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10-13-97 agenda• CITY OF RICHFIELD, MINNESOTA MONDAY, OCTOBER 13, 1997 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF THE (1) SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 22, 1997; (2) REGULAR CITY COUNCIL MEETING OF SEPTEMBER 22, 1997; AND (3) REGULAR CITY COUNCIL STUDY SESSION OF OCTOBER 6, 1997 PRESENTATION INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD.. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 2. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 3. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL 1N 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 APPROVING SPECIAL LAW REGARDING ISSUANCE OF BONDS FOR JOINT POWERS PUBLIC SAFETY TRAINING FACILITY C.L. 251 B. CONSIDERATION OF APPROVAL OF EXTENSION OF SERVICE CONTRACT WITH AUDITING FIRM DELOITTE & TOUCHE LLP FOR CITY AND HRA FINANCIAL STATEMENTS FOR ONE YEAR PERIOD COMMENCING WITH 1997 FINANCIALS C.L. 252 C. CONSIDERATION OF APPROVAL OF PUBLIC DANCE LICENSE FOR EL PULSO DE LA VIDA AT ST. PETER'S CATHOLIC CHURCH, 6730 NICOLLET AVENUE, FOR OCTOBER 18 THROUGH DECEMBER 20, 1997 C.L. 253 PUBLIC HEARING 4. PUBLIC HEARING. AND CONSIDERATION OF RESOLUTION GRANTING PRELIMINARY AND FINAL APPROVAL OF SUBDIVISION FOR CARLSON REAL ESTATE, CO.; SOUTHDALE SQUARE COUNCIL LETTER NO. 254 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 5. COUNCIL CONFIRMATION OF MAYOR'S APPOINTMENT OF HOUSING AND REDEVELOPMENT AUTHORITY COMMISSIONER FOR TERM WHICH EXPIRES IN OCTOBER 2002 COUNCIL LETTER NO. 255 AIRPORT BUSINESS 6. AIRPORT STATUS REPORT CORRESPONDENCE 7. LEGISLATIVE REPORT COUNCIL CHOICE 8. COUNCIL DISCUSSION ITEMS 9. CLAIMS AND PAYROLLS 10. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861-9702. 5 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 255 Agenda October 13, 1997 Issue Statement: Council confirmation of Mayor's appointment of Housing and Redevelopment Authority Commissioner. . Background: The term of HRA Commissioner Tom Harms will expire in October 1997. Commission Harms was appointed to the HRA in 1980. Under state law, the Mayor appoints HRA Commissioners subject. to confirmation of the City Council. The Mayor has indicated he will make an appointment to the HRA for a five year term at the October 13, 1997 Council meeting. Recommended Motion: Confirm the Mayor's appointment of a Commissioner to the Housing and Redevelopment Authority for a five year term which will expire in October 2002 Basis of Recommendation: An appointment needs to be made for a term which expires in October 2002. Alternative Recommendation: Continue the appointment to a future Council meeting. Discussion/Decision Mode: This item has been scheduled for the October 13, 1.997 Council meeting so the appointment can be made to ensure a full complement of member on the Housing and Redevelopment Authority. Respectful y submitted, Jam .Prosser City Manager JDP:cak • CITY OF RICHFIELD, MINNESOTA • Council Letter No. 254 Agenda .October 13, 1997 Issue Statement: Public hearing and consideration of resolution granting approval of the preliminary and final plat of Southdale Square. Background: Carlson Real Estate Company is requesting approval of the preliminary and final plat of Southdale Square. In April 1997 the City Council approved a conditional use permit to allow construction of a Tires Plus and Einstein Bagels store as an outlot building in the center. The new building crosses the existing tot line that was established for the former Pannekoeken building. As a condition of approval, the City is requiring that the owner reconfigure the lot lines by replatting the property. At the time of City Council approval of the conditional use permit, Carlson agreed to conduct a study of overall traffic and access to the shopping center. Carlson is currently reviewing bids from transportation consultants who would analyze the traffic and access issues. This summer staff met with representatives from Carlson and from Richfield Bank & Trust to discuss the possibilities of vacating Xerxes Avenue between the two properties. Recommended Motion: Conduct the public hearing and adopt a resolution approving the preliminary and final plat of Southdale Square. Basis of Recommendation: 1. Filing of the plat is required for the conditional use permit approved-for Tires Plus and Einstein Bagels. 2. The construction of the Tires Plus/Einstein Bagels building requires that new lot lines be established. 3. It is necessary in the case of the shopping center to establish three lots for the three buildings. The City's Zoning Ordinance limits the number of principal buildings to one per lot. 4. The plats have been reviewed and approved by Hennepin County. 5. Notice of the public hearing was published in the Sun-Current. Alternative Recommendation: Approve the preliminary and final plats for Southdale Square with revisions. Discussion/Decision Mode: A public hearing is scheduled for 7:00 p.m. on Monday, October 13, 1997. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Respec ly submitted, James .Prosser City anager JDP:cak y-I RESOLUTION NO. RESOLUTION GRANTING PRELIMINARY AND FINAL APPROVAL OF A SUBDIVISION FOR CARLSON REAL ESTATE CO. WHEREAS, Carlson Real Estate Co. has requested preliminary and final approval to combine and subdivide several tracts of land located generally east of Vincent Avenue, west of Xerxes Avenue, north of 66th Street and south of 65th Street in the City of Richfield; and WHEREAS, the proposed subdivision is to be known as SOUTHDALE SQUARE; and WHEREAS, Hennepin County has reviewed and approved the plat pursuant to Minnesota Statutes Section 505:03, Subdivision 2; and WHEREAS, a public hearing on the proposed plat of SOUTHDALE SQUARE was held on October 13, 1997, at which all interested persons were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the. City of Richfield, as follows: 1. The proposed plat of SOUTHDALE SQUARE satisfies the requirements of the City's subdivision ordinances. 