxi until
1979, and with Yellow Cab of Minneapolis from 1979 to 1981. In
1981 he worked for Airport Taxi until October, 1983, at which
time he purchased Suburban Taxi. Mr. Bartels has no known crim-
inal record.
Suburban Taxi proposes to operate six taxicabs in the City
of Richfield, and these taxicabs will be licensed and subject to
inspection by the Public Safety Department upon approval of the
business license. Mr. Bartels is uncertain at this time as to
whether or not he will operate any cab stands in the city. However,
if he were to initiate any cab stands within Richfield, he would
very likely pick the Hub area and the area of the Inn at 76th
Street and Cedar Avenue.
Certificates of insurance have been supplied to the city
and appear to be in accordance with ordinance requirements. Dur-
ing the background investigation contact was made with the insur-
ance agency carrying Suburban Taxi's insurance and it was reported
that the policies are in effect and that the rates are the same
rates that are charged for policies in the metropolitan area. It
•
should be noted that cab companies have been known to secure in-
surance at rates that are considerably lower than would be charged
if they were working away from the metropolitan area even though
Council Letter No. 421
-2-
their primary operation is conducted in the metropolitan area.
This does not appear to be the case with Suburban Taxi Corporation.
It is the recommendation of the Director of Public Safety,
in which I concur, that the city council give favorable consider-
ation to the approval of the application submitted by the Suburban
Taxi Corporation for a license to operate six taxicabs in the
City of Richfield.
w
s ctf 1 bmitted,
John G. J/Ca',rt ight
City Manager
JGC /ej a
cc: Public Safety Director
City Clerk
so
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CITY OF RICHFIELD, MN NESOTA ` L
Office of City Manager
Council Letter No. 420
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
1984 Alley Maintenance Special Assessment Project
The policy adopted by the city council in 1980 for the perman-
ent improvement of the city's alleys by paving provides that paving
of an alley will be undertaken by petition of the owners represent-
ing more than 50% of the abutting property alley footage. The
alley paving projects are to be initiated on a yearly basis, with
those alleys in the city which are not paved or scheduled to be
paved, subject to special assessment for annual maintenance costs
such as patching. In order to implement this alley maintenance
policy, it is necessary for the city council to initiate a specific
alley maintenance project. The policy states, "all costs involved
in maintaining an alley will be assessed against the property
abutting the alley." In 1981, the maintenance functions covered
in the assessment included such repair work as rough grading,
sweeping, cleaning of potholes and cold patching. In 1982, the
maintenance functions covered by this assessment included not only
the repair work, but also an assessment to all alleys for snow-
plowing. In 1981 and 1982 the time periods for the assessment
project were April 1 - March 31. In 1983, the assessment period
was April 1 through December 31, and included repair work as well
as snowplowing. At the time the 1983 assessment project was estab-
lished, it was noted that "in 1984, a special assessment project
for alley maintenance would be for the calendar year, January 1 -
December 31."
Community Services Department personnel estimate the 1984 alley
maintenance cost for the period January 1 - December 31 to be
$19,000. Assessments will vary according to the amount of repair
work necessary on any individual alley. Alleys which were paved
in 1981, 1982, 1983 or are to be resurfaced in 1984, will not be
assessed for the repair type maintenance. The second part of the
estimated annual cost is the cost for snowplowing. Weather con-
ditions will have a major impact on the actual assessment costs
for snowplowing. All alleys in the city are assessed for snow-
plowing whether permanently improved or not. Therefore, the
• current maintenance costs for alleys to be assessed to abutting
property owners in 1984 will be based on a per alley block calcu-
lation of actual cost for alley repair and a calculated shared cost
of the actual cost for snowplowing.
Council Letter No. 420 -2-
Of the $19,000 estimated total cost for the period January
• 1 through December 31, 1984, a homeowner on a 50 foot lot adjacent
to a paved alley could anticipate an assessment for snowplowing
in the estimated amount of $7.00. A homeowner on a 50 foot lot
on an alley being repaired could anticipate an assessment for
snowplowing in the amount of $7.00, and an assessment for alley
repair in the estimated amount of $12.00, for a total estimated
assessment of $19.00. In each case, assessments will vary depend-
ing upon the condition of the alley, the amount of snowfall, and
other factors.
It is recommended that the city council adopt the attached
resolution which proposes to specially assess the costs of 1984
services for alley maintenance and sets the public hearing on this
special assessment project for January 9, 1984.
JGC /ej a
•
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t fA l *)(,Ku bmi tted ,
Cright ohn G.;'Ca
City Manager
RESOLUTION NO.
RESOLUTION PROPOSING TO SPECIALLY
ASSESS FOR THE COSTS OF CURRENT
SERVICES PROVIDED FOR ALLEY MAINTEN-
ANCE IN THE CITY OF RICHFIELD
JANUARY 1 - DECEMBER 31, 1984
BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. That area which includes the property which abuts im-
proved alleys in Richfield (the "District ") is hereby established
as a special assessment district for the purposes of assessing
for current services provided by the city;
2. That the following current services of the city are here-
by proposed to be undertaken by the city in the District with the
cost of such services to be specially assessed against the bene-
fitted property within the District: the repair, maintenance and
snowplowing of alleys;
3. The area proposed to be specially assessed for such current
services consists of every assessable lot and parcel of land within
the District. It is proposed that special assessments on property
be made on the basis of pro -rated share of assessable abutting
footage as defined in the alley improvement policy, Resolution
No. 6345;
4. The city clerk is authorized and directed to publish notice
of a public hearing by this council at which time the council will
consider the undertaking of such current services and the levying
of special assessments to bear the costs thereof. Such notice shall
be published in the official newspaper at least once and at least
two weeks prior to the date of hearing. Such hearing shall be
held on Monday, January 9 1984, commencing at 7:00 p.m. or as soon
thereafter as the matter can be reached on the agenda.
5. It is hereby proposed that the projeot consist of the
costs of the aforementioned services for the period from January
1, 1984 through December 31, 1984. The estimated cost of providing
all of the aforementioned current services, using day labor, during
that period is $19,000.
6. The project is feasible.
Passed by the City Counnil of the City of Richfield this 12th
day of December, 1983.
John Hamilton Mayor
0 ATTEST:
Sylvia K. Bergh City Clerk
•
u
i9z
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 419
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Resolution Relating to Maintenance Assessments,
L /H /N Redevelopment Area
On January 26, 1981, the city council adopted Resolution No.
6372 which established a policy that the actual cost of perform-
ing maintenance services in the L /H /N area (that area approximately
bounded by 64th Street, First Avenue, 67th Street and Emerson
Avenue) would be specially assessed. The special assessments to
commercial property would be made on the basis of area, with each
square foot of assessable commercial property within the district
being assessed an equal amount. All single family, two family and
multiple family residential property within this area were elimin-
ated from the special assessment levy.
For the third assessment period, January 1, 1982 through
December 31, 1982, agreements were reached with owners in the L /H /N
related to maintenance of property. For the most part, each owner
was to be responsible for property to the curb, while the city is
responsible for common areas such as street islands. Although
the city does some maintenance work for individual property owners,
these costs are directly assessed to the appropriate owner. Main-
tenance of common areas continues to be assessed to the entire
district. Maintenance services for the district include, but not
necessarily limited to, one or more of the following:
1. Landscaping, including tree trimming;
2. Sidewalk sweeping in summer;
3. Snow removal in winter;
4. Sidewalk deicing;
5. Painting and repair of wood furniture;
6. Trash removal; and
7. General maintenance, including repairs and replacement.
These items are special services provided directly to the
L /H /N Redevelopment Area and do not include services provided to
the entire city. For example, all city streets are swept twice
a year and for this service there would be no charge to the L /H /N
maintenance assessment. However, any additional street sweeping
Council Letter No. 419 -2- December 12, 1983
in the L /H /N area would be an assessable item.
• It is recommended that the city council take action to adopt
the attached resolution proposing to specially assess the costs
of services to be provided within the L /H /N project area for the
period January 1, 1984 through December 31, 1984, and set the
public hearing for January 9, 1984.
spe tfu y �ted, ,
o G. r y ight
Manager
JGC/ ej a
cc: Finance Coordinator
Community Services Director
C
•
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RESOLUTION NO.
RESOLUTION PROPOSING TO SPECIALLY ASSESS THE
COSTS OF SERW CES TO BE PROVIDED WITHIN THE
LYNDALE /HUB /NICOLLET PROJECT AREA FOR THE
PERIOD JANUARY 1 - DECEMBER 31, 1984
BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. There is hereby established a special assessment district,
the boundaries of which are conterminous with the Lyndale /Hu b /Nicollet
Redevelopment Project Area, for the purposes of assessing for services
provided by the city.
2. The following services of the city are hereby proposed to
be undertaken by the city in the district, with the costs of such
services to be specially assessed against benefitted property within
the district:
-snow, ice and rubbish removal;
-weed elimination;
- elimination or removal of public health or safety hazards
from private property, excluding any structure included
under the provisions of Minnesota Statutes Section 463.15
to 463.26;
- installation or repair of water service lines;
- street sprinkling or other dust control treatment of streets;
- trimming, care of trees and removal of unsafe trees;
- repair of sidewalks, crosswalks and other pedestrian walk-
ways;
- operation of the street lighting system;
- maintenance of landscaped areas and other public amenities
on or adjacent to street right of way;
-snow removal and other street maintenance activities;
- painting and repair of wood furniture; and
- general maintenance, including repairs and replacement.
3. The area proposed to be specially assessed for city services
consists of every assessable lot and parcel of land within the dis-
trict. It is proposed that special assessments on commercial prop-
erty be made on the basis of the area with each square foot of
assessable commercial property within the district being assessed
an equal amount for maintenance of common areas. Exempt from the
special assessment levy shall be all single family, two -f amily, mul-
tiple family residential property within the L /H /N redevelopment
district. Special maintenance of individual commercial properties
shall be assessed directly for costs incurred in performing said
maintenance to said property.
4. The city clerk is authorized and directed to publish
notice of a hearing by this council at which the council will con-
sider the undertaking of such city services and the levying of
special assessments to bear the costs thereof. Such notice shall
be published in the official newspaper at least once, at least
two weeks prior to the date of hearing. Such hearing shall be
held on Monday, January 9, 1984 commencing at 7:00 PM or as soon.,,..
thereafter as the matter can be reached on the agenda.
5. It is hereby proposed that the project consist of the
costs of the aforementioned services for the period from January
1, 1984 through December 31, 1984. The estimated cost of providing
all of the aforementioned services during that period is $35,535.
6. The project is feasible.
Passed by the City Council of the City of Richfield this
12th day of December, 1983.
John Hamilton Mayor
ATTEST:
Sylvia K. Bergh City Clerk
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 418
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Purchases in Excess of $2,650
By resolution of the city council, the council must approve
the purchase of merchandise, materials, equipment or construction
when the amount exceeds $2,650. There are two such items on the
city council agenda for December 12, 1983.
Snowblower
The adopted 1983 revised operating budget includes the purchase
of a self - propelled snowblower for the Waldon Tractor, to be used
for plowing of sidewalks. Quotations were requested from four
vendors; however, two of the vendors, McQueen Equipment and Kromer
Company, indicated they were unable to provide a piece of equipment
as specified for Richfield's five -foot sidewalks.
The Waldon Company quoted $8,750 for a 52" Snoblitz with a
30 hp Wisconsin engine, gas powered. Bryan Equipment quoted $9,822
for a Fair 60' snowblower powered by a 40 hp Slanzi diesel engine.
It is the preference of the staff that the quotation of Bryan
Equipment Company be accepted for the Fair diesel - powered snowblower.
This machine has a larger engine and is diesel powered. With the
type of work expected of this machine, it is the opinion of the
staff that the gas powered unit would not operate at peak efficiency
because of all the blowing snow that this unit will create while
working on sidewalks. The blowing snow and resulting wetness would
not affect the diesel powered unit.
It is recommended that the city council authorize the purchase
of a Fair diesel - powered blower from Bryan Equipment Company in the
amount of $9,822.
Public Safety Vehicles
The adopted 1984 budget includes replacement of public safety
. vehicles that are fully depreciated and two or more years old.
Through a joint powers agreement, the City of Richfield joined with
Hennepin County and other instrumentalities for the bidding on such
Council Letter No.. 418 -2-
vehicles. The low bid for the units requested by Richfield was
received from Brookdale Ford, Inc. The full size unmarked Ford
• LTD Crown Victoria S has a unit price of $10,744.35. The full
size marked Ford LTD Crown Victoria S has a unit price of $10,840.15.
It is recommended that the city council authorize the pur-
chase of two unmarked units at a cost of $21,488.70, three marked
units at a cost of $32,520.45, a parts manual and a service manual,
for a total purchase price of $54,064.15 from Brookdale Ford, Inc.
Orders are to be placed by December 20, 1983 to assure the bid
prices.
