10-28-03 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 28, 2003
The meeting was called to order by Mayor Kirsch at 6:30 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; John Enger; Gertrude Ulrich; and
Sue Sandahl.
Staff Present:
Samantha Orduno, City Manager; Steve Devich, Administrative Services
Director; Bruce Palmborg, Community Development Director; Dan Scott,
Public Safety Director; Jim Topitzhofer, Recreation Services Director; Chris
Regis, Finance Manager; AI Payne, Facilities Manager; 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.
City Manager Orduno stated Metro Transit requested the following clarifications to the
October 14, 2003 City Council minutes regarding Item 1 Update on 12th Avenue Metro Transit Bus
Route. Paragraphs 5 and 6 on page 3 should be amended to read:
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.
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October 28, 2003
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.
M/Rosenberg, S/Enger to approve the amended minutes of Reqular City Council Meetinq of
October 14. 2003.
Motion carried 5-0.
Item #1
Public Safety Director Scott presented the Director of Public Safety Award to Robert Riley
recognizing his volunteer work with the Crime Prevention LJnit.
The City Council thanked Mr. Riley for his efforts.
Item #2
M/Sandahl, S/Ulrich 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. 9393
RESOLUTION SUPPORTING RICHFIELD PUBLIC SCHOOLS
CAPITAL PROJECTS LEVY REFERENDUM FOR TECHNOLOGY
Council Member Sandahl expressed her reasons for supporting the referendum, including the
importance of a good education, reducing the number of students per computer, needing computer
upgrades, serving the best interests of the children and needing computer skills in the job market.
She said it behooves the City to take a strong stand of support for the referendum.
Council Member Ulrich expressed her support for the referendum.
Council Member Rosenberg expressed agreement with the reasoning for supporting the
referendum. She added that statistics reflect that 35% of the students are on the reduced lunch
program and it is a social responsibility to leave no child behind.
Council Member Enger questioned the parliamentary procedures of considering the resolution
again since a motion to approve it failed for lack of a second at the October 14, 2003 City Council
meeting.
City Attorney Thomson stated the resolution can be considered again since the City Council
did approve a motion to table action to the October 28, 2003 City Council meeting.
Council Member Ulrich added that the tabling to October 28, 2003 means the resolution must
be brought up again for consideration.
Council Meeting Minutes
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October 28, 2003
Council Member Enger stated that it is proven in the past that the school board and school
administration did not use the funds a~t~eysaid it would because a running track was built instead of
lowering class size. .t':!,;';:~~""i':;!/ .
Mr. Enger expressed his reasons for not supporting the referendum, including 90 computers
received from the Attorney General's office, his seeing 30 computers and their programs which have
enough memory, some programs are games not learning tools and the diversion of funds.
Mr. Enger referenced an article in the Minneapolis Star Tribune that reported $100 per student
per year as adequate funds. He stated he believes technology is important, but the referendum is
asking for too much money with the current School Board and School Administrator not using the
funds as indicated.
Council Member Sandahl clarified the referendum states "up to" $10 million is permitted for
the referendum. She added that technology was last updated ten-years ago.
Council Member Enger stated he didn't understand why advanced computers are at the K-3
school when they should be at the high school.
Council Member Sandahl stated she believes the school district and administration are better
equipped to determine the allocation of the use of computers.
Council Member Ulrich denied that the money raised in the past two referendums was not
spent the way the referendums were intended, which was to lower class size.
Council Member Ulrich called the question.
Council Member Sandahl stated the running track is a capital expenditure not an operating
expenditure.
Mayor Kirsch stated the public respects the City Council's judgement in City affairs so the
public and City Council have faith in the school district and administration regarding the use of
referendum funds. He added the City has also donated computers to the school district and that
periodic upgrading is necessary.
City Manager Orduno stated the computers donated by the City are 5+ years old.
Council Member Sandahl requested a roll call vote.
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No. 9393 in
Resolution Book No. 74.
Council Member Rosenberg referenced an article about Frank White, Recreation
Programs/Athletics Manager, entitled "Unsports-manlike Conduct" in the August/September 2003
issue of The Minnesota Score magazine.
Council Member Rosenberg referenced letters to the Editor in the Richfield Sun Current that
expressed their discouragement regarding the City's supposed fiscal irresponsibility. She invited
anyone who has concerns to contact the City staff and/or the City Council to discuss the budget and
that creative solutions are welcome. She said there needs to be an informed and proactive approach
to do the right thing for the community.
Council Member Rosenberg asked City Manager Orduno if anyone from the public had met
with staff to discuss the budget.
City Manager Orduno said no.
