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03-09-98 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting March 9, 1998 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; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; William Fillmore, Liquor Operations Director; Randy Hughes, Operations Coordinator; Chris Regis, Finance Manager; and Corrine Thomson, City Attorney. APPROVAL OF MINUTES M/Sandahl, S/Susag to approve the minutes of the regular City Council Meeting of February 23, 1998 and the minutes of the regular City Council Study Session of March 2, 1998. Council Meeting Minutes-2-March 9, 1998 Motion carried 5-0. Council Meeting Minutes-3-March 9, 1998 Item #1PRESENTATION OF CERTIFICATE OF APPRECIATION TO RICHFIELD HIGH SCHOOL BAND AS GOODWILL AMBASSADORS FOR THE CITY OF RICHFIELD DURING THEIR TRIP TO LONDON, ENGLAND. Council Member Rosenberg read and presented a Certificate of Appreciation to the Richfield High School Marching Band in recognition of their achievements and actions as goodwill ambassadors for the City of Richfield during their trip to London, England. Amy Erickson, Richfield High School Band Director, reviewed the band’s activities in London and introduced student leaders Shannon McNeil, John Pendroy, and Kaylynn Breid. Item #2PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AWARDED BY GOVERNMENT FINANCE OFFICERS ASSOCIATIONC.L. NO. 45 . Council Member Susag read and presented the Certificate of Achievement for Financial Reporting to Finance Manager Chris Regis on behalf of the Government Finance Officers Association (GFOA). Item #3OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Nel Johnson, a teacher at Richfield Intermediate School, explained her fifth grade class study project regarding health, safety, and the environment and its focus on smoking. She stated a number of her students were present to speak to the City Council on this subject. Jenny Nelson, 7540 Bryant Avenue, reviewed statistics regarding the number of deaths attributed to cigarette smoking. She suggested removal of the Camel billboard located at I-494 and 4th Avenue because of its bad influence on young people. Matt Ashley, 7527 18th Avenue, spoke about the negative impact of the Camel billboard on young people. Anna Bishop, 6636 Washburn Avenue, requested that the City Council pass a resolution for removal of the Camel billboard. Council Meeting Minutes-4-March 9, 1998 Rachel Gieske, 6239 Third Avenue, spoke about the negative impacts of smoking and asked for the removal of the Camel billboard. Steven Adams, 7415 Fremont Avenue, requested that the Camel billboard be taken down because of the negative impact of smoking on health and that the billboard is an eyesore. Amanda DelRosario, 6532 Emerson Avenue, spoke about the Camel billboard as an enticement for smoking which results in serious health problems. Katy Brown, 7126 Tenth Avenue, stated that cigarette companies should take down billboards because they influence kids to smoke. Mayor Kirsch thanked and acknowledged the class for their input on this issue. City Attorney Thomson gave a summary of local ordinance, state, federal, and constitutional regulations as they relate to billboards and advertising content. Council Member Sandahl spoke about the seriousness of the problems smoking causes and asked if it was possible for the City to look at an ordinance restricting tobacco advertising because the public safety issue of public health. City Attorney Thomson stated that she would research the possibility of such restrictions. She indicated that there may be some court cases from the east coast recently which upheld local restrictions. City Manager Prosser indicated that the current state and federal litigation involving tobacco companies may yield some further restrictions for tobacco. Council Member Susag suggested that the class forward their letters to Senator Grams, Senator Wellstone, Congressman Sabo, and Attorney General Humphrey. He also suggested that the City Council, under signature of the Mayor, forward a copy of the fifth grade statements to Universal Outdoor, Inc. Council Member Sandahl suggested that the City Council pass a resolution of support of the students request to send to the Universal Outdoor, Inc. He also requested that the City Attorney investigate the possibility for a local ordinance restricting or controlling this type of outdoor advertising. Council Member Rosenberg complimented the students on their presentations and spoke in support of the measures discussed. She stated that the City Council had previously requested that Universal Outdoor, Inc. voluntarily restrict tobacco and alcohol advertising. She indicated that their response was that they would do so only if the City rescinded its billboard sign ordinance. Council Meeting Minutes-5-March 9, 1998 M/Sandahl, S/Susag that the Richfield City Council, upon hearing the presentations of Nel Johnson’s fifth grade class, hereby supports their position that cigarette advertising is detrimental to the health of students and the general public; and, that the City Council further urges Universal Outdoor, Inc. to take this into consideration of removing the cigarette advertising on the billboard sign as requested by the students. Motion carried 5-0. Mayor Kirsch directed the City Manager to follow up on the issues and suggestions that were discussed. Item #4 COUNCIL APPROVAL OF AGENDA Mayor Kirsch stated that the responses to the maintenance facility questions would be read during the meeting under Agenda Item #16A. He clarified that Agenda Item #9 was cancellation of the public hearing rather than a continuation of the public hearing. M/Sandahl, S/Rosenberg to approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR M/Sandahl, S/Rosenberg to table Consent Calendar Item #5A “Consideration of approval of resolution authorizing agreement with Fortis Insurance Company for long- term disability insurance benefits for certain full-time employees C.L. 46” to allow the City Attorney time to review a possible conflict of interest issue regarding this item. Motion carried 5-0. A.Removed from the consent calendar and tabled. B.APPROVED RESOLUTION DESIGNATING OFFICIAL INVESTMENT DEPOSITORIES FOR CITY OF RICHFIELD FOR 1998 C.L. 47 RESOLUTION NO. 8559 RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 1998 Council Meeting Minutes-6-March 9, 1998 This resolution appears as Resolution No. 8559 in Resolution Book No. 67. C.APPROVED MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND L.E.L.S. LOCAL 225 (911 DISPATCHERS) CREATING LEAD DISPATCHER ASSIGNMENT C.L. 48 D.APPROVED PURCHASE OF TRAILER FROM ST. JOSEPH EQUIPMENT IN AMOUNT OF $11,875 AND PURCHASE ORDER FOR $11,000 TO ZIEGLER, INC. TO REPAIR 1988 BARCO MILLING MACHINE C.L. 49 M/Sandahl, S/Susag to approve the consent calendar as amended. Motion carried 5-0. Item #6PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM SPECIAL REVENUE FUND. C.L. NO. 50 City Manager Prosser reviewed Council Letter No. 50 regarding a proposed transitory ordinance to authorize funding of the following capital improvements from the Special Revenue Fund: Playfeatures - Fairwood/Monroe Parks$148,500 Tennis Court Improvements 40,000 Wood Lake Furnace/Air Conditioning 30,000 Ice Arena Lockerrooms (repayment) 159,500 Ice Arena Pitch Gravel Roof 20,000 City Hall Remodel - Inspection Lobby 50,000 Traffic Calming 15,000 Retaining Wall Replacement 37,000 M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag that this constitutes Second Reading of Bill No. 1998-3, Transitory Ordinance No. 17.79, providing for the expenditure of money from the Special Revenue Fund for certain capital improvements; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Council Meeting Minutes-7-March 9, 1998 Item #7PUBLIC HEARING AND CONSIDERATION OF RESOLUTION REGARDING URBAN HENNEPIN COUNTY YEAR 1998 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION. C.L. NO. 51 City Manager Prosser reviewed Council Letter No. 51 regarding recommending the following allocation of Year 1998 Community Development Block Grant Allocation: 1. Housing Improvements: a. Housing Rehabilitation$136,445 b. Scattered Site Housing 72,000 TOTAL$208,445 2. Public Service: a. H.O.M.E.$ 22,700 b. GMDCA Child Daycare 5,000 c. Other Daycare 3,085 d. CASH 6,000 TOTAL$ 36,785 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Rosenberg 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. 8560 RESOLUTION AUTHORIZING PROJECTED USE OF FUNDS FOR 1998 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS Motion carried 5-0. This resolution appears as Resolution No. 8560 in Resolution Book No. 68. Item #8PUBLIC HEARING AND CONSIDERATION OF AN APPEAL TO BOARD OF ADJUSTMENT AND APPEALS OF DECISION MADE BY COMMUNITY DEVELOPMENT DIRECTOR THAT RELIGIOUS INSTITUTIONS ARE NOT ALLOWABLE USES IN MEDIUM DENSITY MULTIPLE RESIDENTIAL DISTRICT. C.L.NO. 52 City Manager Prosser reviewed Council Letter No. 52 regarding consideration of the appeal by Minneapolis Meeting Rooms, Inc. of a decision made by the Community Council Meeting Minutes-8-March 9, 1998 Development Director that religious institutions are not allowable uses in the MR-2 (medium density multiple residential) district. Tom Chellberg, 7409 Russell Avenue, stated that vacant land is at a premium in Richfield. He stated that they are a Christian group requesting permission to build a meeting room building at 609 West 74th Street to be used for prayer meetings and worship. He stated that the building design and landscape would blend in with the neighborhood. Fred McNiece, 6138 Dupont Avenue, stated that they were a small group that needed extra space for worship. He requested that the City Council approve their request. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. Council Member Sandahl stated he felt it was an oversight that religious institutions were not allowed in an MR-2 district. Council Member Stokes asked if the property was zoned MR-2 when the applicant purchased the property. City Manager Prosser stated that the property was purchased by the applicant in October 1997 and the zoning was MR-2. M/Sandahl, S/Susag to send this item back to the Planning Commission for a recommendation on whether or not a religious use should either be an allowed use in MR- 2 district or a conditional use in MR-2 district. Discussion followed regarding the 60 day statutory timeframe for the City Council, to act upon the request, the ability to have an extension of the 60 day time frame, and the upcoming meeting schedule for the Planning Commission. Council Member Susag suggested an amendment to the original motion that was accepted by Council Member Sandahl. The motion restated: M/Sandahl, S/Susag to table consideration of the appeal of the decision made by the Community Development Director that religious institutions are not allowable uses in an MR-2 district until after the Planning Commission makes a recommendation on whether or not a religious use should either be an allowed use in a MR-2 district or a conditional use in an MR-2 district and that this issue be returned to the City Council within 30 days. Motion carried 5-0. Council Meeting Minutes-9-March 9, 1998 Item #9CANCELLATION OF PUBLIC HEARING REGARDING REQUEST FOR CONDITIONAL USE PERMIT AT 1100 EAST 66TH STREET TO ALLOW DAYCARE FACILITY FOR UP TO 90 CHILDREN. C.L. NO. 53 City Manager Prosser reviewed Council Letter No. 53 recommending cancellation of the public hearing as a result of the Planning Commission’s continuation to March 24 of their review of this request. He stated the public hearing would be rescheduled after the Planning Commission has made a recommendation. M/Sandahl, S/Rosenberg to cancel the public hearing regarding a request for a conditional use permit at 1100 East 66th Street to allow daycare facility and to direct staff to reschedule the public hearing and republish the notice of the public hearing after the Planning Commission has made a recommendation. Motion carried 5-0. Item #10CONSIDERATION OF RESOLUTION AUTHORIZING CONDEMNATION AND QUICK TAKE FOR 6915 AND 6937 PENN AVENUE FOR PENN AVENUE STORMWATER PROJECT. C.L. NO. 54 City Manager Prosser reviewed Council Letter No. 54 regarding a proposed resolution authorizing condemnation and “quick take” procedure to acquire the properties located at 6915 Penn Avenue and 6937 Penn Avenue for the Penn Avenue stormwater project. Council Member Sandahl stated concerns about the use of condemnation and giving residents the idea that the City will buy or condemn their house if they experience flooding. Council Member Rosenberg stated support for this action because of the extreme situation and the fact that the City has been working to acquire the properties since 1994. She stated the City needed to move forward to complete the project and to help the affected neighborhood. Mayor Kirsch stated that condemnation is a serious step, but Mr. Palmborg had tried unsuccessfully over the last several years to have willing sellers and now the City must proceed in order to address the problem. M/Susag, S/Kirsch 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. 8561 Council Meeting Minutes-10-March 9, 1998 RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY LOCATED IN THE 69TH AND PENN AVENUE AREA BY PROCEEDINGS IN EMINENT DOMAIN Motion carried 4-1. (Sandahl opposed) This resolution appears as Resolution No. 8561 in Resolution Book No. 68. Item #11FIRST READING OF ORDINANCE AMENDING CHAPTERS 3 AND 8 OF RICHFIELD CITY CHARTER. C.L. NO. 55 City Manager Prosser reviewed Council Letter No. 55 regarding the recommendation from the Charter Commission to amend Chapters 3 and 8 of the Richfield City Charter modifying procedures for the adoption of ordinances and requiring a public hearing and adoption of an ordinance for certain capital improvements. M/Sandahl, S/Susag that this constitute the First Reading of an ordinance relating to City government; amending Section 3.05 and Chapter 8 of the Richfield City Charter; modifying procedures for the adoption of ordinances; and requiring public hearing and ordinance for certain capital improvements; and that the Public Hearing and Second Reading of the ordinance be scheduled for the April 13, 1998 City Council meeting. Motion carried 5-0. Item #12FIRST READING OF ORDINANCE AMENDMENT REZONING PROPERTY ALONG INTERSTATE 494 THAT IS INCONSISTENT WITH CITY’S COMPREHENSIVE PLAN. C.L. NO. 56 City Manager Prosser reviewed Council Letter No. 56 regarding a proposed ordinance rezoning certain properties that are located along I-494 that are inconsistent with the