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03-23-1987 CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING March 23, 1987 ~1EMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael Sandahl; Martin Kirsch; and Edwina Garcia. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Donald Fondrick; Community Services Director; Bruce Palmborg, Acting Community Development Director; Ron Richardson, Police Captain; and Clayton LeFevere, City Attorney The meeting was called to order by Mayor Hamilton at 7:05 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE A- The Spartan 4-H Club presented the colors and led t_he audience in the Pledge of Allegiance. Mayor Hamilton presented certificates of appreciation to the Spartan 4-H Club members who participated in the presentation of the colors. APPROVAL OF MINUTES M/Ludeman, S/Garcia to approve the minutes of the March 2, 1987 Study Session; and the regular meeting of March 9, 1987. Motion carried 5-0. Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the council. Council Meeting Minutes 2 March 23, 1987 Item ~2 PROCLAMATION DESIGNATING APRIL 11-18, 1987 AS RICHFIELD COMMUNITY DEVELOPMENT WEEK. C.L. 89. Mayor Hamilton read and presented a proclamation to Acting Community Development Director Palmborg designating April 11-18, 1987 as Richfield Community Development Week. Item #3 COUNCIL APPROVAL OF AGENDA Council Member Ludeman~requested that discussion of Milner Pond be added to the agenda. Mayor Hamilton stated that discussion of Milner Pond would be added to the agenda as Item 10A. M/Ludeman, S/Kirsch to approve the agenda as amended. Motion carried 5-0. Item ~4 CONSENT CALENDAR A. APPROVED AUTHORIZATION TO ERECT ILLUMINATED SIGN AT DESIGN FRAMING, 6423 PENN AVENUE, AND ILLUMINATED ROOFTOP BALLOON, WALSER MAZDA, 7745 PENN AVENUE. C.L. 90 B. APPROVED CONTRACT TO REMOVE LIME SLUDGE. C.L. 91 C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR COMPUTER EQUIPMENT. C.L. 92 D. APPROVED PURCHASE OF PUMPS FOR SLUDGE DEWATERING PLANT. C.L. 93 E. APPROVED AUTHORIZATION TO PURCHASE RADAR UNITS C.L. 94 F. APPROVED RESOLUTION APPROVING MASTER LABOR CONTRACT WITH LOCAL 49 FOR 1987-89. C.L. 95 RESOLUTION NO. 728$ RESOLUTION APPROVING THE MASTER LABOR AGREEMENT BETWEEN THE CITI' OF RICHFIELD AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 AFL/CIO FOR THE YEARS 1987, 1988 AND 1989 Council Meeting Minutes 3 March 23, 1987 G. APPROVED RESOLUTIONS APPROVING 1987 ALLEY PAVING CONTRACT C.L. 96 RESOLUTION NO. 7289 RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM PERr1ANENT IMPROVEMENT REVOLVING FUND TO CP 832 ALLEY IMPROVEMENTS TO PROVIDE INTERIM FINANCING OF SAID PROJECT RESOLUTION NO. 7290 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ALLEY PAVING AND APPURTENANT WORK CITY PROJECT NO. 832 H. APPROVED PURCHASE OF ELECTRIC CHECK VALVE FOR HIGH SERVICE PUMP AT WATER PLANT. C.L. 97 I. APPROVED ESTIMATE #5-GLANTON CONSTRUCTION CO. $92,183 FOR CEDAR LIQUOR STORE CONSTRUCTION J. APPROVED ESTIMATE #1-NORTHERN AIR FOR DELIVERY AND INSTALLATION OF WALK-IN COOLER AT CEDAR LIQUOR STORE X25,713 K. APPROVED ITINERANT LICENSE FOR RICHFIELD WOMEN OF TODAY _ FOR ONE DAY LICENSE FOR KIDDIE TRAIN AT AUGSBURG PARK FOR EASTER EGG HUNT-APRIL 4 {FEE WAIVED) M/Ludeman, S/Sandahl to approve the consent calendar. Motion carried 5-0. Item #5 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN FOR THE HAMPTON INN PROJECT (AMENDI~9ENT WOULD INCREASE NUMBER OF PARSING SPACES FOR THE PROJECT) C.L. 98. City Manager Prosser reviewed Council Letter No. 98 regarding a proposed amendment to the Final Development Plan for the Hampton Inn Project which would increase the parking on the site from 126 spaces to 147 spaces and modify the landscaping plan. Council Member Kirsch requested that the City Manager convey to the developer the suggestion of the Planning Commission that the developer maintain as many of the existing trees as possible on the site. Council Meeting Minutes 4 March 23, 1987 h1/Kirsch, S/Sandahl to approve the amended Final Development Plan for the Hampton Inn Project as presented in Council Letter No. 98. Motion carried 5-0. Item ~6 CONSIDERATION OF AMENDMENTS TO THE CONTRACT FOR PRIVATE DEVELOPMENT NITH PALSCO, INC. DEVELOPER OF THE HAMPTON INN, 77TH STREET AND LYNDALE AVENUE. C.L. 99. City Manager Prosser reviewed Council Letter No. 99 regarding proposed amendments to the contract for private development with PALSCO, Inc., the developer of the Hampton Inn, 77th Street and L,yndale Avenue, related to the construction performance dates, assessment agreement dates and modifications in the site plan to increase the number of on site parking spaces and to provide for a swimming pool. Ruth Larson, 7638 Harriet Avenue, stated she was not aware a swimming pool was to be a part of the project. City Manager Prosser indicated the location of the swimming pool and stated it would be an enclosed indoor pool. Council Member Ludeman asked about the phasing of the minimum market value and whether the developer would be using IDRB Bonds for financing. City Attorney LeFevere reviewed the schedule for the guaranteed minimum market value contained in the developers agreement. Acting Community Development Director Palmborg stated that the developer was not using IDRB's. He stated the 77th Street and 78th Street improvements in the area would be paid for by the tax increment generated by the Hampton Inn Project. He indicated an increment of approximately $935,000 would be generated and that the cost of purchasing the houses, right-of-way purchase and traf-fic improvements was estimated to be $600,000. He stated temporary traffic control measures may be necessary during the Hampton Inn construction prior to implementation of the permanent measures. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. Council Meeting Minutes 5 March 23, 1987 M/Ludeman, S/Kirsch to amend the contract for private development with PALSCO, Inc., developer of the Hampton Inn, 77th Street and LzTndale avenue as follows: Section 5.2 Completion of Construction. Change the completion of construction date from December 31, 1987 to December 31, 1988. Change the 50 percent completion date from December 31, 1986 to December 31, 1987. Section 7.1 Real Property Taxes (a) Change the dates in Exhibit E, the Assessment Agreement and Certifica Page 1 and 2, 1. shall be assessed January 2, 1988. shall be assessed January 2, 1989. shall be assessed date on which the to the HRA rather lion of Assessor as follows: The minimum market value of $2,060,000 January 2, 1989 rather than as stated The minimum market value of $2,660,000 January 2, 1990 rather than as stated The minimum market value of $3,402,000 as of January 2, 1991 and until the last tax increment will no longer be remitted than January 2, 1990 as stated. Exhibit C Project Plans for the site which indicates 135 parking spaces be modified to show 147 spaces and the addition of an attached structure of approximately 1,536 square feet to house a swimming pool. Motion carried 5-0. Item #7 SECOND READING AND PUBLIC HEARING TO AN ORDINANCB TO VACATE A PORTION OF PUBLIC RIGHT-OF-WAY ON THE NORTH- WEST CORNER OF 67TH STREET AND SHERIDAN AVENUE. C.L.100 Citv Manager Prosser reviewed Council Letter No. 100 regarding a proposed ordinance to vacate a portion ordinance to vacate a portion of the public right-of-way located on the northwest corner of 67th Street and Sheridan Avenue. Paul Gunderson, 6720 Upton Avenue, contractor for the property owner of 6644 Sheridan Avenue, asked if the 30 day publishing period could be waived so that construction could begin. City provision effective City be issued process r~ variance. Attorney LeFevere reviewed the reasons for the charter which states that an ordinance does not become until 30 days after it is published. Manager Prosser stated that a building permit would not until the effective date of the ordinance and that this squired less time than if the applicant had requested a Council Meeting Minutes 6 trlarch 23, 1987 Paul Gunderson noted that similar right-of-way situations exist and that the Planning Commission may suggest that these other excess right-of-way corners be vacated. City Manager Prosser stated that the next item on the agenda was a proposed ordinance amendment which would make it easier for the council to initiate such vacation procedures. M/Ludeman, S/Kirsch to close the public hearing. Motion carried 5-0. M/Ludeman, S/Kirsch that this constitute Second Reading of Bill No. 1987-5, Transitory Ordinance No 17.28, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #8 AN ORDINANCE AMENDING SECTION 12.04 SUBDIVISIONS 2 AND 3 OF THB CITY CODB RELATING TO THE PROCEDURE FOR VACATING STREETS. C.L. 101. City Manager Prosser reviewed Council Letter No. 101 regarding a proposed ordinance amendment which would permit the City Council to initiate proceedings to vacate public right-of- way . M/Ludeman, S/Sandahl that this constitute the First Reading of this ordinance and that the Public Hearing and Second Reading of the ordinance be scheduled for the April 13, 1987 cit council meeting. Motion carried 5-0. Item #9 CONSIDERATION OF A REQUEST FOR COUNCIL INITIATION REZONE THE PROPERTY AT 6945 PENN AVENUE FROM MR-2 MULTIPLE RESIDENTS TO C-1 LIMITED BUSINESS. C.L. TO 102 City Manager Prosser reviewed Council Letter No. 102 regarding a request by Mr. Donald A. Johnson that the city initiate a rezoning of the property at 6945 Penn Avenue from MR- 2, multiple residence to C-1, limited business. s Council Meeting Minutes 7 March 23, 1987 M/Kirsch, S/Sandahl that the city council initiate a request for the rezoning of the property at b9~5 Penn Avenue from MR-2, multiple residence, to C-1, limited. business by referring the matter to the Planning Commission for public hearing, review, and recommendations. ^iotion carried 5-0. Item #10 COUNCIL DISCUSSION ITEMS 10A. Milner Pond Council Member Ludeman stated that several residents had contacted him regarding the low level of water at Milner Pond. He requested that city staff inform the residents concerning city actions regarding this problem and inquired if the well which is in place could be activated to bring the level up. City Manager Prosser stated that city staff is now in the process of examining the water level fluctuations at Milner Pond and that the well will not be activated until this has been completed. He stated that the neighborhood would be kept informed on this issue. 10B. Addition to Council Agenda Mayor Hamilton stated that an agenda item for the review of correspondence with legislators and other groups will be added to the council agenda to keep the public informed of the actions of their elected officials. Mayor Hamilton also stated that~at future council meetings the city council will be giving recognition to various employee groups of the city that normally do not receive recognition, such as the dispatchers and snowplow operators. 10C. Sign Ordinance Review Council Member Garcia suggested that as part of the revised sign ordinance study being conducted by staff that the regulations regarding search lights and rooftop balloons also be addressed. Council Member Garcia stated that she had received calls regarding the appearance of properties in the city and that it is important that the appearance of the city be maintained to an acceptable standard. Council Meeting Minutes 8 March 23, 1987 Mayor Hamilton stated that city staff is currently drafting ordinances regarding rental property, apartments, and homes which would help in maintaining a positive image for the community. Council Member Garcia stated that it is important that follow up and enforcement procedures be initiated for these ordinances. Item ~1 CLAIMS AND PAYROLLS M/Ludeman, S/Garcia that the following claims and payrolls be ateproved RICHFIELD STATE BANK Checks 8348/8418, 88526/88713 FIRST MINNESOTA Check 1059 FIRST WESTERN BANK Checks 3553/3575 Checks 2501/2862 Motion carried 5-0. ADJOURNMBNT $842,668.79 $ 8,000.00 $643,278.24 Payroll $287,051.96 M/Sandahl, S/Garcia that the meeting adiourn. Motion carried 5-0. The meeting was adjourned at 7:43 p. Date Approved: 4/13/87 Thomas P. Ferber City Clerk ohn H~lilton Mayor r ~~~~ J m Prosser Ci y Manager ~i i ~~ 1