05-10-99 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
May 10, 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
Mayor Kirsch led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Russ Susag;
and Kristal Stokes.
Staff Present :Steven Devich, Acting City Manager; Thomas Ferber, City Clerk;
Bruce Palmborg, Community Development Director; Dan Scott,
Public Safety Director; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; and Corrine Thomson,
City Attorney.
APPROVAL OF MINUTES
M/Sandahl, S/Susag to approve the following minutes:
Special City Council Meeting of April 26, 1999
Regular City Council Meeting of April 26, 1999
Board of Equalization Meeting of May 3, 1999
Motion carried 5-0.
Council Meeting Minutes-2-May 10, 1999
Item #1PRESENTATION OF PROCLAMATION DESIGNATING SMALL BUSINESS
WEEK IN RICHFIELD, MAY 17-21, 1999
Council Member Stokes read and presented a proclamation to Richfield Chamber
of Commerce representative Peggy Hamilton designating the week of May 17-21, 1999 as
Small Business Week in Richfield.
Peggy Hamilton invited the public to the Richfield and Bloomington Chamber of
Commerce's "Salute to Small Business" luncheon on May 19 which will honor Richfield
businesses Woodlake Veterinary Hospital and the Old Country Buffet.
Item #2PRESENTATION OF PROCLAMATION DESIGNATING LAW
ENFORCEMENT WEEK, MAY 9-15, 1999
Council Member Sandahl read and presented a proclamation to Public Safety
Director Scott and several Richfield officers designating the week of May 9-15, 1999 as
Law Enforcement Week in Richfield.
Item #3PRESENTATION OF PROCLAMATION DESIGNATING CITY OF RICHFIELD
EMPLOYEE HEALTH AND FITNESS WEEK, MAY 17-21, 1999
Council Member Rosenberg read and presented a proclamation to Recreation
Services Director Topitzhofer designating the week of May 17-21, 1999 as City of Richfield
Employee Health and Fitness Week.
Item #4PRESENTATION OF PROCLAMATION DESIGNATING EARTH DAY IN
RICHFIELD, MAY 16, 1999
Recreation Services Director Topitzhofer reviewed City programs that address
environmental and natural resource issues on an ongoing basis.
Council Member Susag read and presented a proclamation to Wood Lake Nature
Center Manager Karen Shragg designating May 16, 1999 as Earth Day in the City of
Richfield.
Wood Lake Nature Center Manager Karen Shragg invited the public to the Earth
Day Celebration events on May 16 at the Nature Center.
Council Meeting Minutes-3-May 10, 1999
Item #5OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Sally Parsons, 6637 Sheridan Avenue, Richfield Advisory Board of Health Member,
requested City Council endorsement of the Tri-City Partners advertisement that will appear
in the Bloomington, Edina, and Richfield Sun-Current Newspapers.
M/Rosenberg, S/Sandahl that the Richfield City Council endorses the Tri-City
Partners placement of the following advertisement in the Sun-Current Newspapers and the
City Council Member signatures on said advertisement:
Together We Stand
The underage drinking often increases during prom and graduation parties and summer
celebrations. As a group of parents, students, concerned citizens, and community leaders,
we ask for your support in preventing the use of alcohol by our teens. The facts are:
Teen alcohol use is dangerous
. Statistics show that teens who drink are more likely to
be involved in a car crash, get into a fight, have unwanted or unsafe sex, drown while
intoxicated, and experience problems in school.
Teen use of alcohol is illegal
. It is against the law for anyone under the age of 21 to
possess or consume alcohol. It's against the law for adults (parents, friends, and siblings)
to provide alcohol to teenagers. The only exception is the act of serving alcohol to your
own child in your own home.
Take an active role in preventing illegal teen alcohol use. Obey the law and support others
Let's stand together!
to obey the law.
Motion carried 5-0.
Burt Miller, 6712 Pleasant Avenue, requested that Consent Calendar Item # 7I
regarding the development of the Academy of Holy Angels ballfields be discussed on the
regular agenda.
Item #6 COUNCIL APPROVAL OF AGENDA
Council Member Stokes requested Consent Calendar Item #7D. be placed on the
regular agenda for discussion.
Mayor Kirsch stated that the agenda would be amended as follows:
1.Consent Calendar Item #7I would be placed on the regular agenda for
consideration as Item #11A.
Council Meeting Minutes-4-May 10, 1999
2.Consent Calendar Item #7D. would be placed on the regular agenda for
consideration as Item #11B.
M/Stokes, S/Susag to approve the agenda as amended.
Motion carried 5-0.
Item #7 CONSENT CALENDAR
A.APPROVED RESOLUTION APPROVING DONATION OF CITY COMPUTER
EQUIPMENT TO RICHFIELD SCHOOL DISTRICT #280 C.L. 96
RESOLUTION NO. 8716
RESOLUTION AUTHORIZING THE TRANSFER OF USED
COMPUTER EQUIPMENT TO INDEPENDENT SCHOOL DISTRICT #280
This resolution appears as Resolution No. 8716 in Resolution Book No. 69.
B.APPROVED RESOLUTIONS AUTHORIZING AGREEMENTS WITH MINNESOTA
DEPARTMENT OF TRANSPORTATION RELATED TO CONSTRUCTION OF I-
35W HIGH OCCUPANCY VEHICLE LANE AND PARTS OF 66TH STREET NEAR
I-35W WITHIN CORPORATE CITY LIMITS C.L. 97
RESOLUTION NO. 8717
RESOLUTION AUTHORIZING MAYOR AND ACTING CITY MANAGER TO EXECUTE
MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT)
COOPERATIVE CONSTRUCTION AGREEMENT NO. 78564-R
RESOLUTION NO. 8718
RESOLUTION AUTHORIZING MAYOR AND ACTING CITY MANAGER TO EXECUTE
MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT)
COOPERATIVE CONSTRUCTION AGREEMENT NO. 78666R
These resolutions appear as Resolution No.'s 8717 and 8718 in Resolution Book
No. 69.
C.APPROVED RESOLUTION AUTHORIZING AMENDMENT OF MEMBERSHIP
LISTING OF SOUTHWEST FIRE LEAGUE MUTUAL AID ASSOCIATION OF
WHICH RICHFIELD FIRE DIVISION IS MEMBER C.L. 98
Council Meeting Minutes-5-May 10, 1999
RESOLUTION NO. 8719
RESOLUTION AUTHORIZING THE AMENDMENT OF THE MEMBERSHIP LISTING
OF THE SOUTHWEST FIRE LEAGUE MUTUAL AID ASSOCIATION.
This resolution appears as Resolution No. 8719 in Resolution Book No. 69.
D.Removed from Consent Calendar and placed on the regular agenda for
consideration as Item #11B.
E.APPROVED AWARD OF CONTRACT TO TASK MASTER CONSTRUCTION FOR
1999 CURB AND GUTTER, SIDEWALK AND MISCELLANEOUS CONCRETE
REPAIR PROJECT IN AMOUNT OF $51,773.75 C.L. 100
F.APPROVED AWARD OF CONTRACT TO ASTECH SURFACE TECHNOLOGIES
CORPORATION FOR ROUTING AND SEALING CRACKS IN ASPHALT
PAVEMENT FOR 1999 IN AMOUNT OF $82,730.44 C.L. 101
G.APPROVED AWARD OF CONTACT TO J. L. SCHMITZ & SONS FOR CAT 950
WHEEL LOADER FOR TOTAL OF $32,003.25 C.L. 102
H.APPROVED PURCHASE OF NEW VERMEER BC 2000 CHIPPER FROM
VERMEER SALES & SERVICES THROUGH STATE OF MINNESOTA
COOPERATIVE BIDS IN AMOUNT OF $42,195.30 C.L. 103
I.Removed from the Consent Calendar and placed on the regular calendar for
consideration as Item #11A.
M/Susag, S/Sandahl to approve the consent calendar as amended.
Motion carried 5-0.
Item #8PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE AUTHORIZING SALE OF CITY INTEREST IN PROPERTY AT
7545 PENN AVENUE TO HOUSING AND REDEVELOPMENT AUTHORITY
TO COMPLETE AN APARTMENT REMODELING PROGRAM INITIATIVE.
C. L. NO. 105
Acting City Manager Devich reviewed Council Letter No. 105 regarding a proposed
transitory ordinance to authorize the sale of City interest in property located at 7545 Penn
Avenue to the Housing and Redevelopment Authority to complete an Apartment
Remodeling Program initiative.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes-6-May 10, 1999
M/Susag, S/Sandahl that this constitutes Second Reading of Bill No. 1999-7,
Transitory Ordinance No. 17.89, that it be published in the official newspaper and that it be
made part of these minutes.
Motion carried 5-0.
Item #9CONSIDERATION OF OFF-STREET PARKING PERMIT FOR 7530, 7536
AND 7544 OLIVER AVENUE AND 7527, 7533 AND 7539 PENN AVENUE
TO ALLOW PARKING LOT RECONFIGURATION. C.L. NO. 106
Acting City Manager Devich reviewed Council Letter No. 106 regarding a request
for an off-street parking permit for 7530, 7536, and 7544 Oliver Avenue and 7527, 7533,
and 7539 Penn Avenue to allow a parking lot reconfiguration for this site.
M/Stokes, S/Sandahl to approve an off-street parking permit for 7530, 7536 and
7544 Oliver Avenue 7527, 7533, and 7539 Penn Avenue to allow a reconfiguration of the
parking lot as on file with the Community Development Department contingent upon the
transitory ordinance for the sale of the property at 7545 Penn Avenue becoming effective.
Motion carried 5-0.
Item #10CONSIDERATION OF REVIEW OF PLANNING PROCESS FOR
REDESIGN OF FORT SNELLING GOLF COURSE SITE AS
REPLACEMENT FOR RICH ACRES GOLF COURSE C.L. NO. 107
.
Acting City Manager Devich reviewed Council Letter No. 107 regarding a review of
a proposed planning process for the redesign of the Fort Snelling Golf Course as a
replacement for the Rich Acres Golf Course. He discussed the following three issues
which must be resolved in order to accomplish the golf course replacement:
x
Property Acquisition
x
Facility Design
x
Financing the Improvements
George Watson, Brauer & Associates, answered questions regarding operation of
the golf course, staging of construction, status and feasibility of the continued use of part of
Rich Acres Golf Course, appraisal of the property at Fort Snelling, and status of the historic
buildings.
M/Susag, S/Rosenberg to accept the proposed Fort Snelling Golf Course
Evaluation and Planning Process as outlined in the memo from Don Brauer on pages 10-2
and 10-3 of the agenda packet.
Council Meeting Minutes-7-May 10, 1999
Motion carried 5-0.
Item #11CONSIDERATION OF APPOINTMENT TO FRIENDSHIP CITY
COMMISSION. C. L. NO. 108
Council Member Susag stated that the City Council had interviewed applicants for
Commission appointments at a Special City Council Meeting on April 26, 1999.
M/Susag, S/Rosenberg to approve the appointment of John Sells to the Friendship
City Commission to fill a term expiring on January 31, 2002.
Motion carried 5-0.
Item #11ACONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS
AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR RECREATION
DEVELOPMENTS AT ACADEMY OF HOLY ANGELS, SUB-PROJECT OF
BALLFIELD REPLACEMENT PROJECT. C.L. NO. 104
Acting City Manager Devich reviewed Council Letter No. 104 regarding approval of
plans and specifications and authorization for the advertisement for bids for recreation
developments at the Academy of Holy Angels (AHA), a sub-project of the ballfield
replacement project.
Burt Miller, 6712 Pleasant Avenue, stated several concerns about the proposed
plan including:
x
Separation of church and state
x
Organized sports groups taking over the space now used by neighborhood
children and families
x
Noise
x
P.A. system
x
Access
x
Lighting
George Watson, Brauer & Associates, reviewed the proposed site plan,
neighborhood input, security, fencing, parking, lighting, and P.A. system issues. He stated
no lighting would be added. He stated that with the public investment there would be the
advantage of public access, more control, and more accountability.
Council Meeting Minutes-8-May 10, 1999
City Attorney Thomson stated that a State grant is being used to fund the
improvements. She stated that the City is getting value, use of the property, through the
lease. She stated the State and Attorney General are satisfied with the agreement
between the City of Richfield and AHA regarding the State grant.
Mr. Miller discussed further concerns about the orientation of the fields, the P.A.
system, special interest sports groups, and whether the AHA varsity baseball would play
games on the field.
George Watson reviewed the field layout and limitations.
Discussion followed regarding staff followup related to the P.A. noise issue and the
AHA uses for the fields.
Acting City Manager Devich stated this action to prepare bids and specifications
anticipates the final agreement being approved by all parties and generally keeps the
ballfield improvements on schedule. He stated the current action only authorizes plans
and specifications and advertisement for bids; it does not authorize construction.
M/Rosenberg, S/Stokes to approve the plans and specifications and authorize
advertisement for bids for the redevelopment of recreational facilities at the Academy of
Holy Angels as part of the Ballfield Replacement Project.
Motion carried 5-0.
Item #11BCONSIDERATION OF RESOLUTION ESTABLISHING PROCEDURE
RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER INTERNAL REVENUE SERVICE IN REGARD TO
CEDAR AVENUE REDEVELOPMENT PROJECT C.L. 99
Council Member Stokes stated that she had requested that this item be placed on
the regular agenda to allow an opportunity for clarification regarding a question from
Gordon Anderson of the Charter Commission about whether this action is in compliance
with the new Charter provision regarding capital expenditures.
City Attorney Thomson explained that this action is in compliance with City Charter
and does not authorize expenditures but rather preserves a future financing option for
reimbursement from bond proceeds for payment of certain costs incurred by the City prior
to the issuance of bonds if the City issues bonds for mitigative redevelopment.
M/Stokes, 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:
Council Meeting Minutes-9-May 10, 1999
RESOLUTION NO. 8720
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. 8720 in Resolution
Book No. 69.
Item #12AIRPORT STATUS REPORT
Acting City Manager Devich reviewed and discussed the status of legislation
regarding airport impact mitigation and redevelopment. He stated that the conference
committee had not come to a consensus on a funding source but appeared to understand
the impact and need for mitigation. He stated that the legislature is scheduled to adjourn
on May 17.
Mayor Kirsch and Council Member Susag thanked and acknowledged Senator
Dave Johnson for his work on behalf of the City on airport legislation.
Council Member Stokes reported on the recent MASAC meeting indicating there is
growing support on MASAC regarding low frequency noise issues and that a new Anons
ththth
Noise Monitor will be installed on 68 Street between 16 and 17 Avenues.
Item #13LEGISLATIVE REPORT
Acting City Manager Devich reviewed the status of pension related legislation.
Council Member Susag asked about the status of legislation regarding cities use of
amortization in land use matters and its impact on Richfield's billboard ordinance.
City Attorney Thomson stated that the bill had been passed by the legislature and
sent to the Governor. She stated the legislation would prevent the enforcement of
billboard amortization contained in the City's ordinance code.
Mayor Kirsch requested that staff prepare a Council Memorandum regarding the
impact of this legislation.
Item #14COUNCIL DISCUSSION ITEMS
Council Meeting Minutes-10-May 10, 1999
Council Member Sandahl suggested that Richfield participate in the League of
Minnesota Cities (LMC) city flag display at the LMC Annual Conference in June.
Mayor Kirsch reminded residents that the May issue of the Your City newsletter has
been delivered and that residents can call City Hall if they have questions or need further
information on any topic in the newsletter.
Item #15CLAIMS AND PAYROLL
M/Susag, S/Stokes that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 78834 - 78852$65,881.52
H/C: 86683 - 87008$879,674.72
Payroll: 12426 - 12436; 12713 - 12941$456,887.35
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:30 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberSteven L. Devich
City ClerkActing City Manager