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07-22-03 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting July 22, 2003 The meeting was called to order by Mayor Kirsch at 6:30 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; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Kevin McGinty, Fire Services Director; Randy Hughes, Operations Superintendent; Ray Wroblewski, Forestry Inspector/Operations Assistant; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. Woody Duvlea, 7345 Lyndale Avenue, requested the City Council consider the importance of freeway access as part of the contract for the expansion of 1-494. Mayor Kirsch stated the Transportation Committee is working on these issues and the City Council will be kept advised. Elaine Bergquist, 7429 Humboldt Avenue, asked for clarification on the street markings near her home because it appears to be the area where MnDOT was proposing to take homes for the 76th StreeUI-35W northbound ramp. Public Works Director Eastling said he will have staff look at the area and contact her when the reason for the markings is determined. Ms. Bergquist asked why no one from the Transportation Committee was present tonight. Mayor Kirsch stated the Transportation Committee Co-Chair Steve Lindgren was present. Judy Goebel, 7500 Girard Avenue, was registered to speak, but Mayor Kirsch informed her the topic she wished to discuss was on the agenda and she could address the City Council at that time. Council Meeting Minutes -2- July 22, 2003 Mayor Kirsch led the audience in the Pledge of Allegiance. M/Rosenberg, S/Ulrich to approve the minutes of (1) Special City Council MeetinQ of July 3, 2003: (2) Special Concurrent City Council/HRA Worksession of July 8. 2003: and (3) ReQular City Council MeetinQ of July 8. 2003. Motion carried 5-0. Item #1 M/Sandahl, S/Rosenberg to defer the presentation of the Certificate of RecoQnition commemoratinQ the LeaQue of Women Voters 50th Anniversary to a later date. Council Member Ulrich stated that she would contact the President to inform her that the recognition will occur at a future meeting. Motion carried 5-0. Item #2 Council Member Rosenberg introduced Tom Rublein, 2016 West 64th Street, Pool Renovation Committee Chair, and recognized the committee's and his good work. Mr. Rublein explained the formation of the Pool Committee membership, staff participation in discussions and the renovations and activities at the pool, including the recent Teen Night event. The City Council thanked Mr. Rublein and the Pool Committee for their efforts. Council Member Ulrich referenced a recent article in the Richfield Sun Current regarding park maintenance services. She acknowledged the efforts of the children mentioned in the article for their help in park clean up following July 4 activities. Council Member Rosenberg provided an update on the construction of the skateboard park. Council Member Rosenberg stated the Teen Night event previously mentioned by Mr. Rublein was funded by the Community Council. Council Member Rosenberg announced the upcoming Flower Show at Southtown in which she will be a participant at the encouragement of the Richfield-Edina-Bloomington Garden Club. Council Member Enger stated that an insert in the July 17, 2003 Sun Current that advertised a "revival" at 6700 Portland Avenue on August 1 - 3 generated thoughts regarding the rental of the Council Chambers to groups. He said he asked City Manager Orduno to provide rental fee information and the frequency of the Council Chamber rental. Council Meeting Minutes -3- July 22, 2003 .._. , c. _. ., City Manager Orduno stated theCou'hcil Chambers rental fee is approximately $17. She said, aside from the League of Women Voters (LWV) who is considered a quasi-governmental group and not charged a rental fee, the Chambers has been rented three times over the past three years to groups that are charged a fee. She added the Chambers is not rented on a regular basis and the revenue generated is minimal. Council Member Enger asked if the $17 rental fee covered all City expenses. City Manager Orduno stated the fee probably is not adequate to cover expenses. She added Community Center events have shifted to the Chambers and other facilities during the center's renovation. Council Member Enger asked if the Veterans Memorial Park building is being used for some activities during the renovation. Recreation Services Director Topitzhofer said yes, along with a variety of other park shelter locations are being used, including school facilities. He stated the Community Center renovation should be completed September 1, 2003. Council Member Enger stated he has no problem with renting other spaces, but is troubled with the August religious revival to be in the Chambers. He said it was a scheduling snafu of the City to rent the Chambers for the revival because it is an inappropriate use of a space where government business is conducted. Mr. Enger stated the Constitution reads there should be a separation of church and state. He said if another rental space was not available it is up to the City to rent a tent for the group or use a park building - anything but in the Chambers. Council Member Enger stated perhaps the Chamber should be closed to rentals completely if separating groups is not an option. Council Member Sandahl stated she was reluctant to not have meetings in the Chambers. She agreed with the separation of church and state, but the City is not allowed to discriminate against any group - religious or otherwise. Council Member Enger stated he did not support religious activities in the Chambers because it mingled government affairs and religion, but activities held outside were acceptable. Council Member Sandahl said the access to cable television capabilities was important for meetings such as the LWV, campaign debates and public forums. Council Member Enger said LWV was on a different kind of plane than other groups. Council Member Sandahl said there are few rental sites available and is open to raising revenue wherever possible. She requested the rental rate be reviewed with all other fees during the budget process. Council Member Enger said the City is not making any money renting the Chambers at the current rate. Council Member Enger asked when the City rented to the revival group. Recreation Services Director Topitzhofer answered the rental was made a year ago. He added this church has been at the Community Center for 15 years and is a good group to rent to on Sundays, otherwise no one would use the space. He said the Chambers is not the type of space churches typically want to use because it does not meet their needs well due to the lack of separate break-out rooms for discussion. City Manager Orduno stated she asked the City Attorney to review critical Constitution and federal law issues. She said it is within the City Council's purview to restrict the rental of the Chambers, but that restriction must be across the board and not limited to one group. City Attorney Thomson explained that under the City's current rental policy, the City could not refuse or restrict rental to religious groups. She said the City can restrict rentals, but once the space Council Meeting Minutes -4- July 22, 2003 is open and the group falls within the established criteria for use, it must be rented on a viewpoint neutral basis. Ms. Thomson stated case law in the separation of Church and State says there can be no discrimination. She added there are several cases on this issue, but she did not want to spend a great deal of time on reviewing restricted rental use without the City Council's direction. Ms. Thomson said the current policy only addresses Chambers rental in City Hall; all other areas are closed to rental. Council Member Enger asked if it was possible to eliminate rental of the Chambers, but allow the LWV to use the space. City Attorney Thomson stated that question would require review. She added that use of the facilities needs to be neutral and if established criteria is met, other groups could rent the Chambers. Council Member Rosenberg said she had no objection to anyone renting the Chambers. She said it was disrespectful to have this group now use a tent or a parking lot when they were promised the Chambers. She said very little rental space is available especially with the construction of a new Community Center being defeated. Council Member Rosenberg said it is inappropriate and unfair to chastise employees by saying "The City made a mistake" when they were trying to be accommodating to the group that has used the Community Center for 15 years. Council Member Enger stated he said it was inappropriate to use the Chambers and that he did not say the City made a mistake. Mayor Kirsch said the rental arrangement made a year ago with the group should be honored and the Chambers was the only available space. City Manager Orduno stated use of the Chambers was only temporary and activities will return to the Community Center on September 1, 2003. Council Member Enger said now that the public knows the rental fee is $17, the use may increase. Council Member Enger stated that Council Member Rosenberg said she had no objections to anyone renting the Chambers. He asked if Nazi party or religious groups that build an alter and sacrifice animals would be acceptable. Council Member Rosenberg stated she may have spiritual and political concerns, but would leave the viewpoint neutral determination to the City Attorney. City Manager Orduno said the City could prohibit rentals with extreme activities that the City could not accommodate. Council Member Enger stated support to close the Chambers to rentals completely. He said the taxpayers should not subsidize rental fees. City Manager Orduno said the rental policy of the Chambers is a City Council decision and rental fees will be reviewed with the budget. M/Sandahl, S/Rosenberg to continue to offer the Council Chambers to various Qroups and for rental and review the rental rate as part of the budQet process. Motion carried 4-1. (Enger opposed.) M/Kirsch, S/Rosenberg to schedule two Special Citv Council Worksessions to discuss the Revised 2003 and Proposed 2004 budQets: . Wednesday, AUQust 13. 2003. 5:30 p.m. . Wednesday. September 3.2003.5:30 p.m. Council Meeting Minutes -5- July 22, 2003 Motion carried 5-0. Council Member Enger stated l1edidnot oppose any practice of religious beliefs, but did oppose the use of the Council Chambers. Item #3 None. Item #4 M/Rosenberg, S/Sandahl to approve the aaenda. Motion carried 5-0. Item #5 A. Approved first reading of amendment to Richfield City Code Sections 400 and 320 to update City building regulations to comply with latest version of State Building Code and State Fire Code and scheduling public hearing and second reading for September 9,2003 S.R. No. 158 B. Approved first reading of ordinance amendment to City Administrative Code Chapter 1, Subsection 100.07 adopting reference to Minnesota Statutes and Rules and scheduling second reading for September 9,2003 S.R. No. 159 C. Approved resolution authorizing publication of summary legal notice for vacation of 6500 block of Xerxes Avenue S.R. No. 160 RESOLUTION NO. 9360 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF BILL NO. 2003-9 (TRANSITORY ORDINANCE NO. 18.23) This resolution appears as Resolution No. 9360 in Resolution Book No. 74. D. Removed from the consent calendar and placed on the regular agenda for consideration as Item 6. E. Approved canceling Tuesday, August 26,2003 City Council meeting S.R. No. 162 F. Approved two year lease between City of Richfield and Tom Price for rental of 4,690 square- foot strip of lane along edge of Lincoln Field S.R. No. 163 G. Approved resolution adopting Public Purpose Expenditure Policy S.R. No. 164 RESOLUTION NO. 9362 RESOLUTION ADOPTING A PUBLIC PURPOSE EXPENDITURE POLICY Council Meeting Minutes -6- July 22, 2003 This resolution appears as Resolution No. 9362 in Resolution Book No. 74. H. Approved award of contracts for sale and removal of homes and garages on 18th Avenue to Otting House Movers for 11 homes and garages and Groh/Roberts Burns for 3 homes and garages; Airport Noise Acquisition Program S.R. No. 165 I. Approved veterinary license renewal for Veterinary Radiation Therapy Clinic, Inc., 1208 East 66th Street S. R. No. 166 J. Approved commercial kennel license renewal for: . Pet co Animal Supplies, Inc., 710 East 66th Street S.R. No. 167 . Animal Care Clinic, 1208 East 66th Street S.R. No. 168 K. Approved veterinary license to operate veterinary clinic renewal for: . Woodlake Veterinary Hospital, 6436 Lyndale Avenue S.R. No. 169 . A Caring Doctor, Minnesota P.A. dba Banfield Pet Hospital, 1100 West 78th Street S.R. No. 170 M/Rosenberg, S/Sandahl to approve the Consent Calendar as amended. Motion carried 5-0. Item #6 50. Consideration of approval of resolution authorizing application to Metropolitan Council for Livable Communities Demonstration Program grant for City Bella S.R. No. 161 Council Member Enger presented Staff Report No. 161 regarding consideration of a resolution authorizing the application to Metropolitan Council for Livable Communities Demonstration Program grant for City Bella. Council Member Enger asked how Livable Communities Demonstration Account (LCDA) worked, who is eligible to participate and what is the purpose of the grant. City Manager Orduno explained the LCDA process is competitive and provides funds for a community doing an unusual project resulting in amenities and enhancements that bring people into the core ofthe community. Council Member Enger stated the developer included the plaza in the overall development project proposal from the beginning so he questioned why tax increment financing was provided. He stated it appeared the developer's bottom line is being enhanced. He said why not give the money to some other community. Community Development Director Palmborg stated the area will be enhanced and the grant recognizes the connectiveness of the project between public and private spaces. City Manager Orduno added that the developer said a certain kind of plaza would be built and using this grant would be a community amenity not a development amenity. Council Member Ulrich said the primary goal is enhancement. Council Member Enger stated that the City Council should see where this extra $1.5 million is spent before voting on this item. City Manager Orduno said the City Council could delay action on this item. Council Meeting Minutes -7- July 22, 2003 Council Member Enger asked if tax increment financing was given with the original or final development proposal and what the $1.5 million would buy. , ~<-;),;>:ii:~ip Council Member Sandahl stated the City Council receives the City Council agenda information on the Thursday prior to a meeting and she would appreciate it if Council Members, and in this particular case Council Member Enger, would contact staff in advance of the City Council meeting to have questions answered and to seek clarification. Ms. Sandahl said staff would be better prepared to answer questions at the meeting, if they had been notified in advance, which would also be more beneficial to the entire City Council. She said she was hesitant to delay action on this item when these types of questions could be addressed with staff prior to the meeting. She asked how the City could not appreciate getting more money. Council Member Rosenberg stated this grant money was an excellent way to beautify the community and why wouldn't Richfield want it. ~ City Manager Orduno clarified that to be considered for the grant, the City Council needs to take action on this resolution 30 days prior to June 30, 2003 application submission. MtUlrich, StRosenberg to call the question. Motion carried 4-1. (Enger opposed.) Council Member Enger said this grant appears to be a payback to the developer and no where in the Staff Report is "enhancement" stated. MtRosenberg, StSandahl that the followino resolution be adopted. that it be spread in the resolution beok and that it be made part of these minutes: RESOLUTION NO. 9361 RESOLUTION AUTHORIZING APPLICATION FOR A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM Mayor Kirsch requested the Recording Secretary to conduct a roll call vote. Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No. 9361 in Resolution Book No. 74. Item #7 Council Member Enger presented Staff Report No. 171 regarding a resolution adopting a special assessment roll for 2003 for the removal of diseased trees from private property. Council Member Enger asked if all the assessment payments are payable over a three-year period because some of the amounts appeared to be minimal. Public Works Director Eastling explained the three-year schedule has been the standard to ease the administrative process. Council Member Enger encouraged residents to take advantage of the tree removal assessment process because he believes it to be a fair program. MtUlrich, StEnger to close the public hearino. Council Meeting Minutes -8- July 22, 2003 Motion carried 5-0. Council Member Sandahl asked how the tree removal rates are set. Forestry Inspector/Operations Assistant Wroblewski explained that bids are based upon different tree sizes and the location of the tree. M/Enger, 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. 9363 RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2002 THROUGH DECEMBER 31, 2002 Motion carried 5.0. This resolution appears as Resolution No. 9363 in Resolution Book No. 74. Item #8 Council Member Enger presented Staff Report No. 173 regarding resolutions adopting special assessment rolls for 2002 maintenance services and resolutions ordering current 2004 maintenance services for 77th Street maintenance. Tim Carter, 7429 Humboldt Avenue, Richfield-Bloomington Honda General Manager, stated most of his questions had already been answered by staff. He asked about the length of time of the assessment, if a property becomes residential, do the commercial rates change and who performs the maintenance services. Public Works Director Eastling stated the City Council can adjust the assessment policy and rates periodically. He added the City budget does not cover the cost of this maintenance. Operations Superintendent Hughes said a contractor performs the maintenance and the services are bid every third year. M/Rosenberg, S/Enger to close the public hearina. Motion carried 5-0. Council Member Rosenberg stated the 77th Street Corridor is a model for what needs to be done to beautify the City. Council Member Enger agreed the corridor looks nice. He stated he noticed fertilizer going into the street and this is not permitted and should be watched closely. Operations Superintendent Hughes said the contractor was made to go back to the area the next morning to perform clean-up maintenance. Council Meeting Minutes -9- July 22, 2003 Council Member Ulrich agreed the corridor was a beautiful area. ,,J!"'l'}.~}'i'. Mayor Kirsch stated the sound wail and plantings are great. M/Enger, S/Ulrich that the following resolutions be adopted. that they be spread in the resolution book and that they be made part of these minutes: RESOLUTION NO. 9364 RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31,2002 RESOLUTION NO. 9368 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2004 Motion carried 5-0. These resolutions appear as Resolution No.'s 9364 and 9368 in Resolution Book No. 74. Council Member Enger presented Staff Report No. 173 regarding resolutions adopting special assessment rolls for 2002 maintenance services and resolutions ordering current 2004 maintenance services for Lyndale/Hub/Nicollet maintenance. M/Rosenberg, S/Enger to close the public hearing. Motion carried 5-0. M/Enger, S/Rosenberg that the following resolutions be adopted. that they be spread in the resolution book and that they be made part of these minutes: RESOLUTION NO. 9365 RESOLUTION ADOPTING ASSESSMENT FOR L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2002 RESOLUTION NO. 9369 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2004 Motion carried 5-0. These resolutions appear as Resolution No. 's 9365 and 9369 in Resolution Book No. 74. Item #9 Council Meeting Minutes -10- July 22, 2003 Council Member Ulrich presented Staff Report No. 174 regarding a second reading of an amendment to the Richfield City Code Subsection 601.15, Subd. 10 allowing single sort recycling in Richfield. M/Ulrich, S/Rosenberg that this constitutes the second readino of Bill No. 2003-13 amendino Subsection 601.15. Subdivision 10 of the Richfield City Code. allowino sino Ie-sort recyclino in Richfield. that it be published in the official newspaper and that it be made part of these minutes. Council Member Sandahl clarified that regular garbage pickup remains weekly, the recycling pickup is every other week. Motion carried 4-0. (Enger absent.) Item #10 Mayor Kirsch presented Staff Report No. 175 regarding a second reading of an amendment to the Richfield City Code Section 915.07, Subd. 1 referring user false alarm fees to the fee schedule in Appendix 0 of the City Code. M/Kirsch, S/Rosenberg that this constitutes the second readino of Bill No. 2003-14 amendino Section 915.07. Subdivision 1. to refer the user false alarm fees to the fee schedule in Appendix 0 of the City Code. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. (Enger absent.) Item #11 Council Member Enger requested to voice his vote on the previous two items since he had to step away from the meeting during that time. Mr. Enger voted "aye" to approve Items 9 & 10. Council Member Rosenberg presented Staff Report No. 176 regarding a second reading of an ordinance adding Richfield City Code Section 1131 regulating sales of consumer fireworks; a resolution amending Appendix 0 with a new license fee and approving a resolution approving publication of a summary legal notice of the ordinance. M/Rosenberg, S/Kirsch that this constitutes the second readino of Bill No. 2003-15 addino a new City Code Section 1131 reoulatino the sales of consumer fireworks. that it be published in the official newspaper and that it be made part of these minutes; and that the followino resolutions be adopted. that they be spread in the resolution book and that they be made part of these minutes: Council Meeting Minutes -11- July 22,2003 RESOLUTION NO. 9366 '-',>i.e':, ,-,,':',::s:,',;.,:'r'::,:>,: ,'~'::' RESOLUTION AUTHORIZING'-THE'AMENDMENT OF CERTAIN PROVISIONS OF RESOLUTION 9280 ENTITLED "RESOLUTION ESTABLISHING 2003 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 9280 RESOLUTION NO. 9367 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTION 1131 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO SALE OF CONSUMER FIREWORKS. Motion carried 5-0. These resolutions appear as Resolution No.'s 9366 and 9367 in Resolution Book No. 74. Item #12 Council Member Sandahl presented Staff Report No. 177 regarding consideration of a consultant agreement with WSB and Associates, Inc. for design of a new Lyndale Avenue Bridge at 1-494 in the amount of $1 ,871 ,682.20 and a Memorandum of Understanding between the City of Richfield, Minnesota Department of Transportation (MnDOT) and the City of Bloomington. Council Member Sandahl reviewed the proposed funding of the project. Public Works Director Eastling stated the funding details would be worked out as the project progresses. M/Sandahl, S/Rosenberg to approve a consultant aoreement with WSB and Associates. Inc. for the desion of a new Lyndale Avenue Bridoe in the amount of $1.871.682.20. and approve the Memorandum of Understandino between the City of Richfield. the Minnesota Department of Transportation and the City of Bloominoton. Council Member Rosenberg asked if WSB designed the Penn Avenue bridge. Public Works Director Eastling said no, that bridge was designed by BRW now call URS. He added there are some connections between firm members. Council Member Sandahl asked if the Lyndale Avenue bridge would be a design build process like the Penn Avenue bridge. Public Works Director Eastling said the process is different and tonight's action was just for design costs. Council Member Enger asked why the City of Bloomington was not participating in bridge design costs. Council Meeting Minutes -12- July 22, 2003 Public Works Director Eastling explained that Bloomington has many projects underway and does not have the funding available to participate in the local share. Judy Goebel, 7500 Girard Avenue, asked if Richfield has more control of the bridge design since Richfield is paying a larger portion of the costs. Public Works Director Eastling said yes. Larry Wozniczka, 6744 Wentworth Avenue, suggested a summary of functional requirements/specifications (number of lanes, freeway access, pedestrian crossings) on this bridge be prepared and brought to the City Council for action before considering this agreement. Council Member Sandahl stated those issues are part of the preliminary design decision before the City Council tonight. She said the design is based upon the layout in the environmental impact statement (EIS) and MnDOT has information available. She also invited Mr. Wozniczka to the Transportation Committee meetings because they discuss and review these issues. Public Works Director Eastling stated Richfield plans to challenge the freeway access issues in the proposed layout based upon the EIS. Mr. Wozniczka stated a priority should be access from commercial areas onto northbound 1- 35W. Public Works Director Eastling said the Transportation Committee is aware of the issues and impacts of the freeway access. City Manager Orduno stated the Transportation Committee will make recommendations on these issues directly to the City Council, there will not be staff recommendations. Motion carried 5-0. Item #13 City Manager Orduno stated the July 21 HRA meeting was canceled so she did not have a report. Item #14 M/Rosenberg, S/Sandahl that the followino claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. A/P Checks: 125442 - 125763 PAYROLL 35657 - 35810 TOTAL $ 1,175,053.97 $ 479,914.48 $ 1,654,968.45 Motion carried 5-0. Council Meeting Minutes -13- July 22, 2003 Item #15 Date Approved: AU9;ust 12, 2003 The City Council meeting was adjourned by unanimous consent at 8: 1 ~ P m. ( ~;,., .~' . _..J\ f/i \. \ //& -_.i' Martin J,., Klrs.h ~n' ( sama~a'o "-~i~~rYlanager ~~' Cheryl ~ umho Z u.k1 Recording Secretary