11-12-03 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 12, 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; Mike
Eastling, Public Works Director; Jim Topitzhofer, Recreation Services
Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson,
City Attorney.
Russ Susag, 7305 First Avenue, spoke to the City Council regarding the FOWL Ball Golf
Klassic. He presented a plate for a trophy for the City Council for winning their competition.
Robert Hall, 7309 Oliver Avenue, spoke to the City Council regarding safety concerns
related to the location of the Kensington sales trailer on the corner of 77th Street and Lyndale
Avenue.
Mayor Kirsch said staff would review the location and safety issues.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Sandahl, S/Rosenberg to approve the minutes of Reoular City Council Meetino of
October 28. 2003.
Motion carried 5-0.
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November 12, 2003
Item #1
Council Member Sandahl presented to Richard Anglim, representing the American Legion,
a proclamation designating American Education Week in Ric;hfield, November 15-22, 2003.
Mr. Anglim thanked the City Council for their support.
Council Member Rosenberg said the City should be applauded for joining the Legion in
supporting education by approving the recent school referendum.
Item #2
John Easterwood, Charter Commission President, reported on the commission's 2003
accomplishments and 2004 proposed goals.
Mr. Easterwood explained, at the Mayor's request, the Charter Commission appointment
process conducted through the office of the Chief Judge of the Henn~pin County District Court.
The City Council expressed appreciation for the commission's solid work.
Item #3
Council Member Rosenberg reported on the affordable housing efforts of the Affordable
Housing Committee, including trying to maintain a balance of housing in the community.
Council Member Ulrich referenced a Star Tribune article regarding the effect loose cats have
on reducing the bird population.
Council Member Ulrich discussed the limitations of open burning in the City. She said she
would support revisiting the loose cats and open burning issues if the City Council agreed.
Council Member Sandahl reported on a recent Transportation Roundtable meeting where Jim
Oberstar spoke. She said Congress is facing the ~ame transportation issues as the State of
Minnesota.
Mayor Kirsch referenced a letter from Jim Bradley, Richfield High School Business Manager,
thanking the City Council for their support of the school referendum.
Item #4
None.
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November 12, 2003
Item #5
M/Ulrich, S/Sandahl to approve the aoenda.
Motion carried 5-0.
Item #6
A. Approved resolution granting off-street parking permit for 6300-6310 Penn Avenue S.R.
No. 249
RESOLUTION NO. 9397
RESOLUTION GRANTING AN OFF-STREET PARKING PERMIT
AT 6300 PENN AVENUE
This resolution appears as Resolution No. 9397 in Resolution Book No. 74.
B. Approved resolution designating City's contribution toward health, term life and dental
insurance premiums for General Services and Management employees S. R. No. 250
RESOLUTION NO. 9398
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE
PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES
This resolution appears as Resolution No. 9398 in Resolution Book No. 74.
C. Approved resolution authorizing amendments to Flexible Spending Account Plan
document S.R. No. 251
RESOLUTION NO. 9399
RESOLUTION AUTHORIZING AMENDMENT TO THE
CITY OF RICHFIELD HEALTH CARE AND DEPENDENT DAY CARE
FLEXIBLE SPENDING ACCOUNT PLAN
This resolution appears as Resolution No. 9399 in Resolution Book No. 74.
D. Approved first reading of ordinance rezoning property at 6300-6310 Penn Avenue from
Industrial to General Commercial S.R. No. 252
E. Removed from the consent calendar and placed on the regular agenda for
consideration as Item 7.
M/Rosenberg, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0.
Council Meeting Minljtes
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November 12, 2003
Item #7
6E. Consideration of approval of first reading of ordinance regarding franchise fees
on gas andelectric utilities and schedule public hearing and second reading for January 6,
2004 S.R. No. 259
City Manager Orduno reviewed the modifications made to the gas and electric franchise fee
ordinances distributed to the City Council tonight. She said legal obligations are met to conduct
the public hearings on December 16, 2003 at a Special City Council meeting.
City Manager Orduno explained that the waiving of permit fees with a franchise fee for the
gas utility is in the current franchise fee agreement and is consistent with other cities.
City Manager Orduno explained the City Council could review the ordinances by 2008 to
determine continuation, modification or termination of the fee.
Council Member Enger (isked if 2008 was discussed by the City Council.
City Manager Orduno said no, but a five-year period is consistent with other cities with
franchise fees and is past practice by the City.
M/Sandahl, S/Rosenberg to approve the first readinQ of the Gas and. Electric Franchise Fee
Ordinances and schedule a public heari'hQ and second readinQ for December 16. 2003.
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Motion carried 5-0.
Item #8
John Easterwood, Charter Commission President, presented Staff Report No. 253
regarding a second reading of an ordinance amending Sections 2.03 and 3.01 of the Richfield City
Charter.
Council Member Ulrich stated Charter Commission Member Edwina Garcia contacted her
to express her support for the proposep Charter amendments.
Robert Hall, 7309 Oliver Avenue, requested that based on their definitions, the word "shall"
should not be changed to "must" in the proposed Charter amendments.
Mr. Easterwood explained the formal language was changed to communicate the more
customary use.
City Attorney Thomson stated that, because the word "shall" can be either mandatory or
directory, the commission substituted the word "must" wherever the word "shall" was clearly being
used in a mandatory sense. She said if some occurrences of the word "shall" were not changed, it
could be an oversight or because the change would not fit the sentence intention.
Larry Wozniczka, 6744 Wentworth Avenue, asked for the meaning of "qualified" regarding
elected officers.
Mr. Easterwood stated that was not discussed by the Charter.
City Attorney Thomson explained that the elected official must be qualified for that office
according to City Charter and Minnesota Statute requirements.
Mr. Wozniczka stated this should be determined before the person is placed on the ballot
and by January 1, so the proposed change is not necessary. He said the change could possibly
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November 12, 2003
have a damaging effect on the newly elected official's pension. He stated support for sustaining
the January 1 meeting for newly elecl~~;~i~\~jrIS tOj:~~~;Y~~ their duties.
M/Rosenberg, S/Sandahl to close the public hearinQ.
Motion carried 5-0.
M/Sandahl, S/Rosenberg that this constitutes the second readinQ of Bill No. 2003-20
amendinQ Sections 2.03 and 3.01 of the Richfield City Charter. that it be published in the official
newspaper and that it be made part of these minutes.
Council Member Sandahl stated it made good sense to eliminate one extra meeting to save
staff and City Council time. She added the officials' terms are not shortened by assuming their
duties the first regular meeting in January because then their four-year term would continue in that
same timeframe.
Council Member Ulrich asked if candidates were determined to be qualified at the time of
filing for office.
City Attorney Thomson stated she wasn't sure about the filing, but the elected official must
qualify for office at the time the duties are assumed.
Council Member Enger stated he believed the candidate is qualified up to the point of
election and then re-qualified for the election in order to take office.
Mayor Kirsch called the question.
Council Member Enger requested a roll call vote be taken on all the proposed Charter
amendments before the City Council.
Motion carried 5-0.
Item #9
John Easterwood, Charter Commission President, presented Staff Report No. 254
regarding a second reading of an ordinance amending Sections 3.05, 4.07 and 6.02 of the
Richfield City Charter.
M/Rosenberg, S/Sandahl to close the public hearinQ.
Motion carried 5-0.
M/Ulrich, S/Rosenberg that this constitutes the second readinQ of Bill No. 2003-21
amendinQ Sections 3.05. 4.07 and 6.02 of the Richfield City Charter. that it be published in the
official newspaper and that it be made part of these minutes.
Roll call vote taken.
Motion carried 5-0.
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November 12, 2003
Item #10
John Easterwood, Charter Commission President, presented Staff Report No. 255
regarding a second reading of an ordin~nce amending Section 3.09 and various Sections of
Chapter 5 of the Richfield City Charter and consideration of a resolution authorizing a summary
publication of the City Charter amendment.
Ruth Jensen, 2011 West 67th Street, Richfield Charter Commission member, stated she
had no problem with tightening the ruJes on initiative and referendum (I & R), but she did have a
problem with raising the num.ber of people needed tosponSQr <:I petition bec!;luse it J:nak:e:s the
process unliKely to proceed. She said, historically, the current process has not been abused and
should not be changed as a knee-jerk reaction to the Nordmarken v City of Richfield issues. She
urged the City Council to not pass the proposeg qhflnges for Sections 5.04-5.08 of the Charter.
Deb Nordmarken, 6933 She.rida.n Avenue, stated opposition to the proposed changes
because it takes away the rights of the residents <:Ing doesn't believe it is good for the City. She
said the City Council is dictating to rather than r~pre.selJtin~ the residents.
Mr. Easterwood explained the Charter Commission discussions on this ordinance. The
commission members had generally agreed to most of the recommended changes but had
debated whether the number of petition committee members and number of signatures should be
increased. Some members felt that, in a representative form of government, I & R should be
difficult to exercise and requiring margin<:llly more signatures was not an unreasonable. Ultimately,
the commission had supported the proposed ordinancE3 10-1. He (ldded that no one is seeking to
remove the right to I & R.
Ms. Nordmarken asked for an explanation of needing "marginally" more signatures.
Mr. Easterwood explained the recommendations from the League of Women Voters
requiring 25 members for any committee sponsoring an initiative and signatures of 15% of
registered voters on initiative petitions. He added that different percentages compel different City
Council actions.
Larry Wozniczka, 6744 Wentworth Avenue, said the change in the number of signatures is
a nuisance and doesn't see a need to change since, in the past, there has not been an overrun on
petitions. He asked about the rights of statutory cities.
City Attorney Thomson stated statutory cities do not have a right to I & R.
Robert Hall, 7309 Oliver Avenue, stated he is strongly opposed to the proposed changes
because they are nothing more than an effort to stifle dissent. He said the suggestions may be
from the League of Women Voters, but three City Council Members are members so it may be
circuitous to have these changes made. He said it appears the overriding thoughts to the Charter
Commission are to have the Charter conform to State law.
Mr. Hall stated that a petition of registered voters equal to 2% of the votes cast in the City at
the last State Election or 2,000 registered voters, whichever is less, could force the proposed
ordinance adopting the charter amendment to go to the voters, but under the proposed charter
amendment, it would require 15 - 20% of the votes in the last election to use I & R.
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November 12, 2003
City Attorney Thomson explained the State Statute limitations on I & R.
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M/Rosenberg, S/Sandahl to dos'e' th~ public hearina.
Motion carried 5-0.
M/Sandahl, S/Rosenberg that this constitutes the second readina amendina Section 3.09
and various sections in Chapter 5 of the Richfield City Charter. that it be published in the official
newspaper and that it be made part of these minutes: and that the followina resolution be adopted,
that it be spread in the resolution book and that it be made part of these minutes:
RESOLUTION APPROVING SUMMARY PUBLICATION OF
AN ORDINANCE AMENDMENT TO SECTIONS 3 AND 5 OF
THE RICHFIELD CITY CHARTER WHICH PERTAINS TO
CITY GOVERNMENT
Council Member Sandahl explained reasons why the Charter Commission is proposing
these changes. The Nordmarken v City of Richfield referendum provided an opportunity for the
League of Women Voters to review the Charter's I & R process so the community's interests are
best served. She said the League of Women Voters recommendations to the Charter Commission
is representative government. The City Council listens to constituents and makes the best
decisions for Richfield. There are no lost rights to vote or be heard.
Council Member Ulrich stated the League of Women Voters has a long-standing interest in I
& R. She said I & R should not be used without great consideration and that an increase in the
number of signatures is not that onerous because if the change is truly wanted, a strong effort
should be put into obtaining the signatures.
Council Member Rosenberg stated no rights are taken away and to determine the accuracy
of signatures on an I or R petition is costly. She said if the issue is serious, the signatures will be
obtained.
Council Member Enger asked about the I & R requirement Statewide.
City Attorney Thomson said Minnesota has no I & R at the Statewide level. Past attempts
to add statewide I & R have failed.
Council Member Sandahl explained the differences between Initiative and Referendum.
Council Member Rosenberg asked President Easterwood about the Charter Committee
vote on this change.
Mr. Easterwood said the vote was taken by roll call and was 10-1 to approve.
Council Member Enger said a greater burden is placed on the residents if the amount of
signatures is increased. He expressed opposition to the proposed changes, stating they are wrong
and should stay the same so it remains as easy as in the past for residents to challenge issues and
to give residents as much freedom as possible in the democratic process. He said the process has
not been abused in the past and he is aware of it being used only one time.
Council Member Rosenberg asked Council Member Enger why he approved first reading
on October 14 when he has issues with the proposed changes. She said publication costs would
have not been incurred for this public hearing if the first reading had been removed from the
Consent Calendar for more discussion or he would have stated no support for the changes. She
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November 12, 2003
added there would be more costs fot another public hearing if this ordinance is to be re-
considered.
Council Member Enger stated he approved the first reading so the public could be heard on
these changes. He said the public tried to be heard at the last zoning referendum, but was
ignored. He stated opposition to stiffening any of the I & R rules.
Mayor Kirsch stated the cost for the notice of public hearing for Chapter 5 was $1200. He
expressed support for the proposed changes and the review by the Charter Commission and
League of Women Voters. He $9id that if the issue is important, the time and effort should be
spent on getting signatures.
Council Member Ulrich said she has received no phone c911s and no one from the public
has discussed this with her in public so the public ml!st be willing to go with the City Council's
decision on this issue.
Council Member Sandahl said she r~~eived one phon~ call.
Council Member Rosenberg said if this amendment is not approved by the City Council, it
goes back to the Charter Commissiorlfor furth~r review and it can be placed on the ballot.
Council Mem/:)er Enger asked if it was groven or alleged that those gathering the signatures
on the previous zoning referendum V\fEm:~ misr~pr~senting the issues.
City Attorney Thomson state<:i an alternative recomm~ndation for the City Council would be
to continue consideration of this ordinance to a future City Council meeting and refer back to the
Charter Commission the provisions not receiving unanimous support - the number of the
committee and the number of signatures on the p~tition. She said she would determine whether
the Council could act on a revised prqposal without re-publishing the ordinance.
Council Member Sandahl asked Council Member Enger if he would support 25 not 5
committee rnenibers sponsoring an initiative.
Council Member Enger said no.
Council Member Sandahl and Council Member Rosenberg withdrew th~ original motion.
M/Sandahl, S/Rosenberg to continue consideration of the proposed ordinance. refer it back
to the Charter Commission review and return to the City Council for consideration in mid-February
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to fulfill publication requirements. '." ' " , . . '
Roll call vote taken.
Motion carried 5-0.
Item #11
John Easterwood, Charter Commission President, presented Staff Report No. 256
regarding a second reading of an ordinance amending Section 6.01 of the Richfield City Charter.
M/Rosenberg, S/Sandahl to close the public hearinq.
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November 12, 2003
Motion carried 4-0. (Ulrich ab~e.nt.L,..
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M/Rosenberg, S/Sandahl that this constitutes the second readinq of Bill No. 2003-22
amendinq Section 6.01 of the Richfield City Charter to come into compliance with State law, that it
be published in the official newspaper and that it be made part of these minutes.
Council Member Sandahl said it made good sense to conform with State law.
Council Member Enger asked about the number of years since the State required residency
for employees.
City Attorney Thomson explained the current Statute changes and the exceptions to
residency.
Council Member Ulrich said the Minnesota Supreme Court found the residency requirement
non-enforceable at least 25 years ago.
Council Member Enger asked about the possibility of cities offering optional incentives such
as more pay, for employees to live in the city where they work. He said he personally felt the City
Manager should live in the City they manage and he would be willing to offer an incentive to the
City Manager.
City Attorney Thomson said incentives might be possible if they are optional and are not in
conflict with State Statute.
City Manager Orduno stated no such incentive is in Minnesota, but some other states have
housing incentives. She explained the potential conflict with State law that limits the City Manager
salary to not more than 95% of the Governor's salary.
Council Member Enger said the City could offer a City Manager 95% of the salary if living in
Richfield and 90-92% if a non-resident.
City Attorney Thomson said she could study this issue further if directed to do so by the City
Council.
Council Member Enger said he'd like a study done.
City Manager Orduno said most City Managers in the metro area do not live in the city they
manage. She reviewed her attempts in trying to find a house in Richfield.
Council Member Sandahl asked Council Member Enger that as a City of St. Paul employee,
would he move there if there was an incentive provided.
Council Member Enger said possibly.
Roll call vote taken.
Motion carried 5-0.
Council Meeting Minutes
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Novemqer 12, 2003
Item #12
John Easterwoqd, ChClrter Cqmmission President, presented Staff Report No. 257
regarding a second reading of an ordinClnc;e artrenqing Sections in Chapter 7 of the Richfield City
Charter and consideration of a resqlution authorizing a summary publication of the City Charter
amendment.
Larry Wozniczka, 6744 Wentworth Avenue, requested the City Council retain the original
language of "full control" insteag of "controls" in Section 7.01 because it sounds like the authority of
the elected officials is being given away. He requested retention of the original Section 7.05
because he wished there werepublicheatings on the budget with a readable document for the
public to review.
Robert< H~U, 7~09 Oliver Avenue, stated he had the same points as Mr. Wozniczka. He
added that at a minimum, it shoulqPe stCl.teP the public "can" (require), not "may" (permit) provide
public input.
Mr. Hall said budget comments should be discussed as proposed so there is time to react
before the final City Council vote. He expressed concern regarding elimination of the City Manager
requiring a detailed break out of the proposed budget expenditures from department heads
because this information is vitally important.
Deb Nordmatk'en, 6933 Sh~idan Avenue, stated the City Council is closed-minded on the
issues and has already made up their mind before the public hearing. She said residents need
more opportunities to voice their opinion on the budget.
Mayor Kirsch stated that public ~ttend~nce at th$ Truth-in-Taxatiqn meetings is minimal.
City Manager Orduno stated it is nqt unusual to have an item removed from the Consent
Calendar for additional discussion. She fldded the proposed amendment cquld have been
deferred to a Worksession and with nO puplicCltion costs incurred.
Council Member Rosenberg stated this City Council has never disallowed public input.
City Attorney Thomson stated that the changes are proposed to clarify and make the
budget process easier to understand and follow.
City Attorney Thomson said, in reference to Mr. Wozniczka's comments, there'is no change
in the City Council's authority over financiClI aff~irs.
City Attorney Thomson said, in reference to Mr. Hall's comments, the proposed changes to
Section 7.05 simplify but do not dictate the form of the budget and states the City Manager must
consult department heads. She said the form of the budget is governed by Section 7.06.
City Attorney Thomson said, in reference to Mr. Hall and Ms. Nordmarken's comments, that
Section 7.05 currently provides that the City Manager, not the City Council, holds hearings on the
proposed budget, and the City Council holds a public hearing under Section 7.07. She said the
charter commission felt it was appropriate for the City Council to hold informational meetings under
Section 7.05 and also the public hearing as required in Section 7.07.
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November 12, 2003
M/Rosenberg, S/Sandahl to close the public hearino.
Motion carried. 5-0.
M/Sandahl, S/Rosenberg that this constitutes the second readino of Bill No. 2003-23
amendino various sections in Chapter 7 of the Richfield City Charter, that it be published in the
official newspaper and that it be made part of these minutes; and 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. 9400
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE AMENDMENT TO SECTION 7 OF THE RICHFIELD
CITY CHARTER WHICH PERTAINS TO CITY GOVERNMENT
Council Member Sandahl said that in Section 7.05, the use of "may" implies the City
Council can refuse people to speak, but the use of "must" implies it is allowed.
City Attorney Thomson stated that was not the intent of the change. She said any changes
made by the City Council to the ordinance must go back to the Charter Commission for their
consideration before the City Council takes final action.
Council Member Sandahl said a public hearing requires a published notice, which costs
money, but a public meeting is posted with no expense.
City Attorney Thomson stated all City Council meetings are public.
Council Member Sandahl asked about the number of budget meetings held this year.
City Manager Orduno said five so far.
Council Member Rosenberg stated the $2800 spent on publishing the notice of public
hearing was required and had nothing to do with a decision by the City Council.
Roll call vote taken.
Motion carried 5-0. This resolution appears as Resolution No. 9400 in Resolution Book No.
74.
City Attorney Thomson clarified a clerical error in Section 7.06, iv Miscellaneous. The word
data should be inserted to replace expl:m3tory m3teri31. She said this change does not affect the
publishing of the ordinance.
Item #13
John Easterwood, Charter Commission President, presented Staff Report No. 258
regarding a second reading of an ordinance repealing Sections 8.04 and 8.05 of the Richfield City
Charter.
Larry Wozniczka, 6744 Wentworth Avenue, requested the retention of these Sections
because removal would frustrate the public's suggestions on projects. He said this Section was an
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N.ovember 12, 2003
additi.on t.o the Charter after the maintenance facility was planned at Vets Mem.orial Park and the
City is at a Similar cr.ossroads p.oint in discussing the new City Hall building. Retaining the .original
provision w.ould enhance an .opp.ortunity f.or the public t.o speak on the proj13ct with.out disdain.
R.obert Hall, 7309 Oliver Avenu~, stated it was important to point out the residents voted
80/20 against a new Community Center. He sta,t~cl he clicl not support removal bf these Sections
because it w.ould n.ot provicle an 9.' tm.ortunity. t.o vote .on these type projects.
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Woody Duvlea, 7345 Lyndale Avenue, stated the commission's supported removal of these
Sections because there are many checks ancl balances already in place. He questioned how the
problem with projectsc-ome about if these Checks are in place. He said the amounts in the Charter
are not today's d.ollars-and Syggested amounts be changed not the Sections. He suggested
m.odifying the c.onditi.ons, but not eliminating them.
M/Rosenberg" S/Sandahl t() ~I.os7 the.~~blic hearinQ.
Motion carried 5-0.
M/Sandahl, S/Rosenberg that this c.onstitutes the second readinQ .of an .ordinance repealinQ
Sections 8.04 and 8.05 .of the Richfield City Charter. that it be published in the .official newspaper
and that it be made part .of these minutes. ',. L'<,;.... " " '.' .... '. . ...." '.' . .
Council Member Enger stated the p.oints made, e$p~cjally by Mr. Duvlea, were valid and
suggested raising the amounts in the Secti.ons.
Mr. Easterw.o.od said raising the am.ounts was discussed by the commission. He added that
what the. c.ommissk>n sought t.o address is already being done through the budget process.
C.ouncil Member Enger said he preferred raisin,g the amounts and n.ot eliminating the
Sections. He suggested the ordinance be sent back to the Charter Commissi.on for their
consideration .of revising the d.ollar al1lPynts t.o be m.ore realistic .of t.oday's value.
Council Member Sandahl stated these Secti.ons were clearly a reacti.on to the maintenance
facility and tree removal issue. She said these, Secti.ons create one extra layer of cost because an
additional public hearing is required when the City is trying to keep costs down. She stated
sllpport for eliminating the Sections.
Council Member Enger said providing service is publishing a n.otice f.or a project this size.
Mayor Kirsch said the Sun Current wOllld include. inf.orm~tion.
Council Member Enger said it would be unkn.own what a newspaper would print.
C.ouncil Member Sandahl stated that the publishing c.ost f.or this public hearing would have
been saved if the Charter amendment had been discussed at first reading.
R.oII call vote taken.
Motion failed 4-1. (Enger opposed.) The motion failed because the adoption of an
amendment of the City Charter must be by a unanimous vote of the City Council.
Council Meeting Minutes
Item #14
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November 12, 2003
M/Rosenberg, S/Sandahl that the followina claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
AlP Checks: 127703 - 128018
PAYROLL 36763 - 36874
TOTAL
Motion carried 5-0.
Item #15
$ 655,884.80
$ 421,339.63
$ 1,077,224.43
The City Council meeting was adjourned by unanimous consent at 9:08 p.m.
Date Approved: December 9. 2003
Ch~~~h~
Recording Secretary