03-25-03 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 25, 2003
The meeting was called to order by Mayor Kirsch at 6:38 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and
Sue Sandahl.
Staff Present:
Samantha Orduno, City Manager; Steven Devich, Administrative Services
Director; Jim Olson, Acting Public Works Director; Bruce Palmborg,
Community Development Director; Jim Topitzhofer, Recreation Services
Director; 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/Rosenberg, S/Ulrich to approve the minutes of Reaular City Council Meetina of March
11.2003.
Motion carried 5-0.
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March 25, 2003
Item #1
Amy Klobuchar, Hennepin County Attorney, provided an update on the past year's activities
and future goals including gun laws, white collar crimes, truancy and felony OWl. Ms. Klobuchar
introduced Andy Small, community prosecuting attorney, who is involved specifically with juveniles.
Council Member Ulrich asked Ms. Klobuchar how individuals unable to defend themselves are
affected by the funding crisis and proposed reductions in the public defender budget and in Legal Aid.
Ms. Klobuchar explained the impacts of reductions and how they will be procedurally
accommodated. She added that there is a hiring freeze on attorneys.
Council Member Ulrich stated she recently attended a Profiles in Learning meeting regarding
a study conducted by the Humphrey Institute that indicated the single most important factor in school
success is a student's attendance.
Mayor Kirsch announced the cable broadcasting of tonight's City Council meeting was
experiencing technical difficulties.
Item #2
Sally Parsons, Advisory Board of Health Chair and representative for the Tri-City Partners for
Healthy Youth and Communities, requested the City Council endorse the "Together We Stand" ad
campaign which urges parents and community leaders to take an active role in preventing underage
drinking and alcohol use in Richfield.
Council Member Rosenberg reviewed the background related to this program.
M/Rosenberg, S/Kirsch to approve and endorse the "Toaether We Stand" ad campaian for
2003 which uraes parents and community leaders to take an active role in preventina underaae
drinkina and alcohol use in the Richfield community.
Motion carried 5-0.
Item #3
Mayor Kirsch postponed the presentation regarding Richfield's Sister City, Heredia, Costa
Rica to the April 8, 2003 City Council meeting.
Item #4
Council Member Ulrich reported on the National League of Cities Conference she recently
attended in Washington, D.C. She also reported on the NOISE conference and meetings with
congressional delegates.
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March 25, 2003
Council Member Enger also attended the conferences and reported on discussions he had
regarding low frequency noise monitorin~. He said~i<;hfield is to seek support from Bloomington and
surrounding communities so Richfielcfj'~a()e5'hot appear selfish in airport noise mitigation. He added
that letters should be sent to the congressional delegation to have noise monitoring on 18th Avenue
and how it would benefit the metro area as well as the entire country. He suggested the monitoring
begin at least one year in advance of the North/South Runway opening to ensure an accurate before
and after reading.
Mr. Enger also reported on discussions regarding 1-494 funding and the Cedar Avenue
underpass and Lyndale Avenue Bridge reconstruction. He said Richfield needs to garner
Bloomington's support to increase the likelihood of funding and also indicate how many jobs would be
created and how the economy would be effected with the completion of these projects.
Council Member Sandahl announced the upcoming Richfield High School "Babes in Arms"
production.
Council Member Ulrich asked the City Council to consider a presentation from Ray Brown
from Washington, D.C. regarding the League of Women Voters support for Washington, D.C.
residents to vote. Ms. Ulrich stated she would prepare a letter inviting Mr. Brown to a future City
Council meeting.
The City Council supported receiving a presentation from Mr. Brown.
Council Member Rosenberg announced the opening of the Latino Community Resource
Center in Assumption Church on April 5. She stated the Richfield Community Council supports this
effort and that it is not funded by the City.
Item #5
M/Rosenberg, S/Sandahl to approve the aqenda.
Motion carried 5-0.
Item #6
A. Approved resolution amending Hennepin South Services Collaborative Agreement for
research, planning and coordination of human services and Family Services Collaborative
S. R. No. 67
RESOLUTION NO. 9318
RESOLUTION APPROVING AMENDED HENNEPIN SOUTH SERVICES
COLLABORATIVE AGREEMENT FOR RESEARCH, PLANNING AND
COORDINATION OF HUMAN SERVICES AND
FAMILY SERVICES COLLABORATIVE
This resolution appears as Resolution No. 9318 in Resolution Book No. 74.
B. Approved resolution confirming City Manager's appointment of Larry Emond and Glenn
Erickson as resident members of 2003 Local Board of Equalization S.R. No. 68
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March 25, 2003
RESOLUTION NO. 9319
RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF
TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION
This resolution appears as Resolution No. 9319 in Resolution Book No. 74.
C. Approved resolution calling for a public hearing by the City Council on May 13, 2003 on the
proposed adoption of the (1) Modification to the Redevelopment Plan for the Richfield
Redevelopment Project Area; (2) Modification to the Tax Increment Financing Plan for the
Interstate-Lyndale-Nicollet (ILN) Tax Increment Financing District; and (3) Modification to the
Tax Increment Financing Plan for the Lyndale Gateway West Tax Increment Financing
District; all relating to the Cornerstone Redevelopment Project S.R. No. 69
RESOLUTION NO. 9320
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RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY
COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO
THE REDEVELOPMENT PLAN FOR THE RICHFIELD
REDEVELOPMENT PROJECT AREA; THE PROPOSED ADOPTION OF
A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR
THE INTERSTATE-L YNDALE-NICOLLET TAX INCREMENT
FINANCING DISTRICT; AND THE PROPOSED ADOPTION OF A
MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR
THE LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICT
This resolution appears as Resolution No. 9320 in Resolution Slook No. 74.
~b. Approved first reading of a transitory ordinance reallocating $14,342.61 from Pleasant Avenue
Bike Trail Segments Project to Micro-Plane 76th Street Project and scheduled public hearing
and second reading for April 22, 2003 S.R. 70
E. Removed from the consent calendar for discussion at a future City Council worksession.
F. Approved Consent of Termination of Declaration of Open-Space Covenants and Easements
for Lot 17, Block 3, "Fairwood Shores" within City Bella Project S.R. 72
G. Approved soliciting requests for proposals for professional engineering services for design of
new Lyndale Avenue Bridge at 1-494 S.R. No. 73
H. Approved itinerant place of amusement license for Galyan's Road to Adventure event, 1700
West 78t Street, on May 30,2003 S.R. No. 74
Mayor Kirsch removed Item E stating it would be discussed at a future City Council
Worksession.
M/Rosenberg, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0. (Council Member Ulrich abstained from voting on Item C because of a
conflict of interest.)
Item #7
None.
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March 25, 2003
Item #8
Mayor Kirsch presented Staff Report No. 75 regarding consideration of a second reading of
a transitory ordinance authorizing the sale of city-owned property at 6309 Bryant Avenue South to
Housing and Redevelopment Authority (HRA) for single family new construction.
M/Rosenberg, S/Sandahl to close the public hearina.
Motion passed 5-0.
Council Member Sandahl stated a resident expressed concern regarding the purchase
price of $120,000 for this property, so she reviewed the comparables and appraisals and
determined the price was not out of line. She added that $90,000 was from CDBG (HRA) funds
and $30,000 was Twin City Habitat funds. She expressed support for the building of this Habitat
for Humanity home and the resulting increase in tax base.
M/Kirsch, S/Rosenberg that this constitutes the Second Readina of Bill No. 2003-4,
Transitory Ordinance No. 18.20 authorizina the sale of city-owned property at 6309 Bryant Avenue
South to the Housina and Redevelopment Authority for sinale family new construction. that it be
published in the official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item #9
Council Member Ulrich presented Staff Report No. 76 regarding a resolution approving a
conditional use permit to allow Richfield-Bloomington Credit Union to proYide drive-up window
teller service at 345-77th Street East.
M/Rosenberg, S/Sandahl to close the public hearina.
Motion carried 5-0.
M/Ulrich, S/Rosenberg 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. 9321
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR
DRIVE-UP WINDOW AND TELLER SERVICE AT
345-77TH STREET EAST
Motion carried 5-0. This resolution appears as Resolution No. 9321 in Resolution Book No.
74.
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March 25,2003
Item #10
Council Member Sandahl presented Staff Report No. 77 regarding consideration of a
second reading of a transitory ordinance providing for expenditure of funds from the Special
Revenue Fund for certain capital improvements (continued from March 11, 2003). She reviewed
the transitory ordinance allocations and explained the proposed changes related to funding for City
Hall maintenance and repair issues.
Ms. Sandahl recommended the following revised allocations:
. Park Maintenance
. Community Center Renovation
. Wood Lake Roof
. Outdoor Pool Renovation
. City Hall Repair/Maintenance
$ 1 ,500
85,000
45,000
214,000
154,500
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 5-0.
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Council Member Sandahl stated a City Council Worksession was held on March 20, 2003
to discuss maintenance issues at City Hall, including the HVAC system, leaky roof, Public Safety
elevator, the presence of mold in the building, and ADA requirements. She said the items to be
delayed to provide City Hall funding are Wood Lake Nature Center fence, new playfeatures at
Richfield Lake Park and a new Taft Park shelter roof. She added that health and safety impacts
should be considered before recreational needs.
Council Member Ulrich stated she was very disheartened to spend money on City Hall
when a new City Hall should be considered. She said at some point the patching needs to stop
and a new building built. She added that the current location of the building is not appropriate
because it is in a residential area. Ms. Ulrich requested the minutes reflect that she very, very
reluctantly supports the revised transitory ordinance.
Mayor Kirsch asked if Richfield 2020 included the construction of a new City Hall. He
suggested a resident group be created to review the possible construction of a new City Hall.
Ms. Orduno stated Richfield 2040 did identify the needs of City Hall, but it was not a priority.
Council Member Sandahl expressed support for the community to review this issue.
Council Member Enger concurred that a new City Hall is needed -- the sooner the better.
He stated funding needed to be s~t aside as soon as possible so in 5-8-10 years, a new City Hall
could be built.
Mr. Enger asked if the roof at Taft Park shelter was leaking.
Jim Topitzhofer, Recreation Services Director, said yes, but no one is inside the building
long term and he supported the assessment of funding priorities.
Council Member Enger suggested Mr. Topitzhofer contact a company in Savage that has a
product to coat the roof which may temporarily stop the leaking.
Mr. Enger asked if the old playfeatures at Richfield Lake were removed yet, and if not,
could their removal be delayed one or two years. He expressed support for the funding allocation
for City Hall repairs.
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March 25, 2003
Mr. Topitzhofer said the playfeatures will be removed in the spring and that it was not safe
for them to remain any long r.
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Ms. Orduno said the proposed City Hall funding will be applied to the HV AC system but it is
not sufficient to cover the entire cost. She added the Public Safety elevator will be funded from
other sources.
Ms. Orduno stated that no substantial maintenance of City Hall was performed in 40 years
because long ago, past City Councils recommended these improvements be removed from the
budget.
M/Sandahl, S/Rosenberg to approve the amended transitory ordinance and that this
constitutes the Second Reading of Bill No. 2003-5. Transitory Ordinance No. 18.21 providing for
the expenditure of funds from the Special Revenue Fund for certain capital improvements. that it
be published in the official newspaper and that it be made part of these minutes. .
Motion carried 5-0.
Item #11
Council Member Rosenberg presented Staff Report No. 78 regarding consideration of a
second reading of an ordinance amendment to Richfield City Zoning Code Section 820.05
regarding legal notice requirements for vacating public right-of-way (continued from March 11,
2003).
Council Member Sandahl stated support for this amendment because it eliminated a
duplication in efforts and a mailed notice was more effective.
M/Rosenberg,S/Ulrich that this constitutes the second reading of Bill No. 2003-6, to
approve the amendment to Richfield City Zoning Code Section 820.05 regarding legal notice
reauirements for vacating public right-of-wav. that it be published in the official newspaper and that
it be made part of these minutes.
Motion carried 5-0.
Item #12
Council Member Rosenberg presented Staff Report No. 79 regarding a resolution
approving provisions of the 2003 Labor Agreement with Law Enforcement Labor Services Local
123.
M/Rosenberg, StEnger that the following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
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March 25, 2003
RESOLUTION NO. 9322
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 123
BARGAINING UNIT FOR THE YEAR 2003
Motion carried 5-0. This resolution appears as Resolution No. 9322 in Resolution Book No.
74.
Item #13
Council Member Sandahl presented Staff Report No. 80 regarding a resolution regarding
the Storm Water Utility Fee Credit Policy.
Council Member Ulrich stated ponding does become an issue with developments and
amenities need to be protected. She added that this issue needs to be closely monitored for east
side developments.
Council Member Sandahl stated the Best Buy Campus ponding is an amenity to Best Buy
and the City.
M/Sandahl, SI Rosenberg 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. 9323
RESOLUTION ADOPTING A STORM WATER UTILITY FEE CREDIT POLICY
Motion carried 5-0. This resolution appears as Resolution No. 9323 in Resolution Book No.
74.
Item #14
Council Member Ulrich presented Staff Report No. 81 regarding consideration of Richfield's
Storm Water Pollution Prevention Program as required for compliance with the National Pollution
Discharge Elimination System Phase II Permit.
M/Ulrich, S/Enger to approve the Storm Water Pollution Prevention Proaram for the City of
Richfield as required under the NPDES Phase II Permit.
Motion passed 5-0.
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March 25, 2003
Item #15
Council Member Enger presented Staff Report No. 82 regarding consideration of a first
reading of an amendment to Richfield Nuisance Ordinance, Subsection 925.01, Subd. 4 by adding
language to prohibit placement by humans or erosion of leaves, lawn clippings or soil in natural
waterway or public street, street drain, gutter or ditch and scheduling a public hearing and second
reading for April 22, 2003.
Mr. Enger reminded residents of the City ordinance prohibiting the use of phosphorus
fertilizer.
M/Enger, S/Rosenberg to approve the first readina of an amendment to the Citv Code.
Subsection 925.01 and schedule a public hearina and second readina for April 22. 2003.
Motion passed 5-0.
None.
M/Rosenberg, S/Sandahl that the followina claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
AlP Checks: 122816 - 123149
PAYROLL 34683 - 34808
TOTAL
$ 999,588.92
$ 449,891.46
$ 1,449,480.38
Motion carried 5-0.
Council Member Ulrich requested the City Council consider writing a response to Hennepin
County Judge Kevin Burke regarding his letter and the proposed judiciary budget reductions. She
added that justice delayed is justice denied.
The City Council supported Council Member Ulrich preparing a response to Judge Burke.
The Regular City Council meeting was adjourned by unanimous consent at 8:07 p.m.
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March 25, 2003
Date Approved: April 8 , 2003
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Cheryl K urn Iz
Recording Secretary