City’s Comprehensive Plan. M/Sandahl, S/Rosenberg that this constitute the First Reading of an ordinance rezoning certain properties along I-494; and that the Public Hearing and Second Reading of the ordinance be scheduled for the April 13, 1998 City Council meeting. Motion carried 5-0. Item #13CONSIDERATION OF RECEIPT OF UNAUDITED 1997 FINANCIAL REPORT. C.L. NO. 57 Council Meeting Minutes-11-March 9, 1998 City Manager Prosser reviewed Council Letter No. 57 presenting the unaudited annual Financial Report of the City for 1997. M/Susag, S/Stokes to receive the unaudited annual Financial Report of the City for 1997. Motion carried 5-0. Item #14CONSIDERATION OF AUTHORIZING CONNECTIONS FOR COMMUNITIES TO ASSIST COMMUNITY ORGANIZING FOR PUBLIC INPUT FOR THE AIRPORT MITIGATION STRATEGY. C.L. NO. 58 City Manager Prosser reviewed Council Letter No. 58 regarding consideration of authorizing Connections for Communities to assist in community organizing for public input for the airport mitigation strategy. M/Stokes, S/Susag to authorize Connections for Communities to assist the City in organizing community input for the mitigation strategy at a cost of $5,500 for the initial phase and $8,800 for the two month follow up phase. Motion carried 5-0. Item #15CONSIDERATION OF PURCHASE ORDER TO MIKKELSON-WULFF FOR REMODELING WORK AT CITY HALL TO ACCOMMODATE ENGINEERING DIVISION IN AMOUNT OF $17,624. C.L. NO. 59 City Manager Prosser reviewed Council Letter No. 59 regarding proposed remodeling work in order to accommodate the Engineering Division at City Hall. M/Sandahl, S/Susag to approve a purchase order to Mikklelson-Wulff in the amount of $17,624 to perform the remodeling work at City Hall to accommodate the Engineering Division. Motion carried 5-0. Item #16CONSIDERATION OF PROPOSED SITE SELECTION PROCESS FOR NEW CITY MAINTENANCE FACILITY. C.L. NO. 60 Council Meeting Minutes-12-March 9, 1998 City Manager Prosser reviewed Council Letter No. 60 regarding the proposed formation of a Task Force to review the space needs for a maintenance facility and to select a site for a new maintenance facility. He stated the Task Force is proposed to include two members each from the Planning Commission and the Community Services Commission as well as members from the community at large. He stated Edward Sorenson, 7515 Thomas Avenue, and Nancy Stiller, 6414-11th Avenue, have volunteered to serve on the Task Force. City Manager Prosser suggested the tentative site selection timetable as: x March 1998 Assemble Site Selection Task Force x May-June 1998 Task Force reviews sites and holds Open House(s) on possible sites x July-August 1998 Task Force recommendation to the City Council (Public Hearing) He presented a draft Work Plan for the Richfield Public Works Maintenance Facility Site Selection Task Force. Discussion followed regarding public input in the process, the size of the Task Force, and publication of when the Task Force meets. M/Sandahl, S/Stokes to direct the Chair of the Planning Commission to name two members to the Richfield Public Works Maintenance Facility Site Selection Task Force; direct the Chair of the Community Services Commission to name two members to the Task Force; name Edward Sorenson and Nancy Stiller as representatives of the community at large as members to the Task Force and direct the Public Works Director to provide City staff support for the Task Force. Motion carried 5-0. M/Stokes, S/Rosenbergto select Council Member Sandahl to be liaison to the Task Force. Motion carried 5-0. Item #16ARESPONSES TO MAINTENANCE FACILITY QUESTIONS Council Member Sandahl read into the record the following responses to the maintenance facility questions from the January 12, 1998 City Council meeting:: Q.What will the cost be to replant trees within this area? Council Meeting Minutes-13-March 9, 1998 A. Although a final plan has not been prepared, it is estimated that replanting will cost between $10-20,000 using City crews. This estimate includes replanting within the same area. A number of suggestions have been made to provide for replanting of trees from the New Ford Town and Rich Acres area or donating trees. Those options may impact the final cost. The City currently invests $75-100,000 a year in forestry programs. Additionally, the City has achieved a higher level of savings and, therefore, fund balance in 1997 than originally anticipated. Therefore, the replanting will not have an adverse impact on the current operating budget. Q.Did the City follow City Charter requirements regarding public hearings? A. Yes. The City Attorney reports that Section 11.01 of the City Charter requiring public hearings on owning and operating water and other public utilities does not apply to development of a maintenance facility. That section of the Charter requires that the City adopt an ordinance (which requires a public hearing) before