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06-08-04 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting June 8, 2004 The meeting was called to order by Mayor Pro Tempore Sandahl at 6:30 p.m. Members Present: Martin Kirsch, Mayor (arrived 6:47); Sue Sandahl; Susan Rosenberg; John Enger; and Gertrude Ulrich. Samantha Orduno, City Manager; Steve Devich, Administrative Services Director; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Bruce Nordquist, Housing and Redevelopment Manager; John Stark, Community Development Assistant Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. Mayor Pro Tempore Sandahl announced Mayor Kirsch would be arriving late to the meeting. Staff Present: No one was registered to speak. Mayor Pro Tempore Sandahl led the audience in the Pledge of Allegiance. M/Ulrich, S/Rosenberg to approve the minutes of Reoular City Council Meetino of Mav 25. 2004. Motion carried 4-0. Council Meeting Minutes -2- June 8, 2004 Item #1 AS Mayor Pro Tempore Sandahl presented a proclamation designating June 6-12,2004 as National Garden Week in Richfield to Garden Club members, Jeanette Lofstrom and Mary Olafson. Item #2 Council Member Rosenberg presented a proclamation designating June 2004 as Gay, Lesbian, Bisexual, Transgender Pride Celebration Month in Richfield to the Human Rights Commission. Item #3 Mark Olson, Human Rights Commission Chair, presented the annual Gene and Mary Jacobsen Outstanding Citizen Award to Howard Bunce. Item #4 Mark Olson, Human Rights Commission Chair, reviewed the commission's 2004 annual report including goals and accomplishments. The City Council thanked the commission for their efforts. Item #5 Mayor Kirsch arrived at 6:45 p.m. Tom Hodnefield, HLB Tautges Redpath, Ltd., presented a summary of the Comprehensive Annual Financial Report (CAFR) which was previously reviewed by City management staff. He described the three audit reports and summary of audit findings. He congratulated City staff, especially the Finance Division, fur successfully completing the audit because of many accounting changes related to GASB 34 and standards related to fraud. Mr. Hodnefield reviewed the finding related to the State Statute requiring the acceptance of restrictive grants and donations by City Council resolution. \ Council Meeting Minutes -3- June 8, 2004 Council Member Enger asked about the $1.2 million transfer from the General Fund. Mr. Hodnefield explained the accounting for compensatory absence liability and the transfer to an internal fund. Council Member Ulrich encouraged residents with questions regarding the City's finances to review the CAFR because it is a well organized, valuable source of information. The City Council accepted the CAFR and thanked the auditing firm for their work and reminded the public that the auditors work for the City Council, not staff. The City Council thanked Steve Devich, Administrative Services Director, and Chris Regis, Finance Manager, for their efforts in preparing and monitoring the City's financial reports. Item #6 Council Member Rosenberg announced the Richfield Beautiful Home and Garden Tour on June 26 & 27. Maps will be on sale at the Community Center, City Hall and the municipal liquor stores. Council Member Ulrich discussed the recent renovation of Mt. Calvary Church. Council Member Ulrich discussed the Richfield Chamber of Commerce newsletter related to the generosity of businesses in the community. Council Member Enger requested the City Council authorize the City Manager to inform M & I Bank to override the City's policy and to cash his stale-dated paychecks. He apologized to the City Council and the City of Richfield for not adhering to the Council Memo regarding the check-cashing policy. Council Member Rosenberg asked how many checks were stale and the timeframe. Council Member Enger said 17 checks over a one-year timeframe. Council Member Rosenberg asked Council Member Enger if the City Manager had spoken with him several occasions regarding cashing the checks. Council Member Enger said they had spoken a couple times. Council Member Sandahl expressed concern regarding an element of fairness of making a different policy for the City Council than for City employees. Council Member Enger said there would be no problem with him in the future. City Manager Orduno explained the policy is to charge $20 if a check is to be re-issued, but no re-issuing needs to be done for Council Member Enger. Council Member Rosenberg asked if a large amount of staff time was spent on this matter. City Manager Orduno said yes, because it had not been an issue before. Mayor Kirsch said the City Council cannot put themselves above the rest of staff and the policy is universal. City Manager Orduno clarified the policy applies to re-issued checks. Council Meeting Minutes -4- June 8, 2004 Council Member Sandahl asked if this matter would come before the City Council if an employee were in this situation. City Manager Orduno said no, she would handle it administratively and there would be a charge because