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06-28-1993CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING June 28, 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 P. Ferber, City Clerk; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; Bridget Walstrom, Finance Manager; and 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 M/Sandahl, S/Susag to approve the minutes of the regular City Council Meeting of June 14, 1993. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Howard Bunce, 7608 Sheridan Avenue, invited the public to the 4th of July Celebration and urged residents to purchase buttons to support funding of the celebration. Item #2 PRESENTATION OF THANK YOU PLAQUE TO VFW RECOGNIZING DONATION. C.L. NO. 179 Public Safety Director Erskine read and presented a plaque to Adler Strandquist and Tom Goalen of VFW Post 5555 in recognition of the donation of $5,402 by the VFW for the purchase of a defibrillator for the Richfield Fire Rescue Division. Council Meeting Minutes -2- June 28, 1993 Item #3 PRESENTATION OF AWARD OF MERIT TO THE CITY OF RICHFIELD IN THE AUDIOVISUAL PRODUCTION CATEGORY OF 13TH CITY HALL PUBLIC INFORMATION AWARDS COMPETITION SPONSORED BY CITY HALL DIGEST. C.L. N0. 180 Mayor Kirsch acknowledged the receipt by the.~City of the Award of Merit in the audiovisual production category of the 13th City Hall Public Information Awards Competition sponsored by the City Hall Digest for the City's production "Tracking a Decision". Item #4 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Priebe to approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR 5A. APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF 7643-45 PORTLAND AVENUE, 608-10 EAST 77TH STREET AND 7642-44.0AKLAND AVENUE C.L. 181 RESOLUTION N0. 8032 RESOLUTION ESTABLISHING JUST COMPENSATION, AUTHORIZING PURCHASE OF REAL PROPERTY 7643-45 PORTLAND AVENUE 608-10 EAST 77TH STREET 7642-44 OAKLAND AVENUE This resolution appears as Resolution No. 8032 in Resolution Book No. 62. B. APPROVED PURCHASE IN EXCESS OF 55,000 FOR ONE 400 AMP AUTOMATIC SWITCH COMPANY (ASCO) TRANSFER SWITCH AT WATER PLANT FROM NORTHLAND ELECTRIC COMPANY IN AMOUNT OF 57,170 C.L. 182 C. APPROVED RESOLUTION SUPPORTING CONTINUING COOPERATION BETWEEN RICHFIELD AND BLOOMINGTON ON TRAFFIC RELATED MATTERS AND SUPPORTING BLOOMINGTON'S INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) APPLICATION FOR TRAFFIC RELATED IMPROVEMENTS C.L. 183 Council Meeting Minutes -3- June 28, 1993 RESOLUTION NO. 8033 RESOLUTION SUPPORTING CONTINUING COOPERATION BETWEEN RICHFIELD AND BLOOMINGTON ON TRAFFIC RELATED MATTERS AND SUPPORTING BLOOMINGTON'S ISTEA APPLICATION FOR TRAFFIC RELATED IMPROVEMENTS This resolution appears as Resolution No. 8033 in Resolution Book No. 62. D. APPROVED REQUEST BY MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435 FOR FEE WAIVED, TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR JULY 4, 1993 C.L. 184 E. APPROVED APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL LICENSE, 7232 11TH AVENUE; 4 DOGS C.L. 185 F. APPROVED ESTIMATE #4 PAYMENT FOR GARAGE MAINTENANCE MODIFICATION; CM CONSTRUCTION COMPANY, INC.; $5,770.60 G. APPROVED ESTIMATE #4 PAYMENT FOR SITE CONSTRUCTION AT JEFFERSON PARK; VEIT & COMPANY, INC.; $13,755.74 M/Sandahl, S/Priebe to a~Drove the consent calendar. J Motion carried 5-0. Item #6 PUBLIC HEARING AND CONSIDERATION OF SECOND READING OF INTERIM ORDINANCE PROVIDING A MORATORIUM ON ESTABLISHING NEW PARKING AREAS IN FRONT YARDS FOR SINGLE AND TWO FAMILY DWELLINGS, C.L. NO. 186 City Manager Prosser reviewed Council Letter No. 186 regarding a proposed transitory ordinance to provide an interim moratorium on establishing new paved parking areas in front yards of single family and two family dwellings to allow the Planning Commission to review standards for recommendation to the City Council. 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. 