07-27-81 agenda~~
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 2G1
Agenda July 27, 1981
The Honorable Niayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Ordinance Amendment Relating to Public
Bathhouses
There is an item on the July 27, 1981 city council agenda
providing for council consideration of an ordinance amendment
which would regulate public bathhouses.
Richfield city ordinance presently does not regulate public
bathhouses and, to my knowledge, there are presently no such
facilities in the city. However, the planning division has re-
cently received an application from a party interested in oper-
ating such a business in the community. A preliminary review
of that application has raised several health related questions on
which the ordinance appears to be silent. The city attorney will
provide a copy of the proposed ordinance amendment to council mem-
bers at the July 27, 1981 council meeting.
Respectfully submitted,
JV D
Iarl Nollenberger
City Manager
KN/eja
cc: Community Development Director
Public Safety Director
City Planner
City Attorney
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AMENDMENT TO CHAPTER V,
PART II AND APPENDIX D
OF THE ORDINANCE CODE
OF THE CITY OF RICHFIEL
CITY OF RICHFIELD DOES ORDAIN:
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I. Chapter V, Part II of the Ordinance Code of the City regulating
certain recreational activities is hereby amended by adding
thereto the following new Section 5.261 to read as follows:
- "5.261. Regulation of Public Baths.
Subdivision 1. Definitions. As used in this
ordinance, the terms defined in this subdivision shall
have the meanings ascribed to them:
(1) "Bath" means a container or receptacle designed to
hold water and in which the human body may be
entirely or partially immersed for the purpose of
bathing, cleaning, or relaxing. TI1e term also
includes a shower bath but does not include a
sauna as defined in Section 5.25 of the Code. The
term does not include any device which is being
used under the direction of a doctor, chiro-
practor, nurse or licensed physical therapist for
the purpose of physical therapy.
(2) "Public Bath" means a facility open to the public
or operated as a club where, for a consideration one
may use a bath. The term public bath does not
include baths located at primary or secondary schools.
Subdivision 2. License Required.
(1) It is found and determined that the type of
business activity subject to licensure under this section
is particularly subject to abuse which may take a number
of forms contrary to the morals, health, safety and
general welfare of the community. Further, it is found
that control of these abuses requires intensive efforts
of the public safety department as well as other depart-
ments of the city. These efforts may exceed those which
are required to control and to regulate other business
activities licensed by the city. This concentrated use
of city services tends to detract from and reduce the
level of service available to the rest of the community
and thereby diminishes the ability of the city to pro-
mote the general health, welfare, morals and safety of
the community. The number of public bath licenses which
may be in force at any one time shall be one.
(2) No person shall operate or engage in the
business of operating a public bath exclusively or as a
substantial part of a business enterprise without being
licensed as provided in this section.
(3) No person shall hold out any establishment as
providing public bath services unless such establishment
is licensed as provided in this section.
Subdivision 3. Contents of Application. Applica-
tion for a license shall be made only on forms provided
by the city manager. The application shall contain a
description of the property to be used, the names and
addresses of the owner, lessee, if any, and the operator
or manager, the names, residences and addresses of two
persons, residents of Hennepin County, who may be refer-
red to as the applicant's, the manager's or operator's
character, whether the applicant, manager or operator
has ever been convicted of a crime or offense other than
a traffic offense, and if so, information as to the
time, place and nature of such crime or offense; and
such other information as the city manager may require.
If the application is made on behalf of a corporation or
a partnership it shall submit along with its applica-
tions, its business records showing the names and
addresses of all individuals having an interest in the
business, and, in the case of a corporation, the names
and addresses of the officers. All applicants shall
furnish to the city along with their application, doc-
uments establishing the applicant's interest in the
premises on which the business will be located. Docu-
mentation shall be in the form of a lease, a deed, a
contract for deed or any other document which establishes
the applicant's interest.
Subdivision 4. License Fees and License Year.
(1) The annual license fee is as provided in
Appendix D of this Code. The license fee shall be paid
when the application is filed. In the event that the
application is denied or in the event that the license
once issued is revoked, cancelled, suspended or surrendered,
no part of the annual fee shall be returned to the appli-
cant unless by council action.
(2) At the time of each original application for
a license, the applicant shall also pay a minimum invest-
igating fee. This minimum fee shall be as provided in
Appendix D of this Code. If the expenses of the invest-
igation relating to any application exceed the minimum
investigating fee, the city shall notify the applicant
of this fact and shall require the applicant to pay such
additional investigating fees as the City Manager deems
necessary to complete its investigating of the applicant.
The applicant shall pay such an additional investigating
fee within five (5) days of being so notified. If such
additional investigating fee is not paid within such five-
day period, the city shall discontinue consideration of
the application.
(3) A separate license shall be obtained for each
place of business. The licensee shall display the license
in a prominent place in the licensed business at all
times. A license, unless revoked or surrendered, is for
the calendar year or part thereof, for which it has been
issued.
- Subdivision 5. Granting or Denial of Licenses. ;-
License applications shall be reviewed by the public
safety department, community development department, and
such other departments as the city manager shall deem
necessary. The review shall include any inspection of
the premises covered by the application by the inspection
division and fire division to determine whether the
premises conforms to all applicable code requirements.
Recommendations shall be made in writing to the city
manager. Thereafter, licenses shall be granted or. denied
by the city manager subject to the provisions of this
section. The applicant may appeal to the city council
from the manager's decision.
Subdivision 6. Conditions Governing Issuance.
(1} No license shall be issued if the applicant or
any of its owners, managers, employees or agents is a
person of bad repute.
(2) Licenses shall be issued only if the applicant
and all of its owners, managers, employees and agents
are free of convictions for offenses which involve moral
turpitude or which relate directly to such person's
ability, capacity or fitness to perform the duties and
discharge the responsibilities of the licensed activity.
(3) Licenses shall be issued only to applicants
who have not, within one year prior to the date of appli-
cation, been denied licensure; or who have not within
such period had their license revoked.
(4) Licenses shall be issued only to applicants who
have provided, fully, all of the information requested in
the application, have paid the full license fee, together
with all other fees required, and have cooperated with
the city in review of the application.
(5) If the applicant is a natural person, a license
shall be granted only if such person is 18 years of age
or older.
(6) Licenses may be granted only for locations in
the general commercial districts. A license shall not
be granted for any property which abuts upon property
located within a residential district or upon property which
is used for residential purposes. Properties shall not be
deemed to abut if they are separated by public street or
alley right-of-way.
(7) Licenses shall be granted only to establishments
which meet all applicable code requirements of the city.
(8) A license shall not be granted if granting the
license (a) would be inconsistent with the comprehensive
development plans of the city, or (b) would otherwise
have a detrimental effect upon other property or properties
in the vicinity.
(9) No premises licensed as a public bath may also
be licensed as a sauna or massage parlor pursuant to
Section 5.25 of this code.
Subdivision 7. Restrictions and Regulations.
(1) The licensee and the persons in its employ
shall comply with all applicable regulations and laws of
the city and state relating to safety and morals.
(2) If the licensee is a partnership or a corpor-
ation, the applicant shall designate a person to be manager
and in responsible charge of the business. Such a person
shall remain responsible for the conduct of the business
until another suitable person has been designated in
writing by the licensee. The licensee shall promptly
notify the public safety department in writing of any
such change indicating the name and address of the new
manager and the effective date of such change.
(3} The licensee shall furnish the public safety
department with a list of current employees indicating
their names, addresses and dates of birth. The licensee
shall promptly notify the public safety department of
any change in the list.
(4) The licensed premises shall be closed at 10:00
p.m. each day and shall not open until 9:00 a.m. on week
days or until 12:00 noon on Sundays.
(5) The licensee shall permit and allow the inspec-
tion of the premises during business hours by all
appropriate city employees.
(6) Upon demand by any police officer any person
employed in any licensed premises shall identify himself
by giving his true legal name and date of birth and his
correct address.
(7) No person under 18 years of age shall be employed
in an establishment requiring a license under the pro-
visions of this ordinance.
(8) The licensee shall take all necessary steps
to prevent the consumption or possession of alcoholic
beverages and controlled substances on any part of the
premises by either customers or employees.
(9) The licensee shall refuse to accept as a
customer any person obviously under the influence of
alcohol or drugs.
(10) No person shall be permitted to bathe nude
or in a bath or in a roome which is also occupied by a
person of the opposite sex, including employees of the
licensee.
(11) No employee of the licensee shall be permitted
to touch any customer or to scrub, massage, wash, or
apply lotion to any customer.
(12) No part of the licensed premises may be used for
sauna or massage activities as those terms are defined in
Section 5.25 of this code.
Subdivision 8. Construction and D~aintenance Require-
ments.
(1) All bathing rooms and all restrooms and bath-
rooms used in connection therewith shall be constructed
of materials which are impervious to moisture, bacteria,
mold or fungus growth. The floor to wall and wall joints
shall be constructed to provide a sanitary cove with a
minimum radius of one inch.
(2) All restrooms shall be provided with mechanical
ventilation with 2 cfm per square feet of floor area, a
hand ~,~ashing sink equipped with trot and cold running
water under pressure, sanitary towels and a soap dispenser.
(3) All rooms in the licensed premises including,
but not limited to bathing rooms, restrooms, bathrooms,
janitor's closet, hallways, and reception area shall be
illuminated with not less than 30 foot candles of illum-
ination.
(4) Each establishment shall have a janitor's closet
which shall provide for the storage of cleaning supplies.
Such closet shall have mechanical ventilation with 2 cfm
per square foot of floor area. Such closet shall include
a mop sink.
(5) Floors, walls and equipment in bathing rooms
and in restrooms and in bathrooms used in connection
therewith must be kept in a state of good repair and
clean at all times. Linens and other materials shall be
stored at least 12 inches off the floor. Clean towels
and ~~;ash cloths must be made available for each customer.
(6) Individual lockers shall be made available for
use by patrons. Such lockers shall have separate keys
for locking.
(7) Such establishments shall provide adequate
refuse receptacles which shall be emptied as required.
(8) The doors to the individual dressing and bath-
ing rooms shall not be equipped with any locking device
and shall not be blocked or obstructed from either side.
(9) Baths shall be completely drained and cleaned
after each use.
Subdivision 9. Liability Insurance.
(1) Prior to the issuance of a public bathhouse
license, the applicant shall file with the city clerk a
liability insurance policy providing coverage of at least
$200,000 and $500,000.
(?} The policy shall provide that no cancellation
for any cause shall be made by either the insured or
the insurer without first giving written notice of such
cancellation to the city at least 30 days prior to the
effective date of the cancellation.
(3) The policy shall further provide that no pay-
ment of any claim by the insurance company shall in any
manner decrease the coverage provided for in respect to
any-other claim or claims brought against the insured or
the insuring company.
(4) The policy shall be subject to approval by the
city attorney as to form and execution and shall be
issued by companies who are duly licensed to do business
in the State of Minnesota. The policy, when approved,
shall be deposited with the city clerk.
Subdivision 10. Revocation and Suspension of License.
The license may be revoked, suspended or not renewed by
the city manager upon a showing that the licensee, its
owners, managers, employees or agents have engaged in
any of the following conduct:
{1) Fraud, deception or misrepresentation in
connection with the securing of the license.
(2) Habitual drunkeness or intemperance in the use
of drugs including, but not limited to, the use of drugs
defined in either 26 USC S 4731 or Minnesota Statutes,
Section 618.01, barbiturates, hallucinogenic drugs,
amphetamines, benzedrine, dexedrine, or other sedatives,
depressants, stimulants, or tranquilizers.
(3) Conduct inimical to the interests of the public
health, safety, welfare or morals.
(4) Engaging in conduct involving moral turpitude.
(5) Failure to fully comply with the requirements
of Subdivisions 7 and 8 of this section.
(6) Conviction of an offense involving moral turp-
itude by any court of competent jurisdiction.
(7) Engaging in any conduct which would constitute
grounds-for refusal to issue a license under Subdivision =~
6 of this section.
(8) Failure to keep the insurance required by
Subdivision 9 of this. section in full force and effect.
The licensee may appeal such suspension, revocation, or
non-renewal to the city council. The council shall
consider the appeal at the next regularly scheduled
council meeting on or after 10 days from service of the
notice of appeal upon the City Clerk by the certificate
holder. Hearing on the appeal shall be open to the public
and the licensee shall have the right to appear and be
represented by legal counsel and to offer evidence in
behalf of certification. At the conclusion of the
hearing the council may order:
(1) The revocation, suspension or non-renewal of
the license.
(2) That the revocation, suspension or non-renewal
by the city manager be lifted and that the certificate
be returned to the certificate holder.
(3) The city council may base either suspension or
issuance of the certificate upon any additional terms,
conditions and stipulations which they may in their sole
discretion impose.
Subdivision 11. Every person who commits or attempts
to commit, conspires to commit, or aids or abets in the
commission of, any act constituting a violation of this
ordinance, whether individually or in connection with
one or more other persons or as principal, agent, or
accessory, shall be guilty of such offense, and every
person who falsely, fraudulently, forcibly or willfully
induces, causes, coerces, requires, permits or directs
another to violate any of the provisions of this ordi-
nance, is likewise guilty of such offense."
II. Appendix D, Section 5 of the Ordinance Code of the City of
Richfield establishing fees for various licensed activities
is hereby amended in the following respects:
A. The following new paragraph (11) is inserted after
the existing paragraph (10):
"(11) Public Baths 5.261 1 yr. 1,500
Investigation
Fee 5.261 Actual Cost, 1,500"
Minimum
B. The Current paragraph (11) is hereby renumbered (12). --
Passed by the City Council of the City of Richfield, Minnesota,
this day of 1981.
Donald Priebe, Mayor
ATTEST
Sylvia Bergh, City Clerk
;~i N ~
CITY OF RICHFIELD, MINNESOTA
Off ice of City Manager
Council Letter No. 260
Agenda July 27, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Purchases in Excess of $1,000
Chapter Six, Section 6.05 of the city charter stipulates the
city council must approve the purchase of materials, merchandise,
equipment or construction when the amount exceeds $1,000. There
are five such items on the council agenda of July 27, 1981.
Bomonite Repair
Crosswalks and sidewalks in the L/H/N are constructed of a
material which is requiring repair and replacement. It is the
proposal of Concrete Design Specialities, Inc., the only distribu-
tor and processor of bomonite in the area, to do such repair work
for an estimated cost of $4,050. The work would include street
crosswalk repair and replacement in the vicinity of 66th Street and
Nicollet Avenue, work around the bus shelters and street light con-
trol panels, and patch work as directed by the city staff. The
proposal contemplates a cost of $20 per hour. Because the bomonite
is unique to the community and found only in the L/H/N project area,
funding for this work is proposed to come from special assessments
to adjacent property owners for maintenance in the area. It is
recommended that the city council approve the estimated $4,050
expenditure for bomonite repair and replacement by Concrete Design
Specialties, Inc.
Brochure Paper
The city publishes a brochure four times a year that is de-
livered to each mailing address in the city. The city portion in-
cludes the newsletter and recreation type program information. The
brochure also includes community education information. The Rich-
field School District shares the cost of producing this brochure.
The original purchase prices are paid by the city, and the school
district is billed for its share of the costs. The fall brochure
is scheduled for printing beginning August 17, 1981, with delivery
to residents set for approximately September 8, 1981. Quotations
for paper were obtained from three vendors. For the text paper,
Wilcox Paper Company submitted a quotation of $20.45/M for the
Council Letter No. 260 -2- July 27, 1981
ivory and India text, and $21.50/M for the tan text. Butler Paper
submitted a quote of $18.44/M for all three text colors. Turnquist
Paper Company quoted $19.62/M for the ivory and India text and
$20.50/b1 for the tan text. Although Butler Paper appears to have
the low quotation on the text paper, their price was based on a type
of paper that was not specified and, in the opinion of the staff,
does not offer the quality of paper specified. Therefore, it is
recommended that the city council authorize the purchase through
Turnquist Paper Company of 97,500 sheets 11 x 17 ivory and India
text at $19.62/M for a purchase price of $1,912.95, and 58,500 sheets
11 x 17 tan text at $20.50/M for a purchase price of $1,199.25.
Three quotations were also obtained for cover paper. Wilcox
Paper Company quoted $36.35/M, Butler Paper quoted $33.07/M and
Turnquist Paper Company quoted $34.62/M. Again, the low quotation
from Butler Paper does not meet specifications.
It is recommended that the city council authorize the purchase
through Turnquist Paper Company of 19,500 sheets 11 x 17 fawn cover
paper at $34.62/M for a purchase price of $675.09. The total pur-
chase price of paper for the fall brochure would be $3,787.29.
Cold Mix Asphalt
The city is proceeding this summer with the alley patching
project that is to be specially assessed to the abutting homeowners.
To complete this project, it is estimated that another 100 ton of
cold mix asphalt will be needed. Quotations were received from
Bituminous Roadways at $38.10/ton and from McNamara-Vivant at $25.00/
ton, both delivered prices.
It is recommended that the city council authorize a master
purchase order with DcNamara-Vivant for cold mix asphalt at a deliv-
ered unit price of $25/ton. Although it is difficult to anticipate
the actual amount still needed, the best estimate at present is 100
tons. The master purchase order would authorize as much asphalt as
needed for the alley patching project at the price quoted by McNamara-
Vivant.
Golf Course Spraying Equipment
~'or weed control at the golf course, including such weeds as
clover and dandelion, it is proposed that the city purchase two
'types of mechanical spraying equipment. The first type is low
pressure/high volume and is recommended for use on greens which
require more spray delivered per area with very low pressure. The
second type is high pressure/low volume and is recommended for use
on tees, fairways and roughs which require less volume delivery,
but at higher pressures. The purchase and use of this equipment
would permit a spraying program to be completed with minimal in-
terference to golfing activities.
Quotations for these two pieces of equipment were obtained
from three vendors. For the Type A, the low pressure/high volume
sprayer, R. L. Gould quoted $3,750; Cushman, Inc. quoted $1,855;
and Kromer Company quoted $2,295 for a 1980 model and $2,436 for
Council Letter No. 260 -3- July 27, 1981
a 1981 model. The Cushman quote for a Type A sprayer includes a
poly tank which is much softer and in the opinion of the city
staff, less durable than the Myers model quoted by the other two
vendors. In addition, the city already has one Myrers spray unit
and would have better inventory of parts control by spraying with
the Myers model. The 1980 model quoted by Kromer Company is a new
piece of equipment, not a used piece of equipment, and in the opinion
of the staff, would serve as well as the 1981 model.
Therefore, it is recommended that the city council authorize
the purchase of a 1980 riyers Model VTL Cart Sprayer with Ace Cent-
rifugal pump, 15' three-section stainless steel boom, catchet con-
trol valce, 100' low pressure hose and spray systems heavy duty
hand gun in the amount of $2,295 as quoted by Kromer Company.
For the Type B, high pressure/low volume sprayer, R. L. Gould
quoted $4,900; Cushman, Inc. quoted $6,169, and Kromer Company
quoted $5,889.38. The model quoted by R. L. Gould is a two-tire
assembly compared to the dual wheel or four tire assembly quoted by
Kromer Company. It is the opinion of the staff that, due to the
terrain at the Rich Acres Golf Course, the dual wheel trailer tire
assembly is far superior. It would be the recommendation of the
staff that the city council authorize the purchase of a 1981 Myers
Model VTL25P3GS with PTO drive, including 25 GPM piston pump-800
PSI, dual wheel 2nd trailer assembly, 21' three section stainless
steel boom, hose reel, 100' high pressure hose, remote control
volave, Myers (Model 17582D) hand gun with 2 nozzle head and caster
wheel jack in the amount of $5,889.38 as quoted by Kromer Company.
Total purchase price of the two spray units from Kromer Company
would be $8,184.38.
Cash. Registers
For some time, the city staff has been analyzing and comparing
models of electronic cash registers for potential use in the city's
three liquor stores. The current cash registers in the liquor
stores are quite old, and have recently created major management
problems because of frequent breakdowns and unreliability. In
addition, the cash registers now in the stores are mechanical ones,
which have no ability to maintain any on-going inventory or automatic
price detail. To develop a complete inventory status report, the
cash register tapes must be sent to National Cash Register Company
for conversion onto a magnetic tape which then can be processed
through the city's data processing division. The time delays in-
herent in this conversion from paper to mag tape mean that any in-
ventory data which may be available to the liquor director is always
at least two weeks out of date by the time he receives it.
The state of the art inelectronic cash registers is now such
that those machines are able to maintain, at the store level, an
on-going inventory record, adjusted upward or downward by specific
stock item as sales are made or transfers between stores and de-
liveries are completed. The cash registers are also able to
process sales data in various ways to enable store personnel to
Council Letter No. 2ci0 -4- July 27, 1981
measure the number of customers during any given time period during
the day, to automatically look up and record the price of a stock
item if the stock number is entered into the system, and to identify
when inventory levels reach the reorder point. It is the opinion
of the city staff that all of this information is crucial if the
city is to hope to achieve the liquor operating goals established
by the city council earlier this summer.
Three quotations for electronic cash registers have been
received. One quotation, that submitted by National Cash Register
Company, does not meet specifications. Sweda International sub-
mitted a quotation of $5,490 for the manager's terminal and inventory
memory file, Data Terminal Systems, Inc., submitted a quotation of
$5,836.50 for comparable equipment. Additional costs would be nec-
essary for cable to .l ink the registers to one another-with the Sweda
system. The DTS price quotation represents the total price of the
installed equipment.
Although the Sweda registers are less expensive, it is the
strong recommendation of the staff that the city council authorize
the purchase from Data Terminal Systems, Inc. The major reason
for this recommendation is that DTS has concentrated its business
and programming development in the liquor industry, whereas Sweda
just installed their first registers in a liquor operation late last
month. Because of our interest in maximizing the data available
through the systen-~, I believe it is critical to utilize the programm-
ing experience which DTS has developed in their numerous applications
in other liquor operations. The DTS price is based on a formal bid
solicited through the Hennepin County Cooperative Purchasing Organ-
ization, of which Richfield is a part.
It is proposed at this time to purchase two cash registers
per store. Although there are presently three mechanical cash
registers in each store, the liquor operations director is of the
opinion the increased efficiency of the electronic cash registers
and the fact that the third register is seldom, or never, used
now make it feasible to assume that two registers in each store
will be adequate. However, the bid price on these registers is
good through June 30, 1982, so if it becomes evident, particularly
during the busy holiday season, that a third register is needed at
any of the stores, we can still purchase the same register at the
same price later this year or in early 1982.
It is recommended that the city council authorize the purchase
of six electronic cash registers from Data Terminal Systems, Inc.
in the total amount of $11,853 per store. Funds for this purchase
are available in the individual liquor store budgets for 1981. De-
livery of the registers is anticipated by or before November, 1981.
Res ectfully submitted,
/V D
Karl ~Iollenberger
City Manager
ec: Liquor Operations Director
Community Services Director
Finance Coordinator
#~ 7
CITY OF RICHFIELD, MINNESOTA
Off ice of City Manager
Council Letter No. 259
Agenda July 4, 1981
The Honorable Mayor
and
Members of :the City Council
City of Richfield
Council I~Sembers
Subject: Ordinance Amendment Relating to Sunday
Sale of Intoxicating Liquor at 10:00 a.m.
There is an item on the July 27, 1981 city council agenda
providing for council review of an ordinance amendment which
would extend the authorized period of Sunday liquor sales from
noon to twelve midnight to 10:00 a.m. to twelve midnight. A
copy of the proposed ordinance is attached.
Minnesota Laws 1981, Chapter 368, authorized the exten-
sion of Sunday liquor sales. The Left Guard Corporation, dba
Chi Chis and DTaximillians, expressed an interest to the city
when filing their applications for their 1981 liquor license in
expanding their liquor operations on Sunday, if the legislature
authorized such. This item is placed before the council as a
result of the expressed request of the Left Guard Corporation.
Respectfully submitted,
"~)
Karl Nollenberger
City Manager
KN/ej a
cc: Public Safety Director
AMENDMENT TO CHAPTER XI
SECTION 11.07 OF THE
ORDINANCE CODE OF THE
CITY OF RICI-IFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter XI, Section 11.07 of the Ordinance Code of the City
of Richfield relating to the Sunday sale of intoxicating liquor
is hereby amended by amending Subdivision 1 thereof to read as
follows:
"Subdivision 1. Eligibility. Notwithstanding the other
provisions of the Ordinance Code, establishments to
which on-sale licenses may be issued for the sale of
intoxicating liquor, which are (1) hotels and restaurants
qualified for licenses in Section 11.06 of this Code,
or (2) clubs as defined in Minn.Stat., Section 340.07, ,~~~
which have facilities for serving not less than 30 ~
guests at one time, may serve intoxicate liquors on O,,Q
Sundays between the hours of [12:00] 1 :00 o'clock
[noon] a.m. and 12:00 o'clock midnigh in conjunction
with the serving of food, provided that the establish-
ment is in compliance with the provisions of Minnesota
Statutes 1981, Sections 144.411 to 144.417, the Minnesota
Clean Indoor Air Act."
Passed by the City Council of the City of Richfield, Minnesota
this day of 1981.
Donald Priebe, Mayor
ATTEST:
Sylvia Bergh, City Clerk
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 258
Agenda July 27, 1931
The Honorable i~iayor
and
Members of the City Council
City of Richfield
Council N:embers:
Subject: Ordinance Amendment Relating to Regulating
and Licensing of Certain Gambling Activities
There is an item on the July 27, 1981 city council .agenda
providing for council review of several proposed amendments to
the city's gambling ordinance. A copy of the proposed ordinance
amendrnent is attached.
The changes proposed in this ordinance amendment were auth-
orized by the 1981 T•Zinnesota Legislature. L•iost of the changes are
of a housekeeping nature, and include the following:
1. The addition of pull tabs to regulation through
this ordinance;
2. A provision that raffles may be excluded from the
requirement that gambling devices may only be operated
on premises owned by the licensee;
3. A provision that the person conducting a bingo occasion
may be compensated for such responsibility, and a certain
dollar amount and certain persons actively members of
the sponsoring organization;
4. An increase in the maximum prizes for the operation
of various gambling devices;
5. A provision that the license fee for pull tabs be estab-
lished at $200 per year, and that the license fee for
all four types of gambling be established at $450 per year.
Respectfully submitted,
J
.,
Karl Nollenberger
City ~•ianager
cc: Public Safety Director
AMENDMENT TO CHAPTER V
PART II, SECTION 5.19
AND APPENDIX D OF THE
ORDINANCE CODE OF THE
CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
I. Chapter V, Part II, Section 5.19 of the Ordinance Code of
the City of Richfield relating to the regulation and licensing
of certain types of amusements and recreation is hereby
amended in the following respects:
A. Paragraph (1) of Subdivision 1 thereof is amended to
read:
"(1) The following terms shall have the meanings
given to them by Minnesota Statutes [1978] 1981,
Sections 349.12 to 349.26:
(a) Active member
(b) Bingo
(c) Bingo occasion
(d) Checker
(e) Lawful purpose
(f) Organization
(g) Profit
(h) Bingo manager
(i) Gambling devices
(j) Paddle wheel
(k) Tipboard
(1) Raffle
(m) Pull-tabs "
B. Paragraph (2) of Subdivision 1 is hereby amended to
read:
"(2) As used in this section, the term 'gambling'
shall refer to and be limited to the operation of
paddle wheels, tipboards, pull-tabs and the conduct
of raffles."
C. Paragraph (6) of Subdivision 8 is hereby amended to
read as follows:
"(6) No organization may be licensed to conduct
bingo [or gambling] on any leased premises with-
out a written lease for a term at least equal to
the term of the license sought and in no event for
a term extending less than six months from the
date the license is issued. [In the case of bingo,]
Lease payments shall be at a fixed monthly rate
or rate per bingo occasion, not subject to change
during the term of the lease. No such lease shall
provide that rental payments be based on a percen-
tage of receipts or profits from bingo occasions."
D. Subdivision B is hereby amended by adding the follow-
ing new paragraph (7) to read as follows:
"(7) Gambling devices may only be operated and
raffles only conducted on premises owned or
operated by the licensee, provided, that the cit
may authorize raffles to be conducted by a
licensed organization or premises not owned or
leased by the organization. Absent such author-
ization, no organization may be licensed to con-
duct gambling on any leased premises without a
written lease for a-term at least equal to the
term of the license sought or six months from
the date the license is issued whichever is
greater. Lease payments shall be on a fixed
monthly rate or a rate based upon the period the
premises are actually used for gambling. No
lease shall provide that rental payments be
based on a percentage of receipts or profits
from gambling."
E. Paragraph (2) of Subdivision 9 is hereby amended to read
as follows:
"(2) No compensation shall be paid to any person
in connection with bingo or gambling activities
except [that] as follows:
(a) In the case of bingo, compensation may be
paid to an active member of the organization
or its auxiliary, or the spouse or surviving
spouse of an active member, conducting the
bingo occasion. In the case of bingo only,
a person not an active member of the organi-
zation or its auxiliary, or the spouse or
surviving spouse of an active member may
participate in the conduct of a bingo
occasion by resolution of a majority of the
membership recorded in the approved minutes
of the organization. Non-management assis-
tants who are not active members of the
organization, or the spouse or surviving
spouse of an active member may be hired to
assist members in conducting the bingo
occasion.- Beginning August 1, 1979, com-
pensation shall not exceed $20.00 per bingo
occasion.
(b) No compensation in excess of $25.00 a week
shall be paid in connection with the oper-
ation of a gambling device or the conduct
of a raffle by a licensed organization
except a licensed organization may elect to
pay a percent of raffle ticket sales to non-
profit organizations selling for the licensed
organization. No person who is not an active
member of an organization, or its auxiliary
or the spouse or surviving spouse of an
active member may participate in the organ-
ization's operation of a gambling device or
conduct of a raffle except the licensed
organization may utilize non-member non-profit
organizations in raffle ticket sales."
F. Paragraph 7 of Subdivision 9 is hereby amended to read
as follows:
"(7) Total prizes from the operation of paddle
wheels, pull-tabs and tipboards awarded in a
single day in which they are operated shall not
exceed [$500.00] $1,000.00. Total prizes
resulting from any single spin of a paddle wheel
or from a single seal of a tipboard, each tip-
board limited to a single seal, or from a single
pull-tab shall not exceed [$100.00] $'150.00.. The
total prizes awarded for [both] paddle wheel
pull-tab and tipboard by any organization shall
not exceed [$15,000] $35,000 per [license]
organization."
G. Subdivision 11 thereof is hereby amended to read as
follows:
"Subd. 11. Records. Each organization shall
keep records of its gross receipts, quantity of
free plays, if any, expenses and profits for
each single gathering or occasion. Gross receipts
shall be compared to the checker's record for
the bingo occasion by a person who did not sell
cards for the bingo occasion. All deductions
from gross receipts shall be documented with
receipts or other records indicating the amount,
a description of the purchased item on service
or other reason for the deduction and the name
of the recipient. The distribution of profits
shall be itemized as to payee, amount and date
of payment. Gross receipts from each activity
required to be licensed under this section shall
be segregated from other revenues, including
other activities licensed hereunder, and placed
in a separate account. Each organization shall
maintain separate records of each licensed
operation. [The person who accounts for gross
receipts, expenses, and profits shall not be the
same person who accounts for other revenues of
the organization.] Records required to be kept
by this section and by Minnesota Statutes 1981,
Chapter 349 shall be preserved for at least
three years. Licensees shall make their bingo
and gambling records available to the Public
Safety Department at any reasonable time and
after proper notice."
II. Appendix D, Section 5, Paragraph 3 of the Ordinance Code of
the City of Richfield establishing fees for various licensed
activities is hereby amended in the following respects:
A. The following new subparagraph f is inserted
after the existing subparagraph e:
"f. Pull-tabs - calendar year $200
B. The present subparagraph f is amended to
read as follows:
"[f] g. Annual Licenses. If the licensee is
granted a license for any two gambling activi-
ties other than Bingo (i.e. tipboard, paddle
wheel, pull-tab or raffle), the license fee
shall be $300; [andJ if the licensee receives
an annual license for [all] three types of
gambling, the license fee shall be $400 and
if the licensee receives an annual license for
all four types of gambling, the license fee
shall be
Passed by the City Council of the City of Richfield, Minnesota
this day of 1981
Donald Priebe, Mayor
ATTEST:
Sylvia Bergh, City Clerk
CITY OF RICHFIELD, 1~1INNESOTA
Office of City DZanager
Council Letter I~1o. 257
Agenda July 27, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council T~iembers:
Subject: Ordinance Amendment Relating to Detached
Accessory Buildings, First Reading.
There is an item on the July 27, 1981 city council agenda
providing for council review of a proposed ordinance amendment
relating to detached accessory buildings. A copy of the prop-
osed ordinance amendment is attached.
This ordinance amendment would provide the city staff
with the authority to require certain standards to be met in
the maintenance of detached accessory buildings. Essentially,
the ordinance amendment extends the same maintenance standards
to accessory buildings as are now applicable to main buildings.
The necessity for this ordinance has become evident on several
occasions when the public safety department has sought to enforce
maintenance standards to property owners for garages, storage
buildings, etc., only to find that the lack of spec ifity in the
city code has made it impossible to take firm corrective action
in demanding compliance with certain maintenance standards.
It is recommended that the city council give first reading
approval to the proposecl ordinance amendment.
Respectfully submitted,
Karl Nollenberger
City Nlanarer
KN/eja
cc: Public Safety Director
AMENDMENT TO CHAPTER III,
PART IV, SECTION 3.39 OF
THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter III, Part IV, Section 3.39 of the Ordinance Code of
the City of Richfield relating to the exceptions and modifications
of the provisions of the Code involving land use is amended by
amending Paragraph (1) of Subdivision 3 thereof to read as follows:
"(1) In case an accessory building is attached to the
main building, it shall be made structurally a part of
the main building and shall comply in alI respects with
the requirements of this chapter applicable to the main
building. An accessory building, unless attached to
and made a part of the main building, shall not be
closer than five feet to the main building, except as
otherwise provided in this section. Detached accessory
buildings shall comply with the following additional
rea iu cements:
(a) Every foundation, floor, wall, ceiling and roof shall
be reasonably watertight, weathertight, rodent proof and
shall be kept in good repair, including external appear-
ance. -
(b) Every window, exterior door and basement hatchway
shall be reasonably watertight, weathertight and rodent
proof and shall be kept in sound working condition and
stood repair. "
Passed by the City Council of the City of Richfield, Minnesota
this day of 1981.
Donald Priebe, P~ayor
ATTEST
Sylvia Bergh, City Clerk
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 256
Agenda July 27, 1981
The Honorable Mayor n /
and \ , J
Members of the City Council ~°
City of Richffield \ C~
Council Members: \~
Subject: Temporary On-Sale Non-Intoxicating Malt Liquor
Beverage License and License for Sale and Con-
sumption of Beer in Augsburg Park
The city has received an application from the 37th District
DFL to permit the sale and consumption of beer in Augsburg Park
from 12:00 noon to 4:30 p.m. on Sunday, August 2, 1981. The
applicant has arranged for a fund raising activity which will
include a picnic and softball game. Additionally, the applie-ant
has already made arrangements for rental of the Community Center
to utilize kitchen and dining facilities.
Under terms of the city ordinance provisions which allow for
the sale and consumption of beer in city parks, an applicant must
hold a currently valid license issued by the city authorizing the
sale of the type of beer to be sold at the activity or event for
which the permit has been sought. Since the applicant does not
currently have an on-sale non-intoxicating malt liquor license, it
will be necessary for the city council, if they choose to approve
the license request, to issue a non-intoxicating malt liquor license
to this organization. While there is no provision in the licensing
code to issue such license on a daily basis, the council could take
action to issue the applicant a regular annual license, with the
condition that it be utilized only on the date requested for the
fund raising activity. Normally, the license fee would be $200 on
an annual basis for this type of license. However, since the license
will only be utilized for a portion of a single day, the applicant
would like council consideration for a waiver of the fee involved.
The applicant will pay the fee for the license for sale and consum-
ption of beer in a city par}c, as well as providing the necessary
clean-up deposit that may be required by the city.
The Public Safety Department has reviewed the license request
and finds no basis for the denial of these applications. Addition-
ally, the Public Safety Department does not feel that for this par-
ticular activity any additional conditions need be placed on the
licenses granted by the city council with regard to the applicant's
request in this matter.
Respectfully submitted,
Karl P~;ollenberger
City Manager
~~
4.17 SALE AND CONSUMPTION OF BEER IN PARKS
Subdivision 1. Definitions. The following terms shall have the meanings
described herein:
(1) "Sale" means all means of furnishing and includes but is not limited
to the furnishing for money or other consideration.
(2) "Beer" means any beverage which is produced wholly or in part from
the brewing of any grains or malt or malt substitute and containing more than
one-half of one percent alcohol by volume.
(3) "Organization" means any entity having religious, veteran, charitable
or business activities as its principal purpose and which qualifies in all
respects for the issuance of a license to sell the type of beer to be furnished
at the activity or event for which the permit is being sought.
Subd. 2. Sale and Consumption Prohibited. Except as permitted by this section,
the sale or consumption of alcoholic beverages is prohibited in the public parks
of the city.
Subd. 3. Permit. Any organization desiring to sell beer in Taft or Augsburg
Park may apply for a permit to do so. Such application shall be made upon forms
furnished by the city clerk for that purpose.
Sind. 4. Application. The application shall contain the following information
togethe with any additional information requested by the city:
(1) Full name and address of the organization.
(2) A brief statement of the organization's purposes and activities.
(3) The length of time the organization has been in existence.
(4) The number of active members.
(5) A brief description of the event or activity for which the permit is
being requested.
(6) The park proposed to be used for the activity including any facilities
in the park which will be used.
(7) The dates and times for cahich the permit is requested.
(8) The anticipated number of participants.
(9) The person or persons from the organization who will be in responsible
charge of the event or activity and of the sale of beer.
The application shall be made to the city manager who may refer the application
to such departments as he deems advisable for review. The city manager shall
then make his recommendation to the city council which may grant or deny the
permit.
Subd. 5. Permit Fee. The fee shall be as provided in Appendix D of this Code
and shall be paid in full at the time of application.
Subd. 6, Bond. The council may require, as a condition of issuance of the
permit, an indemnity bond holding the city harmless from liability of any kind
or character and reimbursing the city for any property damage or clean-up costs.
The council may also require, in addition to or in lieu of suctl bond, that the
organization furnish proof of insurance adequately covering all such actions,
claims or costs, and may require that the city be made an additional insured.
(Bill 1980-13) 6/9/80
~,
6/9/80
ORDINANCE CODE 124.6 CITY OF RICHFIELD, MIN(Vi=B'~? IA
Subd. 7. Conditions of Issuance. Organization Permits may be issued only to
organizations which qualify in all respects with the following criteria:
(1) Is located in the City of Richfield.
(2) Has been in continuous existence for a period of at least 3 years.
(3) Has at least 20 active members.
(4) Has established to the satisfaction of the city that the proposed
event or activity will be controlled in such a way as not to constitute a
hazard to or a source of nuisance or annoyance to other persons in the park
or on adjacent property.
(5) Has designated persons in responsible charge who are free of convictions
for offenses relating to the fitness of such persons to perform their duties.
(6) H'as a currently valid license issued by the city authorizing the sale of
the type of beer to be sold at the activity or event for which the permit is being
sought. Currently valid licenses previously granted to the organization allowing
such sale at a different location within the city will satisfy this requirement
provided that the insurance and bond required under such license cover the sale
of beer in a public park.
(7) Executes a written agreement in form acceptable to the city releasing
the city from any claim by the organization and holding the city harmless from
any claims by others arising out of our occasioned by cancellation of the permit
pursuant to subdivisions 9 and 10 of this section.
Subd, 8. Conditions on Permitted Activity. The following conditions apply to
the activity:
(1) Sale and consumption is limited to the dates and times specified by the
council in the permit. (Bill 1981-8) 5/11/81
(2) The sale and consumption of beer is not allowed in streets or parking
areas adjacent to the park, The council may further limit the areas within the
park where beer may be sold or consumed.
(3) The sale of beer to and consumption of beer by individuals who are for-
bidden by any statute or ordinance from purchasing or consuming such beverage is
not allowed under the permit. Tfie council may further limit the sale or consump-
tion to be allowed under the permit.
(4) Alcoholic beverages other than the beer sold by the organization holding
the permit may not be consumed in the park.
(5) The event or activity must be conducted and controlled in such a manner
as not to constitute a hazard to or a source of nuisance or annoyance to other
persons in the park or on adjacent property.
(6) All rubbish, trash and debris shall be removed from the park and disposed
of by the organization promptly at the conclusion of the event or activity, The
organization shall be responsible for all clean-up expenses.
(7) The sale to each customer at any one time may not exceed 16 ounces of
beer.
(8) A police officer or officers, as determined by the council, would be in
attendance at the permit site at the expense of the applicant at all times and
while beer is being sold. (Bill 1980-13) 6/9/80
"?.':
5/11/81
ORDINANCE CODE 124. ~ CITY OF RICHFIELD, MINNESO fA
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CITY OF RICHFIELD, t4IIQNESOTA
Office of City P•ianager
Council Letter No. 255
Agenda July 27, 1981
The Honorable i~iayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Resolution Setting Date of Hearing for
Issuance of Tax Exempt Bonds, Walser Buick
Walser Buick, Inc. is requesting that the city issue In-
dustrial Development Revenue (ID R) bonds to finance the pur-
r_hase, expansion, and remodeling of the existing Shell Oil
Station at 7745 Penn Avenue. The remodeled structure would be
used as an import car sales facility. The anticipated amount
of the requested bond issue is $575,000.
The first step in the city IDR bond approval process is
to schedule a public hearing. It is reconunended that the city
council adopt the attached resolution, setting a public hearing
on this matter for August 24, 1981 at 7:00 p.m. Following that
hearing, the council will have to consider a resolution which
would indicate preliminary approval of the tax-exempt financing
plan.
In a related matter, 6Valser Buick has applied for the special
use permit and variance which are necessary to allow the proposed
expansion, remodeling and use of the site as a car sales lot.
Those requests are scheduled to be considered by the Planning
Commission on July 28,1931, and by the City Council at their
August 10, 1981 council meeting.
Respectfully submitted,
1~a.~Lhl~~~._~~_ t" ~~_ `1
Karl Nollenberger
City T•ianager
KP1/ e j a
RESOLUTION N0.
RESOLUTION CALLING A PUBLIC HEARING
ON A PROPOSED PROJECT UNDER THE
MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT
WHEREAS, R. J. Walser, an individual residing in Hennepin
County, (the "Applicant") has proposed that the City undertake
and finance a project under the Municipal Industrial Development
Act, Minnesota Statutes, Chapter 474 (the "Act"); and
WHEREAS, the Act, as amended, requires that a public hearing
on the proposed project be conducted by the Council before any
action may be taken by it relative to the proposed project:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield:
1. The Council shall meet at 7:30 p.m, on Monday, August
24, 1981 to conduct a public hearing on the proposed
project requested by the Applicant and to take whatever
action in relation thereto as it deems appropriate.
2. The City Clerk is aut
notice of the hearing
Exhibit A once in the
the Minneapolis Star,
tion in the City, not
24, 1981.
~orized and directed to publish
in the form attached hereto as
official newspaper and once in
a newspaper of general circula-
less than 15 days prior to August
Adopted by the City Council of the City of Richfield this
27th day of July, 1981.
ATTEST:
Donald J. Priebe, Mayor
Sylvia K. Bergh, City Clerk
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 254
Agenda July 27, 1981
The Honorable Mayor
and
Members of the City Council
City of. Richfield
Council I~iembers
Subject: Transitory Ordinance Providing for the Vaca-
tion of a Portion of Aldrich Avenue
At the June 22, 1981 city council meeting, the city council
gave first reading approval to a transitory ordinance which
would vacate a portion of Aldrich Avenue adjacent to the Lyndale
Garden Center. This street vacation is necessary to facilitate
the redevelopment of the Garden Center property.
It is recommended that the city council hold the required
public hearing on this street vacation at the July 27, 1981 city
council meeting. At the close of the hearing, it is recommended
that the council give second reading approval to the attached
ordinance, carrying out the street vacation.
Respectfully submitted,
_.
Karl Nollenberger ~~
City P~~anager ~
~ s~
KN/eja `~`.~ <~~
cc: Community Development Director
Community Services Director
City ~;ngineer
City Clerk
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TRANSITORY ORDINANCE NO.
-~ AN ORDINANCE PROVIDING
FOR TILE VACATION OF A PUBLIC STREET
CITY OF RICHFIELD DOES ORDAIN:
Section 1. The following portion of Aldrich Avenue South
is hereby vacated:
That portion of Aldrich Avenue South lying between the southerly
line of the following described parcel:
"That part of Government Lot 3, Section 28,
Township 28, Range 24, beginning at a point
on the East line of said lot distant South
1176.3 feet from the Northeast corner thereof;
thence North on said East line 45 feet; thence
South 82 West in a straight line to the
shore or logo water line of Grass Lake; thence
Southeasterly alo~.zg said shore line or low water
line to a point thereon intersected by a line
340 feet long more or less drawn South 82°
West from the point of beginning to said low
water line; thence North 82° Fast along a line
so drawn 340_ feet more or less to said point of
beginning."
and the following described line and its Westerly extension across
Aldrich Avenue South:
"Commencing at a point on the East line of
Government Lot 3, Section 28, Township 28,
Range 24, distant 1131.3 feet South from the
Northeast corner of said Government Lot 3;
thence on an assumed bearing of North along
said East line a distance of 70.36 feet; thence
West at a right angle a distance of 176.5 feet;
thence north at a right angle a distance of
16.00 feet to the actual point of beginning of
the line to be described; thence West at a right
angle a distance of 123.5 feet to the Southerly
extension of the t^?est line of Block 1, "RAY'S
LYDINHURST 2ND ADDITION. "
Section 2. Easements shall be maintained for all utilities
currently in place within the portion of street to the vacated.
Section 3. The Mayor and City Manager are authorized to take
such action as is required to give effect to vacation of the public
right-of-way as provided in the foregoing section 1.
Passed by the City Council of the City of Richfield, Minnesota
this day of 1981.
Donald J. Prie[:e, ~:a}'or
a
i~TTEST
Sylvia K. IIergh, City Clerk
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
The Honorable T~layor
and
Members of the City Council
City of Richfield
Council Members:
Council Letter No. 253
Agenda July 27, 1981
Subject: Request for Variance, 6216 Pillsbury Avenue
On July 13, 1981, the city council considered a request from
the Richfield HRA for variances to reduce the minimum lot area
requirements from 8,000 square feet to 6,075 square feet, and to
reduce the minimum lot width requirement from 75 feet to 45 feet,
for the property located at 6216 Pillsbury Avenue. These variances
are requested to permit construction of a single family dwelling
on that site. At the July 13, 1981 meeting, the council deferred
final action on the variances to await written confirmation from
the State of Minnesota that they will sell the HRA an additional
five feet of right-of-way, thus making the lot 50 feet wide in-
stead of 45 feet wide. Attached is a copy of the letter received
from the state confirming that, subject to federal approval, they
will sell the HRA the additional five feet requested. The Federal
Highway Administration's initial reaction to the proposed sale
was that it should not pose any problems.
