08-22-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
August 22, 1988
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; Michael Sandahl; and Martin Kirsch.
STAFF PRESENT: Steven Devich, Acting City Manager; Thomas P.
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Byron Wallace,
Community Development Director; John Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; and John Dean,.
City Attorney.
The meeting was called to order by Mayor Quam at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor, Quam led the audience in the Pledge of Allegiance.
PROCLAMATION DESIGNATING SEPTEMBER 3, 1988 DRIVE FOR LIFE DAY
Mayor Quam read a proclamation designating Saturday,
September 3, 1988 as Mothers Against Drunk Driving (MADD) Drive
for Life Day.
APPROVAL OF MINUTES
M/Kirsch, S/Sandahl to approve the minutes of the Study
Session Meeting on August 1, 1988.
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Motion carried 5-0.
M/Ludeman, S/Garcia to approve the minutes of the Regular
City Council Meeting on August 8, 1988.
Motion carried 5-0.
Council Meeting Minutes -2- August 22, 1988
Itev #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEMS NOT LISTED ON THE AGENDA.
Don Cederholm, 6214 5th Avenue, reviewed his concerns
regarding the increased assessed market valuation and taxes on
his property. He reviewed his survey of market value and
property tax percentage increases for properties of selected
public officials and stated that it was unfair that the increases
were not equal.
Acting City Manager Devich stated that the Hennepin County
property appraisers physically review 1/4 of the properties in
Richfield each year as required by state statute. He stated that
every property owner has the right to appeal their market value
to the Local Board of Review, Hennepin County Board and Tax
Court.
Council Member Sandahl stated that each property varies in
value because of the variable characteristics of properties.
Mayor Quam stated that values do not all change at the same
percentage because the variable conditions, locations, amenities
of properties.
Shannon KilKenny, 6626 10th Avenue South, asked what the
approximate percentage was of the assessed market value to actual
market value and how Richfield compares with other Hennepin
County Communities.
Acting City Manager Devich stated Richfield assessed market
values are at 92.8%. He stated the Hennepin County average is
93%.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Kirsch to approve the agenda.
Motion carried 5-0.
Ite^ #3 CONSENT CALENDAR
Council Member Ludeman requested that Consent Calendar Item
J. "Approval of Audit Services for the City Electronic Data
Processing Hardware and Software System" be removed from the
Consent Calendar for discussion.
Mayor Quam stated that Item J. "Approval of Audit Services
for the City Electronic Data Processing Hardware and Softwar
System" would be removed from the Consent Calendar and place de on
the Agenda as Item #11.
Council Meeting Minutes -3- August 22, 1988
A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR THE PURCHASE
OF ASPHALT FOR CART PATHS AT GOLF COURSE. C.L. 198
8. APPROVED MINUTES AND AWARD OF CONTRACT FOR THE' PURCHASE
IN EXCESS OF $5,000 FOR PURCHASE OF DEFIBRILLATOR FOR
THE FIRE DIVISION. C.L. 199
C. APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSE FOR
ROBERT D. LYDDON, 6733 10TH AVENUE - 3 DOGS.
D. APPROVED RENEWAL OF PIGEON LICENSE FOR GERALD VERNON,
6837 RUSSELL AVENUE.
E. APPROVED RESIDENTIAL KENNEL LICENSE FOR CLAIRE TODD,
7425 PLEASANT AVENUE - 3 DOGS, 2 CATS
F. APPROVED ESTIMATE ~~2 PAYMENT TO THOMAS H. STAHL, INC.
$10,615.86 FOR THE ACADEMY OF HOLY ANGELS FIRE
PROTECTION C.P.799 ARCHITECTURAL AND ENGINEERING
SERVICES.
G. APPROVED ESTIMATE ~~1, PAYMENT TO CODE ELECTRIC
$13,435.10 FOR ACADEMY OF HOLY ANGELS C.P. 799 AHA FIRE
&-LIFE SAFETY CODE RENOVATIONS.
H. APPROVED PAYMENT ~~'4, HILITE ELECTRIC C.P. 799 FIRE &
LIFE SAFETY RENOVATIONS $3,703.00 FOR ACADEMY OF HOLY
ANGELS.
I. APPROVED ESTIMATE ~~1, PAYMENT TO METRO BUILDING SYSTEMS
$13,347.00 FOR ACADEMY OF HOLY ANGEL C.P.799 FIRE &
LIFE SAFETY RENOVATIONS.
J. REMOVED FROM CONSENT CALENDAR TO BE CONSIDERED AS ITEM
~~ 11
M/Ludeman, S/Sandahl to approve the consent calendar as
amended.
Motion carried 5-0.
Item #~ CONSIDERATION OF AN ANENONENT TO THE CONDITIONAL USE
PEIRNIT FOR WA~.SER BUICK, 2100 HEST 78TH STREET AND 775
PENN AVENUE. C.L. 201
Actin g. City Manager Devich stated that Walser Automotive
requested that the public hearing regarding a proposed amendment
to their conditional use permit be continued.
Council Member Garcia acknowledged City Council receipt of
letters from residents regarding this issue.
Council Meeting Minutes -4- August 22, 1988
M/Ludeman, S/Sandahl to continue the public hearing for
consideration of a request by Walser Automotive for an amendment
to the existing conditional use permit for^2100 West 78th Street
and 7745 Penn Avenue to the September 12, 1988 City Council
meeting.
Motion carried 5-0.
Item #5 SECOND READING AND PUBLIC HEARING OF AN AMENDMENT TO
THE CITY CODE RELATING TO ACCOUNTING PROCEDURES FOR
MATER METER DEPOSITS. C.L. 202
Acting City Manager Devich reviewed Council Letter No. 202
regarding a proposed ordinance amendment relating to accounting
procedures for water meter deposits.
Council Member Ludeman asked what fund the deposits were
located and how they would be used.
Acting City Member Devich stated that the deposits were
recorded as a liability of the Water Utility Fund. He stated the
ordinance amendment would reclassify the deposits as contributed
capital in the Water Utility Fund.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated his
concerns regarding the proposed amendment's affect on water meter
deposits and questioned the funding of the replacement meters.
Community Services Director Fondrick reviewed the
replacement meter program and salvage of the old meters.
M/Ludeman, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Garcia that this constitute Second Reading of
Bill No. 1988-17, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Item #6 SECOND READING ANO PUBLIC HEARING OF AN AMENDMENT TO
THE CITY CODE ENTITLED SALARY REVIEM, TO BRING THE CITY
CODE INTO CONFORMANCE MITH THE CITY CHARTER.. C.L. 203
Acting City Manager Devich reviewed Council Letter No. 203
regarding a proposed ordinance amendment to bring the city code
section about council salary review into conformance with the
City Charter.
Lawrence Wozniczka, 6744 Wentworth Avenue, questioned using
December 1st as the date by which the salary review must occur.
Council Meeting Minutes -5- August 22, 1988
Council discussion followed noting that the salary review
normally occurs in the spring prior to budget time and that
December 1 is in the current ordinance.
M/Ludeman, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Kirsch, S/Ludeman that this constitute Second Reading of
Bill No. 1988-18, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Item #7 CONSIDERATION OF A RESOLUTION OF OPPOSITION TO
MULTIPLE POST RETIREMENT INFLATER MECHANISMS APPLICABLE
TO LOCAL POLICE ANO PAID FIREFIGHTER PENSION PLANS.
C. L . 204
Acting City Manager Devich reviewed Council Letter No. 204
recommending opposition to multiple post retirement inflater
mechanisms applicable to local police and paid firefighter
pension plans.
Mayor Quam amended the proposed resolution as follows:
First paragraph Delete: "...illogical, confusing,
unnecessary and disruptive."
Replace with: "a fiscally unsound practice for the City of
Richfield until such time that said plans are fully funded."
Delete: "If the legislature determines that "escalation"
(pension adjusted by the percentage increase of wages of
active members) presently in effect does not offer adequate
inflation protection, that mechanism should be adjusted or
abolished."
Delete: "However,"
Second paragraph Delete: "especially" and replace with
"similarly"
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes
M/Quam, S/Ludeman that the fo
that it be spread in the resolutio
of these minutest
-6-
RESOLUTION OF OPPOSITION TO MULTIPLE POST RETIREMENT
I.FLATER MECHANISMS APPLICABLE TO LOCAL POLICE AND
PAID FIREFIGHTER PENSION PLANS
art
Motion carried 5-0. This resolution appears as Resolution
No. 7438 in Resolution Book No. 56.
Ite® #8 CONSIDERATION OF CITY COUNCIL AUTHORIZATION OF ADVANCE
REFUNDING BOND SALE. C.L. 205
Acting City Manager Devich reviewed Council Letter No. 205
regarding authorization for the sale of $7,915,000 advance
refunding bond sale.
Wayne Burrggraaff, Evenson-Dodge Inc., reviewed the term of
the refunding bonds and current status of the bond market.
City Attorney Dean stated that item ~~ lc.iii of the proposed
resolution needs to be revised. He suggested that the city
council adopt the resolution by title and authorize staff to
insert the revision.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Sandahl,. S/Ludeman that the following resolution be
adopted; that it be spread in the resolution book and that it be
made part of these minutes:
RESOLUTION N0. 7439
RESOLUTION PROVIDING FOR THE ISSUANCE AND
SALE OF $7,915,000 GENERAL OBLIGATION
REFUNDING BONGS OF 1988
Motion carried 5-0. This resolution appears as Resolution
No. 7439 in Resolution Book No. 56.
1
August 22, 1988
RESOLUTION N0. 7438
Council Meeting Minutes -7- August 22, 1988
Item #9 CONSIDERATION OF A REQUEST TO AMEND THE OFF-STREET
PARKING PERMIT FOR 7600 CEDAR AVENUE TO CONSTRUCT
GARAGES. C.L. 206
Acting City Manager Devich reviewed Council Letter No. 206
regarding a request of Erwin Stobbe, owner of 7600 Cedar Avenue,
for an amendment to the existing offstreet parking permit to
allow the construction of 18 garages in the existing parking lot.
