07-27-04 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 27, 2004
The meeting was called to order by Mayor Kirsch at 6:35 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and
Sue Sandahl.
Staff Present:
Samantha Orduno, City Manager; Steve Devich, Administrative Services
Director; Dan Scott, Public Safety Director; Bruce Palmborg, Community
Development Director; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Brad Sveum, Acting Fire
Services Director; Bill Fillmore, Liquor Operations Director; Bruce
Nordquist, Housing & Redevelopment Manager; Randy Hughes,
Operations Superintendent; Cheryl Krumholz, Recording Secretary; and
Corrine Thomson, City Attorney.
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Ulrich, S/Enger to approve the minutes of ReQular City Council MeetinQ of Julv 13. 2004.
Motion carried 5-0.
Item #1
Council Meeting Minutes
-2-
July 27,2004
VFW Commander Len Goodmanson and Sr. Vice Commander Mike Brand presented a
plaque in appreciation of a job well done related to an incident on May 23, 2004 to Dan Scott,
Public Safety Director, on behalf of the department.
The City Council thanked the VFW for this recognition.
Council Member Enger asked if the 9-1-1 call on this incident came to Richfield or
Hennepin County dispatchers.
Public Safety Director Scott explained the call came directly into the Richfield Center.
Council Member Enger said this valuable service should always be kept in Richfield.
Item #2
Susan Rosenberg, Richfield Beautiful co-chair, announced the top 15 2004 Landscaping
Good Neighbor Award recipients:
Cathy Bender
Andy Benson
Darcy Buelow
Ruth Latham
Linda Saathoff
Andy Sherry
Kate Skapyak
Vilma Strid
Dale Dorkin and Lee Connelly
Debbie and Richard Harms
John and Liz Hennick
Ann and Ben Hruz
Andrew and Connie Kroll
Darlene and Tom Lund
Jim and Mary Suess
Bruce Nihart and Bernie Mattson, co-chairs of the award program, announced the top five
finalists who will receive special recognition from the Mayor on August 5 at National Night Out:
Cathy Bender
Darcy Buelow
Andy Sherry
Debbie and Richard Harms
Linda Saathoff
Mr. Nihart and Mr. Mattson acknowledged the special efforts of Bruce Nordquist, Housing
and Redevelopment Manager, for getting the program going again.
Council Member Rosenberg acknowledged the special efforts of Mary Olafson, co-chair of
Richfield Beautiful.
The City Council thanked the residents for their beautiful yards and participating in the
program.
Item #3
Julianne Schweitz, consultant, reported on the status of the Community Apartment
Program, including re-writing the City's Housing Code.
Council Meeting Minutes
-3-
July 27, 2004
Council Member Ulrich expressed admiration of Ms. Schweitz for sticking with the work to
improve the quality of apartment livingirlR!ppfield,
Ms. Schweitz stated City staff has worked diligently in enforcement. She added that the
Crime Free Multi-Housing Program and RAMA programs are important.
The City Council thanked Ms. Schweitz and City staff for their efforts.
Item #4
Recreation Services Director Topitzhofer announced the second annual Urban Wildland Half
Marathon and 5K on August 7. The proceeds are used to continue K-6 school programs at Wood
Lake Nature Center.
Mayor Kirsch reported on the past weekend's ABC Final Swim Meet at the Richfield pool. He
asked Recreation Services Director Topitzhofer to inform his staff that he received many compliments
on the pool facility and to thank them for the good service to the guests.
Council Member Ulrich introduced Lisa Plank, the new Richfield Historical Society Director,
and encouraged people to visit the Bartholomew House to view significant changes.
Lisa Plank provided an update on the Bartholomew House and History Center restoration. A
History Center grand opening is tentatively scheduled for October. She invited people to visit the web
site www.richfieldhistorv.orQ.
The City Council thanked Ms. Plank for her efforts.
Council Member Sandahl reported on a recent conversation with a realtor who was impressed
with the Fourth of July clean up and all the development in the city.
Item #5
None.
Item #6
Mayor Kirsch amended the agenda to add 7E to the Consent Calendar: Consideration of
approval of bid minutes/tabulation and award of contract to Shafer Contracting Company, Inc. for
Lyndale Avenue Reconstruction between 76th and 77th Streets in amount of $1 ,812,866.70. S.R.
No. 131.
M/Sandahl, S/Rosenberg to approve the aQenda as amended.
Motion carried 5-0.
Item #7
Council Meeting Minutes
-4-
July 27,2004
A. Approved first reading of ordinance amendment to Section 1146 regarding changing fines for
selling tobacco to underage youth ands scheduling second reading for September 16, 2004
S.R. No. 123
B. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 8.
C. Approved renewal of cooperative purchasing agreement between State of Minnesota and
City of Richfield for five year period S.R. No. 125
D. Approved itinerant place of amusement and itinerant food licenses for Church of St. Peter's
annual Fall Festival on October 2 and 3, 2004 S.R. No. 126
E. Approved bid minutes/tabulation and award of contract to Shafer Contracting Company, Inc.
for Lyndale Avenue Reconstruction between 76th and 77th Streets in amount of
$1,812,866.70 S.R. No. 131.
Council Member Enger asked to remove Item 7B from the Consent Calendar and place it on
the regular agenda as Item 8A.
M/Sandahl, StEnger to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #8
78. Consideration of approval of first reading of ordinance amendment to Section
905 regarding multi-pet residence licenses and scheduling second reading for September
16,2004 S.R. No. 124
Council Member Enger requested the ordinance clearly state the maximum number of pets
on a property be decreased to five with a multi-pet residence license because the Staff Report
appeared confusing.
City Manager Orduno stated the ordinance will be reviewed and clarified prior to second
reading.
Council Member Sandahl referred to Sections 905.27 and 905.31 subd. 3a in the ordinance
that were fairly clear on the number of pets.
Council Member Enger asked about the licensing for a dog grooming service.
City Attorney Thomson referred to Section 905.01, subd. 3a regarding commercial kennel
license guidelines.
M/Enger, S/Rosenberg to approve first readinQ of an ordinance amendment to section 905,
which deals with multi-pet residence licenses and schedule a second readinQ of the ordinance
amendment for September 16. 2004.
Motion carried 5-0.
Item #9
Council Meeting Minutes
-5-
July 27,2004
Council Member Sandahl presented Staff Report No. 127 regarding a resolution and joint
powers agreement giving host city apprRv~Lto project refinancing by People Incorporated.
M/Rosenberg, S/Sandahl to close the public hearinQ.
Motion carried 5-0.
M/Sandahl, S/Council Member Rosenberg 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. 9490
RESOLUTION GIVING APPROVAL TO A PROJECT BY PEOPLE
INCORPORATED, UNDER MINNESOTA STATUTES, SECTIONS 469.152
THROUGH 469.165 AND APPROVING A JOINT POWERS AGREEMENT
75.
Motion carried 5-0. This resolution appears as Resolution No. 9490 in Resolution Book No.
Item #10
Council Member Rosenberg presented Staff Report No. 128 regarding a resolution
adopting special assessment roll for 2003 removal of diseased trees from private property.
M/Rosenberg, S/Sandahl to close the public hearinQ.
Motion carried 5-0.
Public Works Director Eastling said the letters of notification indicated an 8% interest rate,
but the correct rate is 4% as stated in the resolution.
Mayor Kirsch asked about the process for residents who are unable to pay for tree removal.
Public Works Director Eastling said there may be a process to assist in payment.
Council Member Enger asked about a program to help with dangerous tree removal.
City Manager Orduno said the cost can be assessed to the property.
M/Rosenberg, S/Enger 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. 9491
RESOLUTION ADOPTING ASSESSMENT
ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1,2003 THROUGH DECEMBER 31,2003
Motion carried 5-0. This resolution appears as Resolution No. 9491 in Resolution Book No.
75.
Council Meeting Minutes
-6-
July 27, 2004
Item #11
Council Member Ulrich presented Staff Report No. 129 regarding resolutions adopting
special assessment rolls for 2003 maintenance services and ordering current 2005 maintenance
services for 77th Street.
M/Ulrich, S/Rosenberg to close the public hearinq.
Motion carried 5-0.
Public Works Director Eastling reported Hilmer Hovelson, owner of 7720 Wentworth
Avenue, contacted staff today and asked the City Council know that he thinks the maintenance of
77th Street should be paid for by all Richfield residents, not just businesses in the district, because
everyone benefits from the beautification of the wall.
City Attorney Thomson explained that a change in an assessment district requires an
ordinance amendment and the benefit of the maintenance needs to be established.
Council Member Ulrich said the current process has worked well and it is true the whole
City benefits, but primarily those businesses immediately adjacent benefit.
M/Ulrich, S/Sandahl that the followinq resolutions be adopted. that they be spread in the
resolution book and that they be made part of these minutes:
RESOLUTION NO. 9492
RESOLUTION ADOPTING ASSESSMENT ON
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1 - DECEMBER 31, 2003
RESOLUTION
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2005
Public Works Director Eastling stated the City Council may want to consider removing the
Soo Line Railroad Company assessment ($451.36) because they no longer own the parcel along
the track.
M/Ulrich, StEnger to modify the previous motion to include revised resolutions that remove
the Soo Line Railroad Company assessment for 2003 and 2005.
Council Member Sandahl stated she disagreed with removing the Railroad because it is a
business and the land is more valuable.
Council Member Ulrich withdrew her first and second motions.
Council Meeting Minutes
-7-
July 27,2004
M/Ulrich, S/Enger 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. 9492
RESOLUTION ADOPTING ASSESSMENT ON
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1 - DECEMBER 31,2003
RESOLUTION
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2005
Motion carried 5-0. This resolution appears as Resolution No. 9492 in Resolution Book No.
75.
Council Member Ulrich presented Staff Report No. 130 regarding resolutions adopting
special assessment rolls for 2003 maintenance services and ordering current 2005 maintenance
services for Lyndale/HUB/Nicollet maintenance.
M/Ulrich, S/Sandahl to close the public hearino.
Motion carried 5-0.
M/Ulrich, S/Sandahl 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. 9493
RESOLUTION ADOPTING ASSESSMENT FOR
L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1 THROUGH DECEMBER 31,2003
RESOLUTION
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1 THROUGH DECEMBER 31, 2005
Council Member Sandahl asked about the proposed assessment for the nearly complete
City Bella since it includes residential and commercial properties.
Operations Superintendent Hughes explained the assessment is on the commercial square
footage only, no residential property is assessed.
Public Works Director Eastling said it is the City Council's discretion on how to handle
assessments on mixed use property.
Council Member Ulrich stated that if the assessment policy is changed to include residential
in the LHN; the 77th Street policy may also need to be reviewed.
Council Meeting Minutes
-8-
July 27, 2004
Public Works Director Eastling explained the LHN history including the determination that
the single residential and apartment buildings received no special benefit of the district. He added
the increased use of the area may be an issue.
City Attorney Thomson stated that if the City Council is to consider a classification change
or the area of the district for potential assessment, theresolution ordering the 2005 undertaking
should be laid over to a future City Council meeting.
Council Member Sandahl stated the new commercial areas share in the benefit so they
should share in the cost, but not extend the assessment to residential areas yet. She asked about
extending the assessment to the 66th Street/l-35W bridge area, but only residential properties are
there, no commercial.
Public Works Director Eastling explained that when the bridge improvements were made,
the LHN development fund bonds paid the costs. The maintenance cost ($4,000) is paid from the
Public Works budget.
Mayor Kirsch said the area is a gateway into the community that needs to be maintained
with costs spread along the corridor.
Council Member Enger asked about the cost per square foot for each business.
Operations Superintendent Hughes said the cost is approximately a penny and a half.
Council Member Enger suggested deferring the 2005 resolution and include the bridge and
City Bella commercial in the district.
Council Member Ulrich suggested residential be included. She asked if changing the LHN
district would require changing the 77th Street district.
City Attorney Thomson requested time to further review this matter before responding.
Mayor Kirsch asked about the maintenance of the 7600 block of Lyndale Avenue.
Public Works Director Eastling said the area is within the LHN district.
Council Member Ulrich withdrew her original motion.
M/Ulrich, S/Sandahl that the followino 2003 resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes and the resolution orderino undertakino
of current service proiect LHN maintenance January 1 throuoh December 31. 2005 be tabled to a
future City Council meetino:
RESOLUTION NO. 9493
RESOLUTION ADOPTING ASSESSMENT FOR
L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1 THROUGH DECEMBER 31, 2003
Motion carried 5-0. This resolution appears as Resolution No. 9493 in Resolution Book No.
75.
M/Ulrich, S/Enger to reconsider the resolution orderino the undertakino of current service
proiect 77th Street maintenance area Januarv 1 throuoh December 31. 2005.
Council Meeting Minutes
-9-
July 27,2004
Motion carried 5-0.
M/Sandahl, S/Enger to table the resolution orderino the undertakino of current service
proiect 77th Street maintenance area January 1 throuoh December 31. 2005 to a future meetino.
Motion carried 5-0.
Item #12
M/Rosenberg, S/Sandahl that the followino claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
TOTAL
$ 1,228,730.34
$ 500,932.47
$ 1,729,662.81
AlP Checks: 133222 - 133559
PAYROLL 39079 - 39224
Motion carried 5-0.
Item #13
The City Council meeting was adjourned by unanimou~ con~ent at s:rr" '()
Date Approved: Anll!!st 10. 2004 ~;;;Z;;6'~
Martin J. Kirs
Ma r
/l~ #.
{ f
c~~~oz ~
Recording Secretary
CITY OF RICHFIELD, MINNESOTA
Bid Opening
July 22, 2004
1:00 p.m.
2004 Lyndale Avenue Improvements
City Project 401-30-672
Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff
was called by Steve Devich, Acting City Clerk, who announced that the purpose of the
meeting was to receive, open and read aloud, bids for 2004 Lyndale Avenue
Improvements, City Project No. 401-30-672, as advertised in the official newspaper on
July 8, 2004 and the Construction Bulletin on July 2, and July 9, 2004.
Present:
Steve Devich, Acting City Clerk
Kristin Asher, Public Works Representative
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name/City Bid Security Total Bid Amount
Shafer Contracting Co. Inc. Provided $1,812,866.70
Thomas and Sons Construction, Provided $1,939,045.90
Inc.
The City Clerk announced that the bids would be tabulated and considered at the July
27, 2004 City Council Meeting.
~~
Nancy Gibbs City Clerk