Loading...
05-29-1984s' A r~ CITY OF RICHFIELD REGULAR COUNCIL MEETING MAY 29, 19$~ ' The meeting was called to order at 7:05 p.m. by Mayor Hamilton.. Council Members Present: Kirsch, Ludeman, Priebe, and Mayor Hamilton. (Council Member Bunee was absent). Mayor Hamilton led those present in the recitation of the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Priebe, second by Ludeman, to approve the minutes of a regular council meeting of May 14, 198, and minutes of a special meeting of April 30, 198. All voted aye, motion carried.. PRESENTATIONS OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL No one wished to address the City Council on any matter not listed on the meeting agenda. COUNCIL APPROVAL~OF AGENDA Councilman Kirsch requested that an item be added to the agenda concerning curb and gutter installation and possible special assessments for properties a-long Longfellow Avenue. City Manager Cartwright asked the Council to add agenda items concerning a request from the Richfield Schools for a temporary sign permit, and to place items 2-B, C, and D from the Consent Agenda on the Council Agenda, at the request of Lincoln Properties. Motion by Ludeman, second by Priebe, to approve the agenda as amended. All voted aye, motion carried. 1: Rogers Cablesystems Financial Presentation Gary Mizga, Rogers Cablesystems General Manager, said they •~ wished to talk about the financial condition of the cable sys- tem. He said significant changes have affected the cost of doing business in the cable industry, and subscriber penetration rates. Dottie Rietow, Government Relations Director for Rogers Cablesystems, referred to nationwide cutbacks in the cable industry as reflected in recent news articles. She discussed additional costs incurred by the company in building the system for the southwest area, including additional miles of cable, more expensive converters, and a big commitment to local pro- gramming. Gary Mizga said the system is presently losing money. He went on to review the company's current revenues and expendi- tures. Mr. Mizga discussed the marketing efforts made by the company and related costs. He said the system presently has an average 42~ subscribership in the southwest area, which is high- est in the metropolitan area. He noted the company had original- ly expected a 50~ penetration rate by this time, however. He further noted the company expects to pay nearly $400,000 in franchise fees to the 5 southwest cities this year. Mizga said that, at~the time of the rate increase in the fall of 1983, the Cable Television Information Center said the company had devoted considerable resources to local programming efforts. Mizga said the company still needs to borrow money to cover its operating expenses and interest payments. Dottie Rietow said the company is limited in many of the costs that it can reduce. She said the company wants to work with the five city operating committee and the cable commission to determine what potential savings may be possible. She also said marketing and customer service expenditures should not be • •1 • cut further, but the company would try to delay the .replacement of some fixed assets. She further noted that the company will likely seek changes in the franchise to enable them to restruc- ture their Long-term financing arrangements. .Ms. Rietow also said that the company wants the cities to look at ways to reduce Rogers Cablesystems franchise fee commitments to the cities. Mayor Hamilton asked if there was a plan to cut back on the number and use of the local studios. Ms. Rietow said the company wants to explore all options, including reducing franchise fees and maintaining local programming. Gary Mizga said it is the companyts hope that there will not be reductions in local programming. Councilman Ludeman said local programming would have to be cut, based on the information presented. Mizga said that the company hopes to work with the operating co-n~nittee to de%errnine ways to save costs. Ludeman also asked how Richfietdfs subscrib- ership compares to that of other cities. Mizga responded that subscribership in Richfield is 36~ compared to the 5=city aver- age of 42~. City Manager Cartwright described the process intended to be followed for further study, and reporting back to the City Council and the Southwest Cable Commission. Discussion followed concerning the effects of rates and rate increases on overall subscribership. 2. Consent Calendar Motion by Ludeman, second by Priebe, to approve the consent agenda as amended. All voted aye. Motion carried. HEARINGS 3. Request for Planned Unit Development Plan Approval, Special Use Permit, Rezoning, Preliminary Plat Ap'proval' and Variances b~ Market Plaza Corp. (Godfather Block Developer) • Dennis Kraft, Community Development Director, presented a report on this item. He said the recommended actions have changed because of a mix-up in publication of notice ror i;he meeting. He said the council is being requested to hold the first reading on the rezoning for the project, and to schedule a public hearing for the June 25, 1984 city council meeting for 2nd reading of the rezoning ordinance and the other items under con- sideration. Kraft presented a description of the project rele- vant to the Planned Unit Development rezoning request. He said the proposal is consistent with the L/H/N redevelopment plan. Ludeman asked about the possible enclosed, underground park- ing facility, and Kraft said this proposal will be determined based by the preliminary marketing response. Motion by Kirsch, second by Ludeman, to close the public hearing. All voted aye, motion carried. Motion by Kirsch, second by Ludeman to hold the first reading, and schedule a public hearing on the balance of the Market Plaza requests for the council meeting of June 25, 1984. All voted aye, motion carried. 8. Consideration of City Administration Recommendation for Smoking 'and Non-smo ng _Desig'na~ion's''for-'City a 1 an e Pu~1ie a e y Buil ing. (This item was taken out of sequence) City Manager Cartwright described the three plans that had been developed by staff for setting smoking and no-smoking areas in the Public Safety and City Hall buildings. He said Plan "C" has the support of all city departments. This plan would establish the city council chambers, meeting rooms, and the main lobby area as no-smoking areas, but would permit smoking at work ' stations in certain other areas which meet the requirements of the Minnesota Clean Indoor Air Act. Mr. Cartwright said the Advisory Board of Health favors a complete ban on smoking in the building, but has voted to recommend plan "B" to largely restrict smoking in the buildings. Mr. Cartwright further noted that the Public Safety department recently voted 2/3 in favor of plan "C", and 1/3 in favor of plan "B". He recommended that the city council set its own policy for public areas in the City Hall/Public Safety building, and that the work areas be governed by administrative policy set by the City Manager , Councilman Priebe discussed the differences between plans "B" and "C", noting that plan "C" would allow smoking in work areas if it meets the state requirements. Lia Ozols, Chairperson of the Advisory Bvard of Health, addressed the council and said that the Board had considered the alternatives at their meeting of May 21, 1984. Ms. Ozols was concerned that the survey of employees may not accurately reflect employee opinion on the proposed policy. She said there is solid evidence showing that smoking hurts non-smokers, and that the Board recommends plan "B" and its restrictions. Charlotte Anderson, 6429 Vincent Avenue, former member of the Advisory Board of Health, spoke for more restrictive measures for the building, Joan Pelfrey, Advisory Board of Health member, spoke in favor of plan "B" . Jane Myre, Advisory Board of Health member, said that the role of the Board of Health is to protect the 'Health of all residents. She said she believes smokers have a higher in- cidence of certain diseases. Motion by Kirsch, second by Ludeman to adopt plan "B" no-smoking policy for the City Hall/Public Safety buildings. Discussion followed concerning differences in the plans, and the distinctions were highlighted by City Manager Cartwright. Specifically discussed was the effect of banning smoking in the communications room in the Public Safety building, and the effect on other smoking and non-smoking employees of various work areas. Ludeman, Kirsch, and Hamilton voted "aye". Priebe voted "noTM. Motion carried. Mr. Priebe asked that~the council address the specific concern about the communications room in the Public Safety building where workers are not allowed to leave their work stations. Captain Richardson responded to several questions on the issue. Motion by Hamilton, second b~ Priebe to reconsider the council's previous action on the policy, in order to address the communications room situation. Hamilton and Priebe voted "aye", Ludeman and Kirsch voted "no". Motion failed. 7. Consideration of City Administration Recommendation to Take a Community Survey on Local Government Issues. City Manager Cartwright reviewed the staff recommendation to develop a community opinion survey, working with Mr. Bob Nelson of the Richfield Schools, who would assist the city in under- taking the opinion survey. Mayor Hamilton introduced Bob Nelson, who addressed the Council briefly on the expected benefits for such a survey. City Manager Cartwright said funds in the amount of $5,000, the expected cost of the survey, could be made available in ~~ 1 • the current city budget. He said Mr. Nelsons time would be. available, without charge, through the cooperation of the school district. Councilman Priebe noted certain concerns about conducting an opinion survey, especially regarding the necessity to avoid an over-simplification of the issues and questions presented to residents. He said the idea of a survey also has implications regarding how the results might be followed by the City Council. He noted that Richfield does not have a town meeting form of government, which allows every resident a say in all issues coming before the city. Mayor Hamilton said the survey would be a method of obtaining citizen input regarding certain specific issues and programs, and that it would not necessarily mean changes would have to result. Bob Nelson said the survey will hopefully reflect the broad base of opinion in the community, not dust the opinion of those who -feel. strongly about-various -issues. City- Manager Cartwright and Mayor Hamilton commented on various issues they hope to address through this survey, for example, the city , snowplowing ordinance. Discussion followed concerning the need to make certain that questions presented in the survey are accurately composed, so that the results of the survey would not be biased. It was noted that the city council will be actively involved in the survey process, and would approve all questions and topics to be pre- sented in the survey. Motion by Ludeman, second by Kirsch, to direct staff to proceed with the development of an opinion survey. All voted aye. Motion carried. 4. Resolution Supporting the Formation of a South Suburban Not- For;~ro'~i£_Co'mmunity Action Agency. -~~~~"-' This item was introduced by City Manager Cartwright. Councilman Ludeman asked whether it was even necessary for the city council to act on the resolution, and City Manger Cartwright s-aid that if a community action agency is to be formulated for suburban Hennepin County, it has been recommended that Richfield and other cities express their opinion as to the type of agency to be created. Ludeman said he thought it would be appropriate to discuss the matter with Hennepin County Commissioners prior to the Council taking action. Motion by Ludeman, second by Kirsch, to~table this matter. All voted, motion carried .-= 6. Resolutions Implementing the Installation of a Fire Suppres- sion ~stem'by Spec al Assessment for Ric iel S oppes ort co et a ween 5 an ree s "" City Attorney John Dean reported that recent legislation now allows the use of special assessments to help finance the costs of installing Fire suppression systems. He said the developer is proceeding with preparation of the plans and spec- ifications, and other arrangements related to the installation of the fire sprinkling system in the Richfield Shoppes North de- velopment. Mr. Dean recommended that the city council adopt a resolution ordering the project in, approving plans and specif- ications, and authorizing advertisement for bids. Mr. Dean noted that the developer will be providing the city with assurances that full r_ost of file improvements would be paid, and the city would be held harmless concerning the installation and operation of the system. Also, the property owner would manage th.e installation and subsequent operation and maintenance of the fire sprinkling system. The developer would also agree to assume ownership of t'ne fire sprinkling system at some future •• time, once it has been paid for. Chuck Dufresne, representing Richfield Shopper North de- i velopment, was present to answer questions. Councilman Ludeman asked about use of money in the Perman- ent Improvement Revolving Fund for such improvements. • Chuck Dufresne reviewed the project, and the relation- ship of the sprinkling requirements to the renovation work. He said city staff has said that, because of the addition to be built at the south end of the shopping center, the entire building requires a fire suppression system. Discussion followed concerning the relative advantages and disadvantages of paying for the cost of the fire suppression im- provements through Industrial Revenue Bonds and Special Assess- ment Bonds, and what kind of worst-case risk these types of _ financing would have for the city. Larry_Wosn_iczka, 6744_ Wentworth Aven.u~,_South, asked__how much money would be paid by the city for this project. John Dean said the first phase is estimated to cost approximately $70,000. Mr. Wosniczka asked what interest rate would be charged for the Mr. Dean said the council would not be acting on this tonight, but the state law requires that the interest rate be set at 87, or at the interest rate of any special assessment bond that might be issued. Mr. Wosniczka noted that some taxes and special assessments are never collected, and he believed the money to be used for this project could be invested for more than 8~. Councilman Priebe commented that this is a compromise situation regarding the installation of t'ne sprinkler system in the older parts of the building, and there is a public benefit involved. He said it would be appropriate for the City to lend assistance and encouragement to the redevelop- went area. Motion by Priebe, second by Kirsch, to adopt the resolution ordering the pro~eet in, approving plans and specifications, and authorizing advertisement for bids. Kirsch, Priebe and Hamilton voted "aye", Ludeman voted "no"~, Motion carried. 2. B. Re u~ est for Illuminated Sign Permit, 6533 Nicollet C.L. 191 C. Request for.Temporary_Ground_Signs,_Riehfield_Shop~ North, b5th and 66th and Nicollet C.L. 194 D. Re uest for Illuminated Sign Permit, Richfield Shoppes ortfi~ •'~' an col e . L . 195 These items were removed from the consent agenda at the request of the developer, Lincoln Properties. Mr. Chuck Dufresne reviewed Lincoln Properties' proposals for various signs at the Richfield Shoppes North development, which include temporary signs, and asked the council to also approve temporary signs which would identify shops during construction. These would be put up and taken down by the various businesses each day. Motion by Ludeman, second by Priebe, to approve the sign permits as recommended by staff, with the additional approval of temporary signs to identify businesses during the construction period, and the addition of another panel to the large pylon sign as presented by Nordquist Sign - - Company. Mr. Larry Wosniczka, 6744 Wentworth Avenue South, asked about the expansion area of the shopping center. Mr. Dufresne said that this area would be occupied by a shoe store, hair salon and a 3eweler. All voted aye, motion carried. Councilman Ludeman asked for an accounting report on the use of the $4.3 million IRB issue for Richfield Shoppes. 5. Resolution Authorizing Temporary Funding for CP 793, 1884 Al1ey'Improvements ""~~'~' Discussion took glace concerning the process of loaning money to the pro~eet and the repayment to the PIR fund once permanent financing is arranged through a special assessment bond issue. Motion by Ludeman, second by Priebe, to adopt the resolution authorizing temporary funding for CP 793, 1984 alley improvements. o All voted aye, motion carried. 9. Consideration of City Administration Recommendation to Pure ase 333 Port an Avenue or Park xpans on Don Fondriek, Community Services Director, presented background information on the proposed purchase of a single farnily property adjacent to Legion take Park for additional park land. Couneilrnan Ludeman asked whether this action would estab- lish a commitment for the city to buy all homes on the east side of Portland Avenue. Fondriek said the city has followed a policy to pursue such park purchases, as the property becomes available. Councilman Kirsch asked if this action was consistent with the comprehensive plan. Mr. Fondriek replied that the Planning Commission had considered the proposed purchase, and approved it as being consistent with the cityts'comprehensive plan. Motion by Ludeman to not purchase the property. Motion failed for lack of second. Motion by Priebe, second by Hamilton, to authorize negotia- tions for the purchase of 6333 Portland Avenue for park purposes. Kirsch, Priebe and Hamilton voted "aye", Ludeman voted "no". Motion carried. 10. Consideration of League of Minnesota Cities Report on LMC Loca Government Aid Policy ~"~'-- Ron Rankin, Assistant City Manager/Administrative Servi.<,Ps Director presented a report concerning the L'~C Lo~.al ~ovarninent; Aid Policy. It was noted t.haL- the proposed policy recommends an LGA formula based on cities' revenue-raising capacity and local need. Rankin said staff has certain concerns about how city's revenue raising capacity would be measured with regard to tax increment districts, and also about certain types of expendi- tures for 'oasic municipal services which would be included in the measurement of local need. He said it is recommended that the council direct staff to prepare written comments for signature by the Mayor which support the policy based on revenue-raising capacity and need, but which highlight Richfield's concerns with regard to the policy proposed by the LMC task force. Rankin also noted that staff will be monitoring the work of the joint legislative study commission on local government aid, and would maintain communications with other first-ring suburbs having interests similar to those of Richfield. Discussion followed concerning the impact of changes in the local government aid formula, and the likely impact on the City of Richfield. Motion by Priebe, second by Ludeman, to direct staff to prepare written comments for signature by the Mayor as recom- mende~3, and to further monitor likely c'nanges in the local govern?npnS; aid formula. All voted aye, motion carried. 11. Council Choice No Councilmembers brou3ht up discussion items. •~ 11. A. Update concerning the nei curb and gu ter s ree_ assessmen s Long~`e~~ow t~venue.-- boyhood meeting and roposed or yes en s a ong This item had been added to the agenda at the request of Councilman Kirsch. City Manager Cartwright recapped the discussion of the neighborhood hearing held with residents along Longfellow Avenue. He said action would be taken re- garding the following items: 1. Better speed enforcement along Longfellow by the Richfield Public Safety Department and t'ne ~~Iet-ro Airport Commission security personnel; 2. Street improvements to be installed by the Minnesota Department of Transportation. The special assessment of adjacent property owners is to receive further consideration; and, 3. A weight limit would be established along Longfellow 1 Avenue to prohibit large vehicles. Mr. Priebe asked if council action would be necessary in order to have these improvements placed on the Minnesota Department of Transportation construction schedule. Staff said this is the action being sought by the city council tonight. Don Fondrick, Community Services Director, said weight limit signs had been placed along Longfellow Avenue today. He said MNDOT would pay for reconstruction of the street from b6th Street to ~gth Street, except for the installation of curb and gutter on the east side of Longfellow. He said it would be appropriate for the council to approve this project, leaving aside for the time being the potential special assessment of of curb and gutter costs. Discussion followed regarding the assessment amounts and previous city policy which had required property owners along -~ all city streets, including those which rPce'~ved State Aid Funds for road construction,.to pay assessinents for curb and 'gutter and strest cons+;ruction. Motion by Ludeman, second by ~{irsch to officially request the reconstruction of Longfellow Avenue to be placed on the MNDOT construction schedule as soon as possible. All voted aye, Motion carried. 11. B. Requestyfor.tempo-racy sign permit_at Richfield High School . ' - _ _ _ _ _ .. . _ _~.~_ _ - City Manager Cartwright reported that Ric'nfiet~i 'Nigh School had asked for a temporary sign permit to allow a twelve by twenty-five foot sign to be placed near the athletic. field at 70th and Lyndale to recognize those students receiving Presidential Achievement Awards. Motion by Ludeman, second by Priebe to approve the temporary sign permit as requested until June 9, 1984. All voted aye, Motion carried. 12. Claims and Payrolls Motion by Ludeman, second by Prie'oe to approve Claims and Payrolls as presented: RICHFIELD BANK & TRUST Checks 4506/4631, 70110/70377 $587 ,'T 80.22 SUMMIT STATE BANK Checks 1478/14g$ General $605,181.75 34371/34718 Payroll $237,702.75 All voted aye, Motion carried. 13. Adjournment Motion by Ludeman, second by~Kirsch, to adjourn the meeting. All voted aye, Motion carried. The meeting was adjourned at 10•:05 p.m. 1 Date Approved: June 11, 1984 lv Berg i y C er 1 M~,y 29 omissions in city council minutes-- 2. Consent Calendar A. Request for Illuminated Sign Permit, 6534 Penn Approve illuminated sign permit requested by Lawrence Signs Inc. for Back and Body Center located at 6534 Penn Avenue. E. Payments and Estimates Estimate No. 5, CP 767, Remodeling Fire Station 1 & 2, Maersten- Brenny Const. $19,407.30 F. Agreement with Urban Corp for Summer Interns _ Authorize agreement for participation in Urban Corps Program between City of Minneapolis and City of Richfield. 3. Planned Unit Dev eliminary Plat A ether Block Deve Approval, Special Use P ariances by Market Plaza Bill 1984-15, "Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", defining the boundaries of the various zoning districts 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-243) Motion by Kirsch, second by Ludeman that this constitute a first reading of Bi11 1984-15, and that second reading of this ordinance amendment be scheduled for June 25, 1984. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Motion Carried. 6. Resolutions Implementing the Installation of a Fire Suppression S stem Special Assessment for Richfield Shoppes North (Nicollet between 65th and 66th Street) Motion by Priebe, 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. 6902 RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS (RICHFIELD SHOPPES NORTH) May 29 Omissions. in City Council inutes -- Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Motion Carried. This resolution appears as Resolution No. 6902 in Resolution Book No. 51. 5. Resolution Authorizing Temporary~Fundinp~ for CP 793, 1984 Alle Improvement 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. 6896 RESOLUTION AUTHORIZING TRANSFER OF FUNDS FI.tOM PERMANENT IMPROVEMENT REVOLVING FUND TO CP 793, ALLEY IMPROVEMENTS TO P1tOVIDE INTERIM FINANCING OF SAID PROJECT Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Motion Carried. This resolution appears as Resolution No. 6896 in Resolution Book No. 51. 1