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05-27-03 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting May 27, 2003 The meeting was called to order by Mayor Kirsch at 6:34 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and Sue Sandahl. Staff Present: Samantha Orduno, City Manager; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. No onewas registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Ulrich, S/Rosenberg to approve the minutes of (1) Special City Council Meetinq of May 13, 2003 and (2) Reqular City Council Meetinq of May 13, 2003. Motion carried 5-0. Item #1 Council Meeting Minutes -2- May 27, 2003 Council Member Sandahl read and presented a proclamation designating May 26 - 30, 2003 as Small Business Week in Richfield to Marv Bjugan, Chamber of Commerce Chair. Mr. Bjugan acknowledged this year's Salute to Small Business award recipients: . Dave and Eliisa Reinert - McDonald's . Brad and Cheryl Rynerson - Rynerson Electric Item #2 Council Member Rosenberg read the proclamation designating June 2003 as Arbor Month in Richfield. Item #3 Council Member Rosenberg explained that "Hats Off to Hometown Hits" is an opportunity to discuss the positive aspects of Richfield. Council Member Rosenberg acknowledged the efforts of Tom Rublein related to the formation of the new Arts Commission and Celebrations Commission. Council Member Ulrich acknowledged the Your Schools newsletter's recognition of former Richfield Mayor John Hamilton for his efforts with the Work Experience Program and students. Mayor Kirsch stated Council Members Sandahl and Ulrich and he participated in the groundbreaking and cornerstone laying at the Academy of Holy Angels. Council Member Sandahl acknowledged the attendance at tonight's meeting of Richfield school teacher Nel Swanson and some of her students. Council Member Rosenberg announced the June 21 Richfield Beautiful Home and Garden Tour. Council Member Ulrich reported on a recent Hennepin County Prevention Resource Center meeting regarding parents listening to children. Council Member Ulrich reported on a recent Noise Abatement Council meeting regarding air travel forecasts. Council Member Ulrich reported on the recent MAC Noise Oversight Committee meeting regarding noise contours. She stated the MAC will continue the 1996 sound insulation program. Item #4 M/Rosenberg, S/Sandahl to approve the aaenda. Motion carried 5-0. '~'.'J;.;}-"4'JfF+:~;?<'''~l:;'''~ . Council Meeting Minutes -3- May 27, 2003 Item #5 A. Approved new motor vehicle dealer license for Interstate Auto Group, Inc. d/b/a CarHop Auto Sales & Finance, 6529 Penn Avenue, with stipulation that new temporary conditional use permit approved by City Council on June 24,2003 S.R. No. 118 Council Member Rosenberg asked the applicant why he believes his business will be successful in this location when many others have failed. Don Griffin, applicant, stated CarHop has been in business a long time and has two other locations in the Twin Cities. M/Sandahl, S/Ulrich to approve the Consent Calendar. Motion carried 5-0 Item #6 None. Item #7 Council Member Ulrich presented Staff Report No. 119 regarding a second reading of a transitory ordinance vacating public right-of-way in the 6500 block of Xerxes Avenue. John Sieberz, 6434 Washburn Avenue, expressed concerns regarding traffic flow problems with the merging of Xerxes/York Avenues and 65th Street and difficult pedestrian crossing. He asked if Richfield could control traffic flow in this area. Public Works Director Eastling stated this area is a difficult configuration for drivers and all involved jurisdictions (Richfield, Edina and Hennepin County) are interested in making the area safer. He added the City Council will review any changes for the area. Lee Hoffman, applicant, Madison-Marquette Realty, explained the proposed parking lot, ingress and egress changes on York Avenue and 66th Street. He explained the process involving the City of Edina. Mr. Hoffman said the ultimate review of the parking and traffic study conducted by Parsons Transportation will return to the City Council for approval. He said the Richfield City Council needs to approve this vacation in order to proceed with the development with the City of Edina. Mayor Kirsch stated Richfield will have the parking lot and Edina will have the retail development. Mr. Hoffman stated Hennepin County will only allow signalization at Xerxes Avenue/66th Street. He added there will be a continuity of the pedestrian sidewalk in the new development. Council Meeting Minutes -4- May 27, 2003 City Attorney Thompson explained the changes that should be made in the ordinance before the City Council, including effective dates of the ordinance, Richfield's conditional approval upon the City of Edina vacating the westerly half of Xerxes Avenue and publication dates. Ms. Thomson stated the following: The only change to the ordinance is to add a new section 9 and to renumber the existing section 9 as section 10. The new section 9 should read: This ordinance is adopted contingent upon the vacation of the westerly half of Xerxes Avenue by the City of Edina. The city clerk is directed not to publish this ordinance until the Edina City Council has approved the vacation of the westerly half of Xerxes Avenue. Ms. Thomson stated that after the Edina City Council approves this vacation, the City Council could approve a resolution authorizing a summary publication of the ordinance due to the length of the ordinance itself and the associated costs to publish in the newspaper. Ms. Thomson said the City Council could approve the amended ordinance tonight. MtRosenberg, StEnger to close the public hearinq. Motion carried 5-0. Council Member Sandahl suggested the City's new "Blending Spaces" work group could be involved in the landscaping of this area. Council Member Enger asked about a discrepancy in the maps designating the area to be vacated. City Attorney Thomson explained that one map indicates the dividing line of the area Hennepin County needs to define for their alignment. MtUlrich, StEnger that this constitutes the second readinq of Bill No. 2003-9, Transitorv Ordinance 18.23 vacatinq the public riqht-of-wav in the 6500 block of Xerxes Avenue as amended. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #8 Council Member Sandahl presented Staff Report No. 120 regarding a second reading of a Franchise Ordinance and Agreement with CenterpoinUMinnegasco allowing and setting terms for Centerpoint's use of City right-of-way. Connie Hargest, CenterpoinUMinnegasco representative, explained the service provided to the City and thanked the City staff for their administrative work on the ordinance. She also thanked the City Council for permitting Centerpoint service to remain in Richfield. MtUlrich, StRosenberg to close the public hearinq. Motion carried 5-0. Council Meeting Minutes -5- May 27,2003 MtSandahl, StEnger that this constitutes the second readina of Bill No. 2003-10 the Franchise Ordinance and Aareement ~~tween the City of Richfield and CenterpointtMinneaasco. 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 Rosenberg presented Staff Report No. 121 regarding consideration of a special request for a sign of unusual height or location for a new scoreboard sign with advertising panels at Donaldson Park and waiving the required application fee for making a special request to the City Council. MtRosenberg, StSandahl to approve the requested scoreboard sian with advertisina panels for Donaldson Park. Larry Zielke, ad hoc organizational group representative, spoke in support of the new enhanced scoreboard sign because it is a new amenity to the park. He stated Best Buy, a for- profit organization, has also contributed financially to the sign. Council Member Ulrich asked about what would be displayed on the advertising panels and if the City would control what is advertised. Recreation Services Director Topitzhofer and Mr. Zielke said the donors will be acknowledged on the advertising panels. Council Member Ulrich said she has no problem with acknowledging the donors, but it is important that the City control the type of advertising displayed. Recreation Services Director Topitzhofer stated the advertising panels are dedicated to the donors and there won't be any future requests from other companies. Mr. Zielke said that once the panels are up, it will be cost prohibitive to change them. City Attorney Thomson stated the scoreboard is on City property, so the City would have control of the advertising. Motion carried 5-0. MtRosenberg, StEnger to waive the required application fee for makina a special request to the City Council. Council Member Sandahl stated she was trying to justify waiving the fee for this particular non-profit especially in light of the current budget restraints. She said the only reason to waive the fee may be that the new scoreboard sign is an improvement on public property. Council Member Enger stated the new scoreboard is a tremendous benefit for this public property. Council Meeting Minutes -6- May 27, 2003 Council Member Sandahl stated the installation is at no cost to the City. Motion carried 4-1. (Ulrich opposed.) Council Member Ulrich stated there should be a charge for everything and she was not in a position to make an exception. Item #10 Council Member Enger presented Staff Report No. 122 regarding consideration of bids and award of contract to Hamline Construction, Inc. for remodeling the Richfield Community Center in the amount of $306,250. Council Member Ulrich stated support for the remodeling especially in the kitchen, but reluctance to vote for the total budget of $408,000 because it was putting money into an old building when a new recreation center was needed. She added that there appeared to be no alternative, however. M/Enger, S/Rosenberg to accept bids and award the contract to Hamline Construction. Inc. in the amount of $306.250 for the remodelina of the Richfield Community Center. Motion carried 5-0. Item #11 Mayor Kirsch presented Staff Report No. 123 regarding consideration of a City Council Member liaison appointment to the Transportation Committee. Council Member Ulrich suggested Council Member Sandahl be appointed to the Transportation Committee as the City Council liaison because she serves on several transportation committees and could provide valuable input to the group. M/Ulrich, S/Kirsch to appoint Council Member Sandahl as liaison to the Transportation Committee. Motion carried 5-0. The City Council requested the City Manager report be presented prior to Item 12 because Council Member Ulrich will leave the meeting when that item is discussed due to a personal conflict of interest in the Lyndale Gateway West area. Council Meeting Minutes -7- May 27,2003 City Manager Orduno reported on the legislative agreement regarding the tax bill. She explained the loss of LGA impacts on)~iR,tJfield for 2003 and 2004. She added the impacts weren't as bad as expected. ' . City Manager Orduno referenced a May 16 Star Tribune article, "Cities face big drop in redevelopment funds" that listed Richfield. She stated the headline was misleading because Richfield's TIF Districts are in fine shape and will not be raising taxes. The City Council directed the City Manager to contact the Star Tribune and request a correction. Item #12 Council Member Ulrich left the meeting at 8:10 p.m. because of a personal conflict of interest related to this item. Council Member Sandahl presented Staff Report No. 124 regarding a resolution ratifying HRA Resolution No. 896 authorizing an internal loan for Lyndale Gateway West Redevelopment Project. Council Member Sandahl explained the Interstate-Lyndale-Nicollet (ILN) interfund loan sources of funding. M/Sandahl, 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. 9340 RESOLUTION AUTHORIZING RESOLUTION APPROVING HRA RESOLUTION NO. 896, REGARDING AN INTERFUND LOAN FOR THE L YNDALE GATEWAY WEST REDEVELOPMENT PROJECT Motion carried 4-0. This resolution appears as Resolution No. 9340 in Resolution Book No. 74. M/Rosenberg, S/Sandahl that the followinq claims and payrolls be approved: RICHFIELD BANK & TRUST CO. NP Checks: 124217 - 124521 PAYROLL 35042 - 35271 TOTAL $ 995,085.27 $ 433,629.67 $ 1,428,714.94 Motion carried 4-0. 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