03-22-76 agendaLEGAL:NOTICE
Pill No. 1976 - 8
.,
Appendix A Transitory Ordinance No. 16.37
AN ORDINANCE PP.OVIDING FOR TIIE EXPENDITURE OF MONEY FROM
• THE SPECIAL 1ZEVENUI; FUNll FOR PA1~3~. ACQUISITION AND BETTERML'NT AND
CERTAIN CAl':CTAL IIviPROVEl`9ENTS
f
Tne City of Richfield Does Ordain:
r.
Section 1. It is found and determined necessary and expedient for
the city to expend money from the Special Revenue Fund for th.e malting of
capital improvements listed in section 2 hereof,-for ~~ihich the city would
be authorized to issue general obligation bonds.
Section 2. The capital improvements and the amount of expenditures
for such improvements, which are hereby authorized to be paid from the
Special Revenue Fund under Section 7.12, Subdivision 2, of the City Char_ter~
a~ re_ as follows
Park Development. 88'' 000.
RGenera Pu z
,.
Improvements 84,500-
~ _
Section 3. Tire expenditures herein authorized shall be made pursuant to
such contracts as are hereafter authorized-from time to time by council
resolution. ~ '~
Proposed by the City Council of the City of Richfield this 22nd day of March,
1976. _ .
• - - __
All persons interested for or against this proposed ordinance amendment are
notified to be present at the regular council meeting on April l2, 1976 and
they will 'be heard.
BY ORDER OF THE COUNCIL .
March 22, ~ 1976
x`homas ',7. Moran City Clerk
Publish March 24, 1976
,- ~~
t ~ CITY OF RICHFIELD, MINNESOTA
Office of City Manager .
Council- Letter No. 87
Agenda March 22, 1976
The `Honorable Mayor '
..and
Members of the- City- Council , 5
City of Richfield ~~--?„~,
Gentlemen:
I
'% Subject: Temporary Sign Permit `
On the March 22, 1976 city council. agenda there is a request from
I Terry R. Stone for permission to install a temporary sign at Stone's Studio,
6400-PennAvenue South. The request is for a`sign to be'installed from
April 1,- April 15 , 1,97.6..
Attached is a copy of tie application. for the temporary ..sign permit which
I was submitted by Mr. Stone. The staff has. reviewed the application and
recommends that the city council deny the permit for the following reasons:
1. The proposed temporary sign is 24 square feet. City. ordinance
' requires a maximum size for a temporary sign of this-design of '
no more than 12 square feet. \
2, The` sign will be located very close to Penn Avenue, well outside
of sign ordinance restrictions .
3. :Since Stone's Studio does have permanent signing, the denial of
this temporary permit will not create an undue hardshipo
4, Continued approval of temporary sign permits could establish a ~~
precedent: resulting in a proliferation of these signs throughout
.....the community.
Respectfully submitted,
/,
~N ~~~ ~ ~ .
Wayne S , Burggraaff
' City Manager
{'
I•
• ~ f .
-ct~• -~
CITY CtiF ItlCi.l1'IEI.D
pl1FLIC '.'.?c)R.KS DEPAR`friFNT ~ '~ ~ ~°"'
• ~ PR0'rECT1`t~E INSPECTION DIhISION
APPLICATi~i`I FOR OUTDC)OR AD~IERTI5ING PER'tIT
:ate ~ '~/ ~ 196 Present Zoning ~ Fee Paid
.ocation ~ ~/p0 ~~~~ -~~-~-~ Is sign erected at this date Yes No
~i n Erector S~(~ Address •~ ~U ~ i~~~ /'~- __._ I~~
g
// ~~
h„ter of Szgn 5-~-~~ Address _.
.'i~pe of Sa.gri: •~ `.'all I~ Hanging ~ Ground ~ ~ Roof_~_ Pedestal ~[ Pylon ~~
Single Face (~ Double Face Ausiness ~~Advertising 5q. Ft. ea. side ~~
• ~ • ~ ~~ Co Iction Date ~~/-~
~stimatied cost ~ O Constructed of ~~ G.e/T~ --
~~
Dotal height from: ( oun (Roof)~_ft. Space beneath sign to: (Gfaund) (Roof)
if illuminated: dame of Electrical Contractor Address ~ _._
'"ype of Illumination: Flurorescent ~ P1eon ~ Incandescent( Quartz (~.btercury (~ Other _
~;lear Glass ~ Frosted Glass[ Flastic Covered [~ Shaded ~ Other
Flashing ~ Revolving ~ Traveling r Zip ~ ; Other '__ {Yattage ._„
In Applying for this Permit the Undersigned agrees:
1. To accept and abide by all provisions of_ Ordinances #2.03 and X3.271 of the City of
Richfield and all other pertinent ordinances or regulations that may be adopted in the fut~~.
2 ~ To notify Chief Inspector ~•;hen sign is ready for inspection, but before erection cre~~ has
. left the job. •
3. Electric c,riring on illuminated signs must comply faith City of Richfield electrical ordinsn~_
Signature of Appliea~nt ~~ ~7 •
Address ~U~- ~~" ~ w- Telephone No. ~~~~~-~-3 ~
Approval Recomended ~ ~ Denied ~~.~~~~~~'-'y^~ r Date ~ •~ 19 ate: .
• ~ ~. Chief ~nspectar
Zpproval Recommended (~. Denied ~... ,. `Date 19 _,
Director of Public .''orks- •
Approved - ~ Denied •
• Manager
~. ~ •
='lppxoved by Council: ~ ___,_ '.
Date
Council Stipulations
Date 19~~
a
yI's. 1:~ 3 -r
~ . • ' . -
•
• ... ~ r ~ , •
• - ~
••GROUND SIGN PEDESTAL SIGN FfANGING SIGN
Yll'OTH y~ `d `.~ ~ YlIDTH 1{ :~ .
MOTH `
i ~ ._
._._.
.
` -- - - --- -
._ ~
.
LlA-JE SLEGEND
~~ ~
LEGEND . ~ ' LEGEND '
~~~((~( C~
` I 1~
~'+'C 7-~'+ ~~artES t
/~ U ~ _ _ ~
.
~
~
~
~
~
~~
~
- ~(
i i
I
:.
'
NC
~ ,
~
~ E ~
INDICATE D1 STA i
..
~ - ~ ` ~`- FROM 7HE BUILDING i
.. .N
•t .. GROUND
. ~ YlALL S I G14
~~_ WIDTH
ROOF SIGN
--~. ~t~
LEGEND
i~
i
i
V~•
~.
~1
INOiCATE LEGEND ON
Y.HE REVERSE- SR E IN
~-
;:
CITY OF RICHFIELD, MINNESOTA
' Office of City Manager
_,.
Council Letter No. 86
Agenda March 22, 1y76
The Honorable Mayor
and
Members of the .City. Council
City of Richfield ;,
Gentlemen•
Subjects Resolution Ratifying Receipt of Comprehensive
Training Act Funds From Hennepin County
Hennepin County has requested that the city approve an~agreement with
the. county ratifying the arrangements under which the city receives compre-
hensivs training and employee funds from the county.. The agreement is re-
qured to meet U.S. Department of Labor requirements for fiscal 1976.
• You. will recall that the city does not receive funds directly in this
particular program because we-.are under the required 50, 000 population figure.
However,. we and Mother .municipalities within Hennepin County are eligible
and do receive funds. through Hennepin County. In 1976 'it is` anticipated that
the city will receive an estimated $63, 174 under the current federal appropri-
ation for this purp',ose .
It is recommended that the- city council authorize the Mayor and City
Manager to execute this agreement with Hennepin County.
Respectfully submitted,
-.__,~
i
~. ~a~
~~-
Wayne S. Bun~graaff
City Manager
WSB/eja
cc; .Personnel Director
Finance Director
iQ
i
L
i
CITY OF.RICHFIELD, MINNESOTA
Office of City Manager
~' `Council Letter No. 85
{
i Agenda March 22, 1976
4
The Honorable Mayor
and
Members of the City Council
~ _ City of Richfield ;
Gentlemen:
-i
I a
Subject: Setting Date of Hearing for Board of Review
On the MarcH 22, 1976 city council agenda there is an item for the
purpose of setting the date for the 1976 Board of Review Meeting.
In 1974', the jstate law was changed so that every year is now .considered
a reevaluation year. The law requires the city to reevaluate one-fourth of
the community annually and to adjust values. of the remaining properties in
the city accordingly. State law restricts the increase in the value.. of property
for tax purposes to 10% over the previous taxable value, or 25% of the differ-
ence between the ~ 1975 ~~ value and the 1976 taxable value (whichever is
greater). The taxable value also includes the value of any physical changes
made orr a property in 1975.
j
The city mus~ mail a notice to property owners advising them of any
increase in value:' Property owners must also be notified of the date, time
and place of the Board of Review Meeting.
I
It is recommended that the city council' set the date for the 1976 Board
of Review. meeting for Monday, May 17, 1976 at .7:00 p.m.
.Respectfully submitted,
^, ~
~~~r~k-~. ~~t~
,,
Wayne S. Burggraaff
City Manager
WSB/eja
cc: City Clerk
City Assessor; .
i
~ .
'' CITY.OP RICHFIELD, MINNESOTA
Office of City iVlanager
Council Litter No. 84
,, Agenda March 22, 1976
i,
' ~
The Honorable IVlayox
and
Members, of the' City' Council
' City. of Richfield
Gentlemen:
Subjejct: Proposed Adjustznen.ts in Ice Arena Fees and Charges
On the city council agenda of March 22, .1976.. there is an item providing for
council consideration of a proposed increase in the_fees charged to users of .the
Richfield Ice Arena. ';;The proposed increases have been recommended by staff and
approved by the Park; and Recreation Advisory Commission. These recommendations
reflect only increases or adjustments in fees. and charges with all other rates
to.rerriain the- same. '; The new rates would become effective April l , 1976, except
'for any. c'ont'racts currently in effect.
~ Ba ckaround
User fees and ck~arges have a long history in the field of public recreation.
~ `,To charge or nofi to charge is a policy question which has been debated by park
and recreation advisory boards, recreation staffs and city councils for many years.
However, in recent years, due to increasing demands for,recreation.services,
along with expenditure limitations being imposed on municipal .budgets, there has
been a considerable ~~'ncrease in both the variety of user fees-and charges and the
amounts of money co~,llected. '
Since it was established in 1970, the department of parks and recreation has
utilized the user fee concept in many of its. programs. When the ice arena operation
began in 1971, the u er fee concept was implemented so that the arena could
provide basic servic s on aself-supporting basis. However, increasing costs,
new federal and state wage laws,--and severe levy limitations. imposedon the city
~.made:it necessary in 1975 to make an adjustment in the fees being clarged in order
to mantain.the expected level of service, City staff carefully monitored the ice
arena `operation in 1975 in an effort to reach financial self-sufficiency. However,
at the enid of the 1975 year, arena expenditures had exceeded incorne by approximately
$14, OOO . As a resul of this deficit, the staff again evaluated the ic;e arena expen- ~
ditures and revenues and has prepared revised recommendations. for user fee adjust- . I
ments~. The recomm Indations are related to arena - or city - sponsored programs. 'III
..arid, also to other ice;-rental programs .
~-
i
~. ~
Council Letter No. 8',4 - 2 - March 22, 1'976
_i
~~ .. ~ _ _ .
...
• Staff Recommendations:, Arena Sponsored Programs
i '.
These programsinclude Qpen skating., open hockey, open patch and open
freestyle . The following adjustments are recommended:
. .. Current Proposed
Open Skating, :. $1.00 $1.05.
Open Patch ~ - $1.25 $2.00
e e s le $1.50 $2.25.
O nFret
i
p y
.. ,
~ Prices of discount ticket books, which provide admission. to open skating
have remained constant since the arena openedo ~ The staff's recommendations for
adjustments in these prices are as follows;
( Current Proposed
Adult (18 and over) Books of 25 ~ $19 o SD $19 , 50
Adult {l 8 and `over) Books of 10 $ 8.8 4 $ 8 , 8 4
Student (13 _ 17) Books of 25 $15.60 $15.60
Student (13 - 17) Books of 10 $ 6.76 $ 6.76
-Child (12 and. younger) Books . of 25 $10.40 $13 0 00
• Child (12 and younger) Books of 10 ~ ~$ 4.68 $ 5.20
Family {Any member-Residents Only)
Books of 70 $26.00 $35x00'
~ Season Spec~al -Family Books of ,70 $20.:80..- $26.00
The fallowing program changes are also suggested:
-1. Eliminate the .late afternoon Tuesday .arid Thursday open skating sessions
from November 1 through April 30 of each year. These'sessons are. poorly
attended and these "prime time" hours could be rented at an'hourly rate
which could make that time segment of the, operation self-supporting.
The ten remaining weekly sessions of open skating would be', unchanged.
2. Offer open. hockey segments of one and one-half hours., as well as:the
two hour segments which are currently offered, at a rate o£ approximately
$1.00 per hour, plus tax. Therefore, the admission to a two hour open
hockey ses~ion would be $2:01.0 including tax and the admission to a one
and one-half hour open hockey session would. be $1.6Q including tax. This
would allow greater scheduling flexibility.
3. Examine possibility of elimnafiing .the open patch and open freestyle
sessions .which are offered for the highly specialized skater', -..These
• one-hour segments , offered during the early morning hours at various ~ -
aimes during the season, are poorly attended, If the segments were to
be eliminated, the hours would return to the rental scheduled
' Council Letter No. 84 - 3 - .March 22, 1976
;;
4. Establish a time deadline on use of the discounttickets. Tickets
purchased iri 1971 are still being used.. Although tickets already
:purchased would be honored indefinitely, beginning April 1,..1976,
discount ticket books would be marked and valid for a period of time
through. December 31, 1977, Beginning- January. 1 , 1977, discount
ticket. books; wou d be marked and valid for a one year period of time
from January; 1 through December 31:
5. .Establish a group rate of $.80.per person with a minimum of 50
people for group admittance to open skating sessions.
~ It is fhs staff's position that with these recommended increases, quality
programs and services. can continue to be offered at reasonable,. prices.
Staff Recommendation: Ice Rentals
The-following recommendations are made for increases in charges for ice
yenta
~I Current Proposed
i
Local organizations purchasing
w
4 hour no
10 + hours $35 hour $ 0
0 / /
$42/hour - 1/1/77
Other rental ,ime $40/hour. $45/hour -now
$47/hour - 1/1/77
In the. past, tournament and benefit games. have rented time on an hourly ice
rental charge only. It is the staff's. recommendation that a $150 charge be made
to cover the additional staff necessary to sweep, empty trash cans and provide
general clean up and maintenance during and after such activities o The $150 charge
would be in addition to the ice rental cost.
Records for 197 arena sponsored programs indicate an expenditure of $58,500
and a total revenue of only $16,070. The total operational cost per hour for the
.arena in 1975 was $36.38 for those. hours the ice was in use. Data for. 1976. indicates
-that the operational cost may have increased another $2.60 per hour., The $2.00
hourly increase per year for operational cost has been. experienced each year since
the arena opened. Ti e basic arena-sponsored programs have often been subsidized
to some .extent by re enues from other sources, such as vending machines, skate
sharpening, advertis~.ng, etc. However; because ,the existing rate structure does
not meet. current operating costs, allprograms, including ice rentals, have need
for some other reven line support.
,~
;~
r.
' Council .Letter No. 8~4 - 4 - March 22, 1976. }..=
I '~
Commission Recommendation
,.
.The resolution establishing a park and recreation advisory commission states
that the commission 'shall make recommendations regarding the financial operation
of the department. To that end, .the.commssion at its March l6, i976 meeting
reviewed the staff's proposal for 1976 ice arena fee and charges .
_ ..
City staff and representatives of the .Richfield Hockey Association made a
presentation to the Park and Recreation. Commission at this meeting. The commission
also reviewed the rake structures of other area arenas, which indicate. that the
suggested fees'and charges are comparable to, or less than, charges for similar`
prograjms in other communities .
- ;, . ,
The commssion'woted 6 - 3 to approve the staff recommendations for user
-fee increases.
Summarv
The 1976 budget was prepared with. the assumption that. fees would continue
to be adjusted to keep the ice arena operating substantially on aself=-supporting
basis. It is the opinion of the staff that this- objective. could be met through the
recommended rate adjustments . The alternative of .not making any rate adjustments
• would necessitate reducing arena programs. or other services to provide for the
amount by which expenditures are expected to exceed revenues, Thus, the
recommendations contained herein are made to adjust fees where they are not now -
covering the cost for services rather than reduce arena services or other city
services.
..
It' is the recommendation of the park and recreation director and the Park and'.
Recreation Advisory Commission in which T concur that .the rate adjustments proposed
in this council letter be adopted to become effective for programs and' new contracts
on April 1, 1976.
Respectfully submit d,
~•
- Wayne S . Burggraaff ~ -
City Manager ,
i
WSB/bab .
cc: Park and Recreation Director
Finance Director . ~`
. -
''
_ __
r• H ~ ~
~ rti
m a. O
N fL ~ M
W O- p1 ~
f2' N ~
a ~ ~
.. ~ c~ :n
~~
o ~ Z C)
~ ¢ ~ ~
~ a o '~
m
~ ~
n
~ ~ ~
r- ~ ~ ,~
rt ~
~' ~. m
rt
~ ~ ~ N
~ ~ ~ ~
~ A
N k ~
'~ n ui O
~ '~ O ~
O 1
rt W
~ r. Ul O
~0y ~ p
(-+- O
M
~, bd ~S'
r ~ ~
S`Z.. C ,
` r-
_r
~ ~
m
rn ¢
r- (D
. ~ f-+
~_ V
"G ~
~"f
p SL
c-7-
~p (D
CD tT~
O ~
O
N ~
N
(D
~-n is
O ~
Q O
(D ~
~-s ~
~ `3'
~ ~
r--~ ~
~ ~
5;2.
W
O Q
.~' ~
~+
~ m
O ¢'
~ rr
FO•f (D
¢ '~
rr
~• ~
~ W
rt
(D
'i7
0
m
rn
o
~,,
(D
~-
F...
w
~~
- ~, •
~
%;
O C~ ~ ~ ~ O O O O
H y ~ O~ ~ O N (~D N N
S
~,. ~ ~ (D ~' ~' ~ 7d ~ ~ ~ ~
m m ~ ,
u, ~ ~ `Q
a
m ~ ~ rt
~
~
n ~
z in rn ~ ~ ~ ~ ~ b
~ /A ~P N N t~ t-+ r CL
~, cn cn w
O O Ul N O ¢
O O O O O Cn O (D
' O O
i2.. ~''
f/ w
e--~
v S?+
.~ ~(/>
~ •-• L>
U7
~ {/~
+ {/~ {/~
p ~C/?
h+ V>
N {/~
F.+ Crt
O Cll.
~'
1 N 1-- 1- ~A
O r
O '~'
~ o ~ O ~ O O ~
O ~
O ~
O V ~
o
v~ W o o ~
~ W ~ ~
r- r- ~C/~
Y
~
p x
O
t-+
~ N ~ t-+ t-+ ~A ~P 1 N t-+ t-+ O ~ V
1 O ~ ~ N N -i ~ C
~ ~ 0 0 ~
0 ~ O
0 o v ~ C1
~
O
~
o
~ ~ -n- ~. ~
n
~~ ~
x~ o
m ~
~
N m
1-~ 1~ ~
~ r- ~~ W 1 O
~ •~ N
v ~--~
CTS
U~ ~ CTt A r 1-~ ~-'
W W N . N ~P i
O~ O W O ap O ~ ~ M
~ G17 ~ O ~ O O N V N N ~
O O U7 GI1 U7 Ul ~
O ~
O '~''
v O O O
~
~
r•
~
O
O
¢ tTj
`z
~ ~ ~ x ~
-
~ ~ ~ ~ x
~ ~
~ ~
M
in
~ ~ ~
O ~
O ~
O
1 O N
1 O~
1 ~ 1 O -C)• OO
u,
cn 0
u,
0 0
0 o
0 cn
0
1
~
O ~
O '~' o ~
r
-
r
c
~
~ p
i
. ~ .
1
{~}
{/~
(Jl
M
1 1 0 1 1 N ~ (U
~
• O i -r
O o ,~
' ''''
~
O ~- N
o
o
a
rn
rn
rn
~ .
~ ~
<n
~n
~cn~
~cn~ ~cn
~ .,
~.
O ~
1 ~ (~ ~ O U7 N CIt N O x F.
O O ~ O O O O U7 O Cl7 O r~ ~,p
O O. O O ~ ~-+ V
a o - o ¢ b
~
~
...
CITY OF RICHFIELD, MINNESOTA
.Office of -:City Ntanager
7
Council Letter No. 83
Agenda March 22, 19.7:6
The Honorable Ma~or c~~~r,,,,
and ~ ~0~ S
Members of the Cifiy Council
City of Richfield ' '
i
Gentlemen:
Subject': Resolution of Intent Concerning Parking Restrictions
On State. Aid Streets, 1976 Construction Froject
The 1976 .permanent street paving program area includes several portions
of the city's-state aid street system. These state aid streets are 69th Street
from Penn :Avenue to Xerxes Avenue, Vincent Avenue from 66th Street to 65th
Street, .and 6` th Street from Penn Avenue to Xerxes Avenue. Construction costs
incurred by the city for state aid streets are normally reimbursed by the state..
In order to be eligible for reimbursement, however, the city must construct
these streets in conformance with standards established by the Minnesota State
HighwayDepartmerit. Richfield's basic street designs meet all of the state
standards .except those for street width. State aid criteria require that state
aid streets be cons'~tructed to a minimum width of 44 feet. Narrower widths are
not accepted unless parking is banned from one side of the street. ~f a park-
ing ban is established for one side of the street, the state will accept a 36
foot width.
Since 1974 the city council has elected to construct state aid streets at
a width of 36 feet, iwith parking banned on one side of the street. 70th Street'
between Portland and Lyndale, 73rd Street between Portland and Lyndale, 67th
Street between PortIland and Nicollet, 70th Street between Penn and 35W, 1st
Avenue between 65th and 67th. Streets have all been constructed in this manner.
While it is not nec~ssary for the council to establish specific parking bans at
this. time, it is necessary for the city council to indicate their intent for con-
e struction on -the state aid streets included in the 1976 project.
Therefore, it is recommended that the city council approve the attached
resolution for this ~ urpose. ,The resolution provides:
.. y.
r
a. ,
i_ ...'.
i ~ _
i. _
Council Letter Nq. 83 -2- March 22, 1976
1 . That the city council desires to have 69th Street between
Xerxes Avenue and Penn Avenue, Vincent Avenue be weep
6.5th Street and 66th Street, and 6~h Street between Penn
Avenue 'and Xerxes Avenue constructed to a width of 36
-feet in lieu of the tandard 4`4 foot width.
2 . .That the city council will ban parking .from one side of
.thee street upon completion of'the street improvement
construction .
c f 11 ubmitted
Res a to s
I P Y
i
~--.,
~,~- ..~ .
Wayne S. Burggraaff
City Manager
WSB/eja`
cc: Public Works Director
• Public Safety. Director
RESOLUTION N0.
RESOLUTION,RELATING.TO DESIGN OF CERTAIN STATE AID STREETS
• 69th Street, Penn to Xerxes Avenue
Vincent Avenue, 66th to-65th Street.
6~+th Street, Penn to Xerxes Avenue
BE IT RESOLVED by the City Council of~the City of Richfield as
follows:
~. 1. The city council, haying explored all alternatives, hereby
determines-that the benefits of constructing the following
designated municipal state aid streets with a 36 foot width
outweigh the benefits of a ~+1+ foot traveled roadway width.
When such roadways are improved by concrete curbs and gutters
and permanent street surf acing,. they shall be designed and
constructed at a 36 foot roadway width.
2. Upon completion of such improvements on any such municipal
state aid streets or-any segment. thereof, parking on one
side of the improved portion of any-such street shall be
prohibited and suitable signing t~ that effect shall be in-
stalled.
3. The municipal state-aid streets. to which this resolution is
applicable are the following: 69th. Street from Penn Avenue
to Xerxes Avenue, Vincent Avenue from 66th Street to 65th
. • Street; a.nd 6th Street-from Penn. Avenue to Xerxes :4venue.
Passed by the City Council of the~City of Richfield,.Minnesota this.
22nd day of March, 1976.
Loren L. Law Mayor
ATTEST:
~,
CITY OF RICHFIELD, MINNESOTA ,
~~ Office of City IVlanager
Council Letter No. 82
I _
Agenda March 22 , 1976
The Honorable Mayor
and
Members of the City Council
City of Richfield j
Gentlemen• j
Subject:.Purchase in Excess of $1, 000
On February I~23., 1976 the city council .authorized. the purchase of the
chassis for a pub~,lc safety department rescue truck. This rescue truck
will be a replacement of a .rescue truck currently in use by the fire division.,
Upon de ivery of ;the new rescue vehicle, the present fire rescue truck will
be transferred to the. Emergency .Service Division and continue to be used by
the city in `that capacity. The rescue-vehicle now used by the Emergency
Service Division will be traded in through a county auction. later this year.
The fire: division has studied several alternatives for appropriate
compartmentalized bodies to be used on the rescue truck chassis., The fire-
fighters: who will~be using this particular piece of equipment have also had
opportunity to di cuss the alternatives for the vehicle body. The recommend-
ation of the fire division resulting from. this study is fora compartimentalized
fiberglass body with a "high top" center compartmental area.
The public safety department has received quotations from two local
~ s ha s
companies that provide this type of body. .Charles Olson and Son'
quoted $3, 346.40. while Northwest Tel-E-Lect has submitted a quotation in
the amount of $31-030.80. It is 'the opinion of the public safety director that
both bodies meet the needs of the fire division and have thercapalility to
transport necess ry rescue equipment. Both bodies would also be' compatible
with the chassis which is on order.
.Therefore, it is the recommendation of the public safety director, in
which I concur, that the council authorize. the purchase of the fiberglass
body for the pub is safety department rescue vehicle from the Northwest Tel-
E-Lect Company in the amount of $3,..030.80.
Respectfully submitted,
~~
..~ i
~, ~.
s ;
~~,
.~ .
Wayne S. Burggraaff ~ ;~
City Manager
WSB/eja ~
:.
.,
'! ,
CITY OF RICHFIELD, MINNESOTA
.Office of City Manager
Council Letter No. 81
~ Agenda March 22, ,1976
-;
The Honorable Mayor'
and ,
.Members of the ,City Council
City of Richfield.'
Gentlemen:
Subject: Report From the On-Sale Liquor Study Committee
At the September 22, 1975 city council meeting the city council received
a request from Jerome V. Blatz, Attorney, representing James Assimes, owner '
of Lemon Tree Restrauants, Inc. 'The request was for a, change iri the` on-sale`
liquor ordinance involving areduction-in the minimum square foot requirement
for a restaurant with on-sale liquor. 'The request was submitted for the purpose
_ of enabling Mr. 'Assimes to submif an application for an on-.sale liquor license
}~ for the Lemon Tree Restaurant in Richfield.
The city council took no specific action on-the request, but did reactivate
the liquor study committee for the purpose of reviewing the 'on-sale liquor or-
dnance with respect to the minimum number of square feet required and any
other changes tYat might be desirable in the ordinance. The committee was
requested to prepare a report and submit the report together with. recommenda-
tons to the cit 'council.
Y
The, committee has completed its.-work .and ,the purpose of this .council
~ 'letter is to transmit a copy:of the committee report. The following items are '
' attached:
Exhibit A - The report from .the On=Sale
Exhibit B - A copy of the September 2.,
1975 letter from Jerome V.
Blatz -which was considered
by the city council at the
September 22, 1975 city
council meeting
EXHIBIT A
• REPORT FROM ON-SALE LIQUOR STUDY COMMITTEE
At the September 22, 1975 city council meeting the city council reactivated
the on-sale liquor study committee for the purpose of reviewing the city's current
on-sale liquor regulatory ordinance. The committee was. specifically requested
to review the provision requiring a minimum of 10, 000 square feet for a restaurant
with on--sale liquor.. However, the city council also asked that the committee
review the entire ordinance to determine if any other changes were desirable
based on the years of experience since it was. first adopted.
The following individuals served on the committee:
Wayne S. Burggraaff, Chairman
. E . E :Jacobsen, Council Member
Vern Luettinger, Council Member Alternate
Clayton LeFevere
Stanley Olson
George Kenealey
' Wesley Borgerson
Kermit Randall
The committee met on three separate occasions for the purpose of considering
• the minimum square feet requirement for restaurants and a number of other possible
• changes. The changes being recommended by the committee have been prepared
in ordinance form by the city attorney and are attached to this report. The
following section describes the changes and the reasons considered by the
committee for recommending the change .
RE C OM MEN DATI O1~TS
Square Foot Requirement
The committee has concluded that the minimum square foot requirement for
restaurants be reduced from 10, 000 to 7, 500 square feet. In considering whether
any change should be made in this minimum requirement the committee reviewed
information on the size of restaurants in. our general area which have the ability
to serve on-sale liquor. The committee also considered the potential impact on
the community which could result from reducing the minimum square foot require-
ment. It was the conclusion of the committee members that a reduction from
10,000 to 7, 500 square feet would not detract from potential restaurant develop-
menu in the City of Richfield and at the same time would provide greater flex-
ibility for potential on-sale liquor license applicants .
Maximum Number: of Licenses
• The present ordinance provides that no more than five on-sale licenses may
be issued to hotels and restaurants. This provision is in the present ordinance
-2-
because of the 1969 legislation which first permitted municipalities involved
in the. off-sale liquor busines to issue on-sale licenses to restaurania.
-That statute was repealed in 1974, and state law now permits the City of
- Richfield to issue up to 18 on-sale licenses. Committee members discussed
at some length whether the municipal code should continue to be more
restrictive than the state statute and, if so, how many licenses should be
permitted.. A majority of the committee membership finally concluded that
the number of licenses which may be issued should be increased from five
to seven licenses to reflect the fact that the old split liquor provision is
no longer in the state statute and to give the city council the ability to
consider the issuance of a greater number of licenses.
Clarification of Provisions Concerning Ownership and Processing of Applications
Subdivisian 4 (2) (g) broadens the scope of information which the
applicant must furnish. relating to violations of laws.
Subdivision 8 (5) provides for an investigation. fee when there is a change
in ownership of the licensee. The dollar amount is increased from $75.00.
to $100.00.
Subdivision 9 (2) deals with the process which. is followed in considering
license applications. The changes proposed in this subdivision are of a
housekeeping nature and make the scheduling of a hearing on a license
application more flexible. As a result of this change the manager is in a
• position to advise the council of an application and the council may proceed
• to set a hearing on the granting of the license. However, the manager's final
report need not be submitted to the city council prior to the time the hearing
is set, but must be submitted in advance of the hearing date .
Subdivision 10 (8) has been a mended to condition licensure not only on
the manager, but also on any individuals who have the power to control the
manager.
Subdivision 12 (13) has been changed to make it very clear that the
licensee is required to provide the city with adequate notice concerning any
change in ownership or in agreerner~ts which may in some way affect the owner-
ship.
Provisions Concerning Bonds and Insurance Items
Subdivision 13 (1) has been expanded in order to make it clear that it
is the responsibility of the licensee to keep the required bond in force
throughout the license period.
Subdivision 14 (1) has been revised to increase the mimimum amount
of public liability insurance from $300/100, 000 to $250/500, 000. In the years
since the $100/300, 000 minimum requirement was first included in the
ordinance, the potential economic losses which might occur to individuals
-3-
as a result of dangerous .conditions on the licensed premises have greatly.
increased..' Medical costs, income loss and expensive litigation have all
made the original minimum limits contained in the present ordinance no
loriger adequate. Inadequate insurance coverage could have a devasting
effect upon the person Involved and his family; upon the licensee if the
establishment faces exposure beyond the policy limits;. and ultimately on
the city in the event the licensee is forced out of business by a judgment
not fully covered by insurance. The committee also considered proposing
an increase. in the liquor liability insurance coverage, but found that
present limits reflect the maximum insurance coverage available within
the State of Minnesota for that purpose.
Revocation and Suspension Procedures
Subdivision 19 was changed so that it is consistent with a recent
amendment to Minnesota Statutes Section 340.135.
Provisions on Transfer of License
Subdivision. 23 is a completely new subdivision. The need for this kind
of provision became .apparent as a result of the changes. in ownership which
transpired recently at one of the liquor. establishments of the city.. The in-
tent of subdivision 23 is to specifically indicate certain activities which
would constitute transfers of a license and which would, therefore, require
the same city council review and approval which precedes the issuance of
• an original license.
CONCLUSION
In summary, it was the opinion of the committee that the proposed changes
fall into two general categories . The first category 'includes the change in the
minimum square foot requirement for restaurants and the maximum number of
licenses permitted under the ordinance. It was the opinion of the committee
membership that these two matters should be given special consideration and
attention by the city council since they reflect important policy considerations .
The second category included all of the remaining proposed changes which
generally fall into the area of housekeeping changes, or improvements and
clarifications in the provisions of the ordinance to insure adequate review and
approval powers by the city council.
The changes described in this report and set forth in the attached ordin-
ance amendment constitute the recommendations developed by the committee
for changes in the on-sale liquor regulatory ordinance. They are respectfully
submitted to the city council for consideration.
###
•
~ /.
4
r
JEROME V. BLATZ
GARY A. FLATTEN
JOHN K. BOUgUET
M. J. CALVIN. SR.
Mr. Wayne S. Burggraaff
City Manager
City of Richfield
6700 Portland Avenue South ~ .
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, with 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 ashort distance away, the Lemon Tree, wi7.1 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,
• .~.,._~ v ~.-~-
• Jerome V. Blatz
JVB:tg
,~ ~~,1'J
~ ~~ v
SEP ~ 1975.
Richfield Ci`cyl ~"anager
Ex 6;b++ G
I~ ~
11.06 ON-S9LE LIQUQR ••
Subdivision 1. Definitions, The folloc•~ing terms have the meanings ascribed to
them in this section:
(1) The term "intoxicating liquor" means and includes ethyl ale.ohol and includes
distilled, fermented, spiritous, vinous and malt beverages containing in excess of
3,2 percent of alcohol by weight.
(2) "Sale" and "sell" and "sold" means all barters and all-manners of furnish-
ing intoxicating liquor. including such furnishing in violation or evasion of law,
(3) The term "restaurant" means any establishment, under the control of a
single proprietor or manager, having appropriate facilities to serve meals in one or
more dining rooms having a total area of at least 10,000 square feet,. and cahere 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 which 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, hoz~~ever, 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 o;f its guests note
less than 100 guest rooms with bedding and other. usual, suitable and necessary furnish-
ings in each room, c•~hich is provided•at the main entrance with a suitable lobby, desk
and office for the registration of its guests on-the ground floor, cshich 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 ac•~ay from the :premises cahere sold.
(7) "Minor" means. any person under the age of 18 years, (Bill 7.973-14) 6/25/73
Subd. 2. License Required, No person, except c•~holesalers or manufacturers, to the
extent authorized under state license, shall directly or indirectly deal in, sell, or
keep for sale any intoxicating liquor for "on-sale " sale without first having received
a license to do so as provided in this section. "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) jJhether :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.-
true name(bandl~~fhso ~~~iatyaas suchenameUSor names~nan~~Cinfo~mation~concerninanda~es
> > ~ > > g
and places where used.
279.1 6/25/73
I ~ _ \'
i~ _
I { _,_1
(e) 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 i$ married or single. If married, true name, place
and dame of birth and street residence address of applicant's :present. spouse.
(e) Whether applicant and present spouse are reg~'stered voters, and, if so, ~~
where. _
(f) Street addresses at ',which applicant and pros nt spouse have lived during
the preceding ten years.. II ~~'
(g) Whether applicant or his spouse has ever bee convicted bj; any ordinance,
other than traffic.. Tf so, the applicant shall furnish 'nformation as to the time,
place and offense for which con~~ictions 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 furniGh information as to the time, place and
length of time. ~
(i) Whether applicant has ever been. in military 'se'rvice, If so, applicant
shall, upon request, exhibit all discha=ges. ~ ~._
(j) ,The name, address a'md business-address of',ea h,person who is engaged
in Minnesota in the business of selling, manufacturing o distributing intoxicating
liquor and_orho is nearer of kin to the applicant or his p'ouse than second cousin,
whether of whole or half blood, or who is a brother-in-1 w 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 requiredlof a single applicant in
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 i_s a corporation or ot'ner organization and is applying for an
"on-sale" license, the followin~ information shall bel,fu ni.shed:
(a) The name,,and, if incorpor ated, the state of 'ncorporation. •
(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 oth,er',agent in charge of the
premises to be licensed, giving', all the information about saiel person. as is required
of a single applicant in Paragraph (2) above.
(d) A list of all natural persons who, singly or togeti~::r with their spouse,
or a parent, brother, sister or'child of either of them, own ar. control an interest ir.
said corporation or associati.onliin excess of 5%, or who re officers of said corporati.c~::
or association, together with their addresses and allot er information required of a
single applicant in Paragraph {L) 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 schoc.i:_=
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 dinin~~ room, or dining rooms, which --
shall be open to the public, shall show dimensions and s all indicate the nulkner of
persons intended to be served i~ 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 per~ni.t 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 h,as in the business, building,- -
premises, .fixtures, furniture, stock in trade, etc., andi proof of the source of suc'
~:
money. '~
2-23-70
279.2
- /
~ 1 ~
(9) The names and addresses of all persons, other than the applicant., who have
any financial interest in the business, buildings, premises, fixtures, furniture,
-_. stock in trade; the nature of such interest, amount. thereof, terms for payment or
~._:~! other 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 $otes 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 requre.-
(14) Proof. that the applicant has complied with all of the procedures required -
under the zoning regulations of the city to qualify the proposed licensed premises
as an approved location. The council shall .not act upon an application for a license.
.until all such regulations have been complied with qnd final approval of site and .
.building plans have been given by the council.
Subd. 5. Execution of Application. If the application is by a natural person, by
an officer thereof; if by a partnership, by one of .the partners; if by an unincorpor-
L~: 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. Renewal Application. Applications #or 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 made for a renewal of an "on-sale" license, and in any event prior to the
time that the application is approved by the council, the applicant shall file with
the city clerk a statement made by a certified public accountant that shows the
total gross sales and the total food sales of the restaurant for the 12-month
period immediately preceding the date for filing renewal applications.
{,,..,
,. ; ;r'
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 dolla~os.:.($7,500.00).
2-23-70
279.3
(2) At the time of each original application for a license, one-half the annual
license fee shall be paid rahen the application is filed and the remaining balance shall
be paid before the license is issued. At the time of renecaal of a license, the total
annual license fee shall be paid when the application is filed',. All licenses expire
on December 31, of each year.. Z•Ihenian original license is issued for a portion of a ~'
year the license. fee. shall be prorated at the rate of $62I5.OO per month or portion of
a_month regaining in the license year. All fees shall be pa~id~. into the general fund
of-the city. Upon rejection or c•~ithdracaal of any application ',for a license, the license,
fee shall be refunded to the applic~~ant except where rejection or c~ithdrac~al is for a
'willful ma_sstatement in the licensed application. .(1973-2) 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 shoran on~the application, c•~hetherja proprietor, partner,
manager, shareholder or officer. The minimum investigatingilfee shall not be subject
fo refund. If the expenses of the'~nvestigation 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 fete cahich the city manager deems
. necessary to complete its investigation of the applicant. ~he applicant shall pay such
an additional investigating fee caithin five (5) days of being so notified. If such
additional investigating fee is not paid caithin such 5-day period, the city shall dis-
continue consideration of the application.
(.4} No_part of the fee paid for any license shall be refunded except in accordance
with this section or caith city council action.
- (5) At .any time that an additional investigation is required because of a change
in the ocanership 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.
L=. ~._•
{
Subd. 9. Granting of Licenses. The following procedure shall be follocaed in processi~
applications for licenses under th~Iis section: ~
(1) All applications for a lic!,ense shall be referred toy the chief of police, and
to such other city department as the city manager shall ''deem'necessary,for verifica-
tion and investigation of the fact's set forth in the application. The chief of police
shall cause to be made such invest'~ibation of the information requested in Sub-division
4 as shall be necessary and. shallmake a written recommendat~.on and report to the city
council which shall include a list of all violations oflfederal or state law or municipal
regulations.
(2) Upon receipt of the written report and recommendationby the chief of police
and within 20 days thereafter, the council shall instruct the city clerk to cause to be
published in the official newspaper 10 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 caill be held,.
the-name of the applicant, the premises where the businesslis to be conducted, and such
other information as the council nay direct. At the heari~g opportunity shall be given
to any person to be heard for or against the granting of t e license. After the hearinc
the council may either grant or deny the license. If the license is granted, the council
may caithhold 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 c~ith the requirements of the ordinances
of the city and in accordance caith the •representations made by the applicant. If a
'license has been granted but itsissuance has been caithhe ~d pending completion of the
premises•to be licensed, and if the licensee does not proceed with reasonable dispatch
to ready the premises, the council may rescind the action .granting the license.- Such
action shall not be taken, hocaever, without giving the licensee at least eight days
notice of the time and place of aihearing on the proposed rescission.
279.4 3-12-73
(3) each license shall be issued to the applicant only. Each license shall be
issued only for the premises described in the application
(4) The clerk shall, within 10 days-after the issuance of any license under this
section, submit to the liquor control commissioner the full name and address of each
person. granted a license, the trade name, the effective license 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. lOr Person Ineligible for License. No License shall be granted to or held by
any person:
(1) Who is ineligible under Minnesota Statutes, Chapter 340.
(2) Who is a minor.
(3) 4lho is not of :good moral character and repute.
(4) Who, if an individual, i.s an alien..
(5) Who, within 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, with 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 willful violation
of any .such laws or ordinances.
(6) tdho is a manufacturer or ~•rholesaler of intoxicating liquor.
(7) Za]ho 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
ownership, ,operation, management or profits of such an establishment.
• (3) CJho, if a corporation, does not have a manager ~•aho.is eligible pursuant to the
provisions of this section. •
(9) Who is the spouse of a person ineligible for a license under paragraphs 4, 5,
or 6 of this subdivision and ~•rho, in the judgement of the city council, is not the
real party in interest or beneficial o~•mer of the business operated, or to be operated,
under .the license. •
(10) Ll license may not be granted or rene~•~ed,.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. luny "on-sale" license, once issued, shall be effective only as long
as the licensee, the managing: partner, or the manager, as the case may be, xemains a
resident of the city. (Bill T?o. 1973-14) 6/25/73
Subd. 11. Ineligibility for License, Existence of any of the follo~~ring conditions
render any applicant ineligible fo-r receipt of a license:
(1) TQo license shall be granted, or rene~•~ed, for operation on any premises, on
c~~hich taxes, assessments or other financial claims of the city are delin%*uent and
unpaid, j
(2} No license shall be granted for a foreign corporation.
(3) Tdo license shall be issued for •the premises o~•~ned by a person to ~~~hom a
license may not be granted under this section, except an ocraer ~•~ho is a minor or an
alien.
(4) No "on-sale" license shall be granted for a restaurant erhich dogs not com-
''`~,. ply in all respects with the definition of _a restaurant as contained in Subdivision 1
of this section, nor to any restaurant which does not have a total market value, in-
eluding land, building and equipment, of at least $500,000, as appraised by the city
assessor based upon appraisal data having a base date of January. 1, 1970..
279.5 6/25/73
.I
(5) No "on-sale".license shall! be granted for a hotel cbhch does not comply
in all respects with the definition of a hotel as contained iri Subdivision 1 of
this section, nor to any hotel which !does not have a total market value, including
land, building and equipment, of at least $1,000,000, as appraised by the city
assessor based upon appraisal data having a base date of January 1, 1970.
(6) D:o "on=sale" license shall be granted restaurants or 'hotels unless they
are located in general commercial or ',industrial areas. (1972x11) .6/12/72
Subd. 12. Conditions Governing Issuance. The folloc•~ing conditions govern issuance
of a license pursuant to ,this section: j I,,j
(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 i.n a consp:.cuous place!,in the licensed premises
at ahl times.
(3) Every licensee shall be responsible for the conduct of his place of
business and for the conditions of sdbriety and order in-the place of business and
on.the premises,
(4) Ido "on-sale" licensee shal! 1 sell intoxicating liquor."off-sale".
(5) Ito license shall be effective beyond the compact grid contiguous space shown
in-the license application for such license..
:(6) No minor shall be employed in any rooms constituting~'the place in c•Jhich
intoxicating liquors are sold at retail "on-sale", except than minors may be employed
to perform the duties of a bus boy or dishwashing services in~lho els or restaurants licensee
'
licensed under the provisions of this) section.
(7) No 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 cahom
sale, is prohibited by state- law.
. (3) h'o licensee or any of hisemployees shall keep, poa i
sess, or operate or
.permit the keeping, possession or ope!;ration of any slot machin e, dice, or any gambling
` device or apparatus on the licensed premises, or in any room a djoining the licensed
premises, nor shall any such person permit any gambling therein,
employees shall knowingly permit the licensed
(9) T1o licensee or any of his '
!
premises or any room in those premises or any adjoining bui,ldng directly or indirectly
under'his control to be used as a reslort for prostitutes.
(10) ~`~ny police officer, health officer, sanitarian, building inspector or any
properly designated officer or employee of the city shall have the unqualified right to
enter, inspect, and search the premis',es of the licensee during business hours without
a c~rarrant.
(11) Pio "on-sale" liquor estabhishment shall display liquor to the public
during hours when the sale of liquor 'is prohibited by this ordinance. .
(12) IJo licensee shall apply for or possess a federal c•~holesale or retail liquor
dealer`s .special tax stamp or a federal gambling stamp.
.
(13} Changes in. the corporate 'or association officer,s,~co,rporate charter,
articles of incorporation, bylaws or partnership agreement,' as the cases may be, shall
be submitted to the city clerk c•~ithin',30 days after such changes are made. In the
-case of a corporation, the licensee shall notify .the city clerk tahen a person not
listed in the application acquires am interest which, together.c~~th 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 pur~suant'to the provisions oIf Subdivision 4 of this
section,
~~
i
279.6 6/25/73
(14) At the time a licensee submias his application for renewal of a license,
-~%~ he shall state the nature or amount of any contribution 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 fora 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.
(16) 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 o'r person
~:to person without complying with all of the requirements of an original application,
c uncil and
roval of the cit o
..including the payment of all fees and including the app Y
the .liquor control commissioner.
. (13} No licensee shall sell,-offer for-sale, or keep for sale, intoxicating
artl refilled. No
cka e which has been refilled or p y
n on inal a
li uors in a g
q Y g P
" licensee shall directly or through any other person delete or in an}= 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 with.
(29) The business records of the licensee, including federal and state tax
returns, shall be available for inspection by the city manager, or other duly author-
• ~• 11 reasonable times.
_ ized re resentatives of the city or the city council at a
P
(20) No 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 guest
rooms; nor unless the sale of such intoxicating liquor is made in the manner "cn-
'd n t
~~ c accom anies and is inci e t o
sale are required to be made, nor unle..s such sale p
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-
j:ect 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 when due all taxes, license fees,
penalties and other charges provided by iaw.
(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 citye
made
ion for an cause can be
_ `.(5) All such bonds shall provide that no cancellat y
.." either. by the bonding company or the applicant, without said person first giving
30 days' written notice to the city, addressed to the city manager, of intention to
cancel the .bond.
279.7 6/25/73
.~
Sub. 14. Liability. Insurance.
(1) Prior to the issuance. of an "on-sale" liquor license, the applicant .shall
a ublic liability insurance, policy and (b) a liquor liability policy
file (a) p
covering liability under the provisions of Minnesota .Statutes: ,,Section 340.95
Each of such policies shall provide-coverage of at-least $100;000 and $3.00,000.
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 ea~~r30 dats.opriorrto the~effectivendatelof the.
such cancellation to the city at 1 y i
cancellation. ~ '~
(3) Such policies of insurancejshall further provide that nocpayment of any
claim by the .insurance company shall~in any manner decrease t~e~'coverage provided
for in xespect to any other claim or~lclaims brought aga~.nst t~e insured or the in-
suring company. I novel of th';e city attorney as to form
(4) Such policies shall be subject to app
and execution and shall be issued by~icompanies who are duly 1~icensed to do business
in the State of Minnesota. Such policies, when approved. by he, proper city officials,
shall be deposited with the city cle k.
_ '"on-sale" sale of intoxic~tin liquor shall be
Subd. 15. Hour_____ s of OPerati.on. No
made during the times when such sale) is prohibited. by state lava.
Subd. i6. Restr.ictions 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 consurne any such liquors on the licensed
premises..
(2) Any person who may appearto the licensee, his employees or agents to be a
.minor shall, upon demand of the 1i insee, his empdrover'srlicense,pordnon-qualification
be examined an identification card, .including a gill 1973-14) 6/25/73.
certificate issued by the State Department of Public Safety.
i;,-
Subd. 17. Other Restrictions on Purchase or Consumption.
(1) No person shall give, sell, procure or purchasd i toxicating 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 public place not licensed inl accordance oaith-this code and the laws of the
State of Minnesota. ~~
Subd. 18. Revocation. The city council may suspend or revoke an "on-sale" license
for the violation of any provisionor condition of this section or of any state law
or federal .law regulating intoxicating liquor and shall revoke such license for any
willful violation which, under the',la~•~s of the state, is grounds for mandatory revo-
cation. ',
• ~ ra'nted a hearing upon at
Subd. 19. Revocation Procedure. The licensee shall be g
leasttten days' notice before revocation• or suspension is oldSuch notice. shallcstatel
in cases where mandatory revocation is not provided by law.
the nature of the charges against the licensee. The notice may be served upon the
licensee personally or by leaving the same at the licensed premises with the person
ir. charge thereof. No suspension shall exceed sixty days.
(1970-23) 7-27-70. ',
~:
279.a 6/25/73.
'; ~Subd. 20. Licensing of Employees.
(1) No person shall work as a manager,`-.bartender, cocktail waitress or in any
capacity where such person sells or serves intoxicating liquor in premises li-
censed under this section, and no licensee shall permit any such person to be so
employed, unless such person, .within seven days a.fterebsongmalrbe sopemployedhfor
apply for a license to engage i.n such business. No p Y
any length of time if his license is denied or revoked.
(2) An application for such l.i.cense shall be file:? wi*.'rd the city ..clerk upon forms
provided by the .city and such application shall be verified under oath and shall
contain the following information:
(a) 7"h.e names and addresses of two residents of Hennepin County, Minnesota,
who have known. the applicant for a period of two years and who iaill vouch for the
sobriet honest. and general good character of the applicant.
y(b) A concise history of the ..applicant's previous employment.
(c) 'lfi.e record, if any, of arrests and of•convictions for crimes and mis-
demeanors other than. traffic offenseso
(3) The annual "on-sale." license .fee for any such person shall be x;5.00 and.
shall be paid in advance. A license shall expire on June-30th next. following its
effective date.
(4) Z`he application shall be referred to the police department which shall in-
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, he 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.,..- ears that he has'comr.:itted a.n
:. (5) No person shall be issued a license if it app
act which is a willful violation of Minnesota Statutes 340.07 through 340.40.
(6) Any license issued hereunder may be revoked for any violation of this section
or of Minnesota Statutes 340.07 through 34.0.40 or for conviction of any crime or
misdemeanor involving moral turpitude.
Subd. 21. License Year, Repealed (1973-2) 3/12/73 See 11.06, Subdivision 8,
Paragraph 2.
Subd. 22. Enlar ement Alternations or Extension of Premises. Proposed enlargement,
alteration or extension of premises previously licensed shall be reported to the
city clerk at or before the time application is made for a building permit for any
slxch change and the licensee shall also give such information as is required by
$ubdivison 4.
(70-1) 2/23/70
~.
11..07: SUNDAY LIQUOR SALE LICENSES.',
Subdivision 1. Eligibility. Notwitihstanding the other provisions of the Ordinance
code, establishments to c•~hich on-sale licenses may be issued fo;r the sale of intoxi-
eating liquor, c~~hich are (1) hotels sand restaurants qualified for licenses in Section
11.06 of this code, or (2) clubs as ;defined in i4inr.. Stat., Section 340.07, and c•~hich
have facilities for serving not less. than 30 guests at one time, may serve intoxi-
cating liquors on Sundays betc•~een tl~~e hours of 12 ;00 0' clock noon and 12 :00 0' clock
midnight. in conjunction ~•~ith 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 1
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 cvith 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
twelve months. The fee for such special license for any license year shall be $200.
A special Sunday license is not an a~ldditional license within .the meaning of Section
11.06, 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 11.06 of this code. j~lhere a'n application for such on-sale license has been
made or is being made, the applicati~ori 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.las the procedure for the granting of on-sale
licenses under Section lI.OG of this~~ code, except that the council may dispense with
calling or holding a separate hearix~~g 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 Liquor License Ordinance. The provisions of Section 11.06,
subdivisions 12, 14, 15, 16, 17, 15,.19, 20, and 22~shall~be applicable to any establish-
ment holding a special license pursuant to this section. '(1972]-19) 11/27/72.
279.10
11/27/72
~~: _ { .~.
~. .. ~.~.
. ~ RESOLUTION N0. 4340 .~
. ~:.
.~.:
~ ~ RESOLUTION RELATITdG TO PROCEDURES .~-
`~~ ~ FOR THE PROCESSING OF APPLICATIONS ;`
FOR SPECIAL USE PERMITS FOK CAFES
AND RESTAURANTS INTENDING .TO SERVE.
LIQUOR ' .
' ~ ~ .-
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as
follows:
The following procedures and substantive guidelines-shall be used in the
processing of applications for special use permits for cafes and restaurants in ,`
"_
which it is intended to sell liquor:.
1. The applicant shall retain the services o.f an architect registered in
the State of Minnesota for purposes of developing site and building plans which
meet the highest level of design excellence. and performance standards consistent
with the purposes. and objectives of City Codes.. The arch.tect shall certify all
site and building plans submitted as exhibits to .accompany .any special use or
zo in review rocess. This certification statement shall include the declara
re n
g P
al zed the site and has indi-
i has ersonall viewed and an
tion that the arch tect
P y y
vidually designed the structure anticipated to house the restaurant activity to
fit the site. Also, the architect shall be responsible for managing all of the
development aspects of the plan from the .time of its initiation until its comple-
tion.
2. T'iie applicant, once he has retained the ervices,of ar. architect, shall
~l~ obtain an appointment with the Planning Director of the City for purposes of dis-
cussing the essential development characteristics bf.the proposed restaurant.
The applicant and his architect shall submit a sketch plan of the proposed devel-
opment and which shall show such site organization information as: location. of
parking areas, driveways,. public streets, proposed location of structures on the
site, landscaping plan, existing and final grade .estimates, location of utilities
-and such other information as maybe helpful in providing as complete a picture of
the proposed development. as possible. The Planning Director shall within a time
period not to exceed 20 days, review the information and advise the applicant on
how best to proceed with the project. If the applicant is advised to proceed with
application for a special use permit, more detailed site and .building plans shall
be required for the review and recommendation of the Planning Commission and City
Council. These site and building plans should be-based upon and have evolved ~.
from the informal sketch plans discussed with the Planning Director.
3. After making application for the special use permit, the application shall
be considered at a public hearing before the City Planning Commission. Published
notice of such hearing giving the time, place and purpose thereof shall be pub-
lished in the official newspaper of the city at least 10 days before the date of
the hearing. At the hearing the architect and the applicant shall present the
proposed development project. The Planning'Commission shall review the proposal
and, within 60 days after the public hearing, shall make recommended findings
relating to the granting or denial of the application. .
r":'~ ~. .
,~
~,
iI
J ~ ~ - 2 -
4. The recommended findings oflthe Planning Commission shall thereafter
be considered by the City Council which shall accept, reject or'modify the find-
... ings of the Planning Commission.
5:. If the Council adopts the findings providing for the granting of the.
special use permit, however, the permit shall nevertheless. automatically be con-
ditioned upon final approval of site and building plans by, the Council when such
plans have been completed. ' ~ ~
. 6. _If the City Council approves the special use permit subject to final
approval of site and .building plans,, the applicant shall thereafter submit to
the Planning Director eight (8) copies of .preliminary site and building plans.
l
lans shall be submitted to the Planning Com-
Such preliminary site and building p
mission for review and recommendation to the City Council.) Copies of such plans
-.shall be distributed to the Director of Public Works, Chief Building'Inspector,
the.Fire Prevention Bureau and other appropriate city departments for review and
,'comment prior to consideration of such plans by the Planning Commission. The
Planning birector shall also submit his recommendations with reference to said
plans and with reference to the comments of other city departments.
7. The Planning Commission shall review the preliminary site and building
plans and .recommend approval or denial thereof to the City Council.
.
.
--! ~ 8. The City Council shall review the recommendations,of the Planning Commis-
~sion"relating to the preliminary site and building .plans and sh',all adopt, reject,
or modify the recommendations.of the'Planning Commission. ', If t!he Council approves
preliminary site and building plans, the granting of the special use permit shall
automatically remain conditioned upon approval by the Council of the final site
and building plans.
9:. The applicant shall thereupon prepare final site and building plans for
submission to the City Council. Such plans shall be in accordance with the
approved preliminary site and building plans and shall incorporate any conditions
or modifications thereof required by the City Council.
10. The Council shall review the final site and building plans and, if accept-'
able, shall grant a special use perm~~it to the applicant based upon such plans.
11: The applicant may be required to plat or replat the property upon-which
the proposed project is to be constructed.
schedule a hearing on the application for a
. 12. The City Council shall not '
I
liquor license or any project prior'~to approval by it of final site and building
plans; and no liquor license shall b'e issued until all of 'the conditions attached
.
,
to the granting of tie special use permit have been complied with.
13. .The following standard shall be applicable to off-street parking space:
Provision shall be made for at least one parking space for. each 2.5 restaurant
.
1
~~ seats, plus .5 spaces for each emplolyee, plus one space for each 25 square feet
of banquet or meeting area. TYiis standard may be modified where the restaurant
.:
..
~ ~~ 3
will be located in a hotel or motel which provides adequate off-street parking
spaces .for the entire project.
14. If the City Council denies an application for a special use permit for
a tract of land, no further. application for a special use permit-for the same
tract of land, or any part thereof, shall be filed for a period of 12 months
following such denial.
Passed by the City Council of the City of Richfield, Minnesota, this 9th
day of March, 1970.
Stanley. W. Olson Mayor
Attest:
--~
~. •
Thomas J. Moran
Clerk
-.'~
1
~.
,CITY OF RICHFIELD, MINNESOTA
~ Office of City Manager
I
Council Letter No. 80
i
2
enda. March 2 :1976
A
g ,
L `
The Honorable Mayor
and'
Members of the City Council
City of Richfield
Gentlemen•
Subject: Ordinance Amendment Relating to Compensation of
Ma or and Council Members
Y
At the_ March 8,' 1976 city council meeting, the city council gave first
reading consideration to an ordinance amendment providing for compensation
fo the mayor and council members. The amendment would establish an annual
salary for the mayor~,of $5,400 and an annual salary for council members of
$4,020. ',
A copy of-the ordinance amendment is attached. It is recommended that
this amendment be g~ven second reading consideration at the March 22, 1976
city council meeting..
Respectfully submitted,
Wayne S. Burggraaff
City Manager
WSB/bll
cc: City Attorney
Finance Director
i
i ;
,;
;- .,,, AN ORDINANCE AMENDING ORDINANCE CODE SECTION 12.02
.SUBDIVISION 1, ENTITLED' "COMPENSATION OF MAYOR AND
` -COUNCIL MEMBERS
- i
CITY OF RICHFIELD DOES OP.DAIN:
Ordinance Code 12,02, Subdivision l; entitled "Compensation of •
Mayor and Council Members" is hereby amended i:o read as follo~,~s:
"Subdivision 1. Annual Salary, The annual salary of the Mayor is
($4, X00) $5, 400 and the annual salary for each member of the council is
($3,600) $4,020 to be effective 30 days after its publication. Salaries
of such officers shall be reviewed by Decemk~er of eac'n year.
Passed by the City Council of the City of Richfield, this 22 day of
,~ March, 1976. - - ',
Loren L. Law ~ Mayor
ATTEST:
F `''
I
j CITY OF RICHFIELD, MINNESOTA
Office of City Manager
i
Council Letter No. 79
i,
Agenda March 22 , 1976
~,
i
'The Honorable Mayor
and:
Members of the City Council
City of Richfield ~~
i
Gentlemen:
Subject:'; Ordinance Amendment Relating to Fee Waived Licenses
At the March 8, ;1976 city council meeting., the city council gave first
reading consideration to an ordinance amendment relating to the city policy '
for waiving fees on licenses for food vending machines. The proposed ordinance
amendment would provide that license fees not be waived unless the organization
• or institution involved is anon-profit organization.
A copy of the proposed ordinance amendment is attached. It is recommended
that this amendment be given second reading consideration at the March 22, 1976
-city council meeting i
Respectfully submitted,
'ro ~ /
' Wayne S. Burggraaff
.City Manager
WSB/bll '
cc: City Attorney
City Clerk
~-
I~
I•
AMENDMENT TO SECTION 6.01,
SUBDIVISION 8, PARAGRAPH (2)
OF THE ORDINANCE CODE OF THE
-CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Section 6.01, Subdivision 8, Paragraph (2) of the ordinance
code-of the City of Richfield relating to exemptions from the
payment of;license fees for food vending machines, is hereby
amended to provide as .follows:
"(2) Food services in governmental subdivisions, charitable
institutions, houses of worship, homes for the aged, child-care homes,
.schools , charitable and nonprofit hospitals, and employee coffee shops
are required to apply for and obtain a license, but are not charged.
a fee therefor, but are subject to all other requirements of this
.section; provided that any food vending machine located in any such
establishment must be-owned by the establishment in order for any
license fee thereon to be issued. License fees shall not be waived,
under the provisions of this paragraph (2), as to any insti~.ution or
organization of the type mentioned herein, unless it is"a nonprofit
-,
organization or institution."
Passed by the City Council of the City of Richfield, Minnesota
this day of ~ , 1976.
• Loren L. Law Mayor
ATTEST:
Thomas J. Moran City Clerk
_ ' CITY OF RICHFIELD; MINNESOTA t,
~! Office of :City: Manager
Council Letter No. 78
i
II Agenda March 22, 1976
-
The-.Honorable Mayor
'.anal
Members of the City .Council
.City of Richfield
Gentlemen; ~I .
Subje';ct: Presentation of Freedom Shrine Exhibit by
- Richfield Exchange Club
Dr. Felton Jenkins has requested permission to appear before the city
council at the March 22; 1976 city council meeting to present to the city
a gift of a "Freedom Shrine . "
. The Freedom Shrine consists of a large number of reproductions of
important historicail documents framed for display purposes . This gift
• will be purchased by the Richfield Exchange Club and is bein resented
g p
to-the city in com ~emoration of the bicentennial observation.
Respectfully .submitted,
~t
-,.
~~
~ Wayne S . Burggraa ff
City Manager
WSB/eja .
3. y -- ~Q ~
~ LCs.
S~Pi~uccc ZK. fi.~~
~~~
i
., ~ :~