05-28-02 Regular
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CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
May 28, 2002
The meeting was called to order by Mayor Kirsch at 6:30 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; John Enger; and Sue Sandahl.
Members
Not Present:
Gertrude Ulrich.
Samantha Orduno, City Manager; Steven Devich, Administrative Services
Director; Mike Eastling, Public Works Director; Bruce Palmborg,
Community Development Director; Jim Topitzhofer, Recreation Services
Director; Pam Dmytrenko, Assistant to City Manager; Cheryl Krumholz,
Recording Secretary; and Corrine Thomson, City Attorney.
M/Sandahl, S/Rosenberg to determine the absence of Council Member Ulrich as an
excused absence.
Staff Present:
Motion carried 4-0.
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
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Council Meeting Minutes
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May 28, 2002
M/Rosenberg, S/Enger to approve the minutes of the (1) Local Board of Equalization of
May 7,2002: (2) Special City Council Worksession of May 14, 2002; (3) Reqular City Council
Meetinq of May 14, 2002; and (4) Special City Council Meetinq of May 21, 2002.
Motion carried 4-0.
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Item #1
Assistant to the City Manager Dmytrenko explained the unique volunteer reading program
coordinated between the City and Richfield Intermediate School during the past year.
Eric Paulson, Richfield Intermediate School principal, thanked the City Council and City staff
for their support and participation in the reading program.
Ruth Schmeckpeper, Richfield Intermediate School Literacy Coordinator, expressed
appreciation for support of the program. She presented to Ms. Dmytrenko, Certificates of
Recognition for each City staff participant.
Ms. Dmytrenko presented a short video highlighting the students' special field trip to City Hall
on May 22 to end the program for the year.
The City Council thanked the school and City staff for their efforts.
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Council Member Sandahl requested a meeting notice for a Special City Council meeting on
June 8 at Richfield Intermediate School from 8:00 - 10:00 a.m. regarding the Senate District
Endorsing Convention.
Council Member Rosenberg asked staff to extend a thank you to Best Buy for removing the
harsh construction signs and replacing them with more appropriately worded signs.
Council Member Rosenberg requested staff conduct a survey of other cities regarding cat
leash laws. She also requested the City make cat owners aware that they should keep their cats in
their yards and, if problems, encourage calls to the City Councilor staff to report a loose cat.
City Manager Orduno said when a complaint is received, staff could talk to the cat owner.
Council Member Sandahl said a neighbor of Don Pablo's called her to report that Don Pablo's
had been shut down early the Sunday of the Cinco de Mayo celebration. She was concerned that the
noise reached that level especially when that issue was discussed with the owner when issuance of
the license was being considered by the City Council. She said next year the celebration hours may
be restricted or possibly not issue the license.
Item #2
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M/Rosenberg, S/Sandahl to approve the aqenda.
Motion carried 4-0.
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Council Meeting Minutes
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May 28, 2002
Item #3
A. Approved establishing June 11, 2002 for public hearing on business subsidy criteria and
redevelopment and tax increment financing plan for City Bella S.R. No. 134
B. Approved award of contract to Oertel Architects for architectural, planning and design
services for remodeling of Richfield Community Center in amount of $6,800 S.R. No. 135
C. Approved itinerant food license for July 4 celebration for B&D's Convenience Plus, 813 East
66th Street S.R. No. 136
M/Rosenberg S/Sandahl to approve the Consent Calendar.
Motion carried 4-0.
Item #4
None.
Item #5
City Manager Orduno reviewed Staff Report No. 137 regarding a resolution authorizing a
grant application through Metropolitan Council's Livable Communities Demonstration Program to
assist in preparing design and land use standards for the 87 db area.
Community Development Director Palmborg said an application was submitted for funding
to hire an acoustical consultant who would assist the City in developing land use and design
standards for structures within the 87 db low frequency noise area. He said the City's and
Metropolitan Airports Commission's noise consultants agreed that when the new runway is open,
low frequency noise will be severe and construction cannot be based only on the Uniform Building
Code since it needs to withstand low frequency noise.
Council Member Sandahl said she appreciated staff's creativity in finding alternative
funding.
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. 9185
RESOLUTION AUTHORIZING AN APPLICATION
FOR AN OPPORTUNITY GRANT THROUGH
THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM
Motion carried. 4-0. This resolution appears as Resolution No. 9185 in Resolution Book
No. 74.
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Council Meeting Minutes
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May 28, 2002
Item #6
City Manager Orduno reviewed Staff Report No. 138 regarding setting June 11, 2002 for a
Public Hearing and Second Reading on a proposed amendment to Chapter IX of the Richfield City
Code for phosphorus fertilizer use regulations.
M/Rosenberg, S/Sandahl to set a public hearinq and second readinq of the proposed
ordinance amendment reqardinq Phosphorous Fertilizer Use Requlations for June 11, 2002.
Motion carried 4-0.
Item #7
City Manager Orduno said the 1-494 westbound ramp from southbound 1-35W was closed
for six weeks as part of the Penn Avenue bridge construction. She said police would be stationed
at 76th Street/Knox Avenue and 76th Street/Penn Avenue to help with traffic flow during the
afternoon rush hour. She said there would be increased police patrols on Lyndale Avenue to
monitor speeding.
Council Member Enger said no signage was present directing traffic onto westbound
Crosstown as the detour route.
City Manager Orduno said the signage will be monitored and MnDOT will be contacted if
necessary.
Item #17
M/Rosenberg, S/Sandahl that the followinq claims and pavrolls be approved:
RICHFIELD BANK & TRUST COo
INT Checks: 110790- 115375
H/C 116039 - 116325
PAYROLL 30124 - 30293
TOTAL
$ 77,339.29
$ 2,152,029.21
$ 486,288.03
$ 2,715,656.53
Motion carried 4-0.
No one addressed the City Council.
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Council Meeting Minutes
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May 28, 2002
Mayor Kirsch announced the recess of the Regular City Council meeting to a City Council
Closed Executive Session to receive information regarding options in regards to the Supreme
Court decision on Thursday, May 23 in the Walser Auto Sales, Inc. vs Richfield HRA and City
lawsuit.
City Attorney Thomson explained procedure changes related to City Council Closed
Executive Sessions as a result of a recent Supreme Court decision on the open meeting law
matter with the City of Prior Lake. She said that before the City Council can adjourn into a Closed
Executive Session on any attorney/client privilege matter, the City Attorney must state the reason
why the meeting is closed.
City Attorney Thomson announced the City Council would adjourn to a Closed Executive
Session to discuss the Supreme Court decision on the tax increment financing litigation. She said
legal counsel needs to discuss with the City Council the remaining options, the strengths and
weaknesses of those options and the absolute need for confidentiality. She said there would be no
discussion of general impacts of the court decision that go beyond specific litigation options.
Mayor Kirsch adjourned the meeting at 6:56 p.m. to the Closed Executive Session in the
Executive Conference Room.
The City Council Closed Executive Session was called to order by Mayor Kirsch in the
Executive Conference Room at 7:01 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; John Enger; and Sue Sandahl.
Members
Not Present:
Staff Present:
Gertrude Ulrich.
Samantha Orduno, City Manager; Mike Eastling, Public Works Director;
Bruce Palmborg, Community Development Director; Cheryl Krumholz,
Recording Secretary (left at 7:03 p.m. after roll call); Corrine Thomson, City
Attorney; and John LeFevre, Kennedy & Graven.
The purpose of the meeting was to receive information regarding options in regards to the
Supreme Court decision on Thursday, May 23 in the Walser Auto Sales, Inc. vs Richfield HRA and
City lawsuit.
The Closed Executive Session is convened pursuant to M. S. 471.705.
The Closed Executive Session adjourned at 7:47 p.m.
Mayor Kirsch reconvened the Regular City Council meeting in the City Hall Council
Chambers at 7:49 p.m.
Mayor Kirsch asked if the City Council desired to make a motion resulting from the Closed
Executive Session.
Council Meeting Minutes
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May 28, 2002
No motion was made.
The Regular City Council meeting was adjourned by un.ani~.ous(\nseo/at 7:55 9,m.
Date Approved: June 11. 2002 ?:J;dVY? Al /~
Martin~ Kirs6tL/
MaQ~
~~~"
Cheryl Kfumho. r)
Recording Secretary
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