Council Member Ulrich also encouraged the public to get the facts and not listen to rumors.
Council Member Ulrich reported on the recent Academy Award Ceremony concert at the
Richfield High School.
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October 28, 2003
Item #3
None.
Item #4
M/Rosenberg, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #5
A. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 6
B. Approved purchase of Ricoh 2090 copying system from Metro Sales, Inc. in amount of
$30,131 S.R. No. 240
C. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 6.
D. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 6.
M/Sandahl, S/Rosenberg to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #6
5A. Consideration of approval of resolution providing for sale of $3,000,000 General
Obligation Taxable Tax Increment Bonds, ~eries 2003C; Kensington Park Project S.R. No.
239
Finance Manager Regis stated there was a mis-communication with Ehlers and Associates
regarding the amount of the bonds.
Sid Inman, Ehlers and Associates, explained the bond sale before the City Council is the
second piece of the financing for the Cornerstone project. He reviewed the financing background.
He clarified the amount of the bonds is $3,530,000 not $3,000,000 as originally stated, but the
change does not alter the transaction.
M/Kirsch, S/Rosenberg that the followinq resolution be adopted, that it be spread in the
resolution book and that it be made part of these minutes:
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October 28, 2003
RESOLUTION NO. 9394
RESOLUTION PROVIDING FOR THE SALE OF
$3,530,000 TAXABLE GENERAL OBLIGATION TAX
INCREMENT BONDS, SERIES 2003C
Motion carried 5-0. This resolution appears as Resolution No. 9394 in Resolution Book No.
74.
5C. Consideration of approval of new multi-animal residential kennel license; 7300
Upton Avenue; two dogs and four cats S.R. No. 241
Mayor Kirsch stated this item was removed from the Consent Calendar because some City
Council Members received phone calls regarding this animal license.
The applicant was not present to address the City Council.
Gordon McKinnon, 7308 Upton Avenue, expressed support for the license because it will
now allow enforcement of the rules which was not possible with the problems of the animals
running loose as experienced in the past. He asked if the license requires spaying or neutering of
the animals.
Council Member Rosenberg stated there is a nuisance law to help with animal control. She
added the license does not require spaying or neutering.
Mayor Kirsch clarified there was no animal license previously so he supported issuing the
license for better control if problems.
Public Safety Director Scott encouraged residents to call public safety as soon as possible
if violations occur.
Council Member Sandahl said she received no calls on this issue. She also explained the
limitation on the number of animals with and without a license. She added that if the applicant
does not comply, there would be grounds to review issues at the time of the animal license
renewal.
M/Sandahl, S/Rosenberg to approve the request for a new multi-animal residential kennel
license for Cynthia Parker. 7300 Upton Avenue South.
Council Member Ulrich said she received many calls on this issue and believes Mr.
McKinnon is being unduly optimistic that the problems will end. She stated she believes the
license will not make a difference because people who really care about their pets wouldn't put
their neighbors in this situation.
Motion carried 4-1. (Ulrich opposed.)
50. Consideration of approval of multi-animal residential kennel license renewal;
6654 Newton Avenue; three dogs and two cats S.R. No. 242
Jay and Karin Anderson, applicants, clarified that the number of animals they currently own
is three dogs and one cat. They stated the comments in the Staff Report - the two letters to
Environmental Health regarding property maintenance and the odor in the house and yard at the
inspection - were not brought to their attention prior to tonight.
Public Safety Director Scott apologized that the Community Service Officer did not mention
the odor to Mr. Anderson at the time of the inspection and that he would review this with staff.
M/Rosenberg, S/Sandahl to approve the request for the renewal of a multi-animal
residential kennel license for Jav and Karin Anderson. 6654 Newton Avenue South.
Motion carried 5-0.
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October 28, 2003
Item #7
Council Member Ulrich presented Staff Report No. 243 regarding a resolution authorizing a
conditional use permit (CUP) to allow motorcycle, snowmobile and small engine repairs and limited
sales at 6525 Penn Avenue.
Ms. Ulrich said the owner has every intention of following all the requirements and
stipulations of the CUP.
Council Member Ulrich reviewed the stipulations, including that no test-driving be permitted.
Mayor Kirsch asked about the parking area not being striped and if it could be made a
stipulation.
City Attorney Thomson said the City Council could make striping a condition of the CUP
between the landlord and tenant.
Council Member Enger asked if the landlord owned all the paved property in this area.
Community Development Director Palmborg said yes and that is difficult to determine
property lines.
Kyle Knutson, owner and applicant, stated that the stipulations are reasonable and parking
is not a big concern to his business. He added the restriction of test-driving does cause some
concern because it may be necessary to turnaround in the alley and return to the shop if there are
problems with the equipment.
Mr. Knutson said he has been doing business in this location for two months and there
have been no problems.
Council Member Rosenberg asked about a sprinkler system requirement since there is
small engine repair.
Mr. Knutson said the building is all cement and that he is unaware of sprinkling.
Community Development Director Palmborg stated a certain square footage requires a
sprinkler system.
Council Member Sandahl asked about the space the business occupies.
Community Development Director Palmborg reviewed the site plans.
Mr. Knutson stated his business was relocated from the 76th Street/Lyndale Avenue area
and there were no noise complaints while he was there two years.
Council Member Enger said there were to.o many restrictions related to test-driving and no
signage on Penn Avenue.
Mr. Knutson said he was fine with no signage on Penn Avenue because he didn't want the
expense.
Cliff Akins, 6520 and 6526 Oliver Avenue, owner of three apartment buildings on Oliver
Avenue, expressed concern regarding the business being too close to the apartments, test driving
in the alley, parking and exhaust coming out of the garage door especially since the apartments do
not have central air conditioning.
Bruce Bale, 6526 Oliver Avenue, expressed concern regarding the business being an
additional noise source, long hours of operation, air quality and close location to the apartments.
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October 28, 2003
He said the shops previous location was six times greater distance from a residential area than
where the location is now on Penn Avenue.
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Mr. Bale presented the City Council with a petition expressing concerns regarding the
business, signed by some residents of 6525 Penn Avenue (Clerk's File No. C-394).
Council Member Rosenberg asked about requiring a privacy fence. She asked Mr. Bale if
the apartment had any problems with the business in the past two months. She said she wants to
maintain affordable housing and the closeness of the business to the apartments is of concern.
Mr. Bale said that City staff included a fence as a stipulation, but the Planning Commission
did not recommend it. He said one resident mentioned the shop sounded like thunder, but that it's
unknown how loud the shop will be even with the garage doors closed. He added that exhaust
fumes are a concern.
Council Member Rosenberg stated there are privacy issues for the apartments and did not
believe having the shop here would work without fencing. She expressed surprise that the shop
had been in operation for two months without notice to the apartments. She said this type of
business was too close to a residential area.
Council Member Rosenberg said the business meets legal requirements, but she has
sympathy for the apartment tenants who live close. She stated support only if a barrier or privacy
fence with a gate so there was access to Penn Avenue was required.
Mr. Bale said a fence would not eliminate the noise.
Mr. Knutson said a fence would be unsafe for his business because it will create a dark
area. He said traffic in the alley would affect the two lower windows in the apartment - one is a
tenant's apartment, the other is the laundry room. He added noise should be minimal because the
building is all cement.
Mr. Knutson stated that the business to the north of his shop is a machine and repair shop
and he is not aware of any complaints about that business. He added that the hours of operation
should not be a problem because there is nighttime noise in the area already.
Mr. Knutson stated he did not believe the quality of life would be affected.
Council Member Sandahl asked the percentage of time the garage door would be open.
Mr. Knutson stated it varies, but maybe one hour a week.
Council Member Enger asked about the garage door being open when engines are
running.
Mr. Knutson said the door is not open because there is a vent fan for cross ventilation so
outside fumes should not be a great amount.
M/Sandahl, S/Rosenberg to close the public hearino.
Motion carried 5-0.
Council Member Sandahl stated there is no stipulation regarding landscaping.
Community Development Director Palmborg said there are plantings near Penn Avenue.
M/Sandahl, S/Ulrich that the followino resolution be adopted with stipulations A - H, that it
be spread in the resolution book and that it be made part of these minutes:
Council Meeting Minutes
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October 28, 2003
RESOLUTION NO. 9395
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR
MOTORCYCLE, SNOWMOBILE, AND SMALL ENGINE REPAIR AND SALES AT
6S2S PENN AVI;NUI: $QUTH
Council Member Ulrich stated that a t~st driving stipulation would be nebulous.
Mayor Kirsch said the hours of operation to 8 p.m. are questionable.
Mr. Knutson said that he requested 10 a.m. to 7 p.m., but 8 p.m. is helpful. He added that
the Planning Commission said he could not surpass the noise ordinance.
Council Member Enger asked if the business was a one-man shop.
Mr. Knutson said he would like one more employee for service sales.
Council Member Sandahl stated the Planning Commission considered the fence too costly
so they chose to restrict the hours of operation.
Council Member Sandahl amended her motion in include a stipulation to provide and
maintain an over-sized pot with flowers at the north east corner of the building for the purpose of
landscaping and beautification improvements.
Council Member Ulrich accepted the amendment.
