11-12-96 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 12, 1996
CALL TO ORDER
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.
ROLL CALL
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; Bruce Palmborg, Community Development
Director; Mike Eastling, City Engineer; Gretchen Blank, Leisure
Services Coordinator; Randy Hughes, Operations Coordinator;
Vaughn Lambert, Acting Public Safety Director; Thomas Ferber,
City Clerk; William Fillmore, Liquor Operations Director; and John
Dean, City Attorney.
APPROVAL OF MINUTES
M/Sandahl, S/Priebe to approve the minutes of the regular City Council Meeting of
October 28, 1996.
Council Meeting Minutes-2-November 12, 1996
Motion carried 5-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Mayor Kirsch announced that there will be a Special City Council Executive
Session on December 3, 1996 at 5:30 p.m. in the Lobby Conference Room #1 at City Hall.
He stated the meeting will be closed to the public. He stated the purpose of the meeting
is to discuss the City Manager’s evaluation and matters of compensation. Mayor Kirsch
stated that a summary of the December 3 meeting will be discussed in public at the
December 9 regularly scheduled City Council meeting.
Keith Skinner, 7217 Nicollet Avenue, and Nancy Buck, 6748 Grand Avenue,
representing Interfaith Action, presented a report on the Interfaith Action Outreach
Visitation and survey. They summarized and discussed the survey results and followup
on community issues related to crime prevention/public safety, education, and
local/regional taxes.
Item #2PRESENTATION OF CERTIFICATE OF RECOGNITION TO CAROL
KASZYNSKI, DATA PROCESSING TECHNICIAN, WATER MAINTENANCE
DIVISION, FOR AWARD OF PUBLIC WORKS ADMINISTRATIVE
CERTIFICATE.
Council Member Susag read and presented a Certificate of Recognition to Carol
Kaszynski, Data Processing Technician in the Water Maintenance Division,
acknowledging her achievement of a Public Works Administrative Certificate.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
Council Meeting Minutes-3-November 12, 1996
A.APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND
AUTHORIZING PURCHASE ON VOLUNTARY BASIS OF PROPERTY AT
6921 PENN AVENUE C.L. 330
RESOLUTION NO. 8401
ESTABLISHING JUST COMPENSATION FOR PROPERTY
ACQUISITION IN THE 69TH STREET AND PENN AVENUE AREA
This resolution appears as Resolution No. 8401 in Resolution Book No. 66.
A.APPROVED RESOLUTION ADOPTING MINNESOTA STATE LAWS OF 1996,
CHAPTER 471, ARTICLE 7, SECTIONS 21 AND 22 WHICH ALLOWS USE
OF HOUSING REPLACEMENT PROGRAM IN RICHFIELD C.L. 331
RESOLUTION NO. 8402
APPROVING LAWS OF 1996,
CHAPTER 471, ARTICLE 7, SECTIONS 21 AND 22
This resolution appears as Resolution No. 8402 in Resolution Book No. 66.
M/Sandahl, S/Priebe to approve the consent calendar.
Motion carried 5-0.
Item #5PUBLIC HEARING AND SECOND READING OF AN ORDINANCE TO
VACATE DRAINAGE AND UTILITY EASEMENT AT 6334-11TH AVENUE.
C.L. NO. 332,
City Manager Prosser reviewed Council Letter No. 332 regarding a proposed
transitory ordinance to vacate a drainage and utility easement at 6334-11th Avenue.
M/Sandahl S/Susag to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1996-25
Transitory Ordinance No.17.70, that it be published in the official newspaper and that it be
made part of these minutes.
Motion carried 5-0.
Council Meeting Minutes-4-November 12, 1996
Item #6PUBLIC HEARING REGARDING REQUEST FOR CONDITIONAL USE
PERMIT TO ALLOW CONSTRUCTION OF 115-FOOT
TELECOMMUNICATIONS TOWER AT CHRISTIAN PARK, 6900
BLOOMINGTON AVENUE. C.L. NO. 333
City Manager Prosser reviewed Council Letter No. 333 regarding the request of
American Portable Telecom (APT) for a conditional use permit to allow construction of a
115 foot telecommunications tower at Christian Park (6900 Bloomington Avenue).
Linda Whitman, 1701 East 79th Street, Suite 19, representing American Portable
Telecom (APT), stated that APT had reviewed other sites but that Christian Park was the
best site. She reviewed the background of their application and summarized the
neighborhood meetings regarding this proposal. She reviewed the current site proposal
to locate the tower at the northeast corner of the tennis courts as a result of discussions at
the neighborhood meetings and with City staff. She responded to questions from the City
Council indicating that a site on school property had been investigated, that access to the
Christian Park site would remain the same, and that APT would not require any more sites
in Richfield. She stated that APT had one antenna on a water tower in Richfield and that
the rest of the Richfield area would be served by sites in Minneapolis and Bloomington.
John Theiringer, 6945 Bloomington Avenue, stated that residents had asked for a
continuation of a moratorium on telecommunications towers based on their concerns
regarding the proximity to the airport, loss of park property, location within the park,
setback, and whether the accessory equipment should be above or below ground.
Linda Whitman stated that the tower could be placed anywhere within the park.
The proposed location would be the same as an existing light pole with the lights then
being placed on the telecommunications tower. She stated that soil tests had been taken
regarding the feasibility of an underground vault for the accessory equipment. She stated
that there was a concern about the impact of an underground vault on adjacent trees.
She responded to questions regarding security fencing around the accessory equipment.
Ron Urbach, 6926-16th Avenue, asked questions regarding protection of the trees,
authorization of the soil testing, liability, height of the tower, clean up after construction,
preparation of the plans and specification by a Minnesota registered licensed engineer,
use of the proceeds from the lease, conditions related to the change of ownership and
community involvement of APT.
Linda Whitman stated that she is a landscape architect and has concern for the
trees.
Mike O’Rourke, Director of Operations and Engineering for APT, 1701 West 79th
Street, stated that a licensed professional engineer will prepare the plans and
specifications, that the lease would address the transfer of ownership issue, that the FAA
has approved this site, and the APT has not yet formulated their community involvement
plans.
Council Meeting Minutes-5-November 12, 1996
Council Member Priebe asked if APT had considered land located at Diagonal
Boulevard and Highway 77.
Mr. O’Rourke indicated that City ordinance would preclude this site.
Jeffrey Henriksen, 6916-14th Avenue, stated concerns about notification to the
larger group of park users, liability, safety, and access to the tower.
Linda Whitman indicated that the City’s Community Development Department had
notified homeowners beyond the 350 foot requirement.
Mr. O’Rourke stated that normal monthly maintenance would consist of a technician
walking to the site from the parking area and using a laptop computer. He indicated tower
maintenance would probably be yearly with someone physically climbing the tower.
Council Member Susag requested that APT notify the City staff when APT intends
to drive or bring equipment onto the site.
Mr. O’Rourke stated this could be done and that the City’s lights would also be on
the pole along with the potential for another PCS provider.
Kevin Hansen, 6821-14th Avenue, a Planning Commission Member, reviewed the
Planning Commission discussion of this issue. He stated he preferred that the accessory
equipment be underground in a vault if possible for safety, security, and visual reasons.
City Manager Prosser stated that a tree expert should be brought in at the expense
of APT to evaluate the impact on adjacent trees of an underground vault.
Elayne Gilhousen, 6738-15th Avenue, Community Services Commission Chair,
stated that the Commission recommends that the money from the lease be dedicated for
improvements to Christian Park.
Ron Urbach, 6926-16th Avenue, stated concern about safety and liability issues
related to users of the park.
Jeff Henriksen, 6916-14th Avenue, stated concerns about the noise disturbance
that the soil boring tests caused to the neighborhood.
City Manager Prosser stated that City staff does have the ability to authorize soil
testing. He stated normally these tests are done during regular daytime hours.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
City Attorney Dean responded to issues and questions raised during the public
hearing. He stated that when crafting the lease agreement, many of these issues will be
addressed including liability. He stated that creating a preventative environment
Council Meeting Minutes-6-November 12, 1996
regarding liability is as important as the liability assignment, however, the City will require
APT to be responsible and hold the City harmless against liability. He stated the lease
will have to address design, construction, maintenance, access, insurance, and transfer of
ownership issues to the satisfaction of the City. He stated that the City’s loss prevention
experts should also evaluate the installation for safety and security.
City Manager Prosser stated that the League of Minnesota Cities (LMC) has a
model lease the City will use as a standard. He stated that if the City is not satisfied that
the proposed lease addresses all the issues adequately including compensation, it can
refuse this proposal.
Council Member Rosenberg thanked residents for their input and participation in
the neighborhood meetings. She stated she would support this proposal and stated that
APT appears to have been responsive and cooperative in resolving concerns.
Council Member Sandahl requested that the accessory equipment be put
underground if at all possible.
City Manager Prosser stated that City staff understands that an underground vault
is the preference of the City Council if it is feasible and will seek this solution.
Council Member Priebe stated he could sympathize with the neighbors who may
not want the tower near them but that federal law requires cities to accept these towers.
He noted that one is required somewhere in east Richfield and that Christian Park is the
best location considering the amount of land.
Mayor Kirsch stated that the federal law has resulted in ramifications on residential
areas. He stated that Christian Park appears to be the best location available.
M/Sandahl, S/Susag to approve the conditional use permit to allow construction of
a 115-foot telecommunications tower in Christian Park, 6900 Bloomington Avenue, with
the following stipulations:
1.That final placement of the tower equipment be approved by the City
Manager.
2.That placement of any future equipment related to an additional user be
approved by the City Manager.
3.That the tower be constructed to accommodate a second user and APT permit
a second user on the tower, if requested and technically feasible.
Motion carried 5-0.
Item #7CONSIDERATION OF RESOLUTION PROVIDING FOR SALE OF
$5,075,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS,
Council Meeting Minutes-7-November 12, 1996
SERIES 1996 TO FUND FUTURE REDEVELOPMENT OPPORTUNITIES.
C.L. NO. 334
City Manager Prosser reviewed Council Letter No. 334 regarding a resolution
providing for the sale of $5,075,000 General Obligation Taxable Tax Increment Bonds to
fund future redevelopment opportunities.
Council Member Priebe stated that he did not think it was good public policy to
spend $5 million from the LHN and ILN tax increments on projects that would not
contribute to repayment of the bonds. He stated that the projects should be able to pay
for themselves. He stated that the tax increment projects should be closed out when the
increment is sufficient.
City Manager Prosser stated that the repayment of the bonds from the new projects
is not required but may occur.
Mayor Kirsch asked if the other taxing jurisdictions had been notified about this
proposal.
City Manager Prosser stated that they had been notified and no comments had
been received from them.
Council Member Susag stated that the Richfield Rediscovered Program is
supported by a similar arrangement and has been of great benefit to the City. He stated
potential legislative changes may change the ability to access these funds in the future,
therefore, it is prudent for the City to act at this time.
City Manager Prosser stated that tax increment financing is valuable not only to
increase the tax base but to stimulate further development.
Council Member Priebe suggested that the Market Conditions section of the Ehlers
and Associates, Inc. Bond Sale Report should be updated to reflect recent market
changes.
M/Kirsch, 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.8403
RESOLUTION PROVIDING FOR THE SALE OF $5,075,000 GENERAL OBLIGATION
TAXABLE TAX INCREMENT BONDS, SERIES 1996
Motion carried 4-1. (Priebe opposed) This resolution appears as Resolution No.
8403 in Resolution Book No. 66.
Council Meeting Minutes-8-November 12, 1996
Item #8CONSIDERATION OF RESOLUTION DESIGNATING CITY’S
CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL
INSURANCE PREMIUM FOR GENERAL SERVICES AND MANAGEMENT
EMPLOYEES. C.L. NO. 335
City Manager Prosser reviewed Council Letter No. 335 recommending the following
actions with the respect to the City’s insurance contributions for Management and General
Services employees:
A.Life Insurance
That the term life insurance remain at $25,000 with the same premium charge of $4.25
per month per employee.
