02-11-03 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 11, 2003
The meeting was called to order by Mayor Kirsch at 6:30 p.m.
Susan Rosenberg.
Samantha Orduno, City Manager; Steven Devich, Administrative Services
Director; Mike Eastling, Public Works Director; Bruce Palm borg,
Community Development Manager; Dan Scott, Public Safety Director; Jim
Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager;
Tom Foley, Transportation Engineer; Bruce Nordquist, Housing and
Redevelopment Manager; Cheryl Krumholz, Recording Secretary; and
Corrine Thomson, City Attorney.
M/Kirsch, S/Sandahl to determine the absence of Council Member Rosenbera from the
February 11. 2003 Special City Council Worksession and the February 11. 2003 Reaular City
Council Meetina as excused absences.
Members Present:
Members
Not Present:
Staff Present:
Martin Kirsch, Mayor; Gertrude Ulrich; John Enger; and Sue Sandahl.
Motion carried 4-0.
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
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February 11, 2003
Council Member Sandahl amended the January 25 Special City Council meeting minutes to
reflect she did attend the Remodeling Fair.
M/Ulrich, S/Sandahl to approve the minutes of (1) Special Citv Council Worksession of
January 24. 2003: (2) Special City Council MeetinQ of January 25. 2003 as amended: (3) Special
City Council MeetinQ of January 28. 2003: and (4) ReQular City Council MeetinQ of January 28.
2003. >.
Motion carried 4-0.
Item #1
Public Safety Director Scott presented the Richfield Police Officer of the Year Award to
Matthew Steen.
Item #2
John Dillery, Metro Transit Planner, presented the Central-South Metro Transit Concept Plan,
including objectives, area statistics, and timeline to modify the plan.
Mr. Dillery explained the Park and Ride and express service planned for the southern edge of
the Best Buy Campus near Penn Avenue and 1-494. He said the changes proposed for Richfield are
expected in fall 2004. He added that Metro Transit is seeking a letter of support from the City Council
for the proposed Metro Transit changes.
M/Kirsch, S/Sandahl to submit a letter of support from the Richfield City Council for the
proposed Central-South Metro Transit Concept Plan includinQ the comments attached to the Staff
Report.
Council Member Sandahl stated the current intermittent Metro Transit service on Lyndale
Avenue will be improved with this plan.
Council Member Ulrich asked if the current Park and Ride at 76th Street and Oliver Avenue
would be moved to the proposed Park and Ride on the southern edge of the Best Buy Campus.
Mr. Dillery said yes.
Council Member Ulrich asked for an explanation for the routes from 76th Street and Penn
Avenue to the IDS Tower in downtown Minneapolis and from 76th Street and Penn Avenue to the
University of Minnesota Campus.
Mr. Dillery explained the two routes.
Council Member Ulrich said the travel time from 76th Street and Penn Avenue to the IDS is
much less by bus than by car when parking time is included. She stated dissatisfaction with the 76th
Street and Penn Avenue to the University of Minnesota route because of the considerable amount of
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February 11, 2003
travel time which may result in students.priyiry9, to the University, an additional expense especially
with the financial cutbacks at the University;<:
Mr. Dillery said that if a more direct route to the University of Minnesota was to be included in
the plan, more enhancements would need to be deferred because of costs.
Council Member Enger asked about the bus stops between 76th Street and Penn Avenue and
1-35W.
Mr. Dillery explained the bus stops, including an express route. He said the Crosstown route
would service the east side of 1-35W.
Council Member Sandahl asked where the bus shelter on 1-35W and 66th Street will be
located.
Mr. Dillery said on the exit ramps.
Council Member Sandahl asked about a bus stop on the 76th Street entrance ramp going
north on 1-35W for those living east of the freeway.
Mr. Dillery said he believed it would not be physically or safely possible.
Council Member Enger requested the letter of support to Metro Transit address the issue
regarding the 76th Street ramp onto northbound 1-35W.
City Manager Orduno said the letter of support approving the Central-South Metro Transit
Concept Plan could include the condition that the express bus route using the northbound 76th Street
entrance ramp onto 1-35W is temporary and subject to change or elimination depending upon future
actions involving the 76th Street ramp; suggested alternatives to that route; and recognition that the
City is committed to saving the homes on Humboldt and Girard Avenues.
Mayor Kirsch asked if the commElnts attached to the Staff Report include the 76th Street ramp
issue.
Public Works Director Eastling said the comments do not reference the 76th Street ramp.
Council Member Enger stated the City Council needs to try to maintain the homes on
Humboldt Avenue which may involve the 76th Street ramp closure. He said the letter needs to
specifically address that issue to eliminate ramp widening.
Council Member Enger asked if other than express buses stop at the 76th Street ramp.
Mr. Dillery said yes.
Council Member Sandahl acknowledged Ken Meter's letter regarding concerns allowing the
express bus to use the 76th Street ramp now. She said she is unprepared to state buses should not
be using that ramp at the current time because it benefits the majority of citizens and the proposed 1-
494 widening plan is 10 years into the future. She added that if 1-494 is widened and ramps adjusted,
all bus routes will be changed.
Council Member Sandahl recommended an amendment to the original motion to include the
concerns regarding the express route using the 76th Street ramp as stated by the City Manager.
Mayor Kirsch agreed to the amended motion and expressed commitment to saving homes.
M/Kirsch, S/Sandahl to submit a letter of support from the Richfield Citv Council for the
proposed Central-South Metro Transit Concept Plan includina the comments attached to the Staff
Report. and also include the concerns reqardinq the express route usinq the 76th Street ramp as
stated bv the City Manaaer.
Public Works Director Eastling discussed the bus rapid transit concept. He said the creation
of a Transportation Committee could discuss issues on all transit.
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February 11, 2003
Motion carried 4-0.
Item #3
Karen Shragg, Wood Lake Nature Center Manager, provided a report on the Wood Lake
Nature Center being the recipient of a $22,000 grant from the Best Buy Children's Foundation
Endowment. She explained how the grant would be used at the nature center.
Council Member Sandahl provided an update on the 1-35W Solutions Alliance comments
regarding the "Sector 5 Concept Plan Central-South Metro". She stated the Alliance heard a
presentation regarding Sector 5 and will be sending a letter supported with comments related to
specific areas. She said R~chfiEi"ld, 9~ an Alliance M~mber, will also be signing and supporting this
letter. . .
Council Member Ulrich reported on the 2003 Public Finance Seminar sponsored by Ehlers,
Inc. that she and Council Member Sandahl recently attended.
Council Member Ulrich referenced a recent article in the Star Tribune related to attached
housing and that a new era of housing is being entered.
Council Member Ulrich stated that she has volunteered to serve on a committee the State
Auditor is forming to assist in establishing uniformity in tax increment financing.
Council Member Sandahl commented that with the potential loss of local government aid,
alternative, creative methods of financing need to be considered.
Item #4
M/Ulrich, S/Sandahl to approve the aqenda.
Motion carried 4-0.
Item #5
A. Approved first reading of ordinance amendment to Richfield City Zoning Code Section
820.05 regarding legal notice requirements for vacating public right-of-way S.R. No. 32
B. Approved first reading of transitory ordinance providing expenditure of funds from Special
Revenue Fund for certain capital improvements and schedule public hearing and second
reading for March 11, 2003 S.R. No. 33
C. Approved stipulation of settlement on Parcel 7.of 76th Street Widening Project between City,
HRA and Meyers (owners) S.R. No. 34
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February 11, 2003
D. Approved resolution regarding",9JW\of'.Richti~l,dEmergency Response Plan to aid City in
mitigation, preparedness, resp'dnse and recovery from any type of disaster S.R. No. 35
RESOLUTION NO. 9300
RESOLUTION APPROVING THE 2003 EMERGENCY RESPONSE PLAN FOR THE CITY OF
RICHFIELD AND AUTHORIZING STAFF TO CONTINUE TO UPDATE AS NECESSARY TO
MAINTAIN AN ACCURATE, UP-TO-DATE PLAN
This resolution appears as Resolution No. 9300 in Resolution Book No. 74.
E. Approved resolution authorizing City of Richfield application for 2003 Municipal Recycling
Grant from Hennepin County S. R. No. 36
RESOLUTION NO. 9301
RESOLUTION AUTHORIZING SUBMITTAL OF THE MUNICIPAL GRANT APPLICATION FOR
2003 HENNEPIN COUNTY RESIDENTIAL RECYCLING PROGRAM AND THE SIGNING OF THE
2003 MUNICIPAL RECYCLING PROGRAM CONTRACT.
This resolution appears as Resolution No. 9301 in Resolution Book No. 74.
F. Approved award of contract to Oertel Architects for architectural services including plans,
specifications, bidding documents and construction management for remodeling of Richfield
Community Center in amount not to exceed 10% of total project cost S. R. No. 37
M/Sandahl, S/Ulrich to approve the Consent Calendar.
Motion carried 4-0.
Item #6
None.
Item #7
Mayor Kirsch presented Staff Report No. 38 regarding a resolution regarding a preliminary
plat for the City Bella redevelopment project by the Gramercy Corporation. He explained a revised
resolution was distributed to the City Council tonight, because the new resolution (and the plat
drawing): '
. Removes all references to "gramercy club at"
. The updated plat shows the legal description as
-Lot 1, Block 1, City Bella
-Lot 2, Block 1, City Bella
. The northeast boundary line of Lot 2, Block 1, City Bella will now be at the centerline on
vacated Auto Lane. Thus, Lake Shore Drive Condominium will receive half of the
vacated right of way.
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February 11, 2003
Mike Conlan, Gramercy Corporation, provided an update on construction, marketing efforts,
and eminent domain proceedings which are non-adversarial.
M/Sandahl, S/Ulrich to close the public hearino.
Motion carried 4-0.
M/Kirsch, S/Sandahl that the followino resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9302
RESOLUTION GRANTING PRELIMINARY APPROVAL OF A
SUBDIVISION CITY BELLA
Motion carried 4-0. This resolution appears as Resolution No. 9302 in Resolution Book No.
74.
Item #8
Council Member Enger presented Staff Report No. 39 regarding a second reading of a
transitory ordinance authorizing the sale of City owned property at 6945 Clinton Avenue to HRA for
rehabilitation.
M/Sandahl, S/Enger to close the public hearino.
Motion carried 4-0.
M/Enger, S/Sandahl that this constitutes the Second Readino of Bill No. 2003-2. Transitorv
Ordinance No. 18.19 authorizino the sale of city-owned property at 6945 Clinton Avenue South to
the Housino and Redevelopment Authority for rehabilitati?n..that it be published in the official
newspaper and, that it be made part of these minutes. ., .
Motion carried 4-0.
Item #9
Council Member Enger presented Staff Report No. 40 regarding a second reading of an
amendment to the City Administrative Code Section 310.31, Subd. 1 describing holidays granted to
eligible full time employees.
M/Ulrich, S/Sandahl that this constitutes the Second Readino of Bill No. 2003-3 amendino
the City Administrative Code Section 310.31. Subd. 1 providino holiday leave for elioible full time
emplovees. that it be published in the official newspaper and that it be made part of these minutes.
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February 11, 2003
Council Member Enger statedh~;9idnot support this amendment based upon differing
religious beliefs among the diverse community and staff; . He said that staff should not be forced to
take days off when associated with religious holidays. He said the two City Manager designated
holidays should be floating holidays used at the employees' discretion.
Council Member Sandahl stated respect for other religious beliefs, but is confident the City
Manager will respect those beliefs and will consider the best needs of the community and City staff
in determining additional designated holidays.
Motion carried 3-1. (Enger opposed.)
Item #10
Council Member Sandahl presented Staff Report No. 41 regarding disciplinary hearings and
consideration of resolutions regarding civil enforcement for alcohol establishments in Richfield that
recently underwent alcohol compliance checks conducted by Richfield Public Safety staff and
failed by selling alcohol to underage youth.
Oasis Market - 6300 Lyndale Avenue - Bill Downing, Sales Manager, admitted the violation
occurred and stipulated to the suspension and civil penalty.
Council Member Enger suggested Mr. Downing contact the Richfield municipal liquor store
manager regarding their identification scanning system.
M/Sandahl, S/Enger that the followina resolution be adopted, that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9305
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR
LICENSE FOR OASIS MARKET, 6300 L YNDALE AVENUE SOUTH, AND IMPOSING A CIVIL
PENALTY FOR A SECOND TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 9305 in Resolution Book No.
74.
SuperAmerica - 826 West 66th Street - Tom Dodge, District Manager, and Patrick Rewerts,
Store Manager, admitted the violation occurred and stipulated to the suspension and civil penalty.
M/Sandahl, S/Enger that the followina resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9303
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR
LICENSE FOR SUPERAMERICA, 826 W. 66TH STREET, AND IMPOSING A CIVIL PENALTY
FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 9303 in Resolution Book No.
74.
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February 11, 2003
B & D's Convenience Plus - 813 East 66th Street - Dan Fligge, Co-owner, admitted the violation
occurred and stipulated to the suspension and civil penalty. Mr. Fligge stated the store is
discontinuing the sale of alcohol.
Council Member Enger commended Mr. Fligge's decision to discontinue alcohol sales
because it became one less place for potential alcohol sales to minors.
MtSandahl, StEnger that the followina resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9304
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR
LICENSE FOR B&D'S CONVENIENCE PLUS, 813 EAST 66TH STREET, AND IMPOSING A
CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 9304 in Resolution Book No.
74.
Item #11
Council Member Ulrich presented Staff Report No. 42 related to a resolution regarding
2002-2003 labor agreement with Richfi~ld Professional Firefighters Local 1215.
MtUlrich, StEnger that the followina resolution be adopted. that it be spread in the resolution
book and that it be made part of these minutes:
RESOLUTION NO. 9306
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
RICHFIELD PROFESSIONAL FIREFIGHTERS, LOCAL 1215
BARGAINING UNIT FOR THE YEARS 2002-2003
Motion carried 4-0. This resolution appears as Resolution No. 9306 in Resolution Book No.
74.
Council Member Enger asked about the affect on the contract related to the proposed
Legislation to freeze the wages of public employees.
City Manager Orduno stated there is no indication the Legislation will move forward, but if it
passes, the result will likely be labor disputes and lawsuits regarding enforceability.
Item #12
Council Member Sandahl presented Staff Report No. 43 regarding the purchase of 205
trees from Bachman's Nursery Wholesale Center in the amount of $19,304.19. She said the intent
of the additional tree plantings was to create a tree canopy along County roads which would give a
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February 11, 2003
feel to the roadways as boulevards not expressways. .... She added that with the current budget
constraints, this issue needs close review~!;i\'\""(' . .. ........ ..... .
Ms. Sandahl suggested replacing only the trees already lost to stay within the previously
budgeted $10,000, and defer more extensive planting. She said the program should not be
stopped all together because the City needs to plan for the future.
Mayor Kirsch asked if the funds were already budgeted.
Public Works Director Eastling said yes.
Council Member Sandahl asked for clarification on reductions in the forestry program.
Public Works Director Eastling stated alternative funding mechanisms are available for
forestry. He added that State Statute permits establishment of a forestry user fee.
Council Member Enger expressed support for proceeding with the $10,000 allocation to
replace lost trees, but deferring the extra plantings to the future. He said assessments should be
reviewed for the future, but not for this year.
Council Member Sandahl said alternative funding mechanisms for programs such as this
are necessary, because money that is raised with current real estate taxes does not even cover
the total cost of just police, fire and public works.
M/Sandahl, S/Enger to approve the purchase in the amount of $1 0,000 for replacement of
dead or diseased trees and defer the purchase of additional trees for plantina alona County roads.
Council Member Ulrich stated reluctant support for the motion.
Motion carried 4-0.
Item #13
Council Member Ulrich presented Staff Report No. 44 regarding modification to just
compensation award for 6626 18th Avenue; Airport Noise Acquisition Program.
M/Kirsch, S/Sandahl that the followina resolution be adopted, that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9299
RESOLUTION ESTABLISHING REVISED JUST COMPENSATION
AND AUTHORIZING PURCHASE OF REAL PROPERTY
LOCATED AT 6626 18TH AVENUE SOUTH
AIRPORT NOISE ACQUISITION PROGRAM
Motion carried 4-0. This resolution appears as Resolution No. 9299 in Resolution Book No.
74.
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February 11,2003
City Manager Orduno distributed the "Affordable Housing - Making it a Reality" report from
the Mayor's Regional Housing Task Force.
M/Enger, S/Ulrich that the followina claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
AlP Checks: 121847 -122155
PAYROLL 34261 - 34406
TOTAL
$ 782,007.92
$ 492,760.78
$ 1,274,768.70
Motion carried 4-0.
Council Member Ulrich requested the following meetings be posted as Special City Council
meetings:
. February 18, 6:00 p.m. - Annual Ri.chfield Foundation meeting - Wood Lake Nature
Center
. February 26, 7:30 a.m. - Concurrent Richfield Chamber of Commerce, Optimist's Club
and Rotary meeting -Old Country Buffet
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Recording Secretary
Date Approved: February 25, 2003