JGC /ej a
cc: Finance Coordinator
•
C]
P tfu 1 / mitted,
ohn G. Cart ight
City Manager
l �G
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 417
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Evidentiary and Public Hearings re Proposed
N.W. Bell Rate Increase
Northwestern Bell has filed a request for increased rates
with the Minnesota Public Utilities Commission. The Minnesota
Public Utilities Commission must decide by July 30, 1984 how
much of an increase (if any) will be approved. Evidentiary
Hearings on this proposed rate increase will be held January
9 -20, 1984, at 9:30 a.m. , in the American Center Building in
St. Paul, and March 12 -23, at 9:30 a.m., at the same location.
Public hearings for customers who do not want to be a
"formal party" will also be held at later dates. These dates
and locations will be announced in the future.
It is recommended that the city council receive this notice
of hearings and direct that it be placed on file in the city
clerk's office.
JGCJej a
•
tfu Ayf/ sg,15mitted c
Cohn G. Cart
City Manager
:7
U
EVIDENTIARY HEARING DATES
Evidentiary Hearings on Northwestern Bell's Petition
will be held before Hearing Examiner Bruce Campbell on the
dates set forth below:
St. Paul St. Paul
January 9 -20. 9.30 a.m. March 12 -23. 9:30 a.m.
Large Hearing Room Large Hearing Room
7th Floor 7th Floor
American Center Bldg. American Center Bldg.
160 E. Kellogg
Blvd. 160 E. Kellogg Blvd.
In the event the hearings are not concluded during the
weeks indicated. they may be continued from time to time at
the order of the Hearing Examiner.
The deadline for intervention as a formal party with
all legal rights and duties is December 9, 1983.
Individuals who have questions concerning the evidentiary
hearings can contact Hearing Examiner Bruce Campbell, 400
Summit Bank Building. 310 South Fourth Avenue, Minneapolis,
Minnesota. 55415 or by calling 612/341 -7602.
PUBLIC PARTICIPATION HEARING DATES
Part of the decision making process involves public
hearings at which any customer who does not want to be a
formal party is welcome to testify about any aspect of the
rate proposal. Dates, locations and times of these public
hearings will be announced at a later date.
0
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 416
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Financial Arrangements Related to Storm Sewer
Lift Station at Adams Hill Park
A few years ago, the cities of Richfield and Edina approved
an agreement for the sharing of costs related to the operation
of the storm sewer lift station at Adams Hill Park.
Since the time the agreement between Richfield and Edina
was approved, the method of utility cost billing has been changed
by Northern States Power Company. In reviewing the bills paid
prior to the change in billing notations, it appears the City of
Richfield paid a base rate of $16 with the balance of the bill
divided so that Richfield paid approximately 35% and Edina paid
approximately 65 %.
Staff believes that the intent of the agreement between the
cities would be met by dividing payments under the new billing
so that Richfield continues to pay $16 plus 35% of the balance,
and Edina continues to pay 65% of the balance. The Edina city
staff has also agreed to this arrangement.
Unless the council wishes to consider this matter, the
Richfield city staff will make the arrangements for payment as
outlined above and the system will be reviewed at the end of one
year to determine the accuracy of payment responsibility as pro-
vided for in the agreement.
JGC /ej a
0
tfu/1 ly,/ ,-/d`bmitted>
John G. ,Car
City Manage
•
r1L
CITY OF RICHFIELD, MINNESOTA
office of City Manager
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Council Letter No. 415
Agenda December 12, 1983
Subject: Authorization to Purchase Snowblower
The adopted 1984 budget for the street division includes
the purchase of a new snowblower type piece of equipment for
sidewalk snowplowing. With the unusually early and heavy snow-
fall in November, 1983, it would appear advisable to order the
1984 budgeted unit as soon as possible in order to have it avail-
able for the 1983/84 winter season if at all possible.
It is recommended that the city council direct the staff
to obtain the necessary quotations for council consideration,
for the purchase of this equipment at the special city council
meeting of December 19, 1983.
t
John G. A tk
City Manage
JGC /ej a
cc: Community Services Director
Finance Coordinator
tted ,
i
•
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
.I
Council Letter No. 414
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Approval of Contract for Services with
Project Charlie III
Project Charlie III is a volunteer organization in the
City of Richfield that seeks to prevent chemical dependency
through education. This group of volunteers works mainly with
elementary students, in an effort to educate them about drug
abuse before the problem ever starts.
For the past several years, the city council has supported -
the activities of this organization through an annual appropri-
ation of $3,160. This amount was also approved in the 1984
budget document.
Attached to this council letter is a copy of a contract
with Project Charlie III for crime prevention services in the
amount of $3,160. It is recommended that the city council
approve the agreement and authorize its execution by the city
manager.
JGC /ej a
ctful u itted,
C t ight
ity Manager
i
r
e
AGREEMENT FOR CRIME PREVER TION SERVICES
THIS AGREEMENT made and entered into as of the 1st day of
January, 1984 by and between the CITY OF RICHFIELD, a Minnesota
municipal corporation ( "CITY ") and PROJECT CHARLIE III, RICHFIELD,
INCORPORATED, a Minnesota non - profit corporation ("contractor"),
WITV ESSETH :
WHEREAS, the city, in fulfilling its governmental role, has an
interest in avoiding anti - social conduct, avoiding or ameliorating
social problems, avoiding transgressions of the law, avoiding the
governmental expense of processing infractions of the law and other
social problems, assisting residents of the city in identifying and
finding solutions to their individual problems before such problems
become matters of serious community involvement and concern, assisting
the police department and other law enforcement officials within the
community in the handling of their problems, and
WHEREAS, contractor is formed to promote the community welfare
of the residents of the city including, but not limited to the identifi-
cation of persons subject to and the prevention of drug, chemical and
alcohol abuse, and
WHEREAS, the aforementioned interests of the city can be served
by having available to residents of the city the public information
and chemical abuse prevention programs and services of the contractor.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
1. City hereby engages contractor to perform services, and the
contractor agrees to provide services to the city consisting of the
following:
A. Contractor will provide a chemical abuse educational
program within the city, directed towards prevention
of chemical abuse, and the providing of advice and
assistance in dealing with chemical abuse and the
problems attendant thereon. Such educational program
shall consist, generally, of such activities as pro-
viding brochures, pamphlets and other written materials
on the subject of chemical abuse and distributing such
materials throughout the community; providing chemical
abuse film presentations to youth groups, civic organi-
zations, churches and other groups within the city; and
providing lectures and other presentations on that sub-
ject to such groups within the city.
B. Contractor will, when requested to do so, refer per-
sons who may have chemical abuse problems to the
appropriate service agencies, public or private who
may be able to assist in the resolution of such prob-
lems.
C. Contractor will be available for consultation with
administrative officers and law enforcement officers..;,
of the city to keep them advised of the nature of the
services being provided by contractor under this
agreement and to work out procedures which will
facilitate the providing of contractor's services.
D. Contractor will provide city with such information
as city may require concerning the nature, scope and
cost of any and all of the services being provided
by contractor under this agreement.
2. To assure coordination between the city and the contractor
under this Agreement, the contractor agrees to take the following
measures:
A. It will at all times while this agreement is in
effect permit a person designated by the city to
act as liaison to contractor and its board of
directors and committees.
B. It will permit the person so designated by the city
to attend, as an observer, all meetings of the board
of directors and all committees of contractor's or-
ganization and to participate in the discussions and
deliberations of such board and committees. Such
person shall not be entitled to vote at meetings of
contractor's board or committees.
C. Contractor shall send copies of minutes of all meetings
of its board and committees to the city manager of the
city and to the person designated as the city's liaison
representative under the foregoing paragraph 2 -A. Such
minutes shall be sent promptly after each such board
or committee meeting.
D, Contractor will send to the city manager of the city
and its designated liaison representative a quarterly
statistical report summarizing the nature of the
activities contractor has provided pursuant to this
agreement.
E. Contractor shall provide services under this agreement
to all residents of the city without regard to race,
color, creed, religion, national origin, sex, age,
marital status, status with regard to public assistance
or disability.
F. Contractor will defend, indemnify and hold harmless
the City of Richfield, its officers, employees and
agents from any and all claims, causes of action,
lawsuits, damages, losses or any acts or omissions
on the part of the contractor in connection with the
providing of services under this Agreement.
3. For the performance of the services described in the
foregoing-Sections 1 and 2 above, the city agrees to pay contractor
and the contractor agrees to accept the following:
A. City shall pay to contractor the sum of $3,160
wich shall be paid in two equal payments, payable
on the first day of June and October, 1984.
B. This Agreement is for the calendar year 1984 and
will be terminated automatically at the end of the
calendar year. This Agreement may also be termin-
ated by the city, with or without cause, upon the
giving of 30 days notice prior written notice to
contractor.
C. The city shall not be obligated to make any payments
called for under the provisions of this agreement
after it has given notice of termination to contractor.
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement as of the day and year first above written.
In the presence of: CITY OF RICHFIELD
By
Its City Manager
• PROJECT CHARLIE III,
RICHFIELD, INCORPORATED
Its President
Its Secretary
is
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 413
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Agreement for Counseling Services with The
Storefront /Youth Action, Inc. 1984
There is an item on the December 12, 1983 city council
agenda providing for council approval of an agreement for counsel-
ing services with The Storefront /Youth Action, Inc.
The city council approved an appropriation of $36,400 for
the Storefront /Youth Action, Inc. for 1984. In 1983, the city
appropriated $30,300 for these services, and $27,500 was spent
in 1982. The attached contractual agreement summarizes the
services to be provided and these described services are the
same as those which have been previously contracted for by the
city.
It is recommended that the city council approve the proposed
agreement, and authorize its execution by the city manager.
e tfu ly itted,
tiL
chn G. C rt ight
City Manager
JGC /ej a
AGREEMENT FOR COUNSELING SERVICES
THIS AGREEMENT made and entered into as of the 1st day of January, 1984"
for the period from January 1,1984, through December 31, 1984 by and between
CITY OF RICHFIELD, a Minnesota municipal corporation, ( "city "), and the
STOREFRONT /YOUTH ACTION, 1NC., a Minnesota nonprofit corporation, ( "contractor ").
W ITNESS ETH :
WHEREAS, the city, in fulfilling its governmetnal role, has an interest in
avoiding antisocial conduct, avoiding or ameliorating social problems, avoiding
infactions of the law, diverting youth from the criminal justice system,
assisting young people in finding solutions to their individual problems,
assisting the police department, school officials and others within the community
in the handling of the problems of youthful residents of the city, and
WHEREAS, such interests of the city can be served by having available to
the youthful residents of the city a diversion program which provides youth
counseling and referral services, and
WHEREAS, contractor is in existence for the purpose of providing such
youth counseling and referral services and is willing to provide such services
for the city.
NOW, THEREFORE, be it agreed by and between the parties hereto as follows:
1. City herewith engages contractor to perform services, and contractor
agrees to provide services to the city,'consisting of the following:
A. Counseling and referral services to juvenile residents of
the city who are referred to contractor by members of the city police
department, representatives of the school district, the Hennepin County
Municipal Court, the Hennepin County District Court, social welfare
•
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agencies of Hennepin County, and parents, custodians, guardians or
other persons having responsibility for such youth residents of the
city: A goal of contractor for the time in which this agreement is
in effect shall be to work with 150 cases from city of which 80% will
be youth diverted from the criminal justice system as defined in goal
"A" of the HAYDP FY 76 grant application to the Governor's Commission
on Crime Prevention and Control.
B. In cases where persons referred to contractor have problems
which cannot be fully or adequately dealt with through services by
contractor, appropriate referrals will be made by contractor to other
persons or organizations.
C. Primary emphasis in counseling will be on an individual diagnose
of the person referred to determine his or her basic needs, but such
diagnosis shall not include psychological or vocational testing.
D. In appropriate cases such counseling shall include, as an
adjunct to the counseling of a juvenile, diagnostic counseling of other
family members or other persons in the household where he or she resides.
E. A followup on referrals will be made by contractor, on all
referrals from police, court services, and juvenile court, in order to
determine the extent to which an individual client's problem or problems
have been resolved through the efforts of the contractor or through the
efforts of others to whom the contractor has referred the client.
-3-
F. Contractor will consult with law enforcement officers of the
city, officials of the school district and other appropriate persons
to keep them advised of the nature of the services being provided under
this agreement and to work out procedures which will facilitate the
providing of contractor's services.
G. Contractor shall use its best efforts to coordinate the programs
of various youth service organizations and agencies within and outside
of the city which provide services to youthful residents of the city,
with the object of improving upon the coordination and performance of
such organizations and agencies in meeting the total needs of the client
youth involved.
H. Contractor shall hold itself available for consultation with
juvenile authorities of the city so that such authorities are kept
advised of the status of those situations which fall within their areas
of responsibility.
I. Contractor will undertake to identify any new or different kinds
of services which should be made available to youthful residents of the
city in order to meet their unmet needs in personal development and
social adjustment.
J. Contractor will provide the equivalent of at least one full
time youth worker to serve residents of the city referred for services.
The entire staff of contractor will be available to work with said
residents as needed. Said youth workers will have access to services
of secretrary provided by contractor.
