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10-24-1983 CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING October 24, 1983 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, October 24, 1983 at 7:00 p.m. Mayor John Hamilton called the meeting to order at 7:15 p.m. Present: Bunce, Hassenstab, Kirsch; Ludeman, Priebe, Hamilton Mayor Hamilton led all assembled in recitation of the Pledge of Allegiance. 1. Approval of Minutes of Regularly Scheduled Meeting of October 10, 1983 Motion by Hassenstab, second by Ludeman to approve the minutes of the October 10, 1983 regular council meeting with the inclusion of the following +corrections: Page 1. Roll Ca11: "Present: Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton" Page 2. Correct title on Item 4: "Special Use Permit to Operate Van Rental Business, 6405 Cedar" Page 5. Revise the two additional conditions as follows: 4. "That the truck unloading area located on the north side of the proposed addition be screened from public view by the construction of a com- pletely enclosed structure sim3.lar to that provided by the K-Mart building at 66th and Lyndale." 5. "That the truck unloading area located on the south side of the building (adjacent to Hauser's) be completely enclosed in a manner similar to that provided in condition number four above." All ayes - Carried. City Manager Cartwright requested the statement, "Community Development Director Kraft recommended the following additional conditions be added to the above vote", on Page 5, be revised to state, "The city council agreed with the recommendation of the Community Development Director that the following additional conditions be included." Council Meeting Minutes -2- October 24, 1983 ' 2. Council Approval of Agenda Motion by Ludeman, second by Bunce to approve the agenda as submitted. All ayes - Carried. 3. Public Hearing to Consider Commercial Development Revenue Bonds for Metro Sales, Inc., 1620 E. 78th Street City Manager Cartwright informed the council that the city's legal staff has determined that preparation for the public hearing to consider issuance of Com- mercial Development Revenue Bonds to Metro Sales could not be completed at this time and that the council should schedule another hearing date. Motion by Hassenstab, second by Kirsch to reschedule this public hearing for Commercial Development Revenue Bonds for November 14, 1983. A11 ayes - Carried. 4. Public Hearing to Consider $4.350,000 Commercial Development Revenue Bonds for Richfield Shoppes Development Project (Lincoln Properties Proposed Project) Southeast Corner of 66th and Nicollet City Manager Cartwright opened the public hearing relating to issuance of $4,350,000 Commercial Redevelopment Revenue Bonds for redevelopment of the east side of Nicollet Avenue between 65th and 66th Street. He asked the council to reaffirm its action of July 25, giving preliminary approval to the project and to give final approval to the project. Also, he recommended the resolution authorizing the sale of commercial development revenue bonds for this project be adopted. Community Development Director Kraft presented sketches of the proposed development and apprised the council of the status of agreements with the various property owners in the area. Motion by Bunce, second by Hassenstab to close the hearing. All ayes - Carried. Council Meeting Minutes -3- October 24, 1983 Motion by Hassenstab, second 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. 6830 RESOLUTION RESTATING THE COUNCIL'S INTENT OF GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6830 in Resolution Book No. 50. Motion by Bunce, second by Kirsch 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. 6831 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF. $4,350,000 COMMER.CTAL DEVELOPMENT REVENUE BOND (RICHFIELD SHOPPES DEVELOPERS PROJECT) PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman,Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6831 in Resolution Book No. 50. 5. Public Hearing Regarding Request for Approval of Rate Increase for Cable Tot oa~i e4 nn City Manager Cartwright opened the public hearing relating to second reading consideration of an ordinance amending the Cable TV Franchise by summarizing the steps taken by the Southwest Suburban Cable Commission to analyze the rate request and its recommendation to grant the rates requested. Gary Mizga, Executive Vice President and Regional Manager of Minnesota Cablesystems, presented a ten minute video recording explaining the cable system from the laying of cables to the Richfield studios, the community use of public Council Meeting Minutes -4- October 24, 1983 access and the different varieties of programming. Motion by Bunce, second by Kirsch to close the hearing. All ayes - Carried. Bill 1983-24, "An Ordinance of City of Richfield Amending the Cable Commun- ications Franchise Ordinance No. 1980-33, Exhibit B, Paragraph I, Subparagraphs A1, A3, B, C, D, E, and H1 and H4 to Change the Rates and Charges for Installation, Monthly Rates, Converter, Reconnection, Extra Outlets, Commercial Rates, FM Services and Premium Services and Providing for the Effective Time of this Ordinance", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-214) Motion by Bunce, second by Hassenstab, that this constitute a second reading of Bill 1983-24; 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. 6. Appeal of Denial for Richfield Taxicab Driver's License John Fisher, 8126 First Avenue, appeared in his own behalf and asked that the council appeal the public safety department's denial of his taxi driver's license. He said he had been a cab driver for 3 1/2 years in Richfield and other communities and he had letters of support from some repeat customers. Ed Fisher, 3200 E. 53rd Street, father of John Fisher, said he hated to see his son put out of business and asked the city council to authorize the issuance of the license. Captain Ron Richardson reported on the city's licensing procedures. He said the safety of citizens as cab passengers is the prime consideration and that the department looks very closely at driving records and chemical Council Meeting Minutes -5- ~ October 24, 1983 dependency. He recommended renewal consideration of this license in March, 1984, if the applicant does not have recurring DWI or speeding problems. Motion by Bunce, second by Priebe to deny this taxicab driver's license until March $, 1984, at which time Mr. Fisher may reapply. A11 ayes - Carried. 7. Appeal of Denial of Kennel License Fee Waiver City Manager Cartwright introduced the request for reconsideration of a waiver denial for a kennel license fee sought by Karen Hughes, Apt. 6, 7527 Penn Avenue, who has four cats. No representative for the applicant was present. Motion by Ludeman, second by Bunce to deny this request for a license fee waiver. All ayes - Carried. Councilmember Kirsch expressed a desire for the city staff and city attorney to review and recommend possible amendments to the kennel ordinance. 8. Scheduling a Public Hearing and First Reading of an Ordinance Relating to Preparing an Application to Issue Housing Mortgage Revenue Bonds for Proposed Housing Proiect Within th.e Portland Avenue Development Area. City Manager Cartwright reviewed the HRA project for developing affordable housing for young families within the Portland Avenue Development Area (PADA) at Legion Lake. The HRA recommends the city utilize mortgage revenue bonds for this project which would aid the city goal of providing affordable owner- ship or rental opportunities for moderate income families. Community Development Director~Kraft reviewed the timetable that must be met in order to.submit the housing plan, program and application to MHFA, Minnesota Housing Finance Agency. The "Richfield Plan" will be submitted to the Metropolitan Council for review prior to the January 3, 1984 submission deadline. The plan will address the following considerations: Council Meeting Minutes -6- October 24, 1983 -Housing needs, with supporting demographic data; -Local housing policies as outlined in Richfield's comprehensive plan; -Potential projects that could utilize this type of financing; -Lender participation; -The estimated number of loans and estimated amounts and timing of the sale of revenue bonds required to finance loans, appropriate reserves and costs of issuance; -Methods of monitoring a program to ensure it meets plan objectives; -Costs to the city, with costs of issuance being reimbursed from bond proceeds. Staff believes the local contribution needed to make a bond issue feasible (known as "non-bond proceeds") could come from sources other than the operating fund and reserves of the HRA and the city; -How the program meets the needs of low and moderate income families; -The maximum loan amount, sales prices, or monthly rental range for the proposed units. Motion by Hassenstab, second by Ludeman to set the public hearing for November 28, 1983 and 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. 6832 RESOLUTION CALLING A PUBLIC HEARING ON THE ADOPTION OF A HOUSING PLAN FOR THE CITY Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6832 in Resolution Book No. 50. Bill 1983-28, "An Ordinance Relating to Housing: Authorizing the Housing and Redevelopment Authority of the City of Richfield to Exercise the Powers Granted by Minnesota Statutes, Chapter 462C on Behalf of the City", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk: (C-218) Council Meeting Minutes -7- October 24, 1983 Motion by Hassenstab, second by Ludeman that this constitute a first reading of Bill 1983-28; and that second reading of this ordinance be scheduled for November 14, 1983. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. 9. Approval of Minutes, Bid Tabulations, and Award of Contract for Remodelin of West Side Fire Station -- City Manager Cartwright reviewed the bids received for remodeling of the fire apparatus area at city hall and total renovation of the Penn Avenue fire station. He reported that the low base bid had been submitted by Maertens-Brenny in the amount of $246,819. He recommended acceptance of this bid with the inclusion of alternates 4a and 4b. Motion by Ludeman, second by Hassenstab to award the construction bid to Maertens-Brenny in a total amount of $247,041. A11 ayes - Carried. 10. Resolution Authorizing Sale of $825,000 Improvement Bonds City Manager Cartwright reviewed the proposal to sell $825,000 in General Obligation Improvement Bonds to arrange permanent financing for improvement projects undertaken in 1982 and 1983. Wayne Burggraaff, representing the city's financial consultants, Evenson- Dodge, Inc., provided information on the bonding process and the advantages of having a bond sale at this time to take advantage of lower interest rates. Motion by Bunce, second by Kirsch 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. 6833 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $825,000 GE1V'ERAL OBLIGATION IMPROVEMENT BONDS OF 1983 Council Meeting Minutes -8- October 24, 1983 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6833 in Resolution Book No. 50. The city manager presented a second resolution for council consideration providing for combining certain city projects, i.e., CP 772 (1982 sidewalk project) CP 775 (1982 alley improvements) and CP 757 (Lyndale Avenue reconstruction). He stated the purpose of combining these projects was to ensure that at least 20 percent of the cost of the financing shall be financed by special assessments, as required by state statute. Motion by Bunce, second by Kirsch 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. 6834 RESOLUTION COMBINING CITY IMPROVEMENT PROJECTS N0. 772, 775 AND 757 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6834 in Resolution Book No. 50. 11. Appointments to Fourth of July Celebration Committee Motion by Ludeman, second by Bunce to appoint Arnold L. Odefey, 10415 Decatur Avenue, Bloomington, and Sharon Kosek, 6530 Bloomington Avenue, Richfield; to fill unexpired terms with one year remaining, and reappoint Ethel Naslund, Robert Houlton, Joe Menning and George Evans, all of Richfield, to serve two year terms oh the Fourth of July Committee. All ayes - Carried. Motion by Bunce, second by Ludeman to appoint Therese Kassa, 7438 Upton Avenue, Richfield, to serve a two year term on the Fourth of July Committee. All ayes - Carried. Council Meeting Minutes -9- October 24, 1983 12. Appointment to the Human Rights Commission Motion by Ludeman, second by Hassenstab to appoint Karen Susag to serve as a student member on the Human Rights Commission. It was noted that none. of the four candidates had been interviewed and the motion and second were withdrawn. Appointments will be made subsequent to council interviews of the applicants. 13. Request for Waiver of Sign Permit Fee, Louise Whitbeck Fraser School, 2400 West 64th Street City Manager Cartwright reviewed the request for a waiver of a sign permit fee from Louise Whitbeck Fraser School, 2400 West 64th Street. The sign will be posted on the school property to advertise their annual bazaar. He recommended council approval of this fee waiver. Motion by Ludeman, second by Hassenstab to grant this request for a fee waived sign permit. All ayes - Carried. 14. Airport Noise Land Use Compatibility Planning Funding Community Development Director Kraft reviewed the amendment to the Aviation Chapter of the Metropolitan Development Guide, outlining guidelines for land use • compatibility with aircraft noise as approved by the Metropolitan Council and explained in Council Letter No. 349. Communities adjacent to airports are required to begin review of their comprehensive plans for consistency with the amended Metropolitan Development Guide. Mr. Kraft said the staff has prepared a work program and budget as requested by the MAC and that it will entail an expenditure of $30,959. He recommended council authorization to submit this work program to MAC. Motion by Kirsch, second by Priebe to authorize the staff to submit this work program to MAC for inclusion in its funding request to the FAA. All ayes - Carried. Council Meeting Minutes -10- October 24, 1983 Lawrence Wozniczka, 6744 Wentworth, asked if this plan will engender additional cost to residents. Councilmember Priebe said that the city has no choice in adopting this program, that costs will be inevitable. 15. Legislative Position Statement Urging Congressional Support for Continuing Availability of Housing Mortgage Revenue Bonds City Manager Cartwright reviewed the federal legislative position statement expressing the City of Richfield's position that Congress should take action to extend the authority for the issuance of housing mortgage revenue bonds. Motion by Hassenstab, second by Bunce to recommend adoption of this position statement as proposed. Poll of votes: Ayes - Bunce, Hassenstab, Priebe, Hamilton. Nays - Kirsch, Ludeman. Carried. Councilmember Ludeman said he feels this type of financing is hurting the small contractor and that he opposes these large federally subsidized projects. 16. Council Choice Councilmember Hassenstab asked for a status report on the fire code as applied to day care providers. Captain Richardson indicated he will provide this information. Council discussed the recent community theatre production of "Our Town" and the need for more promotion to improve attendance. 17. Consent Calendar Motion by Hassenstab, second by Ludeman that the following items be approved: A. Approval of Agreement with the South Hennepin Human Services Council for Paint and Fix Program Authorize mayor and city manager to execute agreement on behalf of the city. B. Approval of Purchases in Excess of $2,650 Snow Plow Attachment - Authorize purchase of $5,870 from Road Machinery and Supplies Co. Council Meeting Minutes -11- October 24, 1983 Award of Contract - Rock Salt - Authorize master purchase order for estimated 800 tons of rock salt from Domtar Industries, Inc. in the amount of $14,952. C. Approval of Off-Street Parking Permit for Proposed Medical Clinic, 6944 Nicollet Avenue RESOLUTION N0. 6835 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 8307 CONTRACT N0. 2355 Name: Flashner Medical Partnership 830 East Rand Road Mount Prospect, Illinois 60056 Location: 6944 Nicollet Avenue South Use: Medical Clinic D. Payments and Estimates Final Estimate, Monroe Park Shelter Building - Henry Mikkelson - $897 All ayes - Carried. 18. Claims and Payrolls Motion by Hassenstab, second by Ludeman that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 4050/4083 66500/66734 $ 698,798.19 SUMMIT STATE BANK Checks 65563/65775 General 1,441,650.02 Checks 28766/29472 Payroll 225,977.28 All ayes - Carried. 19. Adjournment Motion by Hassenstab, second by Ludeman that the meeting adjourn. All ayes - Carried. Time: 9:15 p.m. Date Approved: November 14, 1983 S~yly Bergh C Clerk