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04-25-1983CITY OF RICHFIELD REGULAR CITY COTJNCIL MEETING April 25, 1983 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, April 25, 1983 at 7:00 p.m. Mayor John Hamilton called the meeting to order at 7:04 p.m. Present: Bence, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton Girl Scout Troop ~h785 presented the colors. Mayor Hamilton presented certificates of appreciation to the girls for their participation in the council meeting. Rev. John Chell, pastor of House of Prayer Lutheran Church, provided the invocation. 1. ApAroval of Minutes of Regularly Scheduled Meeting of A ri1 11, 1983 Motion by Hassenstab, seconded by Kirsch to approve the minutes of the April 11, 1983 city council meeting. All ayes - Carried. 2. Presentation of Respect for Law Week Pxoclamation Mayor Hamilton read a proclamation establishing the week of May 1-7 as "Respect for Law Week", a program sponsored by the Optimist Club. Council Member Ludeman, who is chairman for this national event in Richfield, made comments of support. 3. Opportunity for Citizens to Address the City Council Mr. Dave Putrich, 7601 Thomas .Avenue, spoke of traffic concerns at 76th and Sheridan and cited a recent accident. He said the neighbors are very concerned about the heavy traffic and asked what the city staff and city council can do. The city manager stated that there have been extensive traffic studies at this thorough- fare already and he will put these analyses on the next agenda. Mr. Joseph Stewart, 7600 Sheridan, requested delay of sidewalk construction, City Council Meeting Minutes -2- April 25, 1983 and presented a petition (C-192). Council Member Bunce suggested adding this item to the agenda. Ms. Jan Cerny, 7545 Fremont, presented a petition (C-193) requesting the reopening of the recreation program at Fremont Fark. Mr. R. M. Price, 1515 E. 62nd Street, spoke of a desire for an alley between 15th Avenue and Bloomington, but was not in possession of a petition. Mayor Hamilton explained the petition process for alley installation. 4. Council Approval of Agenda Motion by Bunce, seconded by Ludeman to approve the agenda with the addition of discussion of a sidewalk on 76th Street between Sheridan and Xerxes. All ayes - Carried. 5. Fublic Hearing, 1983 Al1ey Maintenance Project City Manager Nfl 1ie~sberger reviewed the alley maintenance functions that will be implemented in the 1983 alley maintenance project, as explained in Council Letter No. 137. Mr. Swede Larson, 6305 Bryant, asked when this project will begin. Mr. Eugene Elsen, 7140 2nd Avenue, asked why it is necessary to charge for snow plowing and maintenance. The city manager said because alleys serve as driveways for existing units.. Mr. Robert Hollex, 6833 Grand, said the snow plows scraped the blacktop off his alley and presented pictures to substantiate his claim. (C-194) Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Ludeman, 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: City Council Meeting Minutes -3- April 25, 1983 RESOLUTION N0. 6750 RESOLUTION ORDERING ALLEY MAINTENANCE PROJECT N0. 791 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6750 in Resolution Book No. 49. 6. Sidewalk Construction, North Side 64th City Manager Nollenberger opened the public hearing for the proposed construction of a sidewalk on the north side of 64th Street from Portland Avenue to Nicolle~ Avenue. City Engineer Michael Eastling used visual aids to explain the proposed construction. Mr. Ralph Sink, .6344 Clinton, said he saw no reason for a sidewalk. Mr. George Meisness, 6344 2nd Avenue, expressed concern about 150 feet of hedge abutting the sidewalk and said he felt that present economic conditions could deem this an untimely expenditure of city funds. Ms. N. Nohner, 6345 5th Avenue, said Fifth. Avenue has become a collector street because no one wants to put stop signs up. Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes - Carried. Motion by Hassenstab, seconded by Ludeman to deny addition of this construction to the 1983 sidewalk project. All ayes - Carried. 7. Public Hearing Relating to Ordinance Amendin Cable Line Extension Policy. Second Reading. City Manager Nollenberger reviewed the ordinance amending cable line extension policy of the Minnesota Cablesystems-Southwest which provides the following; City Council Meeting Minutes -4- April 25, 1983 1. The 76 homes listed in Area 1 in Exhibit A and the 162 homes listed as Area l3 would be served under the Initial Service Area Policy at a constxuetion cost of $155,000 with no significant impact on rates; 2. The remaining 372 homes in Areas 1-12 and 14-20 would be served under a Line Extension Policy based on a cost sharing formula. Bill 1983-8, "An Ordinance Setting Forth a Description of the Facilities to be Provided by Minnesota Cablesystems-Southwest, a Minnesota Limited Partnership; Amending the Line Extension Policy of Minnesota Cablesystems-Southwest;Prescxibing Uniform ~'Ioiathly Rates and Other Charges and Installations as Set Forth Herein; and Amending the Exhibits", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the. office of the city clerk. (C-185) Motion by Ludeman, seconded by Hassenstab that this constitute a second reading of Bi11 19$3-8; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes.- Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays None. Carried. Council Member Priebe asked what effect this will have on rates for Richfield residents. The city manager advised the effect would be minimal. 8. Public Hearing, Ordinance Amendment Relating to Personal Leave. Second Reading.. City Manager Nollenberger reviewed the ordinance amendment relating to personal leave which is a "housekeeping" amendment which brings the language up to date with the remainder of the ordinance. Bill 1983-9, "Amendment to Chapter IT, Section 2.33 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-195) Motion by Ludeman, seconded by Hassenstab that this constitute a second City Council Meeting Minutes -5- April 25, 19$3 reading of Bill 198319; that it be published in the official newspaper and that it be made a pert of these minutes. Pall of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. 9. Ordinance Amendment Relting to Causes of Vacancies on Planning Commission. First Reading. City Manager Nollenberger reviewed an amendment to the ordinance pertaining to the creation of the Planning Commission. $ill 1983-10, "Amendment to Chapter III, Part VII, Section 3.68, Subdivision 7, Paragraph (F) 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 affice of the city clerk. (C-19b) Motion by Ludeman, seconded by Hassenstab that this constitute a first reading of Bill 1983-10; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for May 9, 1983. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman,Priebe, Hamilton. Nays - None. Carried. 10. Ordinance Amendment Relating to Section 2.03 of the City Charter Relating to Terms of Office of City Council Members. First Reading.. City Manager Nollenberger reviewed a Transmittal Order from the Charter Commission requesting that the city council consider amending Section 2.03 of the City Charter relating to terms of office of elected officials. The proposal would change the term of office for mayor from two years to three years, as are terms of office for council members. John Landers, 7432 Washburn, and Betty Carr, 6633 Lynwood Boulevard, members of the Charter Commission, spoke on behalf of their proposed change of the term of office for mayor from two to three years. City Council Meeting Minutes -6- April 25, 1983 Council Member Priebe spoke in defense of the present system and said that programs can be implemented within a two year timeframe. He said he would prefer local elections be held only every two years in conjunction with state and national elections. Bill 1983-11, Transitory Ordinance No. 17.06, Charter Amendment Ordinance No. 15, "Charter Amendment Ordinance Relating to Terms of Office of City Council Members Amending Section 2.03 of the Richfield City Charter", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-197) Motion by Kirsch, seconded by Ludeman that this constitute a first reading of Bill 1983-11; that it be published in the official newspaper and that second reading for this ordinance amendment be scheduled for May 9, 1983. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Bunce, Priebe. Carried-. li. Ordinance Amendment Relating to Possession of Beer in Parks. First Reading. Public Safety Director Tom Morgan spoke in support of this ordinance amendment as he said it will facilitate enforcement. Bill 1983-12, "Amendment to Chapter IV, Section 4.17 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-198) Motion by Ludeman, seconded by Kirsch that this constitute a first reading of Bill 1983-12; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for May 9, 1983. Foll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays 1 None. Carried. 12. Resolution Authorizing the Sale and Issuance of $3,700,000 of Commercial Development Revenue Bonds - Richfield State Agency Improvement Project City Council Meeting Minutes -7- April 25, 1983 City Manager Nollenberger presented a resolution authorizing sale and issuance of Commercial Development Revenue Bonds for the Richfield State Agency for city council approval. Motion by Ludeman, 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. 6751 RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF $3,700,000 COMMERCIAL DEVELOPMENT REVENUE BONDS (RICHFIELD STATE AGENCY, INC. PROJECT) UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT TO FINANCE A PROJECT THEREUNDER SECURED BY PAYMENTS UNDER A LOAN AGREEMENT AND AN IRREVOCABLE LETTER OF CREDIT FROM F & M MARQUETTE NATIONAL BANK, IN MINNEAPOLIS, MINNESOTA, AND AUTHORIZING THE EXECUTION OF DOCUMENTS Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. b751 in Resolution Book No. 49. 13. Resolution Authorizing the Sale and Issuance of $1,500,000 Commerc Development Revenue Note - Minnesota Mini-Storage II Pro~ect~ 78th Street and Pillsbury Avenue City Manager Nollenberger reviewed a resolution providing for issuance of $1,500,000 Commercial Development Revenue Bonds for financing of Minnesota Mini-Storage II project located aC 7$th Street and Pillsbury. This bond consists of a Note secured by a Letter of Credit and the personal guarantees of the general partners of Minnesota Mini-Storage II. Motion by Hassenstab, seconded by Kirsch 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. 6752 FINAL NOTE RESOLUTION MINNESOTA MINI-STORAGE II Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - City Council Meeting Minutes -$- April 25, i9$3 None. Carried. 'Phis resol-cation appears as Resolution No. b752 in Resolution Book No. 49. i4. _Ap~©ntments_ to Advisory Board of Health Motion by Ludeman, seconded by Hassenstab to appoint Dr. Steven K. Nelson, 10563 Sumter Lane, Bloamington, Mary Brekke, 7516 Aldrich, and Anne E. Kinsey, 6514 12bh Avenue, to serve terms on the Advisory Board of Health, expiring January 31, 19$5. A11 eyes - Carried. 15. Bequest for Council to. Initiate Rezoning, 910 West 66th Street City Manager Noilenberger reviewed the request of Dr. David Elasky to rezone the property at 9i0 West 66th Street from R-Residential to C-1-Limited Business to enable him to convert the existing residence into a dental office, as explained in Council Letter No. 142. Dr. Elasky appeared and spoke on behalf of his rezoning request. He said he had encountered no opposition by the neighbors to his dental office, however, some were reluctant to sigh his petition. The Super America indicated that they concurred with the rezoning, but corporate policy restricted them. from signing the petition. This would constitute approval of over 50°la of the iandowners within 300 feet. Lawrence Wozniczka, 6744 Wentworth, asked questions about location of-the parking lot and said he was concerned about encroachment of commercial into residential areas. Motion by Ludeman, seconded by Hassenstab to initiate the rezoning process. Ali ayes - Carried. Council Member Hassenstab stated his "second" is contingent upon verbal assurances by Super America being verified by the city manager to assure that 517° of the neighbors approve of this rezoning. City Council Meeting Minutes -9- April 2S, 1983 16. Consideration of Adoption of City Council Target Issue Goals for 1983/84 City Manager Nollenberger reviewed the target issue goals important to the city over the next two years, as they are presented in Council Letter No. 139. Motion by Ludeman, seconded by Kirsch to move the target issues as shown, but remove the word "Subsidized" from Goal 3 - Young Families Program - Subsidized Family Housing. The city attorney suggested this m©tion be made as two. Council Member Ludeman said he does not want the use of "subsidy'' to imply a guarantee of continuance of funds "ad infinitum.". Motion by Ludeman, seconded by Kirsch to delete the word "subsidy" from No. 3. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Priebe. Carried. Motion by Ludeman, seconded by Kirsch to pass the target issues as shown. All ayes - Carried. 17. Council Choice - No Action Council Member Bunce cited concerns about restaurant inspections by the Bloomington contracted inspectors. He cited concerns for costs of this service; and that he would also prefer to hire employees on a regular basis who live in Richfield as opposed to nonresidents. Mr. Bunce also talked about organization of the Fourth of July Parade. Council Member Kirsch asked if it was legal for Super America to have a trailer parked on their property. Council Member Priebe updated the. council on construction of the new 48 foot outdoor advertising display. 18. Consent Calendar Motion by Ludeman, seconded by Hassenstab that the following items be approved: City Council Meeting Minutes -10- A. Renewal of Contract for Hotel/Motel Inspections April 25, 1983 Renew the contract with Minnesota Department of Public Safety to conduct fire prevention inspections of hote]s or motels located within our community. B. Purchase in Excess of .$2,650 Authorize a master purchase order for an estimated 200. tons cold mix at a unit price of $27 per ton delivered, at an estimated total purchase price of $5,400 from McNaaaara-Vivant. C. Ordinance Amendment Relating to Adjustment of Certification Charge to Delinquent Water and Sewer Accounts. First Reading. Bill 1983-13 AMENDMENT TO CHAPTER VIII, PART II, SECTION 8.12 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD D. ttOggrdinance Amendment Relating to Disposal of Confiscated Firearms. First L1 p.~. ding. -- Bill 1983-14 AMENDMENT TO CHAPTER XII, PART I, SECTION 12.01 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD E. Resolution Authorizing Preparation of Assessment Ro11s for C.P. 757, 772, 775 and Settin Date of Hearing RESOLUTION N0. 6753 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR CITY PROJECT 757 - RECONSTRUCTION OF LYNDALE AVENE,-LAKE SHORE DRIVE TO 74TH STREET RESOLUTION N0. 6754 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR CITY PROJECT 772 - SIDEWALK CONSTRUCTION 1 City Council Meeting Minutes -11• April 2S, 1953 RESOLUTION NO. 6755 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR CITY PROJECT 77S - ALLEY PAVING F. Licenses Renewal Lariet Lanes, 6320 Penn On and off-sale beer Billiard tables, Bowling Alleys New Pizza Factory, 1560 E. 66th Street 3 Amusement devices Renewal Ground Round 10 Amusement devices, 3 music boxes Renewal St. Richard's Church Raffle license All ayes - Carried. 19. Sidewalk Petition Council Member Bunce reopened the discussion on the petition relating to the sidewalk at 76th Street and Xerxes. Motion by Bunce, seconded by Hassenstab to reconsider the sidewalk resolution. Poll of votes: Ayes -Bunce - Hassenstab. Nays - Kirsch, Ludeman, Priebe, Hamilton. Motion failed. 20. Claims and Payrolls Motion by Hassenstab, seconded by Ludeman that the following claims and payrolls be approved: SUMMIT STATE BANK Checks 65178/65203 General $801,075.15 Checks 23560/24290 Payroll 218,761.75 RICHFIELD BANK & TRUST Checks 3613/63542 543,860.65 All ayes - Carried. City Council Meeting Minutes -12- 21. Adjournment Motion by I~assenstab, seconded by Ludeman that the mee All ayes - Carried, Time; 9:45 p.m. ~ /~ Date Approved; May 9, 1983 April 25, 1983 ourn. Mayor ylv K. Bergh City Clerk ~~ oV Karl Nollenberge City Manager U