-4-
K. City will receive all services provided by The Storefront/
Youth Action, Inc. central staff, including the monitoring of agency
budget, the maintenance of fiscal records, and program monitoring
and evaluation. City will also receive support of the board of
directors of The Storefront /Youth Action, Inc.
L. Youth workers providing services to residents of city will
receive supervision and in- service staff training from contractor and
professional support and growth through contact with other staff
members of contractor.
K. Residents of city will be eligible to participate in all
programs offered by contractor. These currently include a chemical
dependency orientation program for families, groups focusing on drug
use for.adolescents, a concerned persons group for parents concerned
about drug use of a child, and self-awareness groups for young women.
2. To assure proper coordination between the city and contractor, under
this agreement, the contractor agrees to take the following measures:
A. It will, at all times while this contract is in effect, keep
a person to be designated by the city, on its board of directors.
B. It will permit a member of the city's governing body, to be
designated by the city, to attend, as an observer, all meetings of the
board of directors of contractor, and to participate in the discussions
and deliberations of such board, without the right to voce.
-5-
C. It will send copies of minutes of all meetings of its board of
directors to those persons designated by the city, promptly after each
board of directors meeting.
D. It will send to all members of the city council a quarterly
statistical: report summarizing the nature of the activities of contractor
in providing the services described in this agreement.
E. It will provide services to all persons without regard to race,
color, creed, religion, national origin, sex, marital status, status with
regard to public assistance or disability.
F. It will defend, indemnify and hold harmless the City of Richfield,
its employees and agents, from any and all claims, causes of action,
' lawsuits, damages, losses or expenses on account of bodily injury,
J rY,
sickness, disease, death or property damage as a result, directly or
indirectly, of any actions or omissions on the part.of the contractor's
personnel in connection with the provision of services in accordance
with the terms of this contract.
G.. It will perform the counseling and referral services in a
competent, professional manner and in compliance with all applicable
laws, ordinances, rules, regulations and policies which are now in
effect or which may hereafter be adopted.
3. For the performance of the services described in Section No. 1 above,
the city agrees to pay and the contractor agrees to accept payments on the
following basis:
-6-
A. The amount of direct* city funds which the city shall be obligated
to p . ay for such services shall be the sum of $36r400, which will be paid
in t-welve equal payments upon receipt of a monthly statement from
contractor.
4. This agreement will be terminated on the expiration date specified
,above. Thereafter the agreement may be renewed annually. The agreement may
be terminated upon the giving of thirty (30) days written notice by the City
of Richfield to The Storefront/Youth Action, Inc. for reasons of nonperformance
or documented unsatisfactory performance. The agreement may be terminated by
either party upon the giving of sixty (60) days written notice.
IN W`I1MSS WHEREOF, The parties hereto have made and executed this
agreement as of the day and year first above written.
In the presence of: CM OF RICHFIZU
THE STOREFRONT/YOUTH ACTION, INC.
40
. CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 412
�J
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Authorization for the City Manager to Execute
Agreement with Orr - Schelen - Mayeron for 1984
Alley Paving Work and Water Plant Filter Control
Consoles
Attached to this council letter is a copy of an agreement
with Orr - Schelen - Mayeron, the city's consulting engineers, to
perform the following work for City Project 793, 1984 alley
paving:
-order and obtain aerial photo plan sheets;
-draw property lines on the plan sheets; and
-do preliminary survey and topographic work.
As provided in the general contract agreement with this
company, payment for this work will be on an hourly rate basis,
not to exceed $1,200 per alley.
Also attached is a copy of an agreement for OSM to perform
engineering services in regard to the furnishing and installation
of new filter control consoles and related work, at the water
treatment plant.
These services shall include preliminary measurements,
detail drawings, bidding plans, and bid recommendations, prepar-
ation of contracts, and other engineering services related to
this installation. The cost of such work shall be on a cost
plus basis with a multiplier of 2.25 times the salary cost, not
to exceed $6,000. This project is scheduled to occur in 1984.
It is recommended that the city council approve these two
agreements with Orr - Schelen - Mayeron for engineering services,
and authorize the city manager to execute same on behalf of the
City.
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November 29, 1983
Bernie Middlesteadt
Orr - Schelen - Mayeron
2021 E. Hennepin Avenue
Suite 238
Minneapolis, MN 55413
Dear Bernie:
The City of Richfield authorizes OSM to perform the
following work for City Project 793, 1984 Alley Paving:
1. Order and obtain aerial photo plan sheets.
2. Draw property lines on the plan sheets.
3. Do preliminary survey and topo.
The following is a list of alleys to be done:
Alley Between
From
Clinton and Fourth Avenues
66th
Street
O
69th
Q
Xerxes and Washburn Avenues
67th
Street
Washburn and Vincent Avenues
66th
Street
November 29, 1983
Bernie Middlesteadt
Orr - Schelen - Mayeron
2021 E. Hennepin Avenue
Suite 238
Minneapolis, MN 55413
Dear Bernie:
The City of Richfield authorizes OSM to perform the
following work for City Project 793, 1984 Alley Paving:
1. Order and obtain aerial photo plan sheets.
2. Draw property lines on the plan sheets.
3. Do preliminary survey and topo.
The following is a list of alleys to be done:
Alley Between
From
Clinton and Fourth Avenues
66th
Street
Xerxes and Washburn Avenues
69th
Street
Xerxes and Washburn Avenues
67th
Street
Washburn and Vincent Avenues
66th
Street
Augsburg and Garfield Avenues
71st
Street,
Blaisdell and Nicollet Avenues
72nd
Street
Grand and Pleasant Avenues
68th
Street
Sheridan and Thomas Avenues
67th
Street
Bryant and Aldrich Avenues
63rd
Street
Sheridan and Russell Avenues
69th
Street
Sheridan and Russell Avenues
66th
Street
Penn and Queen Avenues
68th
Street
To
67th Street
70th Street
68th Street
67th Street
72nd Street
73rd Street
69th Street
68th Street
Mildred Drive
70th Street
67th Street
69th Street
City staff will perform plan preparation for this year's
project. Payment to OSM for work performed will be made
according to our general contract agreement on an hourly
rate basis, not to exceed $1,200 per alley.
telephone: 869 -7521 (612)
an equal opportunity employer
.. 1 1. .. � .1k, - . 0
Bernie Middlesteadt
November 29, 1983
Page 2
The work is to be completed on a schedule approved by the City
Engineer, Mike Eastling. Please contact him if you have any
questions.
Sincer y,
Don Fo dr'ck, Director
Commune v Services
Approved by city manager:
Signature
Date
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CITY OF RICHFIELD, MINNESOTA
Inter- Office Memorandum
DATE November 3, 1983
TO Ci ty Manager
FROM COmmtlnity Services..
SUBJECT Consultant Agreement _
The city has had a.master agreement with Orr- Schelen- Mayeron & Associates, Inc.
for a number of years to provide consulting services.. Typically a letter
serves as a memorandum type agreement for the particular project and the
particular servi,jc,es
K S .:_ t:iJ' Z"YY£..'.?x '� f-^J a i XYA✓��/ s:gC,�.'?u A Y C4 Y YG.
Attached is the :letter to: be used to obtain engineering services from OSM
for work on the filter console project at -the water-plant. OSM was the :
original. .engineering firm; on' the project and has been involved with any
,project at the plant requiring engineering consulting services.
November 4, 1983
Mr. John P. Badalich, P.E.
Orr - Schelen- Mayeron & Associates, Inc.
2021 East Hennepin Avenue, Suite 238
Minneapolis, Minnesota 55413
Dear.Mr. Badalich:
Per the master agreement between OSM and the City of Richfield,
the city is willing to accept your proposal for engineering
services in regard to the furnishing and installation of new
filter control consoles, new filter control valves and
operators, and new rate of flow and head loss gauges in the
water plant.
These services shall include preliminary measurements, detail
drawings, bidding plans and specifications (with detail to allow
city maintenance staff to do installation), distribution of
plans and specifications to contractors, taking of bids,
recommending award, preparation of contracts and review of
shop drawings for the equipment, plus some on -site field
observation during installation as required by city staff.
The city shall have adequate time and opportunity to review
and comment on plans and specifications prior to advertising.
The city - approved bidding plans and specifications should be
complete January 1, 1984 and the entire project, including
construction and final acceptance, should be complete by
December 31, 1984.
The cost of such work shall be on a cost plus basis with a
multiplier of 2.25 times the salary cost, not to. exceed $6,000.
All billing and project references should be to city project
703 -1570.
•
•
•
telephone: 869 -7521 (612)
an equal opportunity employer
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November 4, 1983
Mr. John P. Badalich, P.E.
Orr - Schelen- Mayeron & Associates, Inc.
2021 East Hennepin Avenue, Suite 238
Minneapolis, Minnesota 55413
Dear.Mr. Badalich:
Per the master agreement between OSM and the City of Richfield,
the city is willing to accept your proposal for engineering
services in regard to the furnishing and installation of new
filter control consoles, new filter control valves and
operators, and new rate of flow and head loss gauges in the
water plant.
These services shall include preliminary measurements, detail
drawings, bidding plans and specifications (with detail to allow
city maintenance staff to do installation), distribution of
plans and specifications to contractors, taking of bids,
recommending award, preparation of contracts and review of
shop drawings for the equipment, plus some on -site field
observation during installation as required by city staff.
The city shall have adequate time and opportunity to review
and comment on plans and specifications prior to advertising.
The city - approved bidding plans and specifications should be
complete January 1, 1984 and the entire project, including
construction and final acceptance, should be complete by
December 31, 1984.
The cost of such work shall be on a cost plus basis with a
multiplier of 2.25 times the salary cost, not to. exceed $6,000.
All billing and project references should be to city project
703 -1570.
•
•
•
telephone: 869 -7521 (612)
an equal opportunity employer
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ICJ
November 29, 1983
Bernie Middlesteadt
Orr- Schelen- Mayeron
2021 E. Hennepin Avenue
Suite 238
Minneapolis, MN 55413
Dear Bernie:
The City of Richfield authorizes OSM to perform the
following work for City Project 793, 1984 Alley Paving:
1. Order and obtain aerial photo plan sheets.
2. Draw property lines on the plan sheets.
3. Do preliminary survey and topo.
The following is a list of alleys to be done:
Alley Between
From
Clinton and Fourth Avenues
L
Street
O
69th
Street
■ titititita
Q
Street
ti
66th
(0
ICJ
November 29, 1983
Bernie Middlesteadt
Orr- Schelen- Mayeron
2021 E. Hennepin Avenue
Suite 238
Minneapolis, MN 55413
Dear Bernie:
The City of Richfield authorizes OSM to perform the
following work for City Project 793, 1984 Alley Paving:
1. Order and obtain aerial photo plan sheets.
2. Draw property lines on the plan sheets.
3. Do preliminary survey and topo.
The following is a list of alleys to be done:
Alley Between
From
Clinton and Fourth Avenues
66th
Street
Xerxes and Washburn Avenues
69th
Street
Xerxes and Washburn Avenues
67th
Street
Washburn and Vincent Avenues
66th
Street
Augsburg and Garfield Avenues
71st
Street
Blaisdell and Nicollet Avenues
72nd
Street
Grand and Pleasant Avenues
68th
Street
Sheridan and Thomas Avenues
67th
Street
Bryant and Aldrich Avenues
63rd
Street
Sheridan and Russell Avenues
69th
Street
Sheridan and Russell Avenues
66th
Street
Penn and Queen Avenues
68th
Street
To
67th Street
70th Street
68th Street
67th Street
72nd Street
73rd Street
69th Street
68th Street
Mildred Drive
70th Street
67th Street
69th Street
City staff will perform plan preparation for this year's
project. Payment to OSM for work performed will be made
according to our general contract agreement on an hourly
rate basis, not to exceed $1,200 per alley.
telephone: 869 -7521 (612)
an equal opportunity employer
0
0
•
CITY OF RICHFIELD, MINNESOTA
l /,77
Office of City Manager
Council Letter No. 411
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Authorization for Reimbursement Under the
Community Health Services Act
As members of the council are aware, for the past several
years Richfield has participated as a direct share community under
the terms of the Minnesota Community Health Services Act. while
reimbursement funding is provided by the State of Minnesota through
legislative appropriation, these funds are distributed to commun-
ities in Hennepin County through the Hennepin County Administrators
Office and the Hennepin County Department of Health. Therefore, a
contract between the City of Richfield and Hennepin County is re-
quired to authorize the disbursement and receipt of these funds
by the City of Richfield.
The legislative authorization for reimbursement fundinq for
the City of Richfield for the years 1984 and ..1985 has been established
at $76,364. This amount is reflected in the Community Health Ser-
vices Plan for the two year period which has already been accepted
by both Hennepin County and the State of Minnesota.
It is the request and recommendation of the Director of
Public Safety, in which I concur, that the city council authorize
the Mayor and the City Manager to sign the contract with Hennepin
County on behalf of the City of Richfield, so that we may obtain
our allocation of subsidy funding as provided by the Community
Health Services Act.
JGC /ej a
Oohn G. Zart
City Manager
tted ,
19
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 410
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Lincoln Hills School: Acquisition Utilizing
Community Development Block Grant Funds
The city council has earmarked approximately $500,000 of
Community Development Block Grant funds for acquisition and reuse
of the Lincoln Hills School property.
The city manager and city staff have met on numerous
occasions with school officials in an attempt to reach an agree-
ment on this matter, but no agreement has been reached. The school
. board has also been talking to other parties who have expressed an
interest in the purchase of the site, and have also hired a con-
sultant to help them market the site. The option which the city
had to purchase this property has expired. The HRA recently re-
moved this particular item from their budget because the option
had expired.
The question which the staff would like to discuss with the
city council at the December 12, 1983 meeting is: should the city
continue to hold Community Development Block Grant funds for this
purpose or should these funds be reprogrammed to other existing
or new eligible projects? These funds must be obligated by July
1, 1984 or they may be lost. City staff recommends that the CDBG
funds be reallocated to one or more of the programs discussed in
this council letter.
If the council wishes to reprogram the funds, staff has ident-
ified the following alternative projects:
1. HOUSING
To provide for the purchase of three to five scattered site
blighted residential properties under the Voluntary Acquisition
Program.
Acquisition $225,000
Relocation (tenants) 13,500
40 Site Clearance 20,000
Legal & Title 2,000
Surveys 1,250
Appraisals 1,250
TOTAL $263,000
Council Letter No. 410 -2-
Following acquisition, developers would be sought to construct
• affordable homes on the parcels.
2. ECONOMIC DEVELOPMENT
Current market conditions do not encourage businesses to make
expenditures for capital improvements. Favorable conditions include
the availability of loan money at a low, fixed rate of interest and
for a long term, i.e. 15 to 20 years. At the present time, funds
are available at interest rates as high as 14% to 16% for a term
usually of ten years or less.
To assist businesses in Richfield, it is proposed that $ 16'1,243
be utilized to establish a revolving fund to "buy down" the interest
rate on SBA 7A loans. A lien would be filed against the property
subordinate to the 7A lenders mortgage lien to permit the interest
"buy down" to be recovered. The fund recovery would begin with
the satisfaction of the 7A loan.
The SBA 7A program was established in 1952. It is a loan
guarantee program. That is, private lenders make loans to eligible
businesses. SBA guarantees up to 90% of the loan. ($500,000 is
the maximum portion of a loan which may be guaranteed) . The guar-
antee accomplishes several things among them are: it encourages
lenders to make commercial loans, the guaranteed portion is saleable
on the secondary market and thereby accesses large quantities of
funds for commercial loans which would otherwise not be available.
. When a lender makes a loan and sells it, 90% of the total loan
amount may be loaned out again. The sale of the second loan would
provide the lender with 90% of the second loan to loan again or
80% of the beginning amount for a third loan. Theoretically, the
process would be repeated over and over again until there are no
funds available.
Loan proceeds may be utilized for real estate acquisition,
new construction, renovation, purchase of machinery and equipment
and leasehold improvements, provided the lease term exceeds the
loan term. Existing businesses may borrow up to 100% of project
costs. lew businesses may borrow up to 70% of costs. Eligible
businesses are those in retail, service, and construction which
have annual sales not exceeding two million dollars; those in
wholesaling with sales not exceeding nine and one -half million
dollars; and those in manufacturing not exceeding 250 employees.
Following is an illustration of the "buy down" concept. Assume
a fixed interest rate of 14.5% for a 15 -year real estate loan. The
monthly principle and interest payment would be $13.66 per $1,000
borrowed. For a $100,000 loan, the monthly payment would be $1,366.
A "buy down" of 4.5% to 10% would result in a monthly payment of
$1,075. The monthly difference would be $291. Over the 15 -year
term, the "buy down" would require $52,380. Following the satis-
faction of the 7A loan, the borrower would pay the "buy down" back
0 over a period of 49 months.
Council Letter No. 410 -3-
The "buy down" would be administered through local lenders
Both Richfield Bank & Trust and Summit Bank make 7A loans. If
a Richfield business was found by the lender to be qualified
for a 7A loan, they could be eligible to receive a "buy down ".
This program would compliment the only other financial assistance
program available to businesses in our community, Industrial De-
velopment Revenue Bonds (IDRB's). Although IDRB's may be used by
either developers who plan to rent their project or "users" who
will occupy the property, it is usually not cost effective for a
project under $500,000. The 7A program is for "users" and the
threshold level is usually placed at around $25,000.
3. COMMUNITY CENTER EXPANSION
The Community Center at Nicollet and 70th Streets is program-
med to its capacity. Richfield requires additional space for
community center activities. CDBG funds can be expended for senior
citizen and handicapped facilities.
The staff has looked briefly at these facilities as possible
choices for expanded space:
1. expand community center for senior citizen activities
at Nicollet and 70th;
2. lease /purchase Lincoln Hills Scho 1 (an alternative
is to a housing program) ; and ` Z5(v.\
3. lease space from church operated facilities (i.e.
Portland School /Hope Presbyterian Church)
CDBG funds cannot be used for the proposed lease /purchase pay-
ments, but improvements to the buildings for senior citizen /handi-
capped activities are eligible expenditures.
The staff's first priority is lease /purchase of Lincoln Hills
School. Many senior citizen programs /activities would remain at
the Nicollet and 70th Street location. However, there are a number
of programs that could be expanded or shifted to the Lincoln Hills
School site; namely:
1. woodworking;
2. pool room /game room /card room;
3. library;
4. exercise room;
5. music program /theatre;
6. media room /cable TV (i.e. filming studio, senior filming,
design art, photographic);
7. food cooperative
8. senior day care;
9. summer program for youth and young adults with disabil-
ities (mental health, physical fitness, wheelchair
basketball); and
10. parking and ramp facilities
Council Letter N o. 410 -4-
The needs at the Nicollet and 70th Street Community Center
• depend upon whether the city obtains additional space at Lincoln`
Hills School or at some church operated facility that has excess
space.
If other facilities are not obtained to expand community
center programming, then staff proposes the following CDBG elig-
ible improvements:
1. remodel the information /reception area to provide
adequate space to separate the reception activity
from the clerical activities;
2. reupholster furniture and replace drapes;
3. improved signage and landscaping on 70th Street;
4. construct a bus turnout lane and parking space on
70th Street in order to free up space in the off -
street parking lot for participants;
5. improve ventilation;
6. expand off-street parking lot; and
7. building expansion.
. Cost estimates can be provided for these options if the city
council concurs that CDBG funds should be allocated to providing
new or expanded community center facilities for the seniors and
handicapped persons of Richfield.
4. SUMMARY
It is recommended that CDBG funds of $461,243 be allocated
as follows:
CDBG ACTIVITY ALLOCATION
Housing $200,000 I
Economic Development $161,243
Community Center Facility* $100,000
TOTAL $461,243
*It should be noted that this amount would represent only partial
funding for improvements to the community center facility.
Staff will be present at the city council meeting to discuss
with the council Community Development Block Grant (CDBG) funding
and programs in greater detail.
p7tf ly fitted ,
John G, art fight
City Manager
JGC /ej a
CITY OF RICHFIELD, MINNESOTA
• Office of City Manager .
Council Letter No. 409
Agenda December 12, 1983
u
is
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject; Request for Extension of Special Use Permit
Time Limit at 1200 East 78th Street
History
In August, 1978, the city council granted a special use per-
mit and variance for a Winfield Potter's Restaurant serving
liquor, at 1200 East 78th Street. (Formerly Robert Hall Store
site). In July, 1979, the city council granted the property
owners a one -year extension to the special use permit authorizing
the establishment of a restaurant use on the site. No develop-
ment proceeded and the special use permit expired. In December,
1982, the property owner requested a new special use permit to
allow the restaurant development to proceed. The special use
permit was granted by the city council at their December 13,
1W8 .meeting. No development has occurred and the special use
permit will expire on December 13, 1983.
Zoning Ordinance Requirements
Section 3.41 , subdivision 7, provides that a special use per-
mit expires one year after it has been issued unless the use for
which the permit has been granted has commenced within such year
or unless, upon written application of the owner of the affected
land, the council shall extend the expiration date on such permit
for an additional period not to exceed one year.
Proposal
Mr. David Webb, representing Webb Enterprises, Inc., has
submitted a written request for an extension of the special use
permit granted for the proposed restaurant in December, 1982.
Mr. Webb has indicated that the project has been unable to proceed
because a partnership memorandum could not be completed until re-
cently. Mr. Webb has indicated that this agreement is now complete
and that this project can move forward after the first of the year.
Council Letter No. 409
CV=
Staff Recommendation
• It is recommended that the special use permit for the proposed
restaurant serving liquor at 1200 E. 78th Street be extended for
one year.
JGC /ej a
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6hn G. Cartwr
ity Manager
L L A
WEBB ENTERPRISES, INC.
513 SUMMIT AVENUE
SAINT PAUL, MINNESOTA 55102
(812) 298 -1110
November 22, 1983
Mr. Rick Jopke
City Planner
City of Richfield
6700 Portland Avenue
Richfield, Minnesota 55423
Dear Rick:
It is the purpose of this letter to formally request the Richfield
City Council to extend the special use permit allowing renovation of
the structure at 1200 East 78th Street into a restaurant serving liquor
for one year. The delay in commencing the project has resulted from a
long series of delays in another project we are developing in Golden
Valley. The property is the major asset of the general partner (Webb
Restaurant Ventures, Inc.) developing the Golden Valley project and
cannot be mortgaged for redevelopment until the finalization of the
Partnership memorandum. This was to have been completed in early
spring and due to a series of changes, has been repeatedly delayed.
The documentation is now complete and the 1200 East 78th Street project
can move forward after the first of the year.
As you can imagine, I have been extremely frustrated by the delays,
but am confident the project will move forward early next year.
Thank you for your consderation. If you have any questions, please do
not hesitate to call me at 298 -1110.
Sincerer'
WEBB ENT-ETaPR7SES, INC.
David P.1 Webb
:mas
•
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CITY OF RICHFIELD, MINNESOTA
• Office of City Manager
Council Letter No. 408
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Special Presentation by the Energy Awareness
Commission and Tony Perpich, Deputy Commission-
er of Energy Division, State of Minnesota,
to the City Council at 7:45 p.m.
Bruce Stone, chairman of the Energy Awareness Commission, has
requested an opportunity to address the council on the activities
of the Energy Awareness Commission. In addition, Tony Perpich,
Deputy Commissioner of the Energy Division of the Minnesota De-
partment of Energy and Economic Development, has been invited to
address the relationship between the state and cities concerning
energy issues.
The city council and the Energy Awareness Commission initially
discussed state and local cooperation on energy related issues
at the October 17, 1983, joint Energy Awareness Commission /City
Council meeting. Mr. Perpich is here to promote the "Bundle Up
Richfield" program. State and federal legislative representatives,
school board members, local civic organizations, Richfield citizen
commissions, the press, county representatives and other members
of the community have been invited to help promote the program.
Bruce Stone will introduce the issue of initiating a recycling
program in Richfield. Prior to formulating any particular recycling
plan, the Energy Awareness Commission . wishes to invite comments
from the council and other persons present at the meeting to assist
the commission in arriving at a workable plan.
At the close of the presentation, the Energy Awareness Comm-
ission will continue its regular meeting in the conference room.
No formal action is requested of the council.
spe tfu y 's fitted,
ohn G. Cart ight
City Manager
JGC /ej a
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter `V o. 407
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Charter Amendment Relating to the Awarding of
Contracts by the City. Second Reading. Resol-
ution Relating to Purchasing Practices in the
City of Richfield
At the November 14, 1983 city council meeting, the city
council gave first reading approval to a charter amendment which
would bring the dollar amounts of contracts subject to the Open
Bidding Law into conformance with amounts established by the 1983
Minnesota Legislature. The public hearing was scheduled for
December 12, 1983.
• Specifically, the proposed charter amendment, a copy of which
is attached to this council letter, provides:
- increases the maximum contract amount for the purchase
of merchandise, materials or equipment, or any kind of
construction work that may be let by the city manager
from $5,000 to $10,000; and
- increases the maximum estimated contract amount that may
use either the sealed bidding process or direct quotations
from $10,000 to $15,000; and
- increases the minimum amount for contracts that must use
the sealed bidding process from $10,000 to $15,000.
The charter commission approved this amendment at their October
18, 1983 meeting, and forwarded it to the city council for action.
A copy of their Transmittal Form is attached to this letter.
Although the charter amendment provides that the city
manager may approve purchases up to $10,000, the city council at its
11/14/83 meeting requested that all purchases in excess of $5,000 be
approved by the city council. Therefore, a resolution providing
that all purchases in excess of $5,000 be approved by the city
• council has been prepared and is attached to this council letter.
The present limitation is $2,650.
Council Letter No. 407 -2-
December 12, 1983
It is recommended that the city council approve the charter..,_.