It is reconunended that the city council approve a variance to
reduce the minimum lot area from 8,000 square feet to 6,750 square
feet and to reduce the minimum lot width from 75 feet to
50 feet, for the property at 6216 Pillsbury Avenue.
Respectfully submitted
1
. ,! ; `
Karl Nollenberger
City Manager
KN/eja ''
cc: Community Development Director
City Planner
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July 17, 1981
Dir. IIrucc ::ordquist
City of Richfield
6700 Portland Av^nue
Richfield, :Minnesota
Minnesota Department of Transportation
Transportation Building,
Room 511
St. Paul, MN 55155
Phone 296-8566
55423
In reply refer to: 360
S.P. 2782 (35:J=394) 915
Hennepin County
Parcels 21 and 38A
Sale of ~xccss Right of i•7ay
Dear Dir. :~ordquist:
Your letter of June 2, 1981 asked that the size of one tract to be sold be
increased by S feet znd that the value of both sites be lowered because of old
foundation material which might be present from the former homes on these sites.
We have na.~ received confirmation from our District Office in Golden Valley that
the tract in Lot 5, clock 4 Betchers Addition to Richfield may be increased
to a 50 foot wid th. From the enclosed legal description you will see that the
south 45 feet of this Lot was acquired as "excess" right of way and given
Certificate of title ::o. 329631. However, the remainder of the lot was to
remain per^anent right of way and therefore was given Certificate of Title No.
329632. Since 5 feet of the subject tract was purchased with 90~ federal funds
we now :rust secure tt:e approval of the Federal Highway Administration for the
sale and appraised value of the S foot strip. The State will not issue a
Quit Clain Decd to tt:e City until this approval is received from the Federal
Highway ~+d:ninistration.
The value:, of tt:e t•.ro sites was discussed with our appraisal staff, and the
State's values were arrived at with the kno~aledge that the old foundation
material was still on the sites. Therefore we will not be adjusting the price
on either site.
After you have reviewed the enclosed legal description and discussed this sale
with the planning co::.•ni~sion please direct the City's reply and payments
two separate CtiCCK.i :"ade payable to "Commissioner of Transportation - Trunk Highway
F'und' to ?:r. ri~~n duck, I:oom 509 at the above address.
Sincerely,
/1a ~j v ~ ~•an..
i4. ?S. Swanson, ,',c<Iui~ition Engineer
Office of Ri~3ht of l:av
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 252
Agenda July 27, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Award of Contract for Aldrich Avenue Cul-
de-sac Construction, CP 768
On Monday, June 29, 1931, bids were opened for the construction
of the Aldrich Avenue cul-de-sac, city project No. 768. The Admin-
istrative Services Director, Community Development Director, city
engineer, and the city clerk were present at the bid opening. The
bid minutes and tabulations are attached to this council letter
for council review.
On July 13, 1981, the council deferred award of the contract be-
cause of concerns about the ability of large vehicles, such as
snowplowing vehicles, to plow or turn around in the cul-de-sac area.
There are currently several other cul-de-sacs in the city of about
the same radius. The cul-de-sacs on Blaisdell and Wentworth Avenues
between 64th and 65th Streets have a 29-foot radius. The cul-de-sac
on 71 1/2 Street by Upton Avenue has a 28-foot radius. The city
maintains a 60-foot right-of-way on Aldrich Avenue. The new cul-
de~sac construction is planned for a 28-foot radius, which can be
accomplished without any additional right-of-way acquisition. Snow-
plowing of this cul-de-sac would pose no problems, since the exist-
ing cul-de-sacs of this size are already being plowed with existing
equipment. Therefore, the staff recommends that the cul-de-sac be
constructed as specified.
Five bids for this construction were received. These bids have
been reviewed by the city staff and it is recommended that the city
council take the following actions:
1. Accept the bid minutes and tabulations
2. Award a contract to Northwest Asphalt, Inc. of
Shakopee, NiN for the Aldrich Avenue cul-de-sac
construction and appurtenant work, in the amount
of $11 ,181 .95.
Respectfully submitted,
~...~±!. ~,1., .~ ~,
Rarl ~~~ollenberger
City ~,anager
cc: Community Development Director
Community Services Director
4
CITY OF RICHFIELD
Bid Opening
June 29, 1981
Cul-de-sac Construction
City Project No. 768
Pursuant to requirements of Resolution No. 1015, a meeting of
the Administrative Staff was called by City Clerk, Sylvia Bergh,
who announced that the purpose of the meeting was to receive,
open and read aloud, sealed bids for Cul-de-sac Construction
as advertised in the official newspaper on June l7.and 24, 1981.
Present: Joyce L. Wilde, Assistant City Manager
Dennis Kraft, Community Development Director
Michael Eastling, City Engineer
Sylvia K. Bergh, City Clerk
The follow~_ng bids were submitted and read aloud:
BIDDER AND BID SECURITY TOTAL BID
Northwest Asphalt, Inc.
B.B. 5% $11,181.95
Asphalt Paving Materials, Inc.
B.B. 50 14,761.20
Barber Construction
B.B. 5a 15,582.00
Hardrives, Inc.
B.B. 50 16,252.00
H. L. Johnson & Co.
B.B. 5a 18,568.18
The City Clerk announced that the bids would be tabulated and
considered at the regular city council meeting of July 13, 1981.
Sylvia K. Bergh City Cler
i
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND A6VARDING CONTRACT TO
NORTHWEST ASPHALT, INC. FOR
CUL-DE-SAC CONSTRUCTION, CP 768
WHEREAS, pursuant to an advertisement for bids for the
improvement of the Aldrich Avenue cul-de-sac, bids were received,
opened, and tabulated according to law; and
WHEREAS, it appears that Northwest Asphalt, Inc. of Shakopee,
Minnesota is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the city. council of the
City of Richfield, Minnesota:
1. That the bid of Northwest Asphalt, Inc. for the
construction of the above referenced project with an
estimated construction cost of $11,181.95 is hereby
accepted.
2. The mayor and clerk are hereby authorized and directed
to enter into a contract with Northwest Asphalt, Inc.
of Shakopee, Minnesota in the name of the City of
Richfield for such improvement according to plans and
specifications therefore approved by the city council.
3. The city clerk is hereby authorized and directed to
return forthwith to all bidders the deposits made with
their bids, except that the deposits of the successful
bidder and the next lowest bidder shall be retained
until a contract has been signed.
Adopted by the city council this 27th day of July, 1981.
Donald J. Priebe, Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
~~
~.~ yv
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 251
Agenda July 27, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Release of Bond for Off-Street Parking.
Contract, 7715 Fourth Avenue
On September 12, 1978, the city council authorized execution
of an off-street parking contract with Lamont-tankard, in con-
junction with a beauty salon business located at 7715 Fourth Avenue.
An inspection of the site by the city staff indicates that the
owner has complied with all terms of the off-street parking agree-
ment. Therefore, it is recommended that the city council adopt
the attached resolution, authorizing release of the performance
bond for this off-street parking contract.
Respectfully submitted,
. .,
~,
Karl Nollenberger
City Manager
KN/eja
cc: City Engineer
RESOLUTION NO.
RESOLUTION RELATING TO RELEASE OF BOND
ON OFF-STREET PARKING
Lamont Jankard
7715 Fourth Avenue South
Location: Same as Above
Use: Beauty Salon
WHEREAS, Lamont Jankard, 7715 Fourth Avenue, Richfield,
Minnesota, had an off-street parking agreement with the City of
Richfield relating to 7715 Fourth Avenue, which contract bears the
designation of Contract No. 2274 and which contract was guaranteed
by a bond in the amount of Two Thousand Dollars ($2,000), and
WHEREAS, said Lamont Jankard has substantially complied with
the provisions of said agreement and now seeks to be relieved of
any further obligation under said bond, and
WHEREAS, there appears to be no justification for requiring
said Lamont Jankard to continue to provide a bond for security on
the performance of said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota, as follows:
That the City Manager is hereby authorized and directed to
release Lamont Jankard for any and all acts committed or incurred
in violation of said Contract No. 2274, on and after the 27th day
of July, 1981.
Adopted by the City Council of the City of Richfield this
27th day of July, 1981.
Donald J. Priebe, Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
~y
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 250
Agenda July 27, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Agreement for Consulting Services, Legion
Lake/West/East/Middle School Feasibility Studies
In accordance with previous city council authorization, the
city staff has recently conducted interviews with consultants
qualified to assist in undertaking a feasibility study related to
housing and. .recreation opportunities at Legion Lake and the East
or West Middle School.
It is important to find a consulting firm qualified to do re-
search in all of the many facets of this study. The work would in-
clude site evaluation from several standpoints including land space
available, utilization of existing structures, transportation access-
ibility, utility services, and demographics. A market analysis of the
need or demand for both recreation and Yiousing facilities would be
examined. Cost/revenue projections regarding various land use
options would need to be performed. Included in this phase would be
an evaluation of potential funding and revenue resources against
the potential level of funding required. Finally, presentation of
the results would include a "concept plan", discussing the implica-
tions of alternative activities and developments. It is important
that a feasibility consultant be selected at this time so that the
study can be completed for review in coordination with the long range
Capital Improvement Program.
Setter, Leach and Lindstrom, Inc. is the firm being proposed
to conduct the feasibility study. Setter, Leach and Lindstrom is
a diverse, 100 employee, design and planning firm, headquartered
in Minneapolis. Since 1917, the professi_~nal staff has delivered
a comprehensive range of services to clients in commercial, indus-
trial, medical institutional and governmental markets nationwide.
It is recommended that the city council approve the selection
of this firm and authorize the city manager to prepare an agreement
with Setter, Leach and Lindstrom, Inc. for the purposes of provid-
ing services related to a housing and recreation feasibility study
for Legion Lake and East Middle School or West Middle School. The
Council Letter No. 250 -2- July 27, 1981
proposal submitted by Setter, Leach and Lindstrom involves a $9,375
fee for the site evaluation, market analysis, cost/revenue anal-
ysis and presentation of results. It is anticipated that the work
of the study would be completed by September, 1981.
Respectfully submitted,
. f .._ ~-
.J
Karl Nollenberger
City Manager
KN/ e j a
cc: Community Development Director
Community Services Director
Finance Coordinator
~~
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 249
Agenda July 27, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Agreement for Architectural Services,
Monroe/Fairwood Park Complex
In the fall of 1980, the city council authorized the staff
to proceed with planning for major redevelopment of the Monroe/
Fairwood Park complex. At that time, the council authorized
Brauer and Associates as site planners for the project. However,
because of many questions related to the Monroe/Fairwood project,
it was difficult to arrive at an agreement for architectural ser-
vices for the project. Typically, an architectural fee will be
based on a percentage of the cost of construction for a building.
The firm of Adkins Association, Inc. has been attending neighbor-
hood meetings and has been involved in the park planning process
to date. On Wednesday, July 15, 1981, a final meeting was held
with park neighbors, at which time accord t~2 neighborhood
reached accord on the concept design of the park complex.
It is recommended that the city council authorize the Mayor
and the City Manager to execute a contract with the Adkins Associ-
ation, Inc. for architectural services for the Monroe/Fairwood Park
complex. The lump sum fee of $9,400 for architectural services
would include, but not be limited to, schematic design, design
development, construction .documents, bidding, construction and
construction observation, as well as meetings with the neighborhood,
the park and recreation commission, and the city council.
Respectfully submitted,
,~1 ^
Karl Nollenberger
City Manager
KN/eja
cc: Community Services Director
Finance Coordinator
~ //
CITY OF RICHFIELD, MINPdESOTA
Office of C ity Dlanager
Council Letter No. 248
Agenda July 27, 1981
The Honorable Mayor
and
Members of the City Council
City of Richf field
Council Members:
Subject: Appointment to Human Rights Commission
The Human Rights Commission 'has had a vacancy for a youth
position since the graduation of Steve Sable from high school
this spring. Youth members are appointed for one-year terms and
are eligible to serve only while they are still in high school.
Attached to this council letter is a copy of an application
received from Thomas Johnson, a Richfield High School student who
has expressed an interest in being appointed to the commission.
This item has been placed on the July 27, 1981 city council agenda
for council action.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
:J-jte July 7, 1981
.~~t.'7~t"-•.=~~' "` 1VT ,LIm.,-~ E ~~ --ter Fa,`,r ,I~` ~• 7pi -r\
NAME Johnson Thomas Christopher
La S t __ __ ~. - .~ _ _ .-
HOI~~IE A DDRE~S 6926 Grand AvP _ Sn _ Ri rhfi P1 d ~542~
I~IAILINC . D%E'SS ~i ~.~_` gent .. ~,;. ....... ~ ~~:..._~_~.
tsame~ _
FI-IC~:E: ?~~~?e $66-6RQ2 - ws.~
aPPCINTI'.tEI~IT :~REF~?E~CE.
PiaL:?-.ir.q Cer:r~issi~ --'~~ _--- J ..:._ ~ ~~~....i~. ~~ _ X_
Park and RecreaClO^, ~~u`J1SJrV i~C1;:,,, ~:.._ 1~'r._~:. ........ _~ ~__ Y
Senior %1tLZer1 ~c I~arlutCapp~d ..,aV1S:. ,~i_ir::' `,_ _:?-'.11.
Advisor°-' C.~,;~misslon _._~._
ilrieilV u1SC;.SS aS~eC~S O~ y0'.~r L::~°,'ic.,.~:, ..,_iC.. _ ~U ..''i:._ :? _ .-.!.-. .- ~:' _..LS
ir1L'rilC1~aI CO~;~!:i1SS1C:t ~..~l~;i~~i_r'~? :11Q :b'l":`,' ~.. ~r2 .._r::"_~_~~. ... ~~°f"'.'..__.,
I feel that through my experience with working with many different
types of people, in school and my place of employment, I feel that I can
understand and relate to people and their certain Human Rights that peo-
ple are entitled to having, I feel that this appointment 1~~ould he ~a very
educational way for me to learn more about people and the city government.
CIVIC, FRCFrS.~IC~-r ,~~:, _,,_~,~~,,.~~~`"._ `~ ._.:_
._. :'vii; :t: ~_.~..:~i .l; ,~~i.• ~i,J:
I have recieved the "Hugh O'Brian Youth Leadership Award" and attended the
Minnesota State ~"outh Leadership Seminar. I am involved in baseball, Hockey,
and golf. I am also active in School Government.
OCCLTPAT:ON~
Employing .firm, agency. City Hail (licensina Dept.)
Address 6700 Portland
Position ~/Gf!-~S/~u~1 _~/~,`~- ~_,rs .. __... 3:~~,_,~
Other work exper.ence ;Oai0.^ia1)
REFERc?~CES (Optional)
1 month
A. Steve Sah7e ~%~L'=;-`'~ c"o~~r .a-~~~-,4~-~i~~~.~e.
Fu11 na4<<,e ~!ati~n;L
Mailing ad tress ~%.~-;~ ..~..nu~r
B._Sq~lvia K. Bergh Fmplo.yer (city clerk)
Full name ;:~iat~~r;ship
X700 Portland 869-7521
Ivlailinc address : nor:e r:~.:m"~(~r
C. Rir.hard Maas <~'SG'v '~~~~~~~~ ~'~~-'h~ss'i~,~_ Principle (Richfield High)
Full name ~eiati:.~i,s~ip
70th Harriet
Mailing address P't~-ne nu~;ber
stidtes..-~ ;c?9:.~