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03-26-1984CITY OF RICHFIELD REGULAR. COUNCIL MEETING March 26', 1 g84 The city council of the City of Richfield met in regular session in the council charr~bers of the city hall on Monday, March 26, 1884, at 7:00 p.m. The meeting was called to order by Mayor John Hamilton at 7:07 p.m. Council members present were Bunce, Kirsch, Ludeman, Priebe and Hamilton. Boy Scout Troop No. 384., of Woodlake Lutheran Church, presented the colors and led a recitation of the Pledge of Allegiance. 1. ~ Approval of Minutes of Regularly Scheduled Meeting of March 9, 1984 Motion by Ludeman, second by Priebe to approve the minutes of the regular council meeting of March g, 1984 as presented. - - All voted aye, motion carried. 2. Opportunity for Citizens to Address the City Council Gertrude Ulrich, 7601 Aldrich, a member of the Metropolitan Council, discussed proposed legislation that would remove the Metropolitan Airports Commission from any meaningful planning and budget review by the Metropolitan Council. $he-urged the council to oppose this proposed legislation. Ms. Ulrich also discussed airport noise and transportation issues. Motion by.Ludeman, second by Bunce direct the-city manager to contact our legislators on behalf of the council regarding Richfield's interest in this matter. All voted aye, motion carried. 3. Council Approval of Agenda ,City Attorney LeFevere suggested that the condemnation of the Godfather restaurant resolution and the developer's agreement for Market Plaza be added to the agenda for consideration. Motion by Ludeman, second by Kirsch to approve the agenda with the addition of the items suggested by the city attorney. City Council Minutes -2- March 26, 1984 All voted aye, motion carried. 4• Consent Calendar Motion by Ludeman, second by Kirsch that the following items be approved: A. Transitory Ordinance Providing for the Transfer of Funds for Certain Capi 1 Improvements. first Reading. Bill 1984-10 Transitory Ordinance No. 17.13 An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements B. Agreement with Richfield Swim Club for Use of Outdoor Pool Authorization of an agreement with the Richfield Swim Club providing for . closing the municipal outdoor pool on July 7 and 8, 1984, to enable the Club to host a competitive swimming meet. C. Tabulation of Bids, Approval of Minutes and Award of Contract for Filter les, Water Plant Award-of a contract to Lane Minnesota in the amount of $85 924 for gravity sand filter controls and appurtenant work at the city water plant. D. Approval of Purchases in Excess of $5,000 Public Safety Vehicle Authorization of the purchase from GMC Truck and Coach in the amount of $11,828. Plantings Authorization of the purchase of 180 Northwoods Red Maple, 150 Niobe Weeping Willow, 20 Flame Willow, 200 American Highbush Cranberry from J. V. Bailey Nursery in the amount of $7,344.50; and 200 Tamarack, 300 Balsam Fir, 200 Quaking Aspen and 200 Northblue Blueberry from Tru Gro Nursery in the amount of $9,750. Sewer Rodder Authorization of the purchase of an SRECO Hydraulic Sewerodder Model HM-38 City Council Meeting -3- March 26, 1984 from the Flexible Pipe Tool Company in the amount of $13,048, less a trade-in of $2,550 for existing equipment, for a net_total purchase price of $10,498. E. Resolution Establishing Sister City International Advisory Board RESOLUTION 1V0. 6874 RESOLUTION ESTABLISHING SISTER CITY INTERNATIONAL EOARD F. Authorization to Submit Grant Application for Ski Trails, Wood Lake Nature Center ' RESOLUTION N0. 6875 RESOLUTION AUTHORIZING ESTABLISHMENT, CONSTRUCTION AND MAINTENANCE OF A PUBLIC TRAIL AT WOOD LAKE NATURE CENTER. G. Payments and Estimates Estimate #1, W & G Rehbein Bros., Inc., Contract 2377 - Excavation and Disposal of Lime Sludge - $23,415 Estimate #3, Maertens-Brenny Construction, Contract 767, Fire Station Remodeling - $66,784 All voted aye, motion carried. 5. Public Hearing, Request for Renewal of On-Sale Wine License, for Miller's Fireside Pizza City Manager Cartwright reco~nended approval of the application of Miller's Fireside Pizza for renewal of their on-sale wine license. He said there were no changes in the corporate structure of the organization and all reporting was in order. Elaine Mi11er~Walker, sister of the owner, appeared to answer council questions. Motion by Bunce, second by Priebe to close the hearing. All voted aye, motion carried. Motion by Kirsch, second by Bunee to approve the renewal of the on-sale wine license for Miller's Fireside Pizza. All voted aye, motion carried. City Council Minutes -4- March 26, 1884 6. Public Hearing, Request for Renewal of On-Sale Wine License, for Shakey's za arior City Manager Cartwright recommended approval of the application for an on- sale wine license of Northstar Pizza, Inc., dba Shakey's Pizza Parlor. He reviewed the accountant's and public safety department reports, which indicated no basis for denial of this license. Mike Burndt, manager of Shakey's, appeared in support of his organization's application. Motion by Bunce, second by Ludeman to close the hearing. All voted aye, motion carried. Motion by Bunce, second by Ludeman to approve the renewal of the on-sale wine license for Northstar Pizza, Inc., dba Shakey's Pizza Parlor. All voted aye, motion carried. 7. Public Hearing, Request for Renewal of On-Sale W9ne License, for Prest Motor Irni City Manager Cartwright recommended approval of the application of Prest Motor Inn for anon-sale wine license and reported all reports were in order. Dan Nelson, manager of The Inn, appeared and answered council's comments re- garding increased public safety contacts during the past year. Bill Holli.ck, of the Public Safety Department, said many of the contacts had to do with routine inspections. Motion by Kirsch, second by Ludeman to close the hearing. All voted aye, motion carried. Motion by Ludeman, second by Priebe to approve the renewal of anon-sale wine license for The Inn. All voted aye, motion carried, 8. Public Hearing, Request for Renewal of On-Sale Wine License for Pontillo's, dba/Davanni's City Council Minutes -5- March 26, 1984 City Manager Cartwright noted that no representative of this estblishment was present and that council policy is not to approve renewals without an appearance by a representative of the business. Motion by Ludeman, second by Bunce to continue this hearing to the council meeting of April 9, 1984. All voted aye, motion carried. g. Hearing for the Expenditure of Community Deve in the un of ,450 for Year X ~ment Block Grant Funds __ _._ - City Manager Cartwright opened the public hearing and presented background information regarding the Community Development Block Grant (CDBG) Program. He reviewed the current financial status of CDBG monies. Mr. Cartwright summarized the requests for allocation of Year X funds including the possibility of funding for a curbside recycling program. Sue Berzelius, 7345 Wentworth, spoke in favor of the. allocation for day care assistance. She said 17 families are now on the waiting list and she urged the council to allocate the same amount of funding as they~did the previous year. Helen Watkins,. Greater Minneapolis Daycare Assoc., said the ultimate goal is to keep children in safe, licensed facilities. In response to questions from the council, Rick Jopke,-city planner, said the city had been delayed in implementing funding by additional requirements relating to this project, since it was the first time CDBG funds had been allocated for human service programming. Lori Amos, 6439 Vincent, whose husband attends the university, said their child was in a good day care facility due to this sliding fee scale program. Gertrude Ulrich, 7601 Aldrich, commented on the recycling proposal. She said there is a shortage of landfills in the metropolitan seven-county area and she supports recycling of refuse. City Council Minutes -6- March 26, 1984 Motion by Bunce, second by Ludeman to close the hearing and delay any decisions on the activities to be funded until April 8, 1984. All voted aye, motion carried. At this time, a concurrent meeting of the Richfield Housing and Redevelop- ment Authority convened, and the city council took up consideration of the development agreement and a resolution approving eminent domain proceedings relating to redevelopment of property northwest of 66th Street and Lyndale Avenue. Attorney Clayton LeFevere said the following actions are being requested of the City Council and HRA: A) Consideration of a devolopment agreement. It is recommended for approval in substantially the form being presented this evening; B) An HRA resolution which would authorize eminent domain proceedings, if necessary, for acquisition of the Heilicher property; and C) A resolution for the City Council which would authorize eminent domain proceedings by~the HRA for acquisition of the Heilicher property.. Mr. LeFevere noted that negotiations are proceeding for the acquisition of the property and eminent domain proceedings would commence only if the negot- iations do not prove to be-fruitful. Attorney LeFevere proceeded to review the pertinent aspects of the develop- ment agreement with City Council members and the Housing and Redevelopment authority. He noted the developer of the project is the Market Plaza Corporation which carries the backing and guarantee of the Derrick Land Company. Co-developers for the project include the Knutson Construction Company for the condominium project and E. J. Plesko and Associates for the apartment and commercial development. Mr. LeFevere said that the City of Richfield is a party to the agreement in addition to the Housing and Redevelopment Authority, because of the connection to various public improvements that will be required to serve the development City Council Minutes -7- March 26, 1984 and other aspects of the project. He also noted that issuance of the tax- increment bonds for the project would~be performed by the City. Mr. LeFevere proceeded to review the various exhibits and definitions associated with the development agreement. He noted there is a provision for a 30-day "sudden-death" termination for the project if the co-developers do not sign the development agreement within 30 days after it has been approved by the City and-the HRA:' He also noted that the agreement requires construction and financial commiia~aents by the developer to provide assurances that the develop- ment will proceed. He further noted the City must: provide the property for the development; the public financing necessary for the property acquisition; various other project costs; or, the developer can back out of the project. Mr. LeFevere also noted that a closing on the HRA sale of the property to the developer will occur only after the approval of all project plans by the HRA. He further noted the HRA is only required to pay up to a certain maximum amount for property acquisition and other uses. Mr. LeFevere expressed his appreciation for the work of John Dean and David Sellergren for their many hours in drafting the development agreement. Commissioner Hassenstab expressed his appreciation to HRA Chairman Tom Harms for his involvement in seeing the project proceed. Mr. Dick Krier, representing Market Plaza Corporation, introduced persons present who are involved in the project. He noted that since the last presentation of the project to the City Council and HRA, certain issues had been addressed. These involved an increase in the amount of parking available for the rental apartments to a ratio of 1.4 parking spaces/dwelling unit, the addition of more landscaping and berms to the project area, and revised access from 66th Street to the commercial parking area. He said the developer's investigation of these issues had resulted in certain changes for the project. Mr. Krier said the project now involves a 136-unit condominium building of City Council Minutes -8- March 26, 1984 12 stories in height, the construction of 162-units of rental apartments and 70,000 square feet of commercial space. Mr. Krier said the condominium development would include 107 underground parking spaces and 27 surface parking spaces. The building is designed for residents 55 years of age and over. Mr. Krier said the apartments would have rental rates of approximately X450-$650 per month. There would be 8 floors of apartments constructed above the commercial space. The apartment development is targeted for a mixed-adult population. . Mr. Krier said the commercial development is being set up as a service center which would include a number of potential tenants in a mall setting on the main floor of the project. Discussion followed concerning the one-way median freak proposed for traffic to enter the development from eastbound 66th Street. _ Mr. Ken Anderson, a traffic consultant to Market Plaza Corporation was introduced. He gave the reasons for a median break on 66th Street to provide access for eastbound traffic to the development. Discussion followed concerning various aspects of providing access to the development from 66th Street. Mr. Krier noted that City support will assist the developer in getting approval from Hennepin County for the median cut on 66th Street. Commissioner Hassenstab asked if the entrance to the parking lot will be designed to accommodate the level of traffic making these movements: Mr. Anderson said that it would. Mr. Russ Hellickson, resident of Lake Shore Drive Condominiums, asked about provisions for traffic control in this vicinity to enhance pedestrian crossings. Mr. Howard Carlson, also of Lake Shore Drive Condominiums,.said the signals at Rae Drive have been adjusted by Hennepin County, but still don't have a long enough phase for pedestrians crossing the street. Mr. Krier described the walkway system provided for in the development. City Council Minutes -g- March 26, 1g84 Mr. LeFevere asked whether the condominium component would have brick facing similar to that used by Lake Shore Drive Condominiums. Mr. Krier responded that it would. Mr. Larry Wozniczka, Wentworth Avenue South, asked if it might be feasible to have a pedestrian crossing with a landing on the median at Graham Avenue similar to the one provided north of 66th along Nicollet? He said he thought this would help pedestrian crossings. Mr. Wozniczka also asked about the financing feasibility of the project. Mr. LeFevere said that the financing proformas prepared for the development were all in order. Mr. Wozniczka alsa.. asked about the additional costs of service to the development for fire and police services and asked whether this was taken into account in considering the project? Staff said there was an analysis of the additional costs of service for the development and there would be little, if any, net change iri the level of service that would need to be provided by the City, Commissioner Luettinger noted that some buildings have a problem with discoloring of the brick less than 5 years after construction. He said that. since this is a very expensive problem to correct, it should be looked at during the planning phase. Mr. Harms said that he believes this project has received close scrutiny by City and HRA staff. He said he likes the project and thinks that it will work in Richfield. He further noted that significant safeguards have been built into the development agreement to protect the City's interests as the development proceeds. At this point, the City Council took action on the developers' agreement. Motion by Ludeman, second by Kirsch, to grant City Council approval of the development agreement and to authorize its execution by the appropriate City officials in substantially the form as presented. All voted aye, motion carried. City Council Minutes -10- March 26, 1984 Motion by Hassenstab, second by Luettinger to grant approval and authorize execution by the appropriate officials of the Richfield Housing and Redevelop- ment Authority of the development agreement, in substantially the form as presented this evening. A11 voted aye, motion carried. • Motion by Hassenstab, seconded by Ludeman 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. 242 RESOLUTION A 0 Z CQUISITION OF CERTAIN REAL PROPERTY BY EMINENT D0~1AIN PROCEEDINGS Poll of votes: Ayes - Helmberger, Ludeman, Luettinger,.Hassenstab and Harms. Nays - None. Motion Carried. This resolution appears as Reslution No. 2q2 in HRA•Resolution Book No. 3. Motion by Ludeman, second by Priebe •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. 6877 RESOLUTION APP V A IS ION OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - None. Motion carried. This resolution appears as Resolution No. 6877 in Resolution Book No. 51. This special meeting of the HRA was adjourned at g:25 p.m. 10. Ordinance Amendment and Resolution Relating to Water Meter Access. and Providing for Penalty Charge if Access not Permitted. Second Reading. City Manager Cartwright presented an ordinance amendment relating to water meter access for city council second reading consideration and a reso- lution authorizing a penalty of $50 per quarter if entrance is not gained to a racirlannc Fnr i-hc nnrmnac n•P inct~llina nets is~tcr mc•Fcre nr fnr n-F~hcr City Council Minutes -11- March 26, 1984 specific activities. Motion by Ludeman, second by Kirsch to close the hearing. All voted aye, motion carried. Bill 1884-9, an Ordinance Amending Sections 8.24 and 8.25 of the Ordinance Code of the City of Richfeld Relating to Water Service, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-235) Motion by Ludeman, second by Bunce that this constitute a second reading of Bill 1984-93 that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - None. Motion carried. Motion by Ludeman, 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 NO. 6876 RESOL ION ING TO TAIN CHARGES FOR WATER SERVICES Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - None. Motion Carried. This resolution appears as Resolution No. 6876 in Resolution Book No. 51. 11. Ordinance Amendment that Applicants for an On-Sale Wine a -~t:ut to naaul.i. i~ . City Manager Cartwright reviewed the ordinance amendment providing for the attendance of applicants for on-sale wine license renewals at the city council meeting. Motion by Bunce, second by Priebe to close the hearing. All votes aye, motion carried. City Council Minutes -12- March 26, 1884 Bill 1984-7, an Amendment to Chapter XI, Section 11.08 of the Ordinance Code of the City of Richfield,"was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C--233) Motion by Kirsch, second by Ludeman that this constitute a second reading of Bill 1884-7; that it be published in the official newspaper and that it be made a part of these minutes. , Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - None. Motion carried, 12. Ordinance Amendment Providing that Applicants for an On-Sale Nonintoxicatin~ Malt Liquor 3.2 Beer ust be Present at th • vcwaa~.a aticctu.i.al~. City Manager Cartwright presented an ordinance amendment providing that applicants for renewal of nonintoxicating malt liquor (3.2 beer) must be present at the council meeting when their license request is considered. Motion by Bunce, second by Ludes to close the hearing._ All ayes - Motion carried. Motion by Bunce to decry this ordinance. Motion died for lack of a second. Bill 1984-8, an Amendment to Chapter XI, Section 11.02 of the Ordinance Code of the CitSr of Richfield, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-234) Motion by Kirsch, second by Ludeman that this constitute a second reading of Bill 1884-8; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes -Kirsch, Ludeman, Priebe, Hamilton. Nays - Bunce. Motion carried. 12. Amendment to the Agreement Between the Greater Minneapolis Day Care sociation and the City of Richfield Relating to the use of Community City Manager Cartwright recommended an amendment to the agreement with the Greater Minneapolis .Day Care Association for city council approval. The city City Council Minutes -13- March 26, 1984 • manager said th;~ amended agreement would allocate an additional $4,000 to the program which will provide for the assistance of twig or three additional fam3.lies now on the waiting list for day care services. Motion by Bunce, second by Priebe to approve the amended agreement and authorize the mayor and city manager to execute it on behalf of the city. Poll of votes:- Ayes - Bunce, Ludeman, Priebe and Hamilton. Nays -Kirsch. Motion carried. 13. Council Discussion Items The city manager said that Student Government Day will be observed at t1~e council meeting of April 23, 1984. • Council discussed tie upcoming mayor's prayer breakfast, the Lions' Club pancake fand raising breakfast and the 4th of July pancake fund raising brsak- fast~vents. ~ - _ _ 14. • _ C3.aims and Payrolls Motion by Priebe, second by Bunce that the following claims and payrolls be approved: RTCHF'IELD BAt~ & TRUST Checks 4416/4458, 69017/69170 SUMMIT BAi~ & TRUST Checks 65918/65954 General Checks 32989/33284 Payroll All voted aye, motion carried. 15. Ad~ourna~ent Motion by Kirsch, second by Ludeman that the A11 voted aye, motion carried. Date Approved: April 9, 1984 $ 714,523.22 X3,062,593,40 226,010.79