• amendment relating to bidding practices, and approve the resolu-
tion providing for council approval of all purchases in excess of
$5,000.
cc: Program Directors
Finance Coordinator
JGC /ej a
U
r�
U
tfu4y
John G. Ctrt
City Manager
� tted, r'
•
•
TRANSMITTAL ORDER
To the Honorable Mayor and Members of the Council of the City of
Richfield, Minnesota:
We, the undersigned, being duly qualified and acting members of
the Charter Commission of the City of Richfield, Minnesota, do hereby
respectfully submit and deliver to you the attached proposed ordinance
amending Section _ of the City Charter of the City of Richfield.
We hereby respectfully proposed, recanrend and submit for adoption,
by unanimous vote of the City Council and approval by the Mayor of the
City, the attached proposed ordinance this `� '_' day of
f1 .' 19
� 1 � ✓� 1, � - _ _ _
CHARTER AMENDMENT ORDINANCE NO.
• AN ORDINANCE RELATING TO THE AWARDING OF
CONTRACTS BY THE CITY, AMENDING SECTIONS
6.05 and 6.06 OF THE RICHFIELD CITY CHARTER
CITY OF RICHFIELD DOES ORDAIN:
Section 1. Sections 6.05 and 6.06 of the City
Charter of the City of Richfield, Minnesota are amended to
read as follows:
"Sec. 6.05. Purchases and Contracts. The City
Manager may make or let contracts for the purchase of mer-
chandise, materials or equipment, or any kind of construc-
tion work when the amount of such contract does not exceed
$57999 $10,000. If such contract exceeds the last stated
amount but is less than $197999 $15,000, same may be made or
let by the City Manager after first obtaining the approval
of the city council. All other purchases shall be made and
all other contracts shall be let by the council.
"Sec. 6.06. Contracts: How Let. Every contract for
the sale or purchase of merchandise, materials or equipment,
or the rental thereof, or for the construction, alteration,
repair or maintenance of real or personal property, where
the amount involved is more than $197999 $15,000 shall be
let only by the council upon the recommendation of the City
Manager to the lowest responsible bidder, unless, the council
shall otherwise provide by resolution adopted by a vote of a
majority of the council and published once in the official
legal newspaper of the city. The council may, however,
reject any and all bids. Subject to the provisions of the
Charter, the council may by ordinance adopt further regula-
tions for making of bids and letting of contracts."
Section 2. This ordinance shall become effective
upon passage and publication in the manner required by law.
Passed by the City Council of the City of Richfield,
Minnesota by unanimous vote this day of ,
1983.
. ATTEST:
City Clerk
Mayor
•
RESOLUTION NO.
RESOLUTION RELATING TO PURCHASING
PRACTICES IN THE CITY OF RICHFIELD
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield as follows:
1. All purchases of the City of Richfield which are
in excess of $5,000, but below $10,000, shall be
made only after the city manager notifies the
city council by inclusion on a city council
agenda.
Passed by the City Council of the City of Richfield this
12th day of December, 1983.
•
ATTEST:
Sylvia K. Bergh City Clerk
•
John Hamilton Mayor
0
•
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 406
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Public Hearing Ordinance Amendment Relating
to Maternity Leave. Second Reading.
A public hearing has been scheduled for December 12, 1983
for an ordinance amendment providing for a city policy governing
maternity leave. A copy of the proposed ordinance amendment is
attached to this council letter.
The ordinance amendment provides for periods of time off
from work for maternity and child care related absences. Mater-
nity leave is differentiated from child care leave in the ordin-
ance. However, the ordinance makes no differentiation between
biological and adoptive mothers. Pursuant to recent state legis-
lation, if the personnel rules allow time off for maternity leave
(a medical reason) , then the personnel rules must also be amended
to provide time off for adoptive mothers. Lastly, the ordinance
establishes that specific details regarding any of the qualifying
leaves covered by this .amendment be guided by specific policies to
be established by the city manager.
The ordinance amendment has been reviewed by the city attorney's
office to ensure that any modification would comply with the Equal
Employment Opportunity Law and the Minnesota Human Rights Act.
Aspects of the most recent modifications to both acts were analyzed
prior to drafting the proposed ordinance.
A written procedure ensuring equal treatment of all affected
individuals is in the process of being formulated by the city
attorney's office and the personnel division, and will be final-
ized within the next few weeks.
It is recommended that the city council hold the public hear-
ing and approve the ordinance amendment relating to maternity
leave.
JGC /ej a
tfu,'ly,)�mitted,T
Bohn G. Cartwright
City Manager\
T S T C N 6 CF SEECT o 2 3 3
'DO SU=Dl'v_
7
'E' CITY 0 F
OF T"HE CODE OF T'.
OF DOES Cr'D`TN
S-ubClivisicn 6 of Section 2.33 o f of
Y
e (D a n s f
City of Richfield rela—.1
is hereby -in the 501)t_.:; ng r,---
1. A new subparak;r—ph ( 3) is at: ed after s-,_--*,:�raragr,-::,-,h
(2) th,--reof, providing as
"(3) —Vaternity Leave. F7-.0loVeeS
. tqv be g r �j.
r e a s -. na b 1 e :)eriods of time off from work `or mate n
r -i t _V n _a
child care leaves of absence. Maternit 0 r
or adoptive mo-hers will be treated as a --i-edical d
j L
1c,—z,,.7e a_-,d (;c-,;(--rn,--d by ordinance and
disability leaves. Child care and related
C.
tri-ated as a non-medical le.=vP- nd (:cy(::rnedADV_0 n
co1icies relating to ncm-.e(�ical jj.( ies f or
actinq upon as,21ications for le _vgs of 1D c L :,e
n C i y _'-a n ac t-2 r
establjshed and :-,�ai by the
2. Existing Sk:bparaarla�hs (3) (4) a-,-,d (5) thereof
I respectively.
are rk:�numbered as Subparagraphs (4) and (6) resnecL.-I
Passed by the City Council of the City of Richfield, '.."innesota, -
this
A T T E- S T :
I* ifzi -
City , er
day of
■
I 1983.
7.'ayor
CITY OF RICHFIELD, MINNESOTA
• Office of City Manager
Council Letter No. 405
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Ordinance Amendment Relating to Demotions.
Second Reading.
A public hearing has been scheduled for December 12, 1983
for an ordinance amendment relating to the demotion provision
of the personnel ordinance.
Under the current ordinance, the language is restrictive in
that demotion may be construed to be limited only to cases of
physical or mental incapacity. If an employee is unable to per-
. form the duties of their respective position for reasons other
than physical or mental incapacity, demotion may not be an alter-
native allowed under the current ordinance language. The prop-
osed amendment adds the words "or for other reasons ", and elimin-
ates any potential restrictions.
It should be noted that the demotion provision of the ordin-
ance is seldom used. However, the ordinance should be amended
to enable the city to deal with such a situation if it were to
arise in the future. The proposed ordinance (copy of which is
attached to this letter) has been reviewed by the city attorney's
office as to proper form and legality.
It is recommended that the city council hold the public hear-
ing and approve the ordinance amendment at the December 12, 198 3
city council meeting.
yohn tfdll mitted,
. Ca twrig ht anage
JGC /ej a
• cc: Program Directors
ORDINANCE AMENDING SECTION 2.31,
SUBD. 2, CLAUSE (3), OF THE ORDINANCE
CODE OF THE CI ^1Y OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Section 2.31, Subd. 2, Clause (3), of the Ordinance
Code of the City of Richfield relating to circiLmstances
under which the city manager may demote an employee is
hereby amended to read as follows:
"(3) Demotion. The city manager may demote an
employee who becomes physically or mentally incapacitated
an4 or for other reasons cannot perform the duties and
responsibilities of the position he currently occupies,. or
. who wishes to be demoted for other personal reasons. The
demotion may be to a position in a lower class if the
employee is qualified to perform the duties of such posi-
tion."
Passed by the City Council of the City of Richfield,
Minnesota, this — day of 1983.
ATTEST:
Sylvia K. Bergh, City Clerk
john E. Hamilton, ?Mayor
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
. Council Letter No. 404
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Request for Variances to the Sideyard and Rear -
Yard Setback Requirements to Construct Addition,
Penn Cycle, 6824 Penn Avenue
Proposal
Elmer Sorenson has requested a variance to allow the con-
struction of an addition which would reduce the rearyard setback
from its present 12.3 feet to two feet.- The ordinance currently re-
quires a minimum rearyard setback of 25 feet, so a 23 foot variance
would be required. In addition to the requested rear yard variance,
sideyard variances are also being sought. The zoning ordinance re-
quires a 15 foot sideyard as a buffer when a general commercial
(C -2) property abuts a residential zone (R), as in this case. The
proposed addition would be constructed. to within ten feet of the
south property line. Therefore, a five foot sideyard variance is nec-
essary to permit construction. The existing sideyard on the north
property line is 4.69 feet, which also does not meet the 15 foot
minimum requirement. The applicant has indicated that the addition
would provide no additional retail sales space, but would provide
additional office and storage space.
History
On January 24, 1966, the city council approved a rezoning
of the single lot at 6824 Penn Avenue from residential to general
commercial. 'lhe council apparently recognized potential problems
with the isolated single lot "C -2" zone. This concern resulted in
the rather unique stipulation that the property be zoned back to
"R" after completion of the structure. The action to rezone the
property back to "R ", however, did not occur for some unknown reason.
On March 9, 1970, the city approved a rearyard variance for
the property reducing the rear yard from 32.25 feet to 12.3 feet,
resulting in a total variance of 12.7 feet. This variance allowed
the construction of a 20' x 40' addition. A second variance was
approved in October, 1979, which allowed the expansion of the
building six feet into the front yard. The established average
front yard of 47 feet on the block was reduced to 39.3 feet for
this property. The result was a total front yard variance of 7.7
feet.
0
•
Council Letter No. 404 -2-
Zoning Ordinance Requirements
Section 3.33, subdivision 6, paragraph 1 requires a side -
yard setback of 15 feet when a "C -2" zone abuts an "R" zone. The
same paragraph requires a 25 foot rearyard for the property in
question. Section 3.40, subdivision 6 stipulates three conditions
which must be satisfied before a variance may be granted.
Staff Review
Staff has reviewed the proposal against the three conditions
which must be present and found the following:
1. That there are special circumstances or conditions
affecting this land not common to other properties
or similar districts:.:
Staff believes no special circumstances are present
on the site which would justify the rearyard and south
sideyard variances. The lot is of a size and shape
similar to other commercial properties in the city.
In fact, the uncommon nature of a "spot zone" may
justify a more literal interpretation of the city
ordinance to protect the character of the surrounding
residential neighborhoods.
2. That the
f or
It is the staff's opinion that denial of the variance
will not preclude reasonable use of the property. The
property owner may continue to enjoy the exceptional
right of commercial use in an otherwise residential
neighborhood.
3. That the granting of the application will not materially
and adversely affect the health or safety of persons re-
siding or working in the neighborhood and will not be
detrimental to the public welfare or injurious to im-
provements in the neighborhood.
It is the staff's opinion that the two -story addition
within two feet of the rear property, 4.69 feet of the
north property line and 10 feet of the south property
line, may have a negative impact on the surrounding
residential district. It may also limit access to the
rear of the building, especially firefighting, with the
six foot redwood fence only two feet away from the
structure. The proposed addition would only be 6.69 feet
away from the adjacent garage on the north which could
pose a fire spread problem. This situation already
exists.
There are also problems on the site because the parking
area extends beyond the commercial zoning district onto
Council Letter No. 404
-3-
the adjacent residentially zoned property which is
• also owned and occupied by the applicant. Commercial
parking lots are not permitted uses in an "R" zone.
Planning Commission Recommendation
The planning commission, on a 6 -2 vote, recommended that the
variances be denied since the three conditions for granting vari-
ances have not been met. The commissioners recognized the valued
service provided to the community by Penn Cycle, but generally be-
lieved the proposal to be an over -use of the property. The
commission also recommended that the council look at the overall
use of both the commercial and residential parcels and attempt to
bring the use into compliance with city ordinances.
Proposal Revisions
Subsequent to the planning commission meeting, city staff has
met with the applicant to discuss the proposal. The applicant has
proposed the following changes:
1. The size of the addition would be reduced to eliminate
the need for two of the three variances required. The
existing 12 foot rearyard setback would be maintained
and the width of the addition to the south would be re-
duced to maintain the required 15 foot sideyard setback.
One variance would still be necessary. The sideyard
setback on the north side is only 4.69 feet and, there-
fore, does not meet the required interior sideyard setback
of 15 feet. The city's ordinance indicates that a non-
conforming structure cannot be expanded, therefore, a
variance would be required to expand the structure as
proposed.
2. The property would be resu bdivided to have the property
line between the commercial and residential property to
the south, approximately 35 feet, so that the parking
area is on the commercial parcel. The commercial zoning
district should then also be extended 38 feet to the
south to bring the use into compliance with city ordinances.
The applicant has also indicated that they would construct a
new eight foot high screen fence along the west side of the commer-
cial property and a six foot high fence on the west side and a por-
tion of the south side of the residential property to better screen
the site from adjacent residential areas. The applicant indicated
a willingness to provide additional landscaping on adjacent resi-
dential properties to discourage customers from shortcutting across
other people's properties. The applicant is also looking for alter-
natives for employee parking. Mr. Sorensen has indicated a willing-
ness to work with the city to bring the use into compliance with
city ordinances.
0 Staff Recommendation
It is the staff's opinion that the variance request would not
•
U
Council Letter No. 4o4 -4-
meet the three conditions necessary for granting variances and
should be denied. However, in light of the history of the parcel....,
and the questions which have surfaced concerning the commercial use
of residential property, it is staff's opinion that action on the
variance should be deferred until there has been additional study
of the potential rezoning and resubdivision outlined above.
Therefore, it is recommended that the city council defer
action on the variance request and initiate the rezoning process
to extend the commercial zoning district boundary on this site an
additional 38 feet to the south.
It is further recommended that the rezoning matter be referred
back to the planning commission for further study. The council could
then reconsider the variance request in conjunction with final action
on the rezoning request.
City staff has discussed this course of action with the appli-
cant, and the applicant has indicated that he has no problem with
it.
t
V �1
ohn G. Car
City Manager
JGC /ej a
cc: Community Development Director
Vitt,
fu,
- / c6d1--)m i t t Pct
PENN CYCLE
. 6824 PENN AVENUE SOUTH MINNEAPOLIS, MINNESOTA
TELEPHONE 612.866 -7540
Mr. Ric.% Jopke
Richfield City Planning & Zoning Dept.
City of Richfield
6700 Portland Avenue South
Richfield, Minnesota 55423
Dear Sirs
55423 USA
November 14, 1983
ale have carefully read the three conditions, that if met, would elicit
Your Staff's approval of our variance request at 6824 Penn Avenue South
(Penn (:cycle), and we herein address each conditions
1. There are special circumstances and conditions affecting the land,
building and its use which are not common to other properties in this
or similar districts as witnessed by the 'special use' doming which we
enjoy (specifically-commercial use in a previously residential area) .
2. 3y granting the application request the City of Richfield preserves
and ensures the continued enjoyment of substantial property rights
in two significant wayss
1) By allowing for,the maximum use of the property, and
2) by separting two traditionally distinct and general groups
Of customers patronizing ours and other cycleries.
Specifically, if allowed to build our addition, we will be able to use a
small niece of unused land to the rear of the store, providing for more
on -site storage thereby reducing the need for trips to the warehouse and
ultimately threfore having the effect of reducing the traffic on and off
the property.
Second, and more significantly, with the additional space we would be able
to direct the two general customer groups (a) parts & accessories and (b)
'icycle customers) to the very separate and readily identifiable areas
SCHNINN PEUGEOT FALCON
RALEIGH
. Mr. Rick Jopke - 2
of the um--dated store facility, having the dramatic effect of sorting
the customers immediately, allowing us to accommodate their needs more
efficiently and, once again, ultimately reduce the traffic congestion
on and off Penn Avenue at peak times of our very seasonal business.
3• We will be prepared to respond to the third ccndition by making a
Presentation and answering any gestions the Commission has of us.
In general we feel very strongly that what we are proposing will be only
positive and a benefit to the neighborhood, the traffic using Penn Avenue,
and our customers,
Sin reh ,
er J. Sorensen
EJS /ms
•
•
•
40
S eyor's Certificate Or.
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• MULTIPLE FAMILY RESIDENTIAL
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ev
REQUEST FOR VARIANCE OF
FOR PURPOSE OF �c(�G4T�i�fG -- S RC 'u,yC7'SGr/ D Y 21D�
Legal Description:
Lq
We, the undersigned, being owners of immediate adjoining land as
above described, do hereby concur with the variance as requested.
Signature of Owners*
Address
* q9 er".i C r. Mlr Tom} I-- _ _ _ - - -- - - - •_ . ._ _ - _ _
10-2 MAPPI I W-1
Ed
Aw"I Mom g 7, N A 9
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I MMI
* q9 er".i C r. Mlr Tom} I-- _ _ _ - - -- - - - •_ . ._ _ - _ _
•
[1
REQUEST FOR VARI-ANCE OF
FOR PURPOSE OF ;.
Legal Description:
We, the undersigned, being owners_ of immediate adjoining land as
above described, do hereby concur with the variance as requested.
Signature of Owners*
Address
*Signatures may not be removed once the petition is siared and
GPENN CYCLE
6824 PENN AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55423 USA
TELEPHONE 612. 866 -7540
December 6, 1983
Mr. R. Jopke /Mr. Bill Turnblad
City of Richfield
Zoning & Planning Commission
6700 Portland Avenue South
Richfield, Minnesota 55423
Gentlemen:
This is to confirm your conversations of last week with my son Jim in your
offices.
In a general way it is, has been, and always will be our intent both as resi-
dents and owners of an active and on -going business in the community, to strike
the most cooperative chords with the city.
In that regard, therefore, we would like to confirm that in the up- coming
meetings with the City Council and any subsequent meetings with your Commis-
sion that we will follow the suggestion of the Commission, (Nov. 22), and
attempt to "clean up" the situation referenced in that meeting that has evol-
ved over many years. Specifically, our response will focus on the-problems
generated by the seasonal nature of our business and the "special use" zoning.
I trust that your Staff, ?regal Department, and my son will clarify the prob-
lem areas and develop solutions that wirrsatisfy most -If- not -a:11- parties
concerned.
With kindest regards.
Sincerely,
z�j'
Elmer-:. Sorensen
EJS /ms
SCHWINN PEUGEOT FALCON
RALEIGH
•
�Jv
-A
REVISED PROPOSAL
2nd Fioo r Addn.
2 Story Addn.
proposed Relocation of
South Property Line
Parking
Proposed Rezoning
/d
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 403
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Request for Rezoning at 2801 West 66th
Street, for a Psychiatry Office. First
Reading.
Dr. Wilmar Larson has requested the rezoning of property
at 2801 West 66th Street from "R" residential to "C -1" limited
business to allow him to convert the existing residence into a
psychiatry office. Dr. Larson has filed with the city a petition
which has signatures of the owners of 56% of the land within 300
feet of the parcel to be rezoned. The petition contains enough
signatures to meet the ordinance requirement for initiating a
rezoning process.
No exterior changes to the outside of the dwelling are con-
templated by Dr. Larson. The existing garage on the site would
be removed and a parking area for six (6) cars would be installed
in the rear of the existing dwelling. The entrance to the park-
ing area would be from the alley to the west of the site in
question. Dr. Larson has indicated that screening would be con-
structed to shield the adjacent residential properties from vehicle
headlights.
Staff has reviewed the proposed rezoning and found the
following:
1. The proposed rezoning would not be consistent with the
city's comprehensive plan. The comprehensive plan in-
dicates that the proposed site is a medium density
buffer area which would allow for multiple family use,
duplexes, single family dwellings and existing conven-
ience commercial establishments. The proposed psychiatry
office would not be consistent with the type of uses
called for in the comprehensive plan.
2. The subject property is adjacent to residentially zoned
property on the west and on the south. There is commer-
cially zoned property across 66th Street to the north.
While there is commercial zoning immediately across 66th
Street from the particular site, a rezoning of the site
in question to commercial could be considered "spot zoning"
Council Letter No. 403 -2-
because there is no commercial zoning within that
• particular block and because the rezoning would not
be consistent with the city's comprehensive plan.
3. The existing single family residential use of the
property is not necessarily the best use. The aver-
age daily traffic count on 66th Street is 17,800 cars.
Typical average daily traffic on a residential street
in Richfield is 200 - 1,000 vehicles per day. The
subject property is also directly across 66th Street
from a "C -2" general commercial district and a fast
food restaurant which generates some adverse impact
on the site.
4. Staff believes that the proposed psychiatry office use
of the site would provide the applicant better utiliza-
tion of the property while maintaining a transition
zone from the residential property to the south. The
proposed psychiatry office use would generate a mini-
mal amount of additional traffic to the area. Dr.
Larson indicates that he sees approximately 19 people
per week and that two part time employees of his each
see approximately 19 people per week.
The total number of patients coming to the site, there-
fore, would only be about 54 persons per week which is
• slightly less than one and one -half patients per hour.
As indicated previously, there would be no exterior
changes to the structure so its appearance would re-
main that of a residence.
5. If the site is rezoned, and at some future date Dr.
Larson decides to sell the property, it could be used
for a much more intensive type of commercial use
which could have adverse effects on the adjacent neigh-
borhood.
Dr. Larson invited the surrounding neighborhood to a meeting
which was held on November 16, 1983 to discuss the proposal. It
was staff's sense that the neighbors that appeared at that meeting
did not object to Dr. Larson's proposed use, but objected to a re-
zoning which could allow a much more intensive commercial use in
the future which could adversely affect their property.
The proposed use of the site as a psychiatry office appears
to be a good use for the site and one which could exist without
detriment to the neighborhood; however, staff cannot recommend
the rezoning because the rezoning is not consistent with the
comprehensive plan and could result in a future use of this prop-
erty which would adversely affect the adjacent single family resi-
dential neighborhood. If the council wishes to proceed with this
matter, council could give first reading approval to the attached
ordinance and schedule second reading and the public hearing on
Is this matter for January 9, 1983.
Council Letter No. 403 -3- December 12, 1983
Planning Commission Recommendation
• The planning commission unanimously recommended that this
rezoning request be denied. The commission also recommends that
the staff prepare an ordinance amendment to allow professional
offices under certain conditions, by special use permit, in
residentially zoned areas. It was the sense of the commission
and the neighbors attending the meeting, that the psychiatry
office could exist on the site without adversely affecting the
neighborhood, but that the rezoning was inappropriate because it
could allow more intensive commercial use of the site at a future
date if the psychiatrist leaves. Staff will be drafting an ordin-
ance to allow professional offices in residential zoning districts
by special use permit for planning commission consideration in
January. Dr. Larson concurred with this approach, if the rezoning
is denied, and indicated that he was not under any particular time
constraint and could wait for the ordinance amendment to occur.
The planning commission also indicated that the city should
evaluate comprehensive plan and zoning ordinance provisions re-
lating to situations where there are residential uses along arter-
ial roadways adjacent to or across the street from commercial uses.
Based on the foregoing information, it is recommended that
the rezoning request be denied and staff be directed to prepare
a zoning ordinance amendment to allow professional offices in
residential districts by special use permit.
• p tfu l mitten,
ohn G. Car Wright
City Manager
JGC /ej a
cc: Community Development Director
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REQUEST FOR REZONING FROM ! , r- TO
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STREET ADDRESS.
LEGAL DESCRIPTION:
We, the undersigned, being owners of land within 300 feet of the land
described above, do hereby concur in this Rezoning request.
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Signature of Owners* Address Legal Description
* For purposes of determining if petition contains the proper number
of signatures to initiate the rezoning process signatures may not
be removed once a petition is signed and returned to the Planning
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-;BEQUEST FOR REZONING FROM /` _�!1�Cc�F�tl� �.` TO Z/�1/-1/- i -L'e-
FOR THE FOLLOWING PURPOSES �, a
STREET ADDRESS:
LEGAL DESCRIPTION:
We, the undersigned, being owners of land within 300 feet of the land
described above, do hereby concur in this Rezoning request.
Signature of Owners* Address Legal Description
* For purposes of.determining if petition contains the proper number
of signatures to initiate the rezoning process signatures may not
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STREET ADDRESS: 'Z Ir E
LEGAL DESCRIPTION:
We, the undersigned, being owners of
described above, do hereby concur in
Signature of Owners* Address
TOE LE
land within 30'0 feet of the land
this Rezoning request.
Legal Description
* For purposes of-determining if petition contains the proper number
of signatures to initiate the rezoning process signatures may not
be removed once a petition is signed and returned to the Planning
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GENERAL COMMERCIAL
SINGLE FAMILY RESIDENTIAL
MULTIPLE FAMILY RESIDENTIAL
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GENERAL COMMERCIAL
SINGLE FAMILY. RESIDENTIAL
MULTIPLE FAMILY RESIDENTIAL
I v !'!1/ !41 —401 "-m 141 ;If
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Nov. 21. 1983
Dear Sir:
Fie: Public Hearing- Nov. 22, 1983
7:30P.M.
Property located at 2801-
I do 66th St..
I would like to have my signature
removed from petition for rezoning
this property.
Have realized what rezoning would
mean to our neighborhood.
Sincerely,
i
- � James 0. Jackson
6612 Thomas Ave. So.
Richfield, Mn.
5'5423
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City i lamer
City of -RicbLfield
6 700 Port'-and "venue
`ichfield, .;i'maesota "123
Lear Sir:
I^ received your notice Of
co- .cer�li..o hl earinb G-1
dai e 31- 60tile.r8 inCc --1
Street ) Wove =ber 22, 1 84
.ove:aber 17, !"'-83
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RECEIVED
NOV 21 1983
Cty of Richfield
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RECEIVED
NOV 3 0 1983
City of Richfield
•
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 402
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject; Request for Variance to the Sideyard Setback
Requirements to Construct Fireplace Chimney,
7319 Clinton Avenue
Proposal
Mr. Myron Gunderson has applied for a sideyard setback var-
iance to permit the construction of a fireplace chimney which
would extend two feet into the required s ideyard . The house to
be constructed would meet the five foot setback requirement, but
the chimney would only be setback three feet.
Zoning Ordinance Requirements
Section 3.30, subdivision 5 requires that a five foot side -
yard setback be maintained. Section 3.40, subdivision 6 lists
three conditions which must be satisfied in order to grant a var-
iance.
Staff Review
Upon reviewing the proposal against the three conditions,
staff has found the following:
1. That there are special circumstances or conditions
affecting this land not common to other properties
or similar districts.
It is staff's opinion that no special circumstances
are present on this particular lot. The lot is typical
of many in the community.
2. That the granting of the application is necessary for
the preservation and enjoyment of substantial property
rights.
It is the opinion of the staff that denial of the vari-
ance would not preclude reasonable use of the property.
The applicant may still construct a single family resi-
dence on the property without a variance being required.
Council Letter No. 402 -2-
3.
•
That the granting of the application will not materially
and adversely affect the health or safety of persons re-'
siding or working in the neighborhood and will not be
materially detrimental to the public welfare or injurious
to improvements in the neighborhood.
It is the staff's opinion that the proposal will not be
detrimental to the general public welfare. However, with
a three foot setback, it is conceivable that an eight foot
building separation could occur at some time in the future.
Were this to occur, fire equipment access could be hamper-
ed and a fire spread danger from chimney fires and ashes
would be possible.
Staff Recommendation
Because the variance request does not satisfy all three required
conditions, the staff must recommend denial of this variance request.
Planning Commission Recommendation
The planning commission on a 6 -2 vote recommends that the
variance be denied because the three conditions for granting vari-
ances have not been met.
Re_,pectfu 1
61u G. Ca/tt
ity Manager
JGC /ej a
cc: Community Development Director
WU
MIU r
0
tted , .-
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•
SIDE YARD VARIANCE
REQUEST
Alley
Clinton Avenue
li�
CITY OF RICHFIELD, MINNESOTA
Office of City Manager • ••�.
Council Letter No. 401
Agenda December 12, 1 983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Special Use Permit to Allow a Restaurant at
9 East 66th Street
Mr. Charles Dufresne, representing Lincoln Properties, Inc.,
has requested that the city approve a special use permit to allow
a restaurant in the Richfield Shoppes South development at 9 East
66th Street. The restaurant would occupy the easterly 56 feet of
the building formerly occupied by the Red Owl Store.
The proposed restaurant would be a buffet type (smorgasbord)
restaurant and would be called "Old Country Buffet". The restaur-
ant would seat 240 people and would be designed to appeal to
families and senior citizens. No liquor would be served. The
hours of operation would be 11:00 a.m. to 9:00 p.m. Monday through
Saturday, and 8:00 a.m. to 9:00 p.m. on Sundays.
Zoning Ordinance Requirements
1. Section 3.33, subdivision 3 indicates that restaurants
are only permitted in C -2 zoning districts if a special
use permit is obtained;
2. Section 3.34, subdivision 4 lists standards which restaur-
ants must be in substantial compliance with before a
special use permit can be granted;
3. Section 3.41 , subdivision 5 and 5A require that it be
found that a special use permit proposal not be detrim-
ental to the public welfare, and that it be consistent
with the city's comprehensive plan and the redevelopment
plan and urban design elements thereof, city parking
guidelines, and city landscape guidelines.
Staff Review
Staff has reviewed the proposal and found the following:
1. The proposed restaurant use would be consistent with
the city's comprehensive plan. The comprehensive plan
indicates that the site should be used for high density
11
•
Council Letter No. 401 -2-
central business district uses, including eating estab-
lishments.
2. The proposed restaurant use would not conflict with the
goals of the Lyndale /Hu b/Nicollet redevelopment plan.
The redevelopment plan anticipated no change in use on
the proposed site. The Red Owl Store which previously
existed on the site went out of business and the exist-
ing structure has been renovated to house other commer-
cial uses. The development of commercial uses on the
site which compliment other uses in the area as a whole
and which do not adversely affect adjacent properties
would be consistent with the goals of the redevelopment
plan. The proposed restaurant would meet these conditions.
3. The materials used on the exterior of the building do not
meet the Urban Design Guidelines, but were approved by
the city council.
4. Landscaping provided on the site meets city landscape
guidelines.
5. The city's off- street parking guidelines indicate that a
total of 133 parking stalls would be provided ' on the
site for the restaurant and the other two commercial ten-
ants in the structure. The site plan indicates 117 park-
ing spaces will be provided. While the site would be 16
parking spaces short of city guidelines, it is staff's
opinion that there would be adequate parking to handle
the needs of the restaurant and the other tenants. The
other commercial uses on the site, especially the Hammond
Organ store, do not generate a heavy traffic volume and
parking demand. This could change in the future, however,
if the commercial tenants change and the new tenants gen-
erate a higher traffic demand than the existing tenants.
6. The proposed restaurant would meet all ordinance standards
for restaurants found in Section 3.33, subdivision 4 of
the city code.
Staff Recommendation
It is staff's opinion that the proposed restaurant would work
well on the site. The type of restaurant being proposed and its
family and senior citizen orientation would serve the needs of
Richfield residents well. It would also provide needed additional
banquet and meeting space in the community. The hours of operation
are limited and its impact on the adjacent single family residential
area would be minimal. Therefore, staff recommends that the special
use permit be approved.
Planning Commission Recommendation
The planning commission unanimously recommends that the
special use permit be approved with the stipulation that the
Council Letter No. 401 -3-
fences, hedges, and grass areas on the site be repaired or re-
placed and properly maintained.
• Some of the concerns expressed at the commission meeting
were that snow storage would eliminate parking stalls, that the site
has not been properly maintained in the past, that no additional
curb cuts be allowed to site from First Avenue, and that the
parking restrictions on First Avenue aren't necessary. The appli-
cant indicated that snow would be hauled away from the site if
more than three parking stalls are lost and that the site will be
properly maintained in the future. The applicant has not requested
additional curb cuts and the staff is reviewing the parking re-
strictions on First Avenue.
Based on the foregoing information, it is recommended that the
city council approve the special use permit subject to the stipula-
tion of the planning commission that fences, hedges, and grass areas
on the site be repaired or replaced and properly maintained.
fu
�Idhn G: Cart
City Manager
JGC /ej a
0
.,stv66itted . %
0
iNovember 2, 1983
SPECIAL USE PERMIT REQUEST
Buffets, Inc. wishes to develop and operate a buffet (smorgasbord) restaurant
called "Old Country Buffet." The restaurant will offer a wide variety of Ameri-
can dishes, including salads, entrees and desserts, presented in a self- service
buffet format. Customers will select the items and portions of their choice,
including beverages, for a fixed price. Senior citizens who purchase an identi-
fication card will receive a discount on each lunch or dinner meal. The restau-
rant will seat approximately 300 people and is designed to appeal to families
and the rapidly growing senior citiz en portion of the U.S. population.
Old Country Buffet is owned by two experienced food service executives (Roe
H. Hatlen and C. Dennis Scott) and a small group of investors. Buffets, Inc.
was recently formed to develop a buffet (smorgasbord) restaurant chain in
the Upper Midwest. The unit at 66 and Nicollet will be the Company's flagship
restaurant.
CONCEPT, FORMAT AND MENUS
Old Country Buffet will offer:
1) Complete, Well - Balanced Meals
The Company's restaurants will offer nutritionally balanced menus, includ-
ing a large selection of hot and cold American dishes prepared at the
restaurant from uniform recipes and ingredients. Each customer will be
able to select from a number of nutritious salads, entrees and vegetable
selections.
2) Wide Variety
A typical dinner menu consists of chicken and two or three other hot
entrees, such as roast beef and a hot casserole or shrimp and oysters,
and a variety of hot vegetables and desserts. Not only will customers -
have an opportunity to choose from the many hot and cold food selections
each day, but many entrees, salads and vegetables will change from day -to-
day. In any given week, there will be -more than 40 hot food selections,
including carved roast beef and ham at the evening meal, fifteen different
salads, plus dressings, condiments, hot and cold beverages and dessert
choices.
3) Self Service Format
Food selections are displayed in an attractive buffet format. Customers
serve themselves from the buffet and are dining within a short time after
arrival. Each customer takes whatever he wants and as much as he wants.
And he can return for second portions of those items he particularly
�` enjoyed.
4) Fast Service . o -f _V.
The food is already prepared, and there is no waiting for a waitress
to take an order and bring the food. Customers who have a limited amount
of time can be served quickly.
5) Moderate Prices
The value of each meal is high. Whereas most restaurants have food costs
in the 30% range, the food cost in a Buffets, Inc. restaurant and other
successful smorgasbord operations will be approximately 40 %, which means
the customer receives a better value -- more food for his dollar. Prices
for adults will be $3.50 for lunch and $4.75 for dinner. Children's prices
are the same for lunch and dinner; children up to age 10 will pay $.34
per each year of their age and children over age 10 pay adult prices.
Senior citizens who purchase an identification card for $1.00 will receive
a discount on each lunch or dinner. Identification cards are valid only
during the year of purchase.
6) Convenient Hours
The Company's restaurants will be open for lunch and dinner seven days
a week, generally from 11 :00 a.m. to 9:00 p.m. and for breakfast 6n Sunday
at certain restaurants, from 8:00 a.m. to 11:00 a.m.
7) Comfortable Atmosphere
The lighting and decor of the Company's restaurants and the dress and
manner of its employees will be conducive to family dining. Alcoholic
beverages will not be served at Buffets, Inc restaurants.
MARKET
Based upon the founders' experience with similar restaurant chains, it is
expected that Old Country Buffet's customers will be'families and individuals,
married, in an older age category (45 or older with a high proportion over
62). It is expected that quality, value and variety of food and convenient
locations will be significant factors in the customer's decision to eat at
the Company's restaurants. It is expected that lunch business will consist
of shoppers, office personnel, blue collar workers and senior citizens. The
supper business will be comprised of families, parties of two (husband and
wife), and senior citizens. The family trade will be enlarged substantially
at the supper meal. The restaurant will feature a banquet room which will
be available.for luncheon and dinner meetings for civic groups and the public
in general.
SENIOR CITIZEN MARKET
Old Country Buffet will cater to the senior citizen market by selling to sen-
iors over 60 years of age a discount card for $1.00. The card will be good
for one year and will enable the holder to receive approximately a 40 cent
discount on lunch and a 50 cent discount on dinner. Seniors are very loyal
and committed customers and if made to feel welcome, we expect many seniors
will eat with us every day.
•
•
It is the owners' intent that Old Country Buffet and its employees will become'
an integral part of the Richfield community. Much time, effort and research
has been spent trying to match the community-to our restaurant concept. It
is our belief that Old Country Buffet and the.Richfield community are a natural
fit and will be mutually beneficial to each other for many years to come.
Our investment in this location will approximate $500,000 and is expressive
in monetary terms of our sincere interest in this location and community.
Sincerely,
Roe H. Hatlen
Chief Executive Officer
BUFFETS, INC.
•
•
..Ka .
APPENDIX
MANAGEMENT:
The co- founders of Buffets, Inc. and its Old Country Buffet restaurants are
Roe H. Hatlen and C. Dennis Scott. Mr. Hatlen serves as Chairman and Chief
Executive Officer of the Company. Mr. Scott serves as President and Chief
Operating Officer of the Company.
Prior to forming Buffets, Inc., Hatlen, a C.P.A., was the Chief Financial
Officer of Pizza Ventures, Inc., a publicly owned chain of Godfather's Pizza
restaurants. Hatlen joined Pizza Ventures in January of 1983 when it operated
77 restaurants and was able to assist in the growth and development of the
company to its present 151 units. On September 2, 1983, Pizza Ventures, Inc.
was merged into Godfather's Pizza, Inc. Prior to joining Pizza Ventures, Mr.
Hatlen was Vice President of Finance and Treasurer of International King's
Table, Inc., a publicly owned chain of smorgasbord restaurants. During his
nine year tenure at King's Table, the company grew from 14 restaurants and
sales of $3.5 million to 57 restaurants and $40 million in sales. As a member
of the King's Table Executive Commitee, he developed expertise and understanding
in all aspects of developing and running a large growing profitable restaurant
chain.
Mr. Hatlen, age 40, is married and has three children. His family moved to
the Twin Cities from Oregon in January of 1983. His wife, Beverly (Thompson),
was raised in St. Paul and has a father and three brothers who are Lutheran
pastors in the Twin Cities and surrounding communities.
Mr. Scott, age 36, served as Regional Director of Operations for International
King's Table, Inc. prior to co- founding Buffets, Inc. He was responsible for
22 restaurants in Arizona, Colorado and Wyoming with an annual sales volume
of approximately $22 million. During his three year tenure at King's Table,
Mr. Scott played a key role in King's Table's profitable growth. He brought
to the company an understanding of the smorgasbord business and an ability
to operate the company's restaurants efficiently and profitably. Prior to
joining King's Table, Mr. Scott worked for North's Chuckwagon Buffet Restau-
rants, a chain of twenty -five company -owned and franchised smorgasbord units.
During his four -and -a -half year tenure at North's, he rose from Manager to
Director of Operations, responsible for Advertising, Purchasing and Operations.
Before coming to work for North's, Mr. Scott worked for a restaurant chain
in California.
Mr. Scott is married and has two children. He and his family will shortly be
moving from Denver to the Twin Cities to take up residence.
•
•
•
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•
•
•
RICHFIELD SHOPPES SOUTH
Nicollet N
0
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Letter No. 400
Agenda December 12, 1983
Council Members:
Subject: License Renewals for On -Sale and Sunday Liquor
American Legion Post, 6501 Portland Avenue
A public hearing has been scheduled for the December 12,
1983 city council regarding the license renewals for Sunday
liquor and on -sale liquor for the American Legion Post at 6501
Portland Avenue.
The background investigation regarding this license renewal
has not been completed by the Public Safety Department due to
• some technicalities that must be cleared up with the State of
Minnesota.
It is the recommendation of the Public Safety Director,
in which I concur, that the city council continue this hearing
to the January 23, 1984 city council meeting.
JGC /ej a
Rg.ripectfu y
ohn G. ar
City Ma alter
wright
tted ,
/0'
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
• Council Letter No. 399
Agenda December 12, 1983
n
LJ
•
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: License Renewals for On-Sale and Sunday
Liquor Licenses, Fred Babcock VFW Post 5555
A public hearing has been scheduled for the December 12,
1983 city council regarding the license renewals for Sunday
liquor and on -sale liquor for the Fred Babcock VFW Post 5555.
The background investigation regarding this license has
not been completed by the Public Safety Department, due to
some technicalities that must be cleared with the State of
Minnesota.
It is the recommendation of the Public Safety Director,
in which I concur, that the city council continue this hearing
to the council meeting of January 23, 1984.
JGC /ej a
cc: City Clerk
S
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
40 Council Letter No. 398
Agenda December 12, 1983
0
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subj ect : Renewal of On -Sale and Sunday Liquor Licenses
for Howard Johnson Company dba Ground Round
Restaurant, 1500 East 78th Street
The Howard Johnson Company dba Ground Round Restaurant, lo-
cated at 1500 East 78th Street, has submitted an application, other
required information, and paid their fee for the renewal of the on-
sale and Sunday liquor licenses for this establishment.
The public safety department has completed their routine back-
ground investigation and have found the corporate structure of
the Howard Johnson Company, parent corporation for the Ground Round
Restaurant, unchanged from last year. All of the corporate officers
are residents of Massachusetts and none of these individuals have
any known criminal record.
The A.G. Bogen Company remains the owner of the building and
the lease agreement between the Howard Johnson Company and the A.
G. Bogen Company is unchanged and in effect. Current real estate
taxes amounting to $23,325.54 have been paid as of October 27,
1983, by the A.J. Bogen Company. The Minnesota Department of
Revenue has indicated that all sales and withholding taxes have
been paid for the previous year.
In accordance with the city code, an accountant's statement
was prepared and submitted by CPA Christopher V. LoPilato, of the
internal auditing department of the Howard Johnson Company. This
statement indicated gross food and beverage sales for the period
October 2, 1982 through September 30, 1983 in the amount of
$1,856,616. Food sales amounted to $1,084,266, or 58% of the
gross combined sales. Beverage sales amounted to $772,350, or 42%
of the gross combined sales. These figures appear to be well with-
in the requirements of the ordinance code.
All insurance coverage is in order.
intoxicating liquor license bond has been
and this bond indicates that the Reliance
Philadelphia, PA is affording the require
certificate of insurance detailing public
has been submitted by the American Mutual
The required on -sale
filed with the City
Insurance Company of
3 surety bond. The
and liquor liability
Liability Insurance
0
•
Council Letter No. 398 -2-
Company of Wakefield, Massachusetts. This coverage names the
City of Richfield as an additional insured and appears to meet
the ordinance code requirements.
During 1983, Mr. Trent L. Trahan was appointed manager of
the establishment, replacing the previous manager. Mr. Trahan
has been an employee of the Howard Johnson Company since February,
1982, and prior to assuming the position of manager of the Rich-
field restaurant, he was the manager of the Ground Round Restaur-
ant in Schiller Park, Illinois. Mr. Trahan appears to be well
qualified for his position, and has no known criminal record. The
background investigation conducted by the public safety department
revealed no basis that would preclude Mr. Trahan from being
licensed as a manager of this establishment.
Between November 1, 1982 and October 31, 1983, a total of 39
public safety contacts were made with the Ground Round Restaurant.
This compares with 62 public safety contacts for the previous year,
or a decrease of approximately 38 %. Of the 39 public safety con-
tacts there has been a 50% decrease in the total number of "bar
type" contacts. This appears to be a reliable indicator as to the
level of concern by the Ground Round Restaurant regarding their
reputation.
The background investigation revealed nothing that should
preclude renewal of the requested licenses. Therefore, it is
the recommendation of the public safety director, in which I con-
cur, that the city council give favorable consideration to the
renewal of the licenses requested by the Ground Round Restaurant
establishment for the year 1984.
JGC /ej a
pe
Oohn
City
fu y 5111 11ttPd .
G. art
Manager
0
CITY OF RICHFIELD MIM ESOTA
Office of City Manager
Council Letter No. 397
Agenda Becember 12, 1 98 3
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Public Hearing Relating to Renewal of On -Sale
and Sunday- Liquor Licenses for the Consul
Corporation, D /B /A Chi Chi's Restaurant, 7717
Nicollet Avenue
The Consul Corporation, dba Chi Chi's Restaurant, 7717
Nicollet Avenue, has submitted their application, and paid the
required fee for renewal of their on -sale and Sunday liquor
license for 1984.
The public safety department has completed its routine back-
49 ground investigation and has found the corporate structure of
Consul Corporation basically unchanged from the last year, with
two exceptions. First Mr. John Hamburger, who was the Corporate
Secretary, is now Corporate Treasurer and his position as Corpor-
ate Secretary has been filled by Mr. William Kuhlman, who is also
Consul Corporation's legal counsel. The second change is Mr.
Merrill J. Anderson, who last year was Corporate Treasurer and is
now Chairman and Chief Executive Officer of the Corporation. In
addition, Mr. Anderson has 6.2% financial interest in the corpor-
ation. None of the corporate officers have any known criminal record.
The owner of the building continues to be Clark Enterprises
and the lease agreement between Clark Enterprises and Chi Chi's
Restaurant remains unchanged.
In accordance with Richfield Ordinance Code 11.03, subdivision
7, the required accountant's statement has been filed by John M.
Hamburger, for the period October., 1982 through September, 1983.
This statement reflects total gross food and beverage sales in the
amount of $3,766,088. Of this total gross figure, food sales amounted
to $2,118,358, or 56% of the gross, and beverage sales amounted to
$1,647,730, or 44% of the gross sales.. These figures are within
the guidelines under Richfield City Ordinance Code 11.06, subdivision
12, paragraph 15.
The required on -sale intoxicating liquor license bond con-
tinues to be in effect until December 31, 1984, and is carried
with the Great American Insurance Company of Schaumburg, Illinois.
Council Letter No. 397 -2-
This is the third year that Consul Corporation has carried their
surety bond with this company. The general and liquor liability-
insurance coverage is carried through the Harrison Insurance
Company Agency, of Louisville -, Kentucky.. These. coverages
are afforded through the Home Insurance Company. The city is
named as an additional insured and all coverages meet the require-
ments under our city ordinance code 11.06.
The Minnesota Department of Revenue was contacted regarding
state sales and withholding taxes, and indicated that all payments
of withholding and sales taxes are current. The general real
estate tax of $64,084.98, has been paid as of October 17, 1983,
by the owners of the property, Clark Enterprises.
On approximately October 1, 1983, Mr. Steven C. Raschke re-
placed Mr. Craig A. Schreiber as the manager of Chi Chi's Restaur-
ant. Prior to becoming the manager of the Richfield Chi Chi's
Restaurant, Mr. Raschke was the manager of the Minnetonka Chi Chi's
Restaurant. Mr. Raschke is married and lives in Deephaven, has an
extensive background in the restaurant business and appears to be
well qualified for the position of manager. He is a native of
South Dakota and has worked in both North and South Dakota in the
restaurant business prior to his employment with the Consul Corpor-
ation. Mr. Raschke has no known criminal record, and there appears
to be no basis for denial of his license as manager of the Richfield
restaurant.
During the period November 1, 1982 through October 3, 1983,
there were a total of 64 public safety contacts with Chi Chi's
Restaurant. This compares to a total of 95 contacts for the pre -
ceeding 12 month period, or a 33% reduction. In addition, only 8
of the 64 contacts were of a criminal nature as opposed to 42 for
the previous year. This represents an 81% reduction. Of the 8
criminal contacts, only two were of a "bar type" nature, as com-
pared to 8 for the previous year, or a total reduction of 75 %.
During its operations in Richfield Consul Corporation has appeared
to be genuinely concerned with its image and with adhering to all
conditions regarding its license, especially those involving the
possible sale of liquor to minors.
Nothing has been revealed in this background investigation
that would preclude renewal of the licenses that Consul Corporation
is requesting. Therefore, it is the recommendation of the public
safety director, in which I concur, that the city council hold the
public hearing and give favorable consideration to the renewal of
the on -sale and Sunday liquor licenses for the Consul Corporation/
Chi Chi's Restaurant.
Re ectful s fitted,
J hn G. Cart right
City Manager
JGC /ej a
,* 3
CITY OF RICHFIELD, MINNESOTA
• Office of City Manager
Council Letter No. 396
Agenda December 12, 1983
The Honorable Mayor
and
Members of the City Council
City of Richf ield
Council Members:
Subject: Public Hearing Relating to Renewal of On-
Sale and Sunday Liquor Licenses for the
Godfather, Inc. 708 West 66th Street
The Godfather, Inc., Restaurant, 708 West 66th Street has
submitted their application, supporting documentation, and paid
the required fee for renewal of their on -sale and Sunday liquor
license for 1984.
The public safety department has completed its routine back-
ground investigation and has found that Mr. John Anzevino continues
to be the sole stockholder and corporate officer of the Godfather,
Inc. Mr. Anzevino has maintained full control of the corporation
since May 12, 1981. In addition, during the past year Mr. Anzevino
divested himself of the establishment that he maintained in Medicine
Lake, MN. His sole liquor license is now the Richfield restaurant.
Mr. Anzevino has no known criminal record.
The required accountant's statement prepared by the Certified
Public Accountant firm of Schweitzer, Rubin, Gottlieb and Karon
was submitted. This statement reflects sales for the period June
1, 1982 through May 31, 1983, with total sales in the amount of
$1,305,413. Recorded food sales totaled $869,406, or 67% of the
total gross sales, and beverage sales totaled $436,007, or 33%
of the total gross sales. These figures are in compliance with
the guidelines of Richfield Ordinance Code 11.06, subd. 12, para-
graph 15.
The required on -sale intoxicating liquor license bond is
carried with the St. Paul Fire and Marine Insurance Company of
St. Paul, MN, in the amount of $10,000 and is effective until
December 31, 1984. The public and liquor liability coverages are
afforded through the American Hospitality Association and are
carried with the Professional Writer's, Inc., Insurance Company
of Minneapolis. The city is not listed as additional insured on
the insurance binder supplied by the applicant. This was brought
• to his attention and the city has been advised that the amended
binder will be submitted.
•
Is
Council Letter No. 396 -2-
Tax obligations of the Godfather, Inc. reveal that the
general real estate taxes for the year have been paid by the owners
of the property, Amos and Daniel Hei.licher, in the amount of
$34,484.46. Amos and Daniel Heilicher have owned this property
for the past three years and continue to maintain a lease agreement
with the Godfather, Inc. Lease payments are current. The Depart-
ment of Revenue, State of Minnesota, was contacted regarding sales
and withholding tax obligations for the Godfather, Inc., and all
sales and withholding tax payments are current.
Patrick Michael Anzevino continues to be the on- premises
manager and has no known criminal record and there appears to be
no basis for denying the requested renewal of his manager's license.
During the period of November 1, 1982 and October 3, 1983,
there were a total of 44 public safety contacts with the Godfather,
Inc. During the previous 12 month period there were 57 contacts
with this establishment, which represents a 23% reduction in the
number of total public safety contacts this year over last year.
For two consecutive years there has been a decrease in public safety
contacts, which indicates that Mr. Anzevino continues to improve
control of his establishment. There was some concern during this
past year with regard to the serving of minors at his establishment.
However, Mr. Anzevino has been very cooperative and responsive and
has assured the department of public safety that he is taking
necessary steps to ensure that minors are not served on Godfather
premises.
Nothing has been revealed in this background investigation
that would preclude renewal of the licenses that the Godfather, Inc.
is requesting. Therefore, it is the - recommendation of the Public
Safety Director, in which I concur, that the city council hold the
public hearing and give favorable consideration to the renewal of
the on -sale and Sunday liquor licenses for The Godfather, Inc.,
Restaurant.
JGC /ej a
spect
City Manage
&Zff
wright
tted,