Council Member Kirsch asked if the proposed garages would be
impacted by the Highway 77 expansion.
Acting City Manager Devich stated their setback would leave
the garages out of any affected area.
Erwin Stobbe, owner of 7600 Cedar Avenue, reviewed the
proposal, and questioned the need for the required 26 foot drive
openings. He stated that 26 foot drive openings would adversely
affect existing parking spaces.
Council discussion followed regarding the potential taking
of additional right-of-way for the Highway 77 construction which
would require reconstruction of the curb openings. It was the
consensus of the council that it would be unreasonable to require
the widening of the curb opening now when it will be
reconstructed next year due to the highway improvements.
M/Kirsch, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Kirsch, S/Ludeman to approve the amendment to the
offstreet parking permit at 7600 Cedar Avenue to allow the
construction of 18 garages in the parking lot with the following
stipulations:
1. The curb cuts on Cedar Avenue be brought into
compliance with City minimum width requirement of 26
feet by the time that Highway 77 improvements are
completed; however, if required by the configuration of
the parking lot the applicant, with staff approval, can
reduce the width to 22 feet.
2. The trash enclosure meet the City requirements.
3. The parking spaces for compact car and handicap parking
be designated with appropriate signage.
Motion carried 5-0.
Council Meeting Minutes _ -8- August 22, 1988
Item #10 CONSIDERATION OF REINBURSENENT TO TRUCKER CONSTRUCTION
INC. FOR REIMBURSEMENT OF COSTS FOR DAMAGED PUMPING
EQUIPMENT AT THE SLUDGE DEMATERING PLANT AS A RESULT OF
JULY, 1987 STORN. C.L. 207
Acting City Manager Devich reviewed Council Letter No. 207
regarding settlement of a claim of Trucker Construction, Inc. for
reimbursement of costs incurred related to flood damaged pumping
equipment in the sludge dewatering plant.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked the purpose
of the $6600 payment.
Community Services Director Fondrick stated the
reimbursement was for labor, materials, and service related to
repair of the pumps resulting from the July, 1987 superstorm.
M/Ludeman, S/Kirsch to authorize a ment to Trucker
Construction, Inc. in the amount of 6,600 as reimbursement for
costs incurred as a result of theJ__u_ly, 1987 "superstorm" with
the following understandinQS:
1. All parties by or through whom a claim may be made are
satisfied.
2. The settlement fairly compensates the. contractor for
the actual expenses incurred as a result of the flood.
3. Trucker Construction, Inc. and all parties directly and
indirectly related to the work performed by Trucker
Construction, Inc. as a result of the July, 1987 flood
are made whole for expenses incurred because of the
storm.
4. The pumps which were damaged were owned by the City and
not the contractor.
Motion carried 5-0.
Item #11 APPROVAL OF AUDIT SERVICES FOR THE CITY'S ELECTRONIC
DATA PROCESSING HARDWARE AND SOFTWARE SYSTEM. C.L.200
Acting City Manager Devich reviewed Council Letter No. 200
regarding a proposal by the City's Auditor, Deloitte, Haskins &
Sells, for. EDP auditing services.
Council Member Ludeman stated his concern that controls
should have been built into the EDP system when it was purchased
and concern about the potential for being obligated for a four
year period for the service.
Council Meeting Minutes -9- August 22, 1988
Council Member Sandahl suggested that because Deloitte,
Haskins & Sells had recommended this audit, it would be advisable
to also send request for proposals to other companies.
M/Ludeman, S/Sandahl to authorize city staff to negotiate
with Deloitte, Haskins & Sells and request proposals from other
companies to provide audit services for the City's Electronic
Data Processing hardware and software systems.
Motion carried 5-0.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated that the
auditors should be able to provide controls at another level
rather than with the EDP system.
Mayor Quam stated it is prudent to assure system safeguards
and controls.
Item #12 CORRESPONDENCE/LEGISLATIVE REPORT
City Attorney Dean reviewed a letter from Herbst, Thue &
Matz, Ltd. stating the ordinance draft which they provided to the
city and was adopted on June 13th regarding the Cable Franchise
contained the wrong name of the new grantee. He stated it will
be necessary to amend the ordinance to correct the name.
It was the consensus of the council to schedule First
Reading of the amendment for September 12, 1988.
Item #13 COUNCIL DISCUSSION ITEMS
None
Item #14 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 10401-10453; 98139-98402 $862,653.14
FIRST MINNESOTA
Check 1075
FIRST WESTERN BANK
Checks 4486-4506
Checks 17654-17684;
$ 25,000.00
$538,711.77
17690-18137 Payroll $331,488.45
Mntinn carried 5-0.
Council Meeting Minutes -10-
ADJOURNMENT
M/Kirsch, S/Garcia that the meeting adiourn.
Motion carried 5-0.
The meeting was adjourned at 8:33 p.m.
Date Approved: 9/12/88
'~
v
Thomas P. Ferber
City Clerk
ven ~.
yam s u. crosser
C' y Manager
ayor
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August 22, 1988