12-08-09 complete agendaCITY OF RICHFIELD, MINNESOTA
TUESDAY, DECEMBER 8, 2009
REGULAR CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others.
Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
Pledge of Allegiance
Approval of minutes of (1) Special City Council Worksession of November 10, 2009; (2)
Regular. City Council Meeting of November 10, 2009; (3) Special City Council Worksession of
November 24, 2009; (4) Regular City Council Meeting of November 24, 2009;. and (5) Special
City Council Meeting (Truth-in-Taxation) of November 30, 2009
PRESENTATION
1. Richfield Foundation awarding of grants
COUNCIL DISCUSSION
2: Council discussion
• Hats Off to Hometown Hits
• Special City Council Meeting to conduct advisory commission interviews
Notes:
AGENDA APPROVAL
3. Council approval of agenda
CONSENT CALENDAR
4. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has-been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from the
Consent Calendar and placed on the regular agenda for Council discussion and action. All
items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of resolution authorizing Richfield Fire Services Department
acceptance of five miscellaneous grant donations totaling $550 from City residents
during 2009 S.R. No. 243
B. Consideration of approval of resolution reappointing Abisola Omiwade, Raj Bhakta
and Adam Selby to Richfield Tourism Promotion Board for three-year terms ending
December 31, 2012 S.R. No. 244
C. Consideration of approval of Public Health Emergency Response I-II-III from Centers
for Disease Control through MN Department of Health to use for vaccination clinics,
supplies and planning for mass dispensing within community relating to H1 N1 S.R.
No.-245
D. Consideration of approval of contract change order #2 for Ice Arena rink one roof to
remove and replace deteriorated plywood decking and perlite insulation and install ice
and vapor barrier in remaining deteriorated areas in amount of $20,003 S.R. No. 246
E. Consideration of approval of contract to Graymont (WI), LLC Company for quick lime
for water treatment in amount of $168,000 ($120/ton) for 2010 S.R. No. 247
F. Consideration of approval of the following 2010 renewal of business licenses for 3.2
percent liquor sales and 2010 license renewals to operate businesses in Richfield: S.R.
No. 248
License to Sell 3.2 Percent Malt License to Operate in Richfield
Liquor A New Star Limousine & Taxi Service -10
Airport Bowl - On-Sale vehicles
Aldi Foods -Off-Sale Airport Taxi -11 vehicles
Davanni's Pizza - On-Sale Black & White Taxi - 5 vehicles
EI Jalapeno -Off-Sale Ecuadorian Express - 3 vehicles
Kwik Way Foods -Off-Sale Gold Star Taxi - 27 vehicles
RBF Corporation of Wisconsin Latino Americano - 8 vehicles
(Rainbow Foods) -Off-Sale Latino Express -10 vehicles
Richfield U.S. -Off-Sale Suburban Taxi Corporation - 5 vehicles
Sandy's Tavern - On-Sale Twin Cities Airport Taxi - 13 vehicles
SuperAmerica #4186 -Off-Sale
SuperAmerica #4188 -Off-Sale Paul's Rentals & Sales -Trailers and Trucks
SuperAmerica #4191 -Off-Sale Rental
SuperAmerica #4615 -Off-Sale _
Target Corporation -Off-Sale
Vina Restaurant - On-Sale
Notes:
5. Consideration of items, if any, removed from Consent Calendar
PUBLIC HEARINGS
Notes:
6. .Public hearings regarding 2010 pawnbroker and secondhand goods dealer license
renewals:
A. Metro Pawn & Gun, Inc., 7529 Lyndale Avenue S.R. No. 249
B. University Cash Company, LLC d/b/a Avi's Pawn and Jewelry, 6414 Nicollet Avenue
S.R. No. 250 -
Notes:
7. Public hearings. regarding 2010 club on-sale and Sunday liquor license renewals:
A. Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food & Drink; 6715
Lake Shore Drive S.R. No. 251
B. Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue S.R: No. 252
Notes:
8. Public hearings regarding 2010 on-sale wine and 3.2 percent malt liquor license
renewals:
A. Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue S.R. No. 253
B. Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue S.R. No. 254
C. Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th
Street S.R. No. 255
D. The Noodle Shop-Colorado, Inc., d/b/a Noodles and Company, 7630 Lyndale
Avenue S.R. No. 256
E. John E. Powers & Associates, Inc. d/b/a Lariat Lanes, 6320 Penn Avenue S.R. No. 257
F. Patrick's French Bakery,. Inc. d/b/a Patrick's Bakery & Cafe, 2928 West 66th Street
S.R.. No. 258
Notes:
9. Public hearings regarding 2010 on-sale intoxicating and Sunday liquor license
renewals:
A. The Frenchman's, 1400 East 66th Street (includes 2 a.m. closing) S.R. No. 259
B. EI Tejeban Mexica Grill LLC d/b/a EI Tejeban Mex. Grill, 2 West 66th Street (includes
2 a.m. closing) S.R. No. 260
C. Wiltshire Restaurants, LLC, d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue
(includes outside service) S.R. No. 261
D. Don Pablo's Operating Corporation, d/b/a Don Pablos, 980 West 78th Street S.R.
No. 262
E. Paisan Inc., d/b/a Khan's Mongolian Barbeque, 500 East 78th Street S.R. No. 263
F. Champps Operating Corporation d/b/a Champp's Restaurant, 790 West 66th Street
S.R.. No. 264
G. HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue S.R. No. 265
Notes:
10. Public hearing and second reading of ordinance amending Section 930 of Richfield City
Code relating to regulation of noise and resolution authorizing summary publication of
ordinance
Staff Report No. 266
Notes:
11. Public hearing regarding water utility conservation rate structure and storm water 2010
proposed rate increase and resolution establishing utility rates
Staff Report No. 267
Notes:
RESOLUTIONS
12. Consideration of resolutions approving 2009 Revised/2010 Proposed budget and tax
levy and related resolutions
Staff Report No. 268
Notes:
OTHER BUSINESS
13. Consideration of execution of stipulation of settlement with Richfield Hotel Associates,
LLP regarding taking from Ramada Inn property in connection with Lyndale Avenue
bridge project
Staff Report No. 269
Notes:
CITY MANAGER'S REPORT
14. City Manager's report
Notes:
15. Claims and payrolls "
Open forum (additional 15 minutes if more time needed after first Open Forum and by
majority vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
16. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
J
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
November 10, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 6:00 p.m.
ROLL CALL
Members Present:. Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; and Tom Fitzhenry.
Members Absent: Sue Sandahl.
Staff Present: Steven Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Robert Hintgen, Utilities
Superintendent; and Cheryl Krumholz, Recording Secretary.
Item # I .DISCUSSION REGARDING PARKS ORDINANCE REVISIONS (COUNCIL MEMO
NO. 183)
Recreation Services Director Topitzhofer discussed three proposed revisions to the City's
parks ordinance:
Use of Tobacco in Parks
place.
Recreation Services Director Topitzhofer stated there is currently a park rule, not ordinance, in
Council Member Elliott asked about enforcing compliance.
Recreation Services Director Topitzhofer explained the intent is self or passive enforcement
through signage.
Council Member Wroge expressed concern regarding selective enforcement.
Council Member Fitzhenry suggested administrative fines instead of petty crimes. He also
questioned permitting smoking in cars and the overall impact on shelter rentals and park events, i.e.
July 4.
City Manager Devich cautioned the reality of relying on police enforcement.
Council Member Wroge stated there should be a consequence if continual, intentional
violations occur.
Council Member Fitzhenry suggested a trespass option from the park as an immediate
consequence.
Special Worksession Minutes -2- November 10, 2009
The City Council consensus was support for an ordinance prohibiting tobacco use in City
parks and review enforcement options, including administrative fines.
Feeding of Wild Animals or Birds in Public Parks
The City Council consensus was to proceed with a form of restriction, including educating the
public.
Selling Food Products or Services in Public Places
Recreation Services Director Topitzhofer explained the requirement of a peddler's license.
The City Council consensus was to proceed with restrictions, including locations.
Item #2 DISCUSSION REGARDING PROPOSED 2010 WASTEWATER RATE (COUNCIL
MEMO NO. 184)
Public Works Director Eastling discussed the Metropolitan Council Environmental Services
2010 wastewater increase for Richfield, resulting in staff recommending a greater increase to the City
rate than originally proposed in the 2010 budget. The new rate would be part of the budget to be
approved by the City Council in December.
Utilities Superintendent Hintgen stated the rate increase depends upon how aggressive a City
wishes to be in recouping costs.
City Manager Devich added that if there is no increase, the City could spend-down the fund
balance.
The City Council consensus was to proceed with the proposed new rate increase.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:50 p.m.
Date Approved:
Cheryl Krumholz
Recording Secretary
Debbie Goettel
Mayor
Steven L. Devich
City Manager
J
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 10, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; and Tom Fitzhenry.
Members Absent: Sue Sandahl.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Mike Eastling, Public Works Director; Barry Fritz, Public Safety
Director; Jim Topitzhofer, Recreation Services Director; Corrine Heine, City
Attorney; and Cheryl Krumholz, Recording Secretary.
M/Wroge, S/Fitzhenry to determine the absence of Council Member Saridahl from the
Special City Council Worksession and Regular City Council Meeting of November 10, 2009 as an
excused absence.
Motion carried 4-0.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Council Meeting Minutes -2- November 10, 2009
.APPROVAL OF MINUTES
M/Elliott, S/Wroge to approve the minutes of (1) Special City Council Meeting of October
22 2009 (2) Special City Council Meeting of October 27, 2009; (3) Special City Council
Worksession of October 27 2009 (4) Regular City Council Meeting of October 27, 2009; and (5)
Special City Council Closed Executive Session of November 2, 2009.
Motion carried 4-0.
Item #1 ANNUAL MEETING WITH ARTS COMMISSION
Judy Goebel and Ellen Stinger, Arts Commission Co-Chairs, provided a report on the
Commission's activities and goals.
Item #2 ANNUAL MEETING WITH COMMUNITY SERVICES COMMISSION
Gary Ness, Community Services Commission Chair, provided a report on the Commission's
activities and goals.
Item #3 PRESENTATION OF FINAL REPORT FROM PROPERTY EXCELLENCE
TASK FORCE
Patrick Howard, Chair, and Bill Kilian, Vice-Chair, made a final report from the Property
Excellence Task Force.
Mr. Howard suggested the City Council consider the continuation of some form of the task
force.
The City Council requested discussion of the task force continuation and prioritizing the
group's recommendations be scheduled for the annual goalsetting session.
Item #4 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Fitzhenry acknowledged all veterans for their past and current service.
Recreation Services Director Topitzhofer provided an update on the Honoring All Veterans
Memorial site.
Mayor Goettel announced the December 3 Friends of Wood Lake dinner.
Council Meeting Minutes -3- November 10, 2009
Item #5 COUNCIL APPROVAL OF AGENDA
M/Elliott, SM/roge to approve the agenda.
Motion carried 4-0.
Item #6 CONSENT CALENDAR
A. Consideration of approval of resolution granting subdivision waiver, including a setback
contingency, for 6841 Grand Avenue into two single-family lots S.R. No. 213
RESOLUTION NO. 10303
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
6841 GRAND AVENUE
This resolution appears as Resolution No. 10303.
B. Consideration of approval of resolution authorizing summary publication of ordinance
amending Appendix D of Richfield City Code, establishing fee schedule for certain permits
and applications S.R. No.214
RESOLUTION NO. 10304
RESOLUTION APPROVING SUMMARY PUBLICATION OF
BILL NO. 2009-19
This resolution appears as Resolution No. 10304.
C. Consideration of approval of closing Community Development Block Grant Fund and return
residual assets to Hennepin County S.R. No. 215
D. Consideration of approval of change order to Gundlach Champion for $247,555.02 net
reduction to close out Public Works maintenance facility project S.R. No. 216
E. Consideration of approval of Water Supply and Distribution Plan for Utility Division of City of
Richfield S.R. No. 217
F. Consideration of approval of purchase and initial implementation of City Works, asset
management software system, for Public Works Department from SEH, Inc. in amount not
to exceed $65,000 S.R. No. 218
G. Consideration of approval of contract change order #12 to install additional border curbing
and sub-grade excavation for play equipment container in amount of $2,792.90; Lincoln
Athletic Complex S.R. No. 219
H. Consideration of approval of scheduling public hearing on December 8, 2009 for renewal of
pawnbroker and secondhand goods dealer licenses. for 2010 for Metro Pawn and Gun, Inc.
and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry S.R. No. 220
I. Consideration of approval of scheduling public hearing on December 8, 2009 for renewal of
on-sale wine and on-sale 3.2 percent malt Liquor licenses for 2010 for Red Pepper Chinese
Restaurant, Thompson's Fireside Pizza, Chipotle Mexican Grill of Colorado, LLC d/b/a
Chipotle Mexican Grill; Patrick's Bakery & Cafe; Lariat Lanes; and The Noodle Shop-
Colorado, Inc. d/b/a Noodles and Company S.R. No. 221
Council Meeting Minutes -4- November 10, 2009
J. Consideration of approval of scheduling public hearing on December 8, 2009 for renewal of
on-sale intoxicating and Sunday liquor licenses for 2010 for Khan's Mongolian Barbeque;
Champps Operating Corporation d/b/a Champp's Restaurant; Minneapolis-Richfield
American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and
Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Wiltshire Restaurants, LLC
d/b/a Houlihan's Restaurant & Bar; The Frenchman's; EI Tejaban Mex. Grill; and Jun Bo
Chinese Restaurant S.R. No. 222
K. Consideration of approval of request for renewal of currency exchange licenses for New
Unbank Company, LLC; 6421 Penn Avenue; and Los Gallos 12, Inc., 6539-B 14th Avenue
S.R. No. 223
Council Member Wroge asked about the setback requirements for Item #6A.
Community Development Director Stark explained the requirements and that consistency is
encouraged.
City Attorney Heine stated the City Council could place a condition on the subdivision or
continue the item for further discussion.
M/Goettel, S/Elliott to approve the Consent Calendar as amended.
Motion carried 4-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #8 PUBLIC HEARING REGARDING RESOLUTION AUTHORIZING CITY OF
RICHFIELD TO ACT AS FISCAL AGENT FOR $1 MILLION LOAN BETWEEN MN
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT AND
COMLUX AMERICA, LLC S.R. NO. 2224
Council Member Fitzhenry presented Staff Report No. 224.
M/Wroge, S/Goettel to close public hearing.
Motion carried 4-0.
M/Fitzhenry, S/Elliott that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10305
RESOLUTION REGARDING LOCAL GOVERNMENT ECONOMIC
DEVELOPMENT PROGRAM
Motion carried 4-0. This resolution appears as Resolution No. 10305.
Council Meeting Minutes -5- November 10, 2009
Item #9 CONSIDERATION OF SECOND READING OF ORDINANCE RELATING TO
DISTRICT WINTER QUARTER BILLING AMENDING SECTION 705 OF
RICHFIELD CITY CODE S.R. NO. 225
Council Member Fitzhenry presented Staff Report No. 225.
M/Fitzhenry, S/Wroge that this constitutes the second reading of Bill No. 2009-20 amending
Section 705 of Richfield City Code relating to district winter quarter billing, that it be published in
the official newspaper and that it be made part of these minutes.
Motion carried 4-0.
Item #10 CONSIDERATION OF AUTHORIZING TWO-YEAR USE AND INDEMNIFICATION
AGREEMENT BETWEEN CITY OF RICHFIELD AND TOM PRICE FOR RENTAL
OF 4,690 SQUARE FOOT STRIP OF LAND ALONG EDGE OF LINCOLN FIELD
S.R. NO. 226
Council Member Wroge presented Staff Report No. 226.
M/Wroge, S/Goettel to approve authorizing two-year use and indemnification agreement
between City of Richfield and Tom Price for rental of 4,690 square foot strip of land along edge of
Lincoln Field.
Motion carried 4-0.
Item #11 CONSIDERATION OF RESOLUTION AUTHORIZING MAJOR SITE PLAN
AMENDMENT ALLOWING 9,600 SQUARE FOOT ADDITION TO ECOSMARTE
BUILDING AT 1600 78TH STREET EAST S.R. NO. 227
Council Member Elliott presented Staff Report No. 227.
Larry Couture, Jr., applicant, discussed the addition plans to showcase technology.
Council Member Wroge questioned the site possibly becoming rental.
Community Development Director Stark stated the code is met for rental property.
M/Elliott; S/V1/roge that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10306
RESOLUTION GRANTING APPROVAL
OF A MAJOR SITE PLAN AMENDMENT FOR
1600 78TH STREET EAST
Council Meeting Minutes -6- November 10, 2009
Motion carried 4-0. This resolution appears as Resolution No. 10306.
Item #12 CONSIDERATION OF RESOLUTION AUTHORIZING AMENDMENT TO OPTION
AGREEMENT WITH ACCESSIBLE SPACE, INC. FOR REDEVELOPMENT OF
7700 PILLSBURY AVENUE, SOUTH PORTION OF FORMER PUBLIC WORKS
GARAGE SITE S.R. NO. 228
Mayor Goettel presented Staff Report No. 228.
M/Goettel, S/Fitzhenry to approve the resolution authorizing an amendment to the option
agreement with Accessible Space Inc. for redevelopment of 7700 Pillsbury Avenue, south portion of
former Public Works garage site.
Council Member Wroge expressed concerns regarding the reduced number of units and the
impact on the projected tax value, being rushed, not having the documents to review upon which to
base the one appraisal, disregard for the shadow value, and the lack of marketing of the site. He said
he did not support the amendment because he believed the City could do better with this valuable
property. He added the project is commendable but not at this location.
Council Member Elliott stated he shared some of Council Member Wroge's concerns. He said
he was not confident with the true value of the property because comparable information has not
been reviewed.
Community Development Director Stark explained it is standard practice to include the
appraisal with the staff report but some data is private.
City Attorney Heine stated the City Council can have access to the data and suggested this
item be continued to allow time for City Council review of the appraisal.
Dan Billmark, Accessible Space, Inc., said tabling may kill the project.
City Manager Devich stated this is a City Council decision, regardless of the time sensitivity,
and there is now different information to consider.
Community Development Director Stark explained the appraisal considers the best use of the
property. He also discussed the Comprehensive Plan and zoning for the site. He added the letter of
the law is met but the intent is a City Council decision.
Council Member Elliott stated opposition to the amendment without due diligence on the
appraisal.
Council Member Fitzhenry asked about the difference in taxes collected.
Community Development Director Stark responded the federal government determined ten
units as more appropriate for Minnesota. He discussed the tax impacts.
Mayor Goettel stated she believed this was a marginal project and appeared rushed. She
expressed concern the site was not marketed and not the best use of the land.
Mr. Billmark urged the City Council to proceed with the project.
Council Meeting Minutes -7- November 10, 2009
Motion failed 0-4.
Item #13 CONSIDERATION OF RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR NEW
POLICE/FIRE/CITY HALL FACILITY S.R. NO. 229
Council Member Wroge presented Staff Report No. 229.
M/Wroge, S/Goettel that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10308
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
FOR A NEW POLICE/FIRE/CITY HALL FACILITY
Motion carried 4-0. This resolution appears as Resolution No. 10308.
Item #14 CONSIDERATION OF RESOLUTION GRANTING CONTRACTING AUTHORITY
TO CITY MANAGER FOR NEW POLICE/FIRE/CITY HALL FACILITY S.R. NO. 230
Council Member Elliott presented Staff Report No. 230.
M/Elliott, S/Wroge that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10309
RESOLUTION CONCERNING CONTRACTING
AUTHORITY OF THE CITY MANAGER
Motion carried 4-0. This resolution appears as Resolution No. 10309.
Item #15 CITY MANAGER'S REPORT
City Manager Devich discussed the Council Memo requesting the City Council consider
naming the new Police/Fire/City Hall facility the Richfield Municipal Center.
The City Council requested the memo be re-issued for consideration.
Item #16 CLAIMS AND PAYROLL
Council Meeting Minutes -8- November 10, 2009
M/UVroge, S/Elliott that the following claims and payrolls be approved:
U.S. BANK 11-10-09
A/P Ghecks: 189957 - 190282
PAYROLL 61978 - 62297; 41459
$ 1,049,717.22
$ 543,733.65
TOTAL
Motion carried 4-0.
OPEN FORUM
None.
$ 1,593,450.87
The City Council meeting was adjourned by unanimous consent at 8:46 p.m.
Date Approved:
Debbie Goettel
Mayor
Cheryl Krumholz
Recording Secretary
Steven L. Devich
City Manager
J
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
November 24, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 6:04 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom
Fitzhenry.
Staff Present: Steven DeVich, City Manager; John Stark, Community Development Director;
Bill Fillmore, Municipal Liquor Operations Director; and Cheryl Krumholz,
Recording Secretary.
Item # I DISCUSSION WITH MINNESOTA LIFE COLLEGE REGARDING FUTURE
EXPANSION PLANS
Kathryn Thomas, Minnesota Life College Executive Director, discussed the college's
programs, success stories in Richfield over the past 15 years and growth possibilities with Ryan
Companies developing a space plan.
Ms. Thomas reviewed potential sites in Richfield, including along Penn Avenue from 62nd
Street to 66th Street; 66th Street and Cedar Avenue; and 77th Street/Pillsbury and Pleasant Avenues
along the railroad tracks, and a funding capital campaign.
Council Member Wroge questioned the college paying property taxes.
Ms. Thomas explained the college is non-profit but if students purchase townhomes, that
would be taxed.
