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05-10-1993CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING May 10, 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 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/Susag to approve the minutes of the Regular City Council Meeting of April 26, 1993. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. - No one wished to address the Council. Item #2 PRESENTATION OF CERTIFICATE FROM RICHFIELD DEPARTMENT OF PUBLIC SAFETY AND A CASH AWARD OF $300 FROM RICHFIELD CRIME FUND TO RESIDENT MAUREEN FISCHER. C.L. NO. 141 Public Safety Erskine presented the Public Safety Department's "Good Achievement Award" to Maureen Fischer for her assistance in helping to solve over 17 burglaries which occurred in the Colony Apartments. John Hamilton, representing the Richfield Crime Fund, presented a 5300 award from the crime fund in appreciation of her service to the community. Council Meeting Minutes -2- May 10, 1993 Item #3 PRESENTATION OF PROCLAMATION DESIGNATING MAY 19, 1993 CITY OF RICHFIELD EMPLOYEE HEALTH AND FITNESS DAY. Council Member Rosenberg read and presented a proclamation designating May 19, 1993 as City of Richfield Employee Health and Fitness Day to Public Safety Director Erskine. Item #4 PRESENTATION OF PROCLAMATION DESIGNATING MAY 10-14, 1993 SMALL BUSINESS WEEK IN RICHFIELD Council Member Priebe read and presented a proclamation designating May 10-14, 1993 as Small Business Week in the City of Richfield to Steve Lindgren, Executive Secretary of the Richfield Chamber of Commerce. Item #5 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Susag to approve the agenda. Motion carried 5-0. Item #6 CONSENT CALENDAR 6A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR FENCING AT NEW MINIATURE GOLF COURSE AT VETERANS MEMORIAL PARK OF RICHFIELD FROM STERLING FENCE, INC. FOR TOTAL OF $5,698.82 C.L. 142 B. APPROVED PURCHASE IN EXCESS OF $5,000 FOR TORO GREENSMASTER 3000 MOWER FOR RICH ACRES GOLF COURSE FROM MTI DISTRIBUTING, INC. FOR TOTAL OF 59,728.78 C.L. 143 C. APPROVED APPLICATION FOR COMMUNITY CELEBRATION EVENT LICENSE WITH FEE WAIVER BY FOURTH OF JULY COMMITTEE FOR EVENTS SCHEDULED TO TAKE PLACE ON JULY 4, 1993 C.L. 144 D. APPROVED #3 PAYMENT FOR GARAGE MAINTENANCE MODIFICATIONS; CM CONSTRUCTION COMPANY, INC.; $35,308.00 1 M/Sandahl, S/Priebe to approve the consent calendar. Motion carried 5-0. 1 Council Meeting Minutes -3- May 10, 1993 Item #7 CONSIDERATION OF RESOLUTIONS FOR 77TH STREET PROJECT IN THE CITY OF RICHFIELD. C.L. NO. 145 City Manager Prosser reviewed Council Letter No. 145 regarding resolutions related to the following five agreements for the 77th Street Project: 1) a cooperative agreement between Minnesota Department of Transportation (MnDOT) and the City of Richfield, 2) an agency agreement for construction engineering services between MnDOT and the City of Richfield, 3) an agreement far utility relocation between U.S. West and the City of Richfield, 4) an agency agreement to recover the costs incurred in the utility relocation between MnDOT and the City of Richfield, and 5) a construction engineering consultant agreement for the 77th Street Project between BRW Inc. and the City of Richfield. Council Member Susag asked questions about the 77th Street Reconstruction budget costs and funding summary. Community Services Director Fondrick reviewed the relationship of the funding, estimated construction costs, reimbursement, and the phases of the project. Council Member Susag suggested that staff provide periodic reports to the City Council regarding the status of the 77th Street Project including schedule timetable, percent of completion, and budget. Council Member Priebe asked if the tunnel design for 77th Street going under Highway 77 was included in this budget. Community Services Director Fondrick stated that this phase of the pro,~ect had not been funded yet. He reviewed the general design of the proposed 77th Sheet/Highway 77 intersection. Lawrence Wozniczka, 6744 Wentworth Avenue South, asked questions about the engineering services contract with consultants BRW and OSM. Community Services Director Fondrick reviewed the scope of the engineering consultants work indicating that about 50~ of it was design work by BRW and 50~ was utility/construction inspection work by OSM. M/Sandahl, S/Susag that the following resolutions be adopted; that they be spread in the resolution book and that they be made part of these minutes: Council Meeting Minutes -4- May 10, 1993 RESOLUTION NO. 8009 RESOLUTION OF THE CITY OF RICHFIELD APPROVING AGREEMENT NO.'70590 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION REGARDING THE 77TH STREET PROJECT This resolution appears as Resolution No. 8009 in Resolution Book No. 62. RESOLUTION NO. 8010 RESOLUTION AUTHORIZING EXECUTION OF AN AGENCY AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION ENGINEERING COSTS FOR THE 77TH STREET PROJECT IN THE CITY OF RICHFIELD This resolution appears as Resolution No. 8010 in Resolution Book No. 62. RESOLUTION NO. 8011 RESOLUTION AUTZ30RIZING EXECUTION Off' A UTILITY AGREEMENT WITH U.S.WEST COMMUNICATIONS FOR THE 77TH STREET PROJECT IN THE CITY OF RICHFIELD This resolution appears as Resolution No. 8011 in Resolution Book No. 62. RESOLUTION N0. 8012 RESOLUTION AUTHORIZING EXECUTION OF AN AGENCY AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION IN UTILITY FORCE ACCOUNT WORK FOR THE 77TH STREET PROJECT IN THE CITY OF RICHFIELD This resolution appears as Resolution No. 8012 in Resolution Book No. 62. RESOLUTION NO. 8013 RESOLUTION AUTHORIZING EXECUTION OF AN AGENCY AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION IN UTILITY FORCE ACCOUNT WORK FOR THE 77TH STREET PROJECT IN THE CITY OF RICHFIELD This resolution appears as Resolution No. 8013 in Resolution Book No. 62. Motion carried 5-0. Council Meeting Minutes -5- May 10, 1993 Item #8 CONSIDERATION OF RESOLUTION SETTING PUBLIC HEARING DATE FOR JUNE 14, 1993 ON ESTABLISHMENT OF RICHFIELD REDEVELOPMENT PROJECT AREA AND MODIFICATIONS TO EXISTING REDEVELOPMENT PROJECT AREAS AND TAX INCREMENT DISTRICTS (LHN, ILN, PASSS, CABA AND RICHFIELD REDISCOVERED). C.L. NO. 146 City Manager Prosser reviewed Council Letter No. 146 regarding setting of a public hearing date to consider the proposed establishment of the Richfield Redevelopment Project Area, modifications to existing redevelopment project areas and tax increment districts. [1 Council Member Priebe stated concerns about combining successful and unsuccessful tax increment financing projects, indicating they should stand alone for judgement. He stated that he had not yet decided on whether to support this proposal and did not want his vote to schedule the public hearing to be interpreted as supporting it. Council Member Sandahl encouraged Council Members and citizens to contact staff if they have questions about the proposals so that these issues can be discussed at the public hearing. Lawrence Wozniczka, 6744 Wentworth Avenue South, requested information and documentation regarding how this would impact taxes on a homeowner. He stated concerns about the impact of deleting the Corporate Travel building from the ILN TIF district. City Manager Prosser reviewed in general terms the impact of utilizing the pooling concept for TIF districts. He stated that further information about how this proposal will impact an average property will be prepared for the public hearing. 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. 8014 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED ESTABLISHMENT OF RICHFIELD REDEVELOPMENT PROJECT AREA, THE MODIFICATION OF CERTAIN PROJECT AREAS AND TAX INCREMENT FINANCING DISTRICTS AND ADOPTION OF THE REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS RELATED THERETO Motion carried 5-0. This resolution appears as Resolution No. 8014 in Resolution Book No. 62. Council Meeting Minutes -6- May 10, 1993 Item #9 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING RICHFIELD CITY CHARTER REGARDING BOND REFERENDUMS. C.L. NO. 147 City Manager Prosser reviewed Council Letter No. 147 regarding a proposed Charter amendment which would require the conduct of a public hearing prior to deciding to request voter approval of a bond referendum. Richard Starleaf, 6505 11th Avenue, President of the Richfield Charter Commission, stated that the Charter Commission unanimously recommended that the City Council approve this Charter amendment. M/Sandahl, S/Priebe that this constitute the First Readina of this ordinance and that the Public Hearing and Second Readina of the ordinance be scheduled for the June 14, 1993 City Council meeting. M©ti©n carried 5~0. Item #10 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING SECTION 840 OF CITY CODE FOR REGULATION OF PUBLIC PARKS C.L. NO. 148 City Manager Prosser reviewed Council Letter No. 148 regarding a proposed ordinance amendment about park regulations regarding the hours parks are closed, the definition of activities which are permitted after closing, and outlines a procedure for a permit which allows exception to the regulations. Council Member Priebe stated concern about how groups will be defined and suggested the proposed ordinance amendment further clarify this issue. Council Member Sandahl stated concern about the enforcement and application of the permit process. Council Member Susag stated that it may not be appropriate to allow a permit for the use of neighborhood parks to the exclusion of adjoining neighbors. Community Services Director Fondrick reviewed issues related to the reservation of parks. City Manager Prosser stated that the City Attorney would review the issues raised by the Council and investigate how to address them in the proposed ordinance. Council Meeting Minutes -7- May 10, 1993 M/Sandah3;-S/Rosenberg that this constitute the First Reading of this ordinance amendment to Chapter VIII, Section 840, and that the Public Hearing and Second Reading of the ordinance be scheduled for the June 14, 1993 City Council meeting. Motion carried 5-O. Item #11 AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport related issues: • NEW FORD TOWN/RICH ACRES ACQUISITION The MAC has responded to the FAA regarding the environmental assessment of the buyout. • DUAL TRACK PROCESS Governor Carlson has appointed a Task Force Panel to review the dual track planning process. • MARK ANDREW PROPOSAL State Representative Garcia informed the City that Hennepin County Commissioner Mark Andrew has proposed that Hennepin County have a representative appointed to the MAC. This is in conflict with Richfield's desire to gain a seat on the MAC. Council Member Priebe stated strong opposition to this proposal. Item #12 LEGISLATIVE REPORT City Manager Prosser reviewed and summarized the current status of legislation related to the following issues: • Local Government Aid • Homestead Credit for improvement to older homes • Tax Increment Financing • Binding arbitration for public employee retirement benefits Item #13 COUNCIL DISCUSSION ITEMS Council Member Susag asked questions regarding a group that is going door to door with a petition to move the airport. Council Meeting Minutes -8- Public Safety Director Erskine reviewed regarding door to door activities and stated registered as required. City Manager Prosser encouraged citizen. police if they have any questions about door Item #14 CLAIMS AND PAYROLLS May 10, 1993 the regulations this group has s to contact the to door activities. M/Sandahl, S/Susag that the following claims and payrolls be avAroved: RYCHFIELD BANK & TRUST CO. Checks 16873-16921; 38933-39194 S 990,592.20 NORWEST BANK Check 1176-1177 $ 13,000.00 FIRSTAR BANK Checks 7406-7427 ~ 766,5?7.89 Payroll 66936-66974; 67293-67600 $ 365,101.90 Motion carried 5-0. ADJOURNMENT The meeting Date Approved:- `~ Thomas P. Ferber City Clerk was adjourned by unanimous consent at 8:27 p.m. 5/24/93 ~~. ~ _ Martin J. Ki sch Mayor am s D. Prosser Manager u