1993-9, Transitory Ordinance No. 17.50 providing an interim moratorium on establishment of new parking areas in front yards for single family and two family dwellings; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Council Meeting Minutes -4- June 28, 1993 Item #7 CONSIDERATION OF APPLICATION FOR NEW RESIDENTIAL KENNEL LICENSE; 7315 THOMAS AVENUE; 4 CATS. C.L. NO. 187 City Manager Prosser reviewed Council Letter No. 1'87 recommending denial of the application of Philip Mortenson, 7315 Thomas Avenue, for a residential kennel license for four cats. Philip Mortenson, 7315 Thomas Avenue, stated that he has had - kennel licenses previously. He stated that the problems related to the City Council denial of his 1991 kennel license application have been resolved. Mr. Mortenson discussed his efforts to watch his cats more carefully and to solve the problems with the neighbors. Evelyn Murphy, 7326 Thomas Avenue, spoke in opposition to the kennel license stating there were too many animals in the neighborhood. Bill Bailey, 7320 Sheridan Avenue, spoke in opposition to the kennel license because of the number of ads~itional c~itso Andy Murphy, 7326 Thomas Avenue, spoke in opposition to the addition of more animals to the neighborhood. Mr. Mortenson reviewed his contact with the neighbors and presented a letter from one neighbor supporting his application. M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. Council Member Susag stated he had visited the house and noticed no problems related to smell or feces. He noted that the applicant had significantly reduced the number of cats since the problems occurred in 1991 and had attempted to address the problems. Council Member Sandahl stated that a strict burden is placed on kennel license applicants to assure that their animals are not a nuisance to the neighborhood. Public Safety Director Erskine responded to questions regarding the timing and payment of the application fee. City Manager Prosser suggested the possibility that Mr. Mortenson and the neighbors submit this issue to mediation to help resolve the neighborhood concerns. Council Meeting Minutes -5- June 28, 1993 Council Member Priebe stated concern that some residents may be reluctant to openly express themselves in the mediation process. He stated that there appeared to be evidence to deny the application at this time. Discussion followed regarding the mediation process. Mr. Mortenson stated he would agree to the mediation process. M/Sandahl, S/Rosenberg to defer consideration of the application of Philip Mortenson, 7315 Thomas Avenue. for a residential kennel license to the July 26 1993 City Council meeting to allow time for an attempt to utilize the neiahborhood mediation process. Motion carried 4-1. (Priebe opposed) Item #8 CONSIDERATION OF RESOLUTION AUTHORIZING EXPENDITURE OF $40,000 OF RICHFIELD'S MUNICIPAL STATE AID FUNDS FOR A STUDY OF TRAFFIC RELATED PROBLEMS ON 76TH STREET WEST OF I-35W AND APPROVAL TO ISSUE A REQUEST FOR PROPOSAL TO PERFORM THE STUDY. C.L. N0. 188 City Manager Prosser reviewed Council Letter No. 188 -- regarding a proposed resolution authorizing expenditure of 540,000 of Richfield's Municipal State Aid funds for a study of traffic related problems on 76th Street West of I-35W and approval to issue a request for proposals to perform the study. Council Member Susag asked if it would be appropriate to delay the study until the completion of Phase I of 77th Street to determine the impact of that project on this portion of 76th Street. City Manager Prosser stated that the proposed study would utilize traffic projections taking into account the 77th Street Project, I-494, and developments in Edina. Council Members Sandahl and Rosenberg noted the neighborhood has expressed the desire to have the City address the 76th Street traffic issues as soon as possible. Howard Bunce, 7608 Sheridan Avenue, stated concern about the cost of the proposed study and increased traffic after turn lanes are installed at the 76th Street and Penn Avenue intersection. City Manager Prosser stated that the purpose of the study was to look at alternatives to deal with the traffic impacts on the neighborhood, not to dust count traffic. Mayor Kirsch stated the importance of including neighborhood residents in the study process. Council Meeting Minutes -6- June 28, 1993 M/Susag, S/Rosenberg that the following resolution be adopted; that it be spread in the resolution book and that it be_ made part of these minutes: RESOLUTION N0. 8034 RESOLUTION AUTHORIZING EXPENDITURE OF $40,000 OF RICHFIELD'S MUNICIPAL STATE AID FUNDS FOR A STUDY OF TRAFFIC RELATED PROBLEMS ON 76TH STREET WEST OF I-35W AND APPROVAL TO ISSUE A REQUEST FOR PROPOSAL TO PERFORM THE STUDY Motion carried 5-0. This resolution appears as Resolution No. 8034 in Resolution Book No. 62. Item #9 CONSIDERATION OF RESOLUTION AUTHORIZING OF 6310 15TH AND 7112 FIRST AVENUES TO ALLOW HRA TO PROCEED WITH NEW SINGLE FAMILY CONSTRUCTION PROJECTS AND FIRST READING OF TRANSITORY ORDINANCES AUTHORIZING SALE OF PROPERTIES TO HRA. C.L. NO. 189 City Manager Prosser reviewed Council Letter No. 189 regarding the proposed acquisition of 6310 15th Avenue and 7112 First Avenue for new single family home construction projects. Council Member Priebe expressed concern about the costs of acquisition, demolition, staff and legal time related to these projects and the ability of the project to pay back through its proceeds. City Manager Prosser stated that the HRA focus is on two separate housing programs: 1) Richfield Rediscovered with market value homes, and 2) New Home Program for moderate income housing, which does not generate as much value and is funded by Community Development Block Grant (CDBG) funds. Council Member Priebe stated he did not oppose the housing program but had concerns about using the limited CDBG funds to benefit only one or two projects. He suggested that the funds may better be used to provide benefits to a larger portion of the community. Council Member Sandahl stated that this was a policy issue and suggested that the City Council discuss the policy alternatives for utilizing CDBG funds at a Study Session. Council Member Priebe requested that this suggestion included in the motion. Iii L_ Council Meeting Minutes -7- June 28, 1993 M/Sandahl, S/Rosenberg that discussion and analysis of the policy of CDBG housing vrogram expenditures be scheduled for a City Council Study Session and that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION N0. 8035 CALLING FOR ACQUISITION AND A PUBLIC HEARING ON THE SALE OF CERTAIN LAND 7112 FIRST AVENUE 6310 15TH AVENUE Motion carried 5-0. This resolution appears as Resolution No. 8035 in Resolution Book No. 62. M/Sandahl, S/Rosenberg that this constitute the First Reading of a transitory ordinance providing for the sale, transfer or other disposition and conveyance of 6310 15th Avenue; and that the Public Hearing and Second Reading of the ordinance be scheduled for the July 12, 1993 City Council meeting. Motion carried 5-0. M/Sandahl, S/Rosenberg that this constitute the First Reading of a transitory ordinance providing for the sale, --. transfer or other disposition and conveyance of 7112 First Avenue; and that the Public Hearing and Second Readincl of the ordinance be scheduled for the July 12, 1993 City Council meeting. Motion carried 5-0. Item #10 CONSIDERATION OF ACCEPTANCE OF CITY OF RICHFIELD COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED DECEMBER 31, 1992. C.L. N0. 190 City Manager Prosser reviewed Council Letter No. 190 regarding presentation of the City of Richfield 1992 Comprehensive Annual Financial Report. M/Sandahl, S/Susag to accept the Comprehensive Annual Financial Report of the City for the year ended December 31. 