2. Preliminary and final approval is granted to the Applicant for the plat of SOUTHDALE SQUARE, subject to the terms of this resolution. 3. This resolution shall be null and void unless within the time limit required by Subsection 500.29, Subsection 500.29, subdivision 3 of the Richfield City Code, the Applicant files the final plat with the Hennepin County Recorder or Registrar of Titles, as maybe appropriate. Adopted by the City Council of the City of Richfield this 13th day of October, 1997. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk n C ~C ~r ~, ^AS.,., tr lc 111 • .... N aJ0'OS'W °E/~~ l ~- u XERXES AVENUE SOUTH n aJO•osw Nmll, 1 <al UI ~ IJB.20 1i'~' 39J.JJ JO JO ~ .~i?I mm I ~;/ / 1'P ~ ;N? ~z.k \ N ~c e~ I~ ~ 9 z „ o •a t .I y Gye 8 ~ 9 :~ , I JJ I `] ~~ ~ G0 y ~ d :$ I ~ ~3 l) G` a ~\ ~, 9y 0.TM / S N m y I ;~ S' h• III ~g / I ri 9a 1 0 t1 ~j ; _ `'i 1 / I I i DI -u~ I I t~ I ~ ; ~ i I~j I ~ I ~ a 11 §~ ~ Gi `o' .~ ~ I [~ i mn cl a .7.]Ef.'L['hh'.: ['E. 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L c Z I F = d,c ~ ~ ~ ~ _ n - _ c _ _ ~ ' ~ - ff _ - - - r - - _ _ - _ _ - I a - r • ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 253 Agenda October 13, 1997 Issue Statement• Request for a public dance license for EI Pulso De La Vida, 1145 Lilac Circle, Victoria, Minnesota, to be located at St. Peter's Catholic Church, 6730 Nicollet Avenue, for the time period of October 18 through December 20, 1997. Background: The applicant, Thomas William Bright, submitted an application on September 26, 1997 for a public dance license. These dances are scheduled for October 18, November 1, 8, 15, 22 and 29, and December 6, 13 and 20. They are scheduled to begin at 8 p.m. and end promptly at 1 a.m. Dancing is done to a disc jockey and is the only activity taking place. The applicant has a signed lease agreement with St. Peter's Catholic Church for the dances to be held at their location. Staff has had several conversations with the owner of the establishment and has reviewed all requirements with him thoroughly. There will be no alcohol of any kind served to anyone or available during these dances. The owner has contacted Public Safety and made arrangements for a police officer to be present at all public dances with the cost being incurred by the owner. Arrangements will be made for an officer to be present for each evening's activities. There have been two minor disturbance calls at prior dances. No .reports were taken. Recommended Motion: Staff recommends approval of a public dance license for EI Pulso De La Vida, 1145 Lilac Circle, Victoria, Minnesota, to be located at St. Peter's Catholic Church, 6730 Nicollet Avenue, for the time period of October 18 through December 20, 1997. Basis of Recommendation: 1. The owner has submitted the required information and paid the fees. 2. The owner has had several discussions with Public Safety staff and has agreed to all the requirements of the public dance ordinance. 3. There have been two minor disturbance calls at prior dances. Alternative Recommendation: 1. The Council could decide not to approve the public dance license which would mean that no dancing could take place on the premises. DiscussionlDecision Mode: The request for a public dance license is presented to Council for their consideration at this time. Respec ully submitted, Jame D. Prosser • City Manager JDP:cak ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 252 Agenda October 13, 1997 Issue Statement: Extension of the service contract with the auditing firm Deloitte &Touche LLP for the City and HRA financial statements for a one year period commencing with the 1997 financials. Background: In 1992, the City solicited proposals for auditing services.. The result of that process was the selection of the auditing from Deloitte &Touche LLP for a five year period. That five year period ended with the audit of the 1996 financials. Deloitte &Touche LLP has notified the City that it would like to continue to provide audit service to the City for the 1997 financials. The fee for their services would remain the same as the .previous year. Recommended Motion: It is recommended that the City Council appoint the firm of Deloitte &Touche LLP as the City's auditors for one year, for the financial reporting of the fiscal year 1997, and to authorize the City Manager and Mayor to execute an agreement for such services. Basis for Recommendation: 1. The price submitted by Deloitte &Touche LLP for the audit of the City's 1997 financial report is the same as the price for the previous year. 2. The Deloitte &Touche LLP firm audits a large number of municipalities in the Twin City area and of the municipalities audited, they consistently receive the GFOA certificate. 3. Deloitte &Touche LLP has provided the City of Richfield with quality auditing services and technical expertise in a variety of specialty areas over the past several years. 4. Deloitte &Touche LLP has moved the audit fieldwork date up two weeks at the request of staff. 5. The agreement with the auditing firm will provide that the City may cancel the services of the auditor with appropriate notice. Alternative Recommendation: If the City Council is not comfortable with continuing with the same auditing firm that has audited the City for the past several years, the City Council can direct staff to seek • proposals from other auditing firms. ,~~-1 DiscussionlDecision Mode: It would be desirable to make a decision about an audit firm at the October 13, 1997 City Council meeting to ensure adequate .time for the preaudit activities to begin in order to complete the audit on a normal time schedule. Respectfully submitted, Jam D. Prosser City Manager JDP:cak • • CITY OF RICHFIELD, MINNESOTA ~' Council Letter No. 251 Agenda October 13, 1997 Issue Statement: Consideration of resolution approving state statute providing bonding authority for joint training facility. Background: During the past year, the cities of Bloomington, Chanhassen, Eden Prairie, Edina and Richfield and the Metropolitan Airports Commission (MAC) have explored the possibility of jointly constructing a Public Safety training facility. In an effort to help finance the cost of such a combined facility, legislation was sought which would allow the cities to authorize general obligation bonding authority without the need for a referendum vote. In the last legislative session, each of the five cities was given statutory authority to issue up to $1,000,000 of general obligation bonds .for the construction of a joint public safety training facility without the -need of seeking voter approval. While the special law was passed for the cities during the last legislative session, the law does not become effective until each city takes individual action to approve the special law. This approval must take place before the first day of the new legislative session. Approving the special legislation by resolution does not obligate the City with respect to issuing the bonded debt. All the approval would accomplish is to make the availability of such a bonding authority for the City of Richfield. effective. The issue under consideration is a resolution formally approving the law. Recommended Motion: Adopt the attached resolution approving special law regarding the issuance of $1,000,000 general obligation bonding authority for the construction of a joint public safety training facility. Basis of Recommendation: 1. The potential construction of a joint public safety training facility including all of the cities and the MAC would be a benefit to each city which could not be achieved by any single entity seeking to construct such a facility. 2. The financing necessary to construct this proposed joint training facility requires a .number of funding options available to each city. One such option would be bonded debt. 3. The special law that was passed in the last legislative session gives authority to issue general obligation debt for the proposed joint training facility without referendum approval. 3~- ~ 4. In order for the City of Richfield to avail itself of this option sometime in the future, the City must now take action now to approve the special law. 5. By approving the special law at this time, the City of Richfield is under no obligation to issue the bonds now or anytime in the future. The consideration of the issuance of the bonds would be a separate consideration that the City Council may wish to address sometime in the future. Alternative Recommendation: 1. The City Council could decide not to approve the special law. However, once the 1998 legislative session has begun, the City would lose their option for using this bonding authority to finance a joint public safety facility in the future. 2. The City Council could postpone consideration of this item to a future meeting. Discussion/Decision Mode: It is important for the City of Richfield to act on this matter in a timely fashion if it wishes to consider the potential of issuing such bonds for a joint public safety training facility in the future. Action must be taken by the City sometime before the-end of 1997 to ensure that this option is available to the City. Respectful) submitted, Jam .Prosser City Manager JDP:ds • ~~~ RESOLUTION NO. RESOLUTION APPROVING SPECIAL LAW REGARDING ISSUANCE OF BONDS FOR JOINT POWERS PUBLIC SAFETY TRAINING FACILITY WHEREAS, the 1997 Minnesota Legislature enacted a special law, Laws of Minnesota 1997, Chapter 231, Article 16, Section 22 (the "Special Law") providing that the City of Richfield (the "City") may issue up to $1,000,000 in bonds for the purpose of acquiring, constructing and equipping a public safety training facility to be jointly operated by a joint powers association consisting of the City and at least one of the cities of Bloomington, Chanhassen, Eden Prairie, Edina and Minnetonka; and WHEREAS, pursuant to Minnesota Statutes, Section 645.021, the Special Law is not effective without a resolution adopted by majority vote of all members of the City and by filing with the Secretary of State a certificate required by statute; and WHEREAS, subdivision 3 of the Special Law specifically provides that the City must approve the Special Law pursuant to Minnesota Statutes, Section 645.021 before the Special Law is effective; and WHEREAS, the City deems-the Special Law to be in and for the best interests of the residents of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: The Special Law is approved by the City as required by Minnesota Statutes, Section 645.021.. 2. The City Clerk is authorized and directed to file with the Secretary of State a certificate stating the essential facts necessary for valid approval, including a copy of the resolution of approval by the City Council. The form of this certificate shall be consistent with that prescribed by the Attorney General for this purpose. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of October, 1997. Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk