07-12-99 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 12, 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:Bruce Palmborg, Acting City Manager/Community Development
Director; Thomas Ferber, City Clerk; Jim Topitzhofer, Recreation
Services Director; Steve Sutter, Fire Marshall/Assistant Chief; Dawn
Weitzel, Special Projects Assistant; and John Dean, Acting City
Attorney.
APPROVAL OF MINUTES
M/Susag, S/Sandahl to approve the regular City Council Meeting minutes of June
28, 1999.
Motion carried 5-0.
Council Meeting Minutes-2-July 12, 1999
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Dennis W. Manson, 6901 Park Avenue, requested that the City Council be alert and
give careful consideration to the following issues:
x
Status of the additional $125,000 Mighty Ducks Grant for the second ice sheet
at the ice arena.
x
Status of local company sponsorship to fund the purchase of the zamboni for
the second ice sheet.
x
Status of Mayor Kirsch’s meeting with the MAC.
x
That the City Council proceed with caution regarding a new Multi-Purpose
Community Center and City Maintenance facility in view of the uncertainty
regarding resolving the issues with MAC, whether the City can afford the
additional; costs, and that so many residents are on fixed incomes.
x
That the new City Manager qualifications include good business management
skills.
Mayor Kirsch responded indicating the following:
x
He would be meeting with the MAC Chairperson Charles Nichols on July 23.
x
The City Council would be discussing the Multi-Purpose Community Center
proposal at future meetings.
x
The City is negotiating with MAC regarding a site for the City Garage at
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Highway 77 and 66 Street.
x
A copy of the City Manager profile was available.
Al D. Keenan, 6600 James Avenue, requested assistance in how to proceed
regarding a revised plan for an addition to his home which the Council had previously
granted a variance.
Acting City Manager Palmborg told Mr. Keenan he should submit a new application
for the revised plan.
Don Cedarholm, 6214 Fifth Avenue, thanked the City Council for the installation of
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the traffic signal at 64 Street and Portland Avenue. He stated opposition to installation of
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sidewalk on 64 Street between Nicollet Avenue and 64 Street.
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Transportation Engineer Foley stated that discussions regarding a sidewalk on 64
Street occurred during the neighborhood meetings about the traffic signal. He indicated it
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was unlikely that staff would recommend that a sidewalk be constructed on 64 Street.
Mr. Cedarholm spoke in opposition to the Multi-Purpose Community Center
proposal. He stated the current Community Center was just fine and the Council should
leave Veterans Memorial Park alone.
Council Meeting Minutes-3-July 12, 1999
Item #2 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Stokes to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A.APPROVED RESOLUTION AUTHORIZING THE DONATION OF USED CITY
EQUIPMENT TO INDEPENDENT SCHOOL DISTRICT #280 C.L. 152
RESOLUTION NO.8745
RESOLUTION AUTHORIZING THE TRANSFER OF USED COMPUTER
EQUIPMENT TO INDEPENDENT SCHOOL DISTRICT #280
This resolution appears as Resolution No.8745 in Resolution Book No. 70.
B.APPROVED REQUEST TO ALLOW PYLON SIGNOF 35 FEET IN HEIGHT AT
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RICHFIELD BLOOMINGTON HONDA, 400 WEST 78 STREET C.L. 153
C.APPROVED AWARD OF CONTRACT TO MIDWEST PLAYSCAPES FOR
REPLACEMENY PLAY EQUIPMENT AT ADAMS HILL PARK IN THE AMOUNT
OF $50,000C.L. 154
D.APPROVED AWARD OF CONTRACT TO DUECO,INC. FOR AERIAL LIFT
TRUCK FOR USE BY STREET MAINTENANCE DIVISION IN THE AMOUNT
OF $82952 C.L. 155
M/Sandahl, S/ Rosenberg to approve the consent calendar.
Motion carried 5-0.
Council Meeting Minutes-4-July 12, 1999
PUBLIC HEARING AND SECOND READING OF AMENDMENTS TO
Item #4RICHFIELD CITY ORDINANCE CODE SECTIONS 400 AND 405,
UPDATING CITY BUILDING REGULATIONS TO LATEST VERSION OF
MINNESOTA STATE BUILDING CODE AND MINNESOTA UNIFORM FIRE
CODE C.L. NO. 156
Acting City Manager Palmborg reviewed C.L. No. 156 regarding the proposed
ordinance amendments to update City building regulations to the latest version of the
Minnesota State Building Code and the Minnesota Uniform Fire Code.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
M/Susag, S/Stokes that this constitutes Second Reading of Bill No. 1999-9
amending Subsections 400.03, 400.21, 400.25 and 405.07 of the Richfield City Code; that
it be published in the official newspaper and that it be made part of these minutes.
Motion carried 5-0.
CONSIDERATION OF SETTING SPECIAL CITY COUNCIL MEETING(S)
Item #5FOR 1999 REVISED/2000 PROPOSED BUDGET AND SETTING
PRELIMINARY TAX LEVY C.L. No. 157
Acting City Manager Palmborg reviewed C.L. No. 157 regarding scheduling Special
City Council meetings for review of the 1999 Revised/2000 Proposed Budget and setting
the Year 2000 Preliminary Tax Levy. He suggested the following:
7:00 p.m. Wednesday, August 25, 1999
7:00 p.m. Wednesday, September 1, 1999
Council Member Rosenberg stated she would not be available on those dates.
Discussion followed regarding alternate dates and Council Member availability.
There was no consensus reached for alternate dates.
