05-23-1994CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
May 23, 1994
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; Mike Eastling,
City Engineer; 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 apArove the minutes of the Local
Board of Review Meeting of Maw 9~ 1994; and the minutes of the
Regular City Council Meeting of May 9. 1994.
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 PROCLAMATION DESIGNATING JUNE 3, 1994
MARIAN COUNCIL NO. 3827 KNIGHTS OF COLUMBUS DAY
Council Member Sandahl read and presented a proclamation
designating June 3, 1994 as Marian Council No. 3827 Knights of
Columbus Day in Richfield to Grand Knight John Oxborough, Jr.
Council Meeting Minutes -2- May 23, 1994
Item #3 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Susag to approve the agenda.
Motion carried 5-0.
Ytem #4 CONSENT CALENDAR
4A. APPROVED RESOLUTION AUTHORIZING PURCHASE OF PARTIAL FEE
TAKING, 7700 12TH AVENUE; PHASE II 77TH STREET
PROJECT C.L. 147
RESOLUTION NO. 8143
A RESOLUTION ESTABLISHING COMPENSATION FOR PARTIAL
FEE TAKING AND AUTHORIZING PURCHASE OF PARTIAL FEE TAKING;
7700 12TH AVENUE, PHASE II - 77TH STREET PROJECT
This resolution appears as Resolution No. 8143 in Resolution
Boolc No. 64.
B. APPROVED RECOMMENDATIONS TO AWARD CONTRACT FOR PHASE 177TH
STREET IMPROVEMENT PROJECT LANDSCAPE AND IRRIGATION SYSTEM
WORK TO LINO LAKES NURSERY IN AMOUNT OF $411,951 C.L. 148
C. APPROVED HID MINUTES/TABULATION FOR SITE REDEVELOPMENT OF
WASHINGTON PARK AND AWARD OF CONTRACT TO SUNRAM
CONSTRUCTION, INC.,-INCLUDING BID ALTERNATE #6, IN TOTAL
AMOUNT OF $297,329.65 C.L. 149
D. APPROVED BID MINUTES/TABULATION FOR SITE REDEVELOPMENT OF
MADISON PARK AND AWARD OF CONTRACT TO BARBER CONSTRUCTION IN
AMOUNT OF $256,375.16 C.L. 150
E. APPROVED BID MINUTES/TABULATION FOR BUILDING CONSTRUCTION
AND SITE ELECTRICAL WORK AT MADISON PARK AND WASHINGTON PARK
AND AWARD OF CONTRACT TO CKC CONSTRUCTION, INCLUDING
ALTERNATE BID ITEMS FOR METAL ROOFS, IN AMOUNT OF $182,000
FOR MADISION PARK AND IN AMOUNT OF $174,324 FOR WASHINGTON
PARK C.L. 151
F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR UTILITY CARTS AT
GOLF COURSE: ONE CUSHMAN MODEL #898630 TURF TRUCKSTER FROM
CUSHMAN MOTOR COMPANY, INC. IN AMOUNT OF $9,121.73 AND ONE
E-Z-GO TUFF 1 UTILITY VEHICLE FROM R.W. GOLF CARS/UTILITY
VEHICLES IN AMOUNT OF $4,064.04 C.L. 152
Council Meeting Minutes -3- May 23, 1994
G. APPROVED APPLICATION BY FOURTH OF JULY COMMITTEE FOR
COMMUNITY CELEBRATION EVENT LICENSE WITH FEE WAIVER REQUEST
FOR JULY 4 ACTIVITIES C.L. 153
M/Sandahl, S/Priebe to approve the consent calendar.
Motion carried 5-0.
1
Item ~5 CONSIDERATION~OF (1) FINAL PLANS FOR 77TH STREET PHASE
II RECONSTRUCTION PROJECT FOR SEGMENT FROM PORTLAND
AVENUE TO CEDAR AVENUE TO SUBMIT PLANS TO MNDOT FOR
BIDS; (2) RESOLUTION APPROVING SUPPLIIKENTAL AGREEMENT
#1 TO AGENCY AGREEMENT BETWEEN MNDOT AND RICHFIELD FOR
REIMBURSEMENT OF PHASE II PRELIMINARY ENGINEERING
COSTS, AND (3) RESOLUTION APPROVING SUPPLEMENTAL
AGREEMENT #1 TO AGENCY AGREEMENT BETWEEN MNDOT AND
RICHFIELD FOR REIMBURSEMENT OF PHASES I AND II RIGHT OF
WAY ACQUISITION COSTS ON 77TH STREET. C.L. NO. 154
City Manager Prosser reviewed Council Letter No. 154
regarding approval of the final plans for the 77th Street Phase
YI Reconstruction Project and approval of supplemental agreements
for the MnDOT Agency Agreements on preliminary engineering and
right of way acquisition.
Council Member Susag asked questions regarding the federal,
state, and local shares for funding the project and timing of the
MnDOT approval process for Phase II. -~
Community Services~Director Fondrick reviewed the project
funding indicating a split of 80~ Federal, 25~ State, and 5~
local. He stated that after MnDOT approvals and the bid process,
construction on Phase II is anticipated to begin approximately
August 1. _
Mayor Kirsch asked about the timing of structure removal and
backfilling of basements.
Community Services Director Fondrick stated the time frame
would be closer for Phase II than it was in Phase I.
Council Member Priebe asked about the status of funding for
completion of the 77th Street Project, including the tunnel under
Highway 77.
Community Services Director Fondrick reviewed the
communication from Congressman Sabo's office regarding the status
of future funding for the 77th Street Project.
Council Meeting Minutes -4- May 23, 1994
Council Member Priebe asked about receipt of a letter from
an attorney representing an apartment complex which expressed
concerns that the 77th Street Project will have a negative impact
on their property.
Community Services Director Fondrick stated that it appears
that several apartment owners are concerned about the future loss
of the I-494 frontage road due to the expansion of I-494. He
reviewed the access issues as they relate to the 77th Street
Project. Mr. Fondrick noted that there was no change for the New
Orleans Court Complex and that the Sage Companies choose not to
have direct access to 77th Street.
M/Sandahl, S/Susag to approve the final plena for the 77th
Street Phase II Reconstruction Project, as on file with the City
Engineer, for the segment from Portland Avenue to Cedar Avenue
for submittal to the Minnesota Department of Transportation
(MnDOT) for bids; and that the following resolutions be adopted;
that they be spread in the resolution book and that it be made
part of these minutest
RESOLUTION NO. 8144
RESOLUTION APPROVING SUPPLEMENT #1 TO AGENCY AGREEMENT NO. 69489
WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
REGARDING THE 77TH STREET PROJECT
Motion carried 5-O. This resolution appears as Resolution
No. 8144 in Resolution Book No. 64.
RESOLUTION NO. 8145
RESOLUTION APPROVING SUPPLEMENT #1 TO AGENCY AGREEMENT NO. 69490
WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
REGARDING THE 77TH STREET PROJECT
Motion carried 5-O. This resolution appears as Resolution
No. 8145 in Resolution Book No. 64.
Item #6 CONSIDERATION OF RESOLUTION DENYING A PETITION FOR
ENVIRONMENTAL ASSESSMENT WORKSHEET RELATING TO PROPOSED
SHOPS AT LYNDALE/CSM CORPORATION PROJECT. C.L. NO. 155
City Manager Prosser reviewed Council Letter No. 155
regarding a resolution denying a petition-for an Environmental
Assessment Worksheet for the Shops at Lyndale, CSM Corporation
Prod ect .
Council Meeting Minutes -5- May 23, 1994
Assistant City Attorney Heine, responding to questions,
reviewed the rules related to the referral of the petition by the
Environmental Quality Hoard (EQH) to the City as the Responsible
Governmental Unit (RGU).
M/Susag, S/Sandahl that the following resolution be adopted:
that it be spread in the resolution book and that it be made Dart
of these minutes:
RESOLUTION NO. 8146
A RESOLUTION DENYING A PETITION FOR AN ENVIRONMENTAL
ASSESSMENT WORKSHEET, RELATING TO THE PROPOSED
01SHOPS AT LYNDALE"/CSM CORPORATION PROJECT
Motion carried 5-0: This resolution appears as Resolution
No. 8146 in Resolution Book No. 64.
Item #7 CONSIDERATION~OF YOUTH APPOINTMENTS TO ADVISORY BOARD
OF HEALTH, HUMAN RIGHTS COMMISSION AND SISTER CITY
COMMISSION. C.L. NO. 156
Mayor Kirsch stated that the City Council had met at 6:1.5
p.m. to interview applicants for youth appointments to the,
Advisory Board of Health, Human Rights Commission, and Sister
City Commission.
M/Sandahl, S/Rosenberg to approve the following youth
appointments:
Term Expires
Advisory Board of Health
Laura Holten May 31, 1995
Human Rights Commission
Alicia Van DerBill~ May 31, 1995
Christopher Holstrom May 31, 1995
Sister City Commission
Kelly Gamble May 31, 1995
Motion carried 5-O.
Item #8 CONSIDERATION OF REVISIONS TO STORM WATER CAPITAL
IMPROVEMENT POLICY. C.L. N0. 157
City Manager Prosser reviewed Council Letter No. 157
regarding proposed revisions to the Storm Water Capital
Improvement Policy.
Council Meeting Minutes -6- May 23, 1994
Pete Willenbring, OSM consultant engineer, reviewed the
following proposed Storm Water Capital Improvement Poliay:
IMPROVEMENTS TO THE STORM WATER SYSTEM WILL BE
CONSIDERED ON THE BASIS OF THE FOLLOWING CRITERIA:
1. Benefit/cost ratio for the improvement must be greater
than one - the benefits will take into account
neighborhood-wide benefits in addition to benefits
limited to the flooded property.
2. Structural damage occurs for rainfall events with a 1$
chance of occurrence.
3. Public improvements should be constructed on public
property.
4. Improvements should be funded through the storm water
utility.
5. City should provide technical expertise and education to
residents in areas not meeting these criteria.
6. Residents of structures that do not have 1$ protection
and there is no eligible public improvement are eligible
for a grant program to increase protection for the
structure.
7. Street flooding will be addressed after areas
experiencing structural flooding-are addressed.
Discussion followed regarding municipal improvement
projects, grant program eligibility, grant program funding, storm
frequencies, and storm water utility rates.
Martin Schroepfer, 7632-34 Logan Avenue, reviewed the
flooding issues related~to this property. He suggested that 200
feet of drain the emptying in the storm sewer would solve the
flooding at this location.
Louis Zieske, 6601 Stevens Avenue, discussed the frequency
of 100 year storms and indicated the engineers have an adequate
solution for his property.
Lynn Slater, 6929 Penn Avenue, stated that funding was
available to help properties that were threatened by Richfield
Lake, but her property was flooded, not dust threatened. She
stated she expected the City would help her.
Mike Nelson, 6913 Penn Avenue, reviewed the severity of the
flooding problems of this property and asked about the plans to
address the problems.
Council Meeting Minutes -7- May 23, 1994
Council Member Rosenberg stated the engineering consultant
had provided concept plans to address the identified flooding
problems, however, the City Council must first pass a revised
Storm Water Capital Improvement Policy.
City Manager Prosser stated that preliminary concepts were
developed to provide cost estimates. He stated the concept for
the 69th to 70th Penn Avenue area would involve the acquisition
of several properties.
Lawrence Wozniczka, 6744 Wentworth Avenue, questioned the
high water level data related to his property.
City Manager Prosser stated that the staff sought to acquire
as accurate data as possible regarding the flooding history of
properties and that staff welcomes verification or correction of
such data.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked if the
proposed policy would increase the storm sewer utility rate. He
also expressed concern about the 100 year storm event statistical
measures.
City Manager Prosser stated the increase to the storm sewer
utility rate is a City Council decision which would depend on the
timing and phasing of storm sewer capital improvements and
budgeting.
Patrick Thul, 6932 Russell Avenue, stated concerns about
flooding in the 70th Street and Russell Avenue area and requested
something be done.
Steve Santos, 6936 Russell Avenue, stated concerns about the
urgency of the flooding problem in the 70th Street and Russell
Avenue area indicating it is a life threatening situation for one
neighbor, in addition to property damage.
