09-12-02 Regular
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CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 12,2002
The meeting was called to order by Mayor Pro Tempore Sandahl at 6:38 p.m.
Members Present:
Martin Kirsch, Mayor (arrived at 6:45 p.m.); Susan Rosenberg; Gertrude
Ulrich; John Enger; and Sue Sandahl.
Samantha Orduno, City Manager; Steven Devich, Administrative Services
Director; Bruce Nordquist, Acting Community Development Director; Dan
Scott, Public Safety Director; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Kevin McGinty, Fire Services
Director; Bill Fillmore, Liquor Operations Director; Chris Regis, Finance
Manager; John Stark, Community Development Manager; AI Payne,
Facilities Manager; Pam Dmytrenko, Assistant to City Manager; Cheryl
Krumholz, Recording Secretary; and Corrine Thomson, City Attorney.
Staff Present:
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Rosenberg, S/Ulrich to approve the minutes of (1) Special City Council Worksession of
Auqust 12, 2002; (2) Special City Council Worksession of Auqust 13, 2002; (3) Reqular City
Council Meetinq of Auqust 13, 2002; (4) Special City Council Meetinq of Auqust 21,2002; (5)
Special City Council Meetinq of Auqust 21, 2002; (6) Special City Council Meetinq of Auqust 27,
2002; (7) Special City Council Meetinq of Auqust 28, 2002; and (8) Special City Council Meetinq of
Auqust 28, 2002.
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Council Meeting Minutes
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September 12, 2002
Motion carried 4-0.
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Council Member Ulrich requested a Special City Council meeting notice be posted for the
Chamber of Commerce meeting on September 25, 2002 at noon at the Ft. Snelling Officers Club.
Council Member Rosenberg thanked Council Member Ulrich for organizing the Patriots Day
event at the Richfield VFW on September 11, 2002.
Council Member Rosenberg reported on Interchange West area property tax information for
1999 without Best Buy and 2003 with Best Buy. She asked staff to provide information on the budget
impact related to the increased Best Buy payable taxes.
Council Member Ulrich reported on three communication pieces prepared by Public Safety
that she found to be most helpful.
Mayor Kirsch arrived.
Council Member Ulrich reported on a recent meeting she and Council Member Sandahl had
with Senator Roger Moe and that she had with Senator Mark Dayton.
Council Member Sandahl stated that as a result of comments received during her door
knocking, and a way to improve the City's appearance, she suggested the City Council consider the
establishment of a Beautification Committee.
Mayor Kirsch stated support for establishing this committee.
Council Member Rosenberg reported she is currently working with the Historical Society,
Richfield Garden Club and the Chamber of Commerce to establish a Richfield Home and Garden
Club.
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Mayor Kirsch read a proclamation designating September 2002 "To Commemorate the
Anniversary of 9-11 Attacks with Special Recognition of Peace Officers, Firefighters and Military
Personnel" .
Mayor Kirsch reported on the City receiving the 2002 Age Odyssey Award for Increasing
Community Capacity for providing an excellent model for cities that want to become more age-
friendly and view older adults as a resource to the community. He said Richfield is the first City in the
State to receive this award.
Mayor Kirsch read a Certificate of Commendation from the State of Minnesota signed by the
Governor, in recognition of Richfield Increasing Community Capacity.
Mayor Kirsch acknowledged two Richfield residents who were recognized as part of the KARE
11 Who Care program for their volunteer efforts - Nel Swanson and Frank Johnson.
Item #1
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M/Ulrich, S/Sandahl to approve the aqenda.
Motion carried 5-0.
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Council Meeting Minutes
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September 12, 2002
Item #2
A. Approved resolution determining results of City Primary Election held on Tuesday,
September 10, 2002 S. R. No. 209
RESOLUTION NO. 9227
RESOLUTION DETERMINING RESULTS OF THE PRIMARY ELECTION OF THE CITY OF
RICHFIELD HELD ON TUESDAY, SEPTEMBER 10, 2002
This resolution appears as Resolution No. 9227 in Resolution Book No. 74.
B. Approved resolution establishing just compensation and authorizing the purchase of the
American Family Insurance building at 6700 Cedar Avenue (Airport Noise Acquisition
Program) S.R. No. 210
RESOLUTION NO. 9228
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING
PURCHASE OF REAL PROPERTY LOCATED AT
6700 CEDAR AVENUE AIRPORT NOISE ACQUISITION PROGRAM
This resolution appears as Resolution No. 9228 in Resolution Book No. 74.
C. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 3.
D. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 3.
E. Approved resolution appointing Paul Skaiem to the Richfield Tourism Promotion Board S.R.
No. 213
RESOLUTION NO. 9229
RESOLUTION APPOINTING A REPRESENTATIVE
TO THE BOARD OF DIRECTORS TO
THE RICHFIELD TOURISM PROMOTION BOARD, INC.
This resolution appears as Resolution No. 9229 in Resolution Book No. 74.
F. Approved itinerant amusement and itinerant food licenses for Richfield Visions, Inc., for
Richfield Cattail Days events, September 21, 2002 S. R. No. 214
Mayor Kirsch removed Item 2C from the Consent Calendar and placed in on the regular
agenda as Item 3.
Council Member Enger asked to remove Item 3D from the Consent Calendar and place it
on the regular agenda as Item 3.
M/Rosenberg, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0.
Council Meeting Minutes
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September 12, 2002
Item #3
Item 2C. CONSIDERATION OF APPROVAL OF RESOLUTION ESTABLISHING JUST
COMPENSATION AND AUTHORIZING THE PURCHASE OF THREE APARTMENT BUILDINGS
LOCATED AT 6328, 6344 AND 6400 CEDAR AVENUE (AIRPORT NOISE ACQUISITION
PROGRAM) S.R. No. 211
Council Member Sandahl said because of recent discussions with a resident in the area
adjacent to 18th Avenue, she is requesting a City Council Worksession to discuss policy issues
and property purchasing strategy for the Airport Noise Acquisition Program. She said this did not
mean the program will not move forward in this area, but to ensure policies are in order.
M/Sandahl, S/Rosenberg to table action on the resolution establishinq just compensation
and authorizinq the purchase of 6328, 6344 and 6400 Cedar Avenue and schedule a City Council
Worksession on September 24, 2002 to discuss policy issues and purchasinq strateqies for the
Airport Noise Acquisition Proqram.
Motion carried 5-0.
Item 2D. CONSIDERATION OF APPROVAL OF FIRST READING OF ORDINANCE
AMENDMENT TO RICHFIELD CITY ZONING CODE SECTIONS 536.11; 536.17; 536.19; 536.21;
AND 536.25 S.R. NO. 212
Council Member Enger questioned the amended State Statutes related to procedures
municipalities must follow when approving a rezoning.
City Attorney Thomson explained the zoning changes in some cases that will allow a simple
majority rather than a two-thirds vote of the City Council. She explained her concerns and reasons
for the proposed zoning code changes related to bringing the zoning codes into compliance with
State Statute. Ms. Thomson said some changes are related to minor amendments to a Final
Development Plan that would allow staff to approve administratively and not bring before the City
Council.
Council Member Enger said he did not agree with the minor amendment related to parking
lot changes being handled administratively. He stated the City Council needs to maintain more
control to changes in planned unit developments and conditional use permits, even if there are
minor changes.
Council Member Enger said he did not support reducing the $500 fee for a minor
amendment to a planned unit development to $250. He said he would like to hold the fee at $500
to try to hold taxes down. He said it doesn't make sense to have the City Council wanting to
increase fees one week and then staff suggesting a reduction in fees the next. He suggested
increase the fee for major amendments to $750.
Council Member Enger did not support changing allowable uses within each planned unit
development district to a guiding district, which corresponds to each planned unit development
district, because the original district use needs to be considered.
City Attorney Thomson explained instances where original district considerations would not
be practical, but rather what district to look to for use guidelines. She said the provisions provide
more protection with required public notices and an City Council extraordinary majority vote.
M/Rosenberg, S/Sandahl to approve the first readinq of an ordinance amendment to
Richfield City Zoninq Code Sections 536.19 and 536.25 to conform with State Statute 462.357 and
Sections 536.11, 536.17, 536.19, 536.21 and 536.25 to clarify rules reqardinq Planned Unit
Developments.
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Council Meeting Minutes
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September 12, 2002
Council Member Sandahl said the zoning code needs to comply with State Statute
guidelines. She stated support for staff to handle minor changes administratively. She added that
fees need to accurately reflect the time and effort spent and not be used to make money, but to
recover City costs.
Community Development Manager Stark stated the fee reduction is proposed because less
staff time is needed on minor changes. He said fees also need to be in line with neighboring
communities.
Council Member Ulrich stated she had concerns about changing parking lot configurations
and spaces because of current parking problems, but realizes minor changes wouldn't be too big
and could be handled administratively. She said anything that holds up the process, increases
costs. She stated support for the proposed changes because it speeds up the zoning process and
saves money.
Mayor Kirsch stated the Planning Commission has reviewed and approved the zoning code
changes.
Motion carried 4-1. (Enger opposed.)
City Attorney Thomson said staff would provide additional parking information at the public
hearing.
Mayor Kirsch requested the Planning Commission Chair attend the public hearing.
Item #4
City Manager Orduno reviewed Staff Report No. 215 regarding consideration of the 2002
Revised/2003 Proposed Budget resolutions adopting 2003 preliminary property tax levy, setting the
truth in taxation hearing dates, authorizing budget revisions, authorizing a revision of the 2002
budget of various departments and authorizing the use of Public Employees Retirement
Association Police and Fire Fund refund interest earning for police and fire expenditures.
City Manager Orduno stated the information related to the State imposed levy limit has now
been received. She said that the bottom line is a vast majority of Richfield homes will see a
reduction in their overall property tax. She said, tonight, the City Council needs to approve the
preliminary levy which is at the maximum and cannot be increased, but can be reduced.
City Manager Orduno explained the shift in cities revenue sources to the schools.
Administrative Services Director Devich presented information on the 2003 Proposed
Property Tax Levy (Clerk's File No. C-386). He discussed the tax capacity rate and fiscal
disparities impact under the current tax laws.
M/Rosenberg, S/Ulrich that the followinq resolutions be adopted, that they be spread in the
resolution book that they be made part of these minutes; and settinq the truth in taxation hearinq
dates for December 2, 2002 at 6:30 p.m. with continuation to December 9, 2002 at 6:30 p.m.:
RESOLUTION NO. 9223
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2003
Council Meeting Minutes
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September 12, 2002
RESOLUTION NO. 9224
RESOLUTION AUTHORIZING BUDGET REVISIONS
RESOLUTION NO. 9225
RESOLUTION AUTHORIZING REVISION OF 2002 BUDGET OF VARIOUS DEPARTMENTS
RESOLUTION NO. 9226
RESOLUTION AUTHORIZING USE OF PUBLIC EMPLOYEES RETIREMENT
ASSOCIATION POLICE AND FIRE FUND REFUND INTEREST EARNINGS FOR CERTAIN
POLICE AND FIRE EXPENDITURES
Council Member Rosenberg commended the majority of the City Council and the City staff
for their review of a difficult budget situation and trying to accommodate the tax changes.
Mayor Kirsch stated direction is given to staff at the annual City Council goal setting session
in January and they are to be commended for their efforts in preparing the budget.
Council Member Sandahl commented on the September 12 Sun Current Letter to the Editor
from a former City employee, Jennifer Verbrugge, as an excellent response to a difficult situation.
City Manager Orduno stated if additional local government aid (LGA) is lost, the City would
have to make more budget cuts or dip into reserves.
Council Member Enger questioned the following:
. Summary of investments
. Equipment certificates
. General Fund fund balance
. Formula to set amount of levy
. Tax capacity rate
. Determination of property tax valuations by Hennepin County
Administrative Services Director Devich and Finance Manager Regis responded to Council
Member Enger's questions.
Council Member Ulrich stated the budget needed careful monitoring so the City does not
borrow money to pay bills.
Council Member Rosenberg stated the City Council needs to take credit for making sure the
City remains solvent.
Council Member Sandahl gave credit to past City Council Members who approved tax
increment financing and that now a district is being decertified, which will bring money to the City.
Council Member Enger requested a City Council Worksession to review the tax levy
formula.
Council Member Enger stated the phrase "do less with less" is disturbing because people
who pay taxes don't like to hear that - it should be working smarter with less.
City Manager Orduno said reductions in service have been made, but the level of service is
near what has been expected in the past and shifted to what residents really want. She said the
quality of services is evaluated every year. She said the budget reductions have not been made to
burden the taxpayers.
Motion carried 4-1. (Enger opposed.) These resolutions appear as Resolution No.'s 9223,
9224, 9225 and 9226 in Resolution Book No. 74.
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Council Meeting Minutes
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September 12, 2002
Item #5
City Manager Orduno reviewed Staff Report No. 216 regarding the purchase of a new
cooling tower in the amount of $28,423.78 and a rebuilt compressor in the amount of $17,017.63
for Rink Two of the Richfield Ice Arena.
Facilities Manager Payne provided the background related to the purchases for the arena.
Council Member Rosenberg asked the life expectancy and guarantee for the cooling tower.
Mr. Payne stated water treatment affects the maintenance, but very rarely is the life less
than 20 years.
M/Rosenberg, S/Sandahl to authorize the purchase of a new coolinq tower in the amount of
$28,423.78 and a rebuilt compressor in the amount of $17,017.63 for Rink Two of the Richfield Ice
Arena from Gartner Refriqeration & Mfq. Inc.
Council Member Rosenberg said she supported the purchase because the ice arena is
important to the community and no revenue should be lost.
Council Member Enger said he believed the City was sold a bill of goods by the people who
wanted the second ice sheet and it doesn't pay for itself.
Mr. Payne said the losses with the ice second sheet are comparable to the losses with only
one ice sheet.
Council Member Rosenberg said she did not believe the second ice sheet was a bill of
goods and it has benefited the residents.
Council Member Enger clarified he supports the ice arena, but would have preferred the
purchase of new versus rebuilt mechanical equipment at the beginning.
Motion carried 5-0.
Item #6
Assistant to City Manager Dmytrenko provided background information related to the
establishment of the Minneapolis/St. Paul International Airport's (MSP) Noise Oversight
Committee.
M/Rosenberg, S/Sandahl to appoint Council Member Ulrich as the Richfield representative
on the MSP Noise Oversiqht Committee.
Motion carried 5-0.
M/Rosenberg, S/Kirsch to appoint Assistant to the City Manaqer Dmytrenko as the Richfield
alternate to the MSP Noise Oversiqht Committee.
Motion carried 5-0.
Council Meeting Minutes
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September 12, 2002
Item #7
City Manager Orduno reviewed Staff Report No. 218 regarding the appointment of a
Council representative to MOVE, an organization advocating increased funding to reconstruct 1-
494 and 1-35W.
M/Kirsch, S/Rosenberg to appoint Council Member Sandahl as the City's representative to
the MOVE orqanization.
Motion carried 5-0.
Council Member Sandahl said that being a member of MOVE does not mean serving on
their board.
City Manager Orduno said the City Attorney would review the appropriateness for the City's
continued membership.
Item #8
Mayor Pro Temporte Sandahl read the following youth commission appointments to fill
expiring or vacant terms:
ADVISORY BOARD OF HEALTH
Name
Gabriel HolI
Term Expires
August 31, 2003
HUMAN RIGHTS COMMISSION
Name
Kevin Davy
Jessica Lockwood
Term Expires
August 31, 2003
August 31, 2003
Name
William Reiff
Derek Kruse
FRIENDSHIP CITY COMMISSION
Term Expires
August 31, 2003
August 31, 2003
Mayor Kirsch thanked the Academy of the Holy Angels and Richfield High School staff for
their assistance and encouragement during this recruitment.
M/Sandahl, S/Rosenberg to appoint persons to fill the youth terms on the City's advisory
commissions.
Motion carried 5-0.
Item #9
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Council Meeting Minutes
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September 12, 2002
City Manager Orduno announced the Joint Airport Zoning Board is considering
amendments to the MSP Zoning Ordinance. A public hearing will be held at the Thunderbird Hotel
on September 26 beginning at 6:30 p.m. with an open house to answer questions at 5:30 p.m.
Council Member Sandahl said a reception related to the Lyndale-Hub-Nicollet tax increment
financing district decertification is scheduled for 6:00 p.m. on September 16, prior to the Regular
HRA meeting in the Council Chambers.
Council Member Sandahl requested a Special City Council meeting notice be posted for the
35W Solutions Alliance Legislative Candidate Forum on October 2 at 7:00 p.m. in Richfield City
Hall. She said the legislative candidates along the corridor north of the river are attending the
forum.
Item #13
MIRosenberg, SISandahl that the followinq claims and payrolls be approved:
RICHFIELD BANK & TRUST CO. 8-27-02
I NT Checks: 117962- 117998
HIC 117999 - 118319
PAYROLL 100500 - 164100
TOTAL
RICHFIELD BANK & TRUST CO. 9-10-02
I NT Checks: 118320- 118339
HIC 118340 - 118597
PAYROLL 32376 - 32536
TOTAL
Motion carried 5-0.
No one addressed the City Council.
$ 250,067.67
$ 2,261,672.23
$ 448,485.06
$ 2,960,224.96
$ 71,443.19
$ 795,465.32
$ 492,292.96
$ 1,359,201.47
The Regular City Council meeting was adjourned by unanimous ~ p.m.
Date Approved: September 24. 2002 :h;dvi0.4
Mart' . ~n
c~h~~4' y
Recording Secretary