04-09-02 Regular
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CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 9, 2002
The meeting was called to order by Mayor Kirsch at 6:30 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and
Sue Sandahl.
Staff Present:
Samantha Orduno, City Manager; Steven Devich, Administrative Services
Director; Mike Eastling, Public Works Director; Bruce Palmborg,
Community Development Director; Jim Topitzhofer, Recreation Services
Director; Bruce Nordquist, Housing and Redevelopment Manager; Bruce
Sylvester, Zoning Administrator; Sally Morton, Information Technologies
Manager; Chris Regis, Finance Manager; Cheryl Krumholz, Recording
Secretary; and Corrine Thomson, City Attorney.
Deb Heinecke, 7138 10th Avenue, speaking on behalf of Richfield dance program parents,
spoke in support of the program and encouraged continued City Council support, especially in
funding.
Helen LaPakko, 7250 Oak Grove Boulevard, spoke in support of the Richfield dance
program.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Rosenberg, S/Sandahl to approve the minutes of the (1) Special City Council
Worksession of March 26. 2002 and (2) Reqular City Council Meetinq of March 26. 2002.
Council Meeting Minutes
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April 9, 2002
Motion carried 5-0.
Item #1
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Sally Parsons, 2001 Chair, and Jackie Kawiecki, 2002 Chair, presented the Advisory Board of
Health 2001 Annual Report.
Mayor Kirsch said the collaborative effort with other communities is very effective and worth
while.
Council Member Ulrich emphasized that the people involved with the Advisory Board of
Health are professionals who volunteer hours of their time.
The City Council thanked the Advisory Board of Health for their work.
Item #1 A
Miss Richfield 2001-02 Ambassadors, Megan Eidsmo, Michele Heinecke and Erin Hankins,
promoted the 2002-2003 Miss Richfield program and encouraged participation in the event.
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Council Member Sandahl spoke about an article in the Star Tribune, April 6, entitled "Spotlight
on Richfield, Richfield expands housing options".
Council Member Rosenberg announced upcoming small community meetings to be held in
homes to discuss school activities and funding.
Council Member Rosenberg spoke about a recent article in the Star Tribune regarding the
limitations of referendums. She said the court decided in the City's favor regarding the referendum.
Council Member Ulrich said the Court of Appeals decision on the referendum confirms that
zoning and planning are to be handled in a comprehensive manner.
Mayor Kirsch stated that a two-hour City Council Worksession had been held earlier to review
the 2003 and beyond budget.
Item #2
Mayor Kirsch revised the agenda stating:
. Items 5 and 6 would be discussed in one public hearing; I
. Item 9 would follow Item 6; and
· Items 7 and 8 would follow the moved Item 9 and be discussed in one public hearing.
M/Ulrich, S/Rosenberg to approve the aqenda as amended.
Motion carried 5-0.
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April 9, 2002
Item #3
A. Approved first reading of ordinance amendment relating to City Council salaries and
scheduling public hearing and second reading for May 14, 2002 S.R. No. 78
B. Approved first reading of amendment to Chapter IV of Richfield City Code for erosion and
sediment control regulations and scheduling public hearing and second reading for May 14,
2002 S.R. No. 79
C. Approved first reading of amendment to Chapter IX of Richfield City Code for phosphorous
fertilizer use regulations and scheduling public hearing and second reading for May 14, 2002
S.R. No. 80
D. Approved first reading of amendment to Richfield's City Code/Zoning Ordinance by adding
Section 538 for floodplain management regulations and scheduling public hearing and
second reading for May 14, 2002 S.R. No. 81
E. Approved first reading of amendment to Chapter IV of Richfield City Code by adding Section
429 for storm water management regulations and scheduling public hearing and second
reading for May 14, 2002 S.R. No. 82
F. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 16A.
G. Approved resolution authorizing execution of Stipulation of Final Settlement for 6315 Cedar
Avenue, Parcel 3, Claim of Diamond Vogel North, Inc.; 66th Street/Trunk Highway 77
Interchange Project S. R. No. 84
RESOLUTION NO. 9161
RESOLUTION AUTHORIZING EXECUTION OF A
STIPULATION OF FINAL SETTLEMENT FOR 6315 CEDAR AVENUE
(PARCEL 3, CLAIM OF DIAMOND VOGEL NORTH, INC.)
