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01-23-1995CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING January 23, 1995 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ Susag; and Don Priebe. STAFF PRESENT: Steven Devich, Acting City Manager; Thomas Ferber, City Clerk; Donald Fondrick, Community Services Director; Byro Wallace, Community Development Director; Jack Erskine, Public Safety 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. n APPROVAL OF MINUTES M/Sandahl, S/Susag to approve the minutes of the Regular City Council Meeting of January 9 1995• the minutes of the Special Ci Council Meeting of January 9 1995• the minutes of the Special Citv Council Meeting of January 11 1995• the minutes of the Special City Council Meeting of January 13 1995• and the minutes of the Special Ci Council Meeting of January 17: 1995. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Don Cavitt, 6404 Washburn Avenue, invited the public to the Richfield Remodeling Fair to be held on Saturday, January 28 from 9:30 a.m. to 3:30 p.m. at Richfield High School. Item #2 COUNCIL APPROVAL OF AGENDA M/Susag, S/Priebe to approve the agenda. Council Meeting Minutes 2 Januat~• 23, 199 Motion carried 5-0. Item #2 COUNCIL APPROVAL OF AGENDA M/Susag, S/Priebe to aoorove the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A. APPROVED SETTING MAY 1, 1995 FOR 1995 LOCAL BOARD OF REVIEW C.L. 23. B. APPROVED RESOLUTION DISBANDING HUMAN SERVICES COMMISSION SERVING SENIORS AND DISABLED C.L. 24 RESOLUTION NO. 8224 RESOLUTION REPEALING RESOLUTION NUMBER 5101 OF THE CITY COUNCIL ADOPTED AUGUST 27, 1973 WHICH WAS ENTITLED "RESOLUTION ESTABLISHING A SENIOR CITIZENS' ADVISORY COMMISSION This resolution appears as Resolution No. 8224 in Resolution Book No. 64. C. APPROVED RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT NO. 71923 TO OBTAIN FEDERAL FUNDS AVAILABLE UNDER THE ELDERLY AND PERSONS WITH DISABILITIES PROGRAM FOR PROCUREMENT OF COMMUNITY CENTER BUS C.L. 25 RESOLUTION NO. 8225 RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT NO. 71923 FOR THE OBTAINING OF FEDERAL FUNDS AVAILABLE UNDER THE ELDERLY AND PERSONS WITH DISABILITIES PROGRAM This resolution appears as Resolution No. 8225 in Resolution Book No. 64. D. APPROVED RESOLUTION AUTHORIZING PUBLIC SALE OF TAX FORFEITED PROPERTY LOCATED AT 6426 EMERSON AVENUE C.L. 26 Council Meeting Minutes 3 January 23. 1995 ~2ESOLUTION NO. 8226 RESOLUTION AUTHORIZING PUBLIC SALE OF TAX FORFEITED PROPERTY LOCATED AT 6426 EMERSON AVENUE This resolution appears as Resolution No. 8226 in Resolution Book No. 64. E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PARK SIGNS FROM REDWOOD SIGNS, INC. IN AMOUNT OF $9,303.84 C.L. 27 F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR RANGE BALLS FOR RICH ACRES DRIVING RANGE FROM SPALDING IN AMOUNT OF $6,942.06 C.L. 28 G. APPROVED PURCHASE IN EXCESS OF $5,000 FOR 1994 WATER APPROPRIATION PERMIT FROM MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AMOUNT OF $5,841 C.L. 29 H. APPROVED PURCHASE IN EXCESS OF $5,000 FOR CHANGE ORDER FOR DREDGING AT WATER PLANT AND CHRISTIAN PARK FROM STAN POND SERVICES IN AMOUNT OF $31,772.50 C.L. 30 I. APPROVED AWARD OF CONTRACT FOR HEAVY TRUCKS FOR USE BY COMMUNITY SERVICES DIVISIONS FROM LAKELAND FORD TRUCK SALES, INC. THROUGH HENNEPIN COUNTY CONTRACT IN TOTAL AMOUNT OF $134,954 C.L. 31 J. APPROVED ESTIMATE #2 PAYMENT FOR CONSTRUCTION OF SHELTER BUILDING AT WASHINGTON PARK CP897; C.K.C. CONSTRUCTION, INC.; $63,146.00 K. APPROVED FIRST AND FINAL PAYMENT FOR LIME SLUDGE EXCAVATION AND REMOVAL AND APPURTENANT WORK; STAN POND SERVICES; $126,772.50 L. APPROVED THE FOLLOWING 1995 LICENSE RENEWALS: C&J .ROLL OFF SERVICE: GARBAGE HAULER, 1 VEHICLE BROWNING-FERRIS INC.: GARBAGE HAULER, 11 VEHICLES QUALITY WASTE CONTROL, INC.: GARBAGE HAULER, 6 VEHICLES RANDY'S SANITATION, INC.: GARBAGE HAULER, 4 VEHICLES TOTAL SANITATION COMPANY: GARBAGE HAULER, 1 VEHICLE TOWN TAXI, INC.: 9 VEHICLES M/Siasag, S/Priebe to approve the Consent Calendar. Motion carried 5-0. Council Meeting Minutes 4 January 23, 199 Item #4 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING SECTION 11.5509, SUBD. 3 OF CITY'S ORDINANCE CODE REGULATING UNNECESSARY NOISE BY LICENSED AUTO DEALERS. C.L. N0.32 Acting City Manager Devich reviewed Council Letter No. 32 regarding a proposed ordinance to regulate unnecessary noise and disturbances to adjacent properties from licensed automobile dealers. Marilyn Shaundra, representing Richfield Mitsubishi, 920 West 78th Street, reviewed the dealership's use of a loudspeaker system. She apologized for any disturbance to adjacent neighbors. She stated the system would be redirected and turned down so as not to disturb neighbors during events such as their $5 sale. She questioned how the City would determine what is too loud. Public Safety Director Erskine stated that if a complaint is received of sound beyond 100 feet from the licensee's property line, they would be asked to turn the system d©wn. He indicated a citation would be issued if the problem was not resolved by the dealer. Assistant City Attorney Heine explained that the regulation applied only to licensed automobile dealers as a part of the licensed automobile dealers ordinance section. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Sandahl, S/Rosenberg that this constitute Second Reading of Bill No 1995-1 Amendment to Section 1155 09 Subd 3 that it be published in the ofFcial newspa ep rand that it be made part of these minutes. Motion carried 5-0. Item #5 CONSIDERATION OF RESOLUTION REQUESTING MNDOT FUNDING FOR 1) RICHFIELD LAKE OUTLET, 2) WOOD LAKE DREDGING, AND 3) 1-494 FRONTAGE ROAD FROM PENN AVENUE TO XERXES AVENUE. C. L. NO. 33. Acting City Manager Devich reviewed Council Letter No. 33 regarding a proposed resolution to authorize staff to request the Minnesota Department of Transportation (MnDOT) funding for the following three' projects: 1. Richfield Lake Stormwater Outlet Council Meeting Minutes 5 January 23, 199 2. Wood Lake Dredging 3. 1-494 Frontage Road Penn Avenue to Xerxes Avenue overlay. Council Member Susag asked when the last time Wood Lake was dredged and whether the dredge spoils would be kept on site. Community Services Director Fondrick stated that Wood Lake had not been dredged since construction of the nature center. He indicated the dredge spoils would be kept on site if allowed, otherwise, substantial additional costs would be incurred. Council Member Rosenberg asked if construction of the Richfield Lake Outlet would eliminate the need for intermittent pumping from Richfield Lake. Community Services Director Fondrick responded that it would. Council Member Susag asked Mr. Fondrick to address the concern of a Minneapolis staff person about the impact of the Richfield Lake outlet on the level of Grass Lake. Community Services Director Fondrick stated that the level of Grass Lake. is controlled by the elevation of the connecting pipe and that the proposed Richfield Lake Outlet would not have an impact on the level of Grass Lake. Council Member Priebe suggested the possibility that the City could proceed with the overlay of the 1-494 frontage and be reimbursed by MnDOT for their share since the City would be funding the majority of the cost. M/Priebe, 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. 8227 RESOLUTION AUTHORIZING REQUEST FOR FUNDING FROM MNDOT FOR PURPOSES OF PROVIDING A RICHFIELD LAKE OUTLET, DREDGING OF WOOD LAKE AND AN OVERLAY OF THE 1-494 FRONTAGE ROAD FROM PENN AVENUE TO XERXES AVENUE. Motion carried 5-Q. This resolution appears as Resolution No. 8227 in Resolution Book No. 64. Item #6 CONSIDERATION OF PROPOSED AMENDMENT TO AGREEMENT WITH CSM CONCERNING EMERSON AVENUE. C.L. N0.34 Council Meeting Minutes January 23, 199, Acting City Manager Devich reviewed Council Letter No. 34 regarding a proposed amendment to the agreement with CSM Corporation related to the utilization of Emerson Avenue between 77th Street and 78th Street. M/Sandahl, S/Susag to ,prove the Amendment to Agreement with CSM Corporation concerning Emerson Avenue and authorize the Mayor and Citv Manager to execute the agreement. Motion carried 5-0. Item #7 CONSIDERATION OF PROGRAM STATUS REPORT FROM HOPE PRESBYTERIAN CHURCH REGARDING INTERMITTENT HOMELESS SHELTER AS PART OF INTERFAITH HOSPITALITY NETWORK. C.L. N0.35 Acting City Manager Devich reviewed Council Letter No. 35 regarding receipt of a status report from Hope Presbyterian Church on the operation of its intermittent homeless shelter as part of the Interfaith Hospitality Network. Betty Selness, Hope Presbyterian Church intermittent homeless shelter co- coordinator, reported on the average time the homeless are in the network. M/Susag, S/Sandahl to accept the Hope Presbyterian Church status report on the operation of its intermittent homeless shelter. Motion carried 5-0. Item #8 CONSIDERATION OF 1995 SWIMMING POOL FEES AND CHARGES. C.L. N0.36 Acting City Manager Devich reviewed Council Letter No. 36 regarding the recommendations of the Community Services Commission for 1995 swimming pool fees and charges. He stated that it is recommended that the use of the waterslide be included with the pool admission fees; that the 1995 regular daily admission fees be $5, $3 for those under 42" tall; that the regular single season pass fee be $35; and that the regular family season pass be $54 for the first two names and $12 for each additional name. Council Member Priebe questioned how the elimination of the separate fee for the waterslide would impact the original schedule of revenue and payment of the loan for the waterslide. Council Meeting Minutes 7 January 23, 1995 Community Services Director Fondrick explained how the payback of the loan is made from total pool revenues. Council Member Susag asked about provision made for families who can't afford the fees. Community Services Director Fondrick reviewed the process by which the Community Services Commission uses specific criteria to waive the fees for Richfield residents who cannot afford them. M/Sandahl, S/Susag to approve the 1995 swimming~ool fees and charges as follows• that waterslide bands and the separate charge for same be eliminated and that use of the waterslide be included with the pool admission fees: that the 1995 regular daily admission fees be ~5 $3 for those under 42" tall• that the regular single season pass fee be $35• and that the regular family season pass be X54 for the first two names and $12 for each additional name after the first two names. Motion carried 5-0. Item #9 CONSIDERATION OF APPOINTMENTS OF PERSONS TO VARIOUS CITY ADVISORY BOARD AND COMMISSIONS. C. L. N0.37 Mayor Kirsch stated that the City Council had interviewed 32 candidates interested in appointment to the 21 positions available on various City Advisory Board and Commissions. M/Sandahl, S/Rosenberg to make the following appointments: NAME HUMAN RIGHTS COMMISSION Ron Glaub Marrissa Lewis Jonathan Marxhausen Timothy Missling PLANNING COMMISSION Michell Hadley Kevin Hansen Dawn Postudensek SISTER CITY COMMISSION Bonnie Blaylock Mary Ann Dietl TERM EXPIRES January 31, 1998 January 31, 1998 January 31~, 1998 January 31, 1998 January 31, 1998 January 31, 1998 January 31, 1998 January 31, 1998 January 31, 1998 Council Meeting Minutes 8 January 23, 1995 .Brian McGlinn January 31, 1998 Sue Wagner January 31, 1997 ADVISORY BOARD OF HEALTH John Malknecht January 31, 1998 Mary Jane Markkula January 31, 1998 Jane Myre January 31, 1998 . Russ Rooney ~ Janu: y 31, 1998 Robert See ~ January 31, 1998 CIVIL SERVICE COMMISSION ~Iliam Watson January 31, 1998 COMMUNITY SERVICES COMMISSION Amold Auchstetter January 31, 1998 Elayne Gilhousen January 31, 1998 Tom Ulmer January 31, 1998 Todd Anondson January 31, 1996 Motion carried 5-0. The Council commended the quality of the applicants and thanked all applicants for their interest. Item #10 AIRPORT STATUS REPORT . Council Member Priebe- stated that the Metropolitan Aircraft Sound Abatement Council (MASAC) has scheduled consideration of a resolution in support of the extension of Runway 4-22 for their January 24 meeting.' Mr. mriebe stated that he and Jamie Verbrugge, as Richfield's MASAC representatives, would speak in opposition to the resolution. Item #11 77TH STREET PROJECT STATUS REPORT .Community Services Director Fondrick reviewed the status of the 77th Street Project. Item #12 LEGISLATIVE REPORT None. ,_ .~ Council Meeting Minutes Item #13 COUNCIL DISCUSSION ITEMS 9 Januaq~ 23, 1995 Council Member Rosenberg reminded the public that the Planning Commission will conduct a public hearing about a proposed amendment to the zoning ordinance regulating adult uses on Tuesday, January 24 at 5:30 p.m. Council Member Susag indicated that the individual who had earlier called him to complain about the water has subsequently called to say the problem had cleared up. Council Member Susag inquired about the responsibilities related to sidewalks in relation to the recent ice storm. Community Services Director Fondrick reviewed issues related to sidewalk maintenance. He indicated residents could fill up five gallon buckets of sand at the City garage to use on the icy sidewalks. Council Member Priebe discussed the recent change whereby Cable TV has put C- Span-2 on channel 34 in the evening. Council Member Priebe also discussed the interactive Cable TV capability that US West is developing which could have negative impact on the availability of public access. Item #14 CLAIMS AND PAYROLLS M/Susag, S/Priebe that the following claims and g_aycolls be ap.~roved: RICHFIELD BANK & TRUST CO. Checks 19480-19535; 49681-49918 NORWEST BANK Checks -1223-1224 FIRSTAR BANK Checks 8407-8429 Payroll 83445-83742 Motion carried 5-0. $1,049,259.69 $ 29,000.00 $ 362,980.35 $ 371,348.53 Council Meeting Minutes ADJOURNMENT 10 Januar~~ 23, 199; The meeting was adjourned by unanimous consent at 8:03 p.m. Date Approved: 2/13/95 ~~~~D Thomas P. Ferber City Clerk r~y'~L~ Martin J. Kir ch Mayor 11 I ~ ~ Acting City Manager 1