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06-28-1982CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING June Z8, 1982 The city council of the City of Richfield met in regular session in the council chambers of the city hall on June 28, 198 2, at 7:00 p.m. Mayor Hamilton called the meeting to order at 7:03 p.m. and led the council and audience in the Pledge of Allegiance. Present: Bunce, Hassenstab, Kirsch, Hamilton Absent: Ludeman (on vacation) 1. Approval of Minutes of June 14, 1982 Board of Review and Regular City Council Meeting Motion by Hassenstab, seconded by Bunce that the minutes of the June 14, 1982 Board of Review and Regular Council Meeting be approved as submitted. All ayes - Carried. Absent - Ludeman. 2. Donation to the City by Richfield Lions Club Mr. Jeff Mueller, President of the Richfield Lions Club, presented the city a check for $631.54. He indicated this represented partial proceeds from their annual pancake breakfast held in April. Mayor Hamilton accepted the donation on behalf of the city. 3. Council Approval of Agenda Motion by Hassenstab, seconded by Bunce to approve the agenda. All ayes - Carried. Absent - Ludeman. 4. Ordinance Amendment to Personnel Ordinance. First Reading. City Manager Nollenberger introduced an amended personnel ordinance for city council first reading consideration. He indicated that completion of this mayor revision was one of the goals of the Personnel Division for this year. Administrative Services Director Joyce Wilde summarized details of the code changes that will bring the ordinance into conformance with applicable state and federal law. Council Meeting Minutes -2- June 28, 1982 Bill 1982-22, "An Ordinance Amending the Ordinance Code of the City of Richfie Minnesota, as follows: Amending Section 2.28 by Reorganizing the Section and Making Amendments; Amending Section 2.29 by Providing New Definit3,o ns; Amending Section 2.30 by Reorganizing the Section and Deleting Subdivisions; Amending Section 2.31 by Combining it with Previous Code Section 2.32 and Reorganizing the Two Sections and Making Certain Amendments; Amending Previous Code Section 2.32 by Renumbering it to New Code Section 2.32 and Combining Parts of Previous Code Section 2.36 Making Certain Amendments and Adding Certain New Subdivisions; Amending Previous Code Section 2.34 by Renumbering it to New Code Section 2.33 and Making Certain Amendments Thereto; Deleting Previous Code Section 2.35 Which is Now Covered by the New Code Section 2.32, Subd, 9; Deleting Previous Code Section 2.36 Which is Now Covered Under Section 2.32, Subd. 10; Creating a New Section 2.34 and Providing a New Subdivision and Combining Parts of the Previous Code Sections 2.37 and 2.37A and Making Certain Amendments Thereto; Renumbering Previous Code Section 2.38 to the New Code Section 2.35 and Making Certain Amendments; Renumbering Section 2.39 to the New Code Section 2.36 and Making Certm.n Amendments; Deleting Previous Code Section 2.40; Renumbering Previous Code Section 2.41 to the New Code Section 2.37, and Making Certain Technical Amendments:, was .read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-141) Motion by Bunce, seconded by Hassenstab that this constitute a first reading of Bill 1982-22; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for July 12, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Hamilton. Nays - None. Absent - Ludeman. Carried. S. Ordinance Amendment Relating to Sale of Drug Paraphernalia. First Reading. City Manager Nollenberger presented an ordinance amendment relating to the Council Meeting Minutes -3- June 28, 1982 sale of drug paraphernalia. He noted the recent legislation enacted at the State Legislature prohibiting the sale of drug paraphernalia. Public Safety Director Tom Morgan said Bloomington and Minneapolis have more restrictive codes than does Richfield and he wished to strengthen our ordinances in order to deter dealers from establishing their businesses in Richfield. Bill 1982-23, "An Amendment to Chapter X, Part III of the Ordinance Code of the City of Richfield", prohibiting certain types of conduct as misdemeanors, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-142) Motion by Hassenstab, seconded by Kirsch that this constitute a first reading of Bill 1982-23; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for July 26, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Hamilton. Nays - None. Absent - Ludeman. Carried. 6. Purchase of Property at 6301 Portland Avenue and 6311 Portland Avenue City Manager Nollenberger advised the council that residents of 6301 Portland Avenue and 6311 Portland Avenue have indicated an interest in selling the back portions of their property to the city. Over the years the city has been acquiring property along Legion Lake on Portland Avenue for park purposes and the Community Services Advisory Commission and Planning Commission have recommended acquisition of this property. The city manager recommended that the council approve acquisition of this property, as described in Council Letter No. 209. Motion by Kirsch, seconded by Hassenstab to approve acquisition of property at 6301 Portland Avenue and 6311 Portland Avenue for park purposes. All ayes - Carried. Absent - Ludeman. 7. Day Care Commercial 1982 Summer Season Pool Pass Community Services Director Don Fondrick advised the council of a request Council Meeting Minutes -4- June 28, 1982 received from Mrs. Susan Leuma, a Hennepin County licensed day care provider, to allow her day care children to use the municipal pool under her family pass system. He expressed concerns about the difficulties inherent in administration of such a proposal. Mike Sandahl, 7601 Bryant, Chairman of the Community Services Commission, said he was cautious about making exceptions to present rules, but suggested providing a commercial season pool pass to the applicant on a trial basis. Motion by Bunce, seconded by Hassenstab to adopt the following policy as recommended in Council Letter No. 211: That a one-year trial period be instituted for the 1982 summer season to provide commercial season pool passes to Hennepin County licensed day care providers who already have a family season pass having paid $32 to $52 for same and that the commercial pass be $~ per name and written for the number of children licensed for day care (five or ten) regardless of the number actually in the day care provision and that there be no transfer of the pass to other children who may also be or may later be included in the day care provision. All ayes - Carried. Absent - Ludeman. Councilmember Hassenstab said his "second" was given only with the understanding that this ticket is on a one-year trial basis only and that he wishes a report from the Community Services Department and Commission after the end of the season. 8. Request for Waiver of Building Code Requirements b Walser Buick City Manager Nollenberger reviewed the request of Walser Buick for waiver of building code requirements relating to accessibility for handicapped, as ex- plained in Council Letter No. 217. Mr. Dave Graham, Vice President of Walser Buick, appeared in behalf of his company's request. He said the basement area of the building will be maintained for storage, that very few handicapped individuals have become customers of his used or new car sales lot, that no office staff is in the used car building, and that he was concdrned with the restrictions of the State Code. Council Meeting Minutes -5-. June 28, 1982 Mr. Jeff Rice, Manager of Ryan Construction, spoke of modifications his concern has done and that the ramp in this particular instance would have to be 100 feet long. Motion by Bunce, seconded by Kirsch to waive the building code requirements regarding access and sanitation facilities for handicapped persons. All ayes - Carried. Absent - Ludeman. 9. Mayor's Choice - Council Member Choice Mayor Hamilton reviewed his thinking behind the inclusion of this item on the agenda and future agendas. The mayor voiced concern about park maintenance and the loss of recreational programs, especially at Jefferson Park. He asked if a volunteer program might be developed to provide programs of recreation or to maintain parks. He urged publicity directed toward senior citizens and college students and asked the council and staff to give this some thought. Councilmember Bunce gave an update on the 4th of July parade and celebration. Mayor Hamilton thanked Councilmember Bunce for his efforts in this regard. Councilmember Hassenstab requested the city attorney to describe the SRA (Suburban Rate Authority) that controls the utility rates of approximately 42 metropolitan communities. 10. Consent Calendar Motion by Bunce, seconded by Hassenstab that the following items be approved: A. Fire Relief Association Repeal of Obsolete Language RESOLUTION N0. 6624 APPROVING LAWS 1982, CHAPTER 406 B. Amendment to Joint Powers Agreement, Richfield-Eden Prairie Public Safety Communications System Approve Addendum No. 1 to Joint and Cooperative Agreement - Public Safety Radio Dispatching Service. Council Meeting Minutes -6- June 28, 1982 C. Transitor Ordinance Transferring Funds for Cit Hall Landscaping Bi11 1982-24, Transitory Ordinance No. 17.01. An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements - $7,850.19 - Public Safety Building D. Purchase in Excess of $2,500 Resurface Basketball Courts - Authorize Action Courts, Inc. to resurface basketball courts at Donaldson and Taft Parks in the amount of $4,400. Stump Chipping - Authorize master purchase order for stump chipping with Richard Novak at the unit price of $.39 per inch. Flouride Feeder S stem - Authorize purchase of flouride feeder system from Feed-Rite Controls, Inc. in the amount of $3,560. E. Approval of Minutes, Tabulation of Bids, Award of Contract - Parking Lot Improvement Bzds Award contract to Valley Paving, Inc., Savage, MN for CP 778 and CP 7056, parking lot construction in the amount of $35,301.80. F. Designation of Official De ositories RESOLUTION N0. 6625 A RESOLUTION DESIGNATING CERTAIN SAVINGS AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE INVESTMENT OF CITY FUNDS IN 1982 G. Payment and Estimates 1 - Rutledge Construction, CP 767, Estimate ~~9, $13,475.47, Public Safety Building Addition 2 - Natural Green, Inc., CP 760, Estimate ~~4, $20,420.91, Site construction, Monroe-Fairwood Park 3 - Batzli Electric Co., CP 757, Estimate ~~2, $18,958.55, Electrical Lighting from 67th Lakeshore to 74th Lyndale 4 - Henry 0. Mikkelson, CP 760, Estimate ~~6, $14,249.50, Shelter Building, Monroe-Fairwood Park 1 I~ All ayes - Carried. Absent - Ludeman. HRA/Council Meeting Minutes -7- June 28, 198.2 il. Claims and Payrolls Motion by Hassenstab, seconded by Kirsch that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 2898/58422 General $248,795.24 Checks 81405/81799 Payroll 207,922.04 SUMMIT STATE BANK Checks 64531/64561 545,693.78 All ayes - Carried. Absent - Ludeman. 12. Recess The city council recessed at 7:56 p.m. and reconvened at 9.00 p.m. to continue with a concurrent meeting with the HRA. 13. Concurrent HRA/City Council Meeting to Consider Purchase of Lincoln Hills School Property Mayor Hamilton reconvened the meeting at 9:12 p.m. Chairman Harms called the HRA to order. HRA Members Present: Freeman, Hassenstab, Helmberger, Harms Absent: Ludeman 1. Consideration of Purchase Options for Lincoln Hills School and Agreement to Sell the Property to Lincoln Hills Corporation for Housing for the Elderly Executive Director Karl Nollenberger reviewed the background of council priorities as explained in HRA Letter No. 26. Of the top ten target issues listed by the council, three relate directly to this project. They are the following: Priority ~~2 - Provision of senior housing Priority ~~6 - Development of a program to attract young families Priority ~~7 - Provision of low and moderate income housing Mr. Nollenberger noted that the HRA has concurred with the council in trying HRA/Council Meeting Minutes -8- June 28, 1982 to attain those priorities and goals. Four churches in the area, St. Nicholas, St. Richards, Woodlake Lutheran and Emerson Congregational, have formed a nonprofit corporation known as Lincoln Hills Incorporated (LHI). He reviewed the details of the purchase of the property which would be made with CDBG funds and a loan from the city's Permanent Improvement Revolving Fund (PIR) at an interest rate of 127. Councilmember Hassenstab announced that he is a member of Woodlake Lutheran Church and questioned whether he should abstain from voting. Chairman Harms said he did not think church membership should constitute a conflict of interest and he would allow Mr. Hassenstab to vote. Chairman Harms announced the opening of the public hearing. Mildred Stake, 7020 Park, remarked that rents have been rising faster than income and asked questions about handicapped access and the location of the units. Tony Alfano, 7417 Russell, spoke in favor of this project for the elderly and presented a petition (C-143) supporting the project. Lois Bendickson, 7217 Chicago, speaking as a disabled adult, said there is a need for accessible housing and praised the project. Shirley Hokanson, 7345 Russell, cited the increase in elderly populations and said there is a need to strive for a balance between the needs of the elderly and the rest of the community. She praised the project and Mayor Hamilton for his recent letter in the Sun. George Holter, 6424 Emerson, praised the project but said he was concerned about the financing of tnis project, and asked why the project was being rushed. Chairman Harms praised the role of the school board in trying to meet the needs of the community. Ralph Bruins, 7100 Oak Grove Boulevard, said a serious housing shortage exits. He cited the waiting list for Richfield Towers and said more of these types of projects are needed. HRA/Council Meeting Minutes -g- June 28, 1982 Bill Korte, 6321 5th Avenue, spoke of the project as an excellent use of a building site and presented a letter from Woodlake Lutheran Congregation (C-144) supporting the project. Terry Bliese, 7232 Penn, asked if the residents can affort this project; will it add to our government spending; and voiced opposition to using liquor profits to build these types of facilities. Adeline Martin, 7230 Blaisdell, asked if there had not been proposals at one time for senior citizen buildings at 66th and Portland and in the Godfather Block. Rev. Robert Riley, 7233 Queen, said it had been a very informative meeting so far, but he felt the total cost of the project and the sources of. funding should be known. He spoke against deficit spending and the fact that just because the money is available, it does not need to be spent. Bea Brunsell, 4800 Aspasia Lane, Minneapolis, spoke in support of the project. Harlyn Qualley, 6645 Emerson, past president of Richfield AARP, praised the HRA and council for this undertaking. Motion by Hassenstab, seconded by Helmberger to close the hearing. All ayes - Carried. Absent - Ludeman. Motion by Freeman, seconded by Helmberger that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: HRA RESOLUTION N0. 201 RESOLUTION AUTHORIZING EXECUTION OF OPTION CONTRACTS BETWEEN INDEPENDENT SCHOOL DISTRICT N0. 280 AND THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA, FOR THE PURCHASE OF ALL AND THE SUBSEQUENT RESALE OF THE EAST HALF OF LINCOLN HILLS SCHOOL SITE Poll of votes: Ayes - Freeman, Hassenstab, Helmberger, Harms. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 201 in HRA/Council Meeting Minutes -10° June 28, 1982 Resolution Book No. 2. Motion by Bunce, seconded by Kirsch to endorse the efforts of the HRA to acquire this property and to recognize that the HitA proposal includes a financial obligation upon the city for purchase of the park and portion of the overall parcel. All ayes - Carried. Absent - Ludeman. 2.~ HRA Claims and Payrolls Motion by Hassenstab, seconded_by Helmberger that the following claims and payrolls be approved: SjTNlMIT STATE BANK Checks 4172/4417 $88,120.23 All ayes - Carried. Absent - Ludeman. 14. Adjournment Motion by Helmberger, seconded by Freeman that the HRA adjourn. All ayes - Carried. Absent - Ludeman. Motion by Hassenstab, seconded by Bunce that the city council adjourn. All ayes - Carried. Absent - Ludeman. Time: 10:50 ~.m./~ '~~ //~ Date Approved: July 12, 1982 Sy a K. Bergh City erk ton Date Approved: Jul 19 1982 c _ __ Michael 0. Freeman Secretary Mayor ,~~ ~ n~ Q.~ Karl Nollenberg r City Manager omas Harms Chairman