of the staff time involved. Council Member Ulrich stated this was a delicate situation and she originally supported cashing the paychecks but, at that time, was not aware the number was 17 checks. Mayor Kirsch asked about the Council Memo regarding the check cashing policy. City Manager Orduno said Council Member Enger has acknowledged receipt of the memo. M/Sandahl, S/Rosenberg to authorize the City Manaaer to override the 6-month check cashina policy and notify the bankto cash Council Member Enaer's 17 stale-dated payroll checks and impose a penalty for the staff time spent at the same fee as any other employee of $20 per check. City Manager Orduno explained' City employees, as of August 1, 2004, will be required to have direct deposit as permitted by the new State law passed this year. She suggested the City Council could also require themselves to have direct deposit. Council Member Enger stated no fee should be imposed because the checks are not re- issued and he was not being treated fairly. Council Member Enger said if the fee is to be assessed, he withdraws his request and will seek legal advice. Mayor Kirsch said a motion is on the table that needs action. Motion carried 4-0. (Enger did not vote.) Council Member Ulrich reported on the LMC/AMM annual meeting. Council Member Ulrich reported on the Public Law Update seminar. Item #7 City Manager Orduno reported on the House Research Department update regarding local government aid (LGA) estimates for 2005. Richfield's reduction is approximately $900,000. A total of $4.5 million has been cut in less than four years. Item #8 M/Rosenberg, S/Sandahl to approve the aaenda. Motion carried 5-0. Item #9 A. Approved resolution authorizing issuance of third Educational Facilities Revenue Note (Academy of Holy Angels Project), Series 2004, under MN Statutes, Sections 469.152 through 469.1651 as amended, to finance property for benefit of Academy of Holy Angels S.R. No. 97 ", I I Council Meeting Minutes -5- June 8, 2004 RESOLUTION NO. 9472 RESOLUTION APPROVING AND AUTHORIZING THE ISSUANCE OF ITS EDUCATIONAL FACILITIES REVENUE NOTE (ACADEMY OF HOLY ANGELS PROJECT), SERIES 2004, UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1651, AS AMENDED, TO FINANCE PROPERTY FOR THE BENEFIT OF ACADEMY OF HOLY ANGELS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF THE NOTE This resolution appears as Resolution No. 9472 in Resolution Book No. 75. B. Approved resolution declaring costs to be assessed and ordering preparation of assessment roll for 2003 removal of diseased trees from private property and setting public hearing for July 27,2004 S.R. No. 98 RESOLUTION NO. 9473 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2003 TO DECEMBER 31, 2003 This resolution appears as Resolution No. 9473 in Resolution Book No. 75. C. Approved resolutions declaring costs to be assessed and ordering preparation of assessment roll for 2003 Lyndale/HUB/Nicollet maintenance, and proposing similar assessment process for 2005 and setting public hearing for July 27,2004 S.R. No. 99 RESOLUTION NO. 9474 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE L YNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD JANUARY 1, 2005 THROUGH DECEMBER 31, 2005. RESOLUTION NO. 9475 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR L YNDALE/HUB1NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2003 THROUGH DECEMBER 31, 2003 These resolutions appear as Resolution No.'s 9474 and 9475 in Resolution Book No. 75. D. Approved resolutions declaring costs to be assessed and ordering preparation of assessment roll for 2003 77th Street maintenance district, and proposing similar assessment process for 2005 and setting public hearing for July 27,2004 S.R. No. 100 Council Meeting Minutes -6- June 8, 2004 RESOLUTION NO. 9476 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2005 THROUGH DECEMBER 31, 2005 RESOLUTION NO. 9477 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2003 THROUGH DECEMBER 31, 2003 These resolutions appear as Resolution No.'s 9476 and 9477 in Resolution Book No. 75. M/Sandahl, S/Rosenberg to approve the Consent Calendar. Motion carried 5-0. Item #10 None. Item #11 Council Member Rosenberg presented Staff Report No. 101 regarding consideration of Easement and Maintenance Agreements contingent upon approval of a City Bella final plat resolution and a public hearing regarding a resolution approving a final plat for City Bella redevelopment project by Gramercy Corporation. City Manager Orduno made the following correction in the resolution granting final approval of a subdivision for Gramercy Corporation and City Bella - NO.2 should read "final" not "preliminary" approval. M/Rosenberg, S/Sandahl to close the public hearinQ. Motion carried 5-0. M/Rosenberg, S/Sandahl to approve the Easement and Maintenance AQreements continQent upon approval of the City Bella final plat resolution. Motion carried 5-0. M/Rosenberg, S/Kirsch that the followinQ resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9478 RESOLUTION GRANTING FINAL APPROVAL OF A SUBDIVISION FOR GRAMERCY CORPORATION AND CITY BELLA Council Meeting Minutes -7- June 8, 2004 Motion carried 5-0. This resolution appears as Resolution No. 9478 in Resolution Book No. 75. Item #12 Council Member Sandahl presented Staff Report No. 102 regarding a resolution accepting Metropolitan Livable Communities Grant in the amount of $500,000 for City Bella and a resolution authorizing Richfield HRA to distribute and administer grant funds, approving an agreement between HRA and developer and approving amendments to Business Subsidy Agreement because of addition of grant funds. M/Sandahl, S/Rosenberg that the followino resolutions be adopted. that they be spread in the resolution book and that they be made part of these minutes: RESOLUTION NO. 9479 RESOLUTION ACCEPTING METROPOLITAN LIVABLE COMMUNITIES GRANT IN THE AMOUNT OF $500,000 RESOLUTION NO. 9480 RESOLUTION AUTHORIZING RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY ("HRA") TO DISTRIBUTE AND ADMINISTER GRANT FUNDS, APPROVING AGREEMENT BETWEEN HRA AND DEVELOPER, AND APPROVING THE AMENDMENTS TO THE BUSINESS SUBSIDY AGREEMENT BETWEEN THE HRA AND THE DEVELOPER. Council Member Enger stated when the grant was proposed to the City Council, there was no discussion of the funds being connected to a skyway. In reality, the grant is to build the skyway which will benefit only the residents in the towers. If the City accepts the grant, it must be used for plaza improvements because he will not support the resolution if the funds are used for a skyway. If the skyway is built, maintenance is the responsibility of the two buildings. City Manager Orduno stated the City would not maintain the skyway. Council Member Rosenberg said other high-rise occupants would use the skyway, not just City Bella residents, because Lyndale Avenue is such a busy street to cross. Council Member Enger said the intersection is controlled by semaphores. Council Member Sandahl stated the skyway can also be used by Oaks on Pleasant and The Pines residents. Council Member Enger asked about the proposed restaurants and businesses on the first floor of City Bella. City Manager Orduno said there are no restaurants. Council Meeting Minutes -8- June 8, 2004 Housing and Redevelopment Manager Nordquist reviewed the proposed businesses. He added that the developer continues to search for a quicker-service restaurant. Council Member Ulrich stated that she supports a skyway because she is a promoter of the pedestrian way and Lyndale Avenue is not comfortable to cross even though there are lights. Mayor Kirsch added that crossing is also difficult in the wintertime for seniors. Council Member Enger stated that when the public hearing took place, there were a number of people who vehemently objected to the grant being used for a skyway and they were told it would not be used that way. City Manager Orduno explained the funds are from the Met Council designated for plaza improvements so cannot be used in any other way. The developer would pay for skyway connections. Council Member Sandahl said access for Wood Lake Nature Center is also part of the design. Council Member Enger stated this grant gives the developer $500,000 for the plaza and then they'll build the skyway. Council Member Ulrich said the grant application went through an extensive assessment by the Met Council and the funds cannot be used in any other way than designated by them. Mayor Kirsch stated many other cities were vying for funds. Housing and Redevelopment Manager Nordquist said the grant process was very competitive and was awarded based upon the merit of supporting community connections. City Manager Orduno explained the plaza is not the developer's but the public's. Housing and Redevelopment Manager Nordquist explained the grant application was approved by the City Council by resolution. Council Member Sandahl stated it was clear from the Met Council that the funds are for plaza improvements and no City funds will be used for the skyway. Council Member Enger requested the City Council invite Lou Stocco, Gramercy Corporation, to address the City Council. Council Member Enger asked Mr. Stocco about the initial cost of the plaza; he recalls it was $1.2 million. Mr. Stocco estimated $1 + million. City Manager Orduno explained the original plaza was cut back so the grant allows additional improvements. The skyway and plaza are two separate issues. Council Member Engerrequested figures from the initial proposal, the way tax increment financing (TIF) was arranged for each part of the proposal, when the plaza was reduced and how it will be enhanced. Council Member Enger said he sees the grant as a diversion of funds. Council Meeting Minutes -9- June 8, 2004 City Manager Orduno stated the skyway was never listed on eligible list for TIF. Council Member Ulrich called the question. Motion carried 4-1. (Enger opposed.) These resolutions appear as Resolution No.'s 9479 and 9480 in Resolution Book No. 75. Item #13 Council Member Enger presented Staff Report NO.1 03 regarding clarification of a conditional use permit for Kensington Park redevelopment project. City Attorney Thomson explained the history related to the 115 underground parking spaces and the need for the City Council to clarify the intent to be consistent with the history. Council Member Enger asked about the calculation used for the spaces for the condominiums. Community Development Assistant Director Stark explained the planned unit development (PUD) has no structured set of ratios because it is a shared, mixed-use area. Council Member Enger reviewed the parking components and asked how 115 was determined. Community Development Assistant Director Stark explained 115 spaces was the original number for the 96 unit condominiums and this was approved by the Planning Commission. The text of the PUD says 126 spaces, but the map states 115. Council Member Enger asked about the parking at Gramercy because there appeared to be too few. City Manager Orduno stated the Gramercy discussions were not related to enough spaces, but rather the kind of parking. Mixed use developments result in different traffic flows and pedestrian ways require some adjustments. Community Development Assistant Director Stark stated each condo unit has its own parking space and two bedroom and two plus bedroom units have an option to buy additional space. Council Member Sandahl said the ramp is built and additional underground parking cannot be added at this time. Council Member Enger asked if the City anticipates the condos to use surface parking. Community Development Assistant Director Stark said it is anticipated that the condos will use surface parking for guests at night, but not during the day. A parking study was conducted and it determined the underground parking adequate. MtRosenberg, StEnger to clarifv that the Conditional Use Permit for the Kensinqton Park was intended to include 115 underqround parkinq spaces. Council Meeting Minutes -10- June 8, 2004 Motion carried 5-0. Item #14 Council Member Ulrich presented Staff Report No. 104 regarding consideration of accepting plans and specifications and authorize advertising for bids for reconstruction and securing construction engineering services for improvements on 7600 block of Lyndale Avenue. Public Works Director Eastling reviewed the detour route. M/Ulrich, S/Rosenberg to accept the plans and specifications for the reconstruction of the 7600 block of Lyndale Avenue. and authorize advertisement for bids to reconstruct the 7600 block of Lyndale Avenue and to secure construction enqineerinq services for the proiect. Motion carried 5-0. Item #15 M/Rosenberg, S/Sandahl that the followinq claims and payrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 132225 - 132510 PAYROLL 38616 - 38728 TOTAL $ 786,569.30 $ 441,627.54 $ 1,228,196.84 Motion carried 5-0. Council Member Ulrich requested the Richfield and Bloomington Chamber of Commerce after hours event with legislators on June 24 be posted as a Special City Council meeting. The City Council recessed at 8:25 p.m. Item #16 The City Council reconvened at 8:30 p.m. City Manager Orduno stated tonight's Worksession was called by Council Member Enger but he left after the Regular City Council meeting due to illness. She said Council direction to staff is requested to continue the family-friendly marketing campaign and begin forming the coordinating committee. This campaign is an on-going, long-term commitment and participation should be as inclusive as possible. Council Meeting Minutes -11- June 8, 2004 Council Member Rosenberg suggested the Richfield Community Council, churches and Vision 2020 be included. City Manager Orduno said the initiation of the Coordinating Committee will be returned to the City Council for formal approval. Mayor Kirsch asked who attended the conference as the City's Team. City Manager Orduno stated Council Members Sandahl and Rosenberg, Best Buy representative, Chamber of Commerce President and Chair, School District Superintendent, Public Safety Director, Recreation Services Director, Community Development Director and City Manager. Council Member Ulrich suggested RAMA be included and that the committee work with programs already in place. City Manager Orduno said the Chief Coordinator needs to be from the City Council because it's important to have City Council leadership. Community Development Director Palmborg suggested different ethnic groups be included. Recreation Services Director Topitzhofer stated the challenge will be budget constraints. Partnerships and creativity are needed. Edwina Garcia, HSSC representative, thanked the City Council for this initiative and encouraged inclusiveness. Council Member Rosenberg said Richfield could be known as the front porch community. The City Council directed the City Manager to initiate the establishment of a Family-Friendly Coordinating Committee with Council Member Sandahl as leader and Council Member Rosenberg as co-leader. Item #17 Date A::::: C::::i1 :~e:::as adjourned by unanimous consent at 841 p ~ ~ ,/ / ,1 ~- 6h~~umn lz Recording Secretary