M/Sandahl, S/Ulrich that the followina resolution be adopted with stipulations A-H. that a
stipulation to provide and maintain an over-sized pot with flowers at the north east corner of the
buildina for the purpose of landscapina and beautification improvements be included. that it be
spread in the resolution book and that it be made part of these minutes:
RESOLUTION NO. 9395
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR
MOTORCYCLE, SNOWMOBILE, AND SMALL ENGINE REPAIR AND SALES AT
6525 PENN AVENUE SOUTH
Council Member Enger asked about renting to Mr. Knutson the HRA owned property at
Cedar Avenue and 72nd Street.
Community Development Director Palmborg said this property was already rented to a
tenant for storage and negative feedback was received from the neighborhood when the open
space was used.
Council Member Sandahl amended her motion to include a stipulation that this CUP shall
expire in one year and the applicant will need to reapply for a continuation.
Council Member Ulrich accepted the amendment.
M/Sandahl, S/Ulrich that the followina resolution be adopted with stipulations A-H. that a
stipulation to provide and maintain an over-sized pot with flowers at the north east corner of the
buildina for the purpose of landscapina and beautification improvements be included, and that it be
stipulated that this CUP shall expire in one vear and the applicant will need to reapplv for a
continuation. that it be spread in the resolution book and that it be made part of these minutes:
Council Meeting Minutes
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October 28, 2003
RESOLUTION NO. 9395
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RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR
MOTORCYCLE, SNOWMOBILE, AND SMALL ENGINE REPAIR AND SALES AT
6525 PENN AVENUE SOUTH
Mr. Knutson said a one-year CUP was reasonable.
Mayor Kirsch said this CUP was a difficult decision, but agreed to support it with the one-
year stipulation.
Council Member Enger asked about the City Council's power if complaints are received.
City Manager Orduno said the City Council could rescind the CUP.
City Attorney Thomson stated that if there is a violation of a specific condition or City
ordinance, the CUP will return to the City Council for review for possible rescinding or suspension.
Council Member Enger suggested staff stay on top of complaints from the three apartments
on Oliver Avenue or surrounding neighbors and investigate to determine if warranted.
City Manager Orduno said that is the standard procedure on all complaints.
Motion carried 4-1. (Rosenberg opposed.) This resolution appears as Resolution No. 9395
in Resolution Book NO.7 4.
Item #8
Mayor Kirsch presented Staff Report No. 244 regarding a resolution awarding the sale of
$710,000 General Obligation Capital Notes, Series 2003B.
Sid Inman, Ehlers and Associates, explained the bond sale details and that their
recommendation was to award the sale to Miller Johnson Steichen Kinnard Investment Securities,
Inc.
M/Kirsch, S/Rosenberg that the followino resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9396
A RESOLUTION AWARDING THE SALE OF $3,530,000
GENERAL OBLIGATION CAPITAL NOTES, SERIES 2003B;
FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION
AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT
Mayor Kirsch asked if the lower interest rate was a favorable impact on the tax levy.
Finance Manager Regis said the levy would reduce approximately $15,000 - $20,000.
Council Member Enger stated the City of St. Paul said Richfield could tag onto their
equipment purchases.
Finance Manager Regis said he would inform Randy Hughes, Operations Superintendent.
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October 28, 2003
Motion carried 5-0. This resolution appears as Resolution No. 9396 in Resolution Book No.
74.
Item #9
Council Member Sandahl presented Staff Report No. 245 regarding leased retail space in
the Richfield Ice Arena, 636 East 66th Street.
Council Member Enger stated he has had conversations with the public and suggested
Option 1 be withdrawn and set a three-year contract with Hat Trick at an average of $2200 per
month rent and an increase of 6% each subsequent year.
Recreation Services Director Topitzhofer said the original three-year lease is $2200 month
with no increases.
Council Member Enger s8.id Mr. Sachs, Hat Trick owner, would find a 6% increase per year
acceptable.
Recreation Services Director Topitzhofer said he and Mr. Sachs would need to re-negotiate
the lease agreement.
Council Member Enger said there is a need to let Mr. Sachs continue to supply services to
youth hockey and the City.
M/Sandahl, S/Rosenberg to approve Option 2 - a three-vear lease between the City of
Richfield and Hat Trick Hockey Inc.. consistinq of 1.900 square feet of space located in the
Richfield Ice Arena. 636 East 66th Street with no increase and revisit the lease aqreement in three-
years.
Council Member Rosenberg asked about the decline in hockey participation and its relation
to Richfield's second ice sheet.
Facilities Manager Payne provided a report on the ice usage and rental over the past six-
years. He said the statistics are within the proposed limits and is equal to other area rinks. He
added there is no decline in usage, but some decline in rentals.
Mr. Payne said Hat Trick has been a plus for the arena.
Council Member Enger asked about the decline in skate time for Richfield High School.
Mr. Payne explained the changes imposed by the coaches.
Council Member Sandahl asked about the use of the building for non-ice related events.
Mr. Payne explained there is ice in one rink year round and one rink is shut down for four to
five weeks for maintenance. He said the surface of the rinks when ice removed is not favorable for
other events.
Council Member Enger stated support for the three-year lease, but was reluctant to have no
increase since it is not prudent for a landlord not to expect some increase.
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October 28, 2003
Motion carried 5-0.
Dave Buzicky, 6933 Stevens A<f~ritI~ ~nd rep~~senting Richfield Youth Hockey Program,
explained the status of declining hockey enrollment and it's impact on the arena, including the
program being in transition due to demographics and population of the City, cost of the sport and
retention of participants. He said Hat Trick is the biggest contributor to the program to help lower
costs for the players. He stated support for the Hat Trick lease agreement.
Dan Linnihan, 6345 Logan Avenue, thanked the City Council for approving the lease
agreement because Hat Trick is of implicit value to the community.
Tom Sachs, Hat Trick owner, thanked the City Council for approving the lease.
Item #10
Council Member Enger presented Staff Report No. 246 regarding the selection of a
contractor to conduct low frequency noise monitoring along the eastern border of Richfield.
Council Member Enger said two proposals were received ranging from $38,400 (Fidell
Associates, Inc.) to $58,000 (Orfield Laboratories, Inc.)
Council Member Enger wondered why Wyle Laboratories, Inc. did not submit a proposal
since he had spoken with them previously. He suggested staff contact them and ask why they did
not respond.
Council Member Enger suggested that additional bids be sought. He said Fidell and
Associates should not be used because they previously conducted the airport noise study and the
proposal process should not appear rigged and because their noise study was not accepted by the
FAA. He said he liked the Orfield proposal, but it was high. He added it was important to remain
unbiased in considering the proposals.
Council Member Sandahl stated it may be worthwhile to accept the Orfield invitation to visit
their lab to become more educated on noise monitoring since no standards have been established.
She said Orfield believes the City's proposal to be na'ive in regards to what needs to be measured
and an entire noise impact may be more appropriate. She suggested the Request for Proposal
(RFP) be redeveloped.
Council Member Enger stated the RFP should have been written by an expert because
maybe some of the noise experts didn't understand it.
City Manager Orduno said the RFP asks for a highly technical study and moving quickly on
this study as directed by the City Council, did not work in the City's best interest. She said a delay
would allow the City Council to meet with the Orfield lab to get a clearer understanding of the
methodology. She added that waiting until spring to conduct the study may be better.
Council Member Enger asked if the FAA did not accept the Fidell noise monitoring results
because of their interpretation or the method used.
City ryJanager Orduno said probably both and the FAA found the results inconclusive. She
said the FAA exercised caution because results not only impact Richfield but nationwide.
Council Meeting Minutes
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October 28, 2003
M/Enger, S/Sandahl to reiect the two proposals received to conduct low frequencv noise
monitorinQ alonQ the eastern border of Richfield.
Motion carried 5-0.
M/Enger, S/Sandahl to postpone selection of a low frequency noise monitorinQ firm.
conduct a further study by visitinQ the Orfield labs to become better educated on monitorinQ
standards. prepare a more preci~eand d~finind)3FP and consider proposals from the new RFP.
Mayor Kirsch said a firm that was not involved on the original noise-monitoring panel should
be considered.
Motion carried 5-0.
Item #11
Council Member Sandahl presented Staff Report No. 247 regarding consideration of the
Mayor's appointment of a HRA Commissioner for a five-year term expiring October 2008 (Deferred
from October 14,2003).
Council Member Sandahl said Mike Sandahl is not interested in reappointment to the HRA.
She said there should be more City Council representation on the HRA.
M/Sandahl, S/Ulrich to appoint Mayor Kirsch to the HRA Commission for a five-year term
expirinQ October 2008.
Motion carried 5-0.
Item #12
M/Rosenberg, S/Enger that the followinQ claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
AlP Checks: 127430 - 127702
PAYROLL 36652 - 36762
TOTAL
$ 974,352.16
$ 426,548.29
$ 1,400,900.45
Motion carried 5-0.
Item #13
The City Council meeting was adjourned by unanimous consent at 9:17 p.m.
Date Approved: November 12. 2003
Council Meeting Minutes
I ~
C(~nol
Recording Secretary