the City decides to establish a utility system. The Charter provision did not apply to the maintenance facility because the City was not establishing a new public utility system. Furthermore, the City Attorney questions whether, even under the interpretation proposed by the resident, the Charter would require an ordinance for the construction of a public works garage because the garage will not house any operating plant for the utility system, but will house maintenance equipment. Q.Did the City Charter require that a public hearing on utility rates be held prior to construction of the public works garage? A. No. Section 11.02 requires that the City Council hold a public hearing prior to fixing any rates, fares or prices for municipal utilities. The City staff had proposed that the public works garage be funded in part by utility funds and the staff projected that the Council may want to increase utility rates in the future to cover this cost. These projections by themselves do not trigger the need for a public hearing. A public hearing would be required to occur before the rates would be fixed by the Council. That would be accomplished as part of the normal budgetary process. Q.Did the proposal to use utility funds to pay for a portion of the public works garage violate Section 11.02 of the City Charter? A. No. The City Attorney reports that the City could appropriately use utility funds to pay for that portion of the garage cost directly attributable to utility operation. The funding proposal was consistent with the standard. Q.Was the public works facility a permitted use in the R (residential) zoning district? A. Yes. City Code provides that governmental buildings are a permitted use in the R zoning district. The zoning code also provides that minor public utilities are permitted. The question was raised whether the garage is actually a major public utility which would not be permitted in that zoning district. Examples of public utility buildings would be a water plant or an electric power plant or other utility operating plant; the public works garage falls under a more general category of a governmental building. Q.Can the City require department heads to live within the City of Richfield? Council Meeting Minutes-14-March 9, 1998 A. No. Minnesota Statutes provide that, notwithstanding any contrary provisions of law, home rule, charter, ordinance or resolution, a city may not require that a person be a resident of the city as a condition of employment. (Minneapolis and St. Paul have special authorization to impose residency requirements.) Q.Were design provisions of the maintenance facility disclosed and discussed at prior meetings? A. Yes. Alternative design concepts were reviewed at the August 28, 1997 open house at the water plant. The concept drawings were laid out as alternatives for vehicle storage, equipment, maintenance, office use and mezzanine storage and other uses. A copy of the layout of the main floor has been previously provided and is available upon request. Q.Is a new maintenance facility needed given the loss of New Ford Town and Rich Acres? A. Yes. The loss of New Ford Town and Rich Acres neighborhoods represented about two percent of total land area within the City. Compensating for this loss is the age of the balance of the City infrastructure, that is street maintenance, street lights, water and sewer utilities, which require higher maintenance costs. Q.Who was profiting from the sale of lumber, specifically exotic woods such as cherry, mahogany and oak? A. No money was made on the sale of wood and no money was spent for the disposal tipping fees. Contrary to public comments, 90 percent of the larger trees were cottonwood trees which are not considered to be high quality lumbers. (The tree stand did not include any mahogany or cherry wood.) When the City started the tree removal, names of four sawmills were provided from the DNR. After review by these companies, one company agreed that they would remove and dispose of materials at no cost to the City. Q.Did the removal of trees at the park impact wildlife habitat in this area? A. Wood Lake Nature Center staff determined that there was no unique habitat within close proximity. In addition, Wood Lake Nature Center staff will review replacement landscaping plans to ensure a variety of wildlife habitat is included. QWas an environmental impact statement required for this use? . A. No. SEH, the architectural and engineering firm on the project, has determined that an EIS was not required for the project. Q.Were any of the trees planted by girl scouts removed from the site? A. No.Some groups have helped plant flowering crabs in various parks within the City, but none were removed from the site. Q.What was the cost to remove the trees at Veterans Park of Richfield? A. The cost to remove the tree stumps was approximately $10,000. City staff cost fortree removal was about $20,000. Council Meeting Minutes-15-March 9, 1998 Q.Did the City contact the Department of Natural Resources (DNR) regarding construction of a maintenance facility in Veterans Memorial Park of Richfield? A. Yes. As early as December 1995, the City contacted the DNR and advised them that Richfield was considering this site for the facility. Subsequent to that meeting, City staff continued discussions with the DNR in order to prepare the necessary paperwork to finalize their decision. The City expected, obviously erroneously, that the DNR would grant permissions in early 1998. Since the tree removal is permitted under the DNR agreement, City crews began site preparation when time permitted. Q.Why did the City expect DNR approval? A. It was the City’s understanding that the DNR had permitted boundary revisions to accommodate this type of use in other park areas. In addition, the City had recently converted the water plant lime lagoon area to useable park space. This area was slightly larger than the maintenance facility site. Q.What efforts did the City make to advise residents of the maintenance facility proposal? A. Because of the sensitivity of this issue, special efforts were made to involve residents with this proposal. Those efforts included: x Mailings to residents on the west side of Portland Avenue. x Several articles in the Richfield Sun Current. x A sign at the 64th Street and Portland Avenue entrance to Veterans Memorial Park of Richfield. x An article in the Your City. x Neighborhood open houses. x Public Works/Water Plant open houses. Those efforts, clearly, did not reach all the people who had interests in the park. Additionally and regrettably, the notices and information did not highlight the loss of trees in this area. Q.Did the City receive any resident feedback on the maintenance facility plan prior to the January 12 City Council meeting? A. Yes. Many residents attended meetings about the facility and raised a variety of issues about traffic, trees, and children’s safety. It was the City’s belief that these issues had been satisfactorily addressed. Q.Will the public have input on the plan to replant trees at the park? A. Yes. The Community Services Advisory Commission will be coordinating an effort to obtain input from residents on the plan. The final decision will be made by the City Council, hopefully in time for spring planting. Q.What is the process for selecting a new site for the maintenance facility? A. The City Council is forming a task force to review the space needs for a maintenance facility and to select a site for a new maintenance facility. The task force will include members each from the Planning Commission and the Community Services Council Meeting Minutes-16-March 9, 1998 Commission. The Council has been pursuing a new maintenance facility for the past ten years, especially since the 77th Street Project severed the existing facility at 77th Street and Pillsbury Avenue. Q.What is the timetable for the process to address the maintenance facility? A. The tentative site selection timetable is: x Assemble site selection task forceMarch 1998 x Task force reviews sites and hold open house(s) on  possible sitesMay-June 1998 x Task force recommendation to the City Council (public hearing)July-August 1998 Q.Was cost a factor in the City Council’s initial decision to locate the maintenance facility at the Veterans Park site? A. Yes. Because Richfield is substantially developed, acquisition costs for the maintenance facility were a special concern. It was expected that land purchase would add at least $1 million to the $5.6 million cost for a new maintenance facility. In addition, the current maintenance facility site has strong redevelopment potential. Q.Why does the City not distribute minutes of the Economic Development Committee of Richfield Visions with other City publications at the reception desk of City Hall? A. The City does distribute copies of the minutes of the Economic Development Committee of Richfield Visions to the City Council and City Manager. The City does not distribute any other external publications with City publications at the front desk. That policy could be revised, however, the City currently does not have guidelines over what external materials would be distributed and which would not. It may also confuse residents who may think that external documents that are distributed are City publications. Q.Was the February 3, 1997 Study Session noticed as a public meeting and were meeting minutes provided? A. Yes. The February 3, 1997 meeting was noticed and minutes were provided. That meeting was a seminar open to the Mayor, City Council, all City boards and commissions and noticed to the general public. The seminar was conducted by the Institute for Participatory Management and Planning. This