Community Development Director Stark further explained the applicant must apply for tax
exemption and the college's current status of paying property taxes and alternatives.
Community Development Director Stark also stated, to date, Ron Clark has no formal
arrangement with the City related to the 77th Street/Pillsbury and Pleasant Avenues site but is
planning to request in January, that the HRA approve an exclusive rights agreement.
Community Development Director Stark added that Minnesota Life College needs two to three
acres and several factors including traffic volume, pedestrian safety, and distractions for the students
are considered when sites are reviewed.
Item #2 DISCUSSION WITH RICHFIELD CHAMBER OF COMMERCE
Special Worksession Minutes -2- November 24, 2009
Steve Lindgren, Chamber President; Pat Brekken, 2009 Board Chair; and Tim Carter,
incoming 2010 Board Chair, discussed ways to improve the business climate in Richfield with greater
support for small businesses, including "Proposed Principles for Redevelopment" prepared b the
Chamber in 2001-2001, and housing redevelopment in the 77th Street/Pleasant Avenue area and
along Lyndale Avenue from 66th to 62nd Streets. Providing Richfield Chamber of Commerce board
members an opportunity to bid on City projects and encourage the process include local service
providers were also discussed.
City Manager Devich explained the quote and bid process requirements under State Statute.
There is a fiduciary responsibility to balance cost comparisons when selecting providers.
Council Member Elliott suggested the Chamber compile a list of vendors/service providers on
their board and provide it to City staff for reference.
Council Member Sandahl suggested the City Council and Chamber be provided the quote and
bid process requirements.
The City Council consensus was to have an Out & About segment with the Chamber to
promote use of Richfield businesses.
The City Council consensus was to conduct a future worksession with the Chamber to discuss
their redevelopment principles.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:56 p.m.
Date Approved:
Cheryl Krumholz
Recording Secretary
Debbie Goettel
Mayor
Steven L. Devich
City Manager
J
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 24, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:04 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager;
Pam Dmytrenko, Assistant to the City Manager; Corrine Heine, City
Attorney; and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of. Allegiance.
APPROVAL OF MINUTES
M/Wroge, S/Fitzhenry to approve the minutes of (1) Special City Council Meeting of
November 2 2009 and (2) Special City Council Meeting of November 6, 2009.
Motion carried 5-0.
Council Meeting Minutes -2- November 24, 2009
Item #1 PRESENTATION BY RICHFIELD SCHOOL SUPERINTENDENT ROBERT
SLOTTERBACK
Richfield School Superintendent Slotterback discussed the proposed K-5 school structure,
including a S.T.E.M. (Science, Technology, Engineering, and Mathematics) magnet school at
Richfield Intermediate School.
Item #2 PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR FINANCIAL
REPORTING TO FINANCE MANAGER CHRIS REGIS (COUNCIL MEMO NO.
193)
Mayor, Goettel presented Finance Manager Regis with a Certificate of Achievement for
Excellence in Financial Reporting.
Item #3 COUNCIL DISCUSSION
• WELCOME TO RICHFIELD BOOKLET
• HATS OFF TO HOMETOWN HITS
Council Member Sandahl stated at a future City Council Meeting, she will report on the
recent National League of Cities conference she attended.
Mayor Goettel discussed the Teen Art awards and the display at Augsburg Library.
Bob Hall, Property Excellence Task Force member, was invited to discuss the recently
updated/revised Welcome to Richfield booklet. He suggested distribution options to all Richfield
households and potential advertising in the booklet to cover costs.
Council Member Wroge stated that Mr. Hall was willing to coordinate the advertising
portion.
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Goettel added Item #7B -Consideration of Contract Change Order #1 for the Roof
Replacement of Ice Arena Rink One.
M/Sandahl , S/Wroge to approve the agenda as amended.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
Council Meeting Minutes -3- November 24, 2009
A. Consideration of approval of first reading of ordinance amending Section 930 of Richfield
City Code relating to regulation of noise and scheduling public hearing and second reading
for December 8, 2009 S.R. No. 231
B. Consideration of approval of resolution authorizing City of Richfield Public Safety
Department acceptance of grant funds from State of Minnesota, Commissioner of Public
Safety, State Patrol Division, pertaining to payment of overtime for officers involved in
Operation NightCAP traffic enforcement S.R. No. 232
RESOLUTION NO. 10310
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD/POLICE TO
PARTICIPATE JOINTLY WITH THE MINNESOTA STATE PATROL IN
AN AGREEMENT WITH AND TO RECEIVE GRANT FUNDS FROM
THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY,
TO PAY OVERTIME TO OFFICERS INVOLVED IN OPERATION
NIGHTCAP
This resolution appears as Resolution No. 10310.
C. Consideration of approval of resolution amending previous agreement regarding
Department of Public Safety/Police accepting funding from Hennepin County Department of
Human Services and Public Health for Joint Community Police Partnership police cadet
program S.R. No. 233
RESOLUTION NO. 10311
RESOLUTION AMENDING THE PREVIOUS AGREEMENT FOR THE
DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT FUNDING
FROM THE HENNEPIN COUNTY DEPARTMENT OF HUMAN
SERVICES AND PUBLIC HEALTH FOR A POLICE CADET
PROGRAM
This resolution appears as Resolution No. 10311.
D. Consideration of approval of resolution authorizing submittal of grant application to
Hennepin County Youth Sports Program for funding Richfield Lincoln Athletic Complex
renovation S.R. No. 234
RESOLUTION NO. 10313
RESOLUTION AUTHORIZING THE SUBMITTAL OF
A GRANT APPLICATION TO HENNEPIN COUNTY YOUTH SPORTS
PROGRAM FOR FUNDING THE RICHFIELD LINCOLN ATHLETIC
COMPLEX RENOVATION
This resolution appears as Resolution No. 10313.
E. Consideration of approval of authorizing lease agreements to Clearwire Corporation for
antenna and/or microwave dish space on Penn Avenue and Logan Avenue water towers
S.R. No. 235
F. Consideration of approval of contract change order #13 to install footings and structures for
four scoreboards in amount of $18,436; Lincoln Athletic Complex renovation S.R. No. 236
Council Meeting Minutes -4- November 24, 2009
G. Consideration of approval of bid/minute tabulation and authorizing purchase from General
Safety Equipment, LLC of fire pumper truck and related equipment in amount of $381,102
and authorizing execution of agreement for trade-in of existing fire pumper truck as part of
purchase S.R. No. 237
H. Consideration of approval of change order to Insituform Technologies USA, Inc. for
purchase and installation of additional sewer lining in amount of $4,051.80 S.R. No. 238
Item #5D -Recreation Services Director Topitzhofer stated the grant application is for
$300,000 and if awarded, applied to offset the internal loan.
Item #5G -City Manager Devich clarified funding for this equipment is included in the
budget.
Item #5H -Public Works Director Eastling stated that no additional change orders are
anticipated this year.
M/Sandahl, S/Wroge to approve the Consent Calendar.
Motion carried 5-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #7 CONSIDERATION OF RESOLUTION REQUESTING ADVANCE OF 2011
MUNICIPAL STATE AID STREET FUNDS S.R. NO. 239
Council Member Elliott presented Staff Report No. 239.
Council Member Elliott questioned the advance allotment and the ability to fund road
construction projects in the future.
Public Works Director Eastling explained the funds are already spent and are for planned
construction, not emergency projects. Adjustments can be made as funds are available. He also
discussed bonding against future allotments.
Council Member Wroge questioned capital improvement projects being deferred.
Public Works Director Eastling replied that was a City Council decision.
Council Member Wroge questioned how the Sinclair Station right-of-way settlement was
determined.
Public Works Director Eastling explained the preliminary appraised damages to the property.
Council Member Wroge questioned the funding for the Lyndale Avenue bridge construction
settlement.
Council Meeting Minutes -5- November 24, 2009
Public Works Director Eastling replied that was not addressed in this advance allotment.
City Manager Devich explained that not doing the advance would not absolve the
commitments.
Council Member Sandahl stated the projects need to be funded and benefit Richfield and
using the state allotment is with no interest.
M/Elliott, S/Goettel that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10312
RESOLUTION AUTHORIZING AN ADVANCE OF 2011 MUNICIPAL
STATE AID STREET FUNDS
Motion carried 5-0. This resolution appears as Resolution No. 10312.
Item #7B CONSIDERATION OF CONTRACT CHANGE ORDER #1 FOR THE ROOF
REPLACEMENT OF ICE ARENA RINK ONE S.R. NO. 241
Council Member Wroge presented Staff Report No. 241.
M/Wroge, S/Fitzhenry to approve Contract Change Order #1 for the Roof Replacement of
Ice Arena Rink One.
Motion carried 5-0.
Item #8 CONSIDERATION OF RESOLUTION MODIFYING HEALTH CARE SAVINGS
PLAN (HCSP) FOR MAYOR AND COUNCIL MEMBERS S.R. NO. 240
Council Member Sandahl presented Staff Report No. 240.
Mayor Goettel stated she requested this item be on the agenda because there are new City
Council Members since the plan was implemented and thought it should be revisited.
Council Member Wroge expressed concern regarding participation being mandatory.
The City Council unanimously agreed to increase the City Council HCSP contribution to $50
per pay period.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
Council Meeting Minutes -6- November 24, 2009
RESOLUTION NO. 10314
RESOLUTION AMENDING THE PERSONNEL POLICY FOR THE
CITY COUNCIL ESTABLISHING A POST RETIREMENT HEALTH
CARE SAVINGS PLAN
Motion carried 5-0. This resolution appears as Resolution No. 10314
Item #9 CITY MANAGER'S REPORT
City Manager Devich reminded the City Council of the November 30 Truth in Taxation
Meeting and the cancellation of the December 17 Special City Council Meeting because of a
change in the new facility bid process.
The City Council consensus was to name the new Police/Fire/City Hall facility the Richfield
Municipal Center.
Assistant to the City Manager Dmytrenko provided an update on the parking changes at City
Hall during construction.
Mayor Goettel stated that the Mayor's Hour would be moved to December 5 and she would
notify staff.
Item #10 CLAIMS AND PAYROLL
M/V1/roge, S/Sandahl that the following claims and payrolls be approved:
U.S. BANK 11-24-09
A/P Checks: 190283 - 190615 $ 2,625,792.47
PAYROLL 62298 - 62613; 41460 $ 486,218.61
TOTAL
$ 3,112,011.08
Motion carried 5-0.
OPEN FORUM
None.
The City Council meeting was adjourned by unanimous consent at 8:15 p.m.
Council Meeting Minutes -7- November 24, 2009
Date Approved:
Debbie Goettel
Mayor
Cheryl Krumholz
Recording Secretary
Steven L. Devich
City Manager
J
SPECIAL CITY COUNCIL
MEETING MINUTES
Richfield, Minnesota
Special Meeting of the City Council
November 30, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Council Members
Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; and Tom Fitzhenry.
Council Members
Absent: Fred Wroge.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
Karen Barton, Acting Community Development Director; Todd Sandell,
Acting Public Safety Director; Jim Topitzhofer, Recreation Services
Director; Brad Sveum, Fire Services Director; Bill Fillmore, Municipal
Liquor Operations Director; Chris Regis, Finance Manager; and Cheryl
Krumholz, Recording "Secretary.
M/Goettel, S/Fitzhenry to determine the absence of Council Member Wroge from the
Special City Council Meeting of November 30, 2009 as an excused absence.
Motion carried 4-0.
Item #1 TRUTH IN TAXATION PUBLIC HEARING REGARDING 2010 PROPERTY TAX
LEVY AND 2009 REVISED/2010 PROPOSED BUDGET AND PROPOSED 2010
WATER, WASTEWATER, AND STORM SEWER UTILITY RATES S.R. NO. 242
City Manager Devich stated the public hearing is not the forum to address property tax
values. The value determination is handled by the "County Assessor's office during open book
process. The public hearing is to discuss the proposed tax levy for Richfield.
Special Meeting Minutes -2- November 30, 2009
Finance Manager Regis made a PowerPoint presentation "2010 Proposed Budget and Tax
Levy" (City Clerk's File No. C-455).
Joel Schnell, 6408 Pleasant Avenue, encouraged continued cost savings over the long-
term because he believed Local Government Aid (LGA) allocations from the State will be in
jeopardy in future years. He stated he believed there was not adequate transparency of the
revenue raising mechanisms for the franchise fees and street light fee.
George Puthukulam, 4801 West 98th Street, Bloomington, property owner of 30 unit
apartment building at 76th Street and Cedar Avenue, stated he believed the tax increase burden.
was passed to rental properties which could result in an inability to maintain the property in good
condition.
Council Member Sandahl suggested Mr. Puthukulam contact City staff to join the Richfield
Apartment Managers Association Group which deals with tenant issues.
Dean Springer, 6813 Queen Avenue, requested clarification of the tax increase on his
property.
Finance Manager Regis explained the tax capacity rate, market value, and class rate
included in determining the tax levy.
Rick Stone, 6935 Irving Avenue, requested clarification of the tax increase on his property.
City Manager Devich explained how the tax levy impact is different for every property.
Larry Wozniczka, 6744 Wentworth Avenue, requested clarification on the revenue
generated by the recently implemented street light use fee versus the percentage impact on
property taxes, tax abatement levy, increase in gas and electric franchise fees, debt service
breakdown of principal and interest for each project, and sale of bonds for the new City Hall facility
before the funds were needed. He requested the City Council be more diligent and demanding of
staff.
Finance Manager Regis explained the tax abatement district which was established by the
developer agreement with the business subsidy as an incentive to do the project.
Finance Manager Regis explained the consolidation of Tax Increment-type and General
Obligation-type bonds included in the budget.
City Manager Devich stated the City Council in office at the time, decided to proceed with
the City Hall financing and bond sale because interest rates were good.
Council Member Sandahl added that the City's bond counsel, Ehlers and Associates,
recommended the bond sale to save money.
Mr. Springer asked about the probability of change before the City Council approves the
levy.
City Manager Devich explained the City Council makes the decision on December 8, 2009.
State law requires a preliminary tax levy be submitted to Hennepin County by the City Council by
September 15 and it is a firm amount that cannot be increased, but can be decreased. If the City
Council changed the tax levy significantly, City services will change also.
Special Meeting Minutes -3- November 30, 2009
City Manager Devich stated improved communication to the public of the tax capacity and
tax impact is needed for better understanding.
Matthew Clemenson, 6736 Park Avenue, asked about the City considering refinancing the
bonds with lower interest rates and alternative income services other than property taxes.
Council Member Sandahl explained the use of liquor store profits for capital improvements,
and implementation of franchise fees and the street light fee with dedicated uses.
Council Member Elliott added there may be administrative fees established for property
maintenance violations.
Mayor Goettel continued that permits and fees are reviewed annually and compared to
other cities.
City Manager Devich concluded that the City can recoup costs for only what is actually
incurred.
Council Member Elliott stated that the City is weaning from being dependent on LGA to
discontinue relying on the State's allocation determination.
M/Sandahl, S/Elliott to close public hearing.
Motion carried 4-0.
Mayor Goettel stated the Truth in Taxation hearing was concluded and the official adoption
of the final levy and budget is scheduled for December 8, 2009.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:27 p.m
Date Approved:
Cheryl Krumholz
Recording Secretary
Debbie Goettel
Mayor
Steven L. Devich
City Manager
AGENDA SECTION: CONSENT
AGENDA ITEM # [~A
REPORT # 2~F3
J
STAFF REPORT
CITY COUNCIL MEETING
DECEMBER S, 2009
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
BRAD SVEUM -FIRE SERVICES
DIRECTOR
ITEM FOR COUNCIL CONSIDERATION:
Accept five miscellaneous grant donations in the total amount of $550 received from city
residents during 2009. These donations are used to defray-the cost of Fire and Life Safety
educational programs conducted by the Fire Department.
L RECOMMENDED ACTION:
By Motion: Accept five miscellaneous grant donations in the total
amount of $550 received from city residents during 2009. These
donations are used to defray the cost of Fire and Life Safety
educational programs conducted by the Fire Department.
Acceptance of this donation is in accordance with Minnesota State
Statute 465.03.
II. BACKGROUND
Throughout the year the Fire Department receives donations from citizens as an
expression of their appreciation. Several of these donations were through the
Residential Mortgage Group "Refer a Friend, Build Your Community' program.
These donations are often from new residents purchasing a house in Richfield.
Other donations are from citizens who have lived here for several years.
III. BASIS OF RECOMMENDATION
1208FireGrants
NamrE, 77r~E
A. POLICY
• Minnesota State Statute 465.03 requires all donations to be accepted
by resolution of the City Council and adopted by two-thirds majority of
its members.
B. CRITICAL ISSUES
• -This donation aids in reducing the expenditure for Fire operations from
the general fund.
C. FINANCIAL
• There are no financial costs associated with the acceptance of the
grant donation.
D. LEGAL
• Minnesota State Statute 465.03 requires all donations to be accepted
by resolution of the City Council and adopted by atwo-thirds majority
vote of its members.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• None
V. ATTACHMENTS
• Resolution.
VI. PRINCII'AL PARTIES EXPECTED AT MEETING
• None.
~~-1
RESOLUTION NO.
RESOLUTION AUTHORIZING ACCEPTANCE OF FIVE (5) MISCELLANEOUS
DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE
CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH AGREEEMENTS AND
TERMS PRESCRIBED BY THE DONORS.
WHEREAS, Minnesota Statute 465.03- reads in part as follows:
Any city, county ,school district or town may accept a grantor devise of
real or personal .property and maintain such property for the benefit of its citizens in
accordance with the terms prescribed by the donor. Nothing herein shall authorize such
acceptance or use for religious or sectarian purposes. Every acceptance shall be by
resolution of the council adopted by two-thirds majority of its members, expressing such
terms in full, and
WHEREAS, the City of Richfield has received five (5) donation from Richfield
citizens, in the year 2009, in the total amount of $550 which is used to offset the cost of
Fire and Life Safety educational programs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. That the City Council of the City of Richfield hereby accepts the five (5) donation
from Richfield citizens, in the year 2009, in the total amount of $550 and authorizes the
City to administer the funds in accordance with the grant agreements and terms prescribed
by the donors.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of
December, 2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: CONSENT
AGENDA ITEM # 4B
REPORT # 244
~- STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, .2009
REPORT PREPARED BY: '
REVIEWED BY CITY MANAGER:
S
L. DEVICH, CITY MANAGER
ITEM FOR COUNCIL CONSIDERATION:
Appointments to the Richfield Tourism Promotion Board.
I. RECOMMENDED ACTION:
By Motion: Adopt a resolution reappointing Abisola Omiwade, Raj
Bhakta and Adam Selby to the Richfield Tourism Promotion Board for
three-vear terms ending December 31, 2012.
II. BACKGROUND
On June 25, 1990 the City Council approved an ordinance to levy a 3% tax on gross
receipts of lodging from Richfield Hotels and Motels pursuant to Minnesota Statutes.
The establishment of the Richfield Tourism Promotion Board, Inc. (RTPB) and the
appointment of directors were also a part of the resolution. Currently there are five
director positions on the Board. The term of each appointment is for three years and
terms. are staggered to maintain Board continuity.
The current appointments to the Tourism Board and the ending dates of their terms
are as follows:
1. Patti Sterbuck, representing the Richfield Chamber of Commerce, term ending
December 31, 2011.
2. Abisola Omiwade, General Manager of Candlewood Suites, term ending
December 31, 2009.
3. Raj Bhakta, General Manager of Americlnn, term ending December 31, 2009.
4. Adam Selby, Ramada Inn, term ending December 31, 2009.
5. Vacant,-General Manager of Motel 6.
Each of the three current RTPB members whose terms expire on December 31, 2009
are active and valuable participants in the Tourism Board. Moreover, each of them
1208TourismBd
has indicated a desire to be reappointed to another term on the RTPB representing
their respective hotel/motel properties.
Staff is recommending that each of these three board members be reappointed for
another three year term.
III. BASIS OF RECOMMENDATION
A. POLICY -
• The City Council has the authority to make appointments to the RTPB.
• .The RTPB has typically included a representative from each property.
• Ms. Omiwade, Mr. Bhakta and Mr. Selby are the General Managers of
their respective properties and each is interested in reappointment to
the RTPB.
B. CRITICAL ISSUES
• The hotel/motel properties have historically had a seat on the RTPB
and as such, the reappointments should be made before the end of
2009 when their terms expire.
C. FINANCIAL
• There is no cost to the City.
D. LEGAL
• The appointment conforms to City Ordinance and bylaws of the .RTPB.
IV. ALTERNATIVE RECOMMENDATION~S~
• The City Council could decide not to reappoint these individuals to the RTPB.
• The City Council could choose to review this matter at a future date.
V. ATTACHMENTS
• Resolution.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
~~'
RESOLUTION NO.
RESOLUTION REAPPOINTING REPRESENTATIVES
TO THE BOARD OF DIRECTORS OF
THE RICHFIELD TOURISM PROMOTION BOARD, INC.
WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of lodging
from hotels and motels in the City pursuant to Minnesota Statute Section 169.190; and
WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax to
fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a
tourist or convention center; and
WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board, Inc.
provide the City Council of the City of Richfield appoint five (5) directors to the Board
representing the Richfield hotel-motel properties and the Richfield .Chamber of Commerce;
and -
WHEREAS, each director shall serve as a director until his or her successor has
been appointed and has qualified, or until his or her earlier disqualification, death,
resignation, or removal; and
WHEREAS, the terms of Abisola Omiwade; the representative from the Candlewood
Suites, Raj Bhakta, the representative from the Americlnn, and Adam Selby, the
representative from the Ramada Inn, will expire on December 31, 2009, and
WHEREAS, Ms. Omiwade, Mr. Bhakta and Mr. Selby have indicated that they seek
reappointment to the RTPB.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, that the Richfield Tourism Promotion Board directors be modified as follows:
Appoint Abisola Omiwade, Candlewood Suites, to the Richfield Tourism Promotion
Board for the remainder of a three-year~term ending December 31, 2012.
Appoint Raj Bhakta, Americlnn, to the Richfield Tourism Promotion Board for the
remainder of athree-year term ending December 31, 2012.
Appoint Adam Selby, Ramada Inn, to the Richfield Tourism Promotion Board for the
remainder of athree-year term ending December 31, 2012.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of
December, 2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: CONSENT
AGENDA ITEM. # LAC
REPORT # 2LFS
STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY:
DEPARTMENT DIRECTOR rp
REVIEW: ~Q,
REVIEWED BY CITY r
MANAGER: Li
BETSY OSBORN, SUPPORT SERVICES
MANAGER
ITEM FOR COUNCIL CONSIDERATION:
Accept and approve the PHER I-II-III (Public Health Emergency Response) grants from the
Centers for Disease Control, through the Minnesota Department of Health, to use for
vaccination clinics, supplies and planning for mass dispensing within the community relating
to H1 N1.
I. RECOMMENDED ACTION:
By Motion: Accept and approve the PHER I-II-III (Public Health
Emergency Response) grants from the Centers for Disease Control,
through the Minnesota Department of Health, to use as it relates to
vaccination clinics, supplies and planning for mass dispensing within
the community relating to H1 N1.
II. BACKGROUND
In order for Public Health to prepare for and respond to H 1 N 1, the Centers for
Disease Control (CDC) is providing funding referred to as Public Health Emergency
Response (PHER) funding. -This funding is new and is in addition to the Public
Health Emergency Preparedness (PREP) funding that the Minnesota Department of
Health and Local Public Health have been receiving since 2002.
PHER I and II grant duties focus primarily on planning and preparedness and initial
actions related to vaccination, antiviral distribution, community mitigation and other
related activities.
1208 Public Health Emergency Response Grants
NAME, TITLE
PHER III dollars are expected to be used in addressing gaps in capabilities for mass
vaccination implementation and to support activities related to implementation of a
mass vaccination campaign at the state and local levels. The budget period is for
12 months.
Richfield will receive funds as follows:
PHER I & II $26,717
PHER III $56,418
Approximately $4,500 will be retained by Richfield to cover the City's costs of
meeting and planning time and other activities required for the City's Health
Administrator as it relates to these grant duties. The remainder of the grant dollars ,
will be pooled with Bloomington and Edina grant funds to meet the grant
requirements for the cities of Bloomington, Edina and Richfield. Bloomington Public
Health Division staff will be administering and conducting these clinics.
It should be noted that as a result of Richfield being a local public health agency,
these dollars flow directly to us rather than to the County in which we are located so
that we can best decide how to utilize it within our own community. Planning efforts
have been underway for some time now and include our partners within the
public/private school sector as well as our local medical doctors, clinics and other
facilities.
III. BASIS OF RECOMMENDATION
A. POLICY
• Health Administrator Osborn has authority, by resolution, to sign the
grant contract on behalf of the Board of Health (City Council), but the
City Attorney has advised that it should be approved by the City
Council before that can be done.
B. CRITICAL ISSUES
• None
C. FINANCIAL
• Failure to approve the grant project agreements would result in grant
funding being held by the State until a contract is approved.
D. LEGAL
• The City Attorney has reviewed the grant documents and has
recommended that the be a roved by the City Council.
E. ENVIRONMENTAL CONSIDERATIONS
• None
IV. ALTERNATIVE RECOMMENDATION(S~
• The City Council could decide not to approve the CDC grants for funds
received for Public Health Emergency Response as it relates to vaccination
clinics, supplies and planning for mass dispensing within the community as it
relates to H1 N1. This would mean that funds would not be disbursed from
the State to the City for these activities.
V. ATTAC~IMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
AGENDA SECTION: CONSENT
AGENDA ITEM # 4D
REPORT # 246
~~' STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY:
JIM TOPITZHOFER, RECREATION SERVICES
DIRECTOR
NAME, 77TLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of Contract Change Order #2 for the. Roof Replacement of Ice Arena Rink One.
I. RECOMMENDED ACTION:
By Motion: Approve Contract Change Order #2 to remove and
replace deteriorated plywood decking and perlite insulation, and
install ice and vapor barrier in remaining deteriorated areas of the
Rink One Roof in the amount of $20,003.00.
II. BACKGROUND I
The City of Richfield authorized a contract with QT Commercial on October 13,
2009 to replace the asphalt shingles and install insulation on the roof of Rink
One. The contractor began removing the shingles and the City Building Official
required the replacement of all deteriorated plywood decking and perlite
insulation. The Council approved Change Order # 1 on November 24, 2009 to
replace the deteriorated materials on the north facing elevation of the roof and a
portion of the west facing elevation in the amount of $36,094.00. Since then,
shingles have been removed on the remaining portions of the roof and additional
deteriorated materials were uncovered. The cost to replace the remaining
deteriorated plywood and perlite insulation, and install ice and vapor barrier is
$20,003.00.
III. BASIS OF RECOMMENDATION
A. POLICY
1208 Rink One Roof Change Order #2
• It is appropriate for City Council to review and approve contract
change orders which are additions to the project contract.
B. CRITICAL ISSUES
• The Contractor has exposed the remaining portion of the roof and
the Building Official has required the removal and replacement of
additional plywood and perlite insulation. The work was completed
to avoid further damage to the exposed areas.
C. FINANCIAL
• If approved, the contact change order will change the contract for QT
Commercial as follows:
Base Bid $145,835
Chan a Order #1 $36,094
Chan a Order #2 20 003
New Contract Amount Cost $201,932
Change Oder #2 will be funded through the City's Recreation Fund.
D. LEGAL
• None
E. ENVIRONMENTAL CONSIDERATIONS
• The installation of plywood and perlite insulation in the deteriorated
areas of the roof will provide additional energy savings beyond the
savings estimated in the original roof replacement project.
IV. ALTERNATIVE RECOMMENDATION~S~
• None
V. ATTACHMENTS
• Change Order #2A and #2B
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
• .None
~~- ~
,~_
~~
G)UALITYTRUSTED
QUALITY TRUSTED COMMERCIAL ROOFING
Change O-•der Sheet
Date: 11/19/09
Customer Name: City of Richfield
Job Address: Ice Arena
Terms of Change: (for west facing elevation) Day 2
Remove and replace deteriorated plywood on west elevation.
2848 sq ft x ~ 3.25 sf= ~ 9,256.00
• Remove and replace deteriorated nerlite insulation on west elevation.
2496 sf x ~ 1.50 sf= ~ 3,744.00
Install new ice and water over all newly replaced plywood to serve as
Additional vapor barrier. 2925 sf x $ .60= ~ 1,755.00
Replace vapor barrier that was removed with deteriorated nerlite
2145 sf x ~ .60= $ 1,287.00
Additional dump fees for 3 loads of deteriorated materials = ~ 1,290.00
Additional Amount: $ 17,332.00
Deduct Amount: ~
Owner's Signature:
• PLEASE FILL WITH ORIGINAL CONTRACT
~~>FFic..c:: /~'>::,.. ~35~ ~~31 L~~~`.x.l 763--~;j1-Jf?S:3
3883 West Broadway Avenue Robbinsdale, MN 55422
~~-2-
~.
Q UALITY TRUSTED
RICHFIELD ICE ARENA
o
~v~FECE~ 7~>:~~wS=;:35~-:5831 It~rax> 7k3:.3 -~37~-9~3~33
3883 West Broadway Avenue Robbinsdale, MN 55422
~-~ :3
'~~;
at `'~~
~ ~~ `.,;
~.~
QIJALITYTRUSTED
QUALITY TRUSTED COMMERCIAL ROOFING
Change Order Sheet
Date: 11/27/09
Customer Name: (`ity of Richfield
Job Address: Ice Arena
Terms of Change: (for south facing elevation only)
Remove and replace deteriorated nlvwood on south elevation.
13 pcs x 32= 416 sf/ 416 sg ft x $ 3.25 sf= $ 1,352.00
• Remove and replace deteriorated nerlite insulation on south elevation.
384 sf x $ 1.50 sf= $ 576.00
Install new ice and water over all newly replaced plywood to serve as
Additional vapor barrier. 490 sf x $ .60= $ 294.00
Replace vapor barrier that was removed with deteriorated nerlite
390 sf x $ .60= $ 234.00
Additional dump fees for .5 loads of deteriorated materials = $215.00
Additional Amount: $ 2,671.00
Deduct Amount: 5
Owner's Signature:
PLEASE FILE WITH ORIGINAL CONTRACT
3883 West Broadway Avenue Robbinsdale, MN 55422
.;
~~
QUALITY TRUSTED
•~,'__ _.
RICHFIELD ICE ARENA
•
i> F-_ 1-.. f ~ E=_ _I ,~ C;; .._, - ~~ ;_ t7 - '~ ~i 31 ~ ~ t= ~:r >;. ,E ~.~ f•:J :~~• ° ~3 f 1-- ~ ~', ~=~ w=3
3883 West Broadway Avenue Robbinsdale, MN 55422
AGENDA SECTION: CONSENT
AGENDA ITEM # 4E
REPORT # 247
J STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY:
ROBERT HINTGEN, UTILITY
SUPERINTENDENT
NAME,
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract for 1,400 tons of quick lime for water treatment.
I. RECOMMENDED ACTION:
By Motion: Approve. contract to Graymont (WI), LLC Company for
quick lime in the amount of $168,000.00 ($120.00/ton) for 2010.
II. BACKGROUND
The chemical quick lime is used in the water treatment process to lower hardness
thus producing softened water. Approximately 1,400 tons of quick lime is required
each year.
A formal bid opening for aone-year contract for the purchase of 1,400 tons of quick
lime was held on November 24, 2009, with three bidders present.
III. BASIS OF RECOMMENDATION
A. POLICY
• The notice of bids for the quick lime was published in the Richfield Sun-
Current on November 12, 2009.
Graymont (WI), LLC. was the lowest bidder that met all bid
specifications and is an established contractor that meets all
requirements.
120809quicklime
B. CRITICAL ISSUES
• Quick lime is a necessary chemical required in the water softening
process.
C. FINANCIAL
A recent history of prices for this product is:
Years Base Price Estimated Vendor
Annual Cost
2005 $72.73lTon $101,822.00 Cutler Magner
2006 $78.66/Ton $107,240.00 Cutler Magner
2007 $95.20/Ton $133,280.00 Cutler Magner
2008 $99.65/Ton $139,510.00 Cutler Magner
2009 $112.00/Ton $156,800.00 Graymont
2010 $120.00/Ton $168,000.00 Graymont
Funding for the purchase of quick lime is in the 2010 Water
Maintenance Budget, line item 51000-6413 (Chemicals)
D. LEGAL
• If the amount of the purchase is estimated to exceed $100,000.00
dollars, sealed bids shall be solicited by public notice.
• When the purchase of materials, merchandise, equipment or
construction exceeds $25,000.00, authority to purchase shall be
submitted to the City Council for consideration.
E. ENVIRONMENTAL CONSIDERATIONS
• None
IV. ALTERNATIVE RECOMMENDATION~S~
• Council may reject the bid and direct staff to readvertise, however, staff does
not believe we can obtain a better price from a reputable contractor.
V. ATTACHMENTS
• Bid minutes and tabulation
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
~L -~
CITY OF RICHFIELD, MINNESOTA
Bid Opening
November 24, 2009
10:00 a.m.
Water Treatment Chemicals -Quick Lime
Bid No. 09-17
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of
the meeting was to receive, open and read aloud bids for Water Treatment Chemicals -
Quick Lime, as advertised in the official newspaper on November 12, 2009.
Present: Theresa Schyma, Deputy City Clerk
Robert Hintgen, Utilities Superintendent
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Quick Base
Non- Intent Lime -
freight
Total bid
Bidder's Name .Bid Bond Collusion To bulk rate (per ton)
Comply delivery (Per ton)
(per ton)
Graymont provided Provided Provided $95.00 $25.00 $120.00
Duluth, MN
Western Lime Corp. Provided Provided Provided $85.00. $42.00 $127.00
West Bend, WI
Carmeuse Lime &
Stone ~ Provided Provided Provided $130.00 $42.40 $172.40
Pittsburgh, PA
The City Clerk announced that the bids would be tabulated and considered at the
December 8, 2009 City Council Meeting.
Theresa Schyma Deputy City Clerk
AGENDA SECTION: CONSENT
AGENDA ITEM # ~+F
REPORT # 2~+8
STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: ® ~ `--1 "~: `
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the renewal of 2010 business licenses for 3.2 percent malt liquor sales and
licenses to do business in Richfield.
I. RECOMMENDED ACTION:
By Motion:
• Approve the 2010 renewal of named business licenses for 3.2
percent malt liquor sales; and
• Approve licenses to operate named businesses in the City of
Richfield.
IL BACKGROUND
The below listed businesses have not been required to have a staff report prepared
in the past, nor is there a requirement for a public hearing to be held for renewal of
these type of licenses.
Staff has presented a report for each business at the time that they originally
applied for and received Council approval to operate their businesses or to sell malt
liquor at their businesses in the City of Richfield. For the sake of preserving time,
the license renewal requests were placed on the consent calendar. However, a
staff report is presented to the City Council for informational purposes.
The businesses named below with the corresponding licenses are presented for
Council approval on this date.
1208 Annual Renewal of Consent Licenses
Licenses to Operate in .Richfield
• Airport Taxi - 11 vehicles
• A New Star Limousine & Taxi Service - 10 vehicles
• Suburban Taxi Corporation - 5 vehicles
• Gold Star Taxi - 27 vehicles
• Black & White Taxi - 5 vehicles
• Latino Express -10 vehicles.
• Ecuadorian Express - 3 vehicles
• Twin Cities Airport Taxi - 13 vehicles
• Latino Americano - 8 vehicles
• Paul's Rentals & Sales: Trailers and Trucks Rental
License to Sell 3.2 Percent Malt Liquor
• Airport Bowl - On-Sale
• Aldi Foods -Off-Sale
• Davanni's Pizza - On-Sale
• EI Jalapeno -Off-Sale
• Kwik Way Foods -Off Sale
• RBF Corporation of Wisconsin (Rainbow Foods) -Off-Sale
• Richfield U.S. -Off-Sale
• Sandy's Tavern - On-Sale
• SuperAmerica #4186 -Off-Sale
• SuperAmerica #4188 -Off-Sale
• SuperAmerica #4191 -Off-Sale
• SuperAmerica #4615 -Off-Sale
• Target Corporation -Off-Sale
• Vina Restaurant - On-Sale
III. BASIS OF RECOMMENDATION
A. POLICY
• All businesses must annually request renewal of their licenses to the
City Council.
• Businesses must meet the set requirements for renewal of their
licenses.
B. CRITICAL ISSUES
• All license fees must be.paid and application forms submitted in order
to be considered for license renewal.
C. FINANCIAL
• All businesses listed have met the requirements and paid the required
fees.
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect .until the licensee has been afforded an
opportunity for s hearing under Section 14.57 to 14.70 of the Administrative
- Procedure Act.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None; however, businesses have been notified of the date of presentation to
the City Council.
AGENDA SECTION: pDBL.TG HEARINGS
AGENDA ITEM # 6p
REPORT # 249
J STAFF REPORT
CITY COUNCIL MEETING
DECEMBER $, 2009
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
MANAGER
' / NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:
SIGNATU
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of 2010 pawnbroker and secondhand goods
dealer licenses for Metro Pawn & Gun, Inc.
RECOMMENDED ACTION:
Conduct and Close the Public Hearing and By Motion:
• Approve the renewal of the 2010 pawnbroker and secondhand
goods dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale
Avenue South.
II. BACKGROUND
On November 3, 2009, the City received the renewal application and other required
documents for pawnbroker and secondhand goods dealer licenses for Metro Pawn
& Gun, Inc. The applicant has paid the required license fees.
The Public Safety background investigation has been completed and reveals the
following:
Mark and Elizabeth Nichols are the owners of this establishment. John Alan Kunst
serves as the store manager. None of these individuals has any known criminal
record. A current list of officers is attached.
All general sales, real estate and withholding taxes have been paid and are current.
1208 PH Metro Pawn Licenses Renewal
The $5,000 bond has been submitted.
There were 16 police contacts with Metro Pawn & Gun, Inc. from October 2008
through September 2009. This compares with 17 contacts for the previous year. A
breakdown of these contacts is attached to this report.
Environmental Health staff received no complaints regarding Metro Pawn & Gun,
Inc. in the previous year.
The owner of the business continues to act in a cooperative manner with the Public
Safety Department on the recovery of stolen articles.
The notice of public hearing was published in the Sun Current newspaper on
November 26, 2009.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of the City codes
pertaining to pawnbroker and secondhand goods dealer licensing.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the licenses requested.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. . ALTERNATIVE RECOMMENDATION(S~
• This agenda item is the first request out of two for the renewal of pawnbroker
and secondhand goods dealers' licenses. If no Council Member objects, the
Council may conduct a single public hearing for both of the license approvals
and may pass both of the resolutions with a single motion.
If a single/individual public hearing is called for, the Mayor should require
each speaker to identify the particular license to which the person is
speaking. Any Council Member may request that the question be divided, if
the Council Member wishes to address any one or all of the proposed
resolutions by a separate motion.
The Council could decide to continue the hearing. However, if the hearing is
continued beyond January 1, 2010, the Council should consider granting a
temporary license to allow the applicant to continue the pawnbroker and
secondhand goods dealer business until the rescheduled hearing can be
conducted.
V. ATTACHMENTS
• List of officers.
• Breakdown of Public Safety Contacts.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Mark Nicols, Owner of the Establishment.
• John Kunst, Manager
l0 /'~
METRO PAWN & GUN, INC.
Officers
Mark Nichols Owner
Elizabeth Nichols Owner
John Alan Kunst Store Manager
PUBLIC SAFETY CONTACTS
October 2008 -September 2009
Metro Pawn & Gun, Inc.
2008 2009
TOTAL CONTACTS 17 16
CRIMINAL CONTACTS 9 12
Incidents (see bottom of page for specifics) (9) (11)
Alarm (0) (1)
MISC. NON-CRIMINAL 8 4
Assists (7) (4)
Traffic (0) (0)
Inspections/Licensing (0) (0)
Medical/Fire (1) (0)
The criminal contacts from October 2008 through September 2009 were: four thefts, one
suspicious person, one ordinance violation, two recovered stolen property, one warrant,
two found property, and one alarm.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: pIIBLIC HEARINGS
AGENDA ITEM # ( g
REPORT # 250
~- STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
.ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of 2010 pawnbroker and secondhand goods
dealer licenses for University Cash Company, LLC d/b/a Avi's Pawn & Jewelry, 6414 Nicollet
Avenue South.
I. RECOMMENDED ACTION:
Conduct and Close Public Hearing and By Motion:
• Approve the renewal of pawnbroker and secondhand goods dealer
licenses for University Cash Company, LLC d/b/a Avi's Pawn &
Jewelry. 6414 Nicollet Avenue South.
II. BACKGROUND
On November 2, 2009, the City received the renewal application and other required
documents for pawnbroker and secondhand goods dealer licenses for University
Cash Company, LLC d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. The
applicant has paid the required fees.
The Public Safety background investigation has been completed and reveals the
following:
Andy Jason Strauss is the sole owner of the establishment and also serves as the
store manager. He has no known criminal record.
1208 PH Avi's Pawn and Secondhand Goods Licenses Renewal
The lease between the applicant and the property owner is in effect with all
payments current.
All general sales, real estate and withholding taxes have been paid and are current.
A $5,000 bond has been submitted.
There were 10 Police contacts with Avi's Pawn from October 2008 through
September 2009. This compares to nine contacts for the previous year. A
breakdown of these contacts is attached to this report.
Environmental Health staff did not receive any complaints regarding this property in
the past year.
The owner of the business continues to act in a cooperative manner with the Public
Safety Department on the recovery of stolen articles.
The notice of public hearing was published in the Sun Current newspaper on
November 26, 2009.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of the City codes
pertaining to pawnbroker and secondhand goods dealer licensing.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the licenses requested.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• The Council could decide to continue the hearing. However, if the hearing is
continued beyond January 1, 2010, the Council should consider the granting
of temporary licenses to allow the applicant to continue the pawnbroker and
secondhand goods dealer business until the rescheduled hearing can be
conducted. .
V. ATTACHMENTS
• List of officers.
Breakdown of Public Safety contacts.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Andy Strauss, Owner
~~
CAPITAL CASH, LLC d/b/a AVI'S PAWN & JEWELRY
Officers
Andy Strauss Owner
PUBLIC SAFETY CONTACTS
October 2008 -September 2009
Avi's Pawn & Jewelry
2008 2009
TOTAL CONTACTS 9 10
CRIMINAL CONTACTS 5 9
Incidents (see bottom of page for specifics) (4) (5)
Alarm (1) (4)
MISC. NON-CRIMINAL 4 1
Assists (4) (1)
Traffic (0) (0)
Inspections/Licensing (0) (0)
Medical/Fire (0) (0)
The criminal contacts from October 2008 through September 2009 were: two thefts, four
alarms, one suspicious person, one recovered property and one robbery.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: PIIBLIC HEARINGS
AGENDA ITEM # 7A
REPORT # 251
~' STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 209
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
MANAGER
NAME, T/TLE
DEPARTMENT DIRECTOR
REVIEW:
IGNA
REVIEWED BY CITY ~ •
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of 2010 club on-sale and Sunday liquor
licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food and Drink,
6715 Lake Shore Drive.
I. RECOMMENDED ACTION:
Conduct and Close the Public Hearing and By Motion:
• Approve the renewal of 2010 club on-sale and Sunday liquor
licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four
Nickels Food and Drink, 6715 Lake Shore Drive.
II. BACKGROUND
On October 20, 2009, the City received the renewal application and other required
documents for club on-sale and Sunday liquor licenses for Fred Babcock V.F.W.
Post No. 5555, Inc., d/b/a Four Nickels Food and Drink.
The Public Safety background investigation has been completed and reveals the
following:
John Ellis continues to serve as Chair of the House Committee. The on-premise
General Manager is Gin Ng. Neither of these individuals has any known criminal
record. A current list of officers is attached.
1208 PH Fred Babcock VFW Liquor Licenses Renewal
All general real estate and withholding taxes have been paid and are current. The
property is owned by Gramarcy Park Cooperative.
The required proof of liquor liability insurance coverage has been received showing
Westport Insurance Corporation affording the required coverage. Proof of workers'
compensation insurance coverage has also been supplied.
An accountant's statement has been submitted covering the period of October 2008
through September 2009 and indicates that food sales accounted for 38.8% of the
total sales, while alcohol accounted for 53.2% of the total sales. Miscellaneous
sales accounted for 8% of the total sales. The VFW is exempt from meeting the
50% or more food sales requirement due to the fact that they are aclub/veterans
organization and are exempt.
There were two Public Safety/Police contacts with Fred Babcock VFW Post No.
5555 from October 2008 through September 2009. This compares with 12 for the
previous year. A breakdown of these contacts is attached to this report.
Environmental Health staff received no complaints regarding the VFW in the past
year.
Club on-sale and Sunday liquor licenses require owners of these establishments to
comply with Resolution No. 9511, which outlines discipline they can expect if any
ongoing problems occur. A copy has been given to the establishment.
There are no distance requirements for notifying neighbors of the issuance or
renewal of a club on-sale and Sunday liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
The most recent violation for the sale of alcohol to underage youth with Fred
Babcock VFW Post No. 5555 was April 3, 2008. This was considered a second
violation. Technically, it is a fifth violation, but due to the time that has elapsed
between this violation and the previous violations on July 15, 1999, August 8, 2000,
November 9, 2004 and April 13, 2007, it was counted as a second violation. There
have been no other violations since 2008.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to club on-sale and Sunday liquor
licensing.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the licenses requested.
B. _ CRITICAL ISSUES
• The requirements of Resolution No. 9511 must be met:
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• This agenda item is the first request out of two for the renewal of club on-sale
and Sunday liquor licenses. If no Council Member objects, the Council may
conduct a single public hearing for all of the license approvals and may pass
all of the resolutions with a single motion. If a single/individual public hearing
is called, the Mayor should require each speaker to identify the particular
license to which the person is speaking. Any Council Member may request
that the question be divided, if the Council Member wishes to address any
one or all of the proposed resolutions by a separate motion.
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010 the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
• Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota Statute 340A.415, be based upon a finding that the
licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety Contacts.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Gin Ng, Manager
`~~1~ 1
V.F.W. POST NO. 5555, INC.
Post Officers
John Ellis Chair of the House Committee
Gin Ng On-Premise Manager
PUBLIC SAFETY CONTACTS
October 2008 -September 2009
FRED BABCOCK V.F.W. POST N0.5555
2008 2009
TOTAL CONTACTS 72 2
CRIMINAL CONTACTS 9 ~
Incidents (see bottom of page for specifics) (6) (1)
Alarm (3) (0)
MISC. NON-CRIMINAL 3 1
Assists (2) (0)
Traffic (0) (0)
Inspections/Licensing (1) (0)
Medical/Fire (0) (1)
The criminal contacts from October 2008 through September 2009 were: one medical and
one disturbance.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: pIIBLIC HEARINGS
AGENDA ITEM # ]$
REPORT # 252
~~. STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of 2010 club on-sale and Sunday liquor
licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue South.
I. RECOMMENDED ACTION:
Conduct and Close the Public Hearing and By Motion:
• Approve the renewal of 2010 club on-sale and Sunday liquor
licenses for Minneapolis-Richfield American Legion Post 435, 6501
Portland Avenue South.
II. BACKGROUND
On October 9, 2009, the City received the application and other required documents
for the renewal of club on-sale and Sunday liquor licenses for Minneapolis-Richfield
American Legion Post 435. The applicant has paid the required license fees.
The Public Safety background investigation has been completed and reveals the
following:
The structure of the organization has changed from last year. Craig Anthony
Deneen now serves as President; Mervyn Becker serves as Treasurer; and Roger
Wysong continues to serve as the Club Manager. None of these individuals has
any known criminal record. A current list of officers is attached.
All general real estate and withholding taxes have been paid and are current.
1208 PH American Legion Club On-Sale and Sunday Liquor Licenses
The property and building continue to be owned by the American Legion.
Proof of liquor liability insurance has been received showing Westport Insurance
Corporation affording the coverage. Proof of worker's compensation insurance
coverage has also been supplied.
An accountant's statement has been prepared and submitted. This statement
covers the period from October 2008 through September 2009 and indicates that
food sales accounted for 19.45% of the total sales, while liquor sales accounted for
80.55% of the total sales. The Minneapolis-Richfield American Legion is exempt
from meeting the 50% or more food sales requirement due to the fact that they are
a club/veterans organization.
There were 19 Public Safety/Police contacts with the American Legion from October
2008 through September 2009. This compares with 39 contacts for the previous
year. A breakdown of these contacts is attached to this report.
Environmental Health staff received no complaints regarding the Minneapolis-
Richfield American Legion Post #435 in the past year.
Club on-sale and Sunday liquor licenses require owners of these establishments to
comply with Resolution No. 9511, which outlines the discipline they can expect if
any ongoing problems occur. A copy of this resolution has been given to the owner
of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of club on-sale and Sunday liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
The most recent violation for the sale of alcohol to underage youth with the
Minneapolis-Richfield American Legion was April 4, 2002. This was considered a
first violation. Technically, it was a second violation, but due to the time that had
elapsed between this violation and the previous violation, in July 1999, it was
considered a first violation. There have been no other violations since 2002.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to club on-sale and Sunday liquor
licensing.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the licenses requested..
B. CRITICAL ISSUES
• The requirements of Resolution No.. 9511 must be met.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• -List of Officers.
• Breakdown of Public Safety Contacts.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• American Legion Club Officer.
7~-r
MINNEAPOLIS-RICHFIELD AMERICAN LEGION
Craig Deneen
Mervyn Becker
Roger Wysong
President
Treasurer
Club Manager
PUBLIC SAFETY CONTACTS
October 2008.- September 2009
Mpls-Richfield American Legion
2008 2009
TOTAL CONTACTS 39 19
CRIMINAL CONTACTS 27 11
Incidents (see bottom of page for specifics) (20) (10)
Alarm (7) (1)
MISCELLANEOUS NON-CRIMINAL 12 8
Assists (1) (0)
Traffic (1) (3)
Inspections/Licensing (0) (2)
Medical/Fire (9) (2)
Animal (1) (1)
The criminal contacts from October 2008 through September 2009 were:. five suspicious
persons, one drunkenness, three thefts, one fight and one alarm.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: PIIBLIC HEARINGS
AGENDA ITEM # $A
REPORT # 253
~- STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 08, 2009
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
m
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of 2010 on-sale wine and 3.2 percent malt
liquor licenses for Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue South,
Richfield, MN.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve the renewal of 2010 on-sale wine and 3.2 percent malt
liquor licenses for Chipotle Mexican Grill of Colorado, LLC, 7644
Lyndale Avenue South.
II. BACKGROUND
On October 21, 2009, the City received the renewal application and other required
documents for on-sale wine and 3.2 percent malt liquor licenses for Chipotle
Mexican Grill of Colorado, LLC., 7644 Lyndale Avenue South. The applicant has
paid the required license fees.
The Public Safety background investigation has been completed and reveals the
following:
The corporate structure of the organization remains unchanged from the previous
year: Montgomery Frederick Moran serves as the LLC Manager out of Boulder,
Colorado and Matthew Steven Ells serves as the LLC Manager out of Denver,
1208 PH Chipotle On-Sale Wine and Malt Liquor Licenses for 2010
Colorado. Terry Delph serves as the On-Premises Manager. None of these
individuals has any known criminal record.
All general real estate, state sales and withholding taxes have been paid and are
current.
Proof of liquor liability insurance coverage has been received showing Zurich
American Insurance Company affording the coverage. Proof of workers'
compensation insurance has also been supplied.
The accountant's statement has been prepared and submitted. This statement
covers the period from October 2008 through September 2009, and indicates that
food sales accounted for 91.57% of the total sales, while alcohol accounted for
.36% of the total sales, and miscellaneous sales accounted for 8.07% of the total
sales.
There were nine (9) Public Safety/Police contacts with Chipotle Mexican Grill from
October 2008 through September 2009. This compares with no contacts for the
previous year. A breakdown of these contacts is attached to this report.
Environmental Health staff received no complaints for Chipotle Mexican Grill in
2009.
On-sale wine and 3.2 percent malt liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines discipline they
can expect if any on-going problems occur. A copy of this resolution has been
given to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale wine and 3.2 percent malt liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009..
Chipotle Mexican Grill of Colorado has received no violations for the sale of alcohol
to underage youth.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to on-sale wine and 3.2 percent
malt liquor licenses.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the licenses requested.
B. CRITICAL ISSUES
• The requirements in Resolution No. 9511 must be met.
C. FINANCIAL
N/A
D. LEGAL
N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
This agenda item is the first request out of six for the renewal of the on-sale
wine and 3.2 percent malt liquor licenses. If no Council Member objects, the
Council may conduct a single public hearing for all of the license approvals
and may pass all of the resolutions with a single motion. If a single/individual
public hearing is called, the Mayor should require each speaker to identify
the particular license to which the person is speaking. Any Council Member
may request that the question be divided, if the Council Member wishes to
address any one or all of the proposed resolutions by a separate motion.
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of a license extension to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
• Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Section 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
List of Officers
• Breakdown of Public Safety Contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Terry Delph, On-premises Manager
O~-1
Chipotle Mexican Grill of Colorado, LLC
Directors and Officers
Matthew Steven Ells LLC Manager -Denver, Co.
Montgomery Frederick Moran LLC Manager -Boulder, Co.
Terry Delph On-premise Manager
PUBLIC SAFETY CONTACTS
October 2008.- September 2009
Chipotle Mexican Grill of Colorado, LLC
2008 2009
TOTAL CONTACTS 0 9
CRIMINAL CONTACTS 0 6
Incidents (see bottom of page for specifics) (0) (4)
Alarm (0) (2)
MISC. NON-CRIMINAL 0 3
Assists (0) (1)
Traffic (0) (2)
Inspections/Licensing (0) (0)
Medical/Fire (0) (0)
The criminal contacts for 2009 were: one theft, two property damage accidents,
one juvenile, and two alarms.
(Numbers in parenthesis are included in total contact figures.)
~i' STAFF REPORT
++AGENDA
SECTION:
AGENDA ITEM #
REPORT #
CITY COUNCIL MEETING
DECEMBER 08, 2009
PUBLIC HEARINGS
8B
254
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of 2010 on-sale wine and 3.2 percent malt
liquor licenses for Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue
South.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve the renewal of 2010 on-sale wine and 3.2 percent malt
liquor licenses for Thompson's Fireside Pizza, Inc., d/b/a Fireside
Pizza, 6736 Penn Avenue South.
II. BACKGROUND
On November 19, 2009, the City received the renewal application and other
required documents for on-sale wine and 3.2 percent malt liquor licenses for
Thompson's Fireside Pizza, Inc. d/b/a Fireside Pizza, 6736 Penn Avenue South.
The applicant has paid the required license fees.
The Public Safety background investigation has been completed and reveals the
following:
Richard Bruce Thompson is the sole owner of the establishment and continues to
serve as the General Manager of the restaurant. He has no known criminal record.
A current list of officers is attached.
BETSY OSBORN, SUPPORT SERVICES
MANAGER
1208 PH Thompson's Fireside Pizza Wine and Malt Liquor Licenses for 2010
All general real estate taxes, state sales and withholding taxes have been paid and
are current.
The required proof of liquor liability insurance has been received showing Zurich
Insurance group affording the required coverage. Workers' Compensation
insurance has also been supplied.
An accountant's statement has been prepared and submitted. This statement
covers the period from October 2008 through September 2009 and indicates that
food sales accounted for 91.53% of the total sales, while alcohol accounted for
8.47% of the total sales.
There was one Public Safety/Police contact with Thompson's Fireside Pizza from
October 2008 through September 2009. This compares with two contacts for the
previous year. A breakdown of these contacts is attached to this report.
Environmental Health staff received no complaints regarding Thompson's Fireside
Pizza in the previous year.
On-sale wine and 3.2 percent malt liquor licenses require owners of these
establishments to comply with Resolution No. 9511 which outlines discipline they
can expect if any ongoing problems occur. A copy of this resolution has been given
to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale wine and 3.2 percent malt liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
Thompson's Fireside Pizza has received no violations for the sale of alcohol to
underage youth.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to on-sale wine and 3.2 percent
malt liquor licensing.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the license requested.
B. CRITICAL ISSUES
• The requirements in Resolution No. 9511 must be met.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010 the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
• Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Section 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Richard Bruce Thompson, Owner
D -J'
Thompson's Fireside Pizza, Inc.
Fireside Pizza
Directors and Officers
Richard Thompson
President/Owner -Manager
PUBLIC SAFETY CONTACTS
October 2008 through September 2009
Thompson's Fireside Pizza, Inc.
2008 2009
TOTAL CONTACTS 2 ~
CRIMINAL CONTACTS 0 0
Incidents (see bottom of page for specifics) (0) (0)
Alarm (0) (0)
MISC. NON-CRIMINAL 2 ~
Assists (1) (0)
Traffic (1) (1)
Inspections/Licensing (0) (0)
Medical/Fire (0) (0)
The criminal contacts from October 2008 through September 2009 were: There were no
criminal contacts with this establishment for the previous year.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: pDBLIC HEARINGS
AGENDA ITEM # $C
REPORT # 255
~~' STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 08, 2009
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of 2010 on-sale wine and 3.2 percent malt
liquor licenses for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902
West 66th Street.
I. RECOMMENDED ACTION:
Conduct and. close the public hearing and by motion:
• Approve the renewal of the 2010 on-sale wine and 3.2 percent malt
liquor licenses for Kiang's Red I~epper, Inc., d/b/a Red Pepper
Chinese Restaurant, 2902 West 66th Street.
II. BACKGROUND
On November 18, 2009, the City received the renewal application and other
required documents for on-sale wine and 3.2 percent malt liquor licenses for Kiang's
Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant. The applicant has paid
the required license fees.
The Public Safety background investigation has been completed and reveals the
following:
The corporate structure of the organization remains unchanged. Ricky Kiang is
serving as President, Vice-President, Secretary and Treasurer. Sui Fun Kiang
serves as the General Manager of the restaurant. Neither of these individuals has
any known criminal record.
1208 PH Red Pepper On-Sale Wine and Malt Liquor License Renewals
All general real estate taxes, state sales and withholding taxes have been paid and
are current.
The lease between the applicant and the property owner, Principle Life Insurance
Company, continues to be in effect with all payments current.
Proof of liquor liability insurance has been received showing Truck Insurance
exchange affording the required coverage. Proof of workers' compensation
insurance coverage has also been supplied.
An accountant's statement has been prepared and submitted. This statement
covers the period from October 2008 through September 2009 and indicates that
food sales accounted for 98.21 % of the total sales, while 3.2 percent malt liquor and
on-sale wine sales accounted for 1.79% of the total sales.
There was one Public Safety/Police contact with Red Pepper from October 2008
through September 2009. This compares with no contacts for the previous year. A
breakdown of this contact is attached to this report.
Environmental Health .staff received no complaints for Red Pepper for the past year.
On-sale wine and 3.2 percent malt liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines discipline they
can expect if any ongoing problems occur. A copy of this resolution has been given
to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale wine and 3.2 percent malt liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
Red Pepper has received no violations for the sale of alcohol to underage youth.
III. BASIS OF RECOMMENDATION
A. POLICY -
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to on-sale wine and 3.2 percent
malt liquor licensing.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the license requested.
B. CRITICAL ISSUES
• The requirements in Resolution No. 9511 must be met.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
• Suspend or revoke the licenses.. Any suspension or revocation must,
according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Section 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety Contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Ricky Kiang, Owner of the establishment
~ c.- ~
Kiang's Red Pepper Inc.
Red Pepper Chinese Restaurant
Directors and Officers
Ricky Kiang President, Vice-President, Secretary and Treasurer
Sui Fun Kiang General Manager
PUBLIC SAFETY CONTACTS
October 2008 through September 2009
Red Pepper Chinese Restaurant
2008 2009
TOTAL CONTACTS 0 0
CRIMINAL CONTACTS 0 1
Incidents (see bottom of page for specifics) (0) (1)
Alarm (0) 0)
MISC. NON-CRIMINAL 0 0
Assists (0) (0)
Traffic (0) (0)
Inspections/Licensing (0) (0)
Medical/Fire (0) (0)
The criminal contact for 2009 was: One theft.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION
AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING .
DECEMBER 08, 2009
PIIBLIC HEARINGS
8D
256
REPORT PREPARED BY:
DEPARTMENT, DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
ITEM FOR COUNCIL CONSIDERATION:
Public Hearing for consideration of the renewal of 2010 on-sale wine and 3.2 percent malt
liquor licenses for The Noodle Shop -Colorado Inc., d/b/a Noodles and Company, 7630
Lyndale Avenue South.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve the renewal of the 2010 on-sale wine and 3.2 percent malt
liquor licenses for The Noodle Shop -Colorado Inc., d/b/a Noodles
and Company, 7630 Lyndale Avenue South.
II. BACKGROUND
On October 21, 2009, the City received the renewal applications and other required
documents for on-sale wine and 3.2 percent malt liquor licenses for The Noodle
Shop, d/b/a Noodles and Company. The applicant has paid the required fees.
The Public Safety background investigation has been completed and reveals the
following:
The corporate structure of the organization has changed from the previous year:
Keith Joseph Kinsey serves as the President/Director and the Secretary of the
organization. Paul A. Strasen now serves as the Vice President. Brenton
Henderson continues to serve as the On-premises Manager. None of these
individuals. has any known criminal record. A current list of officers is attached.
1208 PH Noodles On Sale Wine & Malt Liquor License Renewals
The required proof of liquor liability insurance coverage has been received showing
Federal Insurance Company affording the coverage. Proof of workers'
compensation insurance has also been supplied.
The property is owned by Lyndale Gateway LLC. The lease between the applicant
and the landlord is in effect with all payments current.
An accountant's statement has been prepared and submitted covering the period
from October 2008 through September 2009, and indicates that food sales
accounted for 91.6% of the total sales, while liquor sales accounted for 8.4% of the
total sales.
All general sales, real estate and withholding taxes have been paid and are current.
There were 16 Public Safety/Police contacts with Noodles and Company from
October 2008 through September 2009. This compares to 10 contacts from the
previous year. A breakdown of these contacts is attached to this report.
Environmental Health staff received no complaints regarding Noodles and Company
for the past year.
On-sale wine and 3.2 percent malt liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines discipline they
can expect if any on-going problems occur. A copy of this resolution has been
given to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale wine and 3.2 percent malt liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
The most recent violation for the sale of alcohol to underage youth with Noodles
and Company was April 13, 2007. That was their first violation. There have been
no other violations since April 2007.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statues pertaining to on-sale wine and 3.2 percent
malt liquor licenses.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the licenses requested.
B. CRITICAL ISSUES
• That the requirements in Resolution 9511 are met.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
• Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Section 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
Breakdown of Public Safety Contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Representative(s) of Noodles and Company
~~---
The Noodle Shop-Colorado, Inc.
Noodles and Company
Directors and Officers
Keith Joseph Kinsey President/Director/Secretary
Paul A. Strasen Vice President
Brenton Henderson ~ On-Premise Manager
PUBLIC SAFETY CONTACTS
October 2008 -September 2009
The Noodle Shop -Colorado Inc., DBA Noodles and Company
TOTAL CONTACTS 2008 2009
10 16
CRIMINAL CONTACTS 6 14
Incidents (see bottom of page for specifics) (4) (7)
Alarm (2) (7)
MISC. NON-CRIMINAL 4 2
Assists (2) (1)
Traffic (1) (0)
Inspections/Licensing (0) (0)
Medical/Fire (1) (1)
The criminal contacts for 2009 were: one theft, one test, one 9-1-1 call, two
disturbances, one burglary, one suspicious activity, and seven alarms.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: pD$LIC HEARINGS
AGENDA ITEM # gLr
REPORT # 257
~~' STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
ITEM FOR COUNCIL CONSIDERATION:
Public Hearing for consideration of the renewal of 2010 on-sale wine and 3.2 percent malt
liquor licenses for John E. Powers & Associates, Inc. d/b/a Lariat Lanes, 6320 Penn Avenue
South, Richfield, MN.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve the renewal of 2010 on-sale wine and 3.2 percent malt liquor
license for John E. Powers & Associates, Inc. d/b/a Lariat Lanes, 6320
Penn Avenue South, Richfield, MN.
II. BACKGROUND
On October 26, 2009, the City received the renewal application and other required
documents for on-sale wine and 3.2 percent malt liquor licenses for Lariat Lanes,
6320 Penn Avenue South. The applicant has paid the required license fees.
The Public Safety background investigation has been completed and reveals the
following:
The corporate structure of the organization remains unchanged. John Edwin
Powers, Sr. serves as the President; John Edwin Powers, Jr. serves as the Vice
President; David Matthew Powers serves as the Secretary; and Jeff Earl Powers
serves as the Treasurer. Brandi Lea James continues to serve as the on-premise
1208 PH Lariat Lanes Liquor License Renewals
NAME, TITLE
manager. A criminal history check was conducted on these individuals. John
Powers Sr., John Powers, Jr. and David Powers have no criminal records. Jeff
Powers has a misdemeanor DWI from 1999. His criminal history indicated a DWI;
however, it is listed on his driving record as careless driving. There are no other
convictions listed. Brandi James has a misdemeanor DWI conviction from 2007.
There are no other criminal records. A current list of officers is attached.
All general real estate, state sales and withholding taxes have been paid and are
current.
Proof of liquor liability insurance coverage has been received showing Illinois
Casualty affording the coverage. Proof of workers' compensation insurance
coverage has also been supplied.
There is no accountant statement to submit for this renewal as Lariat Lanes original
on-sale wine and 3.2 percent malt liquor licenses were just issued in August 2009.
There were six Public Safety/Police contacts with Lariat Lanes from October 2008
through September 2009. There are no figures to compare as their original licenses
were just recently approved.
Environmental Health staff received no complaints for Lariat Lanes in 2009.
On-sale wine licenses require owners of these establishments to comply with
Resolution No. 9511, which outlines discipline they can expect if any on-going
problems occur. A copy of this resolution has been given to the owner of the
establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale wine and 3.2 percent malt liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
Lariat Lanes has received no violations for the sale of alcohol to underage youth.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statues pertaining to an on-sale wine and 3.2
percent malt liquor licenses.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the licenses requested.
B. CRITICAL ISSUES
• That the requirements in Resolution 9511 are met.
• That the service of wine is permitted only in the interior of the
establishment. No outside service of alcohol is allowed.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of a license extension allow
the applicant to continue to sell liquor until the rescheduled hearing can be
conducted.
• Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Section 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety Contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Brandi James, Manager
g~- l
John E. Powers & Associates, Inc. d/b/a
Lariat Lanes
Directors and Officers
John E. Powers, Sr. President
John E. Powers, Jr. Vice President
David M. Powers Secretary
Jeff E. Powers Treasurer
Brandi L. James
------------------------------------------------- On-Premise Manager
--------------------------------------------------------------
PUBLIC SAFETY CONTACTS
October 2008 -September 2009
Lariat Lanes
2009
TOTAL CONTACTS 6
CRIMINAL CONTACTS 4
Incidents (see bottom of page for specifics) (3)
Alarm (~ )
MISC. NON-CRIMINAL 2
Assists (2)
Traffic (0)
Inspections/Licensing (0)
Medical/Fire (0)
The criminal contacts for 2009 were: two suspicious activity, one property damage
accident, and one alarm.
(Numbers in parenthesis are included in total contact figures.)
AGENDA SECTION: pDBT.TC AF:ARTNGS
AGENDA ITEM # gF
REPORT # Sg
STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 08, 2009
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
ITEM FOR COUNCIL CONSIDERATION:
Public Hearing for consideration of the renewal of 2010 on-sale wine and 3.2 percent malt
liquor licenses for Patrick's French Bakery, Inc., d/b/a Patrick's Bakery & Cafe, 2928 W. 66th
Street, Richfield, MN.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve the renewal of the 2010 on-sale wine and 3.2 percent malt
liquor licenses for Patrick's French Bakery, Inc., d/b/a Patrick's
Bakery & Cafe, 2928 W. 66th Street, Richfield, MN. __
II. BACKGROUND
On October 9, 2009, the City received the application and other required documents
for on-sale wine and 3.2 percent malt liquor licenses for Patrick's French Bakery,
Inc., d/b/a Patrick's Bakery & Cafe. The applicant has paid the required fees.
The Public Safety background investigation has been completed and reveals the
following:
The corporate structure of the organization has remained unchanged. Patrick
Bernet serves as the President of the organization and Rafieh Bernet serves as the
Vice-President. Rafieh Bernet also serves as manager of the establishment.
Neither of these individuals has any known criminal record. A list of officers is
attached.
1208 PH Patrick's Bakery Cafe Renewal of Liquor licenses
The required proof of liquor liability insurance coverage has been received showing
American Fire & Casualty Company affording the coverage. Proof of workers'
compensation insurance has also been supplied.
The property is owned by Principal Life Insurance Company c/o Madison Marquette.
The lease between the applicant and the landlord are in effect with all payments
current.
An accountant's statement has not yet been submitted. However, it will be provided
to staff prior to the Public Hearing:
All general sales, real estate and withholding taxes have been paid and are current.
There were 18 Public Safety/Police contacts with Patrick's Bakery & Cafe from
October 2008 through September 2009. This compares to 10 contacts for the
previous year. A breakdown of these contacts is attached to this report.
Environmental Health staff received one complaint regarding Patrick's Bakery &
Cafe during the past year. This complaint was regarding a food related matter. The
Bloomington Health Inspector was notified and no violations were found.
On-sale wine and 3.2 percent malt liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines discipline they
can expect if any on-going problems occur. A copy of this resolution has been
given to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance of on-sale
wine and 3.2 percent malt liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
The most recent violation for the sale of alcohol to underage youth with Patrick's
French Bakery was April 3, 2008. This was their first violation. There have been no
other violations since April 2008.
~ III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statues pertaining to on-sale wine and 3.2 percent
malt liquor licenses.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the licenses requested.
B. CRITICAL ISSUES
• That the requirements in Resolution 9511 are met.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of a license extension to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
• Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Section 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety Contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Patrick Bernet, Owner
• Rafieh Bernet, Owner/Manager
~=[
Patrick's French Bakery, Inc.
Patrick Bernet
Rafieh Bernet
Patrick's Bakery & Cafe
Directors and Officers
President
Vice-President and On-Premise Manager
PUBLIC SAFETY CONTACTS
October 2008 -September 2009
Patrick's Bakery & Cafe
2008 2009
TOTAL CONTACTS 10 18
CRIMINAL CONTACTS 3 6
Incidents (see bottom of page for specifics) (3) (6)
Alarm (0) (0)
MISC. NON-CRIMINAL 7 12
Assists (5) (11)
Traffic (0) (0)
Inspections/Licensing (0) (1)
Medical/Fire (2) (0)
The criminal contacts for 2009 were: Four thefts and two suspicious activity.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: pDBLIC HEARINGS
AGENDA ITEM # 9A
REPORT # 259
J STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 08,.2009
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of 2010 on-sale intoxicating and Sunday liquor
licenses, with optional 2 a.m. closing, for The Frenchman's, 1400 East 66th Street.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve the renewal of 2010 on-sale intoxicating and Sunday
liquor licenses, and
• Approve optional 2 a.m. closing; for.
The Frenchman's, 1400 East 66th Street.
II. BACKGROUND
On October 12, 2009, the City received the application and other required
documents for On-sale intoxicating and Sunday liquor licenses for The
Frenchman's. The applicant has paid the required license fees.
The Public Safety background investigation has been completed and reveals the
following:
Mary Christine Blake is the sole owner of the establishment. She also serves as the
General Manager of the restaurant. Ms. Blake has no known criminal record.
Mary Blake is the owner of the property and Venture Bank in Bloomington is the
Mortgage Company. All payments are current.
1208 PH Frenchman's On Sale Intoxicating and Sunday Liquor Licenses Renewals
All general real estate, state sales and withholding taxes have been paid and are
current.
Proof of liquor liability insurance has been received showing Illinois Casualty as
affording the required coverage. Proof of workers' compensation insurance
coverage has also been supplied.
An accountant's statement has been prepared and submitted. This statement
covers the period from October 2008 through September 2009, and indicates that
food sales accounted for 54.4% of the total sales, while liquor sales accounted for
45.6% of the total sales.
There were 88 Public Safety/Police contacts with The Frenchman's from October
2008 through September 2009. This compares with 57 contacts for the previous
year. Although these numbers appear to have drastically increased from the
previous year, a majority of these contacts were extra patrol and assists and not
criminal incidents. A breakdown of these contacts is attached to this report.
Environmental Health staff received no complaints regarding The Frenchman's
during the past year.
On-sale Intoxicating and Sunday liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines discipline they
can expect if any ongoing problems occur. A copy of this resolution has been given
to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale intoxicating and Sunday liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
The most recent violation for the sale of alcohol to underage youth with The
Frenchman's was June 8, 2004. This was considered a second violation.
Technically, it is a third violation, but due to the time that elapsed between this
violation and the previous violations on December 4, 2003 and July 1999, it was
counted as a second violation. There have been no other violations since June
2004.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to on-sale intoxicating and
Sunday liquor licensing.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
licenses requested.
B. CRITICAL ISSUES
• The requirements in Resolution No. 9511 must be met.
C. FINANCIAL,
N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• This agenda item is the first request out of seven for the renewal of on-sale
intoxicating and Sunday liquor licenses. Staff is recommending that one of
the seven, Jun Bo Chinese restaurant, be pulled from this group and be
considered a single public hearing to be reviewed separately. Of the
remaining six, if no Council Member objects, the Council may conduct a
single public hearing for all of the license approvals and may pass all of the
resolutions with a single motion. If a single/individual public hearing is called,
the Mayor should require each speaker to identify the particular license to
which the person is speaking. Any Council Member may request that the
question be divided, if the Council Member wishes to address any one or all
of the proposed resolutions by a separate motion.
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
.relating to alcoholic beverages.- The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety contacts
VI. PRINCII'AL PARTIES EXPECTED AT MEETING
• Mary Christine Blake, Owner of the establishment
c~~-1
The Frenchmans
Directors and Officers
Mary Christine Blake Owner and General Manager
PUBLIC SAFETY CONTACTS
October 2008 through September 2009
The Frenchman's
2008 2009
TOTAL CONTACTS 57 88
CRIMINAL CONTACTS 40 37
Incidents (see bottom of page for specifics) (28) (27)
Alarm (12) (10)
MISC. NON-CRIMINAL 17 51
Assists (9) (49)
Traffic (2) (1)
Inspections/Licensing (0) (0)
Medical/Fire (6) (1)
The criminal contacts from October 2008 through September 2009 were: seven suspicious
persons, four drunkenness, three thefts, one warrants, two disturbances, two property
damage accidents, two hit & run accidents, three fights, one personal injury accident, two
DWI and ten alarms.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: pUBI.IC HEARINGS
AGENDA ITEM # 9B
REPORT # 2(Q
J
STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of on-sale intoxicating and Sunday liquor
licenses, with optional 2 a.m. closing, for. EI Tejaban Mexica Grill LLC d/b/a EI Tejaban Mex.
Grill, 2 West 66th Street.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve the renewal of the 2010 on-sale intoxicating and Sunday
liquor licenses,
• Approve optional 2 a.m. closing,
for EI Tejaban Mexica Grill LLC d/b/a EI Tejaban Mex. Grill, 2 West
66th Street.
II. BACKGROUND
On October 21, 2009, the City received the renewal application and other required
documents for on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m.
closing, for EI Tejaban Mexica Grill LLC d/b/a EI Tejaban Mex. Grill. The applicant
has paid the required licensing fees.
The Public Safety background investigation has been completed and reveals the
following:
The corporate structure of the organization remains unchanged from last year.
Miguel Angel Hernandez and Rosa Isela Zambrano Medina- continue to be the co-
owners of the establishment. Miguel continues to serve as the General Manager.
1208 PH EI Tejaban Mex. Grill Liquor License renewals
Neither of these individuals has any known criminal record. A current list of officers
is attached.
All general sales, real estate and withholding taxes have been paid and are current.
The lease between the applicant and the property owner, Centro Bradley SPE LLC,
is in effect with all payments current.
Proof of liquor liability insurance coverage has been received showing Truck
Insurance Exchange affording the required coverage. Proof of workers'
compensation insurance coverage has also been supplied.
An accountant's statement has been prepared and submitted. As a result of this
establishment's original license being approved in March 2009, this statement only
covers the period from March 2009 through September 2009. It indicates that food
sales accounted for 85% of the total sales, while alcohol accounted for 15% of the
total sales.
There were two Public Safety/Policecontacts with EI Tejaban Mexica Grill in 2009.
There are no figures to compare these with as this establishment's original liquor
license was just approved in March 2009.
Environmental Health staff have received no complaints for EI Tejaban in 2009.
On-sale intoxicating and Sunday Liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines discipline they
can expect if any ongoing problems occur. A copy of this resolution has been given
to the owners of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale. intoxicating and Sunday liquor` licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
There have been no violations for the sale of alcohol to underage youth for EI
Tejaban Mexica Grill.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to on-sale intoxicating and
Sunday liquor licensing.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the licenses requested.
B. CRITICAL ISSUES
• The requirements of Resolution No. 9511 must be met.
C. FINANCIAL
• The required background investigation and licensing fees have been
received.
D. LEGAL
• N/A
E. ENVIRONMENT CONSDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety Contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Miguel Hernandez, Owner of EI Tejaban Mex. Grill
• Rosa Zambrano Medina, Owner of EI Tejaban Mex. Grill
• Luis Cairo, Interpreter
g~-1
Tejaban Mexica Grill LLC
d/b/a EI Tejaban Mex. Grill
Owners
Miguel Hernandez President/ On-Premise Manager
Rosa Zambrano Medina Vice-President
------------------------------------------------------------------------------------------------------------
PUBLIC SAFETY CONTACTS
March 2009 -September 2009
EI Tejaban Mexica Grill
2009
TOTAL CONTACTS 2
CRIMINAL CONTACTS 0
Incidents (see bottom of page for specifics) (0)
Alarm (0)
MISC. NON-CRIMINAL 2
Assists (2)
Traffic (0)
Inspections/Licensing (0)
Medical/Fire (0)
The criminal contacts from March 2009 through September 2009 were: None
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 9C
REPORT # 2Ejj
J STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 08, 2009
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
NAME.
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of 2010 on-sale intoxicating and Sunday liquor
licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant &
Bar, 6601 L ndale Avenue South.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve the renewal of the 2010 on-sale intoxicating and Sunday
liquor licenses; and,
• Approve outside service,
for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar,
6601 Lyndale Avenue South.
III. BACKGROUND
On October 21, 2009, the City received the renewal application and other required
documents for on-sale intoxicating and Sunday liquor licenses, with outside service,
for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar. The applicant
has paid the required fees.
The Public Safety background investigation has been completed and reveals the
following:
1208 Houlihans On-Sale Intoxicating and Sunday Liquor Licenses Renewals
The structure of the organization remains unchanged. Arnold Auro Angeloni serves
as President and Kim Zeigler continues to serve as the on-premises manager.
Neither of these individuals has any known criminal record. A current list of officers
is attached.
The property being leased by Houlihan's Restaurant & Bar is owned by Woodlake-
VEF IV, LLC. The lease between the applicant and the landlord is in effect with all
payments current.
Proof of liquor liability insurance coverage has been received showing General
Casualty Companies affording the required coverage. Proof of workers'
compensation insurance coverage has also been supplied.
A financial statement has been prepared and submitted. This statement covers the
period from October 2008 through August 2009 and indicates that food sales
accounted for 67.4% of the total sales, while liquor sales accounted for 32.6% of the
total sales.
Environmental Health staff received no complaints regarding Houlihan's Restaurant
& Bar in the past year.
There were 29 Public Safety/Police contacts with Houlihan's Restaurant & Bar from
October 2008 through September 2009. This compares with 15 contacts for the
previous year. A breakdown of these contacts is attached to this report.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale intoxicating and Sunday liquor licenses.
On-sale intoxicating and Sunday liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines discipline they
can expect if any ongoing problems occur. A copy of this resolution has been given
to the owner of the establishment.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
The most recent violation for the sale of alcohol to underage youth with Houlihan's
Restaurant was July 16, 2001. This was their first violation. There have been no
other violations since July 2001.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to on-sale intoxicating and
Sunday liquor licensing.
• Based upon the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
licenses requested.
B. CRITICAL ISSUES
• The requirements in Resolution No. 9511 must be met.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• Continue the .hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
• Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Section 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Houlihan's Staff
~1, ~, ~
Houlihan's Restaurant & Bar
Officers
Arnold Auro Angeloni
Kim Richard Zeigler
CEO/President
On-Premises Manager
PUBLIC SAFETY CONTACTS
October 2008 through September 2009
Houlihan's Restaurant & Bar
2008 2009
TOTAL CONTACTS 15 29
CRIMINAL CONTACTS 11 22
Incidents (see bottom of page for specifics) (11) (20)
Alarm (0) (2)
MISC. NON-CRIMINAL 4 7
Assists (4) (4)
Traffic (0) (1)
Inspections/Licensing (0) (0)
Medical/Fire (0) (2)
The criminal contacts from October 2008 through September 2009 were: six suspicious
persons, two property damage hit and run accidents, four theft, three drunkenness, one
burglary, two juvenile, two disturbances and two alarms.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: pIIBLIC HEARINGS
AGENDA ITEM # 9D
REPORT # 262
~~ STAFF REPORT
CITY COUNCIL MEETING
DECEMBER OS, 2009
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of the 2010 on-sale intoxicating and Sunday
.liquor licenses for Don Pablo's Operating Corporation d/b/a Don Pablos, 980 West 78th Street.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve the renewal of 2010 on-sale intoxicating and Sunday
liquor licenses for Don Pablo's Operating Corporation d/b/a Don
Pablos, 980 West 78th Street.
II. BACKGROUND
On October 21, 2009, the City received the renewal application and other required
documents for the on-sale .intoxicating and Sunday liquor licenses for Don Pablo's
Operating Corporation, d/b/a Don Pablos. The applicant has paid the required fees.
The Public Safety background investigation has been completed and reveals the
following:
The corporate structure of the organization has changed from last year. Paul
Joseph Seidman continues to-serve as COO/President. There are currently rio
acting Secretary or Treasurer. Don Sobiech serves as the On-premise manager.
Neither of these individuals has any known criminal record. A current list of officers
is attached.
1208 PH Don Pablo's Liquor License Renewals
All general sales, real estate and withholding taxes have been paid and are current.
The lease between the applicant and the property owner, CSM Investors, Inc. is in
effect with all payments current.
Proof of liquor liability insurance has been received showing Liberty Mutual
Insurance Companies affording the coverage. Workers' compensation insurance
has also been supplied.
An accountant's statement has been prepared. and submitted. This statement
covers the period from October 2008 through September 2009 and indicates that
food sales accounted for 82.2% of the total sales, while alcohol accounted for
17.8% of the total sales.
There were 11 Public Safety/Police contacts with Don Pablos from October 2008
through September 2009. This compares with 28 contacts for the previous year. A
breakdown of these contacts is attached to this report.
Environmental Health staff received no complaints regarding Don Pablos during the
past year.
On-sale intoxicating and Sunday liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines discipline they
can expect if any ongoing problems occur. A copy of this Resolution has been
given to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale intoxicating and Sunday liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
The most recent violation for the sale of alcohol to underage youth with Don Pablo's
was October 5, 2006. This was considered a first violation. Technically it is a third
violation, but due to the time that had elapsed between this violation and the
previous violations in October 2000 and July 1999, it was counted as a first
violation. There have been no other violations since October 2006.
~ III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to on-sale intoxicating and
Sunday liquor licenses.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the license requested.
B. CRITICAL ISSUES
• The requirements of Resolution No. 9511 must be met.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
• Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity fora .hearing under Section 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Don Pablos staff
~kJ~r
Don Pablo's Operating Corporation
Don Pablos
Officers and Directors
Paul Joseph Seidman COO/President
Don Sobiech
On-Premise Manager
------------------------------------------------------------------------------------------------------------
PUBLIC SAFETY CONTACTS
October 2008 -September 2009
Don Pablo's
2008 2009
TOTAL CONTACTS 28 11
CRIMINAL CONTACTS 16 10
Incidents (see bottom of page for specifics) (3) (5)
Alarm ~ (13) (5)
MISC. NON-CRIMINAL 12 1
Assists (2) (1)
Traffic (2) (0)
Inspections/Licensing (1) (0)
Medical/Fire (7) (0)
The criminal contacts from October 2008 through September 2009 were: one suspicious
person, one theft, one fraud, two drunkenness and five alarms.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: pIIBLIC HEARINGS
AGENDA ITEM # 9E
REPORT # 263
~~ STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 08, 2009
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
TUBE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of 2010 on-sale intoxicating and Sunday liquor
licenses for Paisan, Inc. d/b/a Khan's Mongolian Barbeque, 500 East 78th Street.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve the renewal of the 2010 on-sale intoxicating and Sunday
liquor licenses for Paisan, Inc., d/b/a Khan's Mongolian Barbeque,
500 East 78th Street.
II. BACKGROUND
On November 5, 2009, the City received the renewal application and other required
documents for on-sale intoxicating and Sunday liquor licenses for Paisan, Inc., d/b/a
Khan's Mongolian Barbeque. The applicant has paid the required fees.
The Public Safety background investigation has been completed and reveals the
following:
The corporate structure of the organization remains unchanged from last year.
Mitchell Law and Sherri (Paisan) Law are the owners of the establishment. Mitchell
Law continues to serve as the General Manager and President of the restaurant.
Sherri Paisan Law serves as the Vice President and Treasurer. Neither of these
individuals has any known criminal record.
1208 PH Khans Liquor License Renewals
The lease between the applicant and the property owner, Roy A. Bogen, is in effect
with all payments current.
All general sales, real estate and withholding taxes have been paid and are current.
Proof of liquor liability insurance has been received showing Safeco Insurance
Company affording the coverage. Workers' compensation insurance has also been
supplied.
An accountant's statement has been prepared and submitted. This statement
covers the period from October 2008 through September 2009, and indicates that
food sales accounted for 91 % of the total sales, while liquor sales accounted for 9%
of the total sales.
There were nine Public Safety/Police contacts with Khan's from October 2008
through September 2009. This compares with seven contacts for the previous year.
A breakdown of these contacts is attached to this report.
Environmental Health staff received no complaints for Khan's Mongolian Barbeque
in the past year.
On-sale and Sunday liquor licenses require owners of these establishments to
comply with Resolution No. 9511, which outlines discipline they can expect if any
ongoing problems occur. A copy of this resolution has been given to the owner of
the establishment.
There are no distance requirements in which to notify neighbors of the issuance or
renewal of on-sale and Sunday liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
The most recent violation for the sale of alcohol to underage youth with Khan's
Mongolian Barbeque was September 3, 2005. This was considered a first violation.
Technically, it is a third violation, but due to the time that had elapsed between this
violation and the previous violations on July 14, 2001 and July 1999, it was counted
as a first violation. There have been no other violations since September 2005.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to on-sale intoxicating and
Sunday liquor licensing.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the license requested.
B. CRITICAL ISSUES
• The requirements of Resolution No. 9511 must be met.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be .conducted:
Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Section 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Mitchell Law
~E~ I
KHAN'S MONGOLIAN BARBEQUE
Officer and Directors
Mitchel Law President & On-Premises Manager
Sherri (Paisan) Law Vice Presiderit/Treasurer
PUBLIC SAFETY CONTACTS
October 2008 -September 2009
Khan's Mongolian Barbeque
2008 2009
TOTAL CONTACTS '7 9
CRIMINAL CONTACTS 4 7
Incidents (see bottom of page for specifics) (1) (5)
Alarm (3) (2)
MISC. NON-CRIMINAL 3 2
Assists (1) (1)
.Traffic (1) (1)
Inspections/Licensing (0) (0)
Medical/Fire (1) (0)
The criminal contacts from October 2008 through September 2009 were: one suspicious
person, two property damage accidents, one disturbance, one burglary and two alarms.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: pIIBLIC .HEARINGS
AGENDA ITEM # 9F
REPORT # 264
STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 08, 2009
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
NAME, T/TLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of on-sale intoxicating and Sunday liquor
licenses for 2010 for Champps Operating Corporation d/b/a Champps Restaurant, 790 West
66th Street.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve the renewal of the 2010 on-sale intoxicating and Sunday
liquor licenses for Champps Operating Corporation d/b/a Champps
Restaurant. 790 West 66th Street.
II. BACKGROUND
On October 7, 2009, the City received the renewal application and other required
documents for on-sale intoxicating and Sunday liquor licenses for Champps
Operating Corporation d/b/a Champps Restaurant. The applicant has paid the
required fees.
The Public Safety background investigation has been completed and reveals the
following:
The corporate structure of the organization remains unchanged from last year:
James Keith Zielke serves as President and Kimberly Kay Fowles serves as
Secretary. Thad Anderson serves as the General Manager. None of these
individuals has any known criminal record. A current list of officers is attached.
1208 PH Champps Liquor License Renewals
All general sales, real estate and withholding taxes have been paid and are current.
The lease between the applicant and the property owner, Market Plaza
Commercial, LTD., c/o G. & P. Properties, Inc. is in effect with all payments current.
Proof of liquor liability insurance coverage has been received showing Zurich
American Insurance Company affording the required coverage. Proof of workers'
compensation insurance coverage has also been supplied.
An accountant's statement has been prepared and submitted. This statement
covers the period from October 2008 through September 2009, and indicates that
food sales accounted for 63% of the total sales, while alcohol accounted for 37% of
the total sales.
There were 33 Public Safety/Police contacts with Champps restaurant from October
2008 through September 2009. This compares with 45 contacts for the previous
year. A breakdown of these contacts is attached to this report.
Environmental Health staff received one complaint for Champps in 2009 regarding a
food related matter. Bloomington Public Health inspectors were notified and no
further complaints have been received.
On-sale intoxicating and Sunday Liquor licenses require owners of these
establishments to comply with Resolution No. 951.1, which outlines discipline they
can expect if any ongoing problems occur. A copy of this resolution has been given
to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale intoxicating and Sunday liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
The most recent violation for the sale of alcohol to underage youth with Champps
Restaurant was March 20, 2008. This was considered a first violation: Technically,
it is a fourth violation, but due to the time that had elapsed between this violation
and the previous violations on April 4, 2002, November 1999 and July 1999, it was
counted as a first violation. There have been no other violations since March 2008.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to on-sale intoxicating and
Sunday liquor licensing.
• Based on the information supplied by the applicant and the
investigation conducted, there appears to be no reason to deny the
issuance of the licenses requested.
B. CRITICAL ISSUES
• The requirements of Resolution No. 9511 must be met.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
• Suspend or revoke the licenses. Any suspension or revocation must,
. according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Champps staff
~~ ~ ~
Champps Operating Corporation
Champps Restaurant
Officers and Directors
James Keith Zielke President
Kimberly Kay Fowles Secretary
Thad Anderson Manager
PUBLIC SAFETY CONTACTS
October 2008- September 2009
Champps Restaurant
2008 2009
TOTAL CONTACTS 45 33
CRIMINAL CONTACTS 31 20
Incidents (see bottom of page for specifics) (31) (19)
Alarm (0) (1)
MISC. NON-CRIMINAL 14 13
Assists (6) (5)
Traffic (5) (6)
Inspections/Licensing (0) (0)
Medical/Fire (3) (2)
The criminal contacts from October 2008 through September 2009 were: two thefts, five
suspicious persons, four disturbances, three drunkenness, one property damage accident,
one fight, one threat, one DWI, and one noise complaint and one alarm.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: pDBLIC HEARINGS
AGENDA ITEM # 9G
REPORT # 265
~~' STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 08, 2009
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
BETSY OSBORN, SUPPORT SERVICES
MANAGER
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of the renewal of 2010 on-sale intoxicating and Sunday liquor
licenses for HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue South.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Consider the renewal of 2010 on-sale intoxicating and Sunday
liquor licenses for HKD Lo, Inc., d/b/a Jun Bo Chinese Restaurant,
7717 Nicollet Avenue South.
II. BACKGROUND
On October 28, 2009, the City received the renewal application and other required
documents for on-sale intoxicating and Sunday liquor licenses for HKD Lo, Inc.
d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue South. The applicant has
paid the required license fees.
The Public Safety background investigation has been completed and reveals the
following:
The corporate structure of the organization remains unchanged. Yik Lo serves as
president and Yau Lo serves as Secretary. Kee Lo serves as the on-premise
manager. None of these individuals has any known criminal record. A current list
of officers is attached.
1208 PH Jun Bo On-Sale Intoxicating & Sunday Liquor Licenses Renewals
All general real estate, state sales and withholding taxes have been paid and are
current.
The required proof of liquor liability insurance coverage has been received showing
Founders affording the required coverage. Proof of workers' compensation
insurance coverage has also been supplied.
An accountant's statement has been prepared and submitted. This statement
covers the period from August 2008 through September 2009 and indicates that
food sales accounted for 55.78% of the total sales, while liquor sales accounted for
31.93% of the total sales. Sales for dances accounted for 12.29% of the total sales.
There were 81 Public Safety/Police contacts with Jun Bo from October 2008
through September 2009: This compares to 69 calls from the previous year. A
breakdown of these contacts is attached to this report.
In December of 2007, the City Council reviewed the request from staff to approve
Jun Bo's alcohol license for the year 2008. At that time, there were a higher
number of criminal contact types of calls than the Council wanted to see and
conditionally approved their license for 2008 with the requirement that staff would
monitor the establishment on a quarterly basis and report that information to the
City Council. The end result was that the criminal contact types of calls were
lowered in 2008.
In August of 2009, staff became concerned that the number of criminal type calls
were again heading toward the level that they were in 2007. It also appeared that
the calls were getting more severe in nature. As it can be clearly identified by the
number of Public Safety contacts for 2009, it does appear that the number of calls
has again increased to the amount they were at in 2007. Staff is neither
recommending approval or denial of their license but based on past history expects
this will be of concern to the City Council and conditions to their license could occur.
On Wednesday, August 26, 2009, staff met with the licensees who are listed on the
.application to discuss the on-going issues that staff has with the manner in which
the establishment is managing the criminal contact types of calls. Staff specifically
reviewed Resolution No, 9511 which clearly spells out the progressive discipline an
alcohol establishment can expect if they violate any of the categories listed. The
licensees indicated that they understood the focus of the meeting. After the
meeting, staff followed up by sending a summary letter to the licensees clearly
identifying the issues of concern that were discussed. Staff is confident that the
licensees understood the concerns and would work toward making changes to
improve on their criminal contact incidents.
Since staff's meeting with the licensees on August 26, there have been seven
criminal incidents. Of these seven, four of the contacts are ones that were not
included in the total number of contacts for 2009 because they occurred after
September. These include: one disturbance, one assault, one suspicious activity
and one weapons violation.
The increase in the amount and severity of the number of Public Safety contacts
results in a significant amount of time our officers spend responding to these calls
as well as the amount of time our officers spend routinely patrolling the area of this
establishment. Large dance radio promotions draw large numbers of patrons and
appear to be especially problematic. There are also concerns about the possible
over-service of alcohol as many are ve_yr' intoxicated when police arrive and make
contact. They do employ on-site security, yet Public Safety contacts remain high.
Environmental Health staff received no complaints regarding Jun Bo Chinese
Restaurant during the past year.
On-sale intoxicating and Sunday liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines discipline they
can expect if any on-going problems occur. A copy of this resolution has been
given to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale intoxicating and Sunday liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 26, 2009.
Jun Bo has received no violations for the sale of alcohol to underage youth.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statutes pertaining to on-sale intoxicating and
Sunday liquor licensing.
• Based on the information supplied, there appears to be no reason to
deny the licenses requested.
B. CRITICAL ISSUES
• The requirements of Resolution No. 9511 must be met.
• Reduction in the number of Public Safety calls concerning,
drunkenness, assaults, disturbances, fights and weapon related
offenses must occur. They must be decreased in half, which is still
more than the average of all other on-sale intoxicating liquor
establishments.
Non-compliance with the reduction of Public Safety calls will result in
staff requesting that the City Council discuss the issues with them
personally at a future Council meeting to include licensing.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATNE RECOMMENDATION(S~
• Continue the hearing. However, if the hearing is continued beyond January
1, 2010, the Council should consider the granting of license extensions to
allow the applicant to continue to sell liquor until the rescheduled hearing can
be conducted.
• Suspend or revoke the licenses. Any suspension or revocation must,
according to Minnesota State Statute 340A.415, be based upon a finding that
the licensee has failed to comply with an applicable statute, rule or ordinance
relating to alcoholic beverages. The Council must also note that no
revocation or suspension takes effect until the licensee has been afforded an
opportunity for a hearing under Section 14.57 to 14.70 of the Administrative
Procedure Act.
V. ATTACHMENTS
• List of Officers
• Breakdown of Public Safety contacts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Representative(s) of Jun Bo Chinese Restaurant.
~~-(
HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant
Directors and Officers
Yik Chi Lo President
Yau Mai Lo Vice-President
Kee Lo On-Premise Manager
PUBLIC SAFETY CONTACTS
October 2008 through September 2009
HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant
2008 2009
TOTAL CONTACTS 69 81
CRIMINAL CONTACTS 36 49
Incidents (see bottom of page for specifics) (33) (44)
Alarm (3) (5)
MISC. NON-CRIMINAL 33 32
Assists (22) (22)
Traffic (8) (8)
Inspections/Licensin.g (0) (0)
Medical/Fire (3) (2)
The criminal contacts from October 2008 through September 2009 were: three
drunkenness, five thefts, nine suspicious activities, five alarms, seven disturbances, four
assaults, eleven fights, one drug call, one domestic, two property damage and one DWI.
(Numbers in parenthesis are included in total contact figures)
AGENDA SECTION: PIIBLIC HEARINGS
AGENDA ITEM # l O
REPORT # 266
STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY:
CORRINE HEINE, CITY ATTORNEY
NAME, TITLE
DEPARTMENT DIIZECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of an ordinance amending Section 930 of the Richfield
Cit Code; relatin to re ulation of noise.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
1. Adopt an ordinance amending Subsections 930.01, 930.03,
930.05, 930.11 and 930.13 of the Richfield City Code; relating to
regulation of noise; and,
2. Adopt the resolution authorizing publication of the ordinance
by title and summary.
II. BACKGROUND
The City staff recently determined that the City's ordinances regarding maximum
noise limits purports to establish a standard that is stricter than the noise limits
established by the Minnesota Pollution Control Agency rules. State law prohibits
cities from adopting noise limitations that are stricter than the state regulations. City
staff has proposed an amendment that would bring the City Code into conformance
with state law.
1208 PH Resolution Amending and Regulating Noise Ordinance
The existing ordinance also refers to the state rules by an outdated form of citation.
The proposed amendment updates the ordinance to the current form of citation.
The existing ordinance requires permits for central air conditioning units and
authorizes the Community Development Director to require sound mitigation for
units that exceed the maximum sound pressure levels of the ordinance. The
proposed ordinance expands those requirements to include auxiliary generators and
other HVAC equipment.
The City Council held a first reading of the ordinance on July 22, 2008.. At first
reading, the City Council requested that the staff obtain clarification from the
Minnesota Pollution Control Agency regarding that agency's interpretation of state
law regarding local noise regulation. The MPCA staff has confirmed that the City
may not establish L10 or L50 sound pressure levels that differ from state law and
has recommended that the City's ordinance conform to state law. The proposed
ordinance adopts state regulations by reference and, therefore, includes both the
L10 and L50 requirements, as recommended by the MPCA staff.
City Council held another first reading of the ordinance and proposed changes on
November 24, 2009.
III. BASIS OF RECOMMENDATION
A. POLICY
• State law prohibits the City from adopting noise limitations that are
more stringent than those established by state rules.
• The City desires to protect the peace and quietude of residential
neighborhoods from noisy equipment that exceeds state limitations.
B. CRITICAL ISSUES
• The City Council requested written clarification from the Minnesota
Pollution Control Agency. A response in the form of an a-mail to
City Attorney Corrine Heine from Anne Claflin has been received
and is attached.
C. FINANCIAL
• The proposed ordinance brings into conformance the City's noise
regulations to those in state law.
• The ordinance adopts state regulations by reference rather than
repeating the contents of the state rules in the City ordinance. This
manner of adopting state rules should assure that the City and
state regulations will remain consistent.
• The ordinance allows the Community Development Director to
require sound mitigation of air conditioning units, auxiliary
generators, and other HVAC equipment that exceeds maximum
sound limits.
D. LEGAL
• The proposed ordinance will bring City noise limits into
conformance with state law.
E. ENVIRONMENTAL
CONSIDERATIONS
• Unregulated noise can disturb the peace and quietude of
neighborhoods and individuals.
IV. ALTERNATIVE RECOMMENDATION~S~
• None.
V. ATTACHMENTS
• Ordinance No.
Resolution No. Approving Summary Publication
Communication from Anne Claflin, MPCA
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
• None
~o- i
BILL NO.
AN ORDINANCE AMENDING
SUBSECTIONS 930.01, 930.03, 930.05, 930.11 AND 930.13
OF THE RICHFIELD CITY CODE; RELATING
TO REGULATION OF NOISE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 930.01 of the Richfield City Code is amended to read as
follows:
930.01. Subd. 3. "Motor vehicle" means (i) any self-propelled vehicle not
operated exclusively upon railroad tracks, (ii) any vehicle propelled or drawn by
any self-propelled vehicle, except snowmobiles.
Sec. 2. Subsection 930.03 of the Richfield City Code is amended to read as
follows:
930.03. Adoption of regulations by reference. The following state agency
regulations are adopted by reference: Minnesota Pollution Control Agency, Noise
Pollution Control Section, F ~~~'AR~SS4 2004 2nd ~~' ~ Minnesota Rules
Chapter. 7030, as amended.
Sec. 3. Subsection 930.05 of the Richfield City Code is amended to read as
follows:
930.05. Receiving land use standards. Subdivision 1. Maximum noise levels by
receiving land use district.
For ourooses of enforcina maximum noise levels by the receivingland use
as established by state rules, noise levels will be measured at
i line of the receiving use which is closest to the source.
Subd. 2. Exceptions. The
annl~i t~ tnP following exceptions to the maximum noise limits established by
state rules shall apply:
(a) construction activities described in subsection 930.09.
>b~ ~
(b) situations in which public health and, safety require that immediate
work be done on any .property the performance of which exceeds the sound
levels permitted for that time of day or for that day.
(c) situations in which the purpose of the sound is to alert persons to an
emergency or for the purpose of testing any alarm system.
Sec. 4. Subsection 930.11 of the Richfield City Code, is amended to read as
follows:
930.11. Air circulation devices; auxiliary generators. Subdivision 1. Permit
required. No person may permanently install or place any sound emitting air
circulation device, auxiliary generator or other heating, ventilation or air
circulation mechanical equipment, ' ' in any
outdoor location without first obtaining a permit for the installation. The
requirement for a permit does not apply to a window air conditioning unit or an
auxiliary nPnPrator that is temporarily placed durina emeraencv use.
Subd. 2. Sound levels; mitigation required. The sound level produced by
any window unit, air circulation device, auxiliary generator and h~an~i aYictin J air
circulating or other heating, ventilation or air circulation mechanical device shall
be reduced in the manner required by the director of {wblic..safe#~c community
development. Such requirements may include, but are not limited to, placement
or installation of fencing landscaping or sound baffling equipment or relocation of
the devices if the noise results or contributes to sound levels in excess of those
specified in Table L
Sec. 5. Subsection 930.13 of the Richfield City Code is amended to read as
follows:
930.13. Motor vehicles. Subdivision 1. General restrictions. No person may
operate a motor vehicle or combination of vehicles in such a manner as to exceed the
noise limits contained in Pollution Control Agency Rules, ~ nnraR a Anna Minn. R.
7030.1000-1060, as amended.
Sec. 6. This ordinance shall be effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 8th day of
December, 2009. _
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
f ~ ~-3
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO.
WHEREAS, the City has adopted the above referenced ordinance; and
WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense
of publication of the complete text is not justified; and
WHEREAS, the following summary clearly informs the public of the intent and
effect of the ordinance.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO.
AN ORDINANCE AMENDING SUBECTIONS 930.01, 930.03,
930.05, 930.11 AND 930.13 OF THE RICHFIELD CITY CODE;
RELATING TO REGULATION OF NOISE
On December 8, 2009, the Richfield City Council adopted an ordinance
designated as Bill No. ,the title of which is stated above. This
summary of the ordinance is published pursuant to Section 3.12 of the Richfield
City Charter. The ordinance adopts state noise regulations by reference and
eliminates outdated references to .state regulations. The ordinance requires a
permit for installation of auxiliary generators and mechanical heating and
ventilation equipment and requires such equipment to be located so that the
equipment will not exceed maximum sound pressure levels when operated. The
community development director may require installation of sound baffling for
equipment that exceeds allowed noise levels. Copies of the ordinance are
available for public inspection in the office of the City Clerk during normal
business hours or upon request by calling 612-861-9760 of the Community
Development Department.
BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of
the ordinance in her office at City Hall for public inspection and.to post a full copy of the
ordinance in a public place in the City for a period of two weeks.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of
December 2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
i0~`~
From: Claflin, Anne [mailto:Anne.Claflin@state.mn.us]
Sent: Tuesday, August 05, 2008 3:54 PM
To: Corrine Heine (External Address); Anne.Claflin@state.mn.us
Cc: Steve Devich
Subject: RE: Clarification regarding city regulation of noise levels
Corrine,
The interpretation of the statute is that any ordinance that lists a decibel level limit would likely
cause conflicts with the L10 and L50 standards, and would be in conflict with the statute that
says no local governments may set maximum sound levels that are more stringent.
Restricting the location of air conditioning units, operation, or other physical characteristics may
have the impact of reducing sound levels, but does not refer to decibel levels, so is acceptable.
Restricting locations does not cause such a direct conflict because it does not set "standards
describing the maximum sound pressure levels" that are more stringent than the rules.
I do agree that the sound levels referenced in your Table 1 should be adjusted to match the
levels in state rules and noise area classifications, and suggest that the city include both the L10
and L50 values.
As a side note, in practice, when the PCA does sound level monitoring, the guidelines refer to
outdoor areas that are regularly used for recreation, such as a patio, play set, picnic table or
garden seating area. We may be near the property line, especially in residential areas, but the
standard is not applied exactly at the property line. In residential areas this is usually not an
issue because of the short distances and the nature of the sound will not change significantly,
but it can be an issue in rural areas or areas with large lots.
hope this clarifies the issue, but please let me know if any other information is needed.
Anne Claflin
Environmental Analysis and Outcomes Division
Minnesota Pollution Control Agency
651-282-6672
anne.claflin(c~state. mn. us
-----Original Message-----
From: Heine, Corrine A. [mailto:cheine@kennedy-graven.com]
Sent: Wednesday, July 23, 2008 8:26 AM
To: Anne.Claflin@state.mn.us
Cc: Steve Devich
Subject: Clarification regarding city regulation of noise levels
Ann,
This follows my voicemail to you of today. I am asking for clarification regarding the MPCA's
position on local regulation of noise levels. As you know, Minn. Stat. sec. 116.07, subd. 2
provides, in part, that "no local governing unit shall set standards describing the maximum levels
of sound pressure which are more stringent than those set by the Pollution Control Agency."
Richfield's city code includes the following provisions:
s
lo=g
930.05. Receiving land use standards. Subdivision 1. Maximum noise levels by receiving land
use district. No person shall operate or cause to be operated or permit any source of noise in
such a manner as to create a noise level exceeding the limits set in Table I for the receiving
land use category specified therein when measured at the property line of the receiving use
which is closest to the source.
Table I
L 10 Noise Limits by Receiving Zoning Districts
Zoning Districts Daytime Nighttime
Industrial (i) 70 dBA 70 dBA
General Commercial (C-2) 65 dBA 65 dBA
Neighborhood Commercial (C-2) 60 dBA 60 dBA
Residential (R, MR) 60 dBA 50 dBA
930.11. Air circulation devices. No person may permanently install or place any sound emitting
air circulation device or other mechanical equipment, except a window air conditioning unit, in
any outdoor location without first obtaining a permit for the installation. The sound level
produced by any window unit and by any existing air circulating or mechanical device shall be
reduced in the manner required by the director of public safety. Such requirements may
include, but are not limited to, relocation of the device if the noise results or contributes to sound
levels in excess of those specified in Table I.
Based on my reading of the statute and conversations that you and I have had, it is my
understanding that the City may not adopt regulations that establish L10 or. L50 noise limits that
are more stringent than those set forth at Minn. Rules 7030.0040; however, the City may
regulate noise in other ways that do not establish different L10 or L50 maximum sound pressure
levels. E.g., the city could prohibit the operation of specified equipment during certain hours or
could require that certain equipment be placed a specified distance from a property line. I have
recommended that the city amend section 930.05 above so that the stated noise limits would be
identical to the limits in 7030.0400.
Two of my council members have stated, however, that based on conversations they had with
you, they understood that the City could regulate specific equipment (e.g., air conditioners) by
reference to maximum sound pressure levels that are more stringent than the state rules. Their
understanding is that, because the MPCA has no rules on sound pressure levels emitted by air
conditioners, a city may regulate air conditioners based on the sound pressure as measured
from a property line and that the stated sound pressure level may be more stringent than the
levels in 7030.0040. I.e., they understood that the city's regulations do not require amendment
and are permissible under 116.07, subd. 2.
The council has requested a written response from you as to whether the city can regulate
specific equipment. by reference to L10 and L50 sound pressure levels that are more stringent
than the MPCA rules. Please call if you have any questions. A reply by email is fine -- I don't
need a formal letter.
Corrine A. Heine
Kennedy & Graven, Chartered
1r~~~
470 U. S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
Tel: 612-337-9217
Fax: 612-337-9310
AGENDA SECTION: PIIBLIC HEARINGS
AGENDA ITEM # 11
REPORT # 267
~' STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY:
DEPARTMENT DIIZECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
CHRIS REGIS, FINANCE MANAGER
NAME, Tim
ITEM FOR COUNCIL CONSIDERATION:
Conduct a public hearing on Water Utility Conservation Rate Structure and Storm Water 2010
'' Pro osed rate increase and a rove a resolution establishin utilit rates.
I. RECOMMENDED ACTION:
Conduct and close the public hearing on the Water Conservation Rate
Structure and 2010 Storm Water proposed rate increase and by
motion: Approve a resolution establishing wastewater service rates
and charges, water rates and charges, special water service charges,
storm sewer rates. and charges, and 6.5% penalty on past due
accounts.. ___
IL BACKGROUND
As part of the annual budget process, utility rates are reviewed to ensure that rates
being charged are recovering costs incurred in providing the service.
As a result of Minnesota Statutes, section 103G.291, public water suppliers serving
more than 1,000 people are required to establish a water rate structure, a
"Conservation Rate Structure" that encourages conservation that is to be effective
January 1, 2010.
City Charter Section 11.02 requires that before any rates for utilities. shall be
adopted by the City Council, the Council shall hold a public hearing on the proposed
rates.
1208Utility Rate Public Hearing
At the Truth in Taxation public hearing held on November 30, 2009, proposed
wastewater utility rates were part of the public hearing.
Accordingly, to fulfill the requirements of the City charter it is recommended that the
proposed Water Conservation Rate structure and proposed Storm Sewer rates be
reviewed in a public hearing format. -
III. BASIS OF RECOMMENDATION
A. POLICY
• City Charter Section 11.02 requires that a public hearing on proposed
utility rates be held prior to adoption by the City Council.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL -
Rates for Water are as follows:
• Water Conservation Rate Structure:.
• $2.49 per 1,000 gallons - 0-25,000 gallons
• $2.74 per 1,000 gallons - 26,000-50,000 gallons
• $2.99 per 1,000 gallons - 51,000 gallons and over
• $2.99 per 1,000 gallons -Irrigation Only Accounts
Rate for Storm Sewer - $10.66 per quarter
Base rates for the Water, Wastewater and Storm Sewer utilities have the following
planned increases:
• Water $0.15 per 1,000 gallons
• Wastewater 0.44 per 1,000 gallons
• Storm Sewer 0.31 per unit
The overall increase in rates for the three utilities from 2009 to 2010 is $.90 or
5.85%.
D. LEGAL
• Notice of the public hearing was published in the Sun Current on
November 26, 2009.
• The City is required by State Stature 103G.291 to establish a Water
Conservation Rate structure effective January 1, 2010.
IV. ALTERNATIVE RECOMMENDATION(S~
• N/A
V. ATTACHMENTS
• - Resolution establishing utility rates.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
Il~-1
RESOLUTION NO.
RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES,
WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM
SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows:
SANITARY SEWER SERVICE RATES AND CHARGES FOR 2010
1. Pursuant to the provisions of Section 7.05 of the Ordinance Code of the City of
Richfield, the rates and charges for use and service of the sanitary sewer system are
hereby established to be those set forth in the following paragraphs of this resolution
which rescinds Resolution No. 10178:
2. Where the rate is not based upon the metered use of water, the following quarterly flat
charges are established effective January 1, 2010 for each billing district as defined in
paragraph 3 of this resolution.
2010
A) Residential per unit $ 63.00
B) Commercial -
For the equivalent of 10 or less persons $ 63.00
More than 10, less than 16 114.90
More than 15, less than 21 160.70
More than 20, less than 26 214.60
C) Institutional -
Foreach public or private school the quarterly flat charge shall
be charged whether the school is in session or not (rates being
charged upon average yearly use); shall be based upon the
number of students enrolled at the beginning of the quarterly
billing period or the preceding period if school is not then in
session; and shall be as follows:
2010
For each 100 grade school students or fraction $ 75.20
in excess thereof
For each 100 junior high school students or high 188.80
School students or fraction thereof
D) In addition to the above flat rates there shall be a customer
Charge on each invoice as determined in paragraph 4 of this
resolution and a certification charge as determined in Section
7.05 of the City Ordinance Code.
3. Where the rate for sanitary sewer service is based upon the metered use of water on
the premises, such rates shall be as follows:
A) For all residential premises the rate shall be based on
%/- ~-
The actual use, or less of water for the preceding
winter quarter, per thousand gallons with a minimum
of 7,000 gallons, effective January 1, 2010, for each 2010
customer billing district and shall be as follows:
$ 3.14
For the purpose of this paragraph A), the winter
quarter shall be the.winter quarter as specified in
Subdivision 3 of said section 7.05.
B) For all commercial, institutional, industrial, and other
premises, the rate per thousand gallons of water
effective January 1, 2010, -shall be as follows: $ 3.14
C) A customer charge shall be made for each invoice
rendered effective January 1, 2010 as follows: $ 5.00
If the invoice is for water service, as well as sanitary
sewer service, the customer charge, when collected,
shall be allocated proportionally between the City's
water fund, sewer fund, and its storm sewer fund
based on the user fees billed for by each fund.
D) Where the metered use of water on the premises for the
preceding winter quarter was not normal, the rate may be
adjusted as provided in Subdivision 3 of said Section 7.05.
4. The foregoing rates and charges are in addition to, and not in lieu of, other rates and
charges established by ordinance or resolution.
5. The Metropolitan Airports Commission (MAC) will be charged a sanitary sewer rate
based on the Met Council Environmental Services (MCES) rate plus 15% for
Inflow/Infiltration and $1,000.00 per quarter for administration costs.
WATER RATES AND CHARGES FOR 2010
1. Pursuant to the provisions of Section 7.15 of the Ordinance Code of the City of
Richfield, the rates and charges for City water and water service are hereby established
to be those set forth in the following paragraphs of this resolution:
The charges due and payable to the City by each water customer of the City, during any
quarter shall be based upon the Conservation Rate Structure.
Water-Tier 1: The first tier rate is ($2.49 per thousand) charged for
consumption of the first 25,OOq gallons.
Water-Tier 2: The second tier rate is ($2.74 per thousand) charged for
consumption of 26,000 gallons but less or equal to 50,000
gallons.
Water-Tier 3: The third tier rate is ($2.99 per thousand) charged for
consumption in excess of 51,000 gallons.
Irrigation accounts: All consumption will be charged at the ($2.99 per thousand)
water-tier 3 rate.
The Conservation Rate Structure applies to multi-unit and residential premises.
Commercial, institutional or industrial will only be subject to the Water-tier 1 rates for
domestic use, irrigation accounts will be subject to the Water-tier 3 rate.
Water charges shall be payable quarterly, and all bills issued after January 1, 2010 shall be
at this rate.
SPECIAL WATER SERVICE CHARGES FOR 2010
1. Pursuant to the provisions of Section 7.15 of the Ordinance Code of the City of
Richfield, the rates and charges for special customer services are hereby established to
be those set forth in the following paragraphs of this resolution:
2. The charge for establishing a new customer account shall be $13.50 per account.
3. The charge for installation of meters or outside meter readers shall be $50.00 per
installation.
4. The charge to flush and maintain fire hydrants located on privately owned property
within the City shall be $50.00 per hydrant per year plus any required parts.
5. The charge to thaw and service water pipes on customer property shall be actual cost to
the City plus thirty percent.
6. The charge for any other services not covered by the above shall be based on actual
hourly cost to the City. plus thirty percent.
7. The MN lab fee will is $6.36.
STORM SEWER RATES AND CHARGES FOR 2010
1. Pursuant to the provisions of Section 7.20 of the Ordinance Code of the City of
Richfield, the rates and charges for City storm sewer service are hereby established to
be those set forth in the following paragraphs of this resolution:
2. The rates and charges for the use and availability of the system are determined through
the use of a "Residential Equivalent Factor" (REF). One REF is defined as the ratio of
the average volume of surface runoff coming from one acre of land and subjected to a
particular use, to the average volume of runoff coming from one acre of land subjected
to typical single-family residential use within the City during a standard one year rainfall
event. The REF's for the following land uses within the City and the billing
classifications for such land uses are as follows:
LAND USES REF CLASSIFICATION
Cemeteries .25 1
Parks and railroads .75 2
Two-family residential 1.00 3
Single-family residential 1.00 4
Public and private schools
and institutional uses 1.25 5
Multiple-family residential
uses and churches ~ ~- -r 3.00 6
Commercial, industrial, and
Warehouse uses 5.00 7
3. The basic system quarterly rate for storm sewer service is $51.75 per acre of land.
$10.66 is the quarterly rate for asingle-family residence, which is considered to have an
acreage of one-fifth acre. The charge made against each parcel of land is then
determined by multiplying the REF for the parcel's land use classification times the
parcel's acreage times the basic system rate.
6.5% PENALTY ON PAST DUE ACCOUNTS
1. Customers will have thirty (30) days to pay their water, sanitary sewer, and storm sewer
quarterly bills from the date of the mailing by the City. Any unpaid .amount will be added
to the next quarterly bill along with a 6.5% penalty on the delinquent amount.
2. The penalty charge when billed on past due accounts shall be allocated proportionally
between the City's water fund, sewer fund, and storm sewer fund based on the user
fees billed for each fund.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of
December, 2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: RESOLUTIONS
AGENDA ITEM # j 2
REPORT # 268
~~ STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
CHRIS REGIS, FINANCE MANAGER
NAME, Tr7zE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolutions approving the 2009 Revised/2010 Proposed budget and tax levy
and related resolutions and °
I. RECOMMENDED ACTION:
By motion: Adopt the resolutions approving the 2009 Revised/2010
Proposed bud et and tax le and related resolutions.
II. BACKGROUND
In September 2009, the City Council approved and certified. a preliminary tax levy of
$15,299,188 to Hennepin County. The final tax levy must now be considered and
approved by the City Council. The final levy may be less but cannot be greater than
the preliminary levy amount. Taxpayers have received individual parcel specific tax
notices in anticipation of the truth-in-taxation hearing.
The City of Richfield.has conducted and closed .its 2009 truth-in-taxation hearing on
November 30, 2009. During the course of the public hearing, there was an
opportunity for testimony from the general public. Information was also presented by
staff regarding the proposed levy and budget. No official City Council action to act
on the levy was permissible on the day of the public hearing.
Since the initial publication of the 2010 City of Richfield proposed budget document,
the original 2010 General Fund budget has realized a net reduction of $48,800. The
reduction is a combination of a reduction in both street maintenance division
expenditures and estimated street light revenues and an increase in health
1208BudgetStaffReport
insurance costs. In addition, Fire State Aid budgeted revenues were reduced by
.$23,800. The reduction in revenues was offset by an increase in Transfers In.
Finally, more up to date information with regards to the-2010 Capital Improvement
Budget (CIB) has become available. The effect of this new information on the 2010
CIB is an increase of budgeted costs of $50,000. The increase is a result of
expenditures for the Alley Paving project being increased.
III. BASIS OF RECOMMENDATION
A. POLICY
• A revised 2009 budget and final 2010 budget and tax levy must be
adopted on or before December 28, 2009.
• Cities then have flue working days after December 20 or no later than
December 28 to prepare all the documentation necessary to certify a final
levy to the County Auditor and State Departme_ nt of Revenue.
• A proposed 2010 tax levy has been submitted to the City Council for
consideration.
• Several related resolutions included within the total budget document
need to be considered. These related resolutions are itemized in the
attachment section of this staff report.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• The proposed gross tax levy for 2010 is now $15,288,021.
• The gross tax levy for 2010 reflects a 6.88% increase from the previous
year's gross levy.
• The levy increase comprises three components as follows:
• General Fund and Equipment Levy 2.26%
• Debt Service Levy 4.36%
• Tax Abatement Levy .03%
• 2008 LGA Levy .23%
• The local tax capacity rate for 2010 reflects a 12.76% percent increase
from the previous year.
D. LEGAL
• Atruth-in=taxation public hearing for the 2010 proposed budget and
.tax levy was conducted on November 30, 2009.
IV. ALTERNATIVE RECOMMENDATION~S~
• The City Council could adopt a final 2010 budget and tax levy in any amount,
which does not exceed the preliminary levy of $15,299,188.
V. ATTACHMENTS
• Resolution adopting a proposed budget and tax levy for the year 2010.
• Resolution authorizing budget revisions.
• Resolution authorizing revision of 2009 budget of various departments.
• Resolution authorizing adjustment to City's mileage reimbursement rate to
conform to Internal Revenue Service statutory mileage reimbursement rate.
• Resolution adopting the 2010 Capital Improvement Budget.
• Resolution adopting the 2011-2014 .Capital Improvement Program.
• Resolution relating to purchasing practices in the City of Richfield.
• Resolution relating to the 2010 General Services Salary compensation plan.
• Resolution relating to the 2010 Management Salary compensation plan.
• Resolution relating to the January 2010 Specialized pay plan.
VI. PRINCIl'AL PARTIES EXPECTED AT MEETING
• None
ra-I
RESOLUTION NO.
RESOLUTION ADOPTING A PROPOSED. BUDGET AND TAX LEVY
FOR THE YEAR 2010
WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to
be certified to the County Auditor by September 15, 2009 and then recertified before
December 28, 2009.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. The budget for the City of Richfield for the year 2010 is hereby approved and
adopted with appropriations for each of the departments to be as follows:
General Fund
Legislative/Executive $ 744,600
Administrative Services 1,099,470
Public Safety 7,365,390
Fire Services 3,253,220
Community Development 1,096,270
Public Works 4,057,790
Recreation Services 1,564,940
TOTAL GENERAL FUND $19,181,680
2. The estimated gross revenue of the City of Richfield from all sources, including
general ad valorem tax levies as hereinafter set forth for the year 2010 which are
more fully detailed in the City Manager's official copy of the 2010 budget, are
hereby found and determined to be as follows:
TOTAL GENERAL FUND $19,181,680
3. There is hereby levied upon all taxable property in the City of Richfield a direct ad
valorem tax in the year 2009, payable in 2009 for the following purposes and in
the following amounts:
PURPOSE AMOUNT
General F nu d $12,843,4652
Debt Service 2,174,165
Cedar Point Tax Abatement 237,290
2008 LGA Unallotment Levy 33,101
'Provision has been made in the General Fund for the payment of the City's
contributory share to Public Employees' Retirement Association.
2 General Fund Levy included all fiscal disparities distribution amounts.
4. The budget for the Housing and Redevelopment Authority of Richfield for the year
2010 is hereby ratified and approved. There is hereby levied upon all taxable
property in the City of Richfield a direct ad valorem tax in the year 2009, payable
in 2010 for the following purposes:
~a-a-
PURPOSE
AMOUNT
Housing and Redevelopment Authority $594,292
5. A certified copy of this resolution shall be transmitted to the County Auditor.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of
December 2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
I2.-3
RESOLUTION NO.
RESOLUTION AUTHORIZING BUDGET REVISIONS
WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting
an annual budget and tax levy; and
WHEREAS, the City Charter provides certain authority for the City Manager and/or City
Council to revise the annual budget; and
WHEREAS, it would be beneficial to restate such authority with the adoption of the
budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. The City Manager may increase the budget by City Council action provided that unbudgeted
receipts will be available to equal or exceed the increased expenditures.
2. The City Manager may authorize transfers between divisions within a department providing
the transfers do not increase or decrease the department or total budget.
3. The City Manager may transfer budgeted amounts between departments only with the
approval of the City Council.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December,
2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
1~-~
RESOLUTION NO.
RESOLUTION AUTHORIZING REVISION OF 2009 BUDGET OF VARIOUS DEPARTMENTS
WHEREAS, Resolution No. 10176 appropriated funds for personal services, other
expenses and capital outlays for each department of the City for the year of 2009; and
WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority to
transfer unencumbered appropriation balances from one department to another within the
same fund at the request of the City Manager; and
WHEREAS, The City Manager has requested a revision of the 2009 budget
appropriations in accordance with Charter provisions and as detailed in the Proposed 2010
budget document.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. That the 2009 appropriations for each department of the General Fund be amended
to establish the following totals:
General Fund
Legislative/Executive
Administrative Services
Public Safety
Fire Services
Community Development
Public Works
Recreation Services
TOTAL GENERAL FUND
DECREASE
$ 740,460
1, 093, 560
8,082,940
3,194,220
257,660
3,984,810
1,573,090
$18,926,740
$ 878,740
2. Estimated 2009 gross revenue of the City of Richfield from all sources, as the same
are more fully detailed in the Ci#y Manager's official copy of the proposed 2010
budget, are hereby revised as follows:
DECREASE
$878,740
3. That the City Manager and the Finance Manager bring into effect the provisions of
this resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December
2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
f a-~
RESOLUTION NO.
RESOLUTION AUTHORIZING ADJUSTMENT TO CITY'S MILEAGE
REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE
STATUTORY MILEAGE REIMBURSEMENT RATE
WHEREAS, the Internal Revenue Service periodically adjusts the business
mileage reimbursement rate; and
WHEREAS, the City of Richfield's present mileage reimbursement is in
conformance with the Internal Revenue Service business mileage reimbursement rate;
and
NOW ,THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota:
1. That the City Manager of Richfield is hereby authorized and directed to adjust the
City's mileage reimbursement rate to be in conformance with Internal Revenue
Service guidelines.
2. That the .City's mileage reimbursement rate is not to exceed the Internal Revenue
Service guidelines.
Approved by the City Council of the City of Richfield, Minnesota this 8th day of
December, 2009.
Debbie Goettel, Mayor
ATTEST
Nancy Gibbs, City Clerk
l a-~
RESOLUTION NO.
RESOLUTION ADOPTING THE 2010 CAPITAL IMPROVEMENT BUDGET
WHEREAS, a proposed Capital Improvement Budget for 2010 has been prepared
and submitted for review by the City Council in accordance with charter requirements;
and
WHEREAS, the City Council has received the recommendations and benefit of
review of these proposed documents by the Planning Commission and has itself
reviewed these proposals.
NOW, THEREFORE, BE IT RESOLVED that the 2010 Capital Improvement
Budget in the sum total of $25,731,230 is hereby approved as amended and adopted
with full recognition of the fact that the cost estimates are approximate and are subject to
final cost estimates and that all awards of contracts for these projects are subject to
necessary hearings and must be approved by the City Council in accordance with
established laws and practices governing such action, and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to initiate the procedures which will lead to more formal and detailed
consideration of these projects in accordance with the aforementioned laws and
practices.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of
December, 2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
a-~
RESOLUTION NO.
RESOLUTION ADOPTING THE 2011-2014 CAPITAL IMPROVEMENT PROGRAM
WHEREAS, a proposed Capital Improvement Program 2011-2014 has been
prepared for review by the Planning Commission in accordance with charter requirements;
and
WHEREAS, the City Council has received the recommendations and benefit of
review of these proposed documents by the Planning Commission and has itself .reviewed
these proposals.
NOW, THEREFORE, BE IT RESOLVED that the 2011-2014 Capital Improvement
Program is hereby approved and adopted subject to annual review and revision;
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to initiate the procedures which will lead to more formal and detailed consideration
of these projects in accordance with the aforementioned laws and practices.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of
December, 2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
a-g
RESOLUTION NO.
RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF
RICHFIELD AMENDING RESOLUTION NO. 8298
WHEREAS, the City Manager of the City of Richfield has purchasing authority
pursuant to the City Charter and Administrative Ordinance Code; and
WHEREAS, the City Charter and Administrative Ordinance Code expressly state
a purchasing authority limit for the City Manager, and
WHEREAS, all non-budgeted purchases in excess of $25,000 will require
approval by City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
That the City Manager of the City of Richfield is hereby granted the authority to
enter into contracts or approve purchases on behalf of the City of Richfield up to, but not
to exceed $25,000.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of
December, 2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
RESOLUTION NO. j ~-
RESOLUTION RELATING TO THE 2010 GENERAL SERVICES
SALARY COMPENSATION PLAN
WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for
General Services employees from time-to-time, and
WHEREAS, the City administration has prepared a 2010 pay plan for position classifications for
General Services employees. The City Manager is authorized to add or reclassify positions as necessary.
Examples of positions in each pay grade are attached.
NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the
year 2010 the following pay plan, which is to be effective January 1, 2010 and subject to all applicable
provisions of the City Code:
2010 GENERAL SERVICES COMPENSATION PLAN
STEP 1 2 - 3 4 5 6
RANGE
GS1 YR 30,721.60 32,552.00 34,340.80 36,192.00 38,355.20 39,499.20
MO 2,560.13. 2,712.67 2,861.73 3,016.00 3,196.27 3,291.60
BW 1,181.60 1,252.00 1, 320.80 1, 392.00 1,475.20 1, 519.20
HR 14.77 15.65 16.51 17.40 18.44 18.99
GS2 YR 33,800.00 35,547.20 37,273.60 39,166.40 41,184.00 43,222.40
MO 2,816.67 2,962.27 3,106.13 3,263.87 3,432.00 3,601.87
BW 1, 300.00 1, 367.20 1,433.60 1, 506.40 1, 584.00 1, 662.40
HR 16.25 17.09 17.92 18.83 19.80 20.78
GS3 YR 37,273.60 39,166.40 41,246.40 43,222.40 45,385.60 47,881:60
MO 3,106.13 3,263.87 3,437.20. 3,601.87 3,782.13 3,990.13
BW 1,433.60 1,506.40 1,586.40 1,662.40 1,745.60 1,841.60
HR 17.92 18.83 19.83 20.78 21.82 23.02
GS3E YR 40,060.80 42,099.20 44,324.80 46,467.20 48,755.20 51,480.00
MO 3,338.40 3,508.27 3,693.73 3,872.27 4,062.93 4,290.00
BW 1,540.80 1,619.20 1,704.80 1,787.20 1,875.20 1,980.00
HR 19.26 20.24 21.31 22.34 23.44 24.75
GS4 YR 41,246.40 43,222.40 45,448.00 47,736.00 50,086.40 52,728.00
MO 3,437.20 .3,601.87 3,787.33 3,978.00 4,173.87 4,394.00
BW 1,586.40 1,662.40 1,748.00 1,836.00 1,926.40 2,028.00
HR 19.83 20.78 21.85 22.95 24.08 25.35
GS4SN YR 44,283.20 46,446.40 48,838.40 51,334.40 53,872.00 56,596.80
MO 3,690.27 3,870.53 4,069.87 4,277.87 4,489.33 4,716.40
BW 1,703.20 1,786.40 1,878.40 1,974.40 2,072.00 2,176.80
H R 21.29 22.33 23.48 24.68 25.90 27.21
GS5 YR. 45,448.00 47,736.00 50,086.40 52,728.00 55,369.60 58,136.00
MO 3,787.33 3,978.00 4,173.87 4,394.00 4,614.13 4,844.67
BW 1,748.00 1,836.00 1,926.40 2,028.00 2,129.60 2,236.00
H R 21.85 22.95 24.08 25.35 26.62 27.95
! d-~~
GS5E YR 48,838.40 51,334.40 53,830.40 56,596.80 59,446.40 62,753.60
MO 4,069.87 4,277.87 4,485.87 4,716.40 4,953.87 5,229.47
BW 1,878.40 1,974.40 .2,070.40 2,176.80 2,286.40 2,413.60
HR 23.48 24.68 25.88 27.21 28.58 30.17
GS6 YR 50,086.40 52,728.00 55,369.60 58,136.00 61,110.40 67,392.00
MO 4,173.87 4,394.00 4,614.13 4,844.67 5,092.53 5,616.00
BW 1,926.40 2,028.00 2,129.60 2,236.00 2,350.40 2,592.00
HR 24.08 25.35 26.62 27.95 29.38 32.40
GS6E YR 53,830.40 56,596.80 59,467.20 62,441.60 65,582.40 72,404.80
MO 4,485.87 4,716.40 4,955.60 5,203.47 5,465.20 6,033.73
BW 2,070.40 2,176.80 2,287.20 2,401.60 2,522.40 2,784.80
H R 25.88 27.21 28.59 30.02 31.53 34.81
a. Step 1 -Start
b. Step 2 -One year from anniversary date.
c. Step 3 -One year since last increase.
If an employee is rated Needs Improvement, the employee may not advance to Step 3 until
performance is rated Satisfactory or higher.
d. Step 4 -One year since last increase.
If an employee is rated Needs Improvement, the employee may not advance to Step 4 until
performance is .rated Satisfactory or higher.
e. Step 5 -One year since last increase.
An employee must achieve a Satisfactory rating or better in all areas of responsibility before
advancing to Step 5.
f. Step 6 -One year since last increase.
An employee must achieve a Satisfactory rating or better in all areas of responsibility before
advancing to Step 6.
Employees whose competency level and/or performance are rated Unsatisfactory may- not advance to the next
step until their performance improves.
Passed by the City Council of the City of Richfield, Minnesota this eighth day of December 2009.
Debbie Goettel
ATTEST:
Nancy Gibbs
City Clerk
Mayor
(Revised 12-09)
t a-r r
GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE
GRADE POSITION TITLES CLASS
1 Office Aide Non-Exempt
Data Entry Operator Non-Exempt
Switchboard-Receptionist Non-Exempt
2 Community Development Technician Non-Exempt
Community Service Officer Non-Exempt
Custodian Non-Exempt
Investigative Clerk Non-Exempt
Lead Liquor Clerk Non-Exempt
Licensing Clerk Non-Exempt
Police Cadet Non-Exempt
Senior Office Aide Non-Exempt
3 Accounting Clerk Non-Exempt
Community Development Assistant Non-Exempt
Facility Operations Assistant Non-Exempt
Forestry Inspector/Operations Assistant Non-Exempt
Environmental Health Assistant Non-Exempt
Lead Licensing Clerk Non-Exempt
Leased Housing Assistant Non-Exempt
Secretary Non-Exempt
Utility Billing Clerk Non-Exempt
3E Assistant Liquor Store Manager Exempt
4 Assessment Clerk Non-Exempt
Information Technologies Help Desk Technician Non-Exempt
Operations Aide Non-Exempt
4SNE Administrative Aide Non-Exempt
5 Engineering Technician Non-Exempt
Facility Maintenance Supervisor Non-Exempt
Recreation Supervisor Part-time Non-Exempt
Information Technologies Technician Non-Exempt
5E Code Compliance Specialist Exempt
Communications Coordinator Exempt
Crime Prevention Program Coordinator Exempt
Community Development Accountant Exempt
Community Development Coordinator Exempt
Executive Coordinator Exempt
Housing Specialist Exempt
Human Resources Coordinator Exempt
Human Services Planner/Coordinator Exempt
Leased Housing Specialist Exempt
Naturalist Exempt
Payroll Accountant Exempt
Records Supervisor Exempt
Recreation Supervisor Exempt
Redevelopment Specialist Exempt
6 Civil Engineer Non-Exempt
Network Administrator Non-Exempt
Project Civil Engineer Non-Exempt
Trade/Building Inspector Non-Exempt
Trade/Electrical Inspector Non-Exempt
6E Accountant Exempt
Planner Exempt
~a-ia
RESOLUTION NO.
RESOLUTION RELATING TO THE 2010 MANAGEMENT
SALARY COMPENSATION PLAN
WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for
Management employees from time-to-time; and
WHEREAS, the City administration has prepared a 2010 pay plan for position classifications for
Management employees. The City Manager is authorized to add or reclassify positions as necessary. Examples
of positions in each pay grade are attached.
NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year
2010 the following pay plan, which is to be effective January 1, 2010 and subject to all applicable provisions of
the City.
MANAGEMENT COMPENSATION PAY PLAN
EFFECTIVEJANUARY 1, 2010
PAY GRADE MINIMUM MID-RANGE MAXIMUM
M-L YR 53,019.20 60,528.00 68,016.00
MO 4,418.27 5,044.00 5,668.00
BW 2,039.20 2,328.00 2,616.00
HR 25.49 29.10 32.70
M-1 YR 57,948.80 66,289.60 74,547.20
MO 4,829.07 5,524.13 6,212.27
BW 2,228.80 2,549.60 2,867.20
HR 27.86 31.87 35.84
M-2 YR 69,014.40 78,832.00 88,732.80
MO 5,751.20 6,569.33 7,394.40
BW 2,654.40 3,032.00 3,412.80
H R 33.18 37.90 42.66
M-3 YR 75,233.60 85,945.60 96,678.40
MO 6,269.47 7,162.13 8,056.53
BW 2,893.60 3,305.60 3,718.40
H R 36.17 41.32 46.48
M-4 YR 82,014.40 93,683.20 105,393.60
MO 6,834.53 7,806.93 8,782.80
BW 3,154.40 3,603.20 4,053.60
H R 39.43 45.04 50.67
M-5 YR 92,643.20 105,851.20 119,100.80
MO 7,720.27 8,820.93 9,925.07
BW 3,563.20 4,071.20 4,580.80
HR 44.54 50.89 57.26
Normal Progression Through Management Compensation Plan
The Range Adjustment shall be applied to Management employees who have achieved at least a Satisfactory performance evaluation during the
preceding year. Employees who have received a Needs Improvement performance evaluation are eligible for'/Z of the following year's range
adjustment. The Range Adjustment is effective January 1, 2010. Individual Merit adjustments will normally be made effective on an employee's
anniversary date and will vary in size, depending on the individual's performance rating and current position in the salary range in line with the
following criteria.
PERFORMANCE POSITION IN SALARY RANGE
RATING UNDER 95% MIDPOINT 95-105% OF MIDPOINT OVER 105% OF MIDPOINT
Outstanding 3.5 to 5% 1.6 to 4% 1 to 2%
Above Satisfactory 1.6 to 3.5% .5 to 1.5% .5 to 1
Satisfactory .5 to 1.5% No Merit Increase No Merit Increase
Needs Improvement No Merit Increase. Requires mandatory 6-month evaluation..
Unsatisfactory No future increases until performance improves to at least Satisfactory. Performance and
employee status subject to mandatory review every 3 months.
Passed by the City Council of the City of Richfield, Minnesota this eighth day of December 2009.
Debbie Goettel
ATTEST:
Mayor
-...
W
Nancy Gibbs City Clerk
~~-!~
MANAGEMENT POSITION CLASSIFICATION STRUCTURE
RANGE POSITION TITLES CLASS
M-L Liquor Store Manager Exempt
M-1 City Clerk Exempt
Facility/Program Manager Exempt
Supervisor Exempt
Health Administrator Exempt
M-2 Assistant Utility Superintendent
Chief Building Official
Community Development Manager
Information Technologies Manager
Public Works Operations Manager
(Streets/Forestry and Parks/Fleet)
Transportation Engineer
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
M-3 Asst. Fire Chief/Fire Marshal Exempt
Assistant to the City Manager/H.R. Manager Exempt
City Engineer. Exempt
Housing & Redevelopment Manager/ Exempt
Assistant. Community Development Director
Utilities Superintendent Exempt
M-4 Deputy Public Safety Director Exempt
Finance Manager Exempt
Liquor Operations Director Exempt
M-5 Department Director Exempt
(Rev. 12-09)
l~-f~
RESOLUTION NO.
RESOLUTION RELATING TO THE JANUARY 2010 SPECIALIZED PAY PLAN
WHEREAS, Section 310.17 of the Ordinance Code of the City of Richfield provides that
the pay grades, the number of steps or range of each pay grade, the compensation rates in
each pay grade and the method of normal progression through the pay grade be established by
Council resolution; and
WHEREAS, the City administration has prepared a 2010 pay plan for the positions for
which there are no essentially similar position classification in other regular pay plans. The City
Manager is authorized to add or reclassify positions as necessary. Examples of positions in
each pay grade are attached.
NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does
establish for the year 2010 the following pay plan which is to be effective on January 1, 2010
and subject to the provisions of the personnel rules and regulations ordinance:
2010 SPECIALIZED PAY PLAN
INTERMITTENT AND SEASONAL
Pay Grade Step 1 Step 2 Step 3 Step 4
SP1-E/NE HR 7.24 7.60 7.91 8.32
SP2-E/NE HR .7.98 8.35 8.75 9.20
SP3-E/NE HR 8.59 9.01 9.48 9.96
SP4-E/NE HR 9.29 9.77 10.25 10.75
SP5-E/NE HR 10.01 10.55 11.04 11.60
SP6-E/N E H R 10.85 11.39 11.94 12.54
SP6.1-L/NE HR - 11.73 12.30 12.92
SP7-E/NE HR 11.69 12.28 12.89 13.51
SP8-E/NE HR 12.62 13.27 13.92. 14.61
SP9-E/NE HR 13.64 14.35 15.03 15.78
SP10-E/NE HR 14.77 15.48 16.28 17.11
SP11-E/NE HR 15.87 16.72 17.55 18.41
SP12-E/NE HR 17.21 18.02 18.92 19.91
SP13-E/NE HR 18.43 19.42 20.42 21.47
fa-~ c~
Normal Progression Through the Specialized Pay Plan
Individual employees will be eligible to received increases to the next higher-grade step based
on individual performance and the following progression:
Step 1 -Start
Step 2 -One year from anniversary date
Step 3 -One year from last increase
Step 4 -One year from last increase
Passed by the City Council of the City of Richfield, Minnesota this eighth day of
December 2009.
Debbie Goettel Mayor
ATTEST:
Nancy Gibbs City Clerk
J °~ ~ l
1 E Pool Attendant/Cross Walk
E Student Intern 8 NE Adaptive Coordinator
NE Administrative Services Clerk
2 NE Clerk Typist -Int. & Substitute
NE Construction Inspector .
3 NE Bike Patrol Officer NE .Farmers Market Coordinator
NE Concession I (all sites EXCEPT Pool, NE Publication Supervisor
Vet's & Taft) NE Teen Coordinator
NE . Scorer/Timer E Maintenance Technician
NE Recreation Attendant I E Naturalist Coordinator
E Concession I (Pool, Vet's & Taft only) E Playground Coordinator
E Facility Rental Attendant E Tennis Coordinator
4 NE Arena Attendant 9 NE Community Development Tech.
NE Dance Coordinator & Skate E Special Facilities Coordinator
Coordinator (Pool, Mini Golf)
NE Recreation Attendant II (Men's Open
Gym & Sports Attendant) 10 NE Adult Sports Coordinator
E Concession II NE Engineering Aide
E Facility Cashier E Pool Supervisor
E Mini Golf Attendant
11 NE Community Relations Coordinator
5 NE Adaptive Assistant
NE Custodian 12
NE Professionallntern
NE Survey Crew Person 13 NE 911 Dispatcher
NE Winter Sports Attendant Pool Coordinator
E Warming House Attendant
Instructors
6 NE Adaptive Leader/Specialist NE Building Inspector
NE Concession III (all sites EXCEPT Pool) NE Figure Skating
NE Receptionist NE Hockey (Arena)
NE Teen Leader NE Housing & Redevelopment Tech.
E Concession III NE Sports Official
E Lifeguard NE Substitute Naturalist
E Outdoor Skating/Warming House Supv NE Dance
E Playground Leader E Cross Country Ski
E Hockey (outside)
6.1 L-NE Liquor Sales Associate E Tennis
E WSI
7 NE Accounting Clerk
NE Adaptive Program Supervisor OTHER
NE Building Attendent Instructor's Range: $5.75 - $50
NE Concession Supervisor (all sites Election Judge $9.00
EXCEPT Pool) Election Co-Chair $9.50
NE Construction Specialist Election Chairperson $10.00
NE Housing Intern
NE Maintenance Laborer NE=Non-Exempt, may work up to 40 hours per
NE Naturalist I week without overtime pay.
NE Video Production Assistant E-Exempt may work up to 48 hours per week
NE Zamboni Operator without overtime pay.
E Mini Golf Supervisor All Pool positions are exempt from overtime, even Concessions.
All Playground and outdoor Rink positions are exempt.
E ConCeSSIOn SUpervlSOr All Community Center, Wood Lake Nature Center, Ice Arena and
NE POOI Night Watch :Maintenance positions are non-exempt.
(Revised 12-09)
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 13
REPORT # 269
~- STAFF REPORT
CITY COUNCIL MEETING
DECEMBER 8, 2009
REPORT PREPARED BY: _ CORRINE HEINE, CITY ATTORNEY
NAME,
REVIEWED BY CITY
I~ A l.T A !'ITT • - Aaa
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of settlement agreement with Richfield Hotel Associates, LLP and its
more a ee
I. RECOMMENDED ACTION:
By Motion: Authorize-the City Attorney to execute a stipulation of
settlement regarding the taking from the Ramada Inn property in
connection with the Lyndale Avenue Bridge project, consistent with
the terms described in the staff report
II. BACKGROUND
In cooperation with the Minnesota Department of Transportation and the City of
Bloomington, the City participated in the project to reconstruct the Lyndale Avenue
Bridge over I-494. The City was responsible for acquisition of land rights on the
Richfield side of the project and was able to negotiate agreements with most of the
affected property owners. The City was unable to reach agreements with two
property owners and filed condemnation in 2008 to acquire those real estate
interests.
The court-appointed condemnation commissioners held hearings in August related
to the taking from. the Ramada Inn parcel. In October, the commissioners filed an
award of $1,355,000, including appraisal fees. Under state law, the City is also
responsible for the owners' attorney fees, expert witness fees and costs in
connection with the condemnation action. The City and both the owner and
mortgagee of the Ramada Inn parcel filed appeals from that award.
1208stipulation
Appeals involve substantial cost in legal and expert witness fees, as well as risks of
an adverse decision. The owners have agreed to dismiss their appeals and to
provide concessions to the City regarding the interest rate and timing for payments
of damages and attorneys fees.
The precise terms of the stipulation have not been finalized because of
disagreement between the owner and mortgagee as to the method of making
payment. The essential terms of the agreement include the following:
^ The City owes a balance of .$1,106,000 on the award. It will pay $333,300,
plus accrued interest, within 30 days and will have up to 12 months to pay
the remaining balance, with interest.
^ Interest on the award will be calculated at the simple rate of 4% per annum.
^ The City will reimburse appraisal and witness fees and costs, in the amount
of $42,484.53, within 30 days.
^ The City will reimburse attorney fees in the amount of $2.85,000 over 24
months, at zero interest.
^ All parties will dismiss their appeals.
^ The property owners waive any claim for damages due to loss of access to
78tH Street.
^ The method of payment of the award may be by check issued solely to the
mortgagee, jointly to the owner and mortgagee or to the district court. The
method of payment of the attorneys fees may be by check to the owner's
attorney.
III.. BASIS OF RECOMMENDATION
A. POLICY
• The City prefers to acquire properties by negotiated agreement when
possible and to avoid expensive and lengthy litigation.
B. CRITICAL ISSUES
• The negotiated settlement avoids the expense of litigation and
provides certainty for purposes of financial planning.
• The settlement provides the City flexibility in making payments on the
award. Without the settlement, the City would be required to pay 75%
of the award upon request, and the balance upon completion of the
litigation.
C. FINANCIAL
• The settlement provides flexibility in making payments on the award.
• The City will use available federal monies from the project and, for any
remaining balance, will borrow against future Minnesota State Aid
funds to make payments.
D. LEGAL
• The City Attorney has advised the City staff and council regarding the
proposed settlement.
E. ENVIlZONMENTAL CONSIDERATIONS `
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Do not approve the settlement. The City may proceed with its appeal, which
will involve additional legal costs and risks.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None