11-26-1984CITY OF RICHFIELD, MINNESOTA
REGULAR COUNCIL MEETING
NOVEMBER 26, 1984
MEMBERS PRESENT: John Hamilton, Mayor; Howard Bunce; Martin
Kirsch; Ivan Ludeman; and, Donald Priebe
STAFF PRESENT: John Cartwright, City Manager; Clayton LeFevere, City
Attorney; Steven Devich, Acting Administrative Services
Director/Assistant City Manager; Don Fondrick,
Community Services Director; Dennis Kraft, Community
Development Director; Tom Morgan, Public Safety
Director; and, Sylvia Bergh, City Clerk
The meeting was called to order at 7:05 P.M.
PLEDGE OF ALLEGIANCE AND
PRESENTATION OF COLORS: Fred Babcock V.F.W. Post No. 5555
P
M/Ludeman, S/Bunce to a rove the minutes of the of the
~duled Meetine of November 13, a Special Joint City o
vass ection
Motion carried 5-0.
Item #1 ON` RE A 0 B CK V. .
POST N0. 5555 ~R OUTSTANDING COMMUNITY SERVICE
Lil Hipp, Director of the Community Center, described the "Access to
Vote" project which, together with the efforts of the V.F.W., assisted over 226
disabled persons to vote in the recent election. Mayor Hamilton presented a
plaque to the VFW representatives acknowledging the efforts of some fifty
people who made this project a success.
A reception was held for those at the meeting who had worked on this
effort.
Item #2 UN PR AL 0 A A
Mayor Hamilton requested the Council add appointments to the Community
Services Commission as an additional agenda item.
M/Bunce, S/Ludeman to approve the agenda as amended.
Motion carried 5.0.
Item #2 CONSENT CALENDAR
Council Meeting Minutes -2- November 26, 1984
M/Ludeman, S/Kirsch that the following items be approved:
A. Final Payment - W & G Richbein Bros., Inc. -Contract 2377 -
Lime Sludge Removal - $3&,795
B. Estimate #3 - Maertens Breny Construction -CP 781 -Additions
and Alterations to the Community Center - $12,749
C. Estimate #'I -Builders Engg Co. /First Bank Security - CP 7055 -
Play Equipment - $25,674
D. COUNCIL CONSIDERATION 'In APPROVE RESOLUTION CHANGING DATE OF PUBLIC
HEARING BUR VACATION OF PUBLIC RIGHT OF WAY, 74~I AND LIPTON FROM
DECMBER 10, 1~4 ~ JANUARY 14, 1985
E. COUNCIL CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 TO
REPLACE COOLER IIaUIPMENT AT LYNDALE LIQUOR STORE
Approve replacement of beer cooler doors, shelving, gravity flow racks
and lighting fixtures from Liquor Store Equipment and Supply Co. in the
amount of $12,375.
F. OOUNCIL CONSIDERATION OF RDaUEST FOR TEMPORARY ROOFT~ HELIUM BALLOON,
GROUND ROUND RESTAURANT
G. COUNCIL CONSIDERATION OF RFI~UEST FOR ILLUMINATID SIGN AT 6521 NTCOLLET
AVENUE
Motion carried 5-0.
Item #4 S 0 MRS.
FIRST AVFIViJE TO THE BUILDING AND FIRE CODE ORDERS
City Manager Cartwright reviewed the appeal of Mrs. Hazel Alvarez, of 6605
First Avenue, concerning tree violations of the building and fire code as
determined by Assistant Fire Chief Pat Coughlin. Mrs. Alvarez has been renting
areas of her home and has requested that she be allowed to retain at least one
of the tiro kitchens that have been placed in the rented living areas. (There
are a total of three kitchens in the house.)
Mr. Jerry Steele, general contractor from St. Paul, spoke on behalf of
Mrs. Alvarez' request. He said this house is a large structure and not econom-
ically viable for two people. He described the layout of the home and Mrs.
Alvarez' proposal to modify the kitchen and living area.
Council Member Priebe acknowledged that the house is so large that he would
reconsider his previous opposition to duplex rezoning if such a petition is
resubmitted.
Public Safety Director Morgan said the appeal is of Mr. Coughlin's fire
code violation citations. He stated that smoke detectors have been installed as
directed and the sleeping room in the basement eliminated.
Council Meeting Minutes -3- November 26, 1984
M/Ludeman, S/Kirsch to close the hearing.
Motion carried 5-0.
M/Kirsch, S/Ludeman to deny this appeal.
Motion carried 5-0.
Item #5 PUBLIC ARDI FOOD VENDI , D VENDI , BA
VENDING MACHINE FEES
-- -
City Manager Cartwright reviewed the proposed fees for food vending, drink
vending and tobacco vending machines for the year 1985. A flat fee of $18 for
such licenses was proposed based upon research conducted by the Public Safety
Director. Mr. Cartwright recommended the City Council adopt the resolution
providing for these fee increases.
Attorney Tom Bryant, representing Minnesota Automatic Merchandising
Council, (HANG) spoke in support of this fee level.
M/Bunce, S/Ludeman to close the hearing.
Motion carried 5-0.
M/Ludeman, S/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. 7960
RESOLUTION AMENDING CERTAIN PORTIONS OF
RESOLUTION N0. 6957 IN THE FOLLAWING RESPECTS WITH
REGARD TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE
OF THE CITY OF RICHFIELD AND RESCINDING THOSE PORTIONS
OF RESOLUTION N0. 6957 ~~ HEREIN APPLY
Mouton carried 5-0. This resolution appears as Resolution No. 7960 ~
Reso u ion Book o. 52.
Item #6 CO 0 RDa B C NO TY MP
APPEAR BEFORE THE CITY COUNCIL REGARDING MECHANICAL AMUSEMENT DEVICE
(VIDEO GAMES) LICENSE FEES
City Manager Cartwright reviewed the request for hearing of Twin City .
Novelty Company to .protest Richfield's license fees for mechanical amusement
devices located throughout the city. He said the 1985 license fee of $110 .per
machine was not considered excessive since three to four inspections are re-
quired by the Public Safety Department.
Twin City Novelty attorney, Robert Latz, IDS Center, said communities have
perceived video games to be lucrative and have based their fees accordingly.
He expressed his opposition to Richfield's "excessive" fee structure.
Council Meeting Minutes -4-
November 26, 1984
Mr. Gene Winstead, of Twin City Novelty, said his firm holds 40 licenses,.
most of which are placed in liquor/beer establishments and that they paid the
1984 fees "under protest". He also said he objected to the nontransferability
of licenses.
Public Safety Director Morgan said one cannot equate video game licenses to
those of food vending machines and that rotation of machines among locations is
of concern to enforcement.
Mayor Hamilton recommended that flxrther study be done on this matter and
that ~-l~e staff report back to the council. He urged the City staff to meet
with z~presentatives of the video game industry.
M/Ludeman, S/Kirsch to continue th3.s hearing.
Motion carried 5-0.
Item #7
LAND FOR PRIVATE DEVELOPMENT (MAY 14, 1984) BETWEEN THE CITY OF
RICHFIELD, HRA, MARKET PLAZA CORPORATION, THE ARKEL DEVELOPMENT
CORPORATION AND E. J. PLE5K0 AND ASSOCIATES, INC.
City Manager Cartwright advised the City Council that the development
contract of May 14, 1984 between the City, HRA, Market Plaza Corp, Arkell
Development Corp., and E. J. Plesko Assoc., Inc. requires amendments.
Community Development Director Kraft reviewed the revised project plans
for Market Plaza Development. It is proposed to increase the condominium
units from 136 to 157.
City Attorney LeFevere reviewed the Amendments to the 5.14.84 developer's
agreement as presented in Council Letter No. 407 as follows:
1. Provide that the letters of credit called for in the developer's
agreement can also be used as the required perforr-~nce bonds for
the off-street parking contract and the PUD performance.
2. Increase the EMV on the condominium project.
3. Provide for city equity participation in the commercial/
apartment component.
4. Provide that there shall be separate assessments agreements
and deficiency agreements (in the event captured assessment
values are insufficient to meet debt service on the TIF bond
issue) for each project component.
5. Incorporate the revised project plans into the Developer's
Agreement.
6. Provide that each component can be issued a certificate of
completion when ready for occupancy.
Lawrence Wozniczka, 674.4. Wentworth, spoke in opposition to the project.
M/Ludeman, S/Priebe to close the hearing.
Council Meeting Minutes -5- November 26, 1984
Motion carried 5-0.
M/Ludeman, S/Kirsch to a rove the amendments and revised exhibits
to the unit mix and size, erti ica____o_f ompletion, Assessment Agreem
~e tars o' ,re and greement to Pay Deficiencies.
Motion carried 5-0.
Item #8 C T ON ROPO TD I
SECTION 3.47, TEMPORARY ELECTION SIGNS. SECOND READING.
City Manager Cartwright reviewed the proposed amendments to the Temporary
Election Sign Ordinance, as presented in Council Letter No. 409. He indicated
eight municipalities were surveyed'to determine what type of restrictions .are
placed on political sign placement and noted that none surveyed allow signs
placed on the public right of way.
M/Ludeman, S/Kirsch to close the hearing.
Motion carried 5-0.
M/Kirsch, S/Ludeman to amend ra (2) to read, "No sign may__be placed
earlier than the Saturda closest to 90 da s be ore the eneral ec al or
schoo a ec ion to which the sign relates."
~,
Motion carried 5-0.
M/Priebe, S/Bunce to amend para. ,(1) by deleting the last sentence.
Motion carried 5-0.
Bill 1984-21., "Amendment to Chapter III, Part V, Section 3.47, Subdivision
19, 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-249) ,
M/Ludeman, S/Kirsch that this constitute a second reading of Bill 19_ 84-21,
as amended that it be u~~ished in the official new a er and that it be made
a par of these minutes.
__r.____._~.
Motion carried 5-0.
Item #9 N 0 I RY 0 PRO I R
INfPROVEMENTS. FIRST READING.
City Manager Cartwright presented a Transitory Ordinance providing for
certain capital improvements, as stated in Council Letter No. 416,for City__
Council first reading consideration. He recommended approval of this ordinance
which would authorize appropriating monies from the Special Revenue Fund to
complete these capital improvements as provided for in the 1984 revised Capital
Improvement Budget.
Council Meeting Minutes -6- November 26, 1984.
Bill 1984-23, Transitory Ordinance No. 17.17, "An Ordinance Providing for
the Expenditure of Money from the Special Revenue Fund for Certain Capital
I~rovements", was read and reviewed by City Attorney Clayton LeFevere, the
same being on file in the office of the city clerk. (C-252)
M/Priebe, S/Ludeman that this constitute a first reading of Bill
that second reading of this ordinance amendment be scheduled for
Motion carried 5-0.
AD
Item #10 ~$ Y ~
COUNCIL FOR ADDITIONAL FUNDING FOR THE H.O.M.E. PROGRAM
City Manager Cartwright reported that the Senior Citizens/Handicapped
Commission had recommended that the City Council authorize additional funding
to the South Hennepin Human Services Council in the amount of $5,000 for
maintenance of their H.O.M.E. program. This recommendation was considered
after an appeal by Debbra Determan for additional funding on October 22, 1984.
He said that Edina and Bloomington are also supporting additior~l funding for
this program in their areas.
M/Ludeman, S/Kirsch to authorize a su lemental allocation of $5 000 to the
H.O.M.E. ro am such to be taken from the conomic Develo went L H N
acti sub ec to a royal of enne in oun of the un transfer an docu-
men on e a un alloca on o 200 en
expen a for scal year 198 .
Motion carried 5--0.
Item #11 COUN N 0 A R RARY R I
404 VEST 65TH STREET
City Manager Cartwright reviewed the request for a temporary ground sign
from Dr. Mark S. Johnson to publicize his new dental office at 404 West 65th
Street. He recommended Council approval of this sign request if the applicant
agrees to reduce the size to a maximum of 12 feet.
M/Ludeman, S/Priebe to a rove the erection of this to ora si with th
stipulation that it not exceed a maximum s ze_o__1.2_feet.
Motion carried 5-0.
Item #12 COUNCIL CON IDERATION 0 APROPOS FRO CUMMTNGS, K AND
EXAMINE 1984 FINANCIAL STATEN~NTS '
City Manager Cartwright presented the proposal of Cummings, Keegan & Co,
auditors, to perform auditing services of the 1984 financial records. The City
Council Meeting Minutes -7-
November 26, 1984
Manager indicated that it had been the wish of the staff to seek proposals from
other auditing firms for the coming year, but staff turnover had prevented this
effort. He recommended the Council authorize the firm of Cummings, Keegan &
Co. to perform these auditing services for the 1984 financial year and solicit
proposals for auditing services in the coming year.
Council Member Priebe recommended that two Council Members ~ allowed to
participate in the selection of the next auditing firm.
M/Ludeman, S/Priebe to a rove the ro osed contract of Curmnin s Kee &
Co. to conduct the 1984 au in ___e amount of 0,000.
Motion carried 5-0.
Item #13 CO ERATI N OF TIO P L NG~ON
DECEMBER 10, 1984 ~ CONSIDER POLICIF~ NECESSARY TO PRESERVE
RICHFIELD'S ACCESS ~ MORTGAGE SUBSIDY BONDS IN 1985
City Manager Cartwright recommended the City Council schedule a public
hearing on December 10, 1984 to consider housing, development and income
distribution policies that should be followed in the distribution of mortgage
subsidy bonds or tax exempt bonds which are utilized to aid first time home
buyers in obtaining below market interest rate mortgages.
P4/Bunce, S/Kirsch that the followin resolution be ado ted• that it be
spread in the resolution ok and that it be made a part of these minutes:
RESOLUTION N0. 6971
RESOLUTION CALLING FOR A PUBLIC
HEARING ON THE ADOPTION OF A HOUSING
REPORT TO BE SUBMITTED TO THE SECRETARY OF TIC
UNITID STATES TREASURY
Motion carried 5-0. This resolution appears as Resolution No. 6871 in
Reso u ion Boo o.
Item #14 RESO P' OVIDING R L R0
COVERAGES AND PREMIUMS (TERM LIFE INSURANCE, DENTAL INSURANCE,
HEALTH INSURANCE, AND SHORT TERM DISABILITY INSURANCE)
City Manager Cartwright reviewed the insurance coverages that are proposed
for the General Services and Management employees for 1985. He recommended
Council approval by adoption of a resolution providing for these benefits.
Acting Administrative Services Director/Assi'stant City Manager Devich
responded to council questions. He said premium increases were lower than.
anticipated this year, enabling staff to equalize insurance benefits between
"unorganized" and union represented employee groups.
M/Ludeman, S/Bunce that the following resolution be adopted; that it be
spread in_the resolution book and that it be-made a art of these minutes:
Council Meeting Minutes -8- November 26, 1984
RESOLUTION N0. 6972
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
ZOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE
PREMIUM FOR GENERAL SERVICES AND MANAGEN~TT EMPTAYEES
Motion carried 5-0. This resolution appears as Resolution No. 6972 in
Reso ution oo No. 52.
Item #15 C NSIDERAT 0 PROPOSAL TO FUND A RO IO AL B OCHURE
'TO HIGHLIGHT THE ADVANTAGES OF OUR CITY AND SCHOOL SYSTEM
City Manager Cartwright reviewed the proposal of a promotional brochure
which would be produced jointly by the School District, Chamber of Commerce and
the City. This brochure would promote the benefits of living in Richfield for
use by realtors, financial institutions, CY~mber of Commerce, school district
and City government. Total cost of the brochure is estimated between $11,000 to
$15,000 with the school district and City sharing the cost. The HRA was also
approached on this matter and has agreed to share half of the City cost. The
City Manager recommended City Council approval of this arrangement.
M/Priebe, S/Ludeman to
half of the $7,500 cost to
Motion carried 5-0.
oral Fund Bud
Item #16 CO 5 ON B I R 17, 984.
AUTHORIZE HOUSING MORTGAGE REVENUE BONDS FOR THE MARKET PLAZA PROJECT
City Manager Cartwrigh
date of December 17, 1984,
mortgage revenue bonds for
project. He said the yeas
mandates that the address
hearing.
M/Ludeman, S/Kirsch
:ial City Council me+
Motion carried 5-0.
Item #17 C UNC L ICE
t recommended the City Council set a public hearing
to hold an additional hearing on the sale of housing
the apartment phase of the Market Plaza, Inc.
on for an additional hearing is that new federal law
of the project must be included in the public
for December 1
(16A) Mayor Hamilton advised that Mr. Giese and Mr. Sandahl have resigned
from the Community Services Commission and he asked that Council consider the
appointment of Mr. John Takekawa and Ms. Emily Day to serve in that capacity.
M/Ludeman, S/Priebe to a oint John Takekawa to serve a term a irin
January 31, 1987 and Emily Day a term expiring_January 31, 1988.
~'
~,
Council Meeting Minutes -9-
November 26, 1984
Item #18
M/Ludeman/~{irsch that the following claims and payrolls be approved:
RICHFIELD BA1~{ & TRUST
Checks 5142/5178, 73570/73896 $ 218,956.18
FIRST WESTERN BANi{
Checks 1867/1896 General
Checks 39746/40096 Payroll
MINNESOTA FEDERAL
Check 1004
Motion carried 5-0.-
0 T
M/Ludeman, S/Priebe that the mee
Date Approved: December 10, 1984
y v r er
$1,072,576.48
$ 235,684.76
$ 50,000.00