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06-14-1993CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING June 14, 1993 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ Susag; and Don Priebe. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas Ferber, City Clerk; Donald Fondrick, Community Services Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; Bruce Palmborg, Housing and Redevelopment Coordinator; Corrine Heine, Assistant City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. 1 APPROVAL OF MINUTES Council Member Rosenberg requested amendment of the May 24, 1993 City Council minutes on page 6, to correct the vote on the motion for Item #8 to read as follows: Motion carried 4-1. SRosenberg opposed) M/Susag, S/Priebe to approve the minutes of the regular City Council Meeting of May 24, 1993 as amended; the minutes of the Special City Council Study Session of June 7, 1993; and, the regular City Council Study Session of June 7. 1993. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the Council. i ~` Item #2 PRESENTATION OF GENE JACOBSEN CITIZEN OF THE YEAR AWARD TO GARNETT KIRCHNER. C.L. N0. 159 Ben Arriola, Vice Chair of the Human Rights Commission, presented the 1992 Gene Jacobsen Citizen of the Year award to Garnett Kirchner in recognition of her long history of committment to the attitudes and practices that foster human understanding, tolerance and the spirit of human relations in the community and throughout the world. Council Meeting Minutes -2- June 14, 1993 Item #3 PRESENTATION OF CERTIFICATES OF APPRECIATION TO 1993 MISS RICHFIELD CANDIDATES. C.L. NO. 160 Council Member Sandahl read and presented Certificates of Appreciation to the following 1993-1994 Miss Richfield candidates and 1992-1993 Richfield Royalty: Miss Richfield candidates 1993-1994 Heather Borchardt Karin Markes Kara Murphy Hrigette Myre Amber Picciandra Rachel Raygor Andrea Schulte Lisa Schwenke Teresa Vernon Alison Witthans Richfield 1992-1993 Royalty Miss Richfield Jennifer Eidsmo Princess Amy Clendening Princess Karen Lindstrom The City Council acknowledged the Richfield Tourism Promotion Board for their donation to fund the Miss Richfield activities. Item #4 COUNCIL APPROVAL OF AGENDA M/Susag, S/Sandahl to approve the agenda. Motion carried 5-O. Item #5 CONSENT CALENDAR 5A. APPROVED 1993 AND 1994 AGREEMENT WITH CITY OF MINNEAPOLIS FOR PARTICIPATION IN URBAN CORPS INTERN PROGRAM C.L. 161 B. APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR ALLEY MAINTENANCE AND SNOWPLOWING FOR JANUARY 1, 1992 TO DECEMBER 31, 1992, CITY PROJECT NO. 872, AND SETTING DATE OF HEARING FOR JULY 26, 1993 C.L. 162 Council Meeting Minutes -3- June 14, 1993 RESOLUTION N0. 8020 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1992 ALLEY MAINTENANCE AND SNOWPLOWING - CITY PROJECT NO. 872 This resolution appears as Resolution No. 8020 in Resolution Book No. 62. RESOLUTION NO. 8021 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 1992 ALLEY MAINTENANCE - CITY PROJECT NO. 872 This resolution appears as Resolution No. 8021 in Resolution Book No. 62. C. APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1994 ALLEY MAINTENANCE SPECIAL ASSESSMENT PROJECT, CITY PROJECT NO. 893, AND SETTING DATE OF HEARING FOR JULY 26, 1993 C.L. 163 RESOLUTION NO. 8022 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED FOR ALLEY MAINTENANCE IN THE CITY OF RICHFIELD JANUARY 1, 1994 THROUGH DECEMBER 31, 1994 CITY PROJECT NO. 893 This resolution appears as Resolution No. 8022 in Resolution Book No. 62. D. APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR CITY PROJECT N0. 873, 1992 LHN MAINTENANCE, AND SETTING DATE OF HEARING FOR JULY 26 1993 C.L. 164 RESOLUTION N0. 8023 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1992 THROUGH DECEMBER 31, 1992 CITY PROJECT NO. 873 This resolution appears as Resolution No. 8023 in Resolution Book No. 62. RESOLUTION N0. 8024 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1992 THROUGH DECEMBER 31, 1992 CITY PROJECT N0. 873 This resolution appears as Resolution No. 8024 in Resolution Hook No. 62. Council Meeting Minutes -4- June 14, 1993 E. APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1994 MAINTENANCE ASSESSMENTS, LHN REDEVELOPMENT AREA, CITY PROJECT NO. 891, AND SETTING DATE OF HEARING FOR JULY 26, 1993 C.L. 165 RESOLUTION NO. 8025 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET PROJECT AREA FOR THE PERIOD JANUARY 1, 1994 THROUGH DECEMBER 31, 1994 CITY PROJECT NO. 891 This resolution appears as Resolution No. 8025 in Resolution Book No. 62. F. APPROVED RESOLUTIONS DECLARING COSTS TO ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR CITY PROJECT N0. 874, 1992 ILN MAINTENANCE, AND SETTING DATE OF HEARING FOR JULY 26, 1993 C.L. 166 RESOLUTION N0. 8026 PE50LUTION DECL~'iF3ING COSTS TO BE 1!,SSE55ED AND 0~3DEF~ING PREPARATION OF PROPOSED ASSESSMENT FOR ILN MAINTENANCE JANUARY 1, 1992 THROUGH DECEMBER 31, 1992 CITY PROJECT NO. 874 This resolution appears as Resolution No. 8026 in Resolution Book No. 62. RESOLUTION NO. 8027 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR ILN MAINTENANCE JANUARY 1, 1992 THROUGH DECEMBER 31, 1992 CITY PROJECT NO. 874 This resolution appears as Resolution No. 8027 in Resolution Book No. 62. G. APPROVED 1994 MAINTENANCE ASSESSMENTS FOR ILN PROJECT AREA, PROPOSED CITY PROJECT NO. 895 C.L. 167 H. APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR JANUARY 1, 1992 TO DECEMBER 31, 1992, ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE OF HEARING FOR JULY 26, 1993 C.L. 168 RESOLUTION NO. 8028 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1992 TO DECEMBER 31, 1992 r--, This resolution appears as Resolution No. 8028 in Resolution Book No. 62. Council Meeting Minutes -5- June 14, 1993 RESOLUTION NO. 8029 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1992 TO DECEMBER 31, 1992 This resolution appears as Resolution No. 8029 in Resolution Book No. 62. I. APPROVED PURCHASE IN EXCESS OF $5,000 FOR BI-LEVEL METAL HALIDE LIGHT FIXTURES AT THE ICE ARENA FROM STERLING ELECTRIC IN AMOUNT OF $13,772.58 C.L. 169 J. APPROVED REQUEST FOR NEW 1993 AUTO DETAILING LICENSE FOR SUNSET AUTO DETAIL, 904 WEST 77~ STREET C.L. 170 K. APPROVED ESTIMATE #4 PAYMENT FOR CONSTRUCTION AND INSTALLATION OF MINIATURE GOLF COURSE; OLYMPIC POOLS, INC.; $49,039.20 L. APPROVED FIRST AND FINAL PAYMENT FOR CONSTRUCTION OF RICH ACRES GOLF COURSE POLE BUILDING; EBERT, INC.; $37,645.00 M/Sandahl, S/Susag to approve the consent calendar. Motion carried 5-0. Item #6 PUBLIC HEARING AND CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING THE RICHFIELD CITY CHARTER REGARDING BOND REFERENDUMS. C.L. NO. 171 City Manager Prosser reviewed Council Letter No. 171 regarding a proposed Charter amendment which would provide that prior to deciding whether to request voter approval of a bond referendum, the City Council must conduct a public hearing proceeded by notice published in the newspaper. Mark Cramer, 7000 5th Avenue, member of the Charter Commission, stated that the Charter Commission recommends that the City Council adopt this amendment. Assistant City Attorney Heine reviewed the procedures to amend the City Charter. M/Susag, S/Sandahl to close the public hearina. Motion carried 5-0. Council Meeting Minutes -6- June 14, 1993 M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1993-7, amending the Richfield City Charter; that it__be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #7 PUBLIC HEARING AND CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING SECTION 840 OF CITY CODE FOR REGULATION OF PUBLIC PARKS. C.L. NO. 172 City Manager Prosser reviewed Council Letter No. 172 regarding a proposed ordinance amendment to Section 840 of the City Code to require permits for certain organized activities in public parks. Kristal Stokes, 6733 17th Avenue, asked if the Community Services Commission had an opportunity to discuss this issue. Community Services Director Fondrick stated that the issue had been discussed a couple of years ago by the Commission as a result of a park use conflict. He indicated no formal action had been taken by the Commission on this proposed ordinance amendment. Council Member Priebe noted that it was usually the practice to have this type of issue reviewed by the appropriate commission for a recommendation. He asked Mr. Prosser if it would be appropriate to defer this amendment to the Community Services Commission for review and recommendation. City Manager Prosser stated that the City Council could defer adoption of the ordinance amendment until review and recommendation by the Community Services Commission; or the City Council could adopt the amendment and refer it to the Community Services Commission for review. He said that if the Community Services Commission recommended changes in the ordinance, the City Council could then consider amending the ordinance to include the appropriate changes. Discussion followed regarding the timing of the effective date of the ordinance as related to the review time frame. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1993-8, amending Section 840 requiring permits for organized activities in public parks; and that the City Council recommends that the Community Services Commission review this ordinance for potential recommendation for amendment; that it be Dublished in the official__newspaper and that it be made Hart of these minutes. f 1 Motion carried 3-2. (Priebe, Rosenberg opposed) Council Meeting Minutes -7- June 14, 1993 Item #8 PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING ESTABLISHMENT OF RICHFIELD REDEVELOPMENT PROJECT AREA AND MODIFICATIONS TO EXISTING REDEVELOPMENT~PROJECT AREAS AND TAX INCREMENT DISTRICTS (LHN, ILN, PASSS, CABA AND RICHFIELD REDISCOVERED). C.L. NO. 173 City Manager Prosser reviewed Council Letter No. 173 regarding the proposed establishment of the Richfield Redevelopment Project Area and modifications to existing redevelopment project areas and tax increment districts (LHN, ILN, PASSS, CABA, and Richfield Rediscovered). He reviewed and distributed the following proposed addition to the resolution under consideration: "The financial status of each individual tax increment financing district shall be reported on an annual basis in the format shown in Appendix C." Betty Carr, 6633 Lynwood Boulevard, asked questions about the changes in T.I.F. district boundaries and the impact on bond retirement. Assistant City Attorney Heine reviewed the State Statute regulations concerning T.I.F. boundary changes. City Manager Prosser stated that the pooling of the tax increment districts will not lengthen the debt service schedules of the districts. Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns and questions regarding the following issues: - His preference for inclusion of the whole City within the new district boundary. - The negative cash flow in the LHN anticipated in 1994- 1996. - Clarification of the estimated cash flows from this proposal. - The impact of removing the Corporate Travel Building from the T.I.F. district. - The reporting of the T.I.F. district performance and procedures for use of the funds. City Manager Prosser reviewed the issues of combining the existing T.I.F. districts versus including the whole City. He stated the City Council would review the district performance annually to determine the amount of cash flow available for allocation to the development fund. He stated it was a policy issue as to whether to exclude the Corporate Travel property relative to the advantages/disadvantages of this action. Council Meeting Minutes -8- June 14, 1993 Sid Inman, Publicorp, Inc., stated that state law required reporting of T.I.F. district performance and that the City would provide additional district performance reports. He stated the negative cash flows referred to by Mr. Wozniczka indicated end of year but not cumulative cash flow; at no time does the cumulative cash balance go below $3 million. Mr. Inman reviewed the impact of excluding the Corporate Travel Building from the T.I.F. district indicating that the deletion will mean the project cash flow would benefit by approximately $125,000. He indicated the cost to a property owner of an $85,000 property would be 83~ for eight years for returning this to the regular tax base. He reviewed the positive impact on the financial perspective of the City's bond rating which may result from this action. Council Member Priebe discussed the potential impact on School District referendum levies and tax capacity of the proposed establishment of the Redevelopment District Plan. Mr. Inman reviewed the statutory and policy issues related to the impact on school referendum levies. Roger Stern, 7714 12th Avenue, Richfield Independent School District 280 Board Member, stated that the Sch©©? Board s~pp©rts approval of this Redevelopment Plan. Joan Helmberger, 6914 Park Avenue, HRA Member, stated support for adoption of this Redevelopment Plan. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag that the following resolution be adopted as amended; that it be spread in the resolution book and that it be made part of these minutess RESOLUTION NO. 8030 RESOLUTION APPROVING THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND MODIFICATION OF CERTAIN REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS M/Priebe to amend the main motion to direct that the CorQorate Travel property remain in the ILN tax increment district and not be deleted as proposed. Motion failed for lack of second. The roll was then taken for the main motion. Motion carried 5-0. This resolution appears as Resolution No. 8030 in Resolution Book No. 62. Council Meeting Minutes -9- June 14, 1993 Item #9 CONSIDERATION OF RESOLUTION REGARDING AN ETHICS POLICY FOR RICHFIELD CITY EMPLOYEES. C.L. NO. 174 City Manager Prosser reviewed Council Letter No. 174 regarding a proposed ethics policy for City employees. M/Susag, S/Priebe that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8031 RESOLUTION ADOPTING A CODE OF ETHICS FOR RICHFIELD CITY EMPLOYEES Motion carried 4-0. (Sandahl not present when vote was recorded) This resolution appears as Resolution No. 8031 in Resolution Book No. 62. Item #10 CONSIDERATION OF APPOINTMENTS TO RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL (DEFERRED FROM MARCH 8, 1993) C.L. NO. 175 Council Member Rosenberg proposed the appointment of Lorraine Schreyer as the Human Services Commission representative and Joan Helmberger as the Housing and Redevelopment Authority representative to the Richfield Community Human Services Planning Council (RCHSPC). M/Rosenberg, S/Susag to apooint the following to the Richfield Community Human Services Planning Council: Lorraine Schreyer Human Services Commission Representative Joan Helmberger Housing and Redevelopment Authority Representative and that the length of the RCHSPC member's term of service will be the same as the individuals term on the Board/Commission being represented. Motion carried 4-0. (Sandahl not present when vote recorded) Council Meeting Minutes -10- June 14, 1993 Item #11 CONSIDERATION OF AWARD OF CONTRACT FOR PHASE I CONSTRUCTION OF 77TH STREET IMPROVEMENT PROJECT TO SHAFER CONTRACTING COMPANY, INC. IN AMOUNT OF $6,877,149.96 AND APPROVAL OF PAYMENT OF $106,109.50 FROM WATER UTILITY FOR LOCAL SHARE OF COSTS FOR IMPROVEMENT IN WATER SYSTEM. C.L. NO. 176 City Manager Prosser reviewed Council Letter No. 176 regarding the City's recommendation to MnDOT for the award of contract for Phase I of the 77th Street construction project. M/Susag, S/Rosenberg that the City Council recommends the award of contract for Phase I construction of the 77th Street improvements be made to Shafer Contracting Company, Inc. in the amount of 56,877 149.96 and that the City Council approves the payment of 5106,109.50 from the Water Utility Fund for the local share of the costs for improvements in the water system as part of Phase I of the 77th Street project. Motion carried 5~0. Item #12 CONSIDERATION OF AWARD OF CONTRACT FOR NEW MAIN LINE AND MINI-CAMERA SEWER TV SYSTEM FROM CUES, INC. IN AMOUNT OF $63,884.00 C.L. NO. 1777 City Manager Prosser reviewed Council Letter No. 177 regarding the bids received for a main line sewer TV trailer system and mini-camera. M/Susag, S/Sandahl to award a contract for a main line sewer TV trailer system and mini-camera to CUES Inc. in a total amount of 563,884,00. Motion carried 5-0. Item #13 CONSIDERATION OF AUTHORIZATION OF FUNDING FOR PHASE ONE MARKETING, PLANNING AND SERVICES TO TWIN CITIES METROPOLITAN AREA HIGH SPEED BUS PLAN DEVELOPMENT IN AMOUNT NOT TO EXCEED $12,125.00 C.L. NO. 178 City Manager Prosser reviewed Council Letter No. 178 regarding a proposal for funding and participation with Dakota County in a marketing and planning study of a Twin Cities Metropolitan Area High Speed Bus Plan. Council Meeting Minutes -11- June 14, 1993 Council Member Sandahl asked about the source of funds for the study. City Manager Prosser stated the funding source has not yet been specifically determined but indicated that funding may come from fund balance at year end. Council Member Priebe asked questions regarding the specific advantages for Richfield to participate in funding the study and why other cities such as Bloomington and Burnsville were not participating. City Manager Prosser indicated that meetings will be conducted with other affected cities to seek funding from additional participants. He stated the City is seeking to be proactive in addressing concerns about loss of homes and traffic. He stated that the ISTEA funding request application deadline is in July and this project may be eligible for ISTEA funding. Mayor Kirsch stated that it is appropriate and important for the City to be in front on this vital transportation issue. M/Kirsch, S/Susag to authorize participation in Phase One of marketing planning and services to the Twin Cities Metropolitan Area High Speed Bus Plan study in an amount not to exceed 512,125. Motion carried 4-1. (Rosenberg opposed) Item #14 AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport related issues: • FAA funding for the New Ford Town/Rich Acres acquisition. • The Runway 4-22 Extension Draft Environmental Impact Statement. • The Governor's Dual Track Task Force Panel. Council Member Priebe discussed the financial status of Northwest Airlines. Item #15 LEGISLATIVE REPORT None Council Meeting Minutes -12- June 14, 1993 Item #16 COUNCIL DISCUSSION ITEMS Mayor Kirsch suggested that because of the opening of the Adventure Golf Course at Veterans Memorial Park the City should request that Hennepin County conduct a traffic signal warrant study for 64th Street and Portland Avenue. Community Services Director Fondrick stated that a study can be requested, however, the vehicle warrants were not close to being met last time, although pedestrian warrants were closer to being met. Discussion followed regarding the opening of the Adventure Golf Course. Mayor Kirsch thanked staff for their efforts in getting the course ready to open despite the weather. Item #17 CLAIMS AND PAYROLLS M/Sandahl, S/Susag that the following claims and payrolls be aAnroved: RICHFIELD BANK & TRUST CO. Checks 16990-17101; 39440-39794 $1,781,507.07 NORWEST HANK Check 1180 $ 11,000.00 FIRSTAR BANK Checks 7454-7493 $ 971,864.82 Checks 67920-68267 S 371,361.43 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:41 p.m. Date Approved: 6/28/93 ~~_(.~ ~~ Thomas P. Ferber City Clerk c Martin J. it ch Mayor Jame D. Prosser i Manager