1992. Motion carried 5-0. [] Council Meeting Minutes -8- June 28, 1993 Item #11 CONSIDERATION OF WHETHER TO HOLD A CITY COUNCIL STUDY SESSION ON JULY 5, 1993. C.L. NO. 191 City Manager Prosser reviewed Council Letter No. 191 regarding consideration of whether to cancel the July 5, 1993 City Council Study Session meeting due to the Independence Day holiday. M/Sandahl, S/Susag to cancel the City Council Study Session scheduled for July 5, 1993. Motion carried 5-0. Item #12 CONSIDERATION OF REQUEST BY FRED BABCOCK V.F.W. POST 5555 FOR FEE WAIVED, TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR JULY 3, 1993. C.L. NO. 192 City Manager Prosser reviewed Council Letter No. 192 regarding a request by the Fred Babcock V.F.W. Post 5555 for a temporary on-sale non-intoxicating malt liquor license on July 3, 1993 from 5:00 p.m. to midnight for a community dance. Mr. Prosser stated that it was the recommendation of staff that the permit stipulate the event close at 11:00 p.m., instead of midnight, in response to concerns expressed last year about noise. Howard Bunce, 7608 Sheridan Avenue, indicated the speakers would be set up in a different direction and that thousands attend the event. He requested that the event be allowed to be open until midnight or at least 11:30 p.m. Warren Nilsson, 6816 Garfield Avenue, expressed opposition to the conduct of the event because of the noise impact on the residential neighborhood. Jean Fox, 6616 Sheridan Avenue, stated support for this event noting that residents deserve peace and quiet, but that this is a once a year community celebration. It was the consensus of the City Council that 11:30 p.m. was an appropriate ending time. M/Susag, S/Rosenberg to approve a fee waived, temporary license for July 3, 1993 with the stipulations that the sale of 3.2 beer cease no later than 11:30 p.m. and that the applicant submit proof of liquor liability insurance coverage for the outside property on which the beer will_be_served and consumed. Motion carried 5-0. Council Meeting Minutes -9- June 28, 1993 Item #13 CONSIDERATION OF AMENDMENT TO CITY MANAGER'S EMPLOYMENT AGREEMENT WITH THE CITY OF RICHFIELD REGARDING AUTOMOBILE USE. C.L. NO. 193 City Manager Prosser reviewed Council Letter No. 193 regarding consideration of an amendment to the City Manager's employment agreement regarding automobile use as a result of new legislation passed by the 1993 State Legislature. City Manager Prosser stated that under the terms of an initial Employment Agreement with the City of Richfield, the City Manager has been provided with exclusive and unrestricted use of an automobile supplied by the City. The cost of providing this benefit is approximately 53,400 per year. The cost to replace this benefit with a non-owned City vehicle is estimated at 56,800 per year including vehicle lease cost, insurance, gasoline, miscellaneous maintenance and registration. The reasons for the difference in cost include higher individual insurance costs and higher lease cost. It was the consensus of the City Council to provide an alternative method to fulfill their obligation to the terms of the City Manager's contract so that the City Manager would"be made whole for the use of the vehicle. Council Member Sandahl suggested that the City Council could authorize the City Manager to sell back vacation time to allow him funds to purchase a car; and to provide a monthly car allowance. He asked that the City Attorney review the issue of selling back vacation time since no current policy exists. Discussion followed as to the determination of the monthly car allowance. Council Member Sandahl suggested that the amount could be set at a level which would cover the approximate costs and then be reviewed in six months when data would be available to determine if the allowance was adequate. M/Sandahl, S/Susag to approve the following determination regarding automobile use for the City Manager because of the change in State Statutes: 1. The Cites Manager be allowed to sell back vacation time for the purpose of financing the purchase of a vehicle to replace the vehicle previously provided by the City. 2. To provide for a car allowance reimbursement in an amount not to exceed 5566 per month. 3. That in six months data be reviewed to determine the exact appropriate monthly car allowance reimbursement amount. Motion carried 5-0. Council Meeting Minutes -10- June 28, 1993 Item #14 CONSIDERATION OF RICHFIELD PUBLIC SCHOOLS CONTRACT WITH THE CITY FOR A FULL TIME POLICE JUVENILE OFFICER TO WORK AT JUNIOR AND SENIOR HIGH SCHOOLS. C.L. NO. 194 City Manager reviewed Council Letter No. 194 regarding a proposed contract between the Richfield School District and the City for the services of a full time Juvenile Investigator/School Liaison Officer. M/Susag, S/Rosenberg to approve and authorize the execution of a contract between the City of Richfield and the Richfield Public Schools District #280 for the services of a Juvenile Investigator/School Liaison Officer for the 1993-1994 school year• Motion carried 5-0. Item #15 C01"~SIII~F13ATIO~i ®~' AE~Fi~lD ®F COItTTL3ACTS ~'®Z3 ELECTI:3ICAL SERVICE EQUIPMENT FOR WATER PLANT PROJECT T0: • GRAYBAR ELECTRIC COMPANY FOR MAIN SERVICE ENTRANCE, SWITCHBOARD AND DISTRIBUTION EQUIPMENT IN AMOUNT OF $84,800 • ELECTRO MECHANICAL INDUSTRIES FOR MAIN SWITCHBOARD AND DISTRIBUTION EQUIPMENT AS SPECIFIED FOR PUMP HOUSE #5 IN AMOUNT OF $12,100 • GRAYBAR ELECTRIC COMPANY FOR SOLID STATE MOTOR STARTERS AS SPECIFIED IN AMOUNT OF $21,150 • SY/COM FOR SUPERVISORY CONTROL SYSTEM TELEMETRY AS SPECIFIED IN AMOUNT OF $47,511 C.L. NO. 195 City Manager Prosser reviewed Council Letter No. 195 regarding the award of contracts electrical service equipment for water plant capital improvement project. M/Sandahl, S/Priebe to approve the following actions: 1. Accept the bid minutes/tabulation. 2. Award a contract to Graybar Electric Company in the amount_of 584,800 for the main service entrance, switchboard and distribution equipment at the Water Plant. 1 3. Award a contract to Electro Mechanical Industries in the amount of 512,100 for furnishing of the main switchboard and distribution equipment as specified for Pump House #5. Council Meeting Minutes -11- June 28, 1993 4. Award a_contract to Gravbar Electric Company in the amount of -21150 for the solid state motor starters as specified. 5. Award a contract to Sy/Com in the amount of 549,911, minus ~2R400 for trade in of existing equipment, for a total of -47,511 for the su.~ervisory control system telemetry as specified. Motion carried 5-0. Item #16 CONSIDERATION OF BID/MINUTES TABULATION AND AWARD OF CONTRACT FOR GENERAL CONSTRUCTION OF WATER SOFTENING BASINS FOR WATER PLANT PROJECT TO BOR-SON CONSTRUCTION, INC. IN AMOUNT OF $1,942,029. C.L. NO. 196 [1 City Manger Prosser reviewed Council Letter No. 196 regarding the award of contract for general construction of the water softening basins for the water plant project. He stated that the base bid includes seven components: 1) reactor/clarifier modifications, 2) south entry addition, 3) conference/training room addition, 4) landscaping, 5) brick allowance, 6) Well House No. 2 addition and generator installation, and 7) Well House No. 5 addition and generator installation. City Manager Prosser indicated that the City's consultant had identified two reasons that the bid is higher than the $1,500,000 estimate identified in the concept design and feasibility report of January 1992. • First, poor soils (former Legion Lake bottom) require pilings be installed inside the building. This work is more costly and difficult. • Second, the work must be done while the plant is in operation. Council Member Susag asked about funding for the additional 0 cost. Mr. Prosser stated that the costs would be funded by the water fund balance and water rates. Council Member Priebe suggested consideration of elimination of some of the project components such as the conference/training room and landscaping. He stated residents are most interested in a high quality water product at the lowest possible cost. Council Meeting Minutes -12- June 28, 1993 City Manager Prosser stated that it was appropriately a Council policy decision regarding support for the advantages of the educational aspects of the conference/training room component. Community Services Director Fondrick stated this component cost is approximately 5200,000. Council Member Susag reviewed the positive aspects for schools and the community of the educational and physical appearance components of the City facility. Community Services Director Fondrick reviewed the anticipated construction timeframe and impact of the project on water softening which will be communicated to residents. M/Susag, S/Kirsch to approve the bid/minutes tabulation and award a contract to Bor-Son Construction Inc. in the amount of 51,942,029 for the general construction of the water softening basins for the Water Plant project. Motion carried 5-0. Item #17 CONSIDERATION OF PAYMENT OF LOCAL SHARE OF 77TH STREET IMPROVEMENT PROJECT CONTRACT. C.L. NO. 197 City Manager Prosser reviewed Council Letter No. 197 regarding payment of the local share for the Phase I 77th Street Improvement Project. M/Sandahl, S/Susag to approve payment of up to 5118,000 from the water utility_fund, uA to 528,000 from the sanitary sewer fund and up to 54,000 from the streets fund for the local share of the costs for improvements included in Phase I of the 77th Street constructon__Aro_ject that are not eligible for state and federal highway funds. Motion carried 5-0. Item #18 AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport related issues: • NEW FORD TOWN/RICH ACRES ACQUISITION The MAC is seeking proposals to provide coordination of the buyout process. The City has previously expressed willingness to perform this function. It was the consensus of the City Council that the City submit a proposal individually or jointly to provide this service. Council Meeting Minutes -13- June 28, 1993 • RESIDENTS OPPOSED TO NEW FORD TOWN/RICH ACRES ACQUISITION Some residents who oppose the buyout have expressed concern about equitable access to the FAA and MAC as compared to NFT/RA Neighbors Advisory Committee. Efforts will continue to assure notification and access to all residents. • DUAL TRACK TASK FORCE PANEL A final report is expected by the end of July. • AIRPORT NOISE Increased complaints from northwest Richfield about noise have been noted and there is concerns about increased use of Stage II aircraft. Council Member Priebe discussed the use of data from the airport noise operations monitoring system (anoms) and the financial status of Northwest Airlines. • RUNWAY 4-22 EXTENSION It appears the FAA will not complete the new Draft Environmental Impact Statement until late this year. Item #19 LEGISLATIVE REPORT City Manager Prosser stated meetings are being scheduled with the City's State Legislators to discuss strategy for the 1994 legislative session. Item #20 COUNCIL DISCUSSION ITEMS Mayor Kirsch invited the public to attend the 4th of July celebration activities. Council Member Susag noted the upcoming visit of a delegation from Richfield's Sister City, Heredia, Costa Rica. Item #21 CLAIMS AND PAYROLLS M/Sandahl, S/Priebe that the following claims and payrolls be approved:. RICHFIELD BANK & TRUST CO. Checks 17102-17174; 39798-40058 $1,062,285.64 Council Meeting Minutes -14- June 28, 1993 NORWEST BANK Check 1181-1182 $- 27,400.00 FIRSTAR BANK Checks 7494-7516 $ 386,329.44 Checks 68270-68672 $ 381,877.22 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:20 p.m. Date A roved: 7/12/93 i~~~ /~ , PP Martin J. irsch Mayor 0 Thomas P. Ferber J es r seer City Clerk ty nager