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07-11-1983CITY OF RICHFIELD REGULAR. CITY COUNCIL MEETING July 11, 1983 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, July 11, 1983 at 7:00 p.m. Mayor John Hamilton called the meeting to order at 7:04 p.m. Present: Bunce, Ludeman, Priebe, Hamilton Absent: Hassenstab (Attending Professional Engineers meeting in Dayton, Ohio) Kirsch (On vacation) 1. Approval of Minutes Motion by Bunce, seconded by Priebe to approve the minutes of the regularly scheduled city council meeting of June 27, 1983. All ayes - Carried. Absent - Hassenstab, Kirsch. 2. Donation to the Fire Rescue Division by the American Legion George Ashwood and Lee Hathaway, members of the Richfield American Legion, presented the Fire Division Rescue Squad two boards far use in transportation of victims with back and neck injuries. Captain Iverson accepted the donation and expressed the thanks and gratitude of the Fire Division. 3. Council Approval of Agenda Council Member Ludeman requested that Item ~~12A, "Purchase in Excess of $2,650", relating to the purchase of a microcomputer for the Public Safety Division be removed from the Consent Calendar for discussion. Motion by Ludeman, seconded by Priebe to approve the agenda as amended. All ayes - Carried. Absent - Hassenstab, Kirsch. 4. Public Hearing, $4,750,000 Commercial Development Revenue Bonds, Richfield Shoppe Developers Acting City Manager Tom Morgan opened the public hearing relating to issuance of $4,750,000 in commercial development revenue bonds for Richfield Shoppes Project, as explained in Council Letter No. 254. He indicated the city is not a participant Council Meeting Minutes -2- July 11, 1983 in this project, but will act as a facilitator between two private developers. Community Development Director Dennis Kraft described negotiations as being well under way for this redevelopment which will encompass the area located on the east side of Nicollet Avenue between 65th Street and 66th Street and the former Red Owl building located at the southeast quadrant of 66th and Nicollet. Mr. Johnstone, of the Richfield Doctors Building Properties, stated he has not officially put his building up for sale and that he would appreciate local owners taking charge of this property. He asked if Richfield should get involved with helping a private developer acquire this land. Mr. Ward Anderson, attorney representing the owner of Hub Dairy Queen and Jackie Ann Hairstylists, said preliminary negotiations have been conducted between the developers and himself; that the developers have offered 57 percent of what the bonding proposal cites as the value of that same site. He cited various costs and concerns of the prospectus and inferred that there is a potential of the city initiating eminent domain proceedings. City Attorney Clayton LeFevere mentioned that property is not always acquired when projects go forward and that the question of eminent domain is totally unresolved at this time and there is no cause to make that decision at this time. Steve Sawitzke, 7433 Clinton, expressed the concern that what is happening in one part of the city can occur in another part as well. He said he was opposed to private developers requesting city supported funds/bonds to obtain funding. City Attorney LeFevere indicated the city does wish for a renewal of this area and that the city is lending its name to the financing, not its credit; that it enables the developer to obtain more favorable financing. Lawrence Wozniczka, 6744 Wentworth, said that the majority of funds will go toward property acquisition and he wished to publicly go on record as opposing this project as it will not substantially add to the area as it is now. Council Meeting Minutes -3- July 11, 1983 Mr. Charles DuFrense, of Lincoln Development Services Corporation, the developer of this proposed project, stated funds will be used to acquire property and to upgrade exteriors of the buildings, that the individual tenants will upgrade the interiors. Motion by Bunce, seconded by Priebe to close the hearing. Poll of votes: Ayes - Bunce, Priebe, Hamilton. Nays - Ludeman. Absent - Hassenstab, Kirsch. Carried. Mr. DuFrense said they are doing very little structural work, hence only $5,000 is anticipated for architectural costs. Councilmember Ludeman indicated he felt this figure was low. City Attorney LeFevere said the whole project is contingent upon execution of a mutually satisfactory developers agreement. Councilmember Ludeman said he was concerned about driving out local business people and he will not see Richfield involved in an eminent domain process. He asked if this will be similar to the 76th and Lyndale project. Councilmember Priebe stated it was his hope that property values would increase subsequent to development, hence greater property tax revenues for the city. Mayor Hamilton indicated a need for more information now and suggested tabeling this item until negotiations proceed further. Motion by Ludeman, seconded by Bunce to table this item until July 25, 1983. Poll of votes: Ayes - Bunce, Ludeman, Hamilton. Nays - Priebe. Absent - Hassenstab, Kirsch. Carried. 5. Request for Variance to the Zoning Ordinance, 6726 Humboldt Acting City Manager Morgan reviewed the request for variance of Maynard and Beatrice Olson, who have requested a variance to enable addition of a green- house to the south side of their home. Council Meeting Minutes -4- July 11, 1983 Mr. Maynard Olson, the applicant, appeared in support of his request and showed photos of the prefabricated greehouse. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Absent - Hassenstab and Kirsch. Motion by Ludeman, seconded by Priebe to grant this variance. All ayes - Carried. Absent - Hassenstab, Kirsch. 6. Request for Variance to the Zoning Ordinance, 7145 10th Avenue Acting City Manager Morgan reviewed the request for variance to reduce the required street side sideyard setback of a detached. garage from 15 feet to 3 feet of Leora and Mark Reimers, 7145 10th Avenue. The applicant has removed a single garage and wishes to replace it with a double garage. Mr. Morgan reviewed the staff recommendation for denial of this variance and the planning commission's lack of a recommendation. Mark Reimers, son of the applicant, appeared in support of this request for variance. Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Absent - Hassenstab and Kirsch. Motion by Priebe, seconded by Ludeman to grant this variance to the street side sideyard setback. All ayes - Carried. Absent - Hassenstab, Kirsch. 7. Ordinance Amendment Relatin to Cable Television Franchising Ordinance. First Reading. Acting City Manager Morgan presented an ordinance amendment relating to the cable television franchising ordinance. He indicated that, after recent publication of this ordinance, it has been learned that the amendment has been modified further by other cities. He said passage of this revision will keep Richfield's franchise consistent with those of the other four cities. Council Meeting Minutes -5- July 11, 1983 Bill 1983-20; "An Ordinance Amending Ordinance No. 1980-33 Setting Forth A Description of the Facilities to be Provided by Grantee; Modifying the Initial Service Area; Amending the Line Extension Policy of Grantee' Prescribing Instal- lations Charges as Set Forth Herein; and Amending the Exhibits", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-207) Motion by Bunce, seconded by Ludeman that this constitute a first reading of Bill 1983-20; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for July 25, 1983. Poll of votes: Ayes - Bunce, Ludeman, Priebe, Hamilton. Nays - None. Absent - Hassenstab, Kirsch. Carried. 8. Ordinance Amendment Relating to the Street Side Side and Setback Zoning Requirements. First Readin . Acting City Manager Morgan reviewed a proposed ordinance amendment concerning street side sideyard setbacks in residential districts. This amend- ment would allow expansions on homes to occur without the need for variance when the expansion would be no closer to the street than the existing building. Motion by Bunce, seconded by Priebe to close the hearing. All ayes - Carried. Absent - Hassenstab, Kirsch. Bill 1983-21, "Amendment to Chapter III, Part IV of the Ordinance Code of the City of Richfield", relating to use regulations for Residence Streets (R), was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-208) Motion by Bunce, seconded by Priebe that this constitute a first reading of Bill 1983-21; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for July 25, 1983. Poll of votes: Ayes - Bunce, Ludeman, Priebe, Hamilton. Nays - None. Absent - Hassenstab, Kirsch. Carried. Council Meeting Minutes -6- July 11, 1983 9. Approval of Minutes, Tabulation of Bids, Award of Contract and Approval of Change Order, 1983 Street Sealcoating Proiect Acting City Manager Morgan advised the council that Buffalo Bituminous, Inc. had presented the low bid for the 1983 street Sealcoating project. He also noted that, since the bid was considerably below cost estimates, it was recom- mended that the council authorize a change order to increase the contract by an additional 20 percent, which is the amount allowed by Minnesota State Law. Motion by Ludeman, seconded by Bunce that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6782 RESOLUTION ACCEPTING BID FOR 1983 SEAL COATING PROJECT (BUFFALO BITUMINOUS, INC.) Poll of votes: Ayes - Bunce, Ludeman, Priebe, Hamilton. Nays - None. Absent - Hassenstab, Kirsch. Carried. This resolution appears as Resolution No. 6782 in Resolution Book No. 50. Motion by Ludeman, seconded by Bunce to authorize the acting city manager and city staff to initiate a change order addition to this contract of up to 20 percent, as allowed by State Law. All ayes - Carried. Absent - Hassenstab, Kirsch. 10. Request to Refer Charter Amendment on Biddin Procedures to Charter Commission Acting City Manager Morgan apprised the council of recent legislative amend- ments to Minnesota Statutes relating to dollar amounts of contracts subject to the open bidding law. As stated in Council Letter No. 248, the new statute increases the amount of contracts that must use the sealed bidding process from $10,000 to $15,000, increases the estimated contract amount that may use the sealed bidding process or direct quotations from $10,000 to $15,000, and amends the contract amounts requiring quotations only from $5,000 to less than $10,000. Council Meeting Minutes -7- July 11, 1983 He stated this could foster buying goods and services from local businesses. The Acting City Manager recommended this proposal be referred to the Charter Commission for review and consideration. Motion by Ludeman, seconded by Priebe to refer this legislation to the Charter Commission for review and consideration of a Charter Amendment which would bring the City Charter into conformance with the state statutes. All ayes - Carried. Absent - Hassenstab, Kirsch. 11. Council Choice Councilmember Bunce requested information on the status of Don-Von Electric since the owner is retiring and if he intends to run his business out of his home he will require a special use permit for home occupation. The Acting City Manager responded that he will keep Mr. Bunce. advised. 12. Purchases in Excess of $2,650 Freestanding microcomputer unit for Public Safety area Councilmember Ludeman asked questions about this computer service and asked how will it benefit the Public Safety operation. Mr. Morgan cited a recent instance where a computer reconstructed a case and said it would be a dynamic asset in handling police and fire cases, since our main frame can not always be available to Public Safety. Mr. Morgan recommended the council approve a purchase from Hagen Office Equipment, Inc., for a total amount of $4,854. While this was not the low bid by $52, it does include extensive training for Public Safety personnel in the use of this equipment and Hagen will provide on-site service to the equipment during the warranty period. Motion by Ludeman, seconded by Priebe to approve the purchase of a free- standing microcomputer unit from Hagen Office Equipment, Inc., in the amount of $4,854. A11 ayes - Carried. Absent - Hassenstab, Kirsch. Council Meeting Minutes -8- July 11, 1983 13. Consent Calendar A. Resolution for Joint Purchasing of Fire Protection Equipment RESOLUTION N0. 6783 RESOLUTION AUTHORIZING JOINT AND COOPERATIVE PURCHASE OF FIRE- FIGHTING EQUIPMENT BY THE SEVEN COUNTY FIRE DEPARTMENT JOINT POWERS PURCHASING CONSORTIUM B. Resolution Ordering Preparation of Assessment Rolls for 1983 Alley Maintenance Pro ect RESOLUTION N0. 6784 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR ALLEY MAINTENANCE AND SNOWPLOWING - C.P. 771 C. Resolution Ordering Preparation of Assessment Rolls for 1983 L/H/N Maintenance Project RESOLUTION N0. 6785 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR L/H/N MAINTENANCE All ayes - Carried. Absent - Hassenstab, Kirsch. 14. Claims and Payrolls Motion by Ludeman, seconded by Bunce that the following claims and payrolls be approved; RICHFIELD BANK & TRUST Checks 3782/64943 $843,216.30 SUMMIT STATE BANK Checks 65351/65373 General $924,139.96 Checks 25801/26229 Payroll 259,947.42 All ayes - Carried. Absent - Hassenstab, Kirsch. Council Meeting Minutes -9- 15. Adjournment Motion by Ludeman, seconded by Bunce that the meeting adjourn. All ayes- - Carried. Time: 9:00 p.m. Absent - Hassens~y~b, Kirsch. July 11, 1983 Mayor s A. Morgan, Jr.VActin~ City Manager 1