07-25-1983
CITY OF RICHFIELD
REGULAR CITY COUNCIL MEETING
July 25, 1983
The City Council of the City of Richfield met in regular session in the
council chambers of the city hall on Monday, July 25, 1983 at 7:00 p.m.
The meeting was called to order by Mayor John Hamilton.
Present: Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton
1. Approval of Minutes of Continued Council Meeting of June 29, 1983 and
Regular Council Meeting of July 11, 1983
Councilmember Kirsch asked that the minutes of the July 11, 1983 meeting
be amended to state that his absence was due to being on vacation.
Motion by Bunce, seconded by Ludeman to approve the minutes of the
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continued meeting of June 29, 1983 and the minutes of the regular meeting of
July 11, 1983 as amended.
A11 ayes - Carried.
Z. Council Approval of Agenda
Councilmember Ludeman requested removal from the Consent Calendar of
Item 11D, "Amendment to Transitory Ordinance 16.87 Relating to Vacation of Lake
Shore Drive, and Setting Date of Hearing", and 11C, "Request for Approval of
Amendment of Final Development Plan, Hauser/Snyder/Hub Area"; at the request of
Mr. Wozniczka, for general discussion.
Motion by Hassenstab, seconded by Kirsch to approve the agenda, as amended.
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A11 ayes - Carried.
3. Request for Approval of $4,750,000 Commercial Development Revenue Bonds
for Richfield Shoppe Development Proiect East Side Nicollet Avenue
Between 65th and 66th Street, Red Owl Building
Acting City Manager Tam Morgan reviewed the proposal to issue Commercial
Development Revenue Bonds in the amount of $4,750,000 to provide for redevelopment
of the commercial area located on the east side of Nicollet Avenue between 65th
Council Meeting Minutes -2- July 25, 1983
and 66th Streets and the Red Owl building on the corner of b6th and Nicollet.
Mr. Charles DuFrense, of Lincoln Development Services Corporation,
developers of the Richfield Shoppes Development Project, described renovations
to be included in this proposal. He mentioned negotiations he has had with Mr.
Johnstone of Richfield Pharmacy.
Mr. Ward Anderson, attorney representing Mr. Dahl, owner of the Dairy Queen
and Jackie Ann Hair Salon, said he and his client have not seen any good faith
proposals as of yet and that the whole project is based on assumptions. City
Attorney LeFevere stated that the city cannot bargain away city powers; that if
private negotiations fail, the HRA may choose to become involved.
Lawrence Wozniczka, 6744 Wentworth, asked if the tenant for the Red Owl site
will be permanent or seasonal. Mr. Morgan stated the intent of the project is to
provide for permanent tenants. Mr. Wozniczka expressed his opposition to this typ
of financing.
Motion by Bunce, seconded by Hassenstab to close the hearing.
All ayes - Carried.
Attorney LeFevere clarified the ,concept of commercial development revenue
bonds, saying city taxpayers do not pay back the bond - the revenues from the
project pay off the bonds. The bonds are issued in the name of the city, however,
it does not involve the credit of the city.
Counciimember Ludeman indicated his concern about keeping local businesses
in our area and concern for the amount of the bonds. He said he feels this is
excessive and it will seriously influence his vote if eminent domain occurs.
Motion by Priebe, seconded by Hassenstab that the following resolution be
adopted; that it be spread in the resolution book and that it be made a part of
these minutes:
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Council Meeting Minutes
July 25, 1983
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RESOLUTION N0. 6786
RESOLUTION GIVING PRELIMINARY APPROVAL TO A
PROJECT UNDER THE MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT; REFERRING THE PROPOSAL TO
THE DEPARTMENT OF ENERGY, PLANNING AND DEVELOPMENT
FOR APPROVAL; AND AUTHORIZING EXECUTION OF A MEMORANDUM
OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS
(RICHFIELD SHOPPES)
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton.
Nays - None. Carried. This resolution appears a.s Resolution No. 6786 in Resolution
Book No. 50.
4. Request for Rezoning, 920 West 66th Street for Denial Office. Second Reading.
Acting City Manager Morgan presented the request for rezoning of 910 West
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66th Street from R (Residential) to C-1 (Limited Business) to allow converting
an existing property into a dental office.
Community Development Director Kraft used visual aids to illustrate the
specific details and impact of this proposal. He reviewed the planning commission
deliberations and their 7-1 vote against this rezoning.
Attorney Peter Beck, representing Dr. Elasky, the applicant, said this parcel
is not appropriate for residential use, that it would be best used as a buffer. He
indicated his client, Dr. Elasky, has endeavored to keep the neighbors involved
and informed and that they support this project.
Jean Stormen, architect for this proposed remodeling, described the site plan.
Dr. David Elasky, 7001 Nicollet, spoke in support of his proposal. He noted
he has practiced dentistry in Richfield for twelve years and 90 percent of his
clientele are Richfield residents. He employs five or six people.
Greg Corbett, 6505 Newton, said the dentist office on 66th Street at Oliver
has not created any problem in the residential area.
The following persons spoke in support of this rezoning:
Council Meeting Minutes -4- July 25, 1983
Earl Orf, 921 W. 66th Street
Diane Hestwood, 923 W. 66th Street
Sgeaking in opposition to this rezoning were:
Mrs. Edwin Burkhardt, 921 Rae Drive
James Howard, 915 Rae Drive
Lois Pafiolia, 7538 Columbus
Eldon C. Miller, 6629 Lynwood Boulevard
Mrs. Betty Carr, 6604 Lynwood Boulevard
Motion by Hassenstab, seconded by Bunce to close the hearing.
All ayes - Carried.
Bill 1983-16, "Amendment to Appendix C of the Ordinance Code of the City of
Richfield, Minnesota", was read and reviewed by City Attorney Clayton LeFevere,
the same being on file in the office of the city clerk. (C-202)
Motion by Bunce, seconded by Ludeman that this constitute a second reading
of Bill 1983-16; that it be published in the official newspaper and that it be
made a part of these minutes:
Po11 of votes: Ayes - Bunce, Kirsch, Ludeman. Nays - Hassenstab, Hamilton,
Priebe. Motion failed.
Motion by Priebe, seconded by Hassenstab to move this item be reconsidered
by the council.
All ayes - Carried.
Community Development Director Kraft outlined an HR~i proposal to obtain
the two properties adjacent to the Elasky property to be remodeled using Vo-Tech
students. The project could be funded with CDBG funds and the homes would be
sold to moderate income families.
Motion by Hassenstab, seconded by Priebe to table this item to August .22,
1983 after the next HRA meeting is held.
All ayes - Carried.
Council recessed at 9:05 p.m. and reconvened at 9:16 p.m.
Council Meeting Minutes -5- July 25, 1983
5. Transitory Ordinance Amendment Section 2.03 of the Cit Charter, Relating
to Terms of Council Members. Second Reading.
Acting City Manager Morgan reviewed the Charter Amendment Ordinance which
groposed increasing the term of office of mayor from two years to three years.
John Landers., 7432 Washburn, chairman of the charter commission, reported
on their vote of 8-2 (of 13 members) in favor of this proposal.
Councilmember Priebe stated he had not heard any persuasive arguments to
change our present system and that he would vote ''no1° on this proposal. He
urged placing this proposal on the November ballot so that the decision can be
made by the citizens at large, rather than a small group of appointed or elected
officials.
Motion by Hassenstab, seconded by Ludeman to close the hearing.
All ayes - Carried.
Bill 1983-11, Transitory Ordinance No. 17.05, Charter Amendment Ordinance
No. 15, "Charter Amendment Ordinance Relating to Terms of Office of City Council
Members Amending Section 2.03 of the Richfield City Charter", was read and reviewed
by City Attorney LeFevere, the same being on file in the office of the city clerk.
(C-197)
Motion by Hassenstab, seconded by Kirsch that this constitute a second reading
of Bill 1983-11; that it be published in the official newspaper and that it be made
a part of these minutes.
Po11 of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Priebe.
Motion failed as Charter Amendment requires unanimous approval.
6. Ordinance Amendment Concerning Street Side Sideyard Setback in Residential
Zoning Districts. Second Reading.
Acting City Manager Morgan presented an ordinance relating to street side
sideyard setbacks in Residential zoning districts for city council second reading
' consideration. He stated this proposal has advantages and disadvantages, but
Council Meeting Minutes -6- July 25, 1983
there would be danger of council losing opportunity for case by case analysis.
Lawrence Wozniczka, 6744 Wentworth, asked for clarification of a sideyard
setback. Mr. Morgan indicated the ordinance calls for. a 5 foot streetside
setback on corner homes.
Motion by Hassenstab, seconded by Priebe to close the hearing.
All ayes - Carried.
Bill 1983-2I, "Amendment to Chapter III, Part TV of the Ordinance Code of
the City of Richfield, Minnesota", was read and reviewed by City Attorney LeFevere,
the same being on file in the office of the city clerk. (C-208)
Motion by Priebe, seconded by Bunce that this constitute a second reading
of Bi11 1983-21; that it be published in the official newspaper and that it be
a part of these minutes.
Po11 of votes: Ayes - Bunce, Ludeman, Priebe, Hamilton. Nays - Hassenstab,
Kirsch. Carried.
7. Ordinance Amendment Relating to Cable TV Franchise Ordinance. Second Reading.
Acting City Manager Morgan presented an ordinance amendment relating to
Cable TV franchise for city council second reading consideration. He noted that
this new amendment is a "housekeeping" measure which changes procedural aspects
of the acceptance of franchise amendments by the cable company and the cities.
Motion by Ludeman, seconded by Bunce to close the hearing.
All ayes - Carried.
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
Installations Charges as Set Forth Herein; and Amending the Exhibits", was read
and reviewed by City Attorney LeFevere, the same being on file in the office of
the city clerk. (C-207)
Council Meeting Minutes -7- -July 25, 1983
Motion by Hassenstab, seconded by Ludeman that this constitute a second
reading of Bill 1984-20; that it be published in the official newspaper and
that it be made a part of these minutes.
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton.
Nays - None. Carried.
8. Minutes, Tabulation of Bids and Award of Contract, Water Meter Bids
Acting City Manager Morgan reviewed bids received for water meters and
related accessories. He indicated the Director of Community Services has
worked on conversion of the present meters used for the past ten months and
has toured various installations with computer capabilities, in and out of
state.
Mr. John Thom, water department superintendent, spoke in favor of the
Rockwell meter being offered by Water Products Company, of Eden Prairie.
Rod Hamblin, factory representative from Neptune, the other bidder,
said Richfield has purchased 1,800 units of his product and has received no
complaints. He asked for a delay in award of the bid.
Don Olson, a representative from Rockwell International, said his meters
are in use in other areas and are adaptable with our system, as well as future
central meter reading systems.
Motion by Kirsch, seconded by Ludeman to award the contract to Water Products
Company for the purchase of 10,750 water meters and accessory parts, two remote
recorders and accessory parts, one visual reader and accessory parts and one
data converter, compatible with the city's present computer, for a total price
of $461,675.
All ayes'- Carried.
The Neptune representative indicated his company will appeal this award
through legal channels.
Council Meeting Minutes -8- -July 25, 1983
9. Resolution Establishing Assessment District for L/H/N Maintenance for
the Period January-December, 1983, and Setting Date of Hearing
Acting City Manager Morgan reviewed a resolution relating to assessments
for current maintenance performed in the L/H/N area for the period of July 1,
through December 31, 1983. He indicated these items are extra services provided
directly to the L/H/N Redevelopment Area and not provided to the community at
large.
Motion by Ludeman, seconded by Hassenstab 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. 6787
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR
THE COSTS OF CURRENT SERVICES PROVIDED WITHIN
THE LYNDALE/HUB/NICOLLET PROJECT AREA FOR THE
PERIOD JANUARY 1, 1983 THROUGH DECEMBER 31, 1983
Poll _ of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton.
Nays - None. Carried. This resolution appears as Resolution No. 6787 in Resolution
Book No. 50.
10. Council Choice
Acting City Manager Morgan stated that Loren Law, of Loren Law and Associates,
will meet with the council the week of August 8 and discuss the city manager
selection process. Extra meetings.•are being set for a workshop on August 22, at
5:30 p.m. and August 26, and 27 are scheduled for final selection process of
city manager candidates. A special council meeting to make the final selection
of the new city manager was scheduled for 2:00 p.m. on Saturday, August 27, 1983.
Councilmember Kirsch talked about uncut grass and the shabby appearance
of places owned by absentee landlords.
Councilmember Priebe asked about the cleanup after the storm of lasz~a~ek.
Council Meeting Minutes
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July 25, 1983
He said branches are still down in his end of town, near the intersection.of
Bloomington and Diagonal Boulevard. The acting city manager indicated this
cleanup will be continued the rest of the summer along with the. regular trimming
schedule.
11. Amendment to Transitory Ordinance 16.87 Relating to Vacation of Lake Shore
Drive, and Setting Date of Hearing
Councilmember Ludeman indicated he would like to see a map of this area.
Community Development Director Kraft said he will supply Mr. Ludeman with a copy.
Bill 1983-22
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Transitory Ordinance No. 17.07, Amendment
to Transitory Ordinance No. 16.87, A
Transitory Ordinance for the Vacation of A
Portion of Lake Shore Drive.
12. Request for Approval of Amendment of Final Development Plan, Hauser/
Snyder/Hub Area
Lawrence Wozniczka, 6744 Wentworth, expressed his objections to allowing
a 2.5 foot decrease in setback on 65th Street without a public hearing. The
acting city manager indicated this is only a plan amendment, not a change in
zoning requirement.
Motion by Ludeman, seconded by Hassenstab to approve a 37.5 foot setback
rather than the 40 foot setback indicated on the site plan.
All ayes - Carried.
Additionally, the council requested clarification on the sidewalk shown
in the site plan.
13. Consent Calendar
Motion by Ludeman, seconded by Hassenstab to approve the following items:
A. Receipt of Assessment Roll and Setting Date of Hearing for 1982 L/H/N
Maintenance Assessment
Council Meeting Minutes -10- July 25, 1983
RESOLUTION N0. 6788
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
FOR L/H/N MAINTENANCE
JANUARY 1, 1982 THROUGH DECEMBER 31, 1982
CP 776
B. Receipt of Assessment Roll and Setting Date of Hearing for 1982 Alle
Maintenance Assessment
RESOLUTION N0. 6789
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
ALLEY MAINTENANCE - CP 771
C, Purchase in Excess of $2.650
Fall Brochure
Authorize purchase of paper and services from Sexton Printing in the
amount of $6,162.
D. Authorization to Participate in Grant Application for Park Improvement
Funds
Authorize participation in the LAWCON/LCMR program with development of
Memorial Park.
E. Request for Kennel License
Margaret A. McAdams, 6400 16th Avenue - Residential Kennel License, 3 Dogs
All ayes - Carried.
14. Claims and Payrolls
Motion by Hassenstab, seconded by Ludeman that the following claims and
payrolls be approved:
RICHFIELD BANK & TRUST
Checks 3826/65196 $1,323,041.13
SUMMIT STATE BANK
Checks 65374/65406 Regular 3,782,122.69
Checks 26267/26676 Payroll 242,968.41
A11 ayes - Carried.
Council Meeting Minutes -11- .July 25, 1983
15. Adjournment
Motion by Hassenstab, seconded by Kirsch that the meeting adjourn.
All ayes - Carried. Time: 10:45 p.m. ~ ~`
Date Approved: August 8, 1983
ohn
Mayor
P
Sy a K. ergh City Clerk
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Thomas A. Morgan, J .
City Manager