09-08-97 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 8, 1997
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 Kristal Stokes.
Staff Present :James Prosser, City Manager; Steven Devich, Administrative
Services Director; Thomas Ferber, City Clerk; Bruce Palmborg,
Community Development Director; Mike Eastling, Public Works
Director; Gretchen Blank, Recreation Services Director; Randy
Hughes, Operations Coordinator; William Fillmore, Liquor
Operations Director; and Corrine Thomson, Assistant City Attorney.
APPROVAL OF MINUTES
M/Stokes, S/Susag to approve the minutes of the Regular City Council Meeting of
August 25, 1997; the minutes of the Special City Council Budget Meeting of August 27,
1997; and the minutes of the Special City Council Budget Meeting of September 3, 1997.
Motion carried 5-0.
Council Meeting Minutes-2-September 8, 1997
Item #1PRESENTATION OF QUALITY OF EXCELLENCE AWARD FOR
PLAYGROUND IMPROVEMENTS IN CITY OF RICHFIELD FROM EARL F.
ANDERSEN, INC. C.L. NO. 227
Warren Anondson, President of Earl F. Andersen, Inc. (EFA, Inc.), presented the
Quality of Excellence Award to Recreation Services Director Gretchen Blank in
recognition of the City of Richfield’s upgrading and improvement of park playgrounds.
Ross Johnson, EFA, Inc., read a letter from EFA, Inc. Commending the City of
Richfield for receipt of the 1996 Quality of Excellence Award.
Matt Finnegan, EFA, Inc., presented a framed picture to the City in recognition of
the award.
Item #2PRESENTATION OF PROCLAMATION DESIGNATING FIRST ANNUAL
NATIONAL FAMILY HEALTH AND FITNESS DAY AT VETERANS
MEMORIAL PARK OF RICHFIELD ON SEPTEMBER 28, 1997.
C.L. NO. 228
Council Member Rosenberg read and presented a proclamation to Special
Programs Manager Frank White designating September 28, 1997 as the first annual
National Family Health and Fitness Day in the City of Richfield.
Special Programs Manager White invited the public to participate in the City of
Richfield National Family Health and Fitness Day at Veterans Memorial Park on
September 28, 1997.
Item #2APRESENTATION OF PROCLAMATION DESIGNATING CONSTITUTION
WEEK SEPTEMBER 17-23, 1997.
Council Member Susag read a proclamation designating the week of September
17-23, 1997 as Constitution Week in the City of Richfield.
Item #3PRESENTATION OF WOOD LAKE NATURE CENTER HOME MADE MAPLE
SYRUP TO COUNCIL MEMBERS. C.L. NO. 229
Council Meeting Minutes-3-September 8, 1997
Wood Lake Nature Center Naturalist Tom Moffat presented a bottle of the 1997
Wood Lake Nature Center maple syrup to each Council Member as a symbol of the many
activities at the Wood Lake Nature Center and acknowledgment of the support of the City
Council for the Nature Center.
Recreation Services Director Blank invited the public to participate in the annual
FOWL Ball Golf Klassic on September 20, 1997 at the Rich Acres Golf Course.
Item #4OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the Council.
Item #5 COUNCIL APPROVAL OF AGENDA
Council Member Susag requested that consent calendar Item #6A be removed from
the consent calendar for discussion.
Mayor Kirsch stated that consent calendar Item #6A. Consideration of Approval of a
Resolution requesting Hennepin County Assistance in Oversight of Minnehaha Creek
Watershed District, would be removed from the consent calendar and placed on the
regular agenda for consideration as Item #10A.
M/Sandahl, S/Stokes to approve the agenda as amended.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
A.Removed from the consent calendar and placed on the regular agenda for
consideration as Item #10A.
B.APPROVED RESOLUTION APPROVING SPECIAL LEGISLATION
AUTHORIZING THIS OLD APARTMENT PROGRAM IN RICHFIELD C.L. 231
RESOLUTION NO. 8501
Council Meeting Minutes-4-September 8, 1997
RESOLUTION APPROVING SPECIAL LAW
REGARDING EXCLUSION FOR ASSESSMENT PURPOSES
OF CERTAIN IMPROVEMENTS TO APARTMENTS
This resolution appears as Resolution No. 8501 in Resolution Book No. 67.
C.APPROVED RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED
DESTRUCTION AGAINST PROPERTY OWNER IN AMOUNT OF $244.95 C.L.
232
RESOLUTION NO. 8502
RESOLUTION LEVYING SPECIAL
ASSESSMENT FOR WEED DESTRUCTION
This resolution appears as Resolution No. 8502 in Resolution Book No. 67.
D.APPROVED RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE
ABATEMENT FEES AGAINST PROPERTY OWNER IN AMOUNT OF $5,026.07
C.L. 233
RESOLUTION NO. 8503
RESOLUTION LEVYING SPECIAL
ASSESSMENT FOR NUISANCE ABATEMENT
This resolution appears as Resolution No. 8503 in Resolution Book No. 67.
E.APPROVED RESOLUTION AUTHORIZING SPECIAL LAW 1997, CHAPTER 233,
ARTICLE 1, SECTION 46 CONCERNING RICHFIELD POLICE AND FIRE RELIEF
ASSOCIATION BENEFIT MULTIPLIER C.L. 234
RESOLUTION NO. 8504
RESOLUTION AUTHORIZING APPROVING SPECIAL LAW 1997, CHAPTER
233, ARTICLE 1, SECTION 46, CONCERNING RICHFIELD POLICE AND FIRE
RELIEF ASSOCIATION BENEFIT MULTIPLIER
This resolution appears as Resolution No. 8504 in Resolution Book No. 67.
F.APPROVED UPDATED 1998-1999 COMMUNITY HEALTH SERVICES PLAN C.L.
235
G.APPROVED REJECTION OF ALL BIDS FOR RESURFACING OF 64TH STREET
BETWEEN PORTLAND AND NICOLLET AVENUES C.L. 236
H.APPROVED COMMUNITY CELEBRATION EVENT LICENSE WITH FEE WAIVER
TO RICHFIELD VISIONS, INC. FOR RICHFIELD CATTAIL DAYS ON
SEPTEMBER 20 AND 21, 1997 C.L. 237
Council Meeting Minutes-5-September 8, 1997
M/Susag, S/Stokes to approve the consent calendar.
Motion carried 5-0.
Item #7CONSIDERATION OF 1997 REVISED/1998 PROPOSED BUDGET
RESOLUTIONS ADOPTING 1998 PRELIMINARY TAX LEVY, TRUTH IN
TAXATION HEARING DATES AND CANCELING 1998 AD VALOREM LEVY
FOR CERTAIN SPECIAL ASSESSMENT BONDS. C.L. NO. 238
City Manager Prosser reviewed Council Letter No. 238 regarding the 1997
Revised/1998 Proposed Budget Resolutions, adoption of the 1998 preliminary property
tax levy and dates for the Truth in Taxation public hearing, and cancellation of certain ad
valorem tax levies for special assessment bonds.
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:
RESOLUTION NO. 8505
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 1998
This resolution appears as Resolution No. 8505 in Resolution Book No. 67.
RESOLUTION NO. 8506
RESOLUTION AUTHORIZING CANCELLATION OF CERTAIN AD VALOREM TAX
LEVIES ON THE IMPROVEMENT BONDS OF 1980
This resolution appears as Resolution No. 8506 in Resolution Book No. 67.
RESOLUTION NO. 8507
RESOLUTION AUTHORIZING CANCELLATION OF CERTAIN AD VALOREM TAX
LEVIES ON THE IMPROVEMENT BONDS OF 1983
This resolution appears as Resolution No. 8507 in Resolution Book No. 67.
Motion carried 5-0.
Item #8CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE
PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM
SPECIAL REVENUE FUND. C.L. NO. 239
Council Meeting Minutes-6-September 8, 1997
City Manager Prosser reviewed Council Letter No. 239 regarding first reading of a
proposed transitory ordinance providing for the expenditure of money from the special
revenue fund for the following capital improvements:
Sheridan Park$400,000
Wood Lake Bridges/Docks$89,500
Ice Arena Lockerrooms$10,500
Ice Arena Lockerrooms$110,000
City Manager Prosser explained that the $110,000 for the Ice Arena lockerrooms is
a carryover from the 1996 transitory ordinance. He stated the original ordinance
approved by the City Council stated that this $110,000 was budgeted for a 100 car
parking lot at Veterans Memorial Park; however, the City Council reallocated those funds
to be used for the Ice Arena lockerroom improvement.
M/Sandahl, S/Stokes that this constitute the First Reading of this transitory
ordinance providing funding for certain capital improvements from the special revenue
fund; and that the Public Hearing and Second Reading of the ordinance be scheduled for
the September 22, 1997 City Council meeting.
Motion carried 5-0.
Item #9CONSIDERATION OF EXPENDITURE NOT TO EXCEED $100,000 FROM
STORM WATER UTILITY FUND TO ASSIST IN CREATING REGIONAL
RETENTION POND TO RELIEVE FLOODING AT FOUNTAINHEAD
APARTMENTS IN CONJUNCTION WITH PONDING FOR GALYAN’S
TRADING CO. C.L. NO. 240
City Manager Prosser reviewed Council Letter No. 240 regarding authorization for
an expenditure from the storm water utility fund, not to exceed $100,000, to assist in
creating a regional retention pond to relieve flooding at the Fountainhead Apartments in
conjunction with ponding for Galyan’s Trading Co.
Council Member Susag stated that the Fountainhead Apartments had been flooded
in 1987 and it was valid to provide these storm water improvements to address the
problem. He asked about the status of Galyan’s utilizing the pond for interactive
demonstrations.
City Manager Prosser stated that because the pond is on both Galyan’s and the
Fountainhead Apartments property, there has been some difficulty in the two parties
coming to an agreement regarding the amenities and interactive use issues. City
Manager Prosser indicated the City expects that at least a walking path will be included
Council Meeting Minutes-7-September 8, 1997
with the pond. He stated that mediation has been scheduled for Galyan’s, Fountainhead
Apartments and a City representative to discuss these issues.
Mayor Kirsch noted that during recent rainfall events, the City has assisted in the
pumping of water from the existing holding pond to a storm sewer on Knox Avenue. He
asked if this proposed new pond and lift station would improve the flooding problem at the
Fountainhead Apartments.
City Manager Prosser stated that the enlarged pond and lift station would provide
the same 100 year storm level of protection as other parts of the City.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked if the retention pond would
be on public or private property.
City Manager Prosser stated the pond would be on the private property of Galyan’s
and the Fountainhead Apartments.
Mr. Wozniczka stated that he was disturbed that $100,000 was being spent to
serve these properties when there were other storm water needs to address such as
street flooding by his property. He inquired about the technical aspects of increased
capacity of this project and stated concern that this appeared just to be a contribution to
private development.
City Manager Prosser stated that the storm water retention pond would help a large
number of Richfield residents who live in the Fountainhead Apartments. He stated that
commercial and multi-family properties have a higher storm sewer utility rate than single
family residential properties.
Council Member Sandahl stated that there are low spots in the City and that in
order to address flooding problems, improvements have often been made on private
property.
Public Works Director Eastling reviewed the storm sewer utility fees for the
Fountainhead Apartments and Galyan’s. He indicated that the storm sewer utility would
fund the lift station pump and enlarged regional storm water retention pond which will
principally benefit the Fountainhead Apartments. He stated the City would receive a
storm water easement for the pond.
Mr. Wozniczka questioned the amount of increased capacity of the pond and where
storm sewer improvements had been made on private property.
Public Works Director Eastling stated that he could provide Mr. Wozniczka with the
technical calculation of increased capacity. He reviewed examples of storm water
drainage improvements relating to private property including 69th - 70th Streets on Penn
Avenue, 73rd Street and First Avenue and 77th Street and Logan Avenue.
Council Meeting Minutes-8-September 8, 1997
M/Susag, S/Sandahl to authorize an expenditure from the storm water utility fund in
an amount not to exceed $100,000 for the City’s share of providing 100 year storm sewer
protection to both Galyan’s Trading Company and The Fountainhead Apartments to assist
in creating a regional retention pond.
Motion carried 5-0.
Item #10CONSIDERATION OF REVIEW OF CONCEPT DESIGN AND AGREEMENT
WITH SHORT ELLIOT HENDRICKSON TO DEVELOP PLANS AND BID
SPECIFICATIONS FOR NEW MAINTENANCE FACILITY FOR CITY OF
RICHFIELD ADJACENT TO WATER PLANT IN VETERANS MEMORIAL
PARK OF RICHFIELD. C.L. NO. 241
City Manager Prosser reviewed Council Letter No. 241 regarding the concept
design and consideration of an agreement with Short Elliot Hendrickson (SEH) to develop
plans and bid specifications for a new City maintenance facility adjacent to the Water
Plant in Veterans Memorial Park of Richfield.
Public Works Director Eastling stated that the plans and specifications would be
presented for approval by the City Council prior to the anticipated January 1998 project
bid.
M/Sandahl, S/Susag to approve the concept plan and to authorize Work Order No.
2, not to exceed $246,100, with Short Elliot Hendrickson, Inc. (SEH) for preparation of
plans and specifications for the bidding and construction of a new maintenance facility for
the City in Veterans Memorial Park of Richfield.
Motion carried 5-0.
Item #10ACONSIDERATION OF APPROVAL OF RESOLUTION REQUESTING
HENNEPIN COUNTY ASSISTANCE IN OVERSIGHT OF MINNEHAHA
CREEK WATERSHED DISTRICT. C.L. NO. 230
City Manager Prosser reviewed Council Letter No. 230 regarding a proposed
resolution requesting Hennepin County assistance in the oversight of the Minnehaha
Creek Watershed District.
Council Member Susag stated that he had requested that this item be removed
from the consent calendar for discussion because of the seriousness of the message of
the City of Richfield and other cities concerns about the Minnehaha Creek Watershed
District, its operations, rules, and procedures.
Council Meeting Minutes-9-September 8, 1997
Council Member Sandahl stated that concerns regarding these issues had been
ongoing and were of concern to other cities in the District.
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. 8508
RESOLUTION REQUESTING COUNTY ASSISTANCE
IN THE OVERSIGHT OF THE
MINNEHAHA CREEK WATERSHED DISTRICT
Motion carried 5-0. This resolution appears as Resolution No. 8508 in Resolution
Book No. 67.
Item #11AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following airport issue:
xx
Runway 4-22 Litigation
The Eighth Circuit Court had set a date in early September for pre-trial motion.
However, the FAA has not yet completed the 4-22 administrative record on the
EIS. A joint motion to extend time for preparation and filing of Certified List of
Contents of Administrative Record and to adjust briefing schedule has been
filed with the Eighth Circuit Court of Appeals. The joint motion, between the
FAA and City of Richfield, will give both parties an extension to the trial date.
Item #12LEGISLATIVE REPORT
City Manager Prosser stated that the City is exploring the possibility of the following
legislative initiatives during the 1998 legislative session.
x
State bonding to assist in funding for replacement of the ballfields lost due to
the airport expansion.
x
Modification to the E.I.S. process to assure community impacts are addressed
relating to airport expansion.
Item #13COUNCIL DISCUSSION ITEMS
Council Meeting Minutes-10-September 8, 1997
Council Member Susag invited the public to participate in the fourth annual FOWL
Ball Golf Klassic which will be held on Saturday, September 20 at the Rich Acres Golf
Course.
Council Member Susag encouraged City Council Members to attend the 1997
Regional Meeting of the League of Minnesota Cities and Association of Metropolitan
Municipalities which will be held on Wednesday, September 24, 1997 from 3:30 p.m. -
9:00 p.m. at the Decathlon Club. He stated presentations will include “Citizen Trends and
Issues Affecting Metropolitan Cities” by Dr. Bill Morris and a Youth Issues panel.
Mayor Kirsch invited the public to attend Cattail Days events at Veterans Memorial
Park on September 20 and September 21.
Mayor Kirsch stated that the September edition of the Your City Newsletter has
been mailed to residents. He encouraged residents to call City staff if they need further
information regarding the articles in the newsletter.
Item #14CLAIMS AND PAYROLL
M/Susag, S/Stokes that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 69872-69897; 70199-70537$1,622,486.58
FIRSTAR BANK
Checks: 106561-106595; 107435-107760$469,699.52
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:59 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. Ferber City ClerkJames D. Prosser City Manager