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09-22-75 agenda,~ ~.;. RESOLUTION N0. RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR CITY GENERAL ELECTION BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. That there will be a city general election. on Tuesday, November 4, 1975.. 2. That said election shall be held at the polling places as herein appear specified, and that the following are hereby appointed as judges for said election: PRECINCT N0. POLLING PLACE ELECTION JUDGES 1 Mt. Calvary Educational Building S. Gisselquist, Chr. 6541 16th Avenue South M. Hines M. Kvaale M. Lindgren 2 City Hall V. Bennis, Chr. 6700 Portland Av. S. J. Gera G. Sanders , F. Oreck 3 Sheridan School J. Emerson, Chr. 64th St. at Sheridan Av. w. B. Workman D. Peterson M. Alquist • 4 Lincoln Hills School S. Olson, Chr. 75th and Penn Av. S. C. Alfano M. Gera G. Seward 5 West Jr. High School M. Prottengeier, Chr. 74th and Oliver Av. S. J. Schleuder G. Dahlien G. Hegdahl 6 Berea Lutheran Church B. Obenchain, Chr. 76th and Emerson Av. S. M. Evans J. Lofstrom B. Lais 7 Central School D. Vidas, Chr. 72nd and Harriet Av. S. F. Sullivan R. Pritchard P. Bunting 8 Portland School BoLake, Chr... 72nd and 4th Av. S. I. Graham P. Bodahl E. Grundmeyer n LJ ~ xV !~ Resolution No. (Continued) -2- • PRECINCT No. POLLING PLACE ELECTION JUDGES 9 Assumption Activities Bldg. E. Johnson, Chr. 305 E. 77th St. M. Bernstein A. Winslow C. Dumas P. Wolf 10 Centennial School C. Cosgrove, Chr. 73rd and Bloomington Av. S. R. Holm P. Brestrup J. Schaefer Passed by the City Council of the City of Richfield this 22nd day of September, 1975. Loren Law, yor • Attest: omas J. Moran, Cler ~.; ' u__ t ~ ~ ". 1 -CITY OF RICHFIELD, ,MINNESOTA ' ~ < .` ; ` '` r, ,Office of City Manager ,~ ;.~;'~= - ~~ Council Letter No. 311 ~~ Agenda September 22, 1975. ~~~~ The Honorable Mayor a1d Members of the City Council -City of Richfield - Gentlemen: Subject: Fairwood and IVlonroe Park At the city council meeting of September 8 , 1975 , the .city council requested the Park and Recreation Advisory Commission to consider can struction of the third baLlfie`ld at Monroe Park and to report back to the ~o;u"neil. Neighbors in the Monroe Park area who raised the que tion'before the council. were referred to the advisory ,commission meeting of September -11, 1975, where the question was included as an agenda item for discussion. The Monroe Park neighbors did appear before the advisory commission ~,~~ ~ ~, ~~ `, . 2,~`a,t'"the September 11 meeting; requested Ghat work on the ballfeld be .halted. - ~ '.~T~he; commission requested that the neighbors and the special interest group, he West Richfield Girls Softball Association, appear before the commission ,~ , again at the October 8, 197.5 commission meeting. The decision of the ci'~y (~~f~~~~ \, council to stop work on this project will remain in force unti t e city council "`~"` has `an opportunity to consider and act on a recommendation which the 1 .commission .will develop at its Dctober 8th meeting. *:' Respectfully ubmitted, ' ~ i W ~i Wayn S'. Burggraaff 'ty Manager WSB/eja cc: Acting Park and Recreation Director ~; wp'i~.i.~r~41-, ~, ~ S~~ ~~ ~~ ~~ ~~ CITY OF RICHFIELD, MINNESOTA Office. of City.. Manager • Council .Letter No . 310 Agenda September 22, 1.975 The Honorable Mayor and . Members of the :City Council SGity of Richfield Gentlemen:. ` Subject.: Request for On-Sale Liquor Ordinance` Amendment to Permit Consideration of Leman Tree Restaurant On- Sale Liquor License Application - ~~~~ ;: . Jerome V. Blatt, attorney for_Lemon Tree Restaurants.,.. Inc. , has subniitted~ the attached letter requesting an opportunity to appear before the° city council. +I The city's pre sent, on-sale lquor'license.ordinance would preclude application ', -., ,s by Lemon Tree Re taurants, Inc. for an on-sale liquor license because the restaurant does .not. meet the minimum. square feet requirements . A copy of -the ~ : s ~~. ~;, .a,. , on-sale liquor ordinance is attached for your information. The attached letter requests that the council consider: amending the provisions of the, ordinance to ~p~rm.ia Leman Tree :Zestaurants, Inc. to submit an on-sale liquor license applica- ~~ ` ' ten for their restaurant at $18 West 7Z 1/2 Street, This request has been reviewed by the .staff and it would seem difficult to .~~~ us to develop. this kind of amendment. 'Moreover, we have given some review to`the`parking requirements which might be required if Lemon Tree Restaurants Inc°: were to submit an application. It is the opinion of the planning director, in which I concur,, that in spite of the shared parking which occurs in the vicinity of this restaurant, there would in all probability be a ;parking .space deficierjcy of somewhere around 150 to 170 spaces during peak hours. While the parking problem would not even. be before the .city council unless an application was filed. by the Lemon-Tree`Restaurants, Inc. , we thought-that we should. bring it to the attention of council members in view of the problems which were assoc- fated with the Left Guard. Restaurant and its parking needs .` In the event.the .city council should conclude that some form of amendment should be made to the an-sale liquor license .ordinance. relative.to gross floor area required, the city attorney should be requested to prepare such an amendment for city council consideration at a future meeting.- Re pectfully.submtted, Wayne S. Burggraaff City Manager ~ f ^ ,"' ~~ ; 4; ~: JER~ME V. BLATZ • .GARY A. FLATTEN JOHN K. BOUgUET td. J. GALVIN, SR. LAW ^FFICES J E R O M E V. B LATZ ~~o, HARRIET AVE. 9O. MINNEAPOLIS MINNESOTA 55423 • PHONE 866-471 Mr. Wayne S. Burggraaff City Manager City of Richfield 6700 Portland Avenue SQUth Richfield, Mn. 55423 Re: Lemon Tree Restaurants Inc. Application for Liquor License Dear Mr. Burggraaff: I write in accord with our telephone conversation-of a .short time ago. As you know,' Lemon Tree Restaurants Inc, by James W. Assimes attempted . .to file an application for a liquor license for the premises, wit.li expansion area, at 818 West 77-1/2.Street in the City of Richfield. The contemplated area encompassed 8, 000 square feet which. is less than the amount required under the ordinance. Because of the Commissary available to this re- staurant a short distance away,: the Lemon Tree will actually .have more room for the seating of customers- than the usual restaurant. with the 10, 000 square . feet would have. We would like to submit this matter to the Council for its - consideration and request that the Council amend the ordinance to permit such a variance. Will you kindly set this matter on the Council agenda for September 22, 1975. Yours truly, . X-r- r ~. v 1 ~~=1 Jerome V. B1atz JVB: tg ~~,~ ~UJ L~-, L1 ; . 5EN 3 ~ ~ ~~~_. tZiCt-11Li'. L~ ~ 1i,06 •ON-SALE LIQUOR Subdivision 1. Definitions. The follocring terms ,have the meanings ascribed to them in this section: , (1) The term "intoxicating liquor's means and includes ethyl alcohol and includes distilled, fermented, spiriaous, vinous and malt: beverages containing in excess of 3.2 percent of alcohol bg weight. (2) "Sale" and "sell" and "sold" means all barters ~.nd all manners of furnish- ing intoxicating liquor including such furnishing in violation or evasion of lace, (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 10,000 square feet., and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs.an adequate-staff for the usual and suitable service to its. guests and.the principal part of the business of cahich is the serving of foods. The area to be used in computing such 10,.000 square foot minimum shall be the gross floor area of the restaurant including areas for the preparation and serving of food and liquor. Basement areas, however, shall not be counted for the purposes of meeting such 10,000 square foot minimum requirement. (4) The term "hotel" means and includes any establishment having a resident proprietor or manager, where, in consideration of payment therefore, food and lodging are regularly .furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding .and .other usual,~suitable and necessary furnish- ings in each room, crhich is provided at the main.entrance,with a suitable lobby, desk and office for the registration of its guests on the ground floor, c•~hich employs an .adequate staff to provide suitable and usual service, and which maintains, under the same management and control as the rest of the establishment,. a restaurant as an ' integral part thereof. (5) The term "on-sale" means the sale of intoxicating, liquor by the glass, or by the drink for consumption on the premises only, (6) The term "off-sale " means the. sale of intoxicating liquor in the original package in retail stores for consumption off or array from the premises cahere sold. (7) "Minor" means any person under the age of is years, (Bill 1973-14}..6/25/73 Subd. 2. License Required. No person,_ except caholesalers or manufacturers, to the extent autharized under state license, shall directly or indirectly deal in, sell, or keep .for sale any .intoxicating liquor for "on-sale17 sale without first having received s license to do so as provided in this section. 1°On-sale" licenses shall be issued . only to hotels and restaurants. No ,more than five "on-sale" licenses may be issued to hotels and restaurants. Subd. 3. Applications for License to be Verified. Every application for an "on-sale" license shall be verified and filed c~~ith the city clerk. Subd, 4. Contents of Application. In addition to information which may be required- by the state liquor control .commissioner, the application shall state; (1) Sahetlier ;thh 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-address of applicant.. b [•ahP her a licant has ever used or been k ocrn b a dame other khan his true name ~nd, i~ so, ~a~iat was such name, or names, an~ information concerning dates and places.-where used. • 279.1 6/25/73 .. i 1.07. SUNDAY LIQUOP..SALE LICENSES. bdivis.ion 1, Eligibility. Noti~iths anding the other provisions of the Ordinance co e, establishments to ~~~hich on-sale licenses may be issued for the, sale of intoxi- cati g liquor, ~~~hich are (1J hotels and restaurants qualified for licenses in Section 11.06 f this code, or (2} clubs as defined in T-1inn, Stat. , Section 3<<0,07, and ~ihich have fa ilities for serving not less than 30 guests at one time,-may serve intoxi- cating l uors on Sundays betr~een the hours of 12:00 o'clock noon and 12:00 o'clock midnight i conjunction ~~ith the serving of food. Subd. 2. Lic nse Pequired. It is unlawful for any such establishment, directly or indirectly, to ell or serve such intoxicating liquors as provided in subdivision 1 of this section ithout having first obtained a special license to do so from the city. Subd. 3. Term; Fee. Such special license may be issued by the city council for a license year coextens ve with the license year of the on-sale liquor license of such establishment. In no vent shall such special license be for a period of more than twelve months. The fee or such special license for any license year shall be $200. A special Sunday license 's not an additional license ~~~ithin the meaning of Section 11.06, Subdivision 2. . Subd. 4. Application, Appl ation for such special license shall be made to the city in the same manner as applica 'on is made for on-sale licenses under the provisions of Section 11.06 of this code. i•1 re an application for such on-sale license has been made or is being made, the appli ation for the special license need not •repeat, but may adopt, the information contai ed in the application for such on-sale license.. Subd. 5. Procedure. The procedure or the .granting of such special. licenses shall be, insofar as applicable, the same ', the procedure for the granting of on-sale licenses under .Section 11.06 of this c; de, except that-the council may dispense ~•~ith calling_or holding a separate hearingjo such special license and no separate or additional bond,-investigating fee or'Iin urance shall be required from the licensee. for such license. Subd. 6. Application of Liquor Licens~'Ie Ordi ance. The provisions of Section 11.06, subdivisions 12, 14, 15, 16, 17, 1S, 119, 20, d 22~sha11 be applicable to any establish- menu.holding a special license pursuant to this section. (1972-19) 11/27/72. • (c) The name of the business if it is to be conducted under a designation, name or style other than .the full individual name of the applicant. (d} Whether applicant is married or single.. If married, true name, place and date of birth and street residence. address of applicant's present spouse. (e) Whether applicant aid present- spouse are registered voters, and, if so, where . (f) Street addresses at which applicant and present spouse have lived during the. preceding ten years.. (g) Whether applicant or his spouse has ever been convicted b~ any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. (h) Whether applicant or his spouse has ever. been engaged as an employee or in. operating a saloon, hotel, restaurant, cafe, tavern or other business of a simi- lar 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 discha=ges. (j) The name, address. and business address of each person who is engaged in Minnesota in the business of selling, .manufacturing or distributing intoxicating liquor and._who is nearer of kin to the applicant. or his spouse than second cousin, whether 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 partnership, the names and addresses of all partners and all information concerning-each partner as_is required of a single applicant iri Paragraph (2) above. A managing partner, or partners, shall be designated.. The in- terest of each partner. in the business shall. be disclosed. A true copy of the partner- ship agreement shall be submitted with the application. (4) If the applicant is a corporation or other organization and is applying for an "on-sale".license, the following information shall be furnished: (a) The name,and, if incorpor ated, the state of incorporation. (b) A true copy of the certificate of incorporation, articles of incorpora- tion or association agreement and bylaws. (c) The name of the manager or 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 in excess of 5%, or who are officers of said corporation or association, together with their addresses and 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, locattion of buildings, street access, parking facilities and the locations of and distances to the nearest church building and school grounds. (6) The floor number and street number where the "on-sale" sale of liquor is to be conducted and the rooms where liquor 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 nu+lbier of persons intended to be served in each of said rooms. (7) If a permit from the federal ,government is required by the laws_of the United States, whether or .:not such permit has been issued, and, if so required, in what name issued, and the nature of the. permit. ~ ', (8) The amount of the .investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, et c.,~and-proof of the source of.such money. 279.2 2-23-70 Subd. 20, Li.censin.g of E'mpl.oyees. (1 No person shall. work. as a manag er-,.bartender, cocktail waitress or i.n any capaci where such person se1.1s or. se rves i.ntoxi.cating liquor in premises l:i.- censed der this sec. t:i.on, and no lice nsee shall permit any such. person to be so employed.,- unless such. person., w:i.th:in s even days oft:er being first employed, shall apply for. a license to engage i.n such business. No person may be so employed. for any length o time. if. h:i.s li.c:ense is d enied or revoked, (2) An. appl.. cation. for such l.i.cense shall be fil.e:~ wi."t-~. the city clerk uponforms provided by the ity and-such appii.cat 'on shall be verified under oath and shall contain the. foll.o 'ng i.nformati.on: • (a) 'I~n.e na es and addresses o two residents of Hennepin County, M:innesot~~, who have known the a licant for a per. ~i.od of two years and who will vouch for the • sobriety, honesty and eneral good .cha racter of the applicant. (b) A concise istory of~the applicant's previous employment. (c) 'I`Y?e record, 'f any, of arrests and of convictions for crimes and mis- demeanors other. than traf` offenses.', (3) The annual "on-sale" 'icense fe ',e for an.y such person shall be $,5.00 and shall. be paid in advance. A 'cense s hall expire on June 30th next following its effective date. (4) 7.rhe appli.cat.i.on shall be ferr d to the pol~.ce department which shall i:n- vestigate the facts set forth in e a pplication and make a written report hereon at the earliest practicable tame. f thepol:i.ce department recommends that such person be licensed, the city .clerks 11 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 h' e ing before the city council and may offer. evidence to prove the license should be L sued. (5) No person shall be issued a license 'f it appears that he has coms-nitted an act whi.cY: is a wil.lfal violation of Mrnneso Statutes 340.07 through 340.40. • (6) Any license issued. hereunder mad be re oked for any_vi.olation of this section or of Minnesota Statutes 340.0 throug~ 340x40 r for conviction of any crime or .misdemeanor invol.v:~ng moral turpitude.. Subd.. 21.. License Year> Repealed (11973.2). 3/12 3 See 1.1,0,6, Subdivision 8, Paragraph 2. xte.nsion of P mi.ses. Proposed enlargement, Subd. 22. Enl.argeinent Alternations or E _ _ alteration or extension of premises pr;evi:ousl.y licensed hall be reported to-the city clerk at or befar.e the t:i.me appli,cai-ion :Ls made for buil.din.g permit: for-any such cl?ange and .the l:i.cen.see shall al.s'o give such i.nformat. on as i.s requ:i.red by Su.bdi:vison 4.. (70-•1) 2/23/70. • ~ 1. ,79.9 3/12/73 (9) The-names and addresses of` all persons, .other than the applicant, ,who have any financial interest in the business, buildings, premises, fixEures, furniture, stock in trade; the nature of such interest, amount thereof, terms for payment or • other reimbursement. This shall .include, but not be limited to, .any lessees, lessors, mortgagees, mortgagors, lendors, lien holders, trustees, trustors and persons who have co-signed dotes or otherwise. loaned, pledged.,. or extended security for any in- debtedness of the applicant. _(10) The names, residences and business addresses of three persons, residents of Hennepin County, of good moral character, not-related to the applicant or financial-~ ly interested in the premises or business,-who may be referred to as to the appli- cant'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 al- teration, the application shall be accompanied by a set•of preliminary plans showing the design of the proposed premises to be licensed. If the-plans or design are on file with the city engineer, no plans need. to be filed with the city clerk. (13) Such other. information as the city council shall require. (14) Proof that the applicant has complied with all o.f 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 'upon an application for a license until all such regulations have been complied with end final. approval of site and building plans have been given by the council.. • Subd. 5. Execution of Application. ~Tf the application is by a natural person, by an officer thereof; if by a partnership, by oneof the partners; if by an unincorpor- • ated association, by the manager or managing officer thereof. If the applicant is a :partnership, any license, bond and insurance policy issued shall be in the names of • all partners. Subd. 6. Renewa Application. Applications for the .renewal of an ,existing license • shall be made at least 60 days prior to the date of the 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. Accountant's Statement. At the earliest practicable-.time after applica- tion is onade 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-Fees. The following provisions control as to license fees and related subjects:. (1) The annual license fee for an "on-sale" license shall be seven thousand five hundred dollaxa..,($7,500.00). 2-23-70 279.3 Sub. 1<< Liability Insurance. (1) Prior to the. issuance of an "Ion-sale" liquor license, the applicant. shall file (a) public liability insurance policy and (b) a liquor liability policy - covering 1 ability under the provisions of Minnesota Siatutes. Section 340.95. Each of suc policies shall provide coverage of at least $100,000 and $300,000. The city sha l be named as an additional party insured do each of such policies. (2) Suc policies shall provide that no cancellation .for any cause shall be made by either. he insured or .the insurer wi hout first giving t~ritten notice of - such eancellatio to the city at least 30 :days prior to the effective date of the cancellation. (3) Such policies of insurance s all further provide that no~paym~nt of any claim by the insura ce company shall i any manner decrease the coverage provided for in respect to an other claim or claims brought ~.gainst the insured or the in-' Suring company. (4). Such policie shall be subject to .approval of the 'city attorney as to form and execution and shall e issued by cdlmpanies who are duly licensed to do business in the State of Minnesot Such policies, when approved by fhe proper city officials, shall be deposited with t city clerk.!, Subd. 15. Hours of Operatio No "on-sale" sale of intoxicating liquor shall be made during the times ~•~hen su h sale is prohibited by state law. Subd, i6. Restricti.ons Involvi g Sale to Minors. (1) P1o licensee, his agent or employee shall serve or dispense upon the licensed premises any intoxicating liquor -o a minor; nor shall such licensee; or his agent or employee, permit a minor to be fur fished or consume any such liquors on the licensed } • premises. (2) Any person ~•~ho may appear o~,~the licensee, his employees or agents to be a minor shall, upon demand of the licen ~e, his employee or agent, produce and permit to be examined an identification card, in uding a driver's license, or non-qualification • certificate issued by the State Departm t of Public Safety.. (Bill 1973-14) 6/25/73. Subd. 17. Other Restrictions on Purchase r Consumption. (1) No person shall give, sell, rocu e or puY•chasc intoxicating Liquor for. any person to whom the sale. of intoxicatn qu is forbidden by law. (2) No person shall mix or prepa e into 'eating liquor for "on-sale" consumption in any public place not licensed in ac ordance ith this code and .the laws of the State of Minnesota. Subd, lam. .Revocation. The city.-council-may suspe or revoke an "on-sale" license for the violation of any provision or condition of is section or of any state lazo or federal law regulating intoxicating Liquor and sha 1 revoke such license for-any . willful violation which, under the laws of the state,. grounds for mandatory revo- cation. Subd. 19. Revocation Procedure. The licensee shall be gra ted a hearing upon at leasttten days' notice before revocation or suspension is or Bred by the city council in cases where mandatory .revocation is not provided by law. ch notice shall state the nature of the charges against the licensee. The notice ma be served upon the .licensee personally or by leaving the same at the licensed premi es with the person in charge. thereof. Nd suspension shall exceed`sYty days. - _ (1970-23) 7-27-70, ~ ', ~79.II ~ 6/25/73 A (2) At the time o.f each original application for a license, one-half the annual license fee shall be paid ~~he.n the application is L-il~~d and the ~emainin~ balance shall be paid before the license is issued. At the time of- renewal of a license, the total annual license fee s5aI1 Le paid c•~hen the application i_s fi.led. All licenses expire on December 31, of each year. 1•Ihen an original 'license is issued. for a portion of a year the license fee shall be prorated at they rate of $625.00 per month or portion of a month remaining in the license year. All fees-shall be paid into the general fund , of the city. Upon rejection or c•rithdrawal of any application .for a license, the license fee shall be refunded to the applicant except cohere rejection or withdrawal is for a willful misstatement in the license application.- (1973-?_) 3/12/73. (3) At the time of each original application for a license, the applicant shall. also pay a minimum investigating fee. This minimum fee shall be One hundred Dollars ($100.00) for each person shown on the application, whether a proprietor, partner, manager, shareholder or officer. The minimurn investigating fee shall not bo•subject to refund. If ..the expenses of the investigation relating to any application-exceed the minimum investigating fee,. the city shall notify the applicant of this fact and shall require the applicant to pay an additional investigating fee cahicli the city manager deems necessary to complete its investigation of the applicant. The applicant shall pay such an additional investi;atin~ fee caithin five (5) days of .being so notified. If such additional 'investigating fee is not paid ~•~ithin such 5-.day period, the city shall dis- continue consideration of the application. . (y.) iT~ part of the fee paid for any license shall be refunded except in accordance c~~ith this section or c~ith city. council action. (5) At any time that an additional investigation is required because of a change in the ocmership or control of a partnership or corporation or because of an enlarge- ment, alteration, or extension of premises previously licensed, the licensee shall pay an additional investigating fee in the amount of $75.00. Subd. 9. Granting of Licenses. The following procedure shall be folloczed in processing applications for licenses under this section: (1) All applications for a license shall be referred to the chief of police,. and to such other city department as the city manager shall deem necessary,fo-r verifica- tion and investigation of the facts set forth in the application.. The chief of police shall cause to be made such investi~ati.on of the information requested in pub-division 4 as shall be necessary and. shall make a-c•~ritten recommendation and report to the city council which.-shall include a list of all violations of federal or state lacy or municipal- regulations. (2) Upon receipt of the caritten report and recommendation:by the chief of police -and ciithin 20 days thereafter, the council shall instruct the city clerk to cause to be ' puvlished in the official newspaper l0 days in advance, a notice of a hearing to be held.. by the city council., setting forth the day, time and place when the .hearing dill b.e held, the name of the applicant, the premises eahere 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' of the 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 requirements of the ordinances of .the city and in accordance c~i_th the representations-made by the applicant.- If a. license has been granted but its issuance has been c~~ithheld pending completion of he premises to be licensed, and if the licensee does not proceed c•~ith reasonavle dispatch- Co ready the premises, the council may rescind. the action granting the license. Such action shall not be taken, hoc ever, without giving the licensee at'least eight days., notice of the time and place of a hearing on the proposed rescission. 279.4 3-12-73 (14) Eft the time~a licensee submits his application for. renewal of a license,. he shall tate the nature or amount of~~ny eontributior. he has made for campaign Or politic l purposes, the person to w om the contribuCion was made and the persoiz or organizes ion for whom intended. (15) A estauran.t shall be conduc ed in such a manner that the principal part. of the busine s for a license.year is the serving of foods. A hotel shall be conducted in s ch a manner that, of that part of the total business attributable to or derived f om the serving of foods and intoxicating liquors, the principal part of the busi ss for a license year is the serving of food. (10) Restaur is and hotels shall display a.sign calling attention to the open bottle law. (17) No transfe of a license sha 1 be permitted from place to place or person to person without com ying with a1T o the requirements of an original application, including the payment o all fees and 'ncluding the approval of the city council and the liquor control commi sinner. - (13) No licensee sha l sell, offer for sale, or keep for sale, intoxicating liquors in any original pa age which has been refilled or partly refilled. No licensee shall directly or t rough any ;other person delete or in any manner tamper with the contents of any orig al package so as to change its composition or alcoholic content while in the riginal package, Possession on the premises by the licensee of any intoxicating liq or in he original •package differing in the compo- sition or alcoholic content. in th liqu r when`received from the manufacturer or wholesaler from whom it zaas purchas d s all be prima facie evidence that the contents of the original package has been dil e~, changed or tampered raith. -(19) The business records of the icensee, including federal and state tax. returns, shall be available for inspect, n by the city manager, or other duly author- ized representatives of the city or thec'ty council at ail reasonable times. {20) No sale of intoxicating liquor s 11 be made to or in guest rooms of hotels, unless the rules of such hotels pro 'de for the service of food in guest roams; nor unless the sale of such into icati liquor is made in the manner "cn- sale" are required to be made; nor unle s such alb accompanies and is incident to he regular service of meals to guests herein; r unless the rules of such hotel and the. description, location and numbe of such g est rooms are fully set out in the application for a license. (Bil1.1973-~14) -6/25/7 Subd. 13. Bond. (1) At the time of filing an application fur an "on ale" license, the applicant shall file a bond with corporate surety,,•with the city cle k. Such bond shall be in the amount of $10,000.00. (2) The surety bond required by pa agraph (1) of this su division shall be sub- 'ect to th J e approval of the city attorn~ as to form and execu 'on, (3) T'he surety on such bond shall b a surety company duly, icensed to do busi'- ness in the State of Minnesota. All surety bonds, when approved 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 bu 'ness. (b) That the licensee will pay to the city'~•:hen due all taxes, 1'cense fees, penalties and other charges provided by lava. (c) That in the event of violation of any law relating to the basin ss for which the license has been granted for the sale of liquor, the bond shall be forfeited to the city. {5) All such bonds shall provide that no cancellation for any cause can be ade 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 t cancel the bond. 279.7 ~ 6/25/73 ~ ' ~.~ \ ~~' • (3) Each license shall be issued to the applicant only.. Each license shall be. issued only for the. premises described in the application, (<<) the clerk shall,, c~aithin 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 data, and the date of expiration of the license. He shall 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 Ineligible for License. No License shall be granted to or held by any person: (1) ,Who is ineligible under N:innesota Statutes, Chapter 340. (2) .Who is a minor. (3) ti~Iho is not of .good moral character and repute. (4) Who, if an individual, i_s an alien. (5) Who, t•~ithin five-years prior to the application for such license, has been convicted of any willful violation of any law of the United States, the State of Minnesota, or any. other state or territory, or of any local ordinance, r~ith regard to the manufacture, sale, distribution, or possession for sale or distribution of in- toxicating liquor, or whose liquor 'license has been revoked for any t-Willful violation of~any such laws or ordinances. (6) Who is a manufacturer or c~rholesaler of intoxicating liquor. (7) ti•Iho is .directly or indirectly interested in any other establishment in the city to which a license of the; same class has been issued under this section. The word "interested" as used in this paragraph includes any pecuniary interest in the ormership, operation, management or profits of such an establishment. (~) Who, if a corporation, does not have a manager who is eligible pursuant to the. provisions of this section. (S) Who is the spouse of a person ineligible for a license under paragraphs 4, 5, or o of this subdivision and taho, in the judgement of the city council, is not the real party in interest or beneficial gamer of the business operated, or to be operated, under the license. (10) A license may not be granted or rerie~aed, 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 partnership,, the managing partner is not a resident of the .city at the time of issuance; or, in-the case of a corporation, if the manager is not a resident of the city at the time of issuance. Any "on~salef1 license, once issued, shall be effective only as long as the licensee, the managing partner, o-r the manager, as the case may be, rernains a resident of the city.. (Bill"i?o. 1.973-14) 6/25./7.3 . .Subd. 11. Ineli„ibility for License, Existence of any of the following conditions render any applicant ineligible fo-r receipt of a license: (1) No license shall be granted, or renewed,-for operation on any premises, on ~•~hich taxes,~assessments or other financial claims of .the city are delinruent and unpaid. '(2) No license shall be granted for a foreign corporation. (3) No license shall be issued for the premises ormed try a person to :Thom a license may not be granted under`this section, except an ocmer ~~ho is a minor or an alien. (4) No "on-sale" license shall be granted for a restaurant which dogs not com- ply in all respects ~•~ith-the definition of a restaurant as contained in Subdivision 1 of this section, nor to .any restaurant ~~~hich does not-have a total mart;.et value, in- 'cluding 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, 1570. 279.5 G/25/73 i r ~: ~. {5) Tao "on-sale".license shall b'e granted for a hotel which does not comply in all respects caith the definition of a hotel as contained in Subdivision l of this section, nor to any hotel which does not have a total market value, including- land, 'ouilding and equipment, of at least $1,000,000, as appraised by the city assessor based upon apprai.;al data havi~g a base dato of January 1, 1970. (u) No "on-sale" license shall bye granted restaurrints or hotels unless they , a-re located in general commercial or industrial areas. (1972-11) 6/12/72. Subd. 12. Conditions Governing Issuance. The folloc•~ing conditions govern issuance or a license pursuant to this section:- ~ . (1) Every license shall be granted subject to .the provisions of this section and of any other applicable ordinance or lac•~. (2) The license shall be posted in a conspicu2lus place in the licensed premises at all times. (3) Every licensee shall be resppnsible for the conduct of his place of business and for the conditions of sobr~.ety and order in the place of business and on the premises. ~ ~ (<<) Ido "on-sale" licensee sha1L fell intoxicating liquor "off-sale". (5) T.o license shall be effectiv~ beyond the compact and contiguous space shown in the license application for such license. (6) No minor shall be'employed i any rooms constituting the place in c•~hich intoxicating .liquors are sold at retail`°on-sale`°, except that minors may be employed to perform the duties of a bus boy or dishwashing services in hotels or restaurants licensed licensed under the provisions of this section. (7) Ido intoxicating liquor shall'be~sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to a minor or to any person to c•~hom sale is prohibited by state law. I • (II) h'o licensee or any 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 pre ises, or in any room adjoining the licensed premises,.nor shall any such person per it any gambling therein. (9) T1o licensee or any of his-em loyees shall lcnocaing y permit the licensed premises or any room in those premise s. 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 o-r employee; of the city shall-have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a c~~arrant. (11) P?o °'on-sale" liquor establishment shall display liquor to the public during hours Cohen the sale of liquor is'prohibited by-this ordinance. • ', (12) Ido licensee shall apply .for or possess a federal wholesale or retai liquor dealer's special tax stamp or a federal gambling'stamp.. (13) Changes in the corporate or association officers, corporate charter, articles of incorporation, bylaws or partnership agreement, as the cases may be, shall be submitted to the city clerk within 30 days after such changes are made. In the case of a corporation, the licensee sha~.l notify the city clerk Cohen a person not listed in the application acquires an interest which, 'together ~oith that of his spouse, parent, brother, sister or child, exceed 5%, and shall .give .all information about said 'person as is required of a person pursuant to the provisions of Subdivision 4 of this section... `~ -279.6 6/25173 r a E (14) At the time 'a licensee submits .his. application for renewal of a license, he•shalh state the nature or amount of any contri~butior. he has made for campaign or political purposes, the person to whom the. contribution was made and the persoh • or organization for whom 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. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating- liquors, the principal part of the business for a license year is the serving of food. (lo) Restaurants and hotels shall display a sign calling attention to the open bottle law. (17) No transfer of a license shall be permitted from place to place or person to person without complying with all of the requirements o.f an original application, including the payment of all fees and .including the approval of the city council and . the liquor control commissioner. (I3) No licensee shall se1L, offer for sale, or keep for sale, intoxicating liquors 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 intoxicating liquor in the original package differing in the compo- sition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package has been diluted, changed or tampered eaith. (19) The business records of the licensee, including federal and state tax returns, shall be available for inspect~.on by the city manager, or other duly author- ized representatives of the city or the city council at all reasonable times. (20) h'o sale of intoxicating liquor shall be made to or in guest rooms of hotels, unless the rules of such hotels provide for the service of food in guesr_ rooms, nor unless the sale of such intoxicating liquor is made in the manner "cn- sale" are required to be made; nor unless such sale accompanies and is incident to the regular service of meals to guests therein; nor unless the rules of such hotel and the description, location. and number of such guest rooms. are -fully set out in the application for a license, (Bill 1973-14) 6/25/73. Subd. 13. Bond. (1) At the time of filing an .application for .an "on-sale" license, the applicant shall file a bond with corporate surety, with the city clerk. Such bond shall be in the amount of $10,000.00. (2) The surety bond required by`paragraph (1) of this subdivision shall be sub- ject 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 busi- ness in the State of 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 c•,hen due all taxes, license fees, - penalties and other charges provided by law. (c) .That. in the event of violation of any law relating to the business-for which -the license has been granted for the sale of liquor, the bond shall be forfeited to the city. (5) All such bonds shall provide that no cancellation for any cause can be made ither by the•bonding company or the applicant,-~~~ithout said-person first giving _~ days written notice to the city, addressed to the city manager, of intention to cancel the bond. .279.7 6/25/73 ,. .. At the time o.f each original application L-or a license, one-half the annual Ii.cen ..fee s::all be .paid when the ap~li:cation is lil:^d and the remaining balance shall be pai before the license i:> issued. At- the Y.ime of renewal of a license, the total .annual 'tense fee shall 'ue pai.d when'the application i.s filed.. All licenses expire on Dr_cemb r 31, of each year. 1•]hen a original li.cenee i.• issued for a portion of a yearthe. l tense fne shall be prorated at the rate of .$625.00 per month or portion of a month rem '.ning in the license year. All fees shall be paid into the general fund ~ of tiie city..-..Upon rejection or crithd awal of any application for a license, the license - .~ • r cri:thdra~ral is for a fee shall be funded to the applican e„c.ept crher.e refection o crillful misstat ment in the license a,plication, (1973-?_) 3/12/73. -(3) At the t"mc~ of each original application for a license, the applicant ,shall also pay a minima investigating fee. This minimum fee shall be One Hundred' Dollars- ($100.00) for each person sho~m on th',e application, whether a proprietor, partner, manager, shareholde or officer. The' minimum investigating fee shall not be subject to refund, If the e enses of the investigation relating to any application exceed the minimum investigating ee, the city s!'hall notify the applicant. of this fact and shall require the applicant t pay an additional investigating fee cahich the city manager deems necessary to complete it investigatilon of the applicant. The applicant shall pay-such an additional rovesti;ati n fee caithn five (5) days of being so notified. If such '~, additional investi.gatino f is not paid c~rithi:n such 5-day period, the city shall dis- continue consideration of t application. . (LF) No part of-the fee pa'd for my license shall be refunded 'except in accordance crith this section or with city counc'1 action. (5) ~'~t any time that an add tion~l investigation is required-because of a change in the ocmership or control of a artnership or corporation or because ,of an enlarge- ment, alteration, or extension of remises previously licensed, the licensee shall pay an additional investigating fee in the amount. of $75.00. . Subd. 9. Granting of Licenses. The; llocring procedure shall be followed in processi~ applications for licenses under this'se tion; - (1) All applications for a license s 11 b'e referred to the chief of police, and to such other city department as the city ana~er shall deem necessary,for verifica- tion and investigation of the facts set fcr h in the application. -The chief of-police .shall cause to be made such investi~.~tion of the information requested in Sub-division 4 as shall be necessary and shall mace a c•rria n recommendation and-report to the city council crhich shall include a .list o aLl viol ions of :federal or state lao~ or municipal regulations. (2) Upon receipt of the crritten 'report and re mmendation.by the chief of police and within 20 days thereafter, the council shall i tract the city clerk to cause to be published in the official newspaper ~l0 days in advan e, a notice of a hearing to be held by the: city council, setting forth the day, time and ace trhen the hearing c•rill be held, the name of the applicant, the premises where the basin ss is to be conducted, and such other information as the council may, direct. At the hea "ng opportunity shall be given to any person to be heard for or ag~~inst the, granting of e license. After the hearing the council may either grant or,den the license. If the 1 ense is granted, the council may crithhold its issuance until the applicant has qualified i all respects for the license. If the premises to be li.c nsed are not complete at t time that the hearing is conducted the council may grant he license but shall withhol its issuance until . the premises have been completed in accordance crith the requireme s of the ordinances of the city and in accordance zrith she representations made by the plicant. If a license has been granted but its issuance has. been c~ithhcld pending. mpletion of the premises to be licensed, and if-the licensee does not proceed caith rea nable dispatch to ready the premises, the council may rescind the action granting the icense. Such action shall not be taken, hocrever,',withouC giving the licensee at least iglrt days notice of the time and place of a hearing on the proposed rescission. 279.4 3-12- P Sub, l<<. Liability Insurance. . (1) Prior to the issuance of an "on-sale" liquor license, the applicant shall • file (a ). a public liability insurance policy and (b) a liquor liability policy covering liability under the provisions of Minnesota-Statutes. Section 3<<0,95. Each of such policies shall .provide coverage of a.t least $100,000 and $300,000. 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 made by either the insured or the insurer without firs giving written notice of such cancellation to the city at least 30 days prior_to the effective date of the cancellation. (3) Such policies of insurance shall further provide that nonpayment 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 in- suring 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. l5. Hours of Operation. No "on-sale" sale of intoxicatin liquor shall be made during the times e~hen'such sale is prohibited. by state law. Subd. io.~ Restrictions Involving Sale to Minors. (1) No licensee, his agent or employee shall serve or dispense upon the licensed premises any .intoxicating liquor to a minor; nor shall such licensee, or his agent or~ employee, permit a minor to be furnished or consume any such liquors 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, produce and permit to be examined an identification card, including a driver's license, or non-qualification certificate issued by the State Department of Public Safety. (Bill 1973-14) 6/25/73. Subd. 17. Other Restrictions on Purchase 'or Consumption.- (1) No person shall give, sell, procure or purchasd intoxicating liquor for any person to whom the .sale of intoxicating liquor is forbidden bylaw.. (2) No person shall mix or prepare intoxicating liquor for "on-sale" consumption in any put~lic place not licensed in accordance with this code and the laws of the State of Minnesota. Subd. lam. Revocation:,- The city council may suspend or revoke an "on-sale" license for the violation of any provision or coridition`of this section or of any state law or federal law regulating intoxicating liquor and shall revoke such license for any willful violation ~ahich, under the~laws of the state,. is grounds for mandatory revo- cation, Subd. 19. Revocation Procedure. The licensee shall be granted a hearing upon at leastttem days' notice before revocation or suspension is ordered by tha city council in cases where mandatory revocation is not provided by law. .Such notice shall state the nature of the charges against the licensee. The notice may be served upon he licensee personally or by leaving the same at .the licensed premises with the person, in charge thereof: No suspension shall exceed sixty days. . (197.0-23) 7-27-70. 279.13 6./25/73 P Y yt (pf( i F '. (9) The names and addresses of 11 persons, other than the ap icant, who have any financial interest in the business, buildings:, premises,. f' tures, furniture, sto in trade; the nature of such', interest, amount thereof, erms for payment or othe reimbursement. This shall include, but not be iimite to, any lessees, lessor mortga ees, mortgagors, lendors., lien holders, trustees, t stors and persons who. have co signed $otes or otherwise oaned, pledged, or ex nded security for any in- debtedne s of the applicant. (10) T names, residences-and business addresses three persons, residents of Hennepin C nty, of good moral character,• not relate to the applicant or financial- • ly interest in the premises or business, who may. a referred to as to the appli- cant's charac er or in the case whll~re information s required of a manager,. the manager's cha cter. •(11) Whether or not all real estate and•.pers al property taxes for the premises to be Licensed h ve been paid and,' if not paid -the years for which delinquent. • (12) Whenever a application for an "on-s e" license, or for a transfer thereof, is for premises ei er planned or rider cons ruction or undetgoing substantial al- teration, the appli tion shall be accompa ed by a-set of preliminary plans showing the design of the pro osed premise's to be icensed. If the plans or design are on ` file with the city eng veer, no plans ne to be filed with the city clerk. (13) -Such other i:tfo ation as II~the c' y council shall require. (14) Proof that. the a licant has plied with all of the procedures xequired under the zoning regulati s:of the c' y to.qualify the proposed licensed premises as an approved location. a counci shall not act upon an application for a license until. all such regulations h ve bee complied with qnd.final approval of site and building .plans have been give ~by 't ecouncil. Subd. S. Execution of A lice If the application is by a natural person, by an officer thereof; if by a part rship, by one of the partners; if by an unincorpor- ated association, by the manage o managing officer thereof. If the applicant is a~ partnership., any license, bond rid surance policy issued shall be in-the names of all partners. Subd. 6. Renewal A licati Applic tions for the renewal of an existing licensee.. shall be made at least 60 d s.prior to he date of the expiration of the license and .shall be made in such abbr fated ~o.rm as the city council may approve. If,:in the judgment of the aouncil, od and ufficie t cause is shown by any applicant for his failure to file for a ren walwith~n the ti provided, the council may, if the other .provisions of this secti n are complied with, waive this requirement and grant the application. • Subd. 7. Accountant` Statement. At~the earli t practicable time after. applica- ' tion is made for a re ewal of an " n-sale" license .and in any event prior to the time that the applic tion is approved by the counci ,:the applicant shall file with the city clerk a st ement made by';a certified publi accountant that shows the total gross sales d the total food sales of the res urant for the 12-month period immediately preceding the d to for filing renewa applications. .~. _ Subd. 8. Licen a Fees. The following .provisions contro as to license fees and related subjects: (1) The annual license fee for an "on-sale" license shal be seven thousand five hundred dolla~a...($7,500.Q0). • 2-2.3-70 • 278.3 - Subd. ' . 20, Li.cens:in.g of E'mpl.oyees . -(1) No person shall work. as a manager, bartender, cocktail waitress or i:n any capacity where such person sells or serves i.ntox.i.cat:ing liquor in premises. l:i.- tensed-under this section, and no 1i.censee shall permit: any such. person to be so employed,. unless-such person., w:i.thin seven days after being first employed, shall apply for a license to engage i.n such bus:~ness. No person may be so employed for any length of time i.f h.:is li.c:ense is denied or revoked.. (2) ~~n. applicati.on. for such !.:icenseshall be Ei1.e:~ wi+~!-,. the city cl.er.k upon forms provided by the city and such application shall be verified under .oath and shall contain the following i.nformat.i.on: ' (a) the names and addresses of two residents of Hennepin County, Minnesota, wlio 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 any, of arrests and of convictions for crimes and mis- demeanors other than traffic offenses. (3) 'I'he annual "on-sale" license fee for any such person shall be $,5.00 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 police department which shall i.n- vestigate the facts. set forth in the application and make a written report hereon at the earliest practicable time< If-the police department recommends 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.whi.ch is a wil.lfal 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 convie.tion of any crime or misdemeanor involv:~ng moral turpitude. •~ Subd, 2l, License Year, Repealed (197~•~2) .3/12/73 See 1.1,06,. Subdivision 8, Paragraph 2. Subd. 22. Enlargement Alternations or Extension of Premises. Proposed enlargement, - alteration or extension of premises previ.ousiy licensed shall oe reported to the city clerk at or befar.e the t:i.me applicai::~on is made for a buil.din.g permit: for any . such change andthe licensee .shall also give such i.nformarion as i.s requ:i.r.ed by Subdivison 40 (70-1) 2:/23/.70 .279.9 (c) The name of the. business if it is to be conducted under a signation, name or style other than the full individual name of the applicant. (d) Whethe applicant is married or single. If married, tr a name, place and date of birth a d street residence address of applicant's pre nt spouse. (e) Whether pplicant and resent spouse are registered oters, and, if so, where. (f) Street ad resses at which applicant and present Ouse have lived during the preceding ten year . (g) Whether app icant or his spouse has-ever been onvicted bj; any ordinance, other than traffic. If o, .the applicant shall furnish formation as to the time, place and offense for wh ch convictions were had. (h) Whether apple ant or h's spouse leas ever b en engaged as an employee or in operating a saloon, hot 1, restaurant, cafe, tave or other business of a Simi- 1ar nature. If so, applica t shall furnish informa ion as to the time, place and length of time. ., . (i);Whether applicant has ever been''in'm" itary service, .If so, applicant shall, upon. request, exhibit a l dscha=ges. (j) The name., addressea d usiness add ess of each person who is engaged in Minnesota in the business of a ling; man acturing or distri~ruting intoxicating liquor and._who is nearer of kin the appl" ant or his spouse than second cousin, whether of whole or half blood; o who is brother-in-law or sister-in=law. of the applicant or his spouse. . (3) If the.. applicant is a panne hip the names and addresses of all partners ' and.all information concerning. each r ner as-is required of a single applicant in Paragraph (2} above.. A managing pert r, or partners,, shall be designated. The in- terest of each partner in the busi a hall be disclosed. A true copy of the partner- ship'.agreement shall be submitted h e application. (G) If the applicant is a corpo tion r other organization and is applying for an "on-sale" license,`the.following .';formate n shall be furnished: • (a) The name,and, if inc por ated, he state of incorporation. (b) A true copy of the ertificate incorporation, articles of incorpora- tiori or association agreement d bylaws. (c) The name of them age or propri or or other agent in charge..of the premises to be licensed, giv' g: all the inform ion about said person as is required of a single applicant. in Pa graph'.(2) above. (d) A list of all. tural persons who, si gly or together with their spouse, or a parent, brotfier, sist r or child of either o them, own or control an interest in said .corporation or~assoc ation in excess of 5%, o who are officers of said corporation or association, together ith thee. addresses and a .other information required of a single applicant in Pare raph (2) ~bove. . (S) The exact legal escription~of the .premises to a licensed together with a plot. plan of the area showi dimensions,_locattion of build gs, street access, parking facilities and the loc tions of and distances to the ne est church building and school grounds... (6) The floor numb r and street number where the "on-s e" sale of liquor is to . ~ be conducted and the rooms where liquor is to be consumed... An applicant for. an "on-sale= license sh 11 submit a floor plan. of the dining r m, or dining .rooms, which shall be open to the public, shallshow dimensions and shall "ndicate the nu~hler of persons intended to be served in each-of said rooms. (7) If a permit from the .federal government is required by a laws of the United States, whether or not such permit 'has been issued, and, if so quired, in what name .issued, and the nature of the Permit. (8) The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stook in trade, etc., and proof of he source of such.' "money. 2-23-70 ' ~ '~ 279..2 11.07. SUNDAY LIQUOP..SALE LICENSES. " Subdivision 1, Elil;ibility. Notwithstanding the other. provisions of the Ordinance code, establishments to which on-sale licenses may be issued for the sale of intoxi- eating liquor, ~•ihich are (1) hotels. and restaurants qualified for licenses in Section 11.06 of this code, or (2) clubs as defined in T-1inn. Stat., Section 3<<0,07, and cThich have facilities .far serving not less than 30 guests at one time, may serve intoxi- cating liquors on Sundays bete~een the hours of 12:00 o'clock noon and 12:00 o'clock midnight in conjunction faith the serving"of food. Subd. 2. License P.equired. It is unlawful for any such establishment,'directly or indirectly, to sell or serve such intoxicating liquors as provided in subdivision l of this section without having first obtained a special license to do so from the city. ' Subd. 3. Term; Fee. Such special license may be issued by the city council for a license year coextensive t•~ith the license year of the on-sale liquor license of such establishment. In no event shall such special license be for a period of more than ttaelve months. The fee for such special license for any license year shall be $200. A special Sunday license is not an additional license t•~ithin the meaning of Section 11.0.6, Subdivision 2. Subd. 4. Application. Application for such special license shall be made to the city in the same manner as application is made for on-sale licenses under the provisions of Section 1.1.06 of this code. t•lhere~an application for such on-sale license has been made or is being made,-the application for the. special license need not repeat, but may .adopt, the information contained in the application for such on-sale license. ..Subd. 5. Procedure. The procedure for the granting of such special licenses shall be, insofar as applicable, the same as the procedure for the granting of on-sale licenses under Section 11.06 of this code, except that the council may dispense t•~ith. calling or holding 'a separate haaring on such special license and no'separate or additional-bond, investigating fee or insurance shall be required. from the licensee for such license.. Subd. 6. Application of Lihuor License Ordinance. The provisions of Section 11.06,.. subdivisions 12, 14, 15, 16,_17, 1S, 19, 20, and 22'~ehall be applicable to any establish- ment holding a special license pursuant to this section. (197.2-19) 11./27/72. 11.06 ON-SALE LIQUOR ' Subdivi ion 1. Definitionse The folloc•~ing:terms have the. meanings ascribed to them in is section: (1)' e term."intoxicating liqua lIr" means and includes ethyl alcohol and includes distilled, ermerited, spiriaous, vind us and malt beverages containing in excess of 3.2 .percent f alcohol by c,~eight. (2) "Sal 1t and "sell" and "sold' means all barters and all manners of furnish- ing intoxicati g liquor including suc h furnishing in violation or evasion of law. (3) The to m "restaurant" means ~,any establishment, under the control of a single proprieto or manager, having 'appropriate facilities to serve meals in orie or more dining rooms awing a total area of at least 10,000 square feet, and where ir. consideration of p ment therefor, me~ 'als are regularly served at tables to the general public, and which e Toys an adequat 'staff for the usual .and Suitable service to its guests and the print al part of the business of cihich is the serving of foods. The area to be used in co uting such 10, 000 square foot minimum shall be the gross floor area of the restaurant "ncluding are s for the preparation and serving of food. and liquor. Basement areas, however, sha ~'~11 not be counted for the purposes. of meeting such 10,000 square foot m imum requirement. • (4) .The term "hotel" ans and .includes any establishment having a resident proprietor or manager, where in cons! ideration of payment therefore, food and lodging l are regularly furnished to tr nsients, c•~hich maintains for the use of its guests not Tess than 100 guest rooms with beddig and other usual, suitable and necessary furnish- '.. ings in~each room, c•~hich is pro 'ded~at the main entrance with a suitable lobby, desk and office for the registration its guests on the ground floor, which employs an adequate staff to provide. suitable and usual service,, and which mainCains, under the. same management and control as the est of the establishment, a restaurant as an .integral part thereof. • (5) The term "on-sale" means the ale of intoxicating liquor by the glass, or by the drink for consumption on the prea~is s only. ~ ' ~(Fi) The term."off-sale" means tt~e s e of intoxicating liquor in the original package in retail stores for consumption f,or ac~~ay from the premises where sold. (7) -"Minor" means any person un~er the age of 18 years.- (Bill 1973-14) 6/25/73 .Subd. 2. License Required. No person, excep .wholesalers or manufactv.rers, to the' extent authorized under state license, shall di ectly or indirectly deal in, sell, or keep for sale any intoxicating liquor for "on-sa e" sale without first having received a license to do so as provided in th" s section. n-sale" licenses shall be issued- only to hotels and restaurants. No~~ - ore than-five "on-sale" licenses may be issued to hotels and restaurants,. : Subd. 3. Applications for License to be Verified. Eve y application for an "on-sale" license-shall be verified and filed cith the city clerk,. Subd. 4. Contents of Application. In addition to informat n which may be required by the state liquor control commissio ner, the. application sha 1 state: '`(1) l~hether ;thr, applicant is a natural person, corporat n, partnership, or other. form of organization. (2) If the applicant is a not ral person, the following in ormation shall be furnished: (a) True name, place and date of birth, and street residen address of applicant. b ~Jh~ her a licant has e ~~ e ~ ~ ver used or been k ocan by a dame o er than his. ~ iat iaas such true nam nd,-z so, name, or names, an information con erning dates and places where usea, 279.1 6/ /73 ~_ ` ,~'` ` ~``~~~ ~ CITY OF RICHFIELD, MINNESOTA Office of City IVlanager ~ Council Letter No. 309 i 3 _. 1` - Agenda September 22, 1975 • - ,. The .Honorable Mayor . and Members of .the City. Council . ;City of Richfield• Gentlemen: Subject: Off.-Street Parkng.Confract, 66'00 Grand Avenue ' i! ;~ On August 12, 1968' the city council approved the Richfield'Investment ' Company's application. for an off-street parking layout and contract to use the -exis ing house_at 66Q0 Grand Avenue as _a business office including a parking Tot: On September 25, .1972. the bond on the off-street parking contract was .:released: inasmuch as the Richfield.Investment Company abandoned its original plans' and advised that if and when they decided to use this property for an office they would again make application for a permit,. Mr. Carl McSri~?e f representing the Richfie d State Agency., Inc. , 6625 I;yndale Avenue, has now made application to us•e this existing house at 6600 `Grand Avenue as a retail store for the sale of jewelry.. -The amounto f square feet in this 'building-and the type of use requires that-.'the building have seven -off-street parking spaces, A sketch showing the off-street parking layout is attac'ried hereto indicating that twelve off-street parking spaces will be provided, ten outside and two in the garage.. The city staff reviewed this off-street parking contract and recommends that `it be approved subject to the following stipulations: ].. A six foot redwood fence be constructed on the south .property ,- line' as indicated on the attached sketch. `` 2. Existing landscaping plan on 66th Street adjacent to the parking lot to the west to be extended to the 66th Street driveway entrance to the" property at .6.600 Grand` Avenue Respe'.ctfully'su mitted, ~c IIa.X. Wayne 5. °Burggraaff ` City Manager cc; Public: Works. Director '~ Planning ,Director ` ;:¢ ,~ , ~ Af?R / ~"R. G UR~~.~,.. ;• . • ~ W. H ST. • . ~ E t r ce n Exist. , Shrubborye ~ ~ ""~' On 1 v.~'f.~~'''ft ~.~. :•t~•'Q•;v..Q..'o. •Q. 'O~; F' ...P :P,•A~o„0.. d.: +PI..O.:~ =a C• 'o• '1 R ~ 30~ t ^ V / _ j__..~ i __. 135.35 .. o ~ SCALE :1,,.30 ~ ~ ~ ( . . ~ l o : ~ ti Q - ._ 20~-+-{- 25~ c~v . #66t70 4 ~ 30 ~ ~ 3 5.5 I ~.~ _. ~ -ti-20~ 2 . _ _. o _ _ a I 13 12 - ~ ~ ._. ~~ _. - Q '" . '`• Exit Only t3= - ~ ` 000 i ~ ~ 135.35 ~F EN CE . . REDW 6 . - f ~ ~ A ' , .. ~ r. - ' _ APP LICATION FOR OFF-STREET _ (~ PAP.I~.ING N0. 75-4 - . ~- ~' ~ ' .. , Ot,TNER~A~~1D ADDRESS: ~ Richfield State Agency:, Inc. '.,i .6625 Lyndale Avenue South ~ ' . ~ Richfield, i`Linnesota 55423 -i ' LEGAL DESCRIPTION: Lot 1,~Block 2, J. N.•Hauser's~Addition 6600 Grand Avenue South USE: Retai]:~:~Saies .. DATE. OF APPLICATION: Sept eiiibe~,10,1975 / COUNCIL ACTIO~i: Sep~embe~c22, _1975 ~, NU. PARKING SPACES: 10 - Outside- - 2 -Garage _ . ~' -Total. . . ~ LO'P A~tEA :. , ' ...: 10, 783.3 +/_ • ~: s. . .. - 9/~.o/a5 ' • R } ,. RESOLUTION N0. 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. The following described property is hereby especially 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 44827 0875 708 West 6bth Street $ 30,00 44827 5000 6532 Lyndale Avenue 8.00 44828 0130 6340 Aldrich Avenue 27.50 44828 0620 6314 Aldrich Avenue 27.50 44832 4002 7401 Washburn Avenue 26.20 44834 1330 7713 Harriet Avenue 25.00 44835 8105 7005 Park Avenue 47.83 45196 0100 6800 Cedar Avenue 18,74 45365 7800 6707 Lakeshore Drive 5.00 45490 3010 7636 Lyndale Avenue 20.00 45552 9240 6513 Lyndale Avenue 6.00 45552 9300 612 West 66th Street 10.00 46065 6400 6330 Oliver Avenue 15.00 46143 3000 6520 Lyndale Avenue 10,00 46790 0280 6640 Penn Avenue 14.00 46792 3000 6805 Penn Avenue 40.00 46793 0650 6841 Russell Avenue 20.00 Total 5350.77 2. 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 22nd day of September, 1975. Loren L. Law .Mayor ATTEST: Thomas J. Moran City C er r RESOLUTION N0. 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 property is hereby especially 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 44835 1330 7211 Portland Avenue $ 56.10 44835 5840 7408 18th Avenue 39.10 44835 8105 7005 Park Avenue 22.98 45331 8530 7300 Cedar Avenue 95.00 45395 8100 7033 Stevens Avenue 24.75 45901 0600 7514 5th Avenue 10.00 45940 5300 6525 15th Avenue 35.10 46790 5775 6708 Upton Avenue 35.05 46792 3000 6805 Penn Avenue 57.50 46793 0650 6841 Russell Avenue 5.00 46793 7800 6945 Sheridan Avenue 54.28 46931 5250 7236 3rd Avenue 41.76 Total ,476.62 2. 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, this 22nd day of September, 1975. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk ~„ss, ." ~~ ,CITY OF RICHFIELD, `MINNESOTA Office bf City Manager Council Letter No. 307 Agenda September 22, 1975 ~ :: ~; >. The Honorable Mayor. .p and" t i } G ,' Members of the City Council. Gity of Richfield Gentlemen: . Subject: Recommendation :of Park and Recreation Advisory Commission Regarding Special Interest Groups Approximately .two months ago., the. city manager requested the park and recreation staff to confer with the Park and Recreation Advisory Commission regarding development.of a `policy relating to special interest group requests This ~Eope was discussed at the August and September meetings of the Advisory Commission. Several problems emerged in the discussion. First, it is difficult to define a special interest group.. It is correspondingly difficult to categorize special interest group requests . These" reque"sts may relate to the capital imp~~ovement budget,as well as: the operafiing budget;. to revenues as weil as expenditures . Requests: shouad be azialyzed for several. purposes, i. e, whether the city can legally grant the request; whether funds ars available; whether granting the request is ~in-the. public interest and whether granting the request is consistent ~}~ with treatment of other interest groups . ~- The Park and Recreation Advisory Commission recommended a resolution at -' its meeting on September 11 , 1975. This resolution attempts to establish some stand"ar,~ization in the city procedure for dealing with special interest groups , A copy of this resolution is attached: It is recommended that the: city council . adopt this resolution. ..Respectfully sub 'tted, ~' ~' ~'~' .` ~ , art ' ~ ~ .. Wayne S . `Burggraaff ~ ; ," . ~ _ City Manager ' _ .,. cc: Acting Farks & Recreation Director e .~ .. ._ .. - ~ ..._- w~ , ~ .~.,,>.- ., . ~. . . r ~ RESOLUTION NO. RESOLUTION PROVIDING FOR CITY POLICY REGARDING SPECIAL INTEREST GROUPS WHEREAS, 'the City of Richfield has long dealt coope;atively with a number of special interest groups within and without the City, and WHEREAS, there are a large number of requests from special interest groups which deal with time, materials and services, and WHEREAS, said requests involve the operating budget of the. city and/or the Capital Improvement Program Budget of the City, and WHEREAS, the number of special interest groups and their requests are increasing and it appears this will be a continuing pattern, and WHEREAS, the City of Richfield wishes to continua the policy of mutual cooperation wherever and whenever possible, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that . 1. Any request from special interest groups shall -first be directed to the city staff . 2. Any request deemed to require the opinion and/or recommendation of an advisory commission(s) shall be directed to said commission(s) . RESOLUTION NO. -2- 3. Should said commissio (s) deem it necessary , said request shall also be directed to the city council for final dispensation. Passed by the city council this 22nd day of September, 1975. . - MAYOR . . ATTEST: .~ ,~ CITY OF RICHFIELD, MINNESOTA • Office of City Manager ~' Council Letter No. 30.6 - Agenda September 22, 19'75 The Honorable Mayor .and Members of the City Council City of Richfield ~; Gentlemen:~~ Subject: Revisions in Parking Re tractions in the Vicinity ~ ; ;, of the Hgh°School On June: 9, 1975-the city council. reviewed .parking restrictions in .the area • around he senior high school. At-that time the council passed a resolution authorizing the staff to install "2 -Hour Parking .8:00 A,M. = 4 P. M. School, '' Days" or "No Parking 8:00 A. M: - 4:00 P.1VI'. School. Days" on the following streets.: • Both sides Augsburg Avenue,' 70th Street to Lynda e Avenue Both sides 69th Street, Pillsbury Avenue to E. Pleasant Avenue Both sides 69th Street, W. Pleasant lwenue to Grand Rvenue Both sides 69th. Street, Harriet. Avenue. to Garfield Avenue South .side 72nd Street,. W. Pleasant Avenue to Lyndale Avenue North .side 72nd Street., Harriet Avenue to_Lyndale Avenue Both sides Garfiel3 Avenue, 71st Street to,73rd Street Bo h sides Harriet Avenue, 68th Street to 69th Street Both -sides Harriet Avenue, 72nd Street to 73rd Street... Both sides Grand Avenue, 68th•Street to 6.9th Street. Both sides .Grand Avenue, 72nd to 73rd Street Both sides ~. Pleasant'Avenue, 72nd Street to 73rd Street Both sides W. Pleasant Avenue, 72nd :Street. to 7,3rd Street Both sides Pleasant Lane, Pleasant Avenue to Pillsbury Avenue Borth sides Pillsbury Avenue, 72nd to 73rd Street South ide 72nd Street from Harriet Avenue to W . Plea Sant Avenue The staff was: to survey the residents to determine which restrictions the residents , preferred ,., ~_ The results of this survey are indicated below: ~~; .~ - VV Ulll..ll-.LGLIGl 1VV, .~.v v. .. ... .,,,.. a__...__-__:.--~-_..._ 2-Hour Parking No Parking. • 8 - 4 School 8-4-School No ' - Days Days Indication Both sides Augsburg, 70th to Lynda le 2 1 7 Both side`s 69th, Pillsbury to-E. Pleasant 0 0 4 .Both sides 69th, W. Pleasant to Grand 2 1 ' 1 Both sides 69th, Harriet to Garfield 1 0 2 Svu~:3 side 72nd, W. Pleasant to Lynda e ~l 2 5 North side 72nd, Harrief to Lyndale 1 1 2 , Both sides Garfield, 71st to 73rd Street 14 5 26 Both sides Harriet,: 68th to 69th Street.: 5 1 _ 15 ~ Both sides Harriet, .72nd to 73rd. Street 3 1 17 Both sides Grand, 68th to 69th Street 7 0 16 Both sides Grand, 72nd to 73rd Street '2 2 18 Both sides E. Pleasant 72nd to 73rd 4 1 6 Both sides W: Pleasant, .72nd. to 73rd 0 0 7 Both sides Pleasant Lane, Pleasant to Pillsbury 3 2 `1 . Both sides Pillsbury, 72nd to 73rd 12 0 12 South side 72nd,- Harriet- Avenue to W. Pleasant 0 3 ` 1 The results of the survey, do not indicate a s rong desire to change existing - paxkng restrictions in the area of the high school except for.72nd Street between " Harret•and, West Pleasant. In addition, the petition submitted to the city council on,June 9th from the residents on Pleasant Lane and Pillsbury•Avenue between 72nd and.. 73rd Streets strongly requests the "No Parking 8:00 a , m. to 12:00 -Noon School I?ays" . Based on the results of this survey it is the recommendation of the. staff that the city council rescind Resolution No. 5.372 and retain the existing parking re- . stretions, in the area of the high-school except for 72nd Street; .between Harriet and West Pleasant Lane which would be c anged to "Nd Parking 8.O~m__to 4:.00 p.m. School Days".. Iri addition, Pleasant Lane and Pillsbury Avenue be= tween 7'2nd and 73rd would have parking restrictions "No Parking 8:00 a . m. to 1-2;0 N~~q--_, hoo ays~ Respectfully submitted, Wayne S. Burggraa _ City Manager WSB/eja., , • t> cc: Public Works Director Public Safety Director . ~- ~ y F,~:~.''` .CITY OF RICHFIELD, MINNESOTA Office of City IvIanager Council Letter No: 305 Agenda September 2'2, 1975 The Honorable-Mayor. and Members of the: City Council City of Richfield _ ~: Gentlemen: Subject: Purchases in `Excess of $1, 00.0 ~ 'Chapter 6, Section 6.05<' of the. City Charter .stipulates that the city council must approve the purchase of merchandise, materials, equipment or construction when the amount exceeds $1 000. There are three such items on the September 2'2 , 19 7.5 city. council agenda . Radio Equipment ; t The team policing grant recently received. by the city provides. funds ,for the i purchase of additional: radio equipment •for the public safety- department. Equip- - ment to be purchased under the: terms of the: grant includes radio paging equip- merit and related tone and coding equipment. necessary to activate the radio Pa Jing _ ,.~ The paging equipment required by tle. public safety department under the grant must include-`both alert and monitoring capabilities with the only vender manufacturing equipment which completely meets the.. specifications being Motorola.:, Inc. It is recommended that the city council approve the purchase of twelve pagers ,and the related recharging equipment for atotal- cost of $4,030. Funds required for the purchase of this equipment come from the fed- . eral grant. Tone encoding equipment to be placed in the public safety department - communications center is necessary to activate he radio pagers. This same equipment will also provide .necessary capabiltie-s to activatefire radio monitors tha are included in the proposed 1976 budget. Inasmuch as this equipment must be compatible with the present radio equipment and .the paging- equpment, it is recommended that the city council approve the purchase of thi's equipment from Motorola , Inca. in the amount of, $1, 3 8D ~ Council Leiter No..305 -2- September 22, L97~5 ,~- Rock_Salt for 1575/76 Snow and Ice Removal Activities. 1~1~ -,~,,,; ,• The Hennepin County Cooperative Purchasing Association- has recently received public bids for rock salt. A :low bidder has .been determined. and the contract has been awarded for the period of 7/22/75 to 6/30/76: IDuring the winter months it is~, critioally important that. Richfield public works: department maintains an .adequate supply of xock' sal for treet clearing purposes. However,. difficulties in predicting ;the severity of the winter - season create problems in projecting ,the exact amount of salt needed and when it is needed. Therefore, it is necessary for the public works department to order rock salt as needed tp maintain an adequate supply. If is requested that the city council authorize the purchase of up to 1,:000 tons o.f rock salt-as the need occurs during the 1.9.75/76 winter season. -. The total.of these purchases will not exceed the 1975 or 1976 budget; limits for this item, or a total amount of $11 870. ;Tot Lot<Scre~r.ina~.at Donaldson Park ~ , For some tme, there has been discussion relating to the tot lot .adjacent o Lhe shelter building a± Donaldson Park. ~ The Park, and Recreation Advisory Commission discussed thi item at their September 11, 1975 meeting.. It was- . the recommendation of the commission that tees should be fiaken to provide aduiticral'protection to the tot lot and the shelter building. This would ire- elude planting additional trees .between the backstop and the tot lot. It is recommended that the city council approve .the low quotation of Hall Nursery in the amount of $2, 758 for six 8" diameter trees to be planted ,between the backstop and the of lot. Respectfully submitted, ~. 2 ~ ~~ ~ ~~ lrr ~~ ~~ '!3~ 'Wa yn~urggra aff 3~ City Manager ~~ WSB/eja {~ M,. U-~ ~ `S'10 v~ cc; Public Safety Director ~ ~ ~pSS~~ Public Works Director Acting,Park and Recreation Director k~,~" 63rd 'as /35.6 iZPa.1C 21 ~~ ~ 2 `~ ( o~ e a5~ ~ 1~ a -` / e ,y ~ Il ,`' : li • 15 to >~ ' a 12a~ ~ ~ Ij 64th I •- I ?~ ~ 24 2~ ~21< d 3 ~' 22 h 4 ~ 21 ^ o 5 ~ '~ 2 • ~ 1~ R ' 16 a • 17 li I6 0 I I 14 I I2 ~° ,~t~, 13 65th i~ f~'°'~ 4'~`' 23 1 q,~o 21 3-^ ° .: ~ q • 20 ~-- • ~ 1~ G ,' ~ Id T .~ ~; Il d ,~ ° K 1 '• ~ ,y'' a 15 I r+~5 B_ S ~• I I 12 13 • 14 s ° ^'' ~ ; s. ~ I1 ° 'MAC 4 .~^° ' 11 5 2a ~ ~ 1~ j _ ,Yf~ ~~ ,t IO d°'' ,e~ , IS II a~ ti K 12M~' ° I'! I • J 1 ~e ~ 14 ~ 1 ~ "' i3 3 ~~ ~ 11 1 • ,? 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The following described lots in New Ford- Town addition are ..hereby authorized to be sold or otherwise disposed of by the city as herein - ., - provided: -Lots 5,6,7,8, and 9, in Block S .hots 8, 19 and 23 in Block 6 Lot 6 n Block 7 _ Zot 4 in Block_13 - , .Lots 9, 21, 23 and 24 in Block 14 , • Lots 8, 16, and 17 in Block 19 ~ • :Section 2. Such lots, or any of them, may from time to time be sold by _the city pursuant to and in accordance with resolutions. adopted. by the city council. As an alternative, the city council may, from time to time, by resolution authorize the transfer of such lots, or any of them, to the Housing • .and Redevelopment Authority of the City. of Richfield to be sold ~iy .such Authority pursuant to and in accordance with resolutions adopted by the • board of commissioners of such Authority. Passed by the city council of the .City of Richfield this 22nd day of September, 1975. Loren L. Law Mayor ATTEST: Thomas J. Moran ,City Clerk ~' CITY OF 12ICHFIELD, MINNESOTA Office of City Manager Council Letter No. 303 Agenda September 22, 1975 Thee Honorable. rJiayor and _ • '` Members of the City Council ~,, City of Richfield ,; - '- ~ Gentlemen: ' Subject: Hearing to ,Determine the Method of Abatement and ~ , Assessment for the Removal of a Public Nuisance on Private Property The city council-has scheduled September 22, 19.75 as the .hearing date to . determine the method of removal and assessment for the: elimination of a diseased Dutch Elm tree on private property. Pursuant to Richfield ordinance, the affected property owner has received a .letter advising her of the hearing date and its pur- pose. _ .: The council will recall that at the, September 8,' 1975 council meeting .a • report was submitted-indicating that a diseased elm tree located. on private' at 6829 Thomas Averiue has been tested and found to be infested with dutch elm dis- ease. Therefore,; pursuant to Richfield ordinance, this. hearing .has been called to make the following determinations: 1 . The method of .abatement of this .public nuisance, 2 . The method> of assessment to be made against. the property to cover the costs of abatement. .Staff Recommendation The staff has solicited"informal bids for the removal' of this tree. A low bid has been received in the amount of $210. This cost includes the. cutting, removal and disposal of he tree in the fashion prescribed by the State Department of Agri- culture The staff recommends -that 1.00% of the assessment -costs for this removal be charged against the_ benefiting. property over a `period of three years . • It is recommended that>this special assessment be conductedin the faIlow- ing manner in conformance with Richfield's special assessment policy. First, a loan will be made from the Permanent, Improvement. Revolving Fund Council .Letter No. 303 -2- September 22, 1975 ' at 5% for a period of one year. This is necessary as it will be impossible to certify this assessment until October 10, 1976.Next, after the,loan is cer- tified in 1976, the asse sed amount will be levied against the property ,taxes of the affected property.. In 1977; 1978 and 1979, the owner will then pay roughly 1/3 of the total assessment each year in addition to regular property tax payments. The payments due each year will be as follows: 1977 - $95.60 -1.978 - :$85.51 1979 - $79...43 Each payment 'includes principle; interest and certification charge. As the council probably knows, the state-has recently initiated agrant=in aid program for the removal of diseased trees. Under this program the state will match funds ,up to prescribed maximums with the, city to help property owners finance. tree' removal. However, to be eligible for this program it` is necessary for the city to establish its own subsidy program for this prupose: The staff is • currently investigating the possibility of participating. in the grant-in-aid. program After applications have- been completed this .program wi1T be submitted. to the council for. consideration. If the city-initiates agrant-in-aid programfor the removal 'bf diseased trees irn P,icfifield (according to state. representatives) the owner of this particular property could be eligible for a tretoactive subsidy under this program. It is recommended that the council authorize the removal of this tree and assessment by the method outlined-above by passing the enclosed :resolution. Respectfully -submitted , . ~ ~~ .~ •~i~ ~= . is ~ .. Wayne S. Burggraaff _ City Ntanager WSB/eja cc: Public Works Director Finance Director _~ RESOLUTION NO. ~; RESOLUTION AUTHORIZING THE ABATEMENT OF DUTCH ELM DISEASE ON PRIVATE FROPERTY AND ESTABLISHING THE METHOD OF ASSESSMENT '1'IiEREFOR WHEREAS, pursuant.to Richfield Ordinance, Chapter 4.11, a report has been received by the city council indicating existence of a public nuisance on private property . and, WHEREAS, city and state, regulations require the. removal of such a nuisance at .the .earliest possible date.. • , and, WHEREAS , appropriate notice has been tendered to the affected property owner and a hearing convened for the purpose of determining the method of abatement and assessment therefor. and , WHEREAS , the affected property owner has been afforded adequate oppor- tunity to indicate her feelings about the scope and desirability of the proposed project. NOW , THEREFORE , BE IT RESOLVED by the city council. of the City of Richfield, .that: 1 . The city finds and determines that the Dutch Elm tree located on the north side of the front yard at 682.9 Thomas Avenue South is infected with Dutch Elm Disease. • 2. Such tree constitutes a public nuisance... 3. The city staff may proceed to secure removal of the txee by a licensed private contractor. The cost of sucYi removal shall be in the approximate amount of $210.00. 4. The full cost of such removal shall be charged to the owner of the property and if not paid within one year will be collected as a special assessment. Loren L. Law Mayor ATTEST: • '1"riOma-s I . tvtoran , Miry Lierx i ~ ~ , CITY. OF RICHFIELD, MINNESOTA Office. of City Manager Counc Letter No. 302 . Agenda September 22, 1975 The Honorable Mayor , .. and, Members of tie City Council City of Richfield Gentlemen:`... Subject: Request for Supplemental Assessment Hearing for St . Peter's Church St. Peter's Church is requesting that the city council sez a hearing date to consider a request fora supplemental assessment for the .permanent street° construction. A supplemental hearing could be held if the. council determines tha the original assessment contained errors .and/or omissions. On August 1'1 19 75 the city council approved an as essment of $7, 030.58 for St. Peter's Church. This figure was developed by using the assessment policy for tax exempt property contained in Resolution No. 4382 adopted in June, 19`7q. A copy is attached. The objection of St. Peter's Church is not based on calcu atons, but on the issue of whether the determination of a street has been .correctly interpreted as an abutment: Attached is a -copy of the request received from St . Peter's Church . Council Resolution No. 4382, subdivision. 4 (b) states ".That in the case of tax exempt property, front footage shall include all abutting footage on m- pr`oved right-of-ways." Therefore, since the policy talks of right-of-way and not actual, street width,. it is,the opinion of the city staff that. the Church of St. Peter was correctly assessed for the 1974 permanent street-paving program.. While this situation is not common, it should be pointed out that it is not unique . The following tax exempt properties have this. same situation and have either already been assessed or w 11 be assessed according to this po icy: ~~~~ ~ ~~ i . Hope Presbyterian Church has already been assessed according to this policy. 2.- Taft Park,has already been assessed according to this policy. 3. Nicollet Park has already been assessed according to thus policy. 4. Lincoln Hills School will be assessed according to this policy. S: Donaldson Park will be assessed .according, to, this policy. 6 o Sheridan Park will' be assessed according to this policy; ~' CouncilLetter No. 302 -2- September 22, 1975 Tax exempt properties pay .on an abutting .footage with no side street share. • For your review the following is a summary of .permanent streef paving assessments already levied against churches located in the City of Richfield or assessments that are currently :pending°assessments against churches located in- .: . ,the City' of Richfield: 1 . Hope Presbyterian Church - $6, 845.00`already assessed. 2 . Wooddale Baptist Church "- $6, 431.OO already assessed. _ ` "' 3. Evangelical Free Church - $1,257.00 already a sessed. 4. House of Prayer Lutheran Church. - $18;131.00 already assessed... 5. Mt. Ca vary'Lutheran Church - $45,475.00 already assessed. 6. Assumption Church - $3~3, 667.00 fending assessment 7. Oak Grove ,Lutheran .Church - $25, 000 + pending assessment. ; ; 8. Woodlake Lutheran Church - $21 669: OO pending assessment. ._. 9. St. Nicholas Episcopal Church - $2, 232.00 pending assessment. " It is the recommendation of the city staff that the request from St. Peter's Church for a supplemental. a~sse srnent hearing be; denied since the original,.assess- . merit was correctly calculated in accordance with city council policy which has also been used other similar situations. .,Respectfully submitted, ~~ ,~J 1 ~;~ ; , ' ~ ~ S ~L • i Wayne S. Burggraaff' "r~ ' ~~ City Mar:ager WSB/e7a cc: Public Works Director Finance Director - City Attorney ' .:i:i~;t.i:"1 Its:. :':, Y{1(.± .., i't)K i':~L`s.lw~:::",' ~ii..aE.1~, t;z:_ r__iy cc)~x,___ °i~.~ li?~~t:nined taj _n-ti<sr_icln :~< <. Ii._..-n.~n-.~lr :~_:r.,c .. )f:J'~. ~?illCilt h•`~J j,':1^1 P:U t'i "iti ~C3i)~8 FO; ~~112 ~~L'Flc=l"3~ 11 L'd lt;l, ,. a2i~rti~ ..:?tl __: d~E'. :)i' ~. ~;:.,. C'.Uitiiiil2~l Liy, <_:iii _ i,,.li.,t~el:>. ti3'~ CIt~ C.C)•_1nC:Ii (1~?:i (i2trx:nineuLL7 i:12t1i1~_C i~='?~?`.1~?';'='ili. :If=i~~~ _li:!L>X'U`Tr:- r:~"I?t.~ :J?t ::lii tIDII-I)~?~i:!iI?Cllt _x'''_1.3 '.v:r~l:i;ll Mil E? < `-t22,~~t1 ~-: ACFi-`~ :li'ti Ut" .~:i`. C.1C~~r C:•Ji%Q; .I: _;?:~~ti h_HFl aril; 1.1 ~i:.%Oru3„lC:Y_' :JLial a pi~i:•"~.C'.'~U11L1;?r1 1.C:u? .= iTl ~~ 4::_';lit.~..!c' ilC ~3 :~~i.ii~,'Itii?5, ... ai _ . `-tit:L:Z.i'.rt5, sll ;.iltur° I)?T::~an?nt 3`Lr~~2t 1IIlUrO'~JPT1~t1tS wtlt-'~.... 1.1?lt2.lted J~~ i)'L2„1..17 U:" ;2tY CC)i1nL21 :?Cr1JT1, ~S1131i. inClui:~ CUn3ti'1Cti.?n Of par?I:an~ltt S~f-'?t`_iL1ri3C'?:i .J2t;1 C:f.:r7 ailil ~ll.~. _:'.r 3Ild Fle'-C:t'_5S<ir.J 3~~L'rt2ncnC::3 crinCl ;JtIL-`r~ dLlz'r''.11I12a t0 .. ._ :l :v?:.;~ibs.'~ til?_ C:Ot15~C11C:~10!1 Oi :i-~..:Y_'r/3C1C .2RCi t;lE.' ~natallatloTl DT v(2dltlonal 'i.~.reY_t ~ii~!}L.ln;:;. ;~.U;~, TEi~K~.{}:~~, i;E IT r:ESO~Y~D 5y the City Council of tha City of iticl2;•i?ld that t:e city a~opt tfle follawing aneral policies for permanent street :i;provel;•.ants: 1. That tie total cost of this improv¢elsnt include rlaterial, ~^anF)c:a~r, eg2lip;nent, financi:l~, -and administrative ovarz'aad rsqui,:ei ii~r ::,e sp~C:i11 a53c'.sSl;len= U~OC~I.I::rO and ~~r;Aru!aIli:'_' O ttliS :Jilt"~C. ~. T(1at CaCil prop?z~v wr.er it~3,~n O~).Li,`_a,3L.[3*1 tc? fin3CiC~ tti? :'9t'I^<?i?ii full cost of on1-:calf of file normal thirty-siri foot r~s:idential sLr~et in front of tli:3 ~~r~opexty as well as a part ion of a si~;z s__eet. That in thi)S~ 1nStsnC>:3 ;il:?.° t.l~ ;Strut iS t0 ~2vil Ilrt:=ri.,1~ t;t'_._e~ r;-.- ruiring 2Xtr3 j>3V?T:?v':tt tiliCi\Ll°_8~, pr any Otil2r ~pc'_Ci<11 COIl5~.C1%t'iOn~ - t>,? property owner ~?ould still pay the .cost cf one :calf cf a T'°_~ _i:2Il'~lc'3:1 n4r2Lt Wl.ttl i)L(12r rz'd.°_1111e .<'iCFt1CC~23 t0 ~)°_ U:S~d f0: t'ti'. IJfil:ltll:.w. :.F :.'.~'~~:i wlt'tt i:lsuf-ficient right of wdy or special conditions t:~airi,l~ n 3)-f~:)oi. street difficult or it-.lpossibi,e would be considered on a,l e:tc:eotlon b-?pis. 3. Ttlat tli2 Curr°LIt F.iS 52SStIi ;'nL IOL ti?@ permanent '3trL'CL i. t:1DZJ:7 °_s li?Ilt ~~ _) ~rfliii shall be a maxirnuin $d a front fOOt W11iCh i3 the ?stimated`.-ulJ. cosh tJf .one-half of a ror7al thirty-si:c foot residzntial strut i.o be spr'~ad " Over :l '`L'w~t'nty-year period 47itil an $ p~rCent p~z 3ntliisil ..::tC:.r°S'L .r•1~? 10~' tilosz property owll~~rs 4lzctin~ to pay over thz c~Jenty•- ,~.~.r pe:i~,1.' Wile tnaxit~utr, ~co5t per front foot ~qay be r~svised periodi.caiiy ~ o Inut~~ idectuztt:~'_ refl.ct the actual cost of till permanent street ;.onstruction. ~~." That the t°rrl front footaga shsll mean the number of feet on til%' ..-ant or .short Hide of t:Ia lot, (~~+hic:hever :i.s lens) , with ti;e i~ollo~illg '-'•`c~n- tion~: a. 'That in tha case of irrei,ular.ly :tlanzd J_ot,, .front t~i~t:t~~e will he det4r*lined Ley the salve. f.ormu.la i:sad for ..tine s:init.try se~rzr lsterai ass~ss;nen: pulcy. b. '1'tlat in the cast of to;~c exempt })ruperty, froth oot:i;e r~ilal.l - include all abuttLng footak;e nn tlrpr.oved right of ways. r ' z °/. .l ~y t: _ .~ :..~.y-i.4~li1C:. (;il 1)ttt?tl:ulr..?1: :.'~J lil.lt -. i cc)_:)r_r 1.-0(_:, :( --,~tln;, lur., - 1_i.)YOVr'. tl CYi? ?: :'i ! t. ~l ~. t')-'. L_,?)Hfl .ell l' :i%~'t-'.~C: f ;7~r)•-:r Ali'. :;t F•tl~ :ia ~aC'Cl t ,_U r: ...' ~ . 1 ~ ,. T •a :: .7•_ l :C :.t) .: •.> 1. ,i o~.. ii C;•1 ~ c~ O~ ~))Y ) i). I ... _._ _ _ _. .. .v_ 1.01. PC?.St ,.y- ?J-°(i_ Cat =_iJti~ :Q 1?r d'/2. :C:. =-r~~:.Ai~~ !fQ~)li... `i ~.~ Vt't ~r t;--_'~ .._ -... ..... _ .. .. _ ... ~ ,) :~u : it ~: L.[:..._ .u~_a~::. i,. 'Chat ti._ t::._ai~'tential str:,e~ :>ur;::~cilti~; .=ilai._ ~~, c~~:I(r<:;-ci o, ~?~•~n ..or ~ 1 ~.,p11:ait'_c c,~rt.~~s '.aril ,~o-ti~lnu ceman~_ curb an!1 ,;u~t°~ . "',lat :irs,'_C:l.t ::tz'eet~. ;;-: const`"):CI^~d !:>in nira ton as~i,aitsc :.oc~cr~~~~~ r?~_h x'art.L::~c1ci 1, `Si;l%nt Cat; i) Ei C: ~,Litt:t'. , !. ~11_i?' ?Jiler~ Oil? city ~Ol1I2C.11 dr'_t>?rC71.S1@S L~n3~ _i"i~1ti'~.J:il~~ C(.1.i3i::L1Cti0.1 ..., desi.r.~bl_ f_~12 oust ~~lall `~e z133~s~ed ~0ne~~~^.t ~;a;n~=: tale _l~):lti.tr.,; p.opez-ty c;wn2r spread acre: :~ fwvs-year I)eriod. . ~, ~t:r)ac :.-esidential driv~way aproTl3 will be COAZJtLUCtL'yL1 :ls mart of t.ite o=l~rali construction~prog_am and ,.ril. ~~ assesstic 1~i0 p?rcent s~ainsr_ Ctie LvutClLlo i)rop~'tty owner and be iticiuded with thr stz?e*_ assess- went to by snrpad over tta t~+entJ-year pericd . 9. `Tciat ~a-ti kno>,rn and ran;lir~d utiiity instillations b? corlpl,~t:,~i s~~v~ore a pzr:nanent street pr.o~ect is initiated. :: f xilat *_::e cosh of Ihz per~ar,e::t sir,»t i:~p:-()vJn~ent g~~?~-u,n uili:cti _lccerc:s ' tilt' tonal aaaessment as ~zz fined ~y t~Is po.'.--Icy s'.~a' I he : ~::an:_t'd by g2r,arai city revenue. Ii. '1'itat tiie palicie~ con*_ainzd in tili3 rQsuiut;on sa:iil h= subject Ca r~odificaLion i.;: aec•esaa^r in i:idividuai casYa iz the c=t;~ c; unCii ' d2tc'rmizz~s t::at tn.". sibs^235n).~nt ar c:3S253Ti1>~Il~:, dr~uiliII~~ -i.7P.l CP!-._' application ,of the poiicies will exceed the beneit.~ =•~cYivecl. Pas3sd by the city council of the City of I:ichfi~ld this 8th day o% Jun', 1970. e12-'f ~ S T Tizomas J. ~iora><~, City Cleric Staniay :J. :`,son, i•#~lyo.r Saint Pt?ter~ Catholic Church ' 673t] Nicollet Avenue South . Richfield, Minnesota 55423. Sr~Ptemher 1,6 , 1~? 5 i ~~, ,, -, i `~ Mayor l_ore:n .Law. - 4-.. ;: 3 is '~.9~1'~ - . 6414 11th Avenue South ~t~ ''i'' Richfield, i~innesota 55423. ,.~ '~-~<~"' 'ti Dear !'l~ycr Lai,: The Par:~sh Counca:l and Financial t:omma.ttees of St• Peters Parish locate,a at 6732-Nicollet Avenue South is petitioning the Richfield City Cr~ut;cil for a reviE?4~ of the proposed curb and street ta>; a ~:sr•::.:s~it:nt to parcels nu!~!ber 351,2 and 41c5. The reasons for- rer.{u~~:>:.:i.nc your reev~:~uat~.on is that th~.s 7_s a unique situ~ition ar.c~ i:'o~~.!..~ b_` used for nstaollShing precedence or future asses~ments• ~;l~:o•: i':: is our opinion that. an error has be`n r:rade in interpreting tF~c.: _...a.cy on 3.E.vy?.ng ~;:;~ ^ssnicr•its on properti es adjacent to C7~ct~' nc~ >''~y E ._ ?i"'i'llnc;''.,1C)n5• 1~~ieretore, Wr_? are regUP_St:Lng the CvilnCll'S ror.r:!_.-.~ -..cn and ~:s~ . _.~:nce i_r, o"taining G r^ervzlu~~t:.ion ~-!nd sear :~1~.:.iental ~i S ::! ~C:•'1'- fOr thC' sir='.:~ de~'ln`d 1.n C.~E'tc3~ 1 1n the cattc?C~lriltnt:.. ~~ .... rF "..~. ~~~ .:Carr;!?. r2r"i1~~ on Ot1r pc°:3rL` 1tl n:^;'i; br1nC!~--nQ L.7~fOrc~~ ti, ~C)'L<nC11 ~~!: 1...._ ~ .!:t~;, 1,~„ 7: '?~' Council !'i;~i;ina, our c!_ _.sai;isfac~'t_icr: ;~: ~n t.i7e ]...: `•' `r; .y t7r~C.rty as"~~':: ,ter,?~-!lt Olir t~E~13rE:= `>ritat~.VC.., y~.,:ere (art ~~'"t t, c, ., ;Mile 1~~i'.t ..'r. c ri (~ 1~'allj~ iii(_~,r i._,`d•t^ fal(? I~.C+r.C:n c~~~~... ~+U ~: ~~r.~. ~., .' ~ jC: .1.i'iSt i ,.~"~.__:~~..On u- r~ac:~ DeLc:'l::;i~'.~.rle)' C1rc'i~' h.L~~;Ca ~..t. .:~~- v t~ •'~. ~_ ,;l'; _ _ `";~. .that, E?~~c i:~ n:? t0 r/'r ~ilC± .vti.er triX ~.`3.JJIII. rst: i' 7_ -ore .. !. _; : GirE':1 '.ii_lr~,..-! Z i~1G~:JEi .> or' at cin cr;Ci....G."1~_.l Lo'aiiC~! ii~2~•i.=.~;g l-3 ;. .. ,. ,'c'u r~ec._ ~.1 1 ,.>c ~~- . ~h, you pt_r`..~~,.~11y .. _!~:.'~'. v.y>, 1~~r,_. ..~., _.:u:,:, c."~~.. ,,. '.:_~-~~ .. ,. ._~~~, your <....•ice _, ._ -~" ~h_. c ~t ~:' '•ii._ ,r +::r,r, ,..,~..:OIV].I;~: t~';_=. S' ttl.:'r....:.,. _i'^~i r~.`,;J .. '1Ct c?YliC~_:J! c.: != _ ~:.~E. ~";c~ .._ :J CJ .fl_ :,1 ;l _ ._ ._.+'~ :f'.C~: ti 1.., a ~:, .. t:~' ~ t;i i ~ ~IrC .., '~, ~ i. 'i !~•::!'~~~_ _. i .~. .. _ ~ ,.~.. F..., to ..._,~. ~ :~ rE.L"`+! ',"p r, r' f" - _.~:.: _ .., ,.':; ` ! .." ~ l ~. t '1 ~ ~ r' L ~ ~. is c? i G/~'t ~'r'~ 1. r`. ".?j.j13.i'~_ l.: .i.l.." rl].~ ~.i1C:,;' L _;-~ {) ~ ....- .~ ~ .Y' , 4~ !~ G C) ~ ;` C C:.. C) rl :, i; Cl l: f~l ~^ ~_ _.. ~_ c. C) t, ~l X c _ ~ _ r: ~ t;~ ~" i~l ~t: e. r' ~ U... i _ J f .i. L ~'C:i t~ ~~,,-, C~_ : ~_ ~ ..r~j.t. ~;;-i of a ce~._ -'i~d >tr•e _'~.. t_ ,~ ~ir:~;ti~;;, ::;~ir,~, '"- _.::i - ~~. i_l~`. ci:i C_n c.i::llt:.!ii^r~~; :3 Ti7E: C:_ty ~"l,.i~ Ur_,_C7 1 OS"' ;. :7iC ~S~e;.:a'",nr: [>l.:r';` C., al.;;t~F~ '{.r:_'.}' _~'%,~ tl"lE 'f,. E~1 1, t•~ _: ~ f ~. ~. X .: i ::: } ~{- C7 Ci '. :. i (' ~`; ~, l-. 1 Ca i.. i 1 '~ ..~ :.{ :, 1. L. :) ~. ~. , _: 1 V 1. 'i ,. ~_ .}' ~i ~ U Cam. `l. . .. , ~ : ~_ 'c f ; t. ~ ' L':a. :.-nv:.., C/n t.~lrE"? i.. +.:~1~` 1'C)~:i` :i ',.,i'.il:~ .'`.;: ~i t.._~rril.'..r~1 :~;,_.~.~n: Cl il. ",.. t h I' c:''~: G C_ ~ t"; C : (l l:i ..: 2 I` f ' ,': i.. `l: C: r, 11. C 1. c:~ t ."a. C) i l ~; ~. ~". ~ ' C~ rl .~,. ~j ..~ L: 1.0 : , ..:• :~. :~. t7 ;~ i:. f C? .. ~ 1 i^ (~t~: ``s~~i_adel.? ii~:~ :~c:.~t'ion ~~ cost: ^~c~ the Ci.t,y 41~~ ~ or ~6 fo-;~ cur'. ;~- - ~ ' City w<:3s cnc:o~.rn~~~:.rt:~d :~i~ce the ::~, rz- r. t: fr_~f ~i~, i:it;o the ci~urck, i.;.~r ~:ing . lot ~• m if ,'~~3G~_:^.._ :t;t~~c-t t.E'; riii!~..:L~:on~ .>rc: t~ x~c e.., ~~ses::ing ~,ii~; f_.:c..,~.i:7.;nE.d strc~~t ~rnc' ci.irb co~:t:~ of ~~LS•.`i:i i=or drac~Enc: ...l.i';_Lt. tf'i,!.~i.r;.tion .:c~;~ears to `~` cxc~•~.~.ive• Z'._rx as .e~...nc~ d~.,~.c;rnd ; c:r•n!v.n~rtior,~;, .n c;ur• ~:~:;inaon, - ~. Mayor Loren Law - 2 - September 16, ],975 is a form of double taxation on both adjacent property owners• ~ On the-East side of Wentworth and East side of Blaisdell we are - being assessed on a front footage basis as will as being as~e::sed for the North end of each de~jdend street terrnlnation for the full sixty {6D} Meet at the established rate of ;15_•43 for street and curb• J2 are assured you Y.ill ^yiL'^c t~is matter your prompt consideration• In .the past, St • Peters has .berry accorded fair and equit~•ble assessments and- we are certain this prasent, and. all futur e, assessments u.•ia.l 'ue treated in-the. same manner• •- • If necessary,. we are available•to discuss this matter with the Council. and/or merr,bers of the City Planac~er's Staff• Contact me if further d?scussions Gnd/or information is r2quired• Sincerely, _ ~ . Michael J • 'I'atohe 6344 } nth Av-.,uc Sout~~, Minneapolis, Minnesota 5543 Phone t~66-52D1, Busir:nss 'hone= ~'S3-49?1: cc~ b!• Burg;•~_f~~, Ci~..y i~lonag_er E • E • Jac.bosor~ V• L• Luatt~ir~,~.r I • Luder~as .~. . September 16, 1,975 • ATTACFIf1LfJT 2 • Assess~:1 _._._ C:~ feet .:~ PARCEL 412 j . Actual I 35' -y ~ ~1 ~ In ~ ,4: f ,' .~ ~ • , 7' Y i c ~~ / i Street blacktcp meets ~ V ~ :;,' parking lot biacxiop ~ ~ - %~ ;~ ~ 12' .5Q' . ~~ ' r Y ~ ~ ~ } ~ ~~ ~ j ~ ;; :,~ ~ r' ~ ! , _ ~ , . . ~, f--, ) ~ i ~~ ~ M ~: ~ t"1 ~ - - w~s~r 68tr. s~~~_~; r • \' ~ ~- 1_ J V . .. ~ ~ Pa.r,e1 ._.? . petail of :Blaisdell rwenue S` i ~~-=i i ~?~r~ in~~{ io~i frith Parce~_ ~,-'_ ~ ~~ -• ATTACHt1E(VT 3 Septernber 1,~, 1975 . ~ _ " PARCEL 3~-.2 ' ~Acsessed PARCEL 41?_ bU feet •''r Actual. 3~' j _. J >~ ~_ _ ~- ~-p' ~ ~ y ~~c a~ .,ill~.r to ~ e ~d er.d street ,''~ - -. ~/' tE'L'i~11S'i2.1i,lOnS ct~ ~~ F1_lls jury and Pl~wsant --- ;~ t~ 1~7 f~ ~ " ~ ~; 30, o . ~ ~, ~ -1"~ i to rj Y; _ _ ~ , ~ - -- ~ ~ ': ;~ ~ ,.;., ;. O ~j H ~" " ~ ~ - i. -----r - ~~ f , (F - - ! -. € D"~~..1 0.~~ ~~~__. :.}"?1 .~~~r%C't i'.Z..~r ~ ip~i ~f ;1.~ni,i•JO~~til E:V('ni: .. SeptEmber 16, 1`i75 .. :~ ATTACNiI~NT 4' Assessment Summery Assessed Excess Parcel :Item Cost Assessment 4125- 50' front on Blaisdell ~o X /s'4~r7 $ 771.50 - 4125 147' front on Wentworth /~/~a7a ~/~y~ 2271.60 - 4125 b0' street end termination ~on • Blaisdell 925•&0 $ 925.80 4125 30' deadend termination on Wentworth 462.90 426.~;0* .: 4125 12' drive~~fay on Blaisdell .~ • - ~ 352.74 - 4125 30' driveway on .Wentworth _! 4125 197' street lighting :394.44 3512 3~J' deadend termin~ticri on Wentworth '~ 462.9 ~ 426.90 • 351,? 60'. deao'E~nd terminat-icn on pil.lsb,ury 925.80 8.~3 • ~50~ 3512. ?W' de~,~Je~nd ~err.rinc:tion cn . pleasant 462 •:90 4c6. 90X X7030 • ~B - ~~;s0 . ='G ~~ Curb ~co~ts or ;2.00 per runni.ny ;=.:,ot. re~air~ r=or'aGtUal cure? 1.`n:,ths of ab i=eet SeptembEr 1:6, 1,975 ATTACHh1ENT N0• 5 -' - RA TION~;LE AC,AIt~ST ASSESSMENT OF DEADEND STREET TER~1LNATIOtJS St• Peters rationale against the City of Rich-Field`s practice of assessing deadend street terminations at the same established rate of X1,5•;3 per frvr~tage .foot Cre~ n ~'he cost of improvement for. the curb and street project has been assessed and collected from the two property owners on each .side of the street• Further assessments on these stre+?ts represents '/ d o u b 1 e taxation • ~2 krl~q- ~_.~g~-~c-eu• a a 3 ~ . ~ ~ ; o•? ~ ~.S % T.~' ~ 61hen these deadesid street terminatiGns beco,,:e continuing thorough- fare:~, expense + or ? nstali:ation of the street and cu::^b become the • responsibility of tf;e present property owners • Assessing the pro- perty now, far the r=u1) sixty {60} feet at ~'~?,5 • 43 per foot represents .double taxation. e At the present utilization o-f the property ~~djacent•to,these deadens • terminations ..the property o~.~ners ~,r~e _not receiving or aeriving SUfflClet'lt :.'.;.r1F'i 1t.`: tU 4~'arrc;nt on c~:~Se;~S:''lent Gf ~~5•• ~{~ pE?rfGGt {cQ fGGt c~ll~-Cc1i,3.C;'!~'• As an ex~:mple•, pc3r}:_..ng of one vehicle adjacent tG the C~E'.c!:,`~nd street t~'i ri1 nc-'1 Cl.'r~ 1 S 1rnpO~Sible and: Gr r rOr'i161t~d ~ ActUal pr'O„itCt CCStS incurred cat tho C?c'?e~denCi. Stre-t ter^1111~tlUn 1S lz:':1tEd i,0 the ~ tl:;%J~_~:c~i,1On Uf CUr`l~S cnl;r lvi"1:C~'1 1S less tilc.n th` ~ -, $.~5. 4~ psr -Fool- beinc, asses:~ed . a I w~~lve foot ea~~~•rrE_nts are bE~i ng included ire the asses. ,r nt ca~lcu- lai;lUnS 1"Or dEc~~~_nr~ StrE'E't tf?r~;~i C~c':tlOnS CGnti~c:ry t:G ti's? ;:.°._ =r', policies and precec'-once est~~~1i shed fo-r all cGrner loin tfil ~~~_:~~hout the C1~V' c A unique situateion deservirg special policy con~iderati.on frcrn the Council_ since. it `stablishes precedence for future asSEr~~r+lents• t .tea ,,: ~~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No, 301 • Agenda September'. 2 2 , 19 7 5 .The Honorable Mayor .. and ' Members of the City Council City of Richfield ' ~' Gentlemen: Subject: Deferred ,Assessment of 6744. Wentworth Avenue At the .August: 25, 1975 continued hearing on adoption of the' assessment roll for 1974 street improvements, Mr. Lawrence Woznictika appeared and re- quested that the council defer action on his proposed especial assessment.. He cited several reasons related to ;general faults with the project, but not related to `his direct pecial assessment benefit. It had earlier been reported that the property owner was dissatisfied with:his,driveway. The Public Works • :Director reported that the driveway would be redone to the owner's satisfaction,. with additions cost to be borne.by the~citp*r Cs~~•`1v.a~c~o+~. . State law requires the city to certify a l special, assessments to,the county by October 10. Since this_is-the last regular meeting of the council before that date, the staff requests tYa this deferred special a sessment be confirmed. "To defer-:any longer on this .item. would result in the: property owner not being assessed until October 10, '1976,. and the less of one year's interest on the proposed assessment. The proposed assessment on this property is summarized as follows: . _Front .Street $47T . 35 Side Street 212.11 - Street lighting 117.84 Driveway' -' ° 154 . Z 9 ` Total $955.50 It is recommended that this assessment be adopted. It should be noted. that the property owner does .not have 30 days in which to make.a partia >,. CITY OF RLCHFIELD, MINNESOTA Office of City Manager Council Letter No. 300 r Agenda September 22, 1975 The Honorable Mayor ..and Members of the City Council City of Richfield " Gentlemen: Subject: Hearing on 1975 Street Assessment, 424 East 73rd Street, Plat 44834, Parcel 82 At the August 11, 1975 hearing on the proposed assessment` for 1974 .street improvements; the city council deferred .adoption on certain proper- ties, with the, proposal that they be resolved at the August 25 regularcouncil meeting. At the continuedhearing.; the:eouncil made a.determnation: to ad- just the special benefit accruing to~a landlocked. commercial property located at 420 East 73rd Street. ' It was ,dedided to notify the property owner of the proposed incre~s~e iri the benefit from $685._67. to $796.50 at the regular meeting _, of September 22 , 1975 . - ';; Tree owner or- his prc~erty is listed as Mr. Russell H. Lindberg,` 5700 West 2'S 1/2 .Street;- Minneapolis. Mr. Lindberg was notified on September 2, 1975 of this proposed' hearing. hat the s eciai assessment of $796.50 be ado ted. It is recommended t p P .Respectfully .submitted, • Wa nurggraaff Y City Manager WSB/jea cc: Finance Director. . ~,..,_, __ ~r~ CITY OF RICHFIELD, MINNESOTA ~ 3 Office of City Manager Council Letter No 299 Agenda September`22., 1975 ~' ,. The Honorable Mayor - a nd Meanbers of the City Council City„of Richfield Gentlemen. Subject: Prepayment.of Special Assessments on Gity Property. There is a resolution on the September 22nd city council agenda to pravid.e for both current payments. and prepayment of existing deferred special assessments • on city owned property.. Special Assessment Practice It has always been the practice of the city ,to specially assess all properties, including tax `exempt land, in an improvement district according to the existing special assessment policy at the time of the improvement. .The city owned, property has beer included in this policy. Attached to this council letter and labeled • Exhibit A, is a summary of the current and deferred special assessments for which a direct benefit has'beeri assessed to the city. .Exhibit A identifies the assessments in fwo ways , the assessments 'pertaining to individual bond issues and in another summary it totals .the same figures by the .types. of property, owned by the city. . Source of Funding _ The payment of special assessments on city. property has been funded several different ways: . l . Prepayment of assessment roll. by special revenue funds . 2 . Allowing. the assessment to'be spread on the property tax statement and including provision for annual payrnsnt in the regular. operating budget... 3 . The levying of a special property tax for "special assessments. on "city property . " 4. The cancellation of ad valorem taxes and special assessments on city property and fihe transfer of funds for such cancellation from other available funds of the city. . Alternative 1 has become exhausted primarily' because the special revenue fund monies have been fully earmarked for other priority projects . You will recall that \ two years ago in the development of New Fordtown Park the council by ordinance appropriated $10, 000- in special revenue funds to prepay 1972 `.storm sewers and permanent street assessments in that area..: Council Letter No. 299 - 2 - September 22, 1975 ~; . f; Alternative 2 has been used more frequeniay. However, the operating budget of :the. city is severely limited in its funding: sources and the growth in special. assessments on city :property with the permanent street program has raised the amounts to a level where staff feels'it is impractical tocontinue this policy and is recommend- ing that an attempt be made~to prepay-all deferred special assessments and remove this item from operating budgets . Alternative 3 has been used back in the sixties when there were substantial sewer assessments on city property. This alternative becomes impractical because of the levy limits law~whch now requires such; a levy to be identified by bond issue, which is not subject to the .45°h homestead property figures . Alternative 4 appear"s to be the most logical approach and would be in keeping with previous practices of the city. Specifically, the' funding for the existing $158.,124.48 liability. for special assessments on city property is to provide funding by resolution, whereby. the "municipality's contribution in aid of construction" to the sewer fund be.returned to the general fundand these unanticipated revenues. be appropriated for debt service. The sewer fund's.."municipality's contribution in aid of construction":-was created back in the early fifties when general obligation sewer barids financed the entire sewer system and the city levied property taxes to-pay for these bonds. The municpality',s contribution at that time was $170,785. Tri 1965, the .council appropriated $75, 000`: a+s a partial :reimbursement and used' these funds to cover cancelled debt service levies on the 'improvement bonds of1965. In 1966, the • council, by resoluaion, authorized: another reimbursement of the "municipality's 'contribution to the sewer utility fuxid" in the amount of $70,-000 which was used for cancelled tax levies on the .improvement bonds 'of 1960 and 196:5. In:1971, a. major portion of the sewer fixed assets,- namely the interceptors, were acquired by the Mefxopolitan Sewer Board at- its .current market value. and the sewer utility fund received an increase in the municipality's contribution in the amount of .- $259, 950 for the 'existing debt on the sewer system. ,Since all sewer bonds have been formally retired. and since ownership of the major fixed assets of the- sewer utility fund has been transferred to another agency, it would be appropriate to return: to the general fund the municipality's-contribution for these fixed assets and appropri- ate the same for -debt. service by prepaying special assessments on city property to the various debt service funds It is recommended that the attached resolution be adopted. Respectfully submitted, ~j~~~`. t~'ir ~ Wayne S . Burggraaff `, City Manager: . cc Finance birector Public Works Director . ~ RESOLUTION NO. . ' RESOLUTION AUTHORIZING AND DIRECTING FIXED ASSETS CHARGES TO • RETAINED EARNINGS IN THE SEG?ER UTILITY FUND AND TKANSFERRIN~G FUNDS TO THE GENERAL FUND AS A REIND~URSErfENT OF THE MUNICIPAL'ITY'S CONTRIBUTION FOR. CERTAIN FIXED ASSETS AND APPKOPRIATION OF MONEY TO PREPAY'SPECIAL ASSESSMENTS ON CITY PROPERTY WHEREAS, certain fixed assets consisting of.land, equipment and buildings in the construction of .sewer lift stations and. sanitary sewers are recorded. in the Sewer Utility Fund,-and WHEREAS, these fixed assets have been paid for«and recorded as a contri- bution by the municipality, and WHEREAS, on February 8, 1971, by Resolution No. 4749, the City of Richfield entered into an agreement with the.rletropolitan Sewer Board to transfer certain interceptors located in Richfield, and • WHEREAS, such agreement provided that the Metropolitan Sewer Board, upon assumption of ownership, would assume the existing bonded indebtedness and thereby increased. the municipality`s contribution in tre Sewer Utility Fund, and .WHEREAS, it is hereby determined that the Sewer Utility Fund, as a self .supporting public service enterprise,.should bear the cost offixed.assets necessary fo-rits operation,. and ~ . • .tJHEREAS, it is .the intention of the City to set sewer usage charges in an amount sufficient to meet annual service charge. without duplicating costs through usage charges and tax levy on bonded indebtedness, and ' WHEREAS, it is hereby determined that the municipality's contribution to the Sewer Utility Fund should be transferred~to the General-Fund, and by reason of such transfer it is determined that the actual- receipts of. the City in the General Fund exceeds the budget estimate of receipts for such fund for the year.: 1975 by the amount of $158,125.48; and that such amount should be agpxopriated and transferred to pay special assessments on City owned property in keeping with fihe-policy of not duplicating-:costs by levying taxes on bonded indebtedness for . the same purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield: I: That an amount of $158,125.48 be charged to fihe retained earnings for i 1975 in the,Sewer Utility Fund. 2. That $158,125.48 be transferred to the General Fund as a reimbursement I of the municipality's contribution to the Sewer Utility Fund for fixed assets. .• ` .. • ~ - .Resolution No. (Continued)• ~. • E 3. That the estimated revenues of the City of Richfield from all sources for-1975 ,are hereby revised as follows; E. r FtaND _ AMOITNT t General Fund $158,125.48 Increase ~ E 4. That the sum of $158,I25.48 is hereby•appropriated from the General Fund ~, Unallocated Division to pay current and deferred special assessments an City o~med property to the various debt service funds to which these special assessments apply. 5. That the General Fund budget of the City~for the 1975 is hereby amended • to the extent provided in this resolution. Passed by the City Council of-the City of Richfield thaw 22nd day of September, 1975. . - Loren L. Law Mayor ATTEST:. • • Thoanas ~ J. Moran City Clerk •, "+ t _ .EXHIBIT A; 51~I`''MARY OF SPECIAL ASSESSNL"NTS ON, CITY PROPERTY BY PLAT AND PARCEL - CURRENT DEFFRRED TOTAL Taft Park .44826/1400 ~ $ 1 731.98 50 248 5 $ 10,826.99 33 126:65 $ 12,594.97. 38,375.15 , Christian Park 44826/5200 4482b/8410 . , 2,.32.0.54 ' 15,273.49 17 594.03 , Legion Lake Play Area - 63rd between ~ 44827/1230 34.76 34.76 - Lyndale and Harriet ~ 44827/145.0 88.84- 5,407.17 5,496.01 NicolLet Park 44827/3700 _ 12,983.76 12,983.76 .City Hall Memorial Park 44827/5150 58.76 ' - 305.03 320 94 .363.79 388.84• Madison Park. 44828/0835 44828/3315 67.90 200.42 . 736.64 937.06 Richfield Lake ~ 44834/1105 255.72 34,669.87 34,925,59 Park Augsburg sevelt Park 44834/2227 400.54 1,975.65 84 843 2,376.19 022.30 1 hiugton Park 44835/5622 45085/042 5' 17.8.46 38.84 . 218.24 , 257.08 Girard ,Park MAC -New Ford Town 45880/4815 439.02 20 1 2,853.38 32 752 ~ 4 3,292.4.0 483.52 5, ~~ - ~~ 45880./0985 45880/1350 . 73 It~6.44 . , 951.4.4 . T,097.88 . ~~ 45880/1450. 146:32 950.48. 1,096.80 i~ • '45880/1240 146.32 950.48 1,096.80 . ~ Ford Tcwn Park 45880/2900 1,34782 9g T56 S,58t+.32 019.93 1 9,932.14 I, 176.91 .-New Ford Town ~+ 45880/1390 45880/3090 . ,. 146.32 , 950.48 1,096.80 ,~ ~ -- 45880/3380 14b.32 950.48 1,09b.80 ~~ - 45880/3500 116.08 734.82 854.90 ' ~~ ~ 45880/3525 247.88 1,569.59 1,817.47 30 286 Playground 46170/0925 56430/4950 46.30 ~ 134.00 240.00 115.49. .. 249.49 City Garage ferson Park 46790/6330. 381.84. 1,771.39 2 153.23 , 48.51 :posed Park Development .46124/3000 48.51 •-15 006,61 ,143 118.87 X158 125.48 Total '~ •. _ •. • . ~ - ~ ExxlBrr A~ • SUMMARY OF SPECIAL ASSESSI~~T TS ON CITY PP.OPERTY BY LEVY . ~ , 6 . t LEVY N0. ~ CURRENT DEFERRED TOTAL t f - ~ Improvement Bonds of 1953, Series C 1824. Storm Sewer No, 9 $ 28.4.9 $ - $ - 28.49 1830 Storm Sewer No, 226 •..6.27 6.27: Improvement Bonds of 1956 ' 1945 Sanitary Sec~er Lateral 327 .23.55 ~ 23.55_. Tmprovement Bonds of 1960 - • 2408. Storm Sewer No..ll 139.46 512.47 651.93 2409 Grading No. 3 _ 200.42 736.64 937.06 Improvement Bonds of 1961 2~ Water Lateral No. 2 255.72 1,209.24 1,464.96 ' 26 Water Lateral No, 3 637093 .3,015.88 3,653.81 Improvement Bonds of 1962 2873 Water Lateral No. 4 _ 615.74 3,068.03 3,683.7? Improvement Bonds of 1965 - 3028 Water Lateral No. 5 62.89 353.24. 416.13 • .. Improvement Bonds of 1972 5658 ~ Storm-Sewer No. 25 486.40 3,470.95 3,957.35 • Permanent Improvement Revolving • Fund ~ 5662 ~ 1972 Oiling •134.00. 115.49 249.49 ~ Improvement Bonds of 1973 59 1973 Permanent Streets 12,415.74 78,628.45 91,044.19 ' Improvement Bonds of 1974 6173 1974 Permanent Streets 52,008.48 52,008.48 " Total ,$15,006,61 $143,118.87 X5158,125.48_ . .