03-20-03 Worksession
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
March 20, 2003
The meeting was called to order by Mayor Kirsch at 5:33 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; Tom Foley, Acting Public Works Director; Chris Regis, Finance
Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City
Attorney.
Item #1
John Easterwood, Charter Commission President, summarized the preparation process
related to the proposed City Charter amendments. He requested the City Council discuss the
amendments to provide their comments and then the Charter Commission will review the
amendments again before making a formal recommendation to the City Council.
Mr. Easterwood stated the changes were made for a variety of reasons, including making the
Charter more user-friendly, removing conflicts between State Statute and case law and substantiative
changes requested by the Charter Commission and the City Council. He stated that Charter
amendments require unanimous approval of the City Council.
Mr. Easterwood reviewed each of the proposed Charter amendments:
. Sections 2.03 and 3.01 Elective Offices - Council Meetina
~ This change was made to conform to practices of other entities.
. Section 6.01 City Manaaer Residencv Reauirement
~ This change was made to eliminate conflicts with State Statute.
. Sections 3.05 Procedure on Ordinances; 4.07 Canvass of Elections; and 6.02 Director of
Public Safety Control
~ These changes are to make the Charter more user-friendly (3.05); conform to Statute
(4.07); and clarify Public Safety Department and Fire Services Department to be
consistent with practice. (6.02)
. Chapter 5 Initiative. Referendum and Recall
~ These changes were made to eliminate conflict with case law and to tighten up the
Initiative, Referendum and Recall process to ensure integrity and to build public
accountability. The petition format within the Charter may be revised to reflect how an
actual petition is to appear.
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March 20,2003
Florence Simon, Richfield League of Women Voters President, distributed the League of
Women Voters position related to Initiative and Referendum.
There was City Council consensus to support the League of Women Voters position on
Sections 5.0 and 5.05 and to also support stricter limits on filing a petition that are over and above the
State law requirements because if citizens feel strongly on an issue, asking for a greater effort in filing
a petition is not unreasonable.
Council Member Enger asked about the Offenses. Penaltv section.
City Attorney Thomson explained this section was added to clarify what is considered a
violation of the law.
Council Member Sandahl stated she supported the reference in this section that indicates
when Initiative/Referendum/Recall is not appropriate.
. Section 8.04 and 8.05 Requirements for Certain Capital Improvements
~ This section is proposed to be eliminated because it may have served its purpose at
the time, but it is the commission's general consensus that it is no longer helpful or
practical. It may have been implemented in reaction to an issue to place restrictions
on elected officials by non-elected people. The City Council and staff current practice
related to capital improvements is satisfactory.
Council Member Sandahl said these sections did not provide any additional information to the
public and added costs to the budget because more public hearing notices needed to be published.
City Attorney Thomson stated capital improvements are addressed through the City's budget
and CIB which is a public process.
Mr. Easterwood added there are multiple opportunities to review these improvements and
expenses.
. Chapter 7 Taxation - Finance
~ The proposed changes are to make the language more straight forward and reframed
to make more readable.
. Chapter 7.04 Board of Equalization
~ The proposed change would eliminate the formal process from the Charter and have
informal public meetings.
City Attorney Thomson stated there is a Statute process to eliminate the Local Board of
Equalization.
Administrative Services Director Devich said if the City Council chose to turn the Board of
Equalization process over to Hennepin County, it would be for a term of time and could be
reevaluated by the City Council to determine continuing or returning to the previous process. He
reviewed the current Board of Equalization process.
Council Member Ulrich said the board membership could eliminate the two resident members
because typically the City Council sits as the Board.
Mayor Kirsch supported the elimination of resident members because of the difficulty in finding
individuals to participate.
City Attorney Thomson stated the entire provision could be eliminated so the Charter would be
silent and Statute would be followed.
. Section 7.05 Preparation and Submission of Annual Budaet
~ This change reflects conducting public meetings instead of public hearings on the
budget because of the publication costs associated with public hearings.
City Manager Orduno explained the differences between public hearings and public meetings.
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March 20,2003
;' ..--.- -.,
Administrative Services Director D~iVigllexplained the Truth-in-Taxation process that
establishes Statute guidelines for preparingth~budget. He said this Truth-in-Taxation process would
remain in place. ii"',;'.;;"'..;::
City Attorney Thomson clarified that if State law specifies a schedule and procedure for the
adoption of the budget and levy of taxes that is different from that provided in the Charter, the
schedule and procedure in State law must be followed.
. Section 7.06 Subd. 2(iii) Capital Proaram
~ This section's proposed change clarifies the Planning Commission role.
Council Member Ulrich provided the historic background related to the Planning Commission's
involvement in the Capital Program.
City Attorney Thomson explained the Planning Commission role per Statute and stated this
section could be eliminated because Statute supercedes the Charter.
Council Member Ulrich stated the Charter should be as uncluttered and as basic as possible.
City Attorney Thomson clarified the proposed changes related to copying and distribution of
the budget.
The City Council thanked the League of Women Voters and Charter Commission for their
efforts in reviewing the City Charter.
The City Council and Mr. Easterwood thanked City Attorney Thomson for her work on the
Charter revisions.
Ms. Thomson left the Worksession following the discussion of this item.
Item #2
City Manager Orduno explained that at the February 11, 2003 City Council meeting, the first
reading of a transitory ordinance to use Special Revenue Funds was conducted and the pubic
hearing and second reading scheduled for March 11, 2003. One use of the Special Revenue Funds
was $100,000 for major park capital maintenance items, specifically, a new roof for a park building at
Taft Park, netting at Roosevelt Park and a new playfeature at Richfield Lake Park.
At the March 11, 3003 City Council meeting, the public hearing was opened and continued to
the March 25, 2003 City Council meeting.
The Council also scheduled this Worksession discussion of deferring the use of the Special
Revenue Funds for the park projects, and instead use the money toward the City Hall building and
the maintenance items that are in need of being addressed, including the City's compliance with ADA
requirements.
Ms. Orduno suggested proceeding with the netting at Roosevelt Park, but using the remaining
park maintenance funds for City Hall improvements, including a new roof and elevator. She added
that City Hall is in desperate need of repairs and if these funds are not used it may result in using
fund balance reserves. She said the State already considers the City's fund balance low and the
City's bond rating could be effected. Ms. Orduno requested the City Council consider at their March
25 City Council meeting, changing the ordinance to defer park maintenance funding to a City Hall
Repair Fund.
Council Member Enger asked when City Hall was built.
Ms. Orduno said 1966. She added no major remodeling has been done except the Public
Safety addition in 1981.
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March 20, 2003
Council Member Ulrich asked about selling the City Hall property and relocating but
understood the timing was bad.
Ms. Orduno said the property has value, but not the building. She added this location is ideal
for housing because of the park.
Council Member Enger asked about levying for a new City Hall.
Ms. Orduno said there is proposed legislation that severely restricts debt service and levies.
She said levying is not an option and repairs would need to be funded incrementally.
Item #3
City Manager Orduno discussed proposed elimination of services, seasonal staffing
reductions and park maintenance reductions. She stated a City Council Worksession would be held
in April or May to make budget reduction and service impact determinations.
Ms. Orduno discussed funding ($17,500) of Fourth of July fireworks, staff layoffs, Enterprise
Facilitation Program and implementation of gas and electric franchise fees.
Ms. Orduno stated there is a meeting with CenterPoint next week to discuss franchise fees.
She added this is a very controversial issue because it is a tax charged to residents for the
company's use of public right-of-way within the City. She explained some metro cities already have
the franchise fees in place and it is a revenue generator to the General Fund.
The City Council consensus was to discontinue funding the Fourth of July fireworks.
The City Council consensus was to reduce by one-half the City's funding of the Enterprise
Facilitation Program for 2003 with no guarantees for 2004 funding.
The meeting was adjourned by unanimous consent at 7:43 p.m.
Date Approved: April 8, 2003
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Recording Secretary