07-24-95 Regular
CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
July
Liquor Operations Director; Bruce Palmborg, Housing and
Redevelopment Coordinator; and Corrine Heine, Assistant City
Attorney.
order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
ItemOPPORTUNITYFOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY
ITEMNOT LISTED ON THE AGENDA.
ItemCOUNCIL APPROVAL OF AGENDA
to approve the agenda.
Council Meeting Minutes
Item CONSENT CALENDAR
A. APPROVED RESOLUTION PROPOSING TO EXPAND BOUNDARIES OF 77TH
STREET PROJECT AREA TO CEDAR AVENUE, PROPOSED CITY PROJECT
911, AND SPECIALLY ASSESS COSTS OF CURRENT SERVICES PROVIDED
WITHIN 77TH STREET PROJECT AREA FOR PERIOD OF JANUARY
THROUGH DECEMBER 1996, AND SETTING DATE OF HEARING FOR
AUGUST 28, 1995 C.L. 187
RESOLUTION NO. 8263
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS
OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT
AREA FOR THE PERIOD JANUARY THROUGH DECEMBER
CITY PROJECT NO. 911
This resolution appears as Resolution No. 8263 in Resolution Book No. 65.
APPROVED OFF-STREET PARKING PERMIT TO ALLOW COMMON
ENTRANCE TO 77TH STREET FROM PARKING LOTS AT 1420 AND 1500
APPROVED ITINERANT PLACE OF AMUSEMENT LICENSE WITH FEE
WAIVER FOR OAK GROVE LUTHERAN CHURCH, 7045 LYNDALE AVENUE,
C.L. 189
BLOCK PARTY ON AUGUST 5 AND
APPROVED ON-SALE, NON-INTOXICATING MALT LIQUOR, ITINERANT
OF ASSUMPTION, 305 EAST 77TH STREET, 1995 FUN FEST ON AUGUST 12
AND C.L. 190
APPROVED AUTHORIZATION TO ADVERTISE FOR BIDS FOR SMALL
GARBAGE COMPACTOR TRUCK FOR USE BY PARK MAINTENANCE
DIVISION C.L. 191
APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR ANIMAL
CARE CLINIC, 6521 CEDAR AVENUE C.L. 192
APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR AIRPORT
PET HOSPITAL, 6301 CEDAR AVENUE C.L. 193
APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR
VETERINARY HOSPITAL, 6436 LYNDALE AVENUE C.L. 194
S/Rosenberg to approve the consent calendar.
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
Item
HOUSING PLAN AND FINANCING PROGRAM FOR HERITAGE SQUARE
EAST, CRESTWOOD AND HAMPTON PLACE APARTMENTS. C.L. NO. 195
City Manager Prosser reviewed Council Letter No. 195 regarding consideration of
adoption of a plan and financing program for the acquisition of the Heritage Square,
Crestwood, Hampton Place Apartments.
Larry Wozniczka, 6744 Wentworth Avenue, questioned whether there was a
requirement that these properties be for low income families and if people would be forced
to move out if they exceeded the income limit.
City Manager Prosser explained that the statutory guidelines provide for occupancy
by low and middle income persons or families.He stated that under the statute the
income guideline limits are at $61,000 for a family of four. City Manager Prosser stated
that there were no requirements to evict anyone who exceeds the guideline nor any intent
to do so unless directed to by HRA or City Council policy.
Council Member Susag stated that the HUD mortgage documents which the HRA
assumed in the transaction from Sage Corporation contain the guidelines. He stated that
there would be no change from when Sage owned the buildings.
Larry Wozniczka, 6744 Wentworth Avenue, asked if a proforma sheet on the
properties had been provided to the City Council.
City Manager Prosser stated that a written proforma sheet had been provided to the
Council on July 7, 1995.
Mr. Wozniczka stated concerns about assuring the HRA payment in lieu of taxes
from the properties. He stated opposition to the HRA acquiring and operating the
apartments.
City Manager Prosser stated that the payment in lieu of taxes was in the proforma
and projections for the properties.
Don Cederholm, 6214 Fifth Avenue, questioned and expressed concerns regarding
the payment of the School Bond Referendum tax, shifting of tax burden, and tax reasons
for the Sage proposal.
City Manager Prosser stated that the School Board had requested that they lose no
revenue as a result of this transaction.He explained the combination of the payment in
lieu of taxes and collaboration with the State which will provide that no increased tax
burden will fall on the Richfield taxpayers.
Member Susag stated that it was the intention of both the HRA and the City
Council
provide an amount equivalent to what would have been paid in taxes by a
Council to
private owner to the City and School District. He explained the tax issue for the Sage
partners was an income tax advantage in donating the apartments to the HRA rather than
selling the properties.
Mr. Cederholm made references to welfare and also criticized the Richfield
Current articles related to this issue.
City Manager Prosser stated that after all operating expenses including the
payment in lieu of taxes, an excess cash flow benefit to the HRA of approximately
$230,000 will be available to invest in the properties or benefit other multi-family
Hein approximately more than
properties.indicated the value of the properties $3 million
had
sold to a private entity.
Mayor noted that the School Board had expressed their support for the
acquisition.
Mark Ruff, Publicorp, Inc., explained and responded to questions regarding the
sources and uses of the project if the existing debt was refunded and tax exempt essential
He
function bond debt was undertaken as outlined on page 10 of the housing plan. stated
this information was required by statute to be included in the plan even if bonding was a
remote future consideration.
City Manager Prosser indicated the HRA did not plan to refinance unless there
would be a dramatic interest rate difference.
Mr. Ruff stated the mortgage locked out any refinancing for two more years.
Council Member Priebe stated he supported the plan because of the financial
benefit to the City from the gift of the properties. He stated he did have some concerns
about the HRA administering the project and that the properties be operated in a manner
not detrimental to other multi-family properties.He also stated concern for protecting the
City Manager Prosser stated the HRA has contracted with Stuart
Management Corporation to manage the properties.
Council Member Susag stated that the HRA consultant had inspected all of the
units, common areas, and mechanicals declaring them in good condition. He reviewed
the formation of three non-profit corporations, with the HRA Commissioners as board
members, which will operate the apartment communities. He stated that the approximate
City.
$230,000 in cash flow would be beneficial to the multi-family communities in the
Council Meeting Minutes
Mayor stated that the consultants had given favorable reports on the
advantages of accepting the gift of the apartments from Sage.
He stated it was an
opportunity to turn these properties into an asset and benefit residents who live in
apartments now and in the future.
S/Rosenberg, the following resolution be adopted. that it be spread
the resolution book and that it be made part of these minutes;
NO. 8264
RESOLUTION AUTHORIZING ADOPTING A HOUSING PLAN AND
FINANCING PROGRAM FOR THE ACQUISITION OF CERTAIN
MULTI-FAMILY HOUSING FACILITIES
Motion carried 4-O. This resolution appears as Resolution No. 8264 in Resolution
Book No.65.
City Manager Prosser acknowledged the Richfield Sun-Current, for publishing
several articles on this issue which helped to inform the public. He indicated an update
will be provided in the next Your City newsletter.
ItemCONSIDERATIONOFRESOLUTION APPROVING 1995-1996 LABOR
CONTRACT WITH LAW ENFORCEMENT LABOR SERVICES, LOCAL 123.
C.L. NO. 196
City Manager Prosser reviewed Council Letter No. 196 recommending approval of
a Labor Agreement with the Law Enforcement Labor Services (LELS), Local 123
bargaining unit for the years 1995 and 1996.
the followina resolution be adoeted. that it be in
the resolution book and that it be made part of these minutes:
RESOLUTION NO. 8265
RESOLUTION APPROVING REOPENER ISSUES OF LABOR AGREEMENT
BETWEEN THE OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 123 BARGAINING UNIT
FOR THE YEARS 1995 AND 1996
Motion carried 4-O. This resolution appears as Resolution No. 8265 in Resolution
Book No.65
Item
CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING
SECTION 416.07, SUBD. 2, ALLOWING TEMPORARY OFF-SITE
DIRECTIONAL SIGN FOR MICROAGE, 515 WEST 77TH STREET;
ILN REDEVELOPMENT AREA. C.L. NO. 197
City Manager Prosser reviewed Council Letter No. 197 regarding a proposed
ordinance amending Section 416.07, subdivision 2, paragraph (g), clause to allow a
temporary off-site directional sign for a business that has been relocated within the
Interstate-Lyndale-Nicollet (ILN) Redevelopment Area.
that this constitute the First Reading of this ordinance
amendment an off-site directional sign within the ILN Redevelopment Area. a
that the Public Hearing and Second Readina of the ordinance be scheduled for the
14. 1995 Citv Council meetinq.
Motion carried 4-Q.
Item
CONSIDERATION OF YOUTH APPOINTMENT TO FRIENDSHIP CITY
COMMISSION. NO. 198
Council Member Susag stated that the City Council had met at p.m. to
interview applicant Alicia Van Der Bill for appointment to fill the youth vacancy on the
Friendship City Commission.
S/Rosenberg to appoint Alicia Van Der Bill to the Friendship City
Commission as a youth member for a term which expires on May 1996.
Item
CONSIDERATION OF APPROVAL OF MEDIATION AGREEMENT RELATED
TO EXTENSION OF RUNWAY 4-22. C.L. NO. 199
City Manager Prosser reviewed Council Letter No. 199 regarding the mediation
related to the extension of Runway 4-22. He recommended that the Council not take
action on the mediation agreement because earlier in the day Minneapolis had asked for
additional conditions to the mediation agreement. He stated that the Metropolitan Council
Transportation Committee had unanimously recommended the mediation agreement with
some amended language despite objections from Minneapolis.
City Manager Prosser stated that the proposed mediation agreement provides that
the runway extension proceed subject to certain conditions which he summarized as
follows:
The participating agencies and surrounding communities should have more time to
¦
investigate the merits of noise distribution and other measures that provide relief
from noise.
Review of the environmental impacts that will be experienced as a result of the
¦
proposed North/South runway should MSP be expanded.
The participating agencies and communities agree to commit up to $20,000 each
¦
for a survey of public opinion regarding noise mitigation alternatives.
Further analysis of the cost-benefit analysis of the proposed change in runway use
¦
and associated noise mitigation programs.
Further review of environmental impacts of adding flight tracks east of Cedar
¦
Avenue.
Continuation of development of a noise mitigation plan acceptable to all parties.
¦
The MAC and the City of Richfield agree to stay with the state and federal lawsuits
¦
regarding Runway 4-22 and the City of Richfield will not seek injunctive relief
against construction of the Runway 4-22 extension. The City would maintain the
right to litigation if no satisfactory agreement is achieved.
MAC, and the FAA agree not to assert any agreement or defense in the
¦
lawsuits based upon or relating to the fact that during of the mediation
process, the MAC spent funds in connection with the noise redistribution or noise
mitigation components of the Runway 4-22 extension project, including funds spent
on any planning, engineering or design studies regarding the C/D complex
or noise mitigation plan.
Council Member Susag asked about the possible construction timetable for the
extension of Runway 4-22.
City Manager Prosser indicated construction would take approximately one year
and begin in about six months. He stated that reconstruction of the south parallel runway
would then begin and take approximately one year to complete during which time south
noise. that
Richfield will be heavily impacted by increased Henorth Richfield
and south Minneapolis would experience a reduction in noise during this time.
Council Member Priebe asked if the takeoff thresholds would be changed at that
City Manager Prosser stated the thresholds would be moved to accommodate
operations because capacity would be reduced during this time.
Council Member Priebe stated that he felt it was important for the City to
maintain
if necessary.
its right to pursue litigation
approves the mediation agreement without Minneapolis.
City Manager Prosser responded that Minneapolis would lose its voice on the issue
if they refuse to participate.
City Manager Prosser stated no action by the Council is recommended at this time
and the process will continue to seek agreement on these issues.
AIRPORT STATUS REPORT
Item
Council Member Susag noted that the City Council had received the latest Airport
Item 77TH STREET PROJECT STATUS REPORT
City Manager Prosser reviewed and answered questions regarding the following
77th Street Construction Project issues:
Avenue Storm Sewer Project
Humboldt
has awarded the contract to Shafer Contracting. Shafer Contracting has
balked at signing the contract until the major tunneling subcontractor on the job,
Construction, signs the subcontract. A letter explaining the delay to the
Humboldt Avenue residents is scheduled to be sent this week. The delay may
Landscape Contractor, Lino Lakes Nursery
Steel edging and planting beds are being installed. The irrigation subcontractor is
falling behind schedule. The City Engineer is still hopeful of substantial completion
by mid-August.
Phase Street Contractor, Shafer Construction
Concrete curb on the loop roads is being installed. Wall construction continues.
Council Member Susag stated great disappointment in the delays in completing the
Phase I landscaping. He suggested investigating tighter completion schedules for similar
future work.
City Manager Prosser indicated that the City could look at bidding landscaping with
a short and long completion time to see if there is any great difference in cost.
Portland Street Intersection
Concrete work is almost complete and the intersection should be completely
reopened soon. City Manager Prosser thanked residents adjacent to the project for
their understanding during the period the contractor expansion joints in the
pavement which generated a considerable amount of noise.
Mayor asked for a status report on Phase II of the CSM Lyndale Shoppes
City Manager Prosser reviewed the status of business relocations, demolition, and
leasing for the project.
Item LEGISLATIVE REPORT
Item COUNCIL DISCUSSION ITEMS
Council Member Susag invited the public to the Richfield Optimist Hole-in-One
Event to be held on August 3, 4, and 5 at the Lyndale Fields. He stated funds raised
would be used to support Richfield youth athletic programs.
Council Member Susag outlined an idea that was discussed with School Board
Chairperson Rowley at the July 22 Town Meeting. The idea was to invite the new
Richfield Schools Superintendent, along with other leaders of Richfield’s Schools (i.e. Holy
Angels, Blessed Trinity, Mt. Calvary, Fraser School) to a Council meeting. An Open
House would be held prior to the meeting for the public to meet them and then they would
be introduced at the Council Meeting for the cable tv audience. It was the consensus of
the Council that this event be scheduled for a September Council meeting.
Item CLAIMS AND PAYROLLS
that the followina claims and payrolls be approved:
RICHFIELD BANK TRUST CO.
Checks: 19887-I 9935; 53489-53796
Council Meeting Minutes
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