10-26-98 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 26, 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; Frank White, Special Programs
Manager; Lil Hipp, Community Center Manager; and Corrine
Thomson, City Attorney.
APPROVAL OF MINUTES
M/Susag, S/Stokes to approve the minutes of the Regular City Council Meeting of
October 12, 1998.
Council Meeting Minutes-2-October 26, 1998
Motion carried 5-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Janet Pierson, 6909 17th Avenue, Co-chair of the Richfield Advisory Board of
Health, stated that one of the main purposes of the recently passed tobacco ordinance
was to keep tobacco out of the hands of minors. She urged the City Council to resist the
requests to amend the ordinance to allow 16 and 17 year olds to sell tobacco. She noted
that other cities have the same age restriction as Richfield.
Mike Gramlich, 6921 17th Avenue, stated he had previously managed a Super
America store in Richfield for seven years. He stated his opinion that there would be no
major consequences to Super America from the ordinance and that as a parent, his major
concern was for the health and welfare of the youth of the community.
Lee Anderson, representing the Minnesota Small Grocers Association, stated
concern that the ordinance penalized convenience stores. He suggested the Council
consider an amendment to the ordinance that would allow 16 and 17 year olds to sell
cigarettes if they have parental permission.
Bob Lindgren, 6339 12th Avenue, discussed ongoing concerns regarding the
status of the pond areas, turf restoration, and maintenance issues pertaining to the
Academy of Holy Angels property. He also stated concerns regarding the new drainage
area on the south side.
Public Works Director Eastling reviewed the status of issues related to the north
pond and restoration work.
Council Member Susag suggested that the noxious weed ordinance could be used
for enforcement.
Mayor Kirsch stated that Holy Angels needs to be a good neighbor and address
these problems.
Public Works Director Eastling reviewed the status of issues related to the south
pond and restoration work.
Item #2RECREATION SERVICES DEPARTMENT REPORT REGARDING SUMMER
RECREATION PROGRAMS FOR 1998. C.L. NO. 268
Council Meeting Minutes-3-October 26, 1998
Frank White, Special Programs and Manager, and Lil Hipp, Community Center
Manager, gave a presentation regarding the “Recreation: The Benefits are Endless”
initiative, Recreation Services programs, marketing efforts, community partnerships,
cooperative services, and Community Center programs.
Council Member Susag invited Special Programs and Manager White to appear at
a Human Rights Commission meeting regarding some of the inclusive program initiatives.
Item #3COUNCIL APPROVAL OF AGENDA
Council Member Sandahl suggested that an item be added for discussion of
actions in response to the October 26 Environmental Quality Board Meeting.
M/Sandahl, S/Rosenberg to add Item 7A to the agenda for discussion of possible
actions in response to the October 26 Environmental Quality Board meeting.
Motion carried 5-0.
M/Susag, S/ Rosenberg to approve the agenda as amended.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A.APPROVED RESOLUTION APPOINTING YEAR 2000 PROJECT
COORDINATOR. C.L. 269
RESOLUTION NO. 8632
RESOLUTION APPOINTING YEAR 2000 COORDINATOR
This resolution appears as Resolution No. 8632 in Resolution Book No. 68.
B.APPROVED STATE ISSUANCE OF CURRENCY EXCHANGE LICENSE FOR
YOUNGE, POTTS, WIEZER, & COMPANY, INC., 7620 LYNDALE AVENUE. C.L.
270
C.APPROVED BID MINUTES/TABULATION AND PURCHASE ORDER TO S & A
LAND CLEARING, INC. IN SUM OF $28,000. C.L. 271
Council Meeting Minutes-4-October 26, 1998
D.APPROVED MASTER PURCHASE ORDER FOR ROCK SALT FOR ICE
CONTROL DURING 1998/99 WINTER SEASON FROM I.M.C. SALT, INC. FOR
ESTIMATED TOTAL OF $45,841.86 C.L. 272
M/Stokes, S/Susag to approve the consent calendar.
Motion carried 5-0.
Item #5PUBLIC HEARING AND SECOND READING OF ORDINANCE RELATING
TO RULES OF COUNCIL PROCEDURE AMENDING SUBSECTIONS
205.05, 205.09 AND 205.13 OF RICHFIELD CITY CODE AND
CONSIDERATION OF RESOLUTION ADOPTING RULES OF PROCEDURE
AND DECORUM FOR CITY COUNCIL MEETINGS. C.L. NO. 273
City Manager Prosser reviewed Council Letter No. 273 regarding a proposed
ordinance amendment relating to the Council rules of procedure and a proposed
resolution to adopt rules of procedure and decorum for City Council meetings.
Larry Wozniczka, 6744 Wentworth Avenue, spoke in opposition to the proposed
change in Section 205.09 subdivision 2 regarding the time for completion of the agenda
indicating he would like to see it earlier.
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Susag that this constitutes Second Reading of Bill No. 1998-22
amending Section 205, that it be published in the official newspaper and that it be made
part of these minutes and 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. 8633
RESOLUTION ADOPTING RULES OF PROCEDURE AND DECORUM FOR
CITY COUNCIL MEETINGS
Motion carried 5-0. This resolution appears as Resolution No. 8633 in Resolution
Book No. 68.
Item #6CONSIDERATION OF AWARD OF CONTRACT TO MAX STEININGER,
Council Meeting Minutes-5-October 26, 1998
INC. FOR EXCAVATION AND SITE EARTHWORK FOR SECOND ICE
SHEET AT RICHFIELD ICE ARENA IN AMOUNT OF $221,895 AND
CONSIDERATION OF RESOLUTION ESTABLISHING PROCEDURES
RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER INTERNAL REVENUE CODE. C. L. NO. 274
City Manager Prosser reviewed Council Letter No. 274 regarding consideration of
award of contract to Max Steininger, Inc. for excavation and site earthwork for the second
ice sheet at the Richfield Ice Arena in the amount of $221,895 and a proposed resolution
establishing procedures relating to compliance with reimbursement bond regulations
under the Internal Revenue Code.
M/Sandahl, S/Stokes to award the contract for excavation and site earthwork for the
second ice sheet to Max Steininger, Inc. In the amount of $221,895 for the base bid and
Alternate A and authorize the City Manager to execute all related contract documents and
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. 8634
RESOLUTION ESTABLISHING PROCEDURES
RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
Motion carried 5-0. This resolution appears as Resolution No. 8634 in Resolution
Book No. 68.
Item #7CONSIDERATION OF RESOLUTION REQUESTING METROPOLITAN
AIRCRAFT SOUND ABATEMENT COUNCIL TO DEVELOP MITIGATION
STUDY FOR LOW FREQUENCY NOISE IMPACTS. C. L. NO. 275
City Manager Prosser reviewed Council Letter No. 275 regarding a proposed
resolution requesting that the Metropolitan Aircraft Sound Abatement Council (MASAC) to
develop a mitigation study for low frequency noise impacts.
Council Member Stokes discussed the responsibility of MASAC for the study of
noise abatement and the proposed request that they develop a mitigation study for low
frequency noise impacts.
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. 8635
RESOLUTION REQUESTING THE METROPOLITAN AIRCRAFT
Council Meeting Minutes-6-October 26, 1998
SOUND ABATEMENT COUNCIL TO DEVELOP A MITIGATION
STUDY FOR LOW FREQUENCY NOISE IMPACTS
Motion carried 5-0. This resolution appears as Resolution No. 8635 in Resolution
Book No. 68.
Item #7ARESPONSE TO ENVIRONMENTAL QUALITY BOARD MEETING OF
OCTOBER 26, 1998
City Manager Prosser discussed Council Memorandum No. 159, reporting as
follows:
On Monday, October 26, the Environmental Quality Board (EQB) voted to table
MAC’s request for approval of the Environmental Impact Statement (EIS) for a number of
airport projects including the construction of the North-South Runway. The motion to table
appeared to be based upon two basic factors. First, that the members of the EQB have
an opportunity to review the documents submitted regarding this matter. Second, in order
to permit Richfield and MAC the opportunity to further discuss the issue to determine if
there is a basis for possible settlement of the matter.
The issue was tabled until November 19. In response to this action, City staff and
consultants are recommending the following action for consideration by the Council.
1.Send a letter to the EQB, MAC and Met Council indicating a continued desire for
discussions which may lead to a settlement of this matter. The letter would also
specifically request:
x
that a certified mediator be chosen to mediate these discussions,
x
all parties agree to attempt to discuss their interests as opposed to their
positions regarding the unresolved issues,
x
that the City believes these mediation sessions could produce an agreement
between now and November 19.
In order to accomplish this last objective, the City would indicate a willingness to
meet anytime, any day and as long as necessary in any day. Because of the time
commitment to accomplish this purpose, Council may wish to designate alternative
representatives including City staff or attorneys.
2.The Council should consider the proposal submitted by MAC and Met Council.
Suggestions for items to be considered in the counterproposal were provided for
discussion.
3.At the EQB meeting, John Himle, representing MAC, stated that the basic reason
there was not an agreement to resolve low frequency noise was that the lack of
FAA approved low frequency standards precludes a resolution of this issue. While
the City of Richfield does not agree with this characterization, it would be,
Council Meeting Minutes-7-October 26, 1998
nevertheless, worthwhile to seek a clarification of this issue in an expedited
fashion. The request for this clarification was previously made to FAA and reported
to the City’s congressional delegation during previous visits to Washington, D.C. by
Mayor Kirsch and Council Member Sandahl. In addition, a letter was sent from the
City Council requesting a response to this request following the Washington, D.C.
visits.
4.The Council should consider an alternative to the request for a tolling agreement
as a means to assure that any outstanding issues regarding the EIS are properly
addressed in a timely fashion. Such an alternative might include an agreement by
MAC to guarantee bonds required for implementation of the mitigation plan.
Extensive City Council discussion followed regarding expectations for outcomes,
negotiation, mediation, and litigation. It was the consensus of the City Council that the
City proceed with recommendation number one.
City Council discussion followed regarding the draft Noise Mitigation Agreement
submitted by the MAC and Met Council to the City.
It was the consensus of the City Council that the draft Noise Mitigation Agreement
in its present form does not provide adequate assurances that residents will receive
appropriate mitigation from the expected impacts of Runway 17/35, especially with the
deletion from the draft agreement of Richfield’s proposal for a tolling agreement that
would preserve Richfield’s ability to seek redress in court if mitigation is not provided.
M/Susag, S/Stokes that a letter be sent to the EQB, MAC, and Met Council
requesting consideration of the following issues:
x
Continued discussions between the City of Richfield and MAC, utilizing a formal
mediation process facilitated by a certified neutral mediator.
x
Agreement that the continued discussions between the City of Richfield and MAC
would be conducted on an interest-based as opposed to position-based format.
x
The City believes that these mediation sessions could produce an agreement
between now and November 19. In order to accomplish that objective, the City
would be willing to meet any time, any day, and as long as necessary during any
session.
x
That the Richfield City Council concluded that it would be unable to support the
draft mitigation agreement forwarded for consideration. The agreement in its
present form does not provide adequate assurances that residents will receive
appropriate mitigation from the expected impacts of Runway 17/35. The
uncertainty of mitigation is particularly problematic in light of the deletion from the
draft agreement of Richfield’s proposal for a tolling agreement that would preserve
Richfield’s ability to seek redress in court if mitigation is not ultimately obtained.
Motion carried 5-0.
Council Meeting Minutes-8-October 26, 1998
Dick Ziemer, 6400 Vincent Avenue, CARE Team member, discussed his
observations regarding the EQB meeting. He indicated the need to negotiate a precise
agreement of mitigation prior to the construction of the runway.
The City Council thanked and acknowledged the CARE Team for their work and
support on these airport issues.
John Enger, 7328 Bloomington Avenue, Co-chair of the CARE Team, stated that
formal mediation was a good idea and that the City must stay steadfast in its request for
mitigation.
Tom Hansing, 7339 12th Avenue, thanked Council Member Stokes and Attorney
Steve Pflaum for their representation of Richfield at the EQB meeting. He stated the City
should continue to insist that the impacts of the runway be addressed.
Item #8AIRPORT STATUS REPORT
Discussion was conducted in Item 7A.
Item #9LEGISLATIVE REPORT
None.
Item #10COUNCIL DISCUSSION ITEMS
Mayor Kirsch acknowledged Boy Scout Troop 262 from Oak Grove Lutheran
Church for their attendance at this Council meeting.
Item #11CLAIMS AND PAYROLL
M/Sandahl, S/Stokes that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Council Meeting Minutes-9-October 26, 1998
Checks: 77781-81830$57,438.59
H/C: 82051-82359$875,659.38
Payroll:8430-8660; 10432-10447$429,003.56
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:01 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager