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01-10-1994CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING JANUARY 10, 1994 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Ruse Susag; and Don Priebe. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas Ferber, City Clerk; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; 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. APPROVAL OF MINUTES M/Sandahl, S/Priebe to approve the minutes of the Special City Council Meeting of December 30, 1993: the minutes of the Special City Council Study Session Meeting of January 3, 1994; and the Special City Council Meetinct of January 3. 1994. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. John Hamilton, 7220 Harriet Avenue, and Steve Quam, 6421 James Avenue, made a presentation on behalf of the citizens of Richfield awarding a Community Spirit Award to City Manager Prosser in recognition of his activities and leadership in the community. They read proclamations and letters from Governor Carlson, the House of Representatives, Congressman Sabo and Congressman Ramstad. They invited the public to a reception at City Hall on January 11 and announced that Mr. Prosser-would be the recipient of the WCCO Good Neighbor Award on January 11. Mayor Kirsch recessed the meeting at 7:16 p.m. and called the meeting back to order at 7:30 p.m. Council Meeting Minutes -2- January 10, 1994 Nick Vossberg, 6340 Standish Avenue, stated concern about water in his basement, whiners about airport noise getting the New Ford Town buyout, and a rumor about a government representative pestering people to apply for a hardship buyout. Gertrude Ulrich, 7601 Aldrich Avenue, representing the Richfield League of Women Voters, invited the public to attend a program titled "Adolescent Girls Self-Esteem: Risk and Responses", which will be held at Richfield City Hall on February 12 from 1:00 p.m. - 3:00 p.m. Iteffi #2 PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AWARDED BY GOVERNMENT FINANCE OFFICERS ASSOCIATION. C.L. NO. 8 Mayor Kirsch presented the Certificate of Achievement for Excellence in Financial Reporting to Finance Manager Bridget Walstrom on behalf of the Government Finance Officers Association. Item #3 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Susag to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR 4A. APPROVED RESOLUTION APPOINTING LARRY ZIELKE TO HOARD OF DIRECTORS TO RICHFIELD TOURISM PROMOTION BOARD INC. C.L. 9 RESOLUTION NO. 8096 RESOLUTION APPOINTING A REPRESENTATIVE TO THE HOARD OF DIRECTORS TO THE RICHFIELD TOURISM PROMOTION BOARD, INC. This resolution appears as Resolution No. 8096 in Resolution Book No. 62. 1 H. APPROVED CONTINUING AGREEMENT WITH HENNEPIN COUNTY COMMUNITY HEALTH DEPARTMENT TO RECEIVE STATE SUBSIDY FUNDING FOR 1994- 1995 C.L. 10 Council Meeting Minutes -3- January 10, 1994 C. APPROVED RESOLUTION DESIGNATING CITY MANAGER AS RESPONSIBLE AUTHORITY FOR GOVERNMENT DATA PRACTICES C.L. 11 RESOLUTION NO. 8097 DESIGNATING THE CITY MANAGER AS THE RESPONSIBLE AUTHORITY FOR GOVERNMENT DATA PRACTICES This resolution appears as Resolution No. 8097 in Resolution Book No. 62. D. APPROVED OFF-STREET PARKING PERMIT FOR RETAIL STORE AT 6521- 6525 PENN AVENUE C.L. 12 E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PUBLIC SAFETY ADMINISTRATIVE VEHICLE FROM R.L. BROOKDALE MOTORS, INC. IN TOTAL AMOUNT OF $12,961.05 C.L. 13 F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR FIVE FORD CROWN VICTORIAS FOR USE BY PUBLIC SAFETY DEPARTMENT THROUGH STATE OF MINNESOTA PURCHASING AGREEMENT FROM SUPERIOR FORD, INC. IN TOTAL AMOUNT OF $69,055 C.L. 14 G. APPROVED PURCHASE IN EXCESS OF $5,000 FOR 1994 CROWN VICTORIA TO BE USED BY PUBLIC SAFETY'S FIRE MARSHAL FROM SUPERIOR FORD, INC. IN TOTAL AMOUNT OF 514,161 C.L. 15 H. APPROVED PURCHASE IN EXCESS OF $5,000 FOR CHEVROLET S10 4x4 BLAZER FOR PUBLIC SAFETY USE FROM THANE HAWKINS POLAR CHEVROLET, INC. IN TOTAL AMOUNT OF $18,714.80 C.L. 16 I. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR DISPOSAL OF LIME BY-PRODUCT AT DEWATERING PLANT FOR 1994 AND 1995 FROM AVON AG-LIME IN AMOUNT OF $85,230 C.L. 17 J. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR ELECTRIC ICE RESURFACER FOR ICE ARENA FROM FRANK J. ZAMHONI & COMPANY, INC. IN AMOUNT OF $59,411.03 C.L. 18 K. APPROVED ESTIMATE.#1 FOR SUPPLY OF MAIN SWITCHBOARDS FOR PUMP HOUSE #5 OF WATER FUND; ELECTRO-MECHANICAL INDUSTRIES; $12,100.00 L. APPROVED ESTIMATE #1 PAYMENT FOR SUPPLY OF MAIN SERVICE ENTRANCE SWITCHBOARD AND DISTRIBUTION EQUIPMENT OF WATER TREATMENT PLANT MODIFICATIONS; GRAYBAR ELECTRIC; $66,704.00 M. APPROVED ESTIMATE #3 PAYMENT RICHFIELD ICE ARENA REROOFING; G&B 'CONSTRUCTION, INC.; $41,387.50 N. APPROVED ESTIMATE #1&2 PAYMENT FOR RICHFIELD ICE ARENA REROOFING; G&B CONSTRUCTION: $99,085.00 Council Meeting Minutes -4- January 10, 1994 O. APPROVED ESTIMATE #4 PAYMENT FOR ELECTRICAL CONTRACT REGARDING WATER TREATMENT PLANT MODIFICATIONS: PAGE ELECTRICAL CONTRACTOR: $39,900.00 P. APPROVED ESTIMATE #6 PAYMENT FOR WATER TREATMENT PLANT MODIFICATIONS; BOR-SON CONSTRUCTION, INC.; $296,564.00 Q. APPROVED 1994 LICENSE RENEWALS FOR THE FOLLOWING: AIRPORT BOWL: FOOD ESTABLISHMENT, CIGARETTE RETAIL, BOWLING ALLEY, RETAIL ON-SALE NON-INTOXICATING MALT LIQUOR, FOOD- VENDING MACHINES BROWNING-FERRIS INC.: GARBAGE HAULER, 11 VEHICLES BUCKINGHAM DISPOSAL INC.: GARBAGE HAULER, 1 VEHICLE EDDIE'Z SOUTHDALE CAR WASH: CAR WASH, CIGARETTE RETAIL, FOOD- RETAIL GODFATHER'S PIZZA: SOFT DRINK, FOOD ESTABLISHMENT, FOOD- VEHICLES, RETAIL ON-SALE NON-INTOXICATING MALT LIQUOR KINHDO RESTAURANT: FOOD ESTABLISHMENT, SOFT DRINK, ON-SALE NON-INTOXICATING MALT LIQUOR KNUTSON RUBBISH SERVICE: GARBAGE HAULER, 2 VEHICLES LARIAT LANES: FOOD ESTABLISHMENT, SOFT DRINK, BOWLING ALLEY, ON-SALE NON-INTOXICATING MALT LIQUOR RICT~FIELYi~ SEI+YI®R aUITES: R®©I~?II~YG HOUSE SANDY'S TAVERN: ON-SALE NON-INTOXICATING. MALT LIQUOR, SOFT DRINK, POOL/BILLIARD, CIGARETTE RETAIL, OFF-SALE NON- INTOXICATING MALT LIQUOR, FOOD ESTABLISHMENT SUBURBAN GREEN & WHITE TAXI: 82 VEHICLES TOWN TAXI, INC.: 9 VEHICLES VASKO RUBBISH REMOVAL INC.: 1 VEHICLE VINA RESTAURANT: FOOD ESTABLISHMENT, SOFT DRINK, ON-SALE NON- INTOXICATING MALT LIQUOR WALLY MCCARTHY'S OLDS INC.: MOTOR VEHICLE DEALER WALSER IMPORTS: MOTOR VEHICLE DEALER WASTE MANAGEMENT-SAVAGE: GARBAGE HAULER, 23 VEHICLES WOODLAKE SANITARY SERVICE: GARBAGE HAULER, 5 VEHICLES M/Sandahl, S/Susag to approve the consent calendar. Motion carried 5-0. Council Member Susag requested that staff prepare a memo outlining the costs related to the ice arena reroofing project. Item #5 PUBLIC HEARING ON APPLICATION FOR RESIDENTIAL KENNEL LICENSE 7001 PENN AVENUE; SIX CATS (CONTINUED FROM SEPTEMBER 27, 1993). C.L. NO. 19 City Manager Prosser reviewed Council Letter No. 19 regarding the application of Joanne Ecklund, 7001 Penn Avenue, for a residential kennel license for six cats. Council Meeting Minutes -5- January 10, 1994 Joanne Ecklund, 7001 Penn Avenue, stated that the cats are very old, that there are many other cats in the neighborhood that may be the cause of neighborhood concerns, that she does not intend to replace the cats if they die, and that if she is denied the residential kennel license she will keep only the two cats that go outside. Jane Myre, 7033 Oliver Avenue, stated she had polled the neighbors on her block and 12 of them had voted against granting the residential kennel license. She asked questions of the applicant regarding the age of the cats, veterinary care, and whether the applicant would add new cats if the current ones die. Joanne Ecklund stated the cats were all spayed or neutered, they were each 11-15 years old, had regular veterinary care, and that she did not intend to obtain any additional cats. Anne Johnston, 7011 Penn Avenue, stated that she felt some did not understand what a residential kennel license meant and that there are slot of other cats in the neighborhood that may be the cause of concerns. • M/Susag, S/Sandahl to close the public hearing. Motion carried 5-0. Public Safety Director Erskine reviewed the notification procedure and the recent changes in the letters to clarify the meaning of a residential kennel license. He stated that no complaints have been received since the temporary license was granted to Ms. Ecklund. He clarified that the Council Letter inadvertently called this a permanent license instead of an annual license. Council Member Priebe stated concern that Ms. Ecklund admitted violation of the conditions of the temporary residential kennel license by the fact that the cats had not been kept inside, therefore he opposed granting the license. Ms. Ecklund stated she had not deliberately let the cats out. Council Member Rosenberg asked if conditions could be placed on granting the license such as keeping the animals indoors. Assistant City Attorney Heine stated that the Council has the authority to stipulate conditions to granting the kennel license such as a stipulation that the animals be kept indoors or that no new animals replace any that may die. Ms. Ecklund stated concern that stipulating that she cannot replace any animals would infringe on her rights to own two cats, since a kennel license is not needed for two animals. Council Meeting Minutes -6- January 10, 1994 M/Susag, S/Sandahl to close the public hearing. Motion carried 5-0. M/Susag, S/Sandahl to ap,Drove the granting of a residential kennel license for 6 cats to Joanne Ecklund. 7001 Penn Avenue subject to the following stipulation: that should any of the cats diems no additional new cats may replaoe them until the total becomes less than two cats. Motion carried 3-2. (Priebe, Rosenberg opposed) Item #6 CONSIDERATION OF RESOLUTION APPROVING LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 AFL/CIO FOR YEAR 1994. C.L. NO. 20 City Manager Prosser reviewed Council Letter No. 20 regarding the proposed labor agreement between the City and the inicerna-~ional Union aY ©pe~a~~ii~~g E~ylri~~r ~ Lu~:dl 49 uYri t r©r the year 1994. M/Susag, S/Sandahl that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8098 RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 AFL/CIO FOR THE YEAR 1994 Motion carried 5-0. This resolution appears as Resolution No. 8098 in Resolution Book No. 63. Item #7 CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROXY IN FAVOR OF CERTAIN AMENDMENTS TO DECLARATION OF TRUST OF MINNESOTA MUNICIPAL MONEY MARKET FUND (4M FUND). C.L. NO. 21 City Manager Prosser reviewed Council Letter No. 21 regarding the proposed execution of a proxy in favor of certain amendments to the Declaration of Trust of the Minnesota Municipal Money Market Fund (4M Fund). Council Meeting Minutes -7- January 10, 1994 M/Priebe, S/Susag that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8099 RESOLUTION AUTHORIZING EXECUTION OF PROXY IN FAVOR OF CERTAIN AMENDMENTS TO THE DECLARATION Motion carried 5-0. This resolution appears as Resolution No. 8099 in Resolution Hook No. 63. Item #8 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING RICHFIELD CITY CHARTER. C.L. NO. 22 City Manager Prosser reviewed Council Letter No. 22 regarding a proposed ordinance to amend the City Charter as recommended by the Richfield Charter Commission. M/Susag, S/Sandahl that this constitute the First Reading of this ordinance amending the Richfield Citv Charter and that the Public Hearing and Second Reading of the ordinance be scheduled for the Februar..y 14, 1994 1993 Citv Council meeting. Motion carried 5-0. Item #9 CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM SPECIAL REVENUE FUND. C.L. NO. 23 City Manager Prosser reviewed Council Letter No. 23 regarding a proposed transitory ordinance to provide funding from the Special Revenue Fund for the following capital improvements: Park Improvement - Madison Park $500,000 Park Improvement - Washington Park $340,000 Playfeature Improvement - Donaldson Park $ 60,000 Total $900,000 M/Priebe, S/Sandahl that this constitute the First Reading of this transitory ordinance and that the Public Hearing and Second Reading of the ordinance be scheduled for the February 14_ 1994 Cites Council meeting. Motion carried 5-0. Council Meeting Minutes -8- January 10, 199 Item #10 CONSIDERATION OF REQUEST BY GALLAGHER'S SERVICE INCORPORATED FOR RETURN OF BID BOND RELATED TO BID OPENING FOR TRASH HAULING FOR ALL CITY-OWNED FACILITIES FOR 199. C.L. NO. 2d City Manager Prosser reviewed Council Letter No. 24 regarding a request by Gallagher's Service Incorporated for return of a bid bond which was retained after they withdrew their trash hauling bid. M/Sandahl to retain the bid bond of Gallagher's Service Incorporated. Motion failed for lack of a second. Discussion followed about notification and the absence of a representative from Gallagher's. It was noted that in absence of Council authorization to return the bid bond, the bid bond must be retained. Council Member Priebe stated that the changes in the County regulations provided 3ustification for return of the bid bond. Council Member Sandahl stated concern that this would set a precedent that would threaten the integrity of the bid process. He stated the other bidders honored their bids despite the change in County regulations. Council Member Rosenberg stated support for postponing this item to give Gallagher the opportunity to appear before the Council to appeal. M/Priebe, S/Rosenberg to postpone consideration of Gallagher's Service Incorporated request for return of their bid bond, that staff notify Gallagher's verbally and in writing of the opportunity to appear before the Council, and consideration be rescheduled for a future meetinct. Motion carried 4-1. (Sandahl opposed) Item #11 CONSIDERATION OF AGREEMENTS FOR REDEVELOPMENT OF MADISON PARK: LANDSCAPE ARCHITECT AND BUILDING ARCHITECT. C.L. NO. 25 City Manager Prosser reviewed Council Letter No. 25 regarding the following proposed agreements with consultants for the Madison Park redevelopment project: Council Meeting Minutes -9- January 10, 1994 • Barry Warner, Barton-Aschman Associates, Inc. in an amount not to exceed $28,500 for site consultant services. • Richard Schwarz, Schwarz Architects, in an amount not to exceed $12,500 for building and electrical consultant services. Council Member Priebe asked if these were the same consultants as those used for the Washington Park Redevelopment Project. Community Services Director Fondrick indicated that the building architect was the same but that the site consultant was different. M/Rosenberg, S/Sandahl to aporove the agreements with the following consultants for the Madison Park Redevelopment Project: Barry Warner Barton-Aschman Associates, Inc., in an amount not to exceed 528,500,, for site consultant services; Richard Schwarz, Schwarz Architects, in an amount not to exceed 512,500 for building and electrical consultant services. Motion carried 5-0. Item #12 CONSIDERATION OF COOPERATIVE AGREEMENT BETWEEN MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF RICHFIELD FOR REIMBURSEMENT OF PHASE I LANDSCAPING COSTS ON 77TH STREET. C.L. NO. 26 City Manager Prosser reviewed Council Letter No. 26 regarding a cooperative agreement between the City and the Minnesota Department of Transportation (MnDOT) to provide for reimbursement of Phase I landscaping costs for the 77th Street project. M/Susag, S/Sandahl 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. 8100 RESOLUTION OF THE CITY OF RICHFIELD APPROVING AGREEMENT NO. 71603 WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION REGARDING THE 77TH STREET PROJECT Motion carried 5-0. This resolution appears as Resolution No. 8100 in Resolution Book No. 63. C Council Meeting Minutes Item #13 AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport issues: • NEW'FORD TOWN/RICH ACRES BUYOUT * City staff is meeting weekly with the MAC buyout consultant. * Hardship applications are being processed by staff. * Appraisals have not begun yet; the consultant is preparing comparables. * The first newsletter from the MAC consultant was distributed. * The City staff continues to monitor and encourage the progress of the buyout process. * The noise contour map change which makes Rich Acres eligible for buyout funding was approved. It was the consensus of the Council that staff is authorized `.u :~~Yxa~ a l~s°i.°i,er `%~ -%Fie IultlC a~;k~owl®dgYng tF~®ir quic-e ac7Glon ~co approve the noise contour change for Rich Acres. • Runway 4-22 Extension Draft Environmental Impact Statement (DEIS) * The City's request for an extension of the comment period was denied. * The City staff submitted written comments related to the noise impacts on the community. • MSP Long Term Comprehensive Plan * The City staff attends meetings to monitor the MSP Long Term Comprehensive Plan changes. Item #14 77TH STREET PROJECT STATUS REPORT 1 Community Services Director Fondrick stated that as a result of several accidents, the intersection of 78th Street and Lyndale Avenue has been posted for right turn only. Council Member Sandahl asked about the status of the installation of a street light at the intersection of 76th Street and 77th Street. Community Services Director Fondrick stated he would check on the schedule far the installation of this streetlight. -10- January 10, 1994 Council Meeting Minutes ~i~ Item #15 LEGISLATIVE REPORT -11- January 10, 1994 City Manager Prosser stated that staff has been working with State legislators on two priority issues: 1) the high speed bus initiative, and 2) State impact aid. He stated that a draft of the proposed legislative initiatives would be scheduled for discussion at the January 24 City Council meeting. City Manager Prosser stated that a discussion of legislative initiatives with the City's legislators is scheduled for the February 7 City Council Study Session. Item #16 COUNCIL DISCUSSION ITEMS Mayor Kirsch acknowledged the recognition given to Mr. Prosser and invited everyone to the January 11 3:00 p.m. reception at City Hall for Mr. Prosser. Council Member Susag invited the public to the Richfield Optimists Chili Feed/Salad Bash fundraising event on January 22 from 4:30 p.m. - 7:30 p.m. at Woodlake Lutheran Church. He also invited the public to the Street of Possibilities Richfield Remodeling Fair on January 29 from 9:30 a.m. - 3:30 p.m. at the Richfield Senior High School. Item #17 CLAIMS AND PAYROLLS M/Rosenberg, S/Sandahl that the following claims and payrolls be approved• RICHFIELD BANK & TRUST CO. Checks 12/27/93: 17924-17990; 42950-43150 $ 977,434.79 Checks 12/30/93: 17991-18028; 43154-43290 S 711,417.89 Checks 01/10/94: 18029-18051; 43294-43420 $ 769,944.82 NORWEST BANK Checks 12/27/93: 1196 $ 10,000.00 Checks 01/10/94: 1197 $ 17,000.00 FIRSTAR BANK Checks 12/27/93: 7793-7816 $ 305,570.75 Checks 12/30/93: 7817-7826 $ 57,434.68 Checks 01/10/94: 7827-7845 $ 534,077.31 Council Me®ting Minutes FIRSTA~t BANK Payroll 12/16/93: 73354-73661 Payroll 12/25/93: 73662-73954 Motion carried 5-0. ADJOURNMENT -12- January- 10, 1994 $ 360,789.18 $ 357,332.89 The meeting was adjourned at 8:47 p.m. Date Approved: 1124/94 Martin J. K rsch Mayor Tn Thomas P . ge~c k~e~ City Clerk 1