10-14-03 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 14,2003
The meeting was called to order by Mayor Kirsch at 6:31 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; John Enger; and Gertrude Ulrich
(arrived 6:42).
Members
Not Present:
Sue Sandahl.
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; Cheryl Krumholz, Recording
Secretary; and Corrine Thomson, City Attorney.
MtRosenberg, StEnger to determine the absence of Council Member Sandahl as an
excused absence.
Staff Present:
Motion carried 3-0.
Dave Ganfield, 13728 Danbury Path, Rosemount, Minnesota, and 17 -year City of Richfield
employee, addressed the City Council regarding his duty-related disability as a firefighter and his
entitlement to continued City paid health insurance benefits under the Public Safety Officers Health
Insurance Reimbursement Program.
Mayor Kirsch stated no comment would be made because this claim is currently in the
courts for review.
Mr. Ganfield said no legal action is pending at this time.
City Manager Orduno responded that the City understands Mr. Ganfield has appealed the
workers' compensation judge's decision and the City has not received notification from the judge
that the appeal is withdrawn.
Mike Morris, 7600 Penn Avenue, #130, addressed the City Council regarding the on-going
rodent infestation and health threat at the Crossroads at Penn apartment complex. He stated the
City is in violation of Minnesota Statutes and refuses to issue a corrective order to stop this
continued act of negligence.
Council Meeting Minutes
-2-
October 14, 2003
Council Member Ulrich arrived.
Council Member Rosenberg asked Mr. Morris if he has contacted Public Safety. She
added she considered these serious problems ~nd this is the first she's been aware of it.
Mr. Morris said yes, Dan Scott has knowledge of the situation dating back to last year and
he also attended a walk-through of the complex. He added that Family and Children Services is
involved.
Public Safety Director Scott reviewed the history of Mr. Morris's calls and the City's
responder calls. He acknowledged some problems were founded, but the walk-through also
resulted in several unfounded complaints. He assured the City Council and Mr. Morris that the
calls are taken seriously and responses are made. He stated there is a better handle on the issues
now and the City is diligently working with apartment residents and management.
Mr. Morris said the rodent infestation is season-related. He said the City Code states that,
he as a resident, does not need to live with rodents. He added that, to his knowledge, the
Crossroads attorneys have not received a corrective order from the City so residents are unable to
get a rent escrow account because no evidence in the form of a corrective order has been issued.
City Manager Orduno said this issue will be explored more with Mr. Morris and a report will
be provided to the City Council.
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
September 23. 2003: (2) Special City Council Worksession of September 23, 2003: (3) Reqular
City Council Meetinq of September 23.2003; and (4) Special City Council Worksession of
September 30. 2003.
Motion carried 4-0.
Item #1
Russ Susag, District 5 Metropolitan Council representative, 7305 First Avenue, stated
Metro Transit Route 515 (previously Route 15) was changed from Bloomington Avenue to 12th
Avenue due to budget reductions. He said a number of citizens expressed concern over the route
change. Metro Transit met with City staff to review route modifications and east Richfield
redevelopment plans. As a result, Metro Transit intends to remove the bus route from 12th
Avenue.
Arlene McCarthy, Metro Transit, reviewed the background issues, including projected metro
growth in population and congestion. The goal of transit is to try and slow the congestion rate and
Route 515 is part of the overall transit system, regionally and locally. She agreed Richfield
Intermediate School (RIS) is a safety concern, but not because of transit.
Council Meeting Minutes
-3-
October 14, 2003
Ms. McCarthy stated the 12th Avenue route will be discontinued, but added it should not be
misconstrued that 12th Avenue is not C3,nappr9priatetransit option because long-term transit needs
for the future are unknown.'~ !". ,. .',. .
Ms. McCarthy reviewed the basis for the change to 12th Avenue, including the Section 5
transit process, Richfield's redevelopment plans for the east side and the new airport runway.
Updated information from the City has indicated plans to increase the housing density on the east
side which merits the retention of the Bloomington Avenue bus route. The process to implement a
bus route schedule change is four times a year, so the removal of buses from 12th Avenue is
planned for December 6, 2003.
Ms. McCarthy expressed appreciation to City staff for their cooperation on this issue.
Adam Harrington, Metro Transit, reviewed the planning strategies, including the strong
ridership market along 66th Street and at the Mall of America (MOA) and Southdale. He said the
walking distance to east Richfield also needs to be balanced. The route was shifted to 12th
Avenue due to the anticipated reduction in redevelopment and housing density, but now Metro
Transit has learned that density is expected to increase.
Mr. Harrington explained the December 6, 2003 route schedule and connection reliability on
the system will include some bus trips via Highway 77 and every two hours on Bloomington
Avenue between 9 a.m. to 3 p.m. weekdays and Saturdays 9 a.m. to 6 p.m. which results in a
downgrade of service frequency. He added that next year additional changes will include
increased service frequency on 66th Street and the level of service on Bloomington Avenue will
increase to every 1/2 to 1 hour with every other trip via Highway 77, weekdays 9 a.m. to 3 p.m. and
Saturday 9:00 a.m. to 6 p.m.
Mr. Susag complimented City staff for their cooperation in discussing the route options. He
said the change to split trips between Highway 77 and Bloomington Avenue allows some budget
savings but does reduce service to some east Richfield residents.
Mayor Kirsch thanked Metro Transit for their cooperation and that this is a good example of
two governmental agencies resolving a difficult situation that works well for the neighborhood.
Council Member Ulrich stated Metro Transit serves Richfield citizens well.
Liz Lynch, 6714 12th Avenue, thanked Richfield staff, Met Council and Metro Transit for
working in cooperation to rescind the 12th Avenue bus route change.
Betty Groven, 6708 12th Avenue, also thanked the City for their assistance and listening to
the neighborhood concerns. She acknowledged the work of Metro Transit on this issue.
Roger Johnson, 7045 Bloomington Avenue, stated he was disheartened that the bus route
was going back to Bloomington Avenue because he believed Bloomington Avenue had paid its
dues. He said when the route originally started on Bloomington Avenue, residents had the same
concerns as the 12th Avenue residents, but had to learn to live with th~ buses.
Donna DeRoma, 7211 Bloomington Avenue, stated she wanted the route back on
Bloomington Avenue and not on Highway 77 because the buses are her only means of
transportation and she doesn't want to walk to bus stops.
Rhonda Anderson, 6701 12th Avenue, expressed thanks for removing the bus route from
12th Avenue.
Council Meeting Minutes
-4-
October 14, 2003
Tami (no last name was on register), 7021 12th Avenue, said the buses on 12th Avenue
were very convenient for her.
Item #2
David Gepner, Planning Commission Chair, reviewed the goals and accomplishments of the
Planning Commission during the past year.
The City Council thanked the Planning Commission for their efforts.
Item #3
David Larson, Richfield School Board Chair and Citizens for a Quality Community
representative, made a presentation regarding the Richfield Public Schools Capital Projects Levy
Referendum for Technology.
Mr. Larson said he hoped to gain the City Council's endorsement for the referendum.
Council Member Enger asked how many students are in the public school system and how
many computers.
Mr. Larson said approximately 4,100 students and the goal is to have six students per
computer.
Council Member Ulrich expressed strong support for the referendum because of the
importance of technology in not only Richfield but in the United States.
M/Ulrich that the followina resolution be adopted, that it be spread in the resolution book
and that it be made part of these minutes:
RESOLUTION SUPPORTING RICHFIELD PUBLIC SCHOOLS
CAPITAL PROJECTS LEVY REFERENDUM FOR TECHNOLOGY
Motion failed for lack of a second.
Council Member Rosenberg said since one City Council Member is absent tonight, the action
on this resolution should be tabled to the October 28 City Council meeting when all are present to
discuss the City Council role in this proposed referendum.
Council Member Ulrich read a letter from Council Member Sandahl expressing her support of
the resolution tonight and her vote should be cast as a yes for approval.
M/Rosenberg, S/Kirsch to table the resolution supportina Richfield Public Schools Capital
Proiects Levy Referendum for Technoloay to the October 28, 2003 City Council meetina.
Motion carried 3-1. (Ulrich opposed.)
Council Member Ulrich said there was no need to table the vote to the next meeting since she
had the letter of support from Council Member Sandahl.
'''''"~';''"",-;r:,':i,P'.-'''.'''''''--'''-'1'
Council Meeting Minutes
-5-
October 14, 2003
Item #4
Council Member Rosenberg provided an update on the Tri-City Outdoor Skateboard Park
grand opening. She recognized the efforts of the Community Services Commission and Jim
Topitzhofer, Recreation Services Director.
Mayor Kirsch thanked the Fire Department for their open house this past Saturday.
Mayor Kirsch reported on the recent Southdale Square groundbreaking.
Council Member Ulrich reported on her recent trip to the Airlift Wing Air Force Reserve
Command Civic Leader Tour in Colorado Springs, Colorado and their extensive use of technology.
Item #5
M/Rosenberg, S/Enger to conduct the first reQular City Council meetinQ in November on
Wednesday. November 12 due to the Tuesday. November 11 Veterans' Day holiday.
Motion carried 4-0.
City Manager Orduno stated the City Council needed to schedule a budget worksession and
staff would be contacting them regarding their availability.
The City Council requested the worksession be held on a night separate from a regular City
Council meeting.
It m#6
M/Rosenberg, S/Enger to approve the aQenda as amended.
Motion carried 4-0.
Item #7
A. Approved first reading of ordinance amending Sections 3.05, 4.07 and 6.02 of Richfield City
Charter and schedule public hearing and second reading for November 12,2003 S.R. No.
219
B. Approved first reading of ordinance amending various sections in Chapter 5 of Richfield City
Charter and schedule public hearing and second reading for November 12, 2003 S. R. NO.2
20
Council Meeting Minutes
-6-
October 14, 2003
C. Approved first reading of ordinance amending Sections 2.03 and 3.01 of Richfield City
Charter and schedule public hearing and second reading for November 12,2003 S.R. No.
221
D. Approved first reading of ordinance repealing Sections 8.04 and 8.05 of Richfield City
Charter and schedule public hearing and second reading for November 12, 2003 S. R. No.
222
E. Approved first reading of ordinance amending Section 6.01 of Richfield City Charter to come
into compliance with State law by removing residency requirement for City Manager and
schedule public hearing and second reading for November 12, 2003 S.R. No. 223
F. Approved first reading of ordinance amending various sections in Chapter 7 of Richfield City
Charter and schedule public hearing and second reading for November 12,2003 S.R. No.
224
G. Approved resolution establishing Health Care Savings Plan for Police supervisory bargaining
unit employees, Law Enforcement Labor Services Local 162 S.R. No. 225
RESOLUTION NO. 9389
RESOLUTION APPROVING LETTER OF AGREEMENT BETWEEN THE CITY OF RICHFIELD
AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 162 ESTABLISHING A POST
RETIREMENT HEALTH CARE SAVINGS PLAN
This resolution appears as Resolution No. 9389 in Resolution Book No. 74.
H. Approved resolution establishing Health Care Savings Plan for General Services employees
S.R. No. 226
RESOLUTION NO. 9390
RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A POST RETIREMENT HEALTH
CARE SAVINGS PLAN FOR GENERAL SERVICES EMPLOYEES
This resolution appears as Resolution No. 9390 in Resolution Book No. 74.
I. Approved resolution supporting Richfield/Edina Trail Corridor Master Plan SR. No. 227
RESOLUTION NO. 9391
RESOLUTION AUTHORIZING EXPRESSING SUPPORT FOR THE THREE RIVERS PARK
DISTRICT RICHFIELD/EDINA MASTER PLAN
This resolution appears as Resolution No. 9391 in Resolution Book No. 74.
J. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 8.
K. Approved scope of work and authorization to seek bids and submit advertisement for bids to
demolish properties as part of Airport Noise Acquisition Program: 6720 18th; 6726 18th;
6732 18th; 6744 18th; 6701-03 18th; 6709-11 18th; 6700 Cedar; 6328 Cedar; 6344 Cedar;
6412 Cedar and 6444 Cedar Avenues S.R. No. 229
Council Meeting Minutes
-7-
October 14, 2003
L. Approved purchase from Cargill Incorporated Deicing Technology, North Olmstead, Ohio for
estimated 1,700 ton of winter dei<;::,jr'lg.,~alt for 2003/2004 winter season at price of $27.71 per
ton, delivered, plus sales tax 8.R.'NO. 230 ',.
M. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 8.
N. Approved commercial kennel license renewal for Petsmart, 1100 West 78th Street S.R. No.
232
O. Approved veterinary license renewal to operate a veterinary clinic for Animal Medical Clinic,
710 West 66th Street S.R. No. 233
P. Approved multi-animal residential license renewal:
. 7520 Morgan Avenue; three dogs S.R. No. 234
. 7301 Wentworth Avenue; three dogs S.R. No. 235
Council Member Enger stated routine administrative/housekeeping type items are
acceptable on the Consent Calendar, but suggested items that significantly change the way the
City is governed, be read at first reading to inform residents.
City Manager Orduno said that is a procedural policy determined by the City Council. She
explained the Charter amendments on the Consent Calendar must be published in their entirety
prior to the public hearing.
Council Member Enger said he would not pursue the reading tonight since the proposed
Charter amendments are to be published in the newspaper. He requested the reading of
ordinances be discussed at a future City Council Worksession.
Council Member Enger said he received a call from a Charter Commission Member who
believes the vote on one of the amendments is inaccurate.
John Easterwood, Charter Commission President, said the Commission's secretary records
the votes by name so he will verify their accuracy and provide the City Council with a clarification at
the November 12 City Council meeting.
M/Rosenberg, S/Enger to approve the Consent Calendar as amended.
Motion carried 4-0.
Item #8
7 J. Consideration of approval of three year lease between City of Richfield and Hat
Trick Hockey, Inc. consisting of 1,900 square feet of space in Richfield Ice Arena, 636 East
66th Street S.R. No. 228
Council Member Enger stated he had a problem with a rent reduction for a business that
has been operating six years. He suggested the City send out Requests for Proposals (RFP) to
see what other entrepreneurs would be attracted to this site. He added that the current proprietor
wants a reduction because hockey is declining and effecting profits, but he thought the second ice
sheet at the arena and girls' hockey should increase participation.
Council Member Enger asked if it was a mistake to build the second ice sheet and why
hockey is declining.
City Manager Orduno stated the building of the second ice sheet needs to be directed to
the City Council because it was a City Council action. She added many factors could contribute to
declining hockey participation, including the high cost of the sport.
Council Meeting Minutes
-8-
October 14,2003
Council Member Enger suggested soliciting business from other schools if the rink is under
used.
City Manager Orduno said additional use is being solicited. She suggested the City Council
may want to table this item and have AI Payne, Arena Manager, and Hockey Association
representatives attend the next9ty Council meeting to address the concerns discussed tonight.
Ms. Orduno said nothing precludes doing an RFP as requested by Council Member Enger.
Council Member Rosenberg stated she was a supporter of the second ice sheet, but the
economic turnaround was unknown at that time. She said one of the selling points for the second
sheet was income for Hat Trick, but now this business may not be the idealleasee. She stated
she did not support the proposed lease before the City Council because it is not beneficial to the
City.
MtRosenberg, StEnger to defer action on the proposed Hat Trick Hockey lease. obtain
competitive quotes throuQh an RFP process to seek other businesses for the space and invite the
City's arena manaQer and hockey representatives to a City Council meetinQ to explain the decline
in hockey participation. .
City Manager Orduno explained that when the second ice sheet was approved there was
an explosion of hockey with many other rinks being built. She added the business decline may be
the result of an increase in the number of large sporting goods stores.
Council Member Enger said a larger store may open a satellite in this site. He added he
has no problem with the arena not covering costs because it is a good feature for the City and
children.
Tom Sachs, Burnsville, Minnesota, owner of Hat Trick Hockey, explained the history of
building the store and that he went for what the City wanted. He said the business has not brought
in the revenue as anticipated, and that a factor is the location.
Mr. Sachs explained the reasons for his request for a three-year lease at a reduced rent
with no increase. He stated he did not believe an RFP will draw another business.
Mr. Sachs stated he believed tonight's agreement before the City Council to be fair and
equitable. He said he wants to stay here, but requested the City notify him as soon as possible if
that changes so he can plan for the future.
Motion carried 4-0.
Council Member Enger asked if it was possible to lease the site month-to-month or for six
months so if the RFP brings in another business, it could be in place soon. He said the intent is
not to put Mr. Sachs out of business.
City Manager Orduno said the lease can be negotiated and the RFP process can move
quickly.
Council Member Enger suggested the signage at the arena be larger and more
tournaments be held to increase profitability.
7M. Consideration of approval of purchase from Flexible Pipe Tool Company for new
television camera system for diagnosing wastewater and stormwater pipe problems by
Utility Maintenance Division in amount of $48,793.51 S.R. No. 231
Council Member Enger suggested that if the current camera system still works, these funds
to buy a new one can be set aside to off-set the lost State aid and the purchase can be made next
year.
Public Works Director Eastling explained the system needs to be replaced because it is
being pieced together making maintenance troublesome. He added the funds are paid from the
sanitary sewer fund which is separate from the State aid fund.
Council Meeting Minutes
-9-
October 14, 2003
M/Enger, S/Rosenberg to approve the purchase of a new television camera system from
Flexible Pipe Tool Company in the sum of $~8.793.51. The new system would be retrofitted into
the existinq television trailer used for diaqnosinq problems in wastewater and stormwater pipes.
Motion- carried 4-0.
Item #9
Council Member Rosenberg presented Staff Report No. 236 regarding consideration of a
resolution regarding civil enforcement for Taco Morelos, 2 West 66th Street, alcohol establishment
in Richfield that underwent alcohol compliance check conducted by Richfield Public Safety staff
and failed by selling alcohol to underage youth.
M/Rosenberg, 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. 9392
RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR
LICENSES FOR TACO MORELOS, 2 WEST 66TH STREET, AND IMPOSING A CIVIL PENALTY
FOR A FIRST TIME ALCOHOL COMPLIANCE FAILURE
A representative from Taco Morelos was not present.
Motion carried 4-0. This resolution appears as Resolution No. 9392 in Resolution Book No.
74.
Item #10
Public Works Director Eastling provided an explanation of the basic elements and funding
of street lighting, including the operational costs between Xcellights and City lights.
City Manager Orduno stated there is no recommended action in the Staff Report because
this is a City Council policy decIsion. The City Council may decide to defer action to the budget
worksession since one Council Member is absent tonight or the City Council may eliminate this
option as a source of revenue.
Mayor Kirsch suggested deferring discussion on the street lights to the worksession.
Council Member Ulrich stated support for franchise fees because it is an incentive to use
less energy.
Council Meeting Minutes
-10-
October 14, 2003
Council Member Rosenberg agreed and added that the franchise fee gives the property
owner more control on regulating energy. She said if she had a choice, she supported franchise
fees over the street light fee.
M/Ulrich, S/Rosenberg to elil11inate the consideration of the street liqht fee charqe and
continue consideration of franchise fees as a revenue source for the City.
Larry Wozniczka, 6744 Wentworth Avenue, stated he viewed the franchise fees as a tax
and preferred that the fee be put on as a tax so it can be used for income tax purposes. He said
the franchise fees are due a public hearing.
City Manager Orduno stated the City Council needs to approve the franchise fees.
Motion carried 4-0.
Item #11
M/Kirsch, S/Rosenberg to table consideration of Mavor's appointment of HRA
Commissioner for a five-year term expirinq October 2008 to October 28. 2003 City Council
meetinq.
Motion carried 4-0.
Item #12
M/Rosenberg, S/Enger that the followinq claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
AlP Checks: 126985 - 127429
PAYROLL 36433 - 36651
TOTAL
$ 1,482,068.22
$ 838,578.21
$ 2,320,646.43
Motion carried 4-0.
Council Member Ulrich announced a Richfield High School concert on October 27,2003.
Council Member Ulrich announced the League of Women Voters sponsored school board
candidate forum on October 18, 2003.
City Attorney Thomson stated this forum does not require posting as a Special City Council
meeting because the City Council can attend as citizens, not as City Council representatives.
Item #13
The City Council meeting was adjourned by unanimous consent at 9:02 p.m.
Council Meeting Minutes
Date Approved: October 28, 2003
CherylK~
Recording Secretary
-1.1.,.
..__... . I ) O~.toobbeerr ;1.7 ,2003
??11iJw 8) ~
Ma' . Kirsch