M/Sandahl, S/Stokes to select Wednesday August 25, 1999 at 7:00 p.m. and
Wednesday September 1, 1999 (if necessary) at 7:00 p.m. as the dates for Special City
Council Meetings to review and discuss the 1999 Revised/2000 Proposed Budget and
Setting the 2000 Preliminary Tax Levy prior to certification to Hennepin on September 15,
1999.
Motion carried 5-0.
Council Meeting Minutes-5-July 12, 1999
Item #6STATUS REPORT ON RICHFIELD-METROPOLITAN AIRPORTS
COMMISSION NOISE MITIGATION AGREEMENT C.L. NO. 158
Acting City Manager Palmborg reviewed C.L. No. 158 regarding the status of the
Richfield-Metropolitan Airports Commission Mitigation Agreement.
John Dean, Acting City Attorney/HRA Attorney, presented a report (Agenda pages
6-1 to 6-12) on the current status of the major issues of the Richfield-Metropolitan Airports
Commission Noise Mitigation Agreement. He stated there were several disappointments
and several bright points. He discussed and answered questions regarding the following:
x
Mitigation Funding Status
x
Part 150 Program Funds – unlikely.
x
Runway 4-22 Mitigation fund flexibility and reallocation not started yet.
x
T.I. F./ sales tax legislation did not pass.
x
State Legislature authorized $30 million for airport impact zone redevelopment
awaiting FAA ruling regarding revenue diversion.
x
Legislation
x
Omnibus Tax Bill created an Airport Impact Zone in Richfield acknowledging
this area will experience unique and adverse environmental and socioeconomic
impacts directly associated with the operation of the airport. Also provided that
the City receive $30 million from the MAC for land use conversion within the
Airport Impact Zone subject to FAA ruling.
x
Governor’s task force was created to identify and recommend funding sources.
Tom Harms is Richfield’s representative. The first meeting will occur at the end
of July.
x
Low Frequency Noise Policy Committee currently preparing technical
recommendations on how to mitigate noise outside of the redevelopment area.
x
Airport Impact Zone legislatively defined area for redevelopment. The HRA has
an agreement with the Ryan Company to be the master redeveloper of funding
is available
Discussion followed regarding how the westerly boundary of the Airport Impact
Zone was determined and its relationship to the 65 DLN contour.
Dawn Weitzel, Special Projects Assistant, answered questions regarding the basis
of the legislative boundary determinations and its relationship to low frequency noise and
overflight noise standards.
Mr. Dean continued discussing the Richfield-MAC noise mitigation agreement
including the following issues.
x
Redevelopment mitigation.
x
FAA decision regarding funding.
x
Good faith.
Council Meeting Minutes-6-July 12, 1999
x
Northwest Airlines position.
x
Steve Pflaum letter.
x
Infrastructure agreement.
x
Upper Bluff Fort Snelling golf course.
x
Berming and landscaping.
x
New MAC members and Chair.
Discussion followed regarding funding enforceability, cooperation, and the
Governor’s task force.
Dennis Manson, 6901 Park Avenue, stated appreciation for the update on airport
issues. He repeated his request that the Council consider the uncertainty if the airport
issues when looking at proposals for a Community Center and a City maintenance facility.
Item #7AIRPORT STATUS REPORT
None.
ITEM #8LEGISLATIVE REPORT
None.
Item #9COUNCIL DISCUSSION ITEMS
Council Member Rosenberg discussed a letter from Gordon Anderson, 7501 Elliot
Ave, regarding City Charter provisions requiring public hearings for certain capital
improvements such as the proposed Community Center.
Acting City Attorney John Dean reviewed City Charter Section 8.04 which requires
that capital improvements on City property must be approved by ordinance after a public
hearing if the estimated cost exceeds $500,000 or if estimated design and engineering
costs exceed $75,000. He stated that based on information provided by Jim Topitzhofer,
Director of Recreation Services, the City has not exceeded either the $75,000 or $500,000
limits in Section 8.04. He stated the City has engaged Short-Elliot-Hendrickson (SEH) to
prepare preliminary designs and estimates, and that contract amount did not exceed
$75,000 and did not violate the charter. He indicated because Section 8.05 requires that
the notice of public hearing contain the estimated costs of the capital improvement, it was
necessary for the City to engage SEH in order for the City to comply with the requirements
of the Charter.
Council Meeting Minutes-7-July 12, 1999
Mr. Dean stated that Mr. Anderson is correct that the Charter provisions do apply to
the proposed Multi-Purpose Facility and City staff has every intention of complying with the
Charter requirements. The required public hearing will be held before the City enters into
any contracts that would exceed the limitations specified in the Charter.
Discussion followed regarding the timing of the public hearing if the City Council
were to authorize a bond referendum for the Multi-Purpose Facility.
Mayor Kirsch asked the City Attorney to review these issues.
Council Member Susag discussed the status of the Lyndale Gateway Project and
communication issues. He requested copies of the letter sent out so he could door knock
and distribute in the neighborhood.
Discussion followed regarding Council Memorandum No. 87 related to scheduling a
Special City Council meeting to review City Manager applications. It was the direction of
the City Council to schedule a Special City Council meeting for Thursday, July 29, 1999 at
7:00 p.m. to review City Manager applications.
Item #10CLAIMS AND PAYROLL
M/Stokes, S/Susag that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks: 78930 – 78954 $ 106,696.71
H/C 88239 – 88496 $ 632,551.07
PAYROLL 9370 – 9384; 13964 – 14272$ 513,552.38
TOTAL $1,252,800.16
Motion carried 5-0.
Council Meeting Minutes-8-July 12, 1999
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:55 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberBruce Palmborg
City ClerkActing City Manager