B.Dental Insurance
That the per employee per month contribution remain at $24. As in the past,
employees who desire dependent coverage would pay the full cost of such additional
premium.
C.Long-Term Disability Insurance
That the long-term disability insurance increase coordination of the benefit from 75%
to 80% all sources maximum with a premium increase of 3 cents to 40 cents per $100
of salary.
D.Group Health Insurance
That the City contribution be increased from a maximum of $345 per month to $365
per month per employee for dependent coverage.
M/Sandahl, 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. 8404
RESOLUTION DESIGNATING CITY’S CONTRIBUTION
TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE
PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES
Motion carried 5-0. This resolution appears as Resolution No. 8404 in Resolution
Book No. 66.
Item #9AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following airport related issues:
Council Meeting Minutes-9-November 12, 1996
xx
Joint MnDOT/City Maintenance Facility
MnDOT is considering the purchase and/or condemnation of land for a
maintenance facility rather than a lease from MAC.
xx
Runway 4-22
Litigation was put on hold to allow for mediation. However, MAC has
unilaterallyterminated mediation.
xx
North/South Runway
The City Council has directed that a team of consultants be assembled to
review the EIS. The City continues to work with the Metropolitan Council on
amending the City’s Comprehensive Plan as it relates to the impact of the
airport.
xx
Rich Acres Golf Course Lease
The City has requested that MAC meet with City to mediate differences
regarding the lease termination issue.
City Attorney Dean presented and reviewed a draft Complaint of Declaratory
and Injunctive Relief and Breach of Contract that could be filed if MAC does not
agree to mediate this issue.
M/Sandahl, S/Kirsch to direct and authorize that the City file the Complaint and
litigation regarding the Rich Acres Golf Course lease if the MAC does not respond
appropriately and in a timely manner to the City’s request to mediate this issue.
Motion carried 5-0.
xx
Alternative Recreation Resources
User groups and staff are reviewing how to meet the recreation needs for
uses which will be displaced as a result of the MAC’s action regarding Rich
Acres and athletic fields.
xx
Runway 4-22 Use
Discussion followed regarding departure points, mitigation, taxiways, runway
use, and international flights.
Item #10LEGISLATIVE REPORT
City Manager Prosser stated that a draft of the City’s Legislative Initiatives had
been completed and that a meeting would be scheduled with the City’s legislative
representatives for discussion of these issues.
Item #11COUNCIL DISCUSSION ITEMS
Council Meeting Minutes-10-November 12, 1996
Council Member Priebe indicated that the Truth in Taxation notices were now being
mailed out and suggested that tomorrow’s budget discussion meeting would have been
more useful if it had been scheduled after homeowners had received the notices.
Council Member Susag stated that it was his idea to schedule this Special meeting
to give residents an opportunity to provide input or ask questions about budget issues not
taxes. He stated the Truth in Taxation hearings were focused on tax issues.
Council Member Sandahl stated concern about the timeliness of a letter from The
Limited, Inc.
Council Member Susag invited the public to the November 13, 1996 Special City
Council Meeting on the City’s budget.
Mayor Kirsch invited the public to the Richfield Foundation’s Rave Revue featuring
the Jumpin’ Jehoshaphats in concert at 7:00 p.m. on November 23 at Richfield High
School.
City Manager Prosser introduced Vaughn Lambert who has been appointed Acting
Director of the Public Safety Department.
Item #12CLAIMS AND PAYROLL
M/Sandahl, S/Susag that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 21688-21756; 62003-62004; 62211-62365$1,034,081.55
FIRSTAR BANK
Checks: 9114-9124$8,872.45
Payroll: 99818-99838; 99843-100125$400,587.92
Motion carried 5-0.
ADJOURNMENT
Council Meeting Minutes-11-November 12, 1996
The meeting was adjourned by unanimous consent at 9:20 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager