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07-22-1985 CITY OF RICHFIELD, MINNESOTA REGULAR COUNCIL MEETING JULY 22, 1985 MEMBERS PRESENT: John Hamilton, Mayor; Howard Bunce; Ivan Ludeman; Donald Priebe; and, Michael Sandahl. STAFF PRESENT: John Cartwright, City Manager; Steve Devieh, Administrative Services Director/Acting City Clerk; Clayton LeFevere, City Attorney; Dennis Kraft, Community Development Director; Jean ' Mitchell, Finance Manager; Sally Morton, Data Processing Manager. The meeting was called to order by Mayor Hamilton at 7:00 p. m. PLEDGE OF ALLEGIANCE [1 APPROVAL OF MINUTES M/Priebe, S/Bunce to approve Council Study Session of July_ Council/H.R.A.Meeting, ILN St and the regular meeting of Ju Motion carried 5-0. the mi ess~.on o 195. - he Special Cit City ulv 1 , 1985; Item ~~1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL Wayne LeBoeuf, President of Richfield Chamber of Commerce, thanked the City for it's assistance in hosting the upcoming America Legion Baseball Tournament and presented council members with tournament passes. Couneil.Member Ludeman thanked Richfield residents for their response and concern during his recent hospitalization... u~ Council Meeting Minutes -2- July 22, 1985 Item ~~2 A CITY STAFF REPORT ON THE PROPOSED SENIOR CITIZENS/ HANDICAPPED NEEDS ASSESSMENT PROJECT. C.L. N0. 265 City Manager Cartwright reviewed C.L. No. 265 concerning a staff report on the proposed Senior Citizens/Handicapped Needs Assessment Pro,jeet. Cartwright said that the City is forming a "focus" group of community leaders to provide direction for the project which will assess the physical and financial resources needed for the City to meet the long term needs of the elderly and handicapped. He recommended that two council members serve on the focus group. M/Bunee, S/Priebe to aAAoint Mike Sandahl and Ivan Ludeman to the focus group. Motion carried 5-0. Item 4k3 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Bunee that the council agenda be approved. Motion carried 5-0. Item~~k4 CONSENT CALENDAR A. ESTIMATE FOR COMMUNITY CENTER IMPROVEMENTS. LINDEN ELECTRIC $5,359 - C.L. 266. B. COUNCIL CONFIRMATION OF APPOINTMENT OF STEVE DEVICH AS ACTING CITY~MANAGER DURING VACATION ABSENCE OF CITY MANAGER. C.L. 267 C. AWARD OF CONTRACT FOR 1985 SIDEWALK, CURB AND GUTTER REPAIR. EDWARD WATSON CONSTRUCTION CO., INC. $0,611. C.L. 268. D. RENEWAL OF KENNEL LICENSE, ~ CATS, 7325 FREMONT AVENUE, RICHARD BURTIS. E. RENEWAL OF KENNEL LICENSE, 5 DOGS, 730 BLAISDELL AVENUE, HERMAN RUDE. F. NEW KENNEL LICENSE, 3 DOGS, 7537 NICOLLET AVENUE, THERESA KASBOHM. Council Meeting Minutes -3- July 22, 1985 G. REQUEST FOR FEE WAIVER ON ITINERANT FOOD LICENSE, ITINERANT AMUSEMENT LICENSE, AND NON-INTOXICATING LIQUOR LICENSE FOR ASSUMPTION FUN FEST, 305 EAST 77TH STREET, TO BE HELD ON AUGUST 17 AND 18, 1985. M/Ludeman, S/Bunce that the consent calendar be approved. Motion carried 5-0. Item ~5 PUBLIC HEARING ON AMENDMENTS TO PUD PLAN, FINAL PLAT AND EXHIBIT H OF THE DEVELOPER'S AGREEMENT FOR THE SALE OF LAND WITH MARKET PLAZA CORPORATION. C.L. 269 City Manager Cartwright reviewed C.L. No. 269 regarding proposed amendmants to the PUD Plan, Final Plat and Exhibit H of the Developer's Agreement for the Sale of Land with Market Plaza Corporation. Community Development Director Kraft described the proposed PUD Plan which provided for changes in the design of the Market Plaza pro~eet such as a reduced public mall area, additional commercial floor area, a change in the configuration of commercial and apartment buildings, the addition of four one- -bedroom apartment units, a decrease in parking spaces, the addition of a small maintenance building, and the elimination of a proposed driveway connection between Market Plaza and Wendy's restaurant. Mr. Kraft said that staff had reviewed the proposed changes and find them acceptable. He stated that the Planning Commission and HRA had reviewed the changes and recommended approval subject to 10 stipulations. The council discussed the stipulation proposed by .the Planning Commission that the developer be required to construct an off street area for loading and unloading at the 65th street entrance to the apartment complex. Lawrence Wozniczka, 6744 Wentworth Avenue, asked if a sidewalk would be constructed between Wendy's restaurant and the Market Plaza pro~eet. City Manager Cartwright responded that no sidewalk would be constructed to the rear of Wendy's because of the grade variation between the two properties. He added that a sidewalk will be constructed in front of Wendy's. Mr. Wozniczka also expressed a concern about the off street loading area on 65th Street and that the sign at 66th and Lyndale might interfere with the sidewalk. Council Meeting Minutes -~- July 22, 19$5 Mr. Cartwright suggested that the off street loading area on 65th Street not be ordered now, but that the developers agreement provide that the City could order the off street parking on 65th Street at the developers expense if it were found by the City to be necessary. He said that the parking spaces adjacent to the lobby of 65th Street would accomodate ears, small vans, and trailers. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. M/Ludeman, S/Sandahl to approve the Plan, Final Platy modifications to E developers agreement, and offstreet sub,jeet to_the 10 HRA approved stipu C.L. No. 2 9. Motion carried 5-0. PUD e arking agreement ations as stated in ~' I ~__ ~ Item ~~6 PUBLrC HEARING OF AN ORDINANCE AMENDMENT TO IMPLEMENT A HEARING OFFICER PROCESS TO HEAR ZONING VARIANCE REQUESTS. SECOND READING. C.L. 270. Community Development Director Kraft reviewed C.L. No. 270 regarding second reading of an ordinance amendment to implement a Hearing Officer process to hear zoning variance requests. The ordinance was amended from first reading to provide direct appeal to the City Council of any decision denying a variance of the hearing examiner. Mr. Kraft summarized the mayor provisions of the proposed ordinance stating that the ordinance would sunset after one year. Council Member Bunee questioned the size of the hearing examiner board and whether the hearing examiner(s) would be staff, commission members, or a combination thereof. The City Attorney said the members could be citizens, advisory board members, or City staff. There was council discussion of the number of hearng examiners to be selected. Council members felt once a board was selected, one hearing examiner would then be selected to hear each variance. Lawrence Wozniczka, 674 Wentworth, expressed a concern that the hearings would be conducted during the day when many people could not attend, and stated that the proposed ordinance appears to preclude appeals to variance decisions by affected neighbors. Council Meeting Minutes -5- July 22, 1985 City Attorney Le.Fevere said the ordinance provides that evenings were the primary time schedule for such hearings and, if a neighbor can demonstrate an interest in the decision of the hearing officer on a particular variance, that neighbor may make an appeal to the City Council. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. M/Sandahl, S/Ludeman that this constitute a Second Readin of Bill No. 1985-21, that it be published in the official newsnaner and that it be made part of these .minutes. Motion carried 5-0. Item #7 PUBLIC HEARING OF AN ORDINANCE AMENDMENT TO ALLOW BAY WINDOWS, BOW WINDOWS, OR OTHER TYPES OF WINDOWS TO EXTEND UP TO TWO AND ONE HALF FEET INTO THE REQUIRED FRONT AND REAR YARD SETBACK REQUIREMENTS. SECOND, READING. C.L. 271. --- City Manager Cartwright reviewed C.L. 271 regarding second .reading of an ordinance amendment to allow bay windows, bow windows, or other types of windows to extend up to two and one-half feet into the required front and rear yard setback requirements. M/Bunee, S/Ludeman to close the public hearing. Motion carried 5-0. M/Bunee,. S/Priebe that this constitute a Second Reading of Bill No. 1985-22, that it be published in the official.news- Dauer and that it be made part of these minutes.. Motion carried 5-0. City Staff was asked to send a letter to two residents currently in the process of constructing bay windows to inform them of council action on this matter. Item ~8 PUBLIC HEARING OF AN ORDINANCE AMENDMENT_RELATING TO STATE ELECTRICAL LICENSES FOR INSTALLERS OF POWER LIMITED ALARM CIRCUITS (TO BE CONTINUED TO AUGUST 2b, 1985). C.L. 272. Council Meeting. Minutes -6- July 22, 1985 City Manager Cartwright imformed the City Council that recent action taken by the special session of the state legislation resulted in significant changes to license requirements for power alarm circuit installations. Thus the ordinance now before the Council for Second Reading consideration will require extensive modification to conform with the new state statutes. The City Manager recommended that second reading of this ordinance be continued to the regular council meetinE of August 26, 1985 to allow adequate time to complete the necessary review and modification of the proposed ordinance. M/Ludeman, S/Sandahl to continue e.ouncil consideration of ordinance amendment relating to State electrical. licenses st ~o. -iyo5. council mee Motion carried 5-0. Item ~~9 A RESOLUTION APPROVING CONTINUATION OF A CONTRACT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES IN THE CITY OF RICHFIELD. C.L. 273. City Manager Cartwright reviewed C.L. 273 regarding the continuation of a contract with Hennepin County for assessing services in the City of Richfield. Mr. Cartwright stated that the contract before the City Council is a four year renewal agreement which would cover assessing services for the years 1985 through 1989. He added that the contractual assessing services provided by Hennepin County for the past four years have been very satisfactory and result in annual costs savings for the City. It is estimated that savings to the City under the contract for 1985 and 1986 would be at least $35,000,00 each year. Council Member Bunee stated that he was opposed to contracting for assessing services and felt the City should retain an in-house assessing staff. He added that he was also opposed to contractual services with the City of Bloomington concerning health inspections. Council Member Ludeman stated his opposition to the contract indicating that property valuations in Richfield increased substantially when Hennepin Councy began local assessing. Council Member Priebe indicated his support for the assessing contract with Hennepin County, citing the cost savings and level of servie•e provided by the County Assessor staff. 1 Gouneil Meeting Minutes -7- July 22, 1985 Several council members stated that they were not satisfied with the County appraisers presentations at the recent Board of Review. However, the Mayor added that Hennepin County assessing staff has indicated that prior to next year's Board of Review sessions, meetings will be held with the City Council to enhance the Board of Review process. Administrative Services Director Devich responded that Hennepin County staff has been extremely cooperative and willing to provide a high level of service to Richfield. He added that property valuations were set at a fair and equitable basis by the Hennepin County appraisers and that recently the Hennepin County Assessor raised the property valuation of certain cities such as Bloomington where it appeared that local assessors had set the property values too low. M/Sandahl, S/Ludeman that th adopted for a two year contract contract for two years instead o resolution book~and that it be m n the A RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A CONTRACT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES following resolution be the County would agree t four; that it be spread i e Hart of these minutes RESOLUTION N0. 7038 Motion carried 4-1. (Bunce opposed). This resolution appears as Resolution No. 7038 in Resolution Book No. 52. Item ~~10 A RESOLUTION RATIFYING JUNE 2 , 19 5 ACTION OF THE CITY COUNCIL IN CONNECTION WITH EXTENSIONS OF DISBURSEMENT DATE AND AMENDMENTS TO VARIOUS DOCUMENTS PERTAINING TO THE CITY'S $5,900,000 VARIABLE RATE DEMAND PURCHASE COMMERCIAL DEVELOPMENT REVENUE BONDS SERIES 1984 - (MARKET PLAZA COMMERCIAL JOINT VENTURE PROJECT) AND APPROVING FURTHER AMENDMENTS TO DOCUMENTS AND OTHER MATTERS IN CONNECTION WITH THE BONDS. C.L. 276. City Attorney LeFevere reviewed C.L. No. 276 concerning a resolution ratifying the June 24, 1985 Action of the City Council in connection with extensions of disbursement date and amendments- to various documents pertaining to the City's $5,900,000 Variable Rate Demand Purchase Commercial Development Revenue Bonds Series 1984 (Market Plaza Commercial Joint Venture Project). M/Sandahl, S/Ludeman adopted: that it be s that the following resolution be dread in the resolution book and that it be made part of these minutes ~• Council Meeting Minutes -8- July 22, 1985 RESOLUTION N0. 703g A RESOLUTION RATIFYING JUNE 24, 1985 ACTION OF THE CITY COUNCIL IN CONNECTION WITH EXTENSION OF DISBURSEMENT DATE AND AMENDMENTS TO VARIOUS DOCUMENTS PERTAINING TO THE CITY'S $5,.900,000 VARIABLE RATE DEMAND PURCHASE COMMERCIAL DEVELOPMENT REVENUE BONDS, SERIES 1984 (MARKET PLAZA COMMERCIAL JOINT VENTURE PROJECT) (the "BONDS") AND APPROVING FURTHER AMENDMENTS TO DOCUMENTS AND OTHER MATTERS IN CONNECTION WITH THE BONDS Motion carried 5-0. This resolution appears as Resolution No. 7039 in Resolution Book No. 52. Item X11 COUNCIL CONSIDERATION OF A STAFF RECOMMENDATION TO PURCHASE THE CITY'S PRESENT FOUR PHASE IV-95 COMPUTER SYSTEM. C.L. 274 Debra Chaney, 12816 Nicollet Avenue, representing Motorola IV-Phase, addressed the City Council regarding the City's options available with respect to lease or purchase of the IV-95 computer system. Ms. Chaney read a prepared statement to the council concluding that if the City attempted early termination of the current lease, Motorola would pursue all recourses open to the Company. She then presented council members with a packet of information on the current lease and copies of the statement read to the council. The Mayor and the Council agreed to discuss this matter further at a special meeting on July 29, 1985, 7:00 p. m. City Attorney LeFevere suggested that with the Motorola letter, it appears that under threat of litigation, the July 29, 1985, meeting could be a closed meeting. He stated that he would further research this matter and report back to city staff prior to the July 29 meeting. Eugene Suura, 6920 Newton Avenue South, asked questions regarding. the current agreement between IV-Phase and the city and said the city should look at other vendors. City Manager Cartwright responded that the city is now in the process of studying all options available with respect to data processing systems. Item ~~12 COUNCIL CONSIDERATION OF 19 5 LEGISLATION THAT PROVIDES FOR FUNDING THE UNFUNDED LIABILITY OF MUNICIPAL PENSION PLANS. C.L. 275. Council Meeting Minutes -9- July 22, 19$5 1 City Manager Cartwright reviewed C.L. No. 275 regarding 19$5 legislation that provides for funding the unfunded liability of municipal pension plans. Mr. Cartwright said that City staff will research this option with representatives of Miller & Schroeder Municipals, Inc. and report back to the council at a future meeting. Lawrence Wozniezka, 67~~ Wentworth A-venue South, raised a concern about any further bond issues ultimately raising the taxes levied against Richfield property owners. Administrative Services Director Devich responded that if this proposal were to be implemented, it would result in a net savings to taxpayers. Item ~~13.CONSIDERATION OF AN ENDORSEMENT FOR REPRESENTATION ON - THE REGIONAL TRANSIT BOARD. C.L. 277. - Mayor Hamilton indicated that the City Manager had mistakenly sent a letter to the Metro Council endorsing Allison Fuhr for appointment to the reorganized Regional Transit Board. Both the Mayor, who approved the letter, and the City Manager, were unaware that Juanita Collins of Richfield was on the Regional Transit Board and sought reappointment. The matter of endorsement for any candidate should have been placed on the Council agenda to obtain City Council direction. Mr. Cartwright said that the letter endorsing Allison Fuhr was removed from the Metro Council file. M/Priebe, S/Bunee to endorse Juanita Collins for appointmen to the Regional Transit Board. Motion carried 5-0. The City Manager was directed to send a letter to the Executive Director of the Metro Council endorsing Ms. Collins. Item ~~1~ COUNCIL DISCUSSION ITEMS None Council Meeting Minutes -10- July 22, 1985 Item ~~15 COUNCIL APPROVAL OF CLAIMS AND PAYROLLS M/Bunee, S1Ludeman that the following claims and payroll be approved RICHFIELD BANK AND TRUST Checks 60040/60650, 77756/78059 General $2,675,376.18 FIRST WESTERN BANK Cheeks 23670/24050 General $3,046,074.42 Checks 2229/2701 7/11/85 Payroll $ 276,744.15 MINNESOTA FEDERAL Check 10160 $ 50,000.00 Motion carried 5-0. _ _-_- -- ADJOURNMENT M/Ludeman, S/Bunee that the meeting adjourn. Motion carried 5-0. The meeting was adjourned at ~8:50 p.m.~ ~ ,~~~ Date ~pproved• 8/12/85 ohn Ha~I~~S " _ Mayor P Acting City Clem ~/` City Manag