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05-24-1982CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING May 24, 1982 The city council. of the City of Richfield met in regular session in the council chambers of the city hall on Monday, May 24, 1982 at 7:00 p.m. The meeting was called to order by Mayor John Hamilton at 7:07 p.m. Present: Bunce, Hassenstab, Kirsch, Ludeman, Hamilton Richfield Camp Fire Girls presented the colors and the council and audience participated in the Pledge of Allegiance.. SPhe Reverend Westman gave the invocation. 1. Approval of Minutes of Regularl,X Scheduled Meeting of May 10, 19$2 . Motion by Ludeman, seconded by Hassenstab to approve the minutes of the May 10, 1982 regular city council meeting. All ayes - Carried. 2. Proclamation Regarding Fund Raising for Storefront/Youth Action, Inc. Mayor Hamilton presented Ms. Jan Cerny, of the Storefront/Youth Action, Inc. with a proclamation establishing a "Storefront/Youth Action, Inc. Week" in recognition of their fund raising drive June 6 - 12. 3. 1'xoe,- lamation for. Opti~3st Club Regarding ..Bicycle Safety Mayor Hamil-ton presented the Optimist Club a proclamation establishing the week of May 30 - June 5 as Bicycle Safety Week. David Arnold, 7209 Knox, accepted the groclamation on behalf of the Optimist Club and presented the Public Safety Department five Schwinn bicycles for use in their bicycle safety program. Bob Doeden;accepted the bicycles for the Public Safety Department. 4. Discussion of Organized Softball at West Middle School Mr. Oral M. Fystrom, 7500 Morgan, was present to express his concern about the impact of girls softball on his home and lifestyle and that of his immediate Council Meeting Minutes °2- May 24, 1982 neighbors. He presented a letter and petition (C-133) e~cpressing displeasure with the disturbances created by the softball games. Wally Pecle, 7505 Morgan, said he was a student and that the noise created a problem with his ability to study. Mr. John Kramer, b3i5 Humboldt, president of West Richfield Girls Softball, suggested the possibility of moving bleachers to face the opposite direction in an effort to ,alleviate the noise; and that he would be willing to meet with other organizations that use the field to discuss the noise problem. Councilmember Hassenstab commended Messrs. Fystrom and Kramet for their decorum in discussing the issue. Lillian and Lester Carlson, 7508 Morgan, indicated drinking was involved among the spectators. John Profant, 7501 Morgan, said three hardballs hit his house recently and this could be vEry dangerous if he were hit while in his yarn. Motion by Hassenstab, seconded by Kirsch to review this issue with representatives from the school district, Community Services Commission, neighbors and the West Richfield softball team to endeavor to find alternative. solutions to the problem. A11 ayes - Carried. 5. Council Approval of Agenda Motion by Ludeman, seconded by Bunce to approve the agenda. All ayes - Carried. 6. Proposed Improvement to Alle Between Queen and Russell Avenue, 67-68th Street City Manager Nollenberger opened the public hearing on the paving of one additional alley as part of City Project 775 between Queen and Russell Avenues from 67th to 68th Street. He noted that this alley may be added to the 1982 1 alley paving project by execution of a change order. Council Meeting Minutes -3- May 24, 1982 Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Hassenstab that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6611 RESOLUTION ORDERING 'THE PAVING OF ONE ADDITIONAL ALLEY AND THE PREPARATION OF PLANS C.P. 775-A Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Lindeman, Hamiltcsn. Nays - None. Carried. This resolution appears as Resolution No. 6611 in Resolution Bovk No. 48. 7. Year VIII Community Development Block Grant Protects City Manager Nollenberger reviewed the following projects that will be funded by Year VIII Community Development Block Grant of $299,323: Housing Rehabilitation $ 94,000 Site Acquisition and Clearance for Assisted Housing 149,000 Community Center 23,000 Daycare Services 4,000 H.O.M.E. Program 3,323 Handicapped Accessibility Study of City Facilities 6,000 Administrative Costs of CDBG Projects 20,000 Sid Sanford, 7000 Portland, asked questions about the program. Russ Stricken, Director of South Hennepin Human Services, commented on the H.O.M. E. program, which serves senior citizens with home services. He said youth employment can be expanded by using them to work in this program. Carol Hoikkala, 7120 13th Avenue, speaking as a representative of a pro-family Council Meeting .Minutes .-4- May 24, 1952 forum, said home care is preferred to government supported child care programs. Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes - Carried. Motion by Rinsch, seconded by Ludeman to delete $4,000 designated for Daycare Services in the proposed budget. Poll of votes: Ayes - K3.rsch, Ludeman. Nays - Bunce, Hassenstab, Hamilton. Motion failed. Motion by Bunce, seconded by Hassenstab that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6612 RESOLUTION APPROVING YEAR VIII CONIlKUNITY DEVELOPMENT PLAN, AND AUTHORIZING ITS SUBMITTAL TO HENNEPTN COUNTY Poil of votes: Ayes - Bunce, Hassenstab, Hamilton. Nays - Kirsch, Ludeman. Carried. This resolution appears as Resolution No. 6612 in Resolution Book No. 48. Councilmember Ludeman indicated he had voted "nay" as he was against deficit spending. Councilmember Kirsch agreed with Councilmember Ludeman and stated he also was opposed to the tax subsidization of day care centers; that private and church organizations can handle the existing need. 8. Establ_ ishment of R-1 Residential Zoning District Boundaries. First Reading.. City Manager Nollenberger presented an ordinance amendment relating to the creation of zoning district boundaries, The purpose of this proposed rezoning is to protect the unique character of certain neighborhoods. The city manager reviewed the permitted uses in an R-1 district, which are limited to single family residential dwellings, as outlined in Council Letter No. 174. Council Meeting Minutes -5- May 24, 1982 Community Development Director Kraft explained the requirements for lots and buildings in an R-l district with visual aids. Fred Amram, 7026 Lyndale Avenue, stated that an R-I designation does protect neighborhoods, however, his own neighborhood has not been protected because of street construction. He said he thinks the recent changes on Lyndale Avenue will make it difficult for him to market his home, and that he wishes Lyndale Avenue to remain R, not R-1. Steve Meyer, 7128 Lyndale, confirmed Mr. Amram's statements, and said that he feels his property has been damaged by the four lane expansion~of Lyndale Avenue. Bi11 1982-17, "Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", relating to the defining of boundaries of various zoning districts of the city, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-134) Motion by Bunce, seconded by Kirsch that this constitute a .first reading of Bill 1982-17; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for June 14, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. City Manager Nollenberger discussed the circumstances that will exist under this new ordinance where a minimum lot area required in an R district is 50 feet while the minimum lot width .required in the R-1 district is 75 feet. Properties in the R-1 district which do not meet these requirements will become nonconforming uses under the rezoning, which means that, if a structure were destroyed by fire, a variance would be necessary before rebuilding would be permitted, The city manager presented an ordinance amendment providing for the reconstruction of a Council Meeting Minutes -6- May 24, 1982 destroyed single family residence which legally existed at the time of adoption of this rezoning, for city council first reading consideration. Bill 1982-18, "Amendment to Chapter III Part IV, Section 3.29 Subdivision 2 of the Ordinance Code of the City of Richfield", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk, {C-135) Motion by Bunce, seconded by Kirsch that this constitute a first reading of Bi11 1982-1$; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for June 14, 1982. Po11 of votes Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton.' Nays - None. Carried. 9. Appointments to_the Human Rights Commission Tine city council reviewed the applications for the Human Rights Commission. Motion by Ludeman, seconded by Bunce that the f©llowing appointments be made; Roxanne Farrar, 6b14 Emerson, to a term expiring 1983 George Soderberg, 7314 14th Avenue, to a term expiring 1985 Joanne Carol Wilmer, 6827 16th Avenue, to a term expiring 1984 All ayes - Carried. Councilmember Hassenstab indicated he would like to have the applicants appear for consideration before appointments are made, perhaps at a study session. 1D. Approval of Joint Fowers Agreement, Southwest Suburban Cable Television Commission City Manager Nollenberger provided a summary of the Joint and Cooperative Agreement for cable television administration, as presented in Council Letter No. 166. This joint cooperative agreement will be known as the Southwest Suburban Cable Commission and will comprise the communities of Edina, Eden Prairie, Hopkins, Council Meeting Minutes -7- May 24, 1982 Minnetonka and Richfield. These communities have been operating as a joint com- mission for the franchising of cable television in our five city area since 1972. Mr. Nollenberger cited the work of form councilmember Janita Collins and her contribution toward the on-going administration of these cable TV efforts. councilmember Hassenstab commended the commission. for its good work and asked how complaints on programming would be handled. The city manager replied that each city's ordinance on programming is identical and complaints would be directed to the joint powers board. Juanita Collins, 6737 Clinton, praised this document and urged the five participating cities to continue to stay together. Motion by Kirsch, seconded by Bunce that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6613 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT AND COOPERATIVE AGREEMENT TO BE KNOWN AS THE SOUTHWEST SUBURBAN CABLE COMMISSION Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamitlon. Nays.- None. Carried. This resolution appears as Resolution No. 6613 in Resolution Book No. 48. Motion by Kirsch, seconded by Bunce to appoint the following persons to serve on behalf of the City of Richfield as Directors and Alternates to the Joint Powers Commission: Howard Bunce, councilmember/Director Don Hassenstab, Alternate councilmember/Director Karl Nollenberger, Administrative Appointed Director Joyce L. Wilde, Administrative Appointed Alternate Director All ayes - Carried. Council Meeting Minutes -8- 11. Approval of; Eden Prairie May 24, 1982 City Attorney Clayton LeFevere reviewed the Joint Powers Agreement with the City of Eden Prairie for a combined public safety communications and dispatch system. This merger will take place on or about December 15, 1982, and will coincide with the implementation of the 911 Emergency Telephone System. He indicated he feels that this is an extremely satisfactory agreement as it will have a significant benefit to the City of Richfield in cost sh-sting provisions.. Motion by Kirsch, seconded by Ludeman to approve the Joint Powers Agreement for the merger of our Public Safety Communications Services with the City of Eden Prairie. All ayes - Carried. 12. Claims and Payrolls Motion by Ludeman, seconded by Hassenstab that the following claims-and. payrolls be approved; RICHRIELD BANK & TRUST Checks 2809/57910 General $ - 485,390.14 Checks 80766/81082 Payroll 205,858.31 SUMMIT STATE BANK Checks 64458/64486 $3,718,399.60 All ayes - Carried. 13. Consent Calendar A. Approval of Plans and Specifications for Old 65th Street Improvements RESOLUTION N0. 6614 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS - C.P. 7056 SUMMIT BANK/CITY HALL PARKING LOTS B. Conveyance of Land at I-494 and Penn Avenue Council Meeting Minutes -9- May 24, 1982 RESOLUTION N0. 6615 RESOLUTION APPROVING THE CONVEYANCE OF LAND ADJACENT TO 494 AND PENN AVENUE C. Approval of Contract for Lime Slaker for Water Plant Award contract to Pennwalt Corporation in the amount of $29,290 far the furnishing of a lime slaker to be installed by others. D. Penn :n Penn Avenue RESOLUTION N0. 6616 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING PUBLIC HEARING ON PROPOSED ALLEY PAVING CITY PROJECT 775 RESOLUTION N0. 6617 RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED ALLEY PAVING C.P. 775-B E. Approval of Partial Closing of Augsburg Avenue at Lyndale Approve Installation of design for old Augsburg Avenue with access to Lyndale Avenue. F. Payments and Estimates CP 760, Estimate ~~5, Monroe Park Shelter Building, Henry Mikkelson - $31,160 CP 767, Estimate ~~8, Public Safety Addition, Rutledge Construction - $8,485.64 CP 760, Site Construction Monroe-Fairraood Park, Estimate ~~3, National Green, Inc. - $4,813.43 All ayes - Carried. i~ ~J Council Meting Minutes e 10- 14. Ad~ournm~ent Motion by Hassenstab, seconded by Ludeman that the meeting add All ayes a Carried. Time: 9:04 p.m. ~ , Date Apprav~ed: June 14, 1982 ~~ Syi a K. Bergh Ci Clerk May 24, 1982 / ~ Itarl AToiienber$er Citp Manager 1