organization has previously been contracted by the State to provide training in increasing resident involvement in planning and implementing improvements. Ollie Hoffman, 6438 11th Avenue, requested more than four days suggested by the Mayor to submit further questions. Mayor Kirsch added another week to the time. Item #17AIRPORT STATUS REPORT Council Meeting Minutes-17-March 9, 1998 City Manager Prosser reviewed the status of the following airport issues: xx North-South Runway Don Brauer and Dawn Weitzel met with representatives of the EQB and PCA on Thursday, February 26. Those present and in particular Michael Sullivan, Executive Director of the EQB, appeared to be receptive to the issues we were raising. At the same time, Mr. Sullivan expressed frustration that Richfield was not focusing on the bigger picture. While Richfield accomplished its primary purposes of forecasting issues to be presented at the EQB, it is clear that the EQB staff is encouraging Richfield to raise the broader issues of the adequacy of the dual track process and the combination of environmental reviews into one planning document. The City is scheduled to meet with the technical staff committee of the EQB on March 10, and the board on March 19. xx Runway 4-22 The City’s 4-22 legal brief has been submitted to the Eighth Circuit Court. The MAC and FAA filed separate briefs with the Court on February 20. Due to the City’s legal counsel having a number of preexisting, unavoidable scheduling conflicts, Richfield has requested a three-week extension of our reply brief. The date due on the brief will now be March 27. After receiving this rebuttal, an appellate judge will then listen to oral arguments before making a decision on the suit. xx Low Frequency Noise from Proposed North-South Runway Connections for Communities will assist the City in organizing community input for the mitigation strategy. Council Member Susag indicated that no other airport has a runway as close to a residential area as the North-South runway will be to east Richfield. He informed residents that a noise contour map was available from the City. Council Member Stokes stated that the proposed North-South runway will be as close as Runway 11-29 was to Rich Acres and New Ford Town. Council Member Sandahl encouraged residents who may obtain the contour map to be sure to call if they have questions on how to interpret it. Item #18LEGISLATIVE REPORT City Manager Prosser reviewed the status of the following issues: Recreation Facility Replacement xx Regular meetings continue with the multi-agency task force to look at alternative sites. The process will include mediation to address the GSA land purchase as part of the recreation process. MPRB and City staff have tentatively agreed on Council Meeting Minutes-18-March 9, 1998 a proposal for 18 holes of golf and an expanded ball field complex in the 140+ acres on the upper bluff including GSA, DNR, and VA land. Holes would be laid out around existing historic buildings to allow time for further study as to their appropriate fate. MPRB is presenting the plan to their Board this week. xx The Senate has given approval for $4 million for ballfield replacement. Further House and/or conference committee action will be required. Proposed Metropolitan Council Review xx Proposed legislation is still pending which would require Metropolitan Council review of major state projects such as the airport expansion regarding their impact on community livability. Item #19COUNCIL DISCUSSION ITEMS Liquor Operations Director Fillmore presented a report on the fourth liquor store, Shops at Lyndale Wine and Spirits, including the following: x methodology of marketing x marketing outcomes x financial report x control/identification policy The City Council acknowledged the liquor store staff for their diligence in adherence to the identification policy. Council Member Rosenberg stated she wanted to bring up some of the good things about the City and its parks. She discussed the following: x FOWL Reforestation project at Wood Lake Nature Center. x The uniqueness of Wood Lake Nature Center and the City’s financial commitment to it. x The City’s annual $400,000 capital investment in parks. x That 11% of the land in the City is dedicated to parks. Council Member Susag reminded residents about the following upcoming events: x FOWL Annual Fundraising Dinner - April 24 x Friends of Augsburg Park Library Used Book Sale - March 14 Item #20CLAIMS AND PAYROLL M/Sandahl, S/Stokes that the following claims and payrolls be approved: Council Meeting Minutes-19-March 9, 1998 RICHFIELD BANK & TRUST CO. Checks: 74560-74585$86,547.59 H/C: 74874-75206$505,867.42 FIRSTAR BANK Payroll: 111300-111599$548,403.95 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:06 p.m. Date Approved: Martin J. KirschMayor Thomas P. FerberJames D. Prosser City ClerkCity Manager