06-20-78 agenda4
~~i
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 184
Agenda June 20, 1978
The Honorable Mayor
and
Members of the City
City of Richfield
Gentlemen:
Subject:
a.P-P/~o-v.-rd, 3 -O
p~,~,~' ~u t~tl' bk,3P...r-'1'
Council
Acceptance of Nicollet Avenue Easements
from United National Corporation
Since October, 1976, the planning department staff has been
working with United National Corporation, owner of .the Hub, to
obtain easements for utility construction, landscaping, street
purposes for a bus turnout, and a sidewalk pedestrian plaza
along the west side of Nicollet Avenue near 66th Street. How-
ever, various delays prevented granting of the easements.
In early 1978, the city council authorized the initiation of
eminent domain proceedings to acquire the Nicollet Avenue ease-
ments from United National. Negotiations- to acquire .the easements
have been proceeding concurrently with the eminent domain process
and resulted in an agreement several weeks ago wherein United
National agreed to provide the Nicollet Avenue easements to the
city. The final .agreement for dedication of easements along
Nicollet Avenue was submitted to the city on June 15, 1978.
Copies of the easement and the agreement conveying the ease-
ment are attached to this council letter. Both documents have
been reviewed by the city attorney's office and it is recommended
tr.at the city council adopt the attached resolution accepting the
easements and authorizing execution of the agreement.
Respectfully submitted,
c L' . Wilde
Acting City Manager
JLW/eja
cc: City Attorney
Planning & Redevelopment Director
Public Works Director
,~
RESOLUTION NO.
_ RESOLUTION AUTHORIZING EXECUTION OF DOCUMENTATION
PROVIDING FOR ACQUISITION OF EASEMENTS ON HUB SHOPPING PROPERTY
BE IT RESOLVED by the City Council of the City of Richfield as follows:
1. A set of easement agreements and other related documents
providing for transfer to the City of Richfield of certain
easements on property at the Hub Shopping Center are
be placed on file. _
2. The city mayor, manager, finance officer, attorney and
other appropriate officials of the City of Richfield are
hereby authorized and directed to execute such documents
and to take such further actions as are necessary to give
effect to provisions thereof.
Passed by the city council of the City of Richfield this
20th day of June, 1978.
Loren L. Law Mayor
ATTEST:
Thomas J. Moran City Clerk
.. ,~
~--
EASEMENT
THIS AGREEMENT made this 7th day of June® 1978, between
UNITED NATIONAL CORPORATION, organized under the law of the State
of Delaware, owner of the land herein described, party of the first
part, and CITY OF RICHFIELD, a Minnesota municipal corporation,
party of the second part,.
W I T N E S S E T H:
The party of the first part, in consideration of the sum of
one ($1.00) dollar and other good and valuable considerations to it
in hand paid by the party of the second part, the receipt of which
is hereby acknowledged, does hereby-grant and convey unto the party
of the second part, its successors and assigns, an easement solely
for the following purposes:
constructing, maintaining and reconstructing public sidewalks,
underground public utilities, light standards, landscaping,
refuse containers, pedestrian benches and other like public
facilities over, under, upon and across the following
described property in the County of Hennepin, State of
Minnesota, to-wit:
That part of Block 2, Richfield Plaza, `according to the
recorded plat thereof, lying east of the following
described line:
Beginning at a point on the south line of said
Block 2, distant 20.00 feet. westerly frorl the
east line of said Block 2; thence northerly
320.95 feet parallel with said east line; thence
northeasterly 5.20 feet, deflecting to the right
44 degrees 57 mint'-__ -,~ ___~_a^_ ~~.~~...~ ~~..,,.+.~~r,.,
18.80 feet, para'
northeasterly 7 . ,
44 degrees 57 z5
` `;para l le 1 wit-' ~'f
of said B l~
Any of the foregc
of the party of~ _,
property descrw --
installed on --
part shall,, ~ ~_
facilitie^ e~}
describF ~~ \
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' Om this 7th day of ~ June 1978, before me a
'notary public within and for said County, personally appeared
Eugene Eichenberg, to me personally know, who being by me sworn,
did say that he is the Executive Vice President of United National
Corporation, the company named in the foregoing instrument and
that the seal affixed to said instrument is the corporate seal
of said corporation and that said instrument was signed and sealed
in behalf of said corporation by authority of said corporation
and said Executive Vice President acknowledged said instrument to
be the free act and deed of said corporation.
Notary blc, „State_of New York
ivotc•~ Fu'r~V;c, S!ae c F•~ow York
N.o, 30-1"~dJrO
C%ual;`ied in Nassau County
T1Z15 Instrument Drafted By: Certi~Lete filed in New York County
Commission Expires March 30, 1979
Stanley Patchen
~ln;i-pA National Corporation
745 Fifth Avenue
New York, New York 10022
- -~
4
AGREEMENT
THIS AGREEMENT, dated this 7th day of June, 197$, between
CITY OF RICHFIELD ("City"), a Minnesota municipal corporation, and
UPIITED NATIONAL CORPORATIOt1, formerly known as United Investors
Corporation {"United"), a Delaware corporation,
W I T N E S S E T H:
WHEREAS, United owns Block 2, Richfield Plaza, according to
the plat on file :in the Office of the County Recorder of Hennepin
County, Minnesota ("Block 2"); and
WHEREAS, United, by an instrument dated June 7, 1978 ("Instrument
of Easement"), has provided the City with an easement over, under,
upon and across a portion of Block 2 adjacent to Nicollet Avenue
("Easement Area"), as more particularly described in said
instrument, for the construction, reconstruction and maintenance of
certain public amenities; and
WHEREAS, United has informed the City that it would execute and
deliver the Instrument ^~ T''~~°T1°'''{' ^^~ ~~ ~ f ~amc i ~ cnh~ACt to
certain conditions '
Easement Area, w'
.forth in thiC
Easement;
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NOW THEREFORE, it is agreed by and between the parties hereto
as follows:
1. United reserves and sha~.~. have the right to use, and permit
others to use, the Easement Area for any purpose which is not
inconsistent with the improvements, facilities and installations
installed by the City in said Easement Area.
2. If the City shall enter upon the Easement Area for the _
purpose of constructing or performing work upon any facility
located therein, it shall enter at such times and in such manner
as to cause minimal inconvenience to United, its tenants and
customers, and other invitees, except in the case of emergency.
The City shall do its work as expeditiously as possible and shall
restore surface and subsurface areas upon which work was performed
to at least as good condition as existed at the time of commencement
of said work. The City shall not advertise, or permit others to~
advertise upon the Easement Area without L7nited's consent.
3. Any damage caused or occasioned to the property of United
yr others, including the Easement Area or other portion of United's
property, by the City, its agents or contractors, during the
exercise of any right to work on the Easement Area or during their
usage or any occupancy of said easement or adjacent area, shall be
repaired and/or restored by the City at the expense of the City,
.promptly after the occurrence of said damage.
4. The City shall indemnify and save United, its tenants and
other persons permitted by United to use Richfield Hub Shopping
Center, harmless against any claims, actions, causes of action or
costs and expenses of defending the same, arising out of or by
reason of the negligence of the City or any of its officers, agents,
.employees or contractors in the exercise of its rights under this
agreement.
5. Work.by, or
area, or adjacent
vehicular traf f ie-
Except in the ~
:days notice t~
the Easement
6. ~~
7. Attached hereto are copies of six drawings prepared by
Bather, Ringrose, Wolsfeld, Anc., entitled "Lyndale-Hub-Nicollet
Redevelopment Area"; two drawings are identified respectively as
"Proposed Plan" and "Alternate Proposed Plan", and four drawings
are numbered Sheets 7, 19, 20 and 21 of 51 sheets. The City shall
perform the work and install the improvements, facilities and
installations shown on Sheets 7, 19, 20 and 21 and on the
particular "Proposed Plan" or °'Alternate Proposed Plan" drawing
designated by United, which designation shall be made within thirty
(30) days after the date of this agreement; in the absence of said
designation the "Alternate Proposed Plan" shall be used. The City
~:ahali make no other improvements or installations on,.'in, over or
Rtnder the Eaffiement Area without the written consent of United,
accept such as will serve the same purpose as those initially
`,;.'installed, will not impose a greater burden upon the Easement Area
and will not interfere with United's use of the Easement Area.
The City shall erect no fences or barriers within or around the
basement Area, except as reasonably required during actual
..construction or repair work. The work in the area identified on,
the designated drawing as "old drive" shall not be performed until
the proposed new route of West 65th Street is open to traffic;
until that time, the City shall maintain a temporary asphalt ramp
..;from the curb to the street grade and shall keep said area open as
~a driveway. During the initial period of construction upon the
"basement Area, the City shall have a right to enter upon the area
.identified as "Temporary Construction Easement" on the drawing
.:designated by United or the City, as the case may be, in
~"sCOnjunction with the work performed upon the Easement Area. By
.'April 4, 1979, the City shall supply without charge to United "as
.:wilt" drawings showing in detail the location of the City's
installations on the Easement Area.
Sheets 7, 19, 20 and 21 do not. accurately set forth the
boundary lines of the Easement Area; the description set forth in
the Instrument of Easement dated June 7, 1978 is the proper
description. In the case of a conflict between the improvements,
facilities and installations sho~m on said four sheets and those
- - _, ..
shown on the "Proposed
whichever plan is des'
the City shall perf~
facilities and i
"Alternate Propo
Curb
Avenue mate'
Proposed T'
request
Hub nr
sha 1'
°noo
as .~-
9. The granting by United to the City of the easement referred
to herein shall not be deemed to have reduced the land area
component of Richfield Hub Shopping Center for purposes of computing
parking ratios.
10, At such time, if ever, that the City (and tre County of
Hennepin, if the County shall have an interest in the installations
installed upon the Easement Area) shall cease to use the facilities
installed on the Easement Area; the easement referred to herein
shall terminate and the City shall have no further right with
respect to the Easement Area; any period of non-use in excess of
sixty (60) days (except if the City intends to replace a facility
but is prevented from doing so by conditions beyond its control)
shall be deemed to be a permanent cessation. Thereupon, upon
request of United, the City, at its expense, shall remove all
installations made by it under and on the unutilized area and shall
install thereon, as United shall elect, either asphalt paving at
the elevation of United's adjoining paving, or top soil and sod.
The City shall also enter into an agreement with United,~promptly
after United's request and at no cost to United, in form suitable
for recording, terminating the easement with respect to the
unutilized area(s).- The City shall coriply with its obligations
under Section 3 hereof and with regard to restoration, which
obligations shall survive the termination of the easement agreement.
11. The rights and obligations of each of the parties set
forth in this agreement shall be binding upon and inure to the
.benefit of each of them and to their respective successors and
assigns. This agreement shall not be modified or terminated
except by mutual written agreement of the City and United. United
has informed the City that it has provided the easement referred
to herein in reliance upon and partially in consideration of the
various agreements made herein by the City.
IN TEET'IMONY WHEREOF, the parties hereto have hereunto set
their hands as of the day - --- - -- `= ---'- --'~~--^ • •~~ ~-*~ ^^
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Gentle men:
Council Letter No. 183
Agenda June 20, 1978
~~ roved, 3 - ~
otd~,w , oLu.t a i~ ~1~~,-,-i-
Subject: Sale of City Owned Property Located in the L/H/N
Redevelopment Area
On June 12, 1978 the city council gave second reading approval to a
transitory ordinance authorizing the sale of city property adjacent to the Lyndale
liquor store to the Richfield Housing and Redevelopment Authority. The sale
price for this property was established based on just_compensation which had
been approved by the Housing and Redevelopment Authority on December 20,
1977. That just compensation was established at $4.25 per square foot for the
9,550.80 square foot parcel, .making the total sale price equal to $40,590.90.
It is recommended that the city council adopt the attached resolution
providing for sale of this property to the HRA in the amount of $40,590.90.
Respectfully submitted,
- ~..
J ce .Wilde
• Acting City Manager
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
The Honorable Mayor
and
Members of the City Council
City of Richfield
JLW/e j a
cc: Planning and Redevelopment Director
City Pttorney
Finance Director
Y ~
RESOLUTION N0.
. RESOLUTION APPROVING SALE OF
CERTAIN REAL PROPERTY IN THE CITY
WHEREAS, the City of Richfield by ordinance has provided for
the disposition of certain real property hereinafter described;
and
WHEREAS, the Housing and Redevelopment Authority of Richfield
has offered to purchase said real estate subject to the restrictions
and reservations hereinafter set forth;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
of Richfield, Minnesota as follows:
1. The City Manager and Mayor are authorized to execute all
necessary documents to accomplish the sale of the follow-
ing described property:
That part of Tract C, Registered Land Survey
No. 1131, files of the Registrar of Titles,
Hennepin County, Minnesota, lying northwest-
erly of the following described line:
Beginning at a point on the southwesterly
line of said Tract C, distant 40.25 feet
southeasterly from the most westerly corner
Tract C; thence northeasterly 146.58 feet para-
llel with the northwesterly line of said
Tract C; thence northeasterly 103.08 feet,
parallel with the southeasterly line of said
Tract C, to the northeasterly line of said
Tract C, and there terminating.
to the Housing and Redevelopment Authority of Richfield,
Minnesota. -._
2. The sale price shall be $40,590.90 payable on the date of
closing.
3. The conveyance of the property above described shall be
subject to the reservation of an easement appurtenant to
the retained portion of Tract C for ingress, egress,
maintenance and parking purposes over, under, across and
through the following described portion of the property
conveyed:
Beginning at a point on the most easterly corner
of the property conveyed, thence southwesterly
and parallel with the southeasterly line on Tract
C 103.08 feet, thence southwesterly and parallel
with the northwesterly line of said Tract C and
distance of 10.00 feet, thence northerly at right
angles with the northwesterly line of Tract C
,.~
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to the northwesterly line of said Tract C, thence
northeasterly along the said northwesterly line of
_-said Tract C to the northeasterly corner of said
Tract C, thence southeasterly along the northeasterly
line of said Tract C to the point of beginning.
The said easement area shall also be available to the Housing
and Redevelopment Authority, its successors and assigns for the pur-
pose of ingress, egress, parking and similar activities not incon-
sistent with the retained right of the city therein.
Passed by the City Council of the City of Richfield, Minnesota this
day of June, 1978.
Loren L. Law, Mayor
ATTEST:
Thomas J. Moran, City Clerk
~t
....
CITY OF RICHFIELD, MINNESOTA
Office- of City Manager
Council Letter No. 182
Agenda June 12, 1978
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Resolution Supporting Hennepin County Energy
Grant Proposal
Hennepin County recently informed my office of their intent to apply for
a Minnesota Department of Energy grant to develop a Comprehensive Community
Energy Management Program. The grant would support the collection of data
regarding energy use in communities within the county and then support de-
velopment of a comprehensive community energy management program for
Hennepin County.
The Public Works Director has reviewed this proposal. It is his
recommendation, in which I concur, that the city council adopt the attached
resolution supporting Hennepin County's. grant application and designating the
Public Works Director to work with Hennepin County in implementing this
program .
Respectfully submitted,
V~/ ~ . Ham'
C~~
Wayne S. Burggraaff
City Manager
WSB/eja
cc: Public Works Director
RESOLUTION NO.
RESOLUTION SUPPORTING HENNEPIN COUNTY APPLICATION FOR
DEPARTMENT OF ENERGY PLANNING GRANT
Whereas, the Hennepin County Department of Environment and Energy
is preparing a grant application for submission to the Department
of Energy and
Whereas, this grant application is being submitted for purposes of
preparing a Comprehensive Community Energy Management Program and
Whereas, the product of this program would be an energy data base and
an energy conservation plan that would be helpful to all Hennepin
County communities and
Whereas, this program would develop a plan for responding to possible
future energy needs and requirements,
Now, therefore, be it resolved by the City Council of the City of Richfield
that the City of Richfield does support the application of Hennepin
County for a Department of Energy grant to develop a Comprehensive
Community Energy Management Program and
Be it further stated that the City of Richfield will cooperate with
Hennepin County in the collection of data and development of
a Comprehensive Community Energy Management Program for
the county.
Done at the City of Richfield this day of June, 1978.
Loren L. Law, Mayor
ATTEST:
Thomas J . Moran , City Clerk
it
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 181
Agenda June 12, 1978
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Hearing on Adjustment in the Base Used to Calculate
the Annual General Fund Budget Levy Limit
On May 8, 1978, the city council established June 12, 1978 as the date
for a hearing on the above. subject. Minnesota Statutes, Section 275.52,
Subdivision 5 authorizes eligible cities to pursue this procedure prior to the
time the actual levy for 1979 is determined in October, 1978. The statute
limits the use of this procedure to one time only and authorizes its use only
in 1977 and 1978. A city that does. not make use of this procedure in 1978
is prevented from doing so in the future.
Council members have received information on this matter and have
informally discussed it at two special budget workshop council meetings.
However, it is important to emphasize the following items:
1 . .Richfield is already at its levy limit. Moreover, the fact that
certain important special levies have been eliminated make it
even more essential that we take advantage of this opportunity
to protect the city's future revenue raising capability.
2. Preliminary estimates of 1979 budget needs to continue existing
city services indicate that the city council may wish to consider
using some portion of the additional revenue resources provided
by this procedure to help fund the 1979 budget.
3. Adoption of the attached resolution authorizing a potentially
large levy does not automatically mean that the full amount
authorized would be adopted in 1979 or future years. The actual
levy for taxes payable in 1979 must be determined in accordance
with the city charter at the time the 1979 budget is adopted in
the fall of this year. Moreover, present law provides for an
increase in state aid monies to be received by the City of
Richfield in 1979.
7
,. ~ ..
Council Letter No. 181 - 2 - June 12, 1978
It is recommended that the city council adopt the attached resolution
_ authorizing additional tax levies-as permitted by Minnesota Statutes,
Section 275.52, Subdivision 5.
Respectfully submitted,
1
t ~1 .
Wayne S. Burggraaff
City Manager
W SB/j kl
cc Finance Director
RESOLUTION N0,
RESOLUTION.AUTHORIZING ADDITIONAL TAX LEVY
AS PERMITTED BY MINNESOTA STATUTES, SECTION 275.52, SUBDIVISION 5
WHEREAS, Minnesota Statutes, Section 275.52, Subdivision 5, permits
certain cities to determine to levy in excess of the limitation provided in
Sections 275.50 to 275.56 by an amount not to exceed 10 percent of its levy
limit base, and
WHEREAS, the City of Richfield, as a second class city operating
at its levy limit meets the criteria established in Minnesota Statutes, Section
275.52, Subdivision 5, and
WHEREAS, Resolution 5901, passed on May 8, 1978, and published in the
official newspaper on four consecutive weeks, namely May 17, 24, 31, and June 7,
1978; proposed to levy city taxes in 1978 in excess of the present levy limit
base and called for a public hearing on such proposal on June 12, 1978, and
WHEREAS, it has been determined necessary and expedient for the city
to protect its revenue producing capabilities for 1979- and future years.
NOW, THEREFORE, BE IT RESOLVED by the City of Richfield, as follows:
1. There is hereby authorized a city tax levy in 1978,
payable 1979, in the amount which would be permitted
with a 10 percent increase in the city's levy limit base;
but in no event shall the amount of increased levy exceed
$399,272.
2, The actual final levy for taxes payable in 1979,
including the additional levy authorized above, shall
be determined according to City Charter, Section 7.07 at
the time the 1979 budget is adopted including the appropriate
resolution certifying the taxes to be levied.
3. That the City Clerk be directed to publish this
resolution in the city's official newspaper,
Passed by the City Council of the City of Richfield, this
12th day of June, 1978.
Loren L. Law Mayor
ATTEST:
Thomas J. Moran City Clerk
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
' Council Letter No, 180
.. Agenda June 12, 1978
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Proposed Wine Licensing Ordinance
At the May 8, 1978 city council meeting, the city council deferred to
the June 12 council meeting the consideration of a proposed wine licensing
ordinance. At that meeting, the city council asked the city staff to contact
other metropolitan area cities that issue wine licenses to determine what
their experience has been in the. issuance of such licenses , The following area
cities presently issue wine licenses:
Outstanding Time License
City License Fee Licenses Held
Apple Valley $ 500 0 -
Blaine $ 600 0 -
Fridley $ 700 0 -
Golden Valley $2,000 1 approx. 3 years
Hopkins $ 500 2 12 years
Plymouth $2 , 000 1 4 months
Prior Lake $1,250 0 -
Minnetonka $2 , 000 2 6 months
St, Anthony $ 250 1 3 years
Stillwater $ 200 1 approx. 22 years
~ Minneapolis $2, 000(Class A) 12 2 years
$1,735(Class B)
$1,500(Class C)
Council Letter No. 180 -2- June 12, 1978
Discussions with these cities indicated that none of the existing
licenses appear to be creating additional public safety problems. While
the licensing ordinances in each of these municipalities contains a
minimum seating requirement, ~•none of them include a minimum square footage
or a minimum market value requirement.
A copy of a proposed wine licensing ordinance prepared by the city
attorney is attached. This ordinance does not include a minimum square
foot or minimum market value requirement, although such could be inserted
in Section 11.OB, subdivision 1(3) on Page 1 of the- proposed ordinance.
The council has also discussed establishing a maximum number of
on-sale wine licenses . If there is to be a requirement for a maximum
number of on-sale wine licenses, this figure should be inserted in
Section 11.OB, subdivision 2 on Page 2 of the proposed ordinance.
If the council wishes to provide for on-sale wine licenses, it could
act to give first reading consideration to the ordinance at the June 12, 1978
city council meeting.
Respectfully bmitted,
~~~
Wayne S. Burggraa
City Manager
WSB/res
cc: Public Safety Director
City Attorney
J . .
AMENDi~iENT 'I'0 CHAPTER XI AND APPEtiDIX D
GF THE ORDINAt3CE CODE OF THE
CITY OF RICHFIELD
City of Richfield does orcia.in:
1. Chapter XI of the Ordinance Code of the City of
Richfield relating to liquor anct intoxicating beverage
control is hereby amended by adding after Section 11.07
therein, the following ne~a Section:
"11 . U8 GN-SALE VdINE
Subdivision 1. Def niticns. The following terms
have the meanings a.scribea to them in this
section:
(1) The term "wiine" means ana includes all
~ ~ vinous beverages nct exceeding 14 percent alcohol
by volume.
(2) "Sale" and "sell" ana ".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
establishmec~t under the control o= a single
proprietor or manager, having appropriate
facilities to serve meals in one or more d.inina_
rooms having a total area of at least _
square feet, and where in consideration of payment
therefor, meals ar.e regularly served at. tables to
the general public, and ~,~hich employs an adequate
staff for. the usual and suitable service to its
quests and the ;or_incipal part of the business of
which is the serving of foods. Z•he area to be
used in computing such __ square foot minimum
_ shall be the gross floor area of the restaurant
including wine. Basement ar.~as, hocaever, shall
not be counted for the purpose of meeting such
_ squar. e f oot rn in imam requirement .
(4) `L'he term "on-sale" means the sale of
wine by the glass, or. by the drink for. consumption
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(f} .street addresses at which applicant
and present spouse have lived during the preceding
ten years.
(g) 6vhether the applicant in the case
of a natural person, or his spouse, or the manager
and all persons holding or possessing an interest
in the business to be licensed have ever been
convicted for violation of any law of the United
States, State of Minnesota, or any other~stat-e or
territory or any municipal ordinance.
(h) WiZether 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
rec_:uest, exhibit all discharges.
(j) The name, address arld 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, c~rhether of whole or half
blood, or who is a brother-in-law or sister-ir.-lac•~
of the applicant or his spouse.
(:~} If the applicant is a part.ernsh.ip, the
naTes and addresses of all partners and all
information concerning each partner as is rec~uireci
of a single applicant in Paragraph {"Z) above. A
managing partner., or par.tn~r.s, shall be
designated. The interest of .each partner in the
business shall be disclosed. A true copy of the
partnership agreement shall be submitted wzth the
application.
(~} If the applicant is a cor.por.ation or
otter orgnizat.ion and is applying for an "on-szle"
license, the following information shall be
furnished:
{a) The name, ana, if incor.poratea, the
state of incorporation. .
(b) A true copy of the certificte of
ir.cor~or.ation, ar.t.icles of incorporation or
association agreement and bylaws.
(c) The name of the manager or.
-5-
application.
(lU) The names, residences and business
addresses of three persons, resiaents of Hennepin
County, cf yood ~~aral character, not related tc
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 required of a manager, the, - -
manager's character.
(11} Whether or not all real estate and
personal property taxes for the premises to be
licensed have been paid and, if .not paid, the.
years for which delinquent.
(12) Whenever the application for an
"on-sale" license, or for a transfer thereof, is
for premises either planned or under construction
or undergoing substantial alteration, the
application shall be accompanied by a set of
preliminary plans sho~.aing the design cf the
proposed premises to be licensed. If the plans or
design are on file with the city engineer., nc
~~, plans need to be filed ~e.ith the city clerk.
' (l.s) Such other information as the city
council shall require.
(14) Proof t;~at the applicant has
complied with all of the procedures required under
the zoning regulations cf the city to qualify the
proposed licensed premises as an approved
location. The council shall not act upon an
application for a license until all such
regulatians have been complied with and final
approval of site and builhing plans have been
given by the council.
Subd. ~. Execution of Application. If the
application is by a nat!iral person, by an officer
thereof; if by a partnership, by one of the
partners; if by an unincorporated association, by
the manager. or managing officer thereof. If the
applicant is a par.t.nership, any license, bond and
- insurance policy issued shall be in the names of
all par.tner.s.
Subd. 6. Rene~~~al Application. Applications for
the renewal ot`an existing license shall be made
at least 60 gays prior to the date of the
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this Code. ~!'he investigating fee shall not be
subject to refund. If the expenses of the
investigation relating to an application exceen
the investigating fee paid, the city shall notify
the applicant of trris fact and shall require the
applicant to pay an additional investigating fee
as provided in Appendix D of this Code which the
city manager deems necessary tc complete its -
investigation of the applicant. The applicant
shall pay such an additional investigating fee
within five (S) 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 par t of the fee pa ict for any 1 icense
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 ocaner.ship, .interest cr control of a
partnership or a corporation, the licensee shall
pay an additional investigative fee as provided in
Appendix D of this Coae .
Subd. y. Granting of Licenses. The following
procedure shall be followed~in processing
appl.icat.ions for licenses under this section:
(1) All applications for a license shall be
r.efer.red to the public safety director, and to
such other city department as the city manager
shall deem necessary, for verification ancr
investigation of the facts set forth in the
application. The chief of police shall cause to
be made such investigation of the infor,<<at ion
requested in Subdivision 4 as shall be necessary
and shall make a written recommendation and reoort
to the city council which shall include a list of
all violations of federal or state late or.
municipal regulations.
(2) Upon completion of the manager.`s
preliminary report and within 20 days thereafter,
the manager may r.ecomir~end to the council that a
public hearing be held upon the application. The
council shall thin instruct ti:e city clerk to
cause to be published in the official newspaper 10
days in advance, a notice of- the hearing to be
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~a
repute.
(4) Who, if an individual, is an alien.
(5) Who, within five years prior to the
application for such license, teas been convicted
of any willful violation of any law of the united
States, the State of i~iinnesota, or any other state
or territory, or of ar.y local ordinance, with
regard to the manufacture, sale, distribution, or
possession fcr sale or distribution cf ~ ~ '
intoxicating liquor or wine, or whose liquor or
wine license has been revoked for any willful
violation of any such laws or ordinances.
{o) 6Vho is a manufacturer or wholesaler of
intoxicating liquor.
(7} 6Vho is directly or indirectly interested
in any other establis~ment in the city to ti~hich a
license has been issued under this section or
under Section 11.06 of this Code. The word
"interested" as usea in this paragraph includes
any pecuniary .interest in the ownership,
operation, management or profits of such an
establishment.
(~} tvho, if a corporation, does not have a
manager who is eligible pursuant to the provisions
of this section or w~~ose corporate stock is owned
or subject to the ber:ez.icial interest of any
person or the spouse of_ any person ineligible for
Iicensure under paragraphs 2, 3, 4, 1 and 6 of
this subdivision.
(9) Fiho is the spouse of a person ineligible
for a license under paragraphs ~, 5 or 6 of this
subdivision and caho, in the judgment of the city
council, is not the real party in interest or
beneficial owner of the business operated, or to
be operated, under the license.
(lU} A license :~,ay not be granted or. renewed,
if, in the case of an individual, the licensee is
not a resident of the city at the time of
issuance; if, in the case of a par.tner.ship, the
managing partner is not a resident of the city at
the time of issuance; or, in the case of a
corporation, if the ,tanager is not a resident of
the city at the tine of issuance. Any "on-sale"
license, once issuea, shall be effective only as
long as the licensee, the managing partner., or the
manager., as the case -gay be, remains a resident of
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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 tl'ie 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
const.itd'ting the place in cvhich 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, to any
habitual drunkard, to a minor or to any person to
whom sale is prohibited by state law.
(FS) No licensee or any of his employees
shall keep, possess, or operate or. permit the
keeping, possession or operation of any slot
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machine, dice, or any gambling device or apparatus
on the licensed premises, or in any room adjoining
the licensed premises, nor shall any such person
permit any gambling therein.
(9 ) No 1 icensee or an_v of h is ernplcyees
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,
san.itar.ian, building inspector or any properly
designated officer or employee of the city st~iall
have the unqualified right to enter, inspect and
search the premises of the licensee during
business hours without a warrant.
(11) Clo "on-sale" liquor establishmc,nt shall
display wine to the pu~l_ic during hours ~~;hen tine
sale of liquor. is prohibited by this ordinance.
_ (12) No licensee si1a11 apply for or possess a
• federal wholesale or retail. liquor dealer's
special tax stamp or a federal gambling stamp.
(13) Changes in the corporate or. association
officers, cor.por.ate charter, articles of
incorporation, bylaws or partnership agreement, as
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 subGivision 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 6f 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 licensed business,
(b) That the licensee will pay to the
city_when due all taxes, license fees, penalties
and other changes provided by law.
(c) That in.the event of violation of
,_ any la~•r relating to the business f~Y ;ahi ch tn?
license has been granted for the sale of wine, the
bond shall be forfeited to the city.
(5) P_11 such bonds shall provide that no
cancellation fcr. 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, aadressed to the city manager, of intention
to cancel the bond.
Subd. l~. Liability Insurance.
(1) Prior to the issuan~~e of an "on-sale"
wine license, the applicant shall file with the
city clerk (a) a public liability insurance policy
providing cover. age of at least $250,000 and
$500,000 and (b) a liquor liability policy
covering liabilities unaer the provisions of
Minnesota StUtutes, Section 3~0.9o and providing
coverage of at least X100,000 and $300,U(i0. The
city shall be named as an additional party insured
on each of such policies.
(2) Such policies shall provide that no
cancellation for any cause shall be mode by either
the insured or the insurer. without first giving
written notice of such cancellation to the city at
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any public place not licensed in accordance with
this cod, and the laws of the State of ~•Sinnesota.
Subd. 18. Revocation. 1•he city council may'
susoe::d 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 laces of the state, is grounds for
manaatory revocation.
Subd. 19. Revocation Procedure. The licensee
shall be afforded an ropportunity for a hearing
pursuant to i~innesota Statutes Sections 15.(;418
and 15.0426 before the city council may vote
whether to revoke or to suspend its license. No
suspension shall exceed o0-days.
Subd. 20. Licensing of Employees.
(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 t:rri~ section, and no licensee shall
permit any such person to be sc er,:ployed, unless
such person, within seven days after being first
emplo~,~ed, shall apply for a license to engage in
such business. No person may be so employed for
any length of tune if his license is denied or
revoked.
(2) :.=ln application for. such license shall be
filed with the city clerk upon farms provided by
the city and such application sha11 be verified
under oath and shall contain t;n~ follo:ving
infor. rat ion
(a ) `hhe names and addresses of tsvo
residents cf :~ennepin County, ~~~innesota, who have
kno;•m the applicant fer a period of two years and
caho tv ill vouch for the sobriety, honesty and
general good character. of the applicant.
(b) A concise history of the
applicant's previous ei::olovment.
(c) The r.ecora, if any, of ar.r.ests and
of convict ions for cr. i:<<es and m~ isdemearlors other .
than traffic offenses.
(3) 'f he annual license fee for any such
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to person or from place to place.
_ (3) Any change in the business structure or
organization of the licensee including, but not
lir::ited to, changes in the corperate or
association officers, charter, articles of
incorporation, b_ylat~iS or partnership agreerent.
(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, br.cther,
sister or child, 50 or more of the voting shares
cf stock.
(6) Z°he creation of any new pecuniary
interest in the ownership operation management, or
profits of the licensees business.
(%) 'The existence of any other situation
:~rhereby 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 £s of the Ordinance Cone of the City
of Rice^.f field, IvIinnesota, is hereby amended by adding after
paragraph (2}d, the following ne,a subparagraph:
"d. Wine 11.U~3 1 year ~2,000.UU"
3. A.oendix D, Section 8 of the Ordinance Code of the City
of Richfield, NIin:,eseta, is hereby amended by adding after
paragraph (3)b the following new subparagraph:
"c. S^]ine estas~lishment ll.u~ ~5/yearjperson covered"
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~.
Passed by the City Council of the City of Richfield,
Minnesota, this day of , 1y7t3.
Loren L. La.v, i•iayor~~~
ATTEST:
Thomas i~,oran, City Clerk
l