City Council discussion followed regarding storm sewer
utility rates and funding issues related to the proposed Storm
Water Capital Improvement Policy which will be determined in the
budget process. Council Member Priebe suggested an alternative
of borrowing from the cash balance of the sanitary sewer fund.
M/Susag, S/Rosenberg to a~orove the following revised Storm
Water Capital Improvement Policy as presented and on file with
the City Engineer:
STORM WATER CAPITAL IMPROVEMENT POLICY
IMPROVEMENTS TO THE STORM WATER SYSTEM WILL BE
CONSIDERED ON THE BASIS OF THE FOLLOWING CRITERIA:
1. Benefit/cost ratio for the improvement must be greater
than one - the benefits will take into account
neighborhood-wide benefits in addition to benefits
limited to the flooded property.
Couaci~. tit. l~iautes -8- May 23, 1994
2. Structural damage occurs for rainfall events with a 1$
chance of occurrence.
3. Public improvements should be constructed on public
property.
4. Improvements should be funded through the storm water
utility.
5. City should provide technical expertise and education to
residents in areas not meeting these criteria.
6. Residents of .structures that do not have 1$ protection
and there is no eligible public improvement are eligible
for a grant program to increase protection for the
structure.
7. Street flooding will be addressed after areas
experiencing structural flooding are addressed.
Motion carried 5-0.
Item #9 AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following
airport issues:
• RUNWAY 4-22 EXTENSION
The City met with Northwest Airlines regarding the Runway
4-22 issue including discussion about Northwest's need for a
long runway for both international flights and during runway
reconstruction work. A future mediated session meeting with
.Northwest Airlines,. the MAC, and the City is possible on the
issue. MAC Chair Dick Braun met with the City Manager
regarding this suggestion.
® MSP LONG TERM COMPREHENSIVE PLAN
The status remains unchanged.
• STATE YMPACT AID
The State Legislature approved a one time State aid payment
to the Richfield Independent School District #280 to
compensate for loss of students due to the New Ford
Town/Rich Acres acquisitions.
Item #10 77TH STREET PROJECT STATUS REPORT
Council Meeting Minutes -9- May 23, 1994
Community Services Director Fondrick reviewed the status of
the 77th Street Reconstruction Project. He indicated that due to
the complexity of the work at 77th Street and Lyndale Avenue, it
would take until the end of June to complete that work. He also
indicated the sound wall construction sequence was related to the
loop street construction.
Community Services Director Fondrick reviewed the status of
the Water Plant Renovation Project.
Item X11 LEGISLATIVE REPORT
City Manager Prosser stated that the Legislature had
provided a small increase in Local Government Aid (LGA) and that
the anticipated legislation related to gunshops did not pass. He
stated a full report is forthcoming.
Item #12 COUNCIL DISCUSSION ITEMS
Council Member Susag discussed the following:
® Richfield Historical Society Book Sale - June 4, 1994
e Augsburg Park Friends of the Library Book Sale -
June 8, 1994 5:00 p.m. to 8:00 p.m.
® Metropolitan Waste~Control Commission Proposed Budget and
rate increase
~ New concrete pad in front of Pet Food Warehouse at Market
Plaza
City Manager Prosser stated staff would review the safety
issue related to the concrete pad at Market Plaza.
Item #13 CLAIMS AND PAYROLLS
M/Sandahl, S/Priebe that the following claims and payrolls
be a.~Droved :
RICHFIELD BANK & TRUST CO.
Checks 18255-28570; 45434-45665 $ 980,180.62
Council Meeting Minutes
NORWEST BANK .
Check 1207
H~'YRSTAR BANK
Checks 8031-8054
Checks 76839-76875; 77005-77304
M~ion carried 5-0.
AD30L)RNMENT
-10- May 23, 1994
$ 14,000.00
$ 380,508.72
s5 380,206.93
The meeting was adjourned by unanimous consent t 8:20 .m.
~_ ~ 9~ c
Date Approved: 6/ 13/ 94
Th®a~as ~ o ~'erbe _
City Clerk------ --
D . Pro
Manager
1