03-22-99 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 22, 1999
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
MayorKirsch led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Sue Sandahl; Russ Susag; Susan Rosenberg;
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; William Fillmore, Liquor Operations Director; Chris Regis,
Finance Manager; Frank White, Special Programs Manager; Karen
Shragg, Nature Center Manager; and Corrine Thomson, City
Attorney.
APPROVAL OF MINUTES
M/Stokes, S/Sandahl to approve the minutes of the Regular City Council Meeting of
March 8, 1999; and the minutes of the Special City Council Meeting of March 17, 1999.
Motion carried 5-0.
Council Meeting Minutes-2-March 22, 1999
Item #1RECOGNITION OF CITY MANAGER JAMES D. PROSSER FOR HIS
TWELVE YEARS OF SERVICE TO THE CITY OF RICHFIELD
Mayor Kirsch read and presented a plaque to City Manager Prosser in appreciation
and recognition of his 12 years of service to the citizens of Richfield.
City Manager Prosser thanked the community for giving him the opportunity to
serve the City.
Richfield School Board Chair Nancy Rowley read and presented a School Board
resolution recognizing the contributions of City Manager Prosser to the schools and
community.
Edwina Garcia, 6908 Fifth Avenue, former State Representative and City Council
Member, praised City Manager Prosser for his leadership, vision, and impact in the
legislature for Richfield.
Item #2 PERFORMANCE BY 70TH STREET IMPROV TROUPE
Bruce Eichlersmith, adult advisor for the 70th Street Improv Troupe, introduced the
Troupe, which is comprised of Richfield High School students. He explained how the
Troupe utilizes improv performances as an effective way to generate discussions on
specific issues and topics. The Troupe's performance entitled "The Decision" regarding
the impact of youth drinking was presented and discussed.
Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
No one wished to address the City Council.
Item #4COUNCIL APPROVAL OF AGENDA
Council Member Susag requested the addition of an item to the agenda for
discussion of the attorney-client privilege issue regarding the tape recording of the
December 16, 1998 City Council Closed Executive Session.
Mayor Kirsch stated that this issue would be added to the agenda as Item #12a.
Council Meeting Minutes-3-March 22, 1999
M/Susag, S/Rosenberg to approve the agenda as amended.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A.APPROVED RESOLUTION SUPPORTING REPEAL OF STATE SALES TAX FOR
LOCAL GOVERNMENT PURCHASES C.L. 62
RESOLUTION NO. 8688
RESOLUTION SUPPORTING REPEAL OF THE STATE SALES
TAX FOR LOCAL GOVERNMENT PURCHASES
This resolution appears as Resolution No. 8688 in Resolution Book No. 69.
B.APPROVED RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF
CONDITIONAL USE LICENSE AGREEMENT FOR USE OF HENNEPIN COUNTY
ELECTRONIC PROPRIETARY DATA BASE C.L. 63
RESOLUTION NO.8689
RESOLUTION APPROVING THE AGREMENT WITH HENNEPIN COUNTY
RELATING TO CONDITIONAL USE LICENSE
TO USE ELECTRONIC PROPRIETARY DATA BASE
This resolution appears as Resolution No. 8689 in Resolution Book No. 69.
C.APPROVED ITINERANT PLACE OF AMUSEMENT LICENSE AND FEE WAIVER
FOR RICHFIELD WOMEN OF TODAY 13TH ANNUAL RICHFIELD COMMUNITY
EASTER EGG HUNT AT AUGSBURG PARK ON MARCH 28, 1999 C.L. 64
D.APPROVED NEW RESIDENTIAL KENNEL LICENSE FOR 6428 KNOX AVENUE;
THREE DOGS C.L. 65
M/Susag, S/Stokes to approve the consent calendar.
Motion carried 5-0.
Item #6PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING
SUBSECTION 840.11 OF RICHFIELD CITY CODE RELATING TO SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY PARKS. C.L. NO. 66
Council Meeting Minutes-4-March 22, 1999
City Manager Prosser reviewed Council Letter No. 66 regarding a proposed
ordinance amendment which prohibits the sale or consumption of any alcoholic beverage
in a City park, with the exception of sales made in Veterans Memorial Park by an
organization that holds both a community celebration license and a temporary on-sale
license for the sale of 3.2 percent malt liquor.
Cathy Sulla, 7237 Lyndale Avenue, representing the Fourth of July Committee,
spoke in support of the amendment stating that the Committee had been working with the
Public Safety Department regarding security and safety issues related to the sale and
consumption of alcoholic beverages at the street dance if it were held at the Veterans
Memorial Park location.
Frank White, Special Programs Manager, reviewed some of the proposed site
security measures including:
Picnic shelter location
Perimeter fencing
Four controlled entrances with police officers
Identification required to receive tickets and wristband
Only those with a wristband may purchase and consume on the site
Discussion followed regarding the limitation of the proposed ordinance to
community celebrations and Veterans Memorial Park.
Sylvia Landberg, 7632 Oakland Avenue, spoke in opposition to the ordinance
amendment stating it gives the wrong signals to youth.
Larry Wozniczka, 6744 Wentworth Avenue, spoke in opposition to the ordinance
amendment stating it was the City's obligation to show youth that you can have fun without
alcohol.
Lillian Swan, 6232 Third Avenue, spoke in opposition to the ordinance amendment
stating that liquor in the parks set a bad example.
M/Susag, S/Rosenberg to close the public hearing.
Motion carried 5-0.
Council Member Susag asked questions about the definitions of wording in the
amendment related to alcohol and 3.2 percent malt liquor.
Council Member Rosenberg stated she had previously supported this ordinance
amendment but had changed her mind because of concern about the message it may give
to youth.
Council Member Stokes stated that attendance was voluntary at the event and
understood the Fourth of July Committee's concern to find a location to still have the event.
She encouraged the Committee to continue working with the Public Safety Department to
assure safety and security.
Council Meeting Minutes-5-March 22, 1999
Council Member Sandahl stated she has always attended this event and it had
been conducted in a responsible manner. She stated support for the ordinance
amendment noting that the event can be monitored and reviewed.
Mayor Kirsch spoke in support of the ordinance amendment stating that the Public
Safety Department has worked hard with the Fourth of July Committee to assure that
security and safety issues are addressed properly.
M/Susag, S/Stokes that this constitutes Second Reading of Bill No. 1999-6,
amending subsection 840.11, that it be published in the official newspaper and that it be
made part of these minutes.
Motion carried 4-1. (Rosenberg opposed)
Item #7PUBLIC HEARING AND CONSIDERATION OF RESOLUTION REGARDING
COMPLETION AND SUBMITTAL OF APPLICATIONS FOR THREE
DEPARTMENT OF NATURAL RESOURCES GRANTS. C.L. NO. 67
City Manager Prosser reviewed Council Letter No. 67 regarding consideration of
submittal of applications for a DNR Outdoor Recreation Grant and two Natural Resource
Grants to assist with the funding of the Children's Forest at the Wood Lake Nature Center.
Council Member Susag reminded residents to support the Friends of Wood Lake
(FOWL) events including the Annual Dinner/Show on April 23 and the FOWL Ball Klassic
each fall. He stated that contributions from FOWL would help to provide the matching
local funds for the grant projects.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
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. 8690
RESOLUTION AUTHORIZING THE APPLICATION FOR THREE LEGISLATIVE
COMMISSION ON MINNESOTA RESOURCES (LCMR) GRANTS TO ASSIST WITH THE
FUNDING OF THE WOOD LAKE CHILDREN’S FOREST
Motion carried 5-0. This resolution appears as Resolution No. 8690 in Resolution
Book No. 69.
Council Meeting Minutes-6-March 22, 1999
Item #8CONSIDERATION OF RESOLUTION DESIGNATING 1998 YEAR-END
FUND BALANCES FOR ICE ARENA SECOND ICE SHEET
CONSTRUCTION. C.L. NO. 68
City Manager Prosser reviewed Council Letter No. 68 regarding a proposed
resolution designating $450,000 from the 1998 General Fund balance and $150,000 from
the Cable TV/Program Fund balance for payment of construction costs relating to Ice
Arena second ice sheet program.
M/Susag, S/Stokes 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. 8691
RESOLUTION DESIGNATING A PORTION OF YEAR-END 1998
GENERAL FUND AND CABLE TV/PROGRAM FUND BALANCES
FOR CONSTRUCTION OF SECOND ICE SHEET
Motion carried 5-0. This resolution appears as Resolution No. 8691 in Resolution
Book No. 69.
Item #9CONSIDERATION OF REQUEST FOR COUNCIL CONFIRMATION OF
APPOINTMENT OF JAMES TOPITZHOFER AS RECREATION SERVICES
DIRECTOR FOR CITY OF RICHFIELD. C. L. NO. 69
City Manager Prosser reviewed Council Letter No. 69 requesting City Council
confirmation of the appointment of James Topitzhofer as Recreation Services Director.
M/Stokes, S/Sandahl to confirm the appointment of James Topitzhofer as
Recreation Services Director for the City of Richfield.
Motion carried 5-0.
Item #10CONSIDERATION OF APPROVAL OF WORKER'S COMPENSATION
CLAIM SETTLEMENT. C.L. NO. 70
City Manager Prosser reviewed Council Letter No. 70 regarding consideration of
approval of a proposed Worker's Compensation claim settlement.
Council Meeting Minutes-7-March 22, 1999
M/Susag, S/Stokes to approve the terms of the stipulation of settlement of the
Worker's Compensation Claim as presented in Council Letter No. 70 subject to final
approval of the stipulation language by the attorneys of the City, the Worker's
Compensation Reinsurance Association, the claimant, and the State of Minnesota.
Motion carried 5-0.
Item #11CONSIDERATION OF COUNCIL RECEIPT OF UNAUDITED 1998
FINANCIAL REPORT. C.L. NO. 71
City Manager Prosser reviewed Council Letter No. 71 regarding presentation of the
unaudited 1998 Financial Report to the City Council.
M/Susag, S/Sandahl to receive the unaudited 1998 Financial Report of the City.
Motion carried 5-0.
Item #12CONSIDERATION OF SELECTION OF EXECUTIVE SEARCH FIRM FOR
CITY MANAGER RECRUITMENT.
The City Council had conducted structured interviews of three executive search
firms regarding their proposals for the City Manager search and selection process on
March 17, 1999.
M/Stokes, S/Susag to select the PAR Group, represented by Paul Reaume, to
conduct the City Manager search and selection process for the City.
Motion carried 5-0.
Bill Fillmore, Chair of the Board of Directors of the Richfield Chamber of Commerce,
stated that Chamber President Steve Lindgren wished to express the Chamber's
willingness to be involved in the selection process.
Mayor Kirsch indicated that the draft contract was not acceptable and the Council
would like to see some additional contract language.
City Manager Prosser stated that a revised contract draft with the PAR Group would
be prepared with the assistance of Mr. Lynn.
M/Kirsch, S/Rosenberg to direct the City Manager and Mr. Lynn to prepare a draft of
a contract with the PAR Group for the City Manager selection process.
Council Meeting Minutes-8-March 22, 1999
Motion carried 5-0.
Item #12ACONSIDERATION OF ATTORNEY-CLIENT PRIVILEGE ISSUE RELATED
TO THE TAPES OF THE DECEMBER 16, 1998 CLOSED EXECUTIVE
SESSION CITY COUNCIL MEETING.
City Council Member Susag stated that the State of Minnesota Commissioner of
Administration's opinion upheld the right of the City to deny access to the tape recording
on the basis of the attorney-client privilege. He stated he now would support waiving the
attorney-client privilege and release of the tapes of the December 16, 1998 Council
Meeting. He stated the meeting was held to discuss whether to litigate or sign an
agreement with the MAC regarding mitigation of the impacts of the north-south runway.
M/Susag, S/Rosenberg to waive the attorney-client privilege and release the tapes
of the December 16, 1998.
Council Member Rosenberg stated that she supported release of the tapes from the
beginning and believes the public has a right to know the discussions in the meeting.
City Attorney Thomson cautioned the City Council about the scope of the waiver of
the client-attorney waiver. She suggested that the Council ask Attorney Chuck Dayton,
who was the counsel at the December 16, 1998 meeting, for his advice prior to waiving the
right so they can make an informed waiver if they decide to do so.
Council Member Sandahl stated that this item was not on the regular agenda and
was added this evening, therefore suggested that the Council receive the opinion of the
attorney who was present at that meeting and postpone a decision until the next Council
meeting.
M/Sandahl, S/Stokes to table consideration of waiving the attorney client privilege
and release of the tapes of December 16, 1998 to the April 12, 1999 City Council meeting.
Motion carried 3-2. (Rosenberg and Susag opposed)
Item #13AIRPORT STATUS REPORT
City Manager Prosser discussed the status of the following airport issues:
Additional information is being sought regarding the impact of the new North-
South runway on property outside of the redevelopment area.
The Airport Impact Redevelopment District legislation (H.F.1290/S.F.1221) has
made it through committee hearing.
Council Meeting Minutes-9-March 22, 1999
Council Member Susag discussed the status of congressional reauthorization for
the FAA budget. He stated his goal as a member of the National League of Cities
Environment, Energy, and Natural Resources Committee was to initiate a NLC position to
urge the FAA to recognize low frequency noise impacts in their policies.
Item #14LEGISLATIVE REPORT
None.
Item #15COUNCIL DISCUSSION ITEMS
Council Member Sandahl discussed her participation in a League of Minnesota
Cities focus group. She requested verification that all Council Members receive the LMC
Bulletins.
Council Member Susag asked the City Council if they wanted to participate with a
float in the Fourth of July Parade as has been done in the past.
Council Member Rosenberg stated she would be out of town in Nebraska at that
time and will be unable to participate. It was the consensus of the Council that Council
Member Susag submit an application for a City Council float in the Fourth of July parade.
Mayor Kirsch acknowledged the 15th Anniversary celebration of the Old Country
Buffet. He stated that their first restaurant was opened 15 years ago in Richfield and now
they have 400 restaurants.
Mayor Kirsch acknowledged and thanked City Manager Prosser for his commitment
and accomplishments during his 12 years as City Manager.
Item #16CLAIMS AND PAYROLL
M/Susag, S/Rosenberg that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 78742 - 78765$68,216.16
H/C: 85519 - 85828$1,031,528.38
Payroll: 10488 - 10490; 11996 - 12193$425,471.59
Motion carried 5-0.
Council Meeting Minutes-10-March 22, 1999
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:25 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager