09-25-78 agendaCITY OF RICHFIELD, MINNESOTA
Office of City Manager.
Council Letter No. 286
Agenda September 25, 1978
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Proposed Wine Licensing Ordinance
At the July 24, 1978 city council meeting, the city council
deferred consideration of a proposed wine licensing ordinance to
September. At that meeting, the council asked city staff to re-
view several additional provisions and incorporate these provis-
ions into the proposed wine licensing ordinance where possible.
The additional items which the city.council suggested for'inclus-
ion in the proposed ordinance were:
1. A provision that serving of wine be restricted to
tables which are also used for serving of food;
2. A restriction that no party may purchase wine in
a licensed establishment without also purchasing
food;
3. A provision that the amount.of wine which may be
served be limited;
4. A provision that the hours during which wine may
be served be restricted.
The city council also had previously indicated a desire'to consider
including a minimum square footage requirement in the ordinance.
Attached to this council letter is a copy of a proposed wine
licensing ordinance which has been prepared by the city attorney.
This proposed ordinance addresses each of the additional pro-
visions requested by the city council. Subdivision 15 limits wine
sales to the hours from 11:30 a.m. to 10:00 p.m. Subdivision 17
provides that wine be served only at tables that are also used
for serving of food, and that wine sales be restricted to sales
accompanying food orders. This subdivision also limits the max-
imum size of wine sold in containers to one liter, and provides
that no wine may be removed from the premises of a licensed estab-
lishment.
The proposed ordinance establishes the annual license fee for
a wine license at $2,000. The city attorney's office has amended
the provision relating to the license year to provide that each
license issued under the ordinance would expire one year from the
Council Letter No. 286 -2- September 25, 1978
date of issue. The proposed ordinance does not include a require -
ment for minimum square feet, nor does it include a limit on the
number of wine licenses which might be issued by the city.
Section 11.08; subdivision 1 (3) on page 1 of the proposed
ordinance provides that a minimum square foot or minimum market
value could be inserted if the council desires. Subdivision 2 of
the same section, on page 2 of the proposed ordinance, provides
for the city council to establish a maximum number of on -sale'
wine licenses which may be issued.
Earlier this year, council members were provided with survey
information on wine licensing ordiances in other municipalities.
In summary, the findings of the survey were as follows:
1. State law requires minimum seating requirements of
25 seats. In a few instances other municipalities
have adopted requirements slightly in excess of this
minimum figure.
2. No other city includes a minimum square footage
requirement in their ordinance.
3. No other'city includes a provision relating to
minimum market value in their ordinance.
4. No other city includes the additional four restrictions
described'in this letter in their ordinance.
If the council wishes to provide for issuance of on -sale wine
licenses, it could act to give first reading consideration to this
ordinance at the September 25, 1978 city council meeting.
Respectfully submitted,
ayne ��`1S . Burggraaf f
City Manager
WSB /eja
cc: Public Safety Director
City Attorney
AMENDMENT TO CHAPTER XI AND APPENDIX D
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
City of Richfield does ordain:
1. Chapter XI of the Ordinance Code of the City of
Richfield relating to liquor and intoxicating beverage
control is hereby amended by adding after Section 11.07
therein, the following new Section:
1111.08 ON -SALE WINE
Subdivision 1. Definitions. The following terms
have the meanings ascribed to them in this
section:
(1) The term "wine" means and includes all
vinous.beverages not exceeding 14 percent alcohol
by volume.
- (2) "Sale" and "sell" and ".sold" mean all
barters and all manners of furnishing wine
.including such furnishing in violation or evasion
of law.
.(3) The term "restaurant" means any
establishment under the control of a single
proprietor or manager, having appropriate
facilities to serve meals in one or more dining_
rooms having a total area of at least _
square feet, and where in consideration of pa::
_vent
therefor, meals are regularly served at tables to
the general public, anc ;iL11C h e.- mJloys an aae�,,uate
staff for the usual and suitable service to its
guests and the principal part of the business or
which is the serving of foods_ The area to be
used in computing- such _ sq_uare foot minimum
shall be the gross floor area of the restaurant
including wine. Basement areas, however, shall
not be counted for the purpose of meeting such
square foot mini.mu,-,i requirement.
(4) `t•he tern "on- sale" means the sale of
wine by the glass, or by the drink for consumption
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on the premises only.
(5) "Minor" means any person under the age
of is years.
Subd. 2. License Required. No person, except
wholesalers or manufacturers, to the extent
authorizd under state license, shall directly or
indirectly deal in, sell, or keep for sale ovine
for "on -sale sale without first having received a
license -to do so as provided in this section, or
as provided in section 11.06 of this code.
"On -sale" wine licenses shall be issued only to
restaurants. L`o more than
"on -sale"
licenses may be issued to restaurants.
Subd. 3. Applications for Licenses to be
Verified. Every application zor_an- "on-sale " t
license shall be verified and filed with the city.
y
clerk.
Subd. 4. Contents of Aoplicati.on. In addition to
information 4:i? - c_1 -May Cie r�,C�ut eCi no by the state
liquor control Commissioner, the applicant shall
state:
(1) whether the applicant is a natural
person, corporation, partnership, or other form of
organization.
(2) If the applicant is a natural person,
the following information shall be furnished:
(a) True name, place and date of birth,
and street residence of applicant.
(b) 4ihether applicant has ever used or
been ',<no.in by a name other than his true name,
and, if so, what was such name, or names, ana
information concerning dates and places where
used.
(c) The name of the business if it is
to be conducted under a designation, name or style
other than the full in6ividual name of the
applicant.
(d) ciheth er applicant is married, or
single. place and date of
If married, true nar�� °.
birth and street residence actor. ess of applicant's'
present spouse.
(e) t•:hether applicant and present
it so, where. spouse are registered voters, and ere.
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J
(f) Street addresses at which applicant
and present spouse have lived during the preceding
ten years.
(g) Whether the applicant in the case
of a natural person, or his spouse, or the manager
an all persons holding or possessing an interest
in the business to be licensed have ever_ been
convicted for violation of any lava of the United
States, State of Minnesota, or any other -state or
territory or any municipal ordinance.
(h) Whether applicant or his spouse has
ever been engaged as an employee or in operating a
saloon, hotel, restuarant, cafe, tavern or other
business of a similar nature. If so, applicant
shall furnish information as to the time, place
and length of time.
(i) whether applicant has ever been in
military service. If so, applicant shall, upon
request, exhibit all discharges.'
(j) The name, address and business
address of each person who is engaged in Minnesota
in the business of selling, manufacturing or
-
distributing wine or intoxicating liquor and who
is nearer of kin to the applicant or his spouse
than second cousin, whetner of whole or half
blood, or who is a brother -in -law or sister-in-law
of the applicant or his spouse.
(3) . If the applicant is a parternship, the
naves and- addresses of all partners and all
information concerning each partner as is required
of a single applicant in Paragraph (2) above. A
managing partner, or partners, shall be
designated. The interest of each partner in the
business shall be disclosed. A true copy of the
Partnership agree ^ant shall be subimi.tted with the
ao;Dllcation.
(4) If the applicant is a corporation or
other orgnization and is applying for an "on -sale"
license, the following information shall be
furnished:
(a) The name, anti, if incorporated, the
state of incorporation.
(b) A true cony of the certificte of
incor.00ration, articles of incorporation or-
association agreement and bylaws.
(c) The name of the manager or
me
proprietor or other agent in charge of the
premises to be Licensed, giving all the
information about said person as is required of a
single applicant in Paragraph (2) above.
(d) A list of all natural persons :•who,
singly or together with their spouse, or a parent,
brother, sister or child of either of them, own or
control an interest in said corporation or
association, together with their addresse=s 'anti all
other information required of a single applicant,
in Paragraph (2) above.
(5) The exact legal description of the
premises to be licensed together with a plot plan
of the area showing dimensions, location -of
buildings, street access, parking facilities and
the locations of and distances to the nearest
church building and school grounds.
(o) The floor number and street nurcber
where the "on- sale" sale of wine is to . be
conducted and the rooms where wine is to be
consumed. An applicant for an "on -sale" license
shall submit a floor plan of the dining room, or
` dining rooms, which shall be open to the public,
shall show dimensions and shall indicate the
number of persons intended_ to be served in each of
said rooms.
(%) if a - :ermit from the federal
government is required by the iaws of the United
States, whether or not such permit has been
issued, and, if so requred, in what name .issued,
and the nature of the Dercrit.
(8) The amount of the investment that
the applicant has in the business, building,
premises, premises, fixtures, furniture, stock In trade,
etc., and proof of the source of such Tn.onev.
(9) The names and addresses of all
persons, other than the applicant, who have any
financial interest in the business, buildings,
premises, fixtures, furniture, stock in trade; the
nature of such interest, amount thereof, terms for
payment or other rei,Toursement. This shall
include, but not be limited to, any lessees,
lessors, mortoagees, mor_tgacor.s, lendors, lien
holders, trustees, trustor.s and persons who h -ave
co- signed notes or otherwise loaned, pledged, or
extended security for any indebtedness of the
b-
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application.
(1U) The names, residences and business
addresses of three persons, residents of Hennepin
County, of good moral character, not relater to
the applicant or financially interested in the
premises of business, who may be referred to as to
the applicant's character or in the case where
information is recuired of a Manager, the.
manager's character.
(11) Wheth'ar or not all real estate and
personal property taxes for the pre -raises to be
licensed have been paid and, if not paid, the
years for which delinquent.
(12) t1henever the application: for an
"on- sale" license, or for a transfer thereof, is
for premises either planned or under construction
or undergoing substanti-al alteration, the
application shall be accompanied by a set of
preliminary plans showing tne design of the
proposed premises to tie licensed. If the plans or
design are on file with the city engineer, nc
plans need to be file, with the city cler ;.
(13) Such otae= info+ gat ion as t.e c -:�
council shall rea_uire.
(14) Proof Li.-at L=ee applicant- _ ^. s
complied with all of the procedures required under
the zoning regulations of the city to qualify the
proposed;..licensed premises as an approved
location. The council shall not act urpon an
application for a license until all such
regulations have been co:,:pl ied with and final
approval of site and bu i? d ing plans have been
given by the council.
Subd. J. l`:E'CIitLOn O :��� LCctlOn. Li tlh��
applLcation is by a r:c t`_i.:<i Der:son, by -an Oiticor
thereof; it by a +partnership, by one of the
partners; if by an un itir:OrPlorated assoc. L._t ion, J,'
the manager or mar.rtg in- olf Leer thereof. If tt,e
applicant is a purtn?r`.::iD, and, licore , bon: : and
lnsurar.ce policy LSSLIOd shall bo Ln the na7ticS of
all partners.
SLlbd. n.
t c.- n - aitt
:;1 c,.; t _or..
t1pr_:l ic_.t ic;r.� t;
the rene�i��l
the
ui'�:n
�.:;:�.`L:t't its nse - iI - '_ tie maae
at least
60 ceays
nr for to th'e
CIL:te of 'ho
expiration of the license and shall be made in
., such abbreviated form as the city council may
approve. If, in the judgment of the council, good
and sufficient cause is shown by any applicant for
his failure to file for a renewal within the time
provided, the council may, if the other provisions
of this section are complied with, waive this
requirement and grant the application.
Subd. 7. Accoun.tant's'Statement. At the earliest
practicable time after application is made for a
renewal of an "on- sale" license, and in any event
prior to the time that the application is approved
by the council, the applicant shall file with the
city clerk a statement.made by a certified public
accountant that shows the total gross sales and
the total food sales of the restaurant for the
12 -month period immediately preceding the date for
filing renewal applications.
Subd. 8. License Fee.- The following provisions
control as to license fees and related subjects:
(1) The annual license fee for an on -sale
license shall be as established in Appendix D of
this Code.
(2) At the time of each original application
for a license, one -half the annual license fee
shall be paid when the application is filed and
the remaining balance shall be paid before the
license is issued. At the time of renewal of a
license, the total annual license fee shall be
paid when the application is filed. All licenses
expire one year from the date of issuance. All
fees shall be paid into the general fund of the
city. Upon rejection or withdrawal of any appli-
cation for a license, the license fee shall be
refunded to the applicant except where rejection
or withdrawal is for a willful misstatement in
the-license application.
(3) At the time of each original application
for a license, the applicant shall also pay an
investigating fee as provided in Appendix D of
.s this Code. The investigating fee shall not be
subject to refund. If the expenses of the
investigation relating to an application exceed
the investigating fee paid, the city shall notify
the applicant of this fact and shall require the
applicant to pay an additional investigating fee
as provided in Appendix D of this Code which -he
city manager deems necessary to complete its -
investigation 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 5—day period, the city shall
discontinue consideration of the application.
(4) No Dart of the fee paid for any license
shall be refunded except in accordance with this
section or with city council action.
(5) At any time that an additional
investigation is required because of a change in
the ownership, interest or control of a
partnership or a corporation, the licensee shall
pay an additional investigative fee as provided in
Appendix D of this Code.
Subd. 9. Granting of Licenses. The following
procedure shall be follo:,rea in processing
applications for licenses under this section.
(1) All applications for a license shall be
referred to the public safety director, and to
such other city department as the city manager
shall deem necessary, for verification and
investigation of the facts set forth in the
application. The chief of police shall cause to
be made such investigation of the infor,ita t ion.
requested in Subdivision 4 as shall be Ilecessa= V
and shall make a written recommendation and reoort
to the city council which shall include a list _ of
all violations of federal or state law or
municipal regulations.
- ( 2 ) Upon completion of the manager's
preliminary report and within 20 days thereafter,
the manager may r. ecoi�imend to the council that a
public hearing be held upon the application. Tile
council shall then .instruct the city clerk to
cause to be published in the official newspaper 10
days in advance, a notice of th.e hearing to be
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' held by the city council, setting forth the Gay,
time and place when the hearing will be held, the
name of the applicant, the premises where the
business is to be conducted, and such other
information as the council may direct. At the
hearing opportunity shall be given to any person
to be heard for or against the granting ofrthe
License. After the hearing the council, may either
grant or deny the license. If the license is-
granted, the council may withhold its issuance
until the applicant has qualified in all respects
for the license. If the premises to be licensed
are not complete at the time that the hearing is
conducted the council may grant the License but
shall withhold its issuance until the premises
have been completed in accordance with the
representations made by the applicant. If a
license has been granted but its-issuance has been
withheld _pending completion of the premises to be
licensed, and if the licensee does not proceed
with reasonable dispatch to ready the premmises,
the council may rescind the action granting the
r - License. Such action shall not be taken, however,
without giving the licensee at least eight days'
notice of the time and place of a hearing on the
proposed rescission.
(3). Each license shall be issued to the
applicant only. Each license shall be issued only
for the preinises.described in the application.
(4) The clerk shall, within 10 days after
the issuance of any license under this section,
submit to the liquor control commissioner the full
name and address of each person granted a license,
the trade name, the effective license date, and
the C att. of expiiat Lon of tha license. i e s- n. l
also submit to the liquor control commissioner any
change of address, transfer, cancellation., or
revocation of any license by the council during
the license period.
Subd. 10. Person Ineliqible for License. No
license shall ue granteca to or hela by any person:
(1) Who is ineligible under Minnesota
Statutes, Chun_ ter 344.
(2) Who is a minor.
(3 ) S-;ho is not of good moral character ;nd
7 repute.
(4) V.ho, if an inalvidual, is an alien_
(5) Who, wit. in .i iv e years prior to the
application for such ,icense, has been convicted
of any willful violation of any law of the united
States, the State of iinnesota, or any other state
or territory, or of z:v local ordinance, with
regard to the :aauzactu-: e, sale, CI at- bliL_ . - Or
possession for sale or distribution of
intoxicating liquor or wine, or whose liquor or
wine license has'been revoked for any willful
violation of any such laws or ordinances.
(6) Who is a manufacturer -or wholesaler of
intoxicating liquor.
(7) Who is directly or indirectly interested
in any other esta:lishme -n- in the city to which a
license has been issued under this section or
urger Section 11.06 of this Code. The word
"interested" as used in this paragraph includes
any pecuniary interest-in the ownership,
operation, management or profits of such an
_ es tabs ishnient .
(8) Who, if a corporation, does not have a
r«anager who is eligible pursuant to the provisions
of this section or itiaiose corporate stock is owned
or subject to the beneficial interest of any
person or the spouse of any person inel ig iole for
licensure under paragraphs 2, 3, 4, 5 and 6 of
this subdivision.
(9) Viho is the spouse of a person ineligible
for a license under paragraphs 4, 5 or 6 of this
subdivision and who, in the judgment of the city
council, is not the real party in interest or
beneficial o:.ner of
the
business operated, or to
be operated, under ^e license.
(10) A license ..,u_l not be a_.r. anted or renewed,
if, in the case of an individual, the licensee is
not a resident of thie city at the time of
issuance; if, in the case of a par. tnersh ip; the
managing partner is not a resident of the city at
the time of issuance; or, in the case of a
corporation, if the ana9cr is not a resident of
the city at the tip,° of issuance. Any "on -sale"
license, once issues, sh.11 be effective only as-
long as the licensee, the managing partner, or the
manager, as the case -ay be, remains a resident of
C
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vv
the city.
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Subd. 11. Ineligibility_ for License. Existence
of anv of the toliow.tng concitions render any
applicant ineligible for receipt of a license:
(1) No license shall be granted, or rene,ed.,
for operation on any pre: -ises, on which taxes,
assessments or other-financial claims of the city
or of the state are due, delinquent and dnpaia.
In the event any. action has been commenced
pursuant to the 'provisions. of Minnesota Statutes,
Chapter 278, questioning the amount of validity of
taxes, the city council may, on application by the
licensee, waive strict compliance with this
provision; no waiver may be granted, however, for
.taxes on any portion thereof, which remain unpaid
for a period exceeding one year after becoming
due.
(2) No license shall be granted for a
foreign corporation.
(3) No license shall be issued for the
premises owned by a person to whom a license mGv
not be granted under this section, except an owner
A.- who is a minor or an alien.
(4) No "on- sale" license shall be granted
for a restaurant which does not comply in all
respects with the definition of a restaurant as
contained in Subdivision 1 of this section, nor to
any restaurant which does not have -a -total market
value, including land, building and equipment, of
at least �500,000, as appraised by the city
assessor based upon appraisal data having a base
date of January 1, 1970.
(5 ) 'Jo "on- sale" l icons` shall be granted
restaurants unless they are located in general
commercial or industrial areas.
Subd. 12. Conditions Governinq Issuance. The
following conU tions govern issuance of a license
pursuant to this section:
(1) Every license shall be granted subject
to the provisions of this section and of any other
applicable ora finance or lac-,.
(2) The license shall be hosted in a
conspicuous place in the licensees premises at all
times.
s
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(3) Every licensee shall be responsible for
the conduct of his place of business and for the
conditions of sobriety and order in the place of
business and on the premises.
(4) No "on -sale" licensee shall sell wine
"off- sale ".
(5) No license shall be effective beyond the
compact and contiguous space shown in the license
application for such license.
(6) No minor shall be employed in any rooms
constituting the place in which wines are sold at
retail "on- sale ", except that minors may be
employed to perform the duties of a bus boy or
dishwashing services in restaurants licensed under
the provisions of this section.
(7) No wine shall be sold or furnished or
delivered to any intoxicated person, o any --
habitual drunkard, to a minor or -to any person to
whom sale is prohibited by state law.
(8) No licensee or an of his employees
shall keep, possess, or operate or permit the
keeping, possession or operation of any slot
machine, dice, or any gambling device'or apparatus
on the licensed premises, or in-any room adjoining
the licensed aremises, nor shall any such person
permit any gambling therein.
(9) No licensee or any of his employees
shall knowingly permit the licensed premises or
any room in those premises or any adjoining
building directly or indirectly under his control
to be used as a resort for prostitutes.
(10) Any police officer, health officer,
sanitarian, building inspector or any properly
designated officer or employee of the city shall
have the unqualified right to enter, inspect and
search the premises of Che licensee our ing
business hours without a warrant.
(11) no "on -sale" liquor establishment shall
d isolav wine to the public during hours v hen the
sale of liquor is prohibited by this ordinance.
(12) No licensee shall apple for or possess a
feueral wholesale or retail. liquor dealer's
special tax stamp or a federal gambling stamp.
(13) Changes in t,.e corporate or association
officers, corporate charter, articles of
incorporation, bylaws or tsartno-rship agree,-,ent, as
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the cases may be, shall be submitted to the city
clerk not less than sS days before such changes
are to be made. In the case of a corporation, the
licensee shall notify the city clerk when a person
not listed in the original application acquires an
interest which, together w th that oL z?1S Spspouse, :w
parent brother, sister or child, exceeds 50.
Such notice shall be given nom less than j0 days
from the date of.the proposed transfer.
(14) At the time a licensee submits his
application for renewal of a license, he shall
state the nature or amount of any contribution he
has nude for campaign or political purposes, the
person to whom the contribution was made and the
person or organization for who_n intended_
(15) A restaurant shall be conducted in such
a manner that the principal part of the business
for a license year is the serving of foods.
(16) Restaurants shall display a sign calling
attention to the open bottle law.
(17) No licensee shall sell, offer for sale,
or keep for sale, wine in any original package
which has been refilled or partly refilled. No
licensee shall directly or through any other
person delete or in any manner tamper with the
contents of any original package so as to change
its composition or alcoholic content while in the
original package. possession on the premises by
the licensee of any wire in the original package
differing in the composition or alcoholic content
in the wine when-received fro=m the manufacturer or
wholesaler
from ��no -I it was purchased shall be
prima face evidence 'r_a` t;ne contents of the
original package has been diluted, changed or
tampered with.
(18) Z'he business records of the licensee,
including federal anc state tax returns, shall be
available for inspection by the city manlager. , or
other duly authorized re;:resentatives of the city
or the city council at all reasonable times..
Subd . 13. Bond_
(1) AT the time
an "on-sale" license,
bond with corporate s
Such bond shall be in
of f iling an
the applicant
urety .-jith the
the m=ount of
�cpl Lcot ion for
Shall file a
city cler 'K.
$10,000.0,.
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}
The licensee shall keep such bond or any
substituted bond in the same amount and with the
same terms in full force and effect throughout the
license period.
(2) -The surety bond required by paragraph
(1) of this subdivision shall be subject to the
approval. of the city attorney as to form and
execution.
(3) The surety on such bond shall be a
surety company duly licensed to do business in the
State df Minnesota. All surety bonds, when
approved by the proper city officers, shall be
deposited with the city clerk.
(4) -All such bonds shall be conditioned as
follows:
(a) The licensee will obey the law
relating to the licensea business_
(b) That the licensee will Day to the
city when due all taxes, license fees, penalties
and other changes provided by law.
(c) That in -the event of violation o
any law relating to the business for which the
license has been granted for the sale of wine, the
bond shall be forfeited to the city.
(S) All such bonus shall provide that no
cancellation for any cause can be made either by
the bonding company or the applicant, without said
person-first giving 30 days` written notice to the
city, addressed to the city manager, of intention
to cancel the bond.
Subd. 14.' Liability Insurance.
(1) Prior to the issuance of an "on -sale"
wine license, the applicant shall file with the
city clerk (a) a puL-dic liubil.it_y insurance POI 'c '
Providing coverage, or at least $250,UOU and
$500,000 and (b) a liquor liability policy
covering liabilities under the provisions of
Minnesota Statutes, Section 340.96 and pr-cvtding
coverage of at least $100,000 and $300,000. The
city shall be named as an additional part- ins::red
on each of such policies.
(2) Such policies shall provide that no
cancellation for any cause shall be made by either
the insurod or the insurer without first giving
written notice of such cancellation to the city at
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1 least 30 days prior to the effective date of the
cancellation.
(3) Such policies of insurance shall further
provide that no payment 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) Such policies shall be subject to
approval of 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. Such policies, when approved, by the
proper city officials, shall be deposited with the
city clerk.
Subd. 15. Hours and Days of Operation. The sale
of wine is permitted only between the hours of 11:30
a.m. and 10:00 p.m. of any week day and any Saturday.
Sale of wine during any other hours is prohibited.
Unless the license issued under this section
provides for Sunday sale, no sale of wine may be
made between 10:00 p.m. Saturday and 11:30 a.m.
Monday of each week.
Subd. 16. Restrictions Involving Sale to Minors.
(1) No licensee, his agent or employee shall
serve or dispense upon the licensed premises any
wine to a minor; .nor shall such licensee, or his
agent or employee permit a minor to be furnished
or consume any such wines on the licensed
premises.
(2) Any person who may appear to the
licensee, his employees or agents to be a minor
shall, upon demand of the licensee, his employee
or agent, proOuce and :=mit to be ex-ar',,.-ined an
identification card, including a driver's license,
or non - qualification certificate issued by the
State Department of Public Safety.
Subd. 17. other Restrictions on Purchase or
Consumption.
(1) 14o person shall give, sell, procure or
purchase wine for any person to whom the sale of
wine is forbidden by law.
(2) No person shall mix or prepare wine
for "on- sale" consumption in any public place
-15-
not licensed in accordance with this code and
the laws of the State.of Minnesota.
(3) wine may not be sold or served in any
bar or cocktail lounge area of the restaurant
but only at tables where meals are regularly
served.
(4) No person nay be sold or served wine
who does not order food to be consumed with
the wine,
(5) Thine may not be sold or served in
containers larger in volume than.one� liter.
(6) Patrons shall not be allowed or permitted
to remove wine receptacles from the premises
which contain wine whether or not the -seal is
broken. The licensee shall take'such* steps as are
necessary to inform patrons of this prohibition
prior to making any wine sale.
Subd. 18. Revocation. The city council may
suspend or revoke an "on -sale" license for the
violation of any provision or condition of this
section or of any state law or federal law
regulating intoxicating liquor or wine and shall
revoke such license for any willful violation
which; under the laws of the state, ,s grounds
for mandatory revocation.
Subd. 19. Revocation Procedure. The licensee
shall be afforded an opportunity for a hearing
pursuant to Minnesota Stattues'Section 15.0418
and 15.0426 before the city council may vote
whether- to revoke or to suspend its-license. No
suspension shall exceed 60 days.-
Subd. 20. Licensing of_E.moloyess.
(1) No persons shall work as a manager,
bartender, cocktail waitress or in any capacity
where such person sells or serves wine in premises
licensed under this seciion, and no licensee shall
permit any such person to be so employed, unless
such person, within seven days after being first
employed, shall apply for a license to engage in
such business. No person may be so employed for
any length of time if his license is denied or
revoked.
(2) An application for such license shall be
filed with the city clerk upon forms provided by
the city -and such application shall be verified -
under oath and shall contain the following
-16-
information:
(a) The names and addresses of two
residents of Hennepin County, Minnesota, who have
known the applicant for a period of two years and
who will vouch for the sobriety, honesty and
general good character of the applicant.
(b) A concise history of the
applicant's previous employment.
(c) The record, if anv, of arrests
and of convictions for crimes and misdemeanors
other than traffic offenses.
(3) The annual license fee for any such
person shall be as provided in Appendix D of the
Code and shall be paid in advance. A license
shall expire on June 30th next following its
effective date.
(4) The application shall be referred to the
public safety department which shall investigate
the facts set. forth in the application and make a
written report hereon at the earliest practicable
time. If the police department recomamends that
such person be licensed, the city clerk shall
issue the license forthwith. If the police
department makes.a recommendation that the license
not be issued, the applicant, upon request, shall
be entitled to a hearing before the city council
and may offer evidence to prove the license should
be issued.
(5) No person shall be issued a license if
it appears that he has committed an act which is
a willful violation of Minnesota Statutes 340.07
through 340.40.
(6) Any license issued hereunder may be
revoked for any violation of this section or of
Minnesota Statutes 340.07 through 340.40 or for
conviction of any crime or misdemeanor involving
moral turpitude.
Subd. 21. Enlargement, Alterations or Extension
of Premises. Proposed enlargement, alteration or
extension of premises previously licensed shall be
reported to the city clerk at or before the time
application is made for a building permit for any
such change and the licensee shall also give such
information as is required by Subdivision 4.
Subd. 22. Transfer of License. No transfer of
any license required under this section shall be
permitted until all of the provisions of this
M
-17
section have been met including the filing of an
.original application, the payment of all fees and
the approval of the city council. A license
transfer shall be deemed to have occurred when any
of the following conditions exist:
(1) Any expansion, material alteration or
extension of the licensed premises intended to be
used for the sale or consumption of wine, on -sale.
(2) Any transfer of the license from person
to person or from place to place.
(3) Any change in the business structure or
organization of the licensee including, but not
limited to, changes in the corporate or
association officers, charter, articles of
incorporation, bylaws or partnership agreement.
(4) Any change in the legal or beneficial
ownership of corporate stock which, together with
the interest of a spouse, parent, brother, sister
or child, involves 5% or more of the corporate
stock.
(5) The grant of any power of attorney,
voting proxy, pledge or other assignment of the
` voting rights of corporate stock which will effect
alone or in conjunction with any other assignment
to the same assignee, his spouse, parent, brother,
sister or child; - 5 % or more of the voting shares
of stock.
(6) The creation of any new pecuniary
interest in the ownership operation management,
or profits of the licensed business.
(7) The existence of any other situation
whereby individuals other than those listed in the
original license application acquire a role in the
management, operation or profit of the license."
2. Appendix D, Section 8 of the Ordinance Code of the City
of Richfield, Minnesota, is hereby amended by adding after
paragraph (2)d, the following new subparagraph:
"d. Wine 11.08 1 year $2,000.00"
3. Appendix D, Section 8 of the Ordinance Code of the City
of Richfield, Minnesota, is hereby amended by adding after
paragraph (3)b the following new subparagraph:
"c. Wine establishment 11.08 $5 /year /person covered"
Passed by the City Council of the City of Richfield,
Minnesota, this day of r 1978.
ATTEST:
Thomas Moran, C i ty Clerk
Loren L. Law, Mayor
E
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Council Letter No. 285
Agenda September 25, 1978
Subject: Preliminary Report on Study of
Storm Drainage Areas
At-the June 26, 1978 city council meeting, the city council asked
that our consulting engineers, Orr - Schelen - Mayeron, examine those
locations in the city that experienced ponding of storm water during
the unusually heavy rainfall that occurred in August of last year and
in June of this year. The purpose of the request was to enable the
city council to obtain information which could be used as the basis
of future decisions on whether to pursue changes which could be ex-
pected to alleviate or minimize storm water ponding during future
periods of extremely heavy rainfall.
Ori- Schelen- Mayeron has generally reviewed the storm water drain-
age system in place in the city and concluded that this system worked
generally well during each of these periods of unusually heavy rain-
fall. Nevertheless, a representative of the consulting firm and our
city public works department attempted to meet with individuals in
those locations in the City of Richfield where problems were docu-
mented as a result of the heavy rainfall. In addition to these meet-
ings, information was gathered on the extent of the storm water pond -
ing. The system design was reviewed and analyzed in a preliminary
way in relationship to the.areas where excessive water ponded. Orr-
Schelen - Mayeron has developed a report commenting on the results of
their preliminary investigation which will be provided to the council
prior to the council meeting on September 25, 1978.
The severity of the problems differs considerably, as you will
note from reviewing this report. The consultant has developed some
alternative ways of treating these situations and has attempted to
attach estimated costs which would be required to implement improve-
ments.
The purpose of the meeting on September 25, 1978 is to provide
the consultants with an opportunity to present the results of the
firm's investigation to the city council. The presentation should
not be used at this point to draw conclusive decisions. Once the
presentation has been made, the city council can consider this
information and at a future time make a decision on whether to
*4. Council Letter No. 285 -2- September 25, 1978
proceed with the formal steps which could lead to actual storm sewer
improvements. As you know, before a storm sewer project can be
initiated there must be a formal public hearing, all property owners
in the drainage district to be benefitted must be notified and have
an opportunity to appear and comment on the proposed improvements
and the estimated assessment which would be borne by benefitted
properties.
Therefore, it is recommended that the city council use the follow-
ing procedure at the general hearing on storm water ponding area
problems:
1. Ask the city manager to review what is being done by the
city and the consultant.
2. Ask the consultant to make a presentation commenting on
the effectiveness of the city's storm sewer system in
general, and specifically presenting information on
the areas which were investigated.
3. Provide an opportunity for people in the audience to
present information to the city council. Detailed
questions concerning consultant proposals or specific
problem areas could best be handled by the consultant
on a person to person basis and the Orr- Schelen- Mayeron
representative will be happy to do that following the
public-presentation at the council meeting.
4. Receive the report from the consulting engineers and
ask the city staff to review it and make recommendations
on how to proceed. These recommendations would include
information on scheduling, financing and other aspects
which are important to the city council in making a firm
decision. It is anticipated that this information could
be available and ready to present to the city council by
the end of November.
Respectfully ubmitted,
Wayne S. Burggraaf
City Manager
WSB /eja
cc: Public Works Director
r.•
9'
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
i
.C. September 25, 1978
f
Council Letter No. 284
Agenda September 25, 1978
Subject: Report on 1977 Permanent Street Assessments
At the September 11, 1978 hearing on permanent street paving
assessments for the 1977 street paving project, the city council
deferred adoption of the assessments for several parcels to permit
further council consideration and staff investigation. Following
is a report of the staff findings related to these parcels:
1124 West 66th Street
Mr. Paul Seeling, 1124 West 66th Street, appeared at the
September 11, 1978 assessment hearing and expressed concern with
the workmanship related to the street paving project. Mr. Seeling
had three items of concern: a Northern States Power Company manhole
which Mr. Seeling has difficulty in mowing around; the grade around
the city street light on the boulevard area; and poor workmanship on
the - blacktop driveway.
The public works director has written.to NSP and requested
that they adjust their manhole or reshape the grade around it so
that Mr. Seeling can adequately mow the boulevard area of his yard.
Since the street light is immediately adjacent to the NSP manhole,.
resahping of the manhole area should alleviate the grading problem
around the street light as well.
The public works department staff has inspected the driveway
area and determined that one edge of the blacktop driveway has
deteriorated and presents less than a distinct edge along the grassy
portion of the Seeling's lawn. It is the recommendation of the
public works director that this irregular portion of Mr. Seeling's
driveway be excluded from any assessment. The irregularly edged
area amounts to approximately 63 square feet of asphalt, and would
result in a reduction of $25.20 from the Seeling's assessment.
It is recommended that the city council approve a reduction
of $25.20 to the driveway assessment.for the property at 1124
West 66th Street.
,. tr of the property at 6305
°;way assessment for this property.
• ment included the cost of
ing a public alley and the garage
this apron serves solely the alley
.venue, 'it is the finding of the
resurfaced area is a public alley.
uncil approve elimination of the
e property at 6305 Aldrich Avenue.
ssessments, the city council asked
ional item, a chipped driveway
Arnold Peterson, the owner of
he city make some repairs to the
taff has inspected this property
ay slab is chipped, there is
ps occurred during the street
taff has offered to patch this
cy concrete.
Uy submitted,
!�.
turggraaff
rer
►�
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 283
Agenda September 25, 1978
The Honorable Mayor
and
Members of the.City Council
City of Richfield
Gentlemen:
Subject: Commercial Planned Unit Development -
United National Superblock. Second
Reading.
United National Corporation, the principal applicant for
the commercial planned unit development rezoning in the block
of the Hub Shopping Center, has advised that the PUD will not
be finalized by the September 25, 1978 meeting. They have
requested that the hearing on this item be continued to the
October 23, 1978 city council meeting.
` Respectfully su itted,
Wayne WS. Burggraaf
City Manager
WSB /eja
cc: City Clerk
Planning & Redevelopment Director
Air::
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 282
Agenda September 251 1978
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Certification of Delinquent Sewer and
Water Utility Accounts
On the September 25, 1978 city council agenda there is
a resolution designating the annual accumulation of unpaid
sewer and water utility accounts.
Although the Richfield utility ordinance places unpaid
sewer and water charges as a lien against the property, some
homeowners have traditionally chosen to have the sewer bill
certified and included in their annual property tax billing.
Due to the switch to the LOGIS utility billing computer system,
the city's delinquent accounts are now certified in total, with
one figure covering both water and sanitary sewer services.
The attached resolution represents those delinquent
accounts which have occurred from August 30, 1977 through
August 30, 1978. It is recommended that the city council adopt
these resolutions, certifying delinquent water and sewer accounts.
Respectfully submitted,
W&vu
�.
Wayne S. Burggraaff
City Manager
WSB /eja
cc: Finance Director
r
RESOLUTION NO.
RESOLUTION CERTIFYING UNPAID SEWER AND WATER SERVICE
CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED
WITH OTHER TAXES ON SAID PROPERTIES
WHEREAS, Ordinance Code 8.23 establishes rules, rates and charges for water
service in the City of Richfield, and
WHEREAS, Minnesota Statutes 44.075, Subd. 3, provides that all delinquent
water service charges not paid may be certified to the County Auditor with the
taxes against such property, and shall be collected with other taxes on such
property, and
WHEREAS, Ordinance Code 8.12 establishes rules, rates and charges for sani-
tary sewer service in the City of Richfield, and
WHEREAS, Subd. 12 thereof provides that all sewer service charges not paid
within fifteen (15) days after the quarterly due date may be certified to the
County Auditor with taxes against such property, and shall be collected with
other taxes on such property, and
WHEREAS, an assessment roll has been prepared specifying the amounts which
shall be certified against each particular property.
that
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
1.- There is hereby determined to be a total uncollected amount for
water and sanitary sewer service of $16,649.22.
2. That such amount is hereby certified to the County Auditor for
collection with other taxes on said properties.
3. That a copy of this resolution shall be sent to the Hennepin
County Auditor.
Passed by the City Council of the City of Richfield this 25th day of
September, 1978.
ATTEST:
Thomas J. Moran City Clerk
Loren L. Law Mayor
1:4
+s.4.
i'-
�ty ;
v
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 281
Agenda September 25, 1978
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Request to Prepare Plans and Specifications
for Repair of Lift Station #4
The 1978/85 Capital Improvement Program proposal now being
prepared by the city staff provides funding for renovations to
the city's four sanitary sewer lift stations. In -some cases,
this renovation will include overhauling or replacement of pumps
and modernization of switching.equipment. In other cases, it
may be necessary to renovate or possibly reconstruct, the entire
lift station.
Pump failure in any one of the lift station facilities would
result in the interruption of sewer services in homes and busin-
esses, and could result in drain backups, lavatory overflows, and
corresponding property damage.
The Capital Improvement Program proposal provides that lift
station #4, the Wilson Pond facility located at 13th Avenue and
74th Street, be the first site for lift station improvements.
Lift station #4 serves approximately 114 homes and commercial
properties in the Cedar Avenue - 77th Street area, some of the
MAC freight warehouses, and the Metropolitan Stadium.
Lift station #4 has created a major maintenance problem for
city sewer personnel. The station has performed erratically over
the past year and has experienced nine emergency calls over the
last nine months. The electrical and mechanical equipment in the
lift station is 25 years old, and is corroded and worn to such a
degree that such extra maintenance attention is likely to continue.
to be necessary. In addition, on each of these emergency calls,
the normal high wastewater storage elevation has been exceeded,
which suggests that the deterioration of the station is such that
it can no longer handle the incoming discharge flows.
It is the recommendation of the public works director, that
the city retain our consulting engineer to prepare plans and
specifications for renovation of lift station #4. It is estimated
that the cost to prepare such construction documents would be
approximately $5,500. The design work for preparation of plans
Council Letter No. 281
-2-
A'
September 21, 1978
and specifications could be completed in the next few months, so
that construction of the renovations to-.lift station 44 could take
place during 1979. It is anticipated that the renovation and re-
pair work to the fully depreciated lift station will cost approxi-
mately $30,000.
The sewer utility fund will provide financing to complete the
renovations of the lift stations. Funds are currently available
in this account to begin work on lift station #4.
It is recommended that the city council authorize the city
manager to retain Orr- Schelen- Mayeron and Associates for the purpose
of preparing plans and specifications for renovation of lift station
#4', at a cost of approximately $5,500.
Respectfully submitted,
Wayne S. Burggraaff
City Manager
WSB /eja
cc: Public Works Director
Finance Director
&PAe e4,,--x en.±
r
Zt 7
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 280
Agenda September 25, 1978
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Request for Approval of Off - Street Parking
Contract, 6945 Penn Avenue
Penn Properties, 4354 Browndale Avenue South, St. Louis Park,
has submitted an application for an off - street parking contract.
The applicant proposes to establish an off - street parking lot on
the corner of Penn Avenue and 70th Street.
Twelve parking spaces are to be provided in this lot, to
serve a six unit, two and one -half story apartment building which
is to be constructed on the adjacent vacent lot.
The city council approved rezoning of the property at 6941-
6945 Penn Avenue from single family residential (R) to multi-
family residential (MR) on September 12, 1977, subsequent to a
request by the applicant for such rezoning. On January 9, 1978,
the city council approved issuance of a special use permit and
variances to the sideyard and outdoor living space requirements of
the zoning ordinance, to permit construction of the proposed apart-
ment building.
The corner of Penn Avenue and 70th Street has experienced some
drainage problems during recent rainstorms. Water has flowed over
the site in a northerly direction to the adjacent properties. The
applicant has retained an engineering consultant to study various
means to protect the proposed apartment building from future flood-
ing and to reduce the existing overland water flows to the north.
The applicant proposes to elevate the floor of the lower apartment
unit, to redirect roof and storm drains away from the adjacent
properties, and to construct a two-to three foot concrete berm
along the Penn Avenue and 70th Street portion of the building site.
This proposal has been reviewed by the public works director, who
has concluded that these actions should reduce potential flooding
damages to the apartment complex and to the existing adjacent
properties as much as is possible.
The public works director has also reviewed this application'
to insure compliance by the applicant with all ordinance provisions
regulating off - street parking contracts. It is his recommendation
Council Letter No. 280 -2- September 25, 1978
r
in which I concur, that the proposed off - street parking contract
complies with all applicable ordinance provisions, and that the
city council approve execution of this off - street parking contract.
Respectfully s bmitted,
Wayne S. Burggraaff
City Manager
WSB /eja
cC: Public Works Director
Planning & Redevelopment Director
i
I
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N
;Cale. I°= 30
OFF STREET PARKING NO. 78 -13
OWNER AND ADDRESS: Penn Properties, Inc.
4354 Browndale Avenue South, St. Louis Park, MN
LEGAL DESCRIPTION: Lot 13, Block 10, Tingdale Bros., Lincoln Hills 2nd Addn
(6941 Penn Avenue South)
Lot 10, Block 10, Woodlake Highlands Addn.
(6945 Penn Avenue South)
USE: Six -Unit Apartment Building
DATE OF APPLICATION: September 7, 1978
COUNCIL ACTION: September 25, 1978
NO. PARKING SPACES: 6 + 6 garages
n v OF coSeR PARKING - EK&
CITY OF RICHFIELD, MINNESOTA
Office of City Manager,
Council Letter No. 279
Agenda September 25, 1978
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Moratorium on the Filling of Position Vacancy
During the 1977 budget hearings, the city council established
a moratorium on the filling of full time vacancies. The purpose
of this letter is to request that the moratorium be lifted to
permit the filling of the following full time position:
Park Maintenange Person - -This position vacancy is created
.by a resignation and is one of two full time positions
responsible for the care and upkeep of the ice arena.
Since this position is fully funded in the 1978 budget and is
a crucial position in terms of workload, it is recommended that the
moratorium be lifted to permit the filling of this position..
Respectfully submitted,
VJ044a �• wraq
Wayne S. Burggraaff
City Manager
WSB /jkl
cc: Personnel Director
Parks & Recreation Director
r
�R
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 278
Agenda September 25, 1978
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: -Public Safety Department Commendation Awards
The public safety department has scheduled a presentation of
its semi - annual commendation awards for the September 25, 1978
city council meeting.
Two public safety department employees have been nominated
to receive commendation awards for the first six months of 1978.
The first award is,being presented to Police Officer Thomas Edwards
for his actions on January 23, 1978 which led to arrest of an
armed robbery suspect. The suspect in this case has been charged
with the assault and robbery of two elderly Richfield women.
Police Office Dennis Benedict has been nominated to receive
the second employee commendation award, for his actions on May
13, 1978 which resulted in the arrest of two armed robbery sus-
pects. The suspects in this case have been charged with the armed
robbery of a Richfield business establishment.
In addition to the semi - annual employee commendation awards,
the public safety department presents awards to Richfield citizens
who have made a significant contribution to the community's overall
public safety effort. The public safety director has nominated
three Richfield residents for special recognition and commendation
at the September 25, 1978 city council meeting. The citizen
commendation awards are to be presented to the three members of
the Police and Fire Civil Service Commission, in recognition of
the service they have provided to the city and the public safety
department over the past several years.
Commission chairman Robert Tait has served on the Police and
Fire Civil Service Commission since 1967. Commission secretary
Bob Gordon has served since 1972, and Commissioner Don Balmer has
served since 1971. Both Mr. Tait-and Mr. Gordon served for several
years on the city's planning commission prior to their appointment
to the Police and Fire Civil Service Commission.
Because of the accomplishments of these individuals in contrib-
utin t th
e pub
g o lic safety effort in Richfield, it is the
Council Letter No. 278 -2- September 25, 1978
recommendation of the public safety director, in which I concur,
that these men be publicly recognized with commendation awards
by the city council.
Respectfully bmitted,
Wayne S. Burggraaff
City Manager
WSB /eja
cc: Public Safety Director
X
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Agenda September 25, 1978
Council Letter No. 277
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Discussion of Ordinance Amendment
Relating to Gambling Devices
The city has received a request from the Richfield Lions Club
for authorization to sponsor a fund - raising "Las Vegas Night" at
the Richfield American Legion Club. This activity has been spons-
ored by the Lions Club in the past. However, in 1974 the Minnes-
ota Attorney General's office ruled that this form of fund raising
activity was illegal under the state gambling statutes, and the
Lions Club has not conducted this type of fund - raising activity
since then.
Chapter 507 of the 1978 Minnesota Laws amended the statute
relating to gambling devices. This amendment provides authority
for city councils to adopt local ordinances to permit some forms
of gambling for non - profit organizations use in fund raising. This
legislation would require that the city develop an ordinance to
accomodate the provisions of Session Law 507, before such an activity
as that proposed by the Lions Club could be held.
Because of the rather complex provisions of the state law and
the need for the development of a city ordinance, it is my
recommendation that the city council consider this issue as a dis-
cussion item at the September 25, 1978 city council meeting. If
the council wishes to proceed with development of the necessary
ordinance, the city attorney and the public safety director can
prepare a proposed ordinance for council consideration at some
future meeting.
WSB /eja
cc: City Attorney
Public Safety Director
Respectfully s bmitted,
Wayne S. Burggraaff
City Manager
i
S
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Agenda September 25, 1978
Council Letter No. 276
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Assessment Rolls for Diseased Tree,
Nuisance Abatement and Weed Destruction
On the September 25, 1978 city council agenda there are several
resolutions certifying special assessments to Hennepin County.
These resolutions provide for the following certifications:
1. Resolution certifying special assessment for weed
destruction. This is a one -year assessment at 8%
penalty.
2. Resolution levying special assessments for nuisance
abatement. This is a one -year assessment at no in-
terest or penalty.
3. Resolution levying special assessments for abatement
of diseased tree. This is the assessment roll for
diseased tree removal on private property which has
been performed by the city at the request of the
property owner. The assessment is certified at the
city's actual cost of the tree removal, less the
amount of the city and state subsidy for which the
removal qualifies. The subsidy provides a maximum
of $100 or 50% of the removal costs, whichever is
less, per tree. This assessment is spread over
three years at the rate of 8% per annum.
It is recommended that the city council adopt the resolutions
certifying these special assessments.
Respectfully ubmitted,
Wf
�•
Wayne S. Burggraa
City Manager
WSB /eja
cc: Finance Director,
Public Works Director
Environmental Health Director
RESOLUTION NO.
RESOLUTION LEVYING SPECIAL ASSESSMENTS
FOR ABATEMENT OF DISEASED TREES
WHEREAS, Ordinance Code 4.11 establishes rules and regulations with reference
to the abatement of diseased trees on private property in the City of Richfield by
tree removal, and
WHEREAS, Minnesota Statutes 429.101 provides that all unpaid or special
charges for such tree removal may be certified to the County Auditor with the
taxes against such property, and shall be collected with other taxes on such
property, and
WHEREAS, an assessment roll has been prepared specifying the amounts which
shall be certified against each particular property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
as follows:
1. That the following described properties are hereby specially assessed
in the following amounts for expenses incurred by the City in connection with
abatement or removal of diseased trees pursuant to Minnesota Statutes 429.101:
ADDRESS
PLAT
PARCEL
AMOUNT
6632
5th Avenue
45810
3290
$ 158.74
6600
Oakland
44910
3400
92.24
6416
Bloomington
45475
0400
76.43
2617
W. 66th.Street
46790
1875
105.42
7327
Grand
44834
1185
75.90
6741
Lyndale
45740
2250
316.25
7305
lst Avenue
44834
2248
310.98
6524
19th Avenue
45880
0400
46.38
7244
Stevens
46931
4250
131.77
7400
Colfax
45605
2120
152.86
7320
10th Avenue
45382
5400
173.94
7528
Colfax
45605
4281
51.66
6641
Oliver
45355
3420
250.37
6428
16th Avenue
45942
3000
44.80
6444
16th Avenue
45942
3400
317.50
6840
Blaisdell
44827
1700
203.10
6428
23rd Avenue
45880
3460
76.13
7225
Aldrich
46970
2200
263.54
6336
James
46065
3430
120.75
7349
Penn
46901
5400
154.87
6625
Oliver
45355
3520
110.25
6329
Standish
45880
5290
392.18
6624
Girard
45085
4000
151.04
7308
10th Avenue
45382
5300
71.85
7225
Aldrich
46970
2200
515.62
6637
Portland
44910
5020
183.02
7639
3rd Avenue
45110
6000
101.21
6818
Oliver
46792
2750
63.30
Resolution No. -2-
ADDRESS
PLAT
PARCEL
AMOUNT
6409
18th Avenue
45621
1 4400
$ 74.43
6309
14th Avenue
45940
1900
125.86
7244
Stevens
46410
2400
153.26
6345
18th Avenue
45621
8600
212.88
6529
Emerson
46451
2000
120.50
6825
Queen
44829
5000
100.42
6315
22nd Avenue
45880
5020
251.04
Total
$5,750.49
2. That the above listed assessments be spread over a period of three
years at the rate of 8% interest per annum on the unpaid balances.
3. That the City Clerk is hereby authorized and directed to certify a
copy of this resolution to the County Auditor of Hennepin County, Minnesota.
Passed by the City Council of the City of Richfield, Minnesota, this
25th day of September, 1978.
Loren L. Law Mayor
ATTEST:
Thomas J. Moran City Clerk
RESOLUTION NO.
RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT
BE IT RESOLVED by the City Council of the City of Richfield, Hennepin
County, Minnesota, as follows:
1. The following described properties are hereby specially assessed
in the following amounts for expenses incurred by the City in connection
with abatement of a nuisance health hazard pursuant to the provisions of
Minnesota Statutes, Section 145.23, to -wit:
PLAT
PARCEL
ADDRESS
AMOUNT
46139
7500
(approx.) Bloomington Ave. E. 77th St.
$ 39.30
45990
7200
7515
Upton Avenue
45.00
46830
3660
6525
Nicollet Avenue
15.00
45880
1580
6516
23rd Avenue
76.05
46793
1925
6829
Thomas Avenue
12.00
46790
4675
6716
Washburn Avenue
30.35
45040
1500
7337
Fifth Avenue
16.92
45040
1500
7337
Fifth Avenue
24.55
45505
3210
6601
First Avenue
25.00
46950
3550
6945
Penn Avenue
65.00
45355
4285
6621 -6637 Penn Avenue
25.00
Total 374 17
2. The above special assessments are to be spread over one year at
no interest.
3. The City Clerk is hereby authorized and directed to certify a
copy of this resolution to the County Auditor of Hennepin County, Minnesota.
Passed by the City Council of the City of Richfield, Minnesota, this
25th day of September, 1978.
Loren L. Law Mayor
ATTEST:
Thomas J. Moran City Clerk
a
RESOLUTION NO.
RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION
BE IT RESOLVED by the City Council of the City of Richfield, Hennepin
County, Minnesota, as follows:
1. That the following described properties are hereby specially assessed
in the following amounts for expenses incurred by the City in connection with
abatement for weed destruction pursuant to the provisions of Minnesota Statutes,
1969, Chapter 715, Sec. 17.271, to -wit:
PLAT
PARCEL
ADDRESS
AMOUNT
45575
1200
7032
Fourth Avenue
$ 18.00
46255
1000
2500
W. 66th Street
18.00
45630
7000
2516
W. 66th Street
18.00
45975
1000
7032
Penn Avenue
16.60
46260
6000
(approx.)
66th
St. and Nicollet Avenue
36.00
45414
6500
7145
Penn Avenue
15.00
45940
5600
6501
15th Avenue
10.00
44833
0220
7645
Emerson Avenue
10.00
45331
8625
7344
Cedar Avenue
25.00
46139
7500
(approx.)
Bloomington Ave. & E. 77th St.
35.00
45621
2800
1800
E. 66th Street
15.00
46260
6000
(approx.)
66th
St. & Nicollet Avenue
25.00
45414
6500
7145
Penn Avenue
15.00
45627
7500
7615
Penn Avenue
15.00
46260
6000
(approx.)
66th
St. & Nicollet Avenue
25.00
46650
0200
6701
Fourth Avenue
15.00
46793
0650
6841
Russell Avenue
21.59
45880
3880
6333
Cedar Avenue
7.00
46142
3000
6438
Lyndale Avenue
15.00
46530
5910
7709
Pillsbury Avenue
15.00
44827
4600
738 W. 66th Street
15.00
45196
0800
6844
Cedar Avenue
20.00
45505
3210
6601
First Avenue
15.00
46066
0125
6300
Lyndale Avenue
25.00
45665
7000
7108
Clinton Avenue
35.00
45880
0100
6539
Cedar Avenue
15.00
46793
0650
6841
Russell Avenue
20.00
46066
0125
6300
Lyndale Avenue
10.00
45880
0565
1916
E. 66th Street
10.00
Total
535 19
2. That the above listed assessments be spread over a period of one
year at the rate of 8% interest per annum.
Resolution No.
-2-
- _ r
3. That the City Clerk is hereby authorized and.directed to certify
a copy of this resolution to the County Auditor of Hennepin County, Minnesota.
Passed by the City Council of the City of Richfield, Minnesota, this
25th day of September, 1978.
Loren L. Law Mayor
ATTEST:
Thomas J. Moran City Clerk