(66TH STREET/TRUNK HIGHWAY 77 INTERCHANGE PROJECT)
This resolution appears as Resolution No. 9161 in Resolution Book No. 73.
H. Approved resolution authorizing execution of Stipulation of Final Settlement for 6315 Cedar
Avenue, Parcel 3, Claim of Eller Media Company; 66th Street/Trunk Highway 77 Interchange
Project S.R. No. 85
RESOLUTION NO. 9162
RESOLUTION AUTHORIZING EXECUTION OF A
STIPULATION OF FINAL SETTLEMENT FOR 6315 CEDAR AVENUE
(PARCEL 3, CLAIM OF ELLER MEDIA COMPANY)
(66TH STREET/TRUNK HIGHWAY 77 INTERCHANGE PROJECT)
This resolution appears as Resolution No. 9162 in Resolution Book No. 73.
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April 9, 2002
I. Approved auction service contract renewal between City of Richfield and Auction
Broadcasting Company of Minneapolis for transporting, storage, maintenance and sale of
forfeiture vehicles from Richfield Public Safety S.R. No. 86
Council Member Enger asked to remove Item 3F from the Consent Calendar and place it on
the regular agenda.
Mayor Kirsch removed Consent Calendar Item 3F and placed it on the regular agenda as Item
16A.
City Manager Orduno stated the phosphorous regulations (Item 3C) are the same as the
States decision - zero phosphorous. The City's effective date on this regulation is mid June 2002,
while the State's is January 1, 2004.
M/Rosenberg, S/Ulrich to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #4
City Manager Orduno reviewed Staff Report No. 87 regarding consideration of a resolution
related to a Housing Program Joint Powers Agreement and the issuance of revenue bonds relating
to residential group homes facilities on behalf of Fraser (MN non-profit corporation) under the
Municipal Housing Program Act and related statutes.
City Manager Orduno said Richfield is recognized as a participant in the agreement, but
Blaine is the seller of bonds. Richfield has no fiscal responsibility, but because group homes are
located in the City, a public hearing is required by State law.
M/Sandahl, 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:
RESOLUTION NO. 9163
RESOLUTION RELATING TO RESIDENTIAL GROUP HOME FACILITIES OWNED AND
OPERATED BY FRASER, A MINNESOTA NONPROFIT CORPORATION, AND THE ISSUANCE
OF REVENUE BONDS TO FINANCE THE COSTS THERE OF UNDER MINNESOTA
STATUTES, CHAPTER 462C, AS AMENDED, AND MINNESOTA STATUTES, SECTIONS
469.152-469.165, AS AMENDED, PURSUANT TO A JOINT POWERS AGREEMENT;
GRANTING PRELIMINARY APPROVAL THERETO; ESTABLISHING COMPLIANCE WITH
CERTAIN REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE OF
1986, AS AMENDED; GRANTING APPROVAL FOR ENTERING INTO A JOINT POWERS
AGREEMENT; AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO
Motion carried 5-0. This resolution appears as Resolution No. 9163 in Resolution Book No.
73.
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April 9, 2002
Item #5
City Manager Orduno reviewed Staff Report No. 88 regarding an ordinance amendment to
Richfield City Zoning Code Section 524 to create a service office zoning district and Staff Report
No. 89 regarding an ordinance amendment to Richfield City Code Section 416.07, Subdivision 2(c)
to create sign regulations for a new service office district. She said that Items 5 and 6 would be
presented together as one public hearing and that separate action would be taken on each
ordinance.
Donna Drummond, 6438 Knox Avenue, Planning Commission Member, reviewed the
purpose of a new zoning district for service office uses. She reviewed the Planning Commission
background for considering this ordinance amendment.
Council Member Ulrich asked if there was a concern about "spot" zoning.
Ms. Drummond said the service office district would not be located in the middle of a
residential area, but as a transition to residential. She said the service office district is a new
zoning option in addition to neighborhood commercial and general commercial districts.
Zoning Administrator Sylvester stated that any zoning proposal must be reviewed and
compared to the Comprehensive Plan, which provides guidance.
Council Member Ulrich asked about maintenance in the buffered areas.
Zoning Administrator Sylvester said Planning and Public Safety staff are reviewing the
zoning code regarding enforcement on maintenance issues.
Council Member Sandahl said the new service office district serves a function on a case-by-
case basis.
Council Member Ulrich asked if this new zoning district makes Richfield more liable in
cases where the developer may want to build in areas which are not appropriate.
Ms. Drummond said the Comprehensive Plan would be referenced, and if deemed
inappropriate, the City would have good grounds to deny the developer.
Bill Kilian, 6620 17th Avenue, Planning Commission Member, said the businesses desiring
extended hours are most interested in the service office zoning district.
M/Sandahl, S/Rosenberg to close both public hearinqs.
Motion carried 5-0.
Council Member Ulrich said she supported the proposed ordinance amendment, but was
not entirely comfortable because it may ease the path for the developer to come before the
Planning Commission and City Council.
M/Sandahl, S/Rosenberg that this constitutes the Second Readinq of Bill No. 2002-9.
amendinq Richfield City Zoninq Code Section 524 to create a Service Office zoninq district. that it
be published in the official newspaper and that it be made part of these minutes.
Motion carried. 5-0.
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April 9, 2002
Item #6
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City Manager Orduno reviewed Staff Report No. 88 regarding an ordinance amendment to
Richfield City Zoning Code Section 524 to create a service office zoning district and Staff Report
No. 89 regarding an ordinance amendment to Richfield City Code Section 416.07, Subdivision 2(c)
to create sign regulations for a new service office district. She said that Items 5 and 6 would be
presented together as one public hearing and that separate action would be taken.
M/Rosenberg, S/Sandahl that this constitutes the Second Readinq of Bill No. 2002-10.
amendinq Richfield City Code Section 416.07 Subdivision 2 (c) to create siqn requlations for the
new Service Office (SO-1) district. that it be published in the official newspaper and that it be made
part of these minutes.
Motion carried 5-0.
Item #9
City Manager Orduno reviewed Staff Report No. 92 regarding a resolution amending the I
Comprehensive Plan for increasing allowable densities from 12 units per acre to 15 units per acre
for parcels designated as high density single family residential.
Bill Kilian, 6620 17th Avenue, Planning Commission Member, reviewed the Planning
Commission's reasons for amending the Comprehensive Plan to allow greater densities along
arterial streets.
Donna Drummond, 6438 Knox Avenue, Planning Commission Member, said denser
housing would be only on major arterial streets.
Council Member Rosenberg said that in some instances, cluster homes may be the only
appropriate housing.
Council Member Ulrich asked about the cost of a unit in a cluster development.
Ms. Drummond explained there are many variables; more units per acre may make it more
affordable.
Council Member Ulrich said she hoped a cluster development unit is more affordable
because of the greater density.
Council Member Rosenberg said school board members are concerned if this type of
development will attract families with children. She said cluster homes may move people along the
life cycle to free up single family homes.
Council Member Sandahl said the number of levels in the home attracts different families.
She said she supported affordable and alternative housing.
Council Member Enger asked about the process used to determine the densities in current
housing developments.
Zoning Administrator Sylvester said a planned unit development was used and explained
how the densities were evaluated. He said the proposed Comprehensive Plan amendment does
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April 9, 2002
not determine the project size, but how many units per acre. He said smaller units do not need a
conditional use permit. He said the amendment allows easier building in higher densities.
Council Member Enger said he preferred more green space with any development.
M/Rosenberg, 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. 9164
RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN
CONCERNING ALLOWABLE DENSITIES IN AREAS DESIGNATED AS
HIGH-DENSITY SINGLE-FAMILY RESIDENTIAL
Motion carried 5-0. This resolution appears as Resolution No. 9164 in Resolution Book No.
73.
Item #7
City Manager Orduno reviewed Staff Report No. 90 regarding an ordinance amendment to
Richfield City Zoning Code Sections 521.07, 521.09, 521.11, 521.43, 521.45, 521.47, 521.65 and
521.69 regarding limits for density, setbacks and height for cluster home developments and Staff
Report No. 91 an ordinance amendment to Richfield City Zoning Code Sections 521.05, 521.13,
521.49 and 521.73 regarding allowable living space in detached garages in approved cluster home
developments. She said that Items 7 and 8 would be presented together as one public hearing
and that separate action would be taken on each ordinance.
Bill Kilian, 6620 17th Avenue, Planning Commission Member, reviewed the reasons for
amending the zoning code rules for cluster home developments to allow greater densities along
arterial streets. He said this amendment would maintain strict community and City Council review
of the regulations for townhome projects because a conditional use permit is required.
Mr. Kilian reviewed the purpose of the revised rules to allow living space over detached
garages in cluster home developments only.
Zoning Administrator Sylvester said living space in detached garages would be allowed on
only certain circumstances, only along arterial streets and only in cluster home developments.
Council Member Rosenberg asked if the garage space could be rental property.
Zoning Administrator Sylvester said yes, but only if conditions were met and the developer
states in advance so the space is counted for density. The space would also require inspection
and licensing.
Council Member Rosenberg clarified that living space in detached garages is only in cluster
home developments, not an addition to existing garages.
Council Member Enger said he is opposed to garage living space because of the potential
of multi-families living there. He also said parking would be a problem. He suggested additional
time for the City Council to consider the setbacks on cluster developments so there is no crowding
too close to existing homes and to allow more green space.
Zoning Administrator Sylvester said each project would be reviewed on an individual basis
through a conditional use permit.
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April 9, 2002
City Manager Orduno said the consideration of the zoning code amendment regarding
cluster home developments was a recommendation from the Planning Commission to the City I
Council. She asked if the definition of a cluster home development was as a single-family
neighborhood, would living units above a garage change the character of the neighborhood to
multi-family. She asked if the garage unit was changed to a rental unit later, does the
neighborhood become multi-family.
Zoning Administrator Sylvester said it depended upon how the garage space was used; if it
was rented as an accessory apartment, the area would be multi-family.
City Attorney Thomson said an independent living unit in the garage would not lawfully
satisfy the proposed zoning code amendment.
Council Member Enger said the garage living space might encourage multi-family living
arrangements.
Zoning Administrator Sylvester said the Planning Commission struggled with all the
concerns raised. He said providing living space in higher densities is not without complications.
Council Member Enger asked about the level of neighborhood input into this type of
development.
Zoning Administrator Sylvester explained the conditional use permit process including the
Planning Commission public hearing and the notification of neighbors within 350 feet of the
development.
City Manager Orduno asked about parking requirements in cluster home developments with
a unit above the garage.
Mr. Kilian said the developments are on arterial streets so there would be no parking on the I
street in the front of the building; all parking would be on site. He said the conditional use permit
requires parking to be addressed.
City Manager Orduno asked how parking space is defined in a cluster development with a
garage rental space.
Zoning Administrator Sylvester explained the cluster home parking requirements. He said a
two-car garage is guaranteed, and the remaining two-space arrangement could vary.
Council Member Ulrich asked about the process for a new owner to secure a conditional
use permit when a desirable owner who used the garage space as an office sells to an owner who
uses the garage space in a less desirable fashion.
Zoning Administrator Sylvester said the garage space goes with the cluster unit as originally
purchased, and if there was an association in the cluster development, they would address these
concerns.
Council Member Enger asked about enforcement if the development has more cars than
the permitted parking spaces. He also asked if the City could tell a developer that the cluster
development must have an association.
City Manager Orduno said that as a developer proceeds through the conditional use permit
process, the City could require them to have measures of control.
Council Member Enger said there are problems with parking in the City today and is
concerned about creating more.
Mr. Kilian said parking problems are not caused by these developments, problems already
exist in single family neighborhoods.
Dick Leaf, 6925 Knox Avenue, addressed the Council on a variety of concerns.
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April 9, 2002
Robert Hall, 7309 Oliver Avenue, said he did not support amending the agenda order
tonight because of how items relate to the Comprehensive Plan amendment. He said he did not
support cluster homes because they encourage transient residents. He said single family
homeowners remain in their home an average of seven years. Richfield's average is far longer.
He said developments like this cater to a market that Richfield has enough of already. He agreed
that the school district should be concerned about these developments. He asked if the City could
deny a developer even if the Comprehensive Plan would permit the development. He said he did
not support the living space over garages amendment because it was fraught with problems and
should be dismissed.
Roger Johnson, 7045 Bloomington Avenue, spoke against the cluster home and garage
living space amendments because of parking problems and rental property concerns.
M/Rosenberg, S/Sandahl to close both public hearinqs.
Motion carried 5-0.
Zoning Administrator Sylvester said the goal of the amendments is to increase density on
major streets and create more housing alternatives. He said no proposal would displace housing.
He said realtors report that higher density housing is occupied by young singles or seniors and this
frees up existing homes for families with children. He said parking is a challenge.
Council Member Rosenberg said the City requires the cluster association to address
parking problems. She said parking on the cluster home site would mean the association is
responsible for maintenance.
Council Member Sandahl said a cluster development may not appeal to everyone and one
may never be built, but alternative housing needs to be an option. She said she supports the
amendments and the City Council will decide if a development is appropriate when it comes before
them for approval. She said she sees traffic as a concern.
M/Sandahl, S/Rosenberg that this constitutes the Second Readinq of Bill No. 2002-11,
amendinq Richfield City Zoninq Code Sections 521.07. 521.09, 521.11,521.43,521.45, 521.47,
521.65 and 521.69 reqardinq limits for density. set-backs, and heiqht for Cluster Home
Developments. that it be published in the official newspaper and that it be made part of these
minutes.
Council Member Enger said a cluster development on a main thoroughfare might put
parking on side streets.
Council Member Rosenberg said there would be many restrictions and parking could be
designed through the conditional use permit.
Mayor Kirsch stated support of the cluster home development because housing options
need to be offered. He said there is an extensive review process by the Planning Commission and
City Council.
Motion carried 4-1. (Enger opposed.)
Item #8
City Manager Orduno reviewed Staff Report No. 90 regarding an ordinance amendment to
Richfield City Zoning Code Sections 521.07, 521.09, 521.11, 521.43, 521.45, 521.47, 521.65 and
521.69 regarding limits for density, setbacks and height for cluster home developments and Staff
Report No. 91 an ordinance amendment to Richfield City Zoning Code Sections 521.05, 521.13,
Council Meeting Minutes
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April 9, 2002
521.49 and 521.73 regarding allowable living space in detached garages in approved cluster home
developments. She said that Items 7 and 8 would be presented together as one public hearing
and that separate action would be taken.
M/Sandahl, S/Kirsch that this constitutes the Second Readinq of an ordinance amendment
to Richfield City Zoninq Code Sections 521.05, 521.13.521.49 and 521.73 reqardinq allowable
livinq space in detached qaraqes in approved Cluster Home Developments, that it be published in
the official newspaper and that it be made part of these minutes.
Council Member Rosenberg said she did not support the garage living space amendment
because there is no control over who or what is in the garage space and it may get out of hand.
Mayor Kirsch asked why this ordinance amendment was considered.
Zoning Administrator Sylvester said when the space was created, the Planning Commission
assumed it would be rented out so they wanted to create reasonable rules. He said the proposed
amendment does not require association rules.
Mayor Kirsch said association rules could control the use of the garage space.
City Attorney Thomson said the ordinance could impose restrictions on the garage space
permitted in developments only with an association.
Motion failed 1-4. (Rosenberg, Ulrich, Enger and Mayor Kirsch opposed.)
Item #10
City Manager Orduno reviewed Staff Report No. 93 regarding a resolution declaring
adequacy of a petition for improvement project, accepting prepared feasibility report and calling for
a public hearing on May 14, 2002. The owner of the property at 6305 Dupont Avenue has
expressed interest in paving a portion of the alley at the rear of the home.
Public Works Director Eastling provided background on the petition request and explained
the location of the improvement project. He said a separate petition was received from neighbors
with property adjoining the alley, asking for alley vacation.
City Manager Orduno said the following sentence in the resolution needed to be revised:
The Improvement Project, described to be necessary, cost effective and feasible in the feasibility
report prepared by the City Engineer, may be ordered by Council, not will be ordered by Council.
Niles Anderson, 6304 Colfax Avenue, addressed the City Council regarding snow plowing
and water drainage concerns.
Public Works Director Eastling said the alley is an adequate width for snow plowing and
potential water drainage problems have been addressed.
Council Member Enger asked how the alley had become partially vacated. He said it
appears to be platted all the way.
Public Works Director Eastling said the alley is a "T", which is unusual. He said the
improvements serve only the resident making the request.
MI Rosenberg, S/Ulrich that the followinq amended resolution be adopted, that it be spread
in the resolution book and that it be made part of these minutes:
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April 9, 2002
RESOLUTION NO. 9165
RESOLUTION DECLARING ADEQUACY OF
PETITION FOR AN IMPROVEMENT PROJECT;
ACCEPTING FEASIBILITY REPORT; AND
CALLING FOR A PUBLIC HEARING
ON THE IMPROVEMENT PROJECT
Motion carried 5-0. This resolution appears as Resolution No. 9165 in Resolution Book No.
73.
Item #11
City Manager Orduno reviewed Staff Report No. 94 regarding consideration of selection of
one of three ordinance alternatives for managing bus shelters and courtesy benches and a first
reading of selected ordinance alternative modifying section 805 of the Richfield City Code for bus
benches and shelters and scheduling a public hearing and second reading for May 14, 2002.
Public Works Director Eastling provided background on this matter and said staff is seeking
final direction. He said the issue is a community standard not a technical issue. He reviewed the
three options before the City Council.
Public Works Director Eastling said a letter was received from Metro Transit stating that
because of budget decisions, they are encouraging cities to work with private enterprises as they
consider additional transit shelters.
Council Member Ulrich questioned City Council control of advertising in ordinance
alternatives no. 1 and 2.
City Attorney Thomson recommended that language related to advertising be the same in
both proposed alternatives.
M/Sandahl, S/Rosenberg to accept alternative no. 1 for manaqinq bus shelters and
courtesy benches and approve the first readinq of the modified Section 805 of the Richfield City
Code for bus benches and shelters and schedule a Public Hearinq and Second Readinq of Section
805 on May 14. 2002.
Council Member Sandahl said she supported mass transit and the flexibility of benches and
shelters as traffic warrants them. She said garbage issues are addressed and she can live with
the advertising.
Council Member Ulrich said she did not support the motion because she cannot accept the
advertising. She said buses are on time so there is no need for shelters. She said if she could
eliminate billboard advertising, she would; more advertising should not be encouraged.
Council Member Rosenberg said considering the billboard advertising, the shelters
advertising should not make a huge difference. She said the constituents' needs are to be
considered.
Council Member Enger asked about liquor, tobacco and political advertising.
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April 9, 2002
City Attorney Thomson said tobacco advertising is banned, liquor has some federal
regulations; and political signs cannot be prohibited by the City. She said advertising content
raises constitutional questions.
Council Member Enger asked about the timeframe and limitations for shelter and bench
installation as it relates to competing applications. He asked if a larger than 100 square foot
shelter is anticipated.
Public Works Director Eastling said a larger shelter could be envisioned if there is a large
transit population, but it is remote at the current time.
Council Member Enger suggested a friendly amendment to the motion that Section 7,
Subd. 4 in the proposed ordinance be revised for second reading to include review of shelter size
by the Community Services Commission.
Council Member Enger said he did not have a problem with shelters, but does not want one
on every corner. He asked about the initial and renewal cost of permits, and the inspection fee for
the construction.
Public Works Director Eastling said the initial permit cost is $50, with renewals at $25;
inspection fees are not included. He said fees are reviewed annually and will include actual costs.
Council Member Enger said he does not support shelters replacing benches - one
business cannot be removed in favor of another.
Mayor Kirsch said he supports the proposed ordinance, but has advertising concerns.
Council Member Enger's friendly amendment was accepted by Council Member Sandahl
and Council Member Rosenberg.
M/Sandahl, S/Rosenberg to accept alternative no. 1 for manaqinq bus shelters and
courtesy benches and approve the first readinq of the modified Section 805 of the Richfield City
Code for bus benches and shelters and that Section 7. Subd. 4 in the proposed ordinance be
revised for second readinq to include review of shelter size bv the Community Services
Commission and schedule a Public Hearinq and Second Readinq of Section 805 on Mav 14, 2002.
Council Member Enger asked about the City's recourse related to distasteful advertising.
Public Works Director Eastling said there needs to be a close partnership between the City
and the shelter company regarding advertising.
City Manager Orduno said in some instances, freedom of speech becomes an issue.
Motion carried 4-1. (Ulrich opposed.)
Item #12
City Manager Orduno reviewed Staff Report No. 95 regarding a Memorandum of
Understanding between the City of Richfield and Minnehaha Creek Watershed District.
Public Works Director Eastling provided the background related to the Memorandum of
Understanding and explained the controversy related to a typical lot in relation to the adjoining
wetland at Milner Pond, Nerby Pond and Veterans Memorial Park of Richfield.
Council Member Enger asked if there was an effect on the Lyndale Lakes area.
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April 9, 2002
Public Works Director Eastling said the Memorandum of Understanding wouldn't change
the City's control with the Richfield-Bloomington Watershed Management Organization.
Council Member Ulrich said she favors more careful control than in the past, but not
necessarily the proposed setback. She expressed concern of contaminated water.
Public Works Director Eastling said there could be a wildlife habitat problem.
M/Sandahl, S/Rosenberg to approve the Memorandum of Understandinq between the City
of Richfield and the Minnehaha Creek Watershed District.
Motion carried 5-0.
M/Enger, S/Rosenberg to continue the City Council meetinq until all aqenda items are
completed. which may continue if necessary beyond the 11 :00 rule.
Motion carried 5-0.
Item #13
Housing and Redevelopment Manager Nordquist reviewed Staff Report No. 96 regarding
consideration of the transfer of $28,600 in Community Development Block Grant Funds for
remediation activity at Lake Shore Drive Condominiums.
M/Ulrich, S/Enger to approve the transfer of $28,600 in Community Development Block
Grant funds for a remediation activity at Lake Shore Drive Condominium.
Council Member Sandahl said she supported the use of the Community Development Block
Grant funds, but suggested an amendment to make $1000 a deferred loan to the homeowners
rather than a grant so the funds are repaid when the property is sold. She said this repayment
makes the funds available to the City again in the future.
Council Member Ulrich asked if the money would be considered a revolving loan fund.
Council Member Sandahl said yes.
Council Member Ulrich and Council Member Enger accepted Council Member Sandahl's
amendment to make the $1000 a deferred loan.
M/Ulrich, S/Enger to approve the transfer of $28,600 in Community Development Block
Grant funds for a remediation activity at Lake Shore Drive Condominium and to make $1000 a
deferred loan to the homeowners rather than a qrant so the funds are repaid when the property is
sold.
Motion carried 5-0.
Item #14
City Manager Orduno reviewed Staff Report No. 97 regarding consideration of an
appointment of LOGIS to provide financial management, human resources/payroll and utility billing
systems and support.
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April 9, 2002
Finance Manager Regis provided the background and options considered related to the
software and computer systems.
Council Member Sandahl said service is 100% important and it is very frustrating when
questions are not answered.
Council Member Enger asked why the legal department had not threatened a lawsuit since
the problems date back to 1996.
Information Technologies Manager Morton said that option was reviewed and considered
and staff decided litigation costs were not worthwhile. She said staff has been able to work around
the current system until now.
Council Member Enger said when comparing costs, it appeared wiser to stay with the
current system and force them into action.
Finance Manager Regis said intangible costs are the major factor.
Information Technologies Manager Morton said she is stunned at the poor customer
service.
Administrative Services Director Devich said staying with the current system would require
a $50,000 a year update to the financial module. He said the LOGIS system is developed in the
metro area.
City Attorney Thomson said she recalled issues with the current contract and a letter from
the attorney had been sent, but no response was received.
Mayor Kirsch said it wasn't an effective use of staff time to manually do work that another
system could do by computer.
M/Sandahl, S/Rosenberg to approve the appointment of LOGIS to provide financial
manaqement. human resources/payroll, and utility billinq systems and support.
Motion carried 4-1. (Enger opposed.)
Item #15
City Manager Orduno reviewed Staff Report No. 98 regarding a Stipulation of Settlement for
Bloomington Parcel 2, TCF Bank, of Penn Avenue Bridge Project.
M/Sandahl, S/Rosenberg to approve a Stipulation of Settlement for Bloominqton Parcel 2
(TCF Bank) of the Penn Avenue Bridqe Proiect subiect to City Attorney review and approval.
Motion carried 4-1. (Enger opposed.)
Item #16
City Manager Orduno reviewed Staff Report No. 99 regarding the appointment of
community-at-Iarge members to serve on the Transportation Task Force.
Council Member Ulrich said creation of a task force at this time is premature because the
Transportation Alliance reported a $2 billion cost for the 1-494/1-35W work, funding source has not
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Council Meeting Minutes
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April 9, 2002
been identified and construction is ten years away. She said the neighborhood could discuss this
matter, but she did not support $10,000 for a consultant or the formation of a task force. She also
clarified her position on the northbound 76th Street ramp at 1-35W the City Council should not
order Richfield Public Works to unilaterally close the ramp, but that the City should only take a
position.
Council Member Enger suggested MnDOT be asked to provide more concise funding
information. He said the 1-494 corridor construction is a design/build mode project. He said
MnDOT representatives have stated they do not have a problem with eliminating the 76th Street
ramp when the freeways are widened.
Council Member Sandahl said, if $10,000 was spent on a consultant, there is no guarantee
MnDOT would accept Richfield's proposal on the ramp.
Public Works Director Eastling said that Tony Heppelmann, WSB, engineering consultant
has a good understanding of the freeway system and could provide a report on the impact of the
76th Street ramp from a Richfield perspective.
Council Member Enger said he was not proposing the ramp closure today, but possibly in
the future.
Council Member Rosenberg asked if other Council Members have received calls from
residents on this matter.
Council Member Enger said he has received comments that the task force should consist of
a more localized group, not a city-wide representation. He said the ramp closing might not be
detrimental to local streets.
Council Member Rosenberg said local streets would be effected which is why she supports
west side representation on the task force.
Council Member Sandahl said she concurred with postponement of the creation of the task
force and is supportive of a plan to state the City's position. She said the closing of a freeway
ramp is a very important, city-wide issue.
M/Sandahl, S/Ulrich to postpone formation of the Transportation Task Force and that
MnDOT provide a status report reqardinq fundinq after the leqislature adiourns.
Motion carried 5-0.
Item #3F
Public Works Director Eastling provided background related to the Academy of Holy Angels
pond lease.
Council Member Enger asked if the proposed berm work and pipe removal were the proper
way for the City to handle a flooding problem.
Public Works Director Eastling explained the use of the overflow system and elevation of
pond.
M/Rosenberg, S/Sandahl to approve the Pond Lease Amendment between the City of
Richfield and the Academy of Holy Anqels and authorize the Mayor to siqn said Amendment on
behalf of the City.
Council Meeting Minutes
-16-
Motion carried 5-0.
Item #17
No report.
Item #18
M/Rosenberg, S/Sandahl that the followinq claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks: 110716-110724
HIC 114769 - 115082
PAYROLL 29448 - 29610
TOTAL
Motion carried 5-0.
No one addressed the City Council.
$ 93,307.67
$ 738,471.73
$ 478,725.14
$ 1,310,504.54
April 9, 2002
The meeting ~as adjourned by unanimous consent a!_2?~~p.~, fl. . . /J
Date Approved: Aprll 23. 2002 /?;;;;;/;;;R 1Y~fi
Madin-J. Kirscb./
M"i(Qr I -&
'am~o ~
City-Manager .J
(~~L d,~
Cheryl KrumhOlz .
Recording Secretary
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