09-26-1994CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
•• September 26, 1994
•• MEMBERS ~•PRESENT: Martin Kirsch;•'~Mayor; Michael Sandahl; Sus`an• •
Rosenberg; Russ 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; Bruce
Palmborg,.•I~ousing & Redevelopment
Coordinator; William Fillmore, Liquor
Operations Director; and John Dean,
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/Susag to approve the minutes of the Special
City Council Meeting of September 7, 1994; the minutes of the
Special City Council Meeting of September 12 1994; and the
minutes of the Regular City Council Meeting of September 12,E
1994.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Nick Vossberg, 6340 Standish Avenue, spoke regarding Runway
4-22 E.I.S. litigation and tax capacity issues.
Mary McRoberts, 7240 Dupont Avenue, stated concerns about
the impact of the increased deer population at the Wood Lake
Nature Center.
City Manager Prosser stated staff is collecting information
from other cities on alternatives to control urban deer
populations. He indicated this information should be available
for Council and resident review in a few months.
Floyd Sandell, 6737 Third Avenue, stated concerns about '
early morning airplane noise and representation for Richfield on
the Metropolitan Airports Commission (MAC).
Council Meeting Minutes
-2- September~26, 1994
City Manager Prosser stated that Jo?~.n Himle represents.-the
- ~ Richfield/Bloomington area-on the-MAC. ne stated-the MAC ~ - -- -'
Representative for Richfield no longer also represents South
Minneapolis.
Council Member Sandahl reviewed noise abatement issues
related to airport operations.
Council Member Priebe reviewed the voluntary. curfew on night
flights that certain airlines maintain. •-He reviewed the F.A.A.
control of flight paths and the required phase cut of Stage II
aircraft. - -
Floyd Sandell, 6737 Third Avenue, acknowledged the efforts
of City Manager Prosser in representing the citizens on airport
issues.
Item #2 PROCLAMATION DESIGNATING SEPTEMBER 25 - OCTOBER Z, 1994
. AS MINNESOTA CITIES WEEK IN RICHFIELD, MINNESOTA.
C.L. NO. 268
Council Member Sandahl read a proclamation designating
September 25 - October 2, 1994 as Minnesota Cities Week in the
City of Richfield.
Council Member Sandahl commended those involved with the
successful conduct of the Cattail Days event.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Priebe to approve the agenda.
•Motion carried 5-0.
Item #4 CONSENT CALENDAR
4A. APPROVED RESOLUTION SETTING JUST COMPENSATION AND
AUTHORIZING PURCHASE ON VOLUNTARY BASIS OF PROPERTY IN 6901
BLOCK OF PENN AVENUE C.L. 269
RESOLUTION NO 8192
RESOLUTION ESTABLISHING JUST COMPENSATION FOR PROPERTY
ACQUISITION IN THE 69TH-STREET AND•PENN AVENUE AREA
6925 PENN AVENUE SOUTH
This resolution appears as Resolution No. 8192 in Resolution
Book No. 64.
Council Meeting Minutes
E. APPROVED ESTIMATE #3 PAYMENT FOR SITE REDEVELOPMENT OF
MADISON PARK CP899; BARBER CONSTRUCTION CO. INC.; $38,242.15
• H. APPROVED BID MINUTES/TABULATION AND AWARD OF .CONTRACT TO
WINNEBAGO INDUSTRIES FOR NEW MOBILE OPERATIONS CENTER FOR
PUBLIC SAFETY DEPARTMENT IN AMOUNT OF $71,881 C.L. 270
C. APPROVED PURCHASE IN EXCESS OF $5,000 FROM NORTH AMERICAN
SALT COMPANY FOR ESTIMATED 1,200 TON ROCK SALT FOR 1994/95
WINTER SEASON IN ESTIMATED PURCHASE PRICE OF $32,952.00 C.L.
271
D. APPROVED APPLICATION FOR RENEWAL OF .COMMERCIAL KENNEL
LICENSE FOR ELAINE'S GROOMING, 7429 HUMBOLDT AVENUE
C.L. 272
M/Sandahl, S/Susag to approve the consent calendar.
Motion carried 5-0.
1
Item #5 PUBLIC HEARING ON APPLICATION OF CHECK EXPRESS.
MINNESOTA TO CONDUCT CURRENCY EXCHANGE BUSINESS AT 6525
NICOLLET AVENUE (REQUIRED BY MINNESOTA STATUTES).
C.L. N0. 273
City Manager Prosse
regarding the conduct of
Minnesota State Statutes,
Minnesota for a currency
business at 6525 Nicolle
-3- September 26, 1994
r reviewed Council Letter No. 273
a public hearing, as required by
on the application of Check Express
exchange license to operate this
t Avenue.
Cary Geller, President of SGS Express, d/b/a Check Express
Minnesota, described the proposed Check Express Minnesota
franchise services as consisting primarily of check cash~.ng, the
sale of MTC.bus passers, money orders, and tax returns. •
City Attorney Dean stated that the Council had the option of
taking no action, concur with the issuance of the license, or
recommend denial of the license. He stated that the statute
required the local government body to conduct a public hearing to
receive comment, even though the State issues the license. He
indicated that if the applicant meets all State requirements, it
appears the license would be issued by the State.
Council Member Susag suggested that the Council notify the
State only that there is no conflict with City land use
regulations, that the applicant testified at the hearing, and no
other testimony was received. He stated he felt the Council had
no basis to recommend approval and that it was the State's
jurisdiction to issue the license.
Council Meeting Minutes
-4- September 26, 1994
Council Member Priebe stated that~t-*rre have been no
apparent problems with this type of~business in Richfield end he ~ ~~
felt the Council should encourage legitimate businesses to locate
in Richfield.
M/Susag, S/Priebe to close the public hearing. _
Motion carried 5-0.
M/Priebe, S/Rosenberg to concur with the issuance of a
currency exchange license to Check Express Minnesota 6525
Nicollet Avenue.
Council Member Susag suggested that the motion be amended to
say that the City Council conducted the public hearing, that the
proposed use was consistent with land use regulations, and that
the City is neutral on the issuance of the license.
Council Member Priebe rejected this suggested amendment to
his motion. He stated the business would provide services for
residents and that the Council should be proactive.in encouraging
businesses to locate in the City.
CouacYl I~lembeP Susag suggested an amendment to the motion
indicating that the City urges the State to issue the license as
long as the applicant meets all the State requirements.
Council Members Priebe and Rosenberg stated concurrence to
amending the motion.
The motion as restated:
M/Priebe, S/Rosenberg to concur with the issuance by the
State of Minnesota of a currency exchange license, subject to the
applicant meeting all State requirements, to Check Express
Minnesota, 6525 Nicollet Avenue.
Motion carried 5-0.
Item #6 CONSIDERATION OF HID MINUTES/TABULATION AND REJECTION
OF ALL BIDS FOR STORM SEWER WORK AND DIRECT STAFF TO
PERFORM WORK USING CITY CREWS AND CONTRACTORS ALREADY
UNDER CONTRACT. C.L. N0. 274
City Manager Prosser reviewed Council Letter No. 274
recommending acceptance of the bid minutes, tabulation and
refection of all bids for miscellaneous storm sewer improvements
and appurtenant work, City Project No. 708-1583. He stated all
the bids exceed the engineer's estimate by over 30$. Mr. Prosser
stated the work could still be accomplished this year by having
the City utility crew install the pipe and having the curb and
gutter repair contractor perform the street"repair work.
Council Meeting Minutes -5- September 26, 1994
M/Susag., S/Rosenberg to accept the bid minutes/tabulation
for miscellaneous storm sewerimprovements and~~ apn~urtenant work,~~ ~~
City Project No. 708-1583, to reject all bids, and to direct
staff to verform the work by using City crews and contractors
already under contract.
Motion carried 5-0.
Item #7 CONSIDERATION OF REPORT ON STATUS OF WATER TASTE AND
ODOR PROBLEMS. C.L.. N0. 275
City Manager Prosser reviewed Council Letter No: 275
regarding the status of persistent water taste and odor problems
experienced since the installation of. new water softening process
at the Water Plant last February.
Community Services Director Fondrick reviewed Council
Memorandum No. 94 regarding the chronology of the Water Plant
renovation, associated taste and odor problems, and actions taken
to reduce the taste and odor complaints. He stated Gerry Allen
of Serco Laboratories had been retained by the City to assist in
identifying and correcting the problems. Mr. Allen is scheduled
to deliver a detailed report to the City Council at the October 3
Study Session.
Council Member Susag suggested that some of the resident
observers be invited to the meeting.
Council Members Sandahl and Susag stressed the need to
communicate to the residents about the water issues.
Mayor Kirsch stated that the consultant's water status
report would be scheduled first on the October 3 Study Session
agenda and invited citizens to attend.
Item #8 AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following
airport issues:
• NEW FORD TOWN/RICH ACRES ACQUISITION
Legislative staff are investigating the availability of
noise abatement funds left unused by other airports to help
fund the NFT/RA buyout.
Council Meeting Minutes
-6- September 26, 1994
• RUNWAY 4-22 ERTENSION FINAL ENVIRONsENTAL IMPACT STATEMENT
Staff continues to attempt to resolve the issues without
litigation. Last week representatives of Richfield,
Bloomington, Minneapolis, MAC, and Northwest Airlines met
to discuss the 4-22 Extension E.I.S. issues. MnDOt has
delayed the Record of Decision date for the F.E.I.S. to
November. The Bloomington City.Council has voted to support
litigation regarding the 4-22 E.I.S.
Item #9 77TH STREET PROJECT STATUS REPORT
Community Services Director Fondrick summarized the status
of the 77th Street Project as follows:
• Congressman Sabo has informed the City that $4.125 million
of federal funding has been approved for 77th Street storm
sewer related work.
~ A t;u~~3a~3`.y t:el~I~rca`%3o~ YaP tI~® `~`~tH 5-cree~c Project is
scheduled for October 25.
• Concrete, sod, seed, irrigation, and wall staining work
continues.
• Phase II demolition, utility, and park work is beginning.
Community Services Director Fondrick reviewed the status of
the 76th Street and Penn Avenue Reconstruction Pro3ect indicating
that Hennepin County says it is on schedule.
Council Member Sandahl requested a weekly status report on
the 76th Street-and Penn Avenue Project.
Item #10 LEGISLATIVE REPORT
City Manager Prosser reviewed the status of the following
legislative issues:
• High speed bus proposal
• Reimbursement of municipal costs for prosecution of certain
offenses (i.e. D.W.I.)
• Funding for housing programs
• Urban strategies
Council Member Sandahl suggested that maintenance of Local
Government Aid (LGA) funding legels,.costs of legislative
mandates, and property classification tax shifts should also be
considered as legislative priorities.
Council Meeting Minutes -7- September 26, 1994
Item #11 COUNCIL DISCUSSION ITEMS
• Council Member Susag discussed his experience related to his
recent heart attack and thanked the emergency personnel for their
quick response and professional work. ~~
Item #12 CLAIMS AND PAYROLLS
M/Susag, S/Priebe that the following claims and 'payrolls be
approved:
RICHFIELD BANK Sc TRUST CO.
Checks: 18995-19060; 47732-47953 $1,037,474.29
NORWEST BANK
Check: 1216 $ 17,000.00
FIRSTAR BANK
Checks: 8239-8251 $ 388,076.00
Payroll: 80600-80999 $ 393,164.62
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:35 p.m.
Date Approved : 10/ 10/ 94 d ~'l'`~Z~
Martin J. I i
~~-yic~
Thomas P. Ferber Pro
City Clerk i Manager
Mayor