02-28-06 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minn sota
Regular Meeting
February 28, 2006
The meeting was called to order by Mayor Kirsch at 6:31 p.m.
Members Present:
Martin Kirsch, Mayor; Sue Sandahl; and Bill Kilian.
Members
Not Present:
Staff Present:
Susan Rosenberg; and Fred Wroge.
Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce
Palmborg, Community Development Director; Chris Regis, Finance
Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson,
City Attorney.
M/Sandahl, S/Kilian to excuse the absence of Council Member Rosenbera and Council
Member Wroae from the February 28.2006 Special City Council Worksession and Reaular City
Council Meetina.
Motion carried 3-0.
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
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February 28, 2006
M/Kilian, S/Sandahl to approve the minutes of (1) Special Concurrent City Council/Richfield
School Board Worksession of Februarv 6. 2006: (2) Special City Council Meetina of Februarv 6.
2006: (3) Special Concurrent City CouncillTransportation Commission Worksession of Februarv
14,2006: and (4) Special City Council Closed Executive Session of Februarv 14. 2006.
Motion carried 3-0.
Item #1
Council Member Kilian stated the semaphores at 66th Street and Cedar Avenue should be
operating soon.
Council Member Sandahl stated precinct caucuses are on March 7.
Item #2
Council Member Kilian requested the agenda be amended to add a resolution in support of
municipal eminent domain authority for City Council consideration.
Mayor Kirsch made this Item 6A.
M/Sandahl, S/Kilian to approve the aaenda as amended.
Motion carried 3-0.
Item #3
A. Approved first reading of amendments to Richfield City Code Section 416 to define sign
criteria for new mixed-use districts, 1-494 Corridor, and schedule public hearing and second
reading for March 28, 2006 S. R. No. 41
B. Approved first reading of amendment to Richfield City Code Appendix D to establish fee for
site plan review in districts where required by ordinance and schedule second reading for
March 14, 2006 S.R. No. 42
C. Approved resolution amending 2005 General Fund Budget by transferring appropriations
from Legislative/Executive Department to Public Safety and Fire Departments S.R. No. 43
RESOLUTION NO 9733
RESOLUTION AUTHORIZING REVISION OF 2005 BUDGETS OF VARIOUS DEPARTMENTS
This resolution appears as Resolution No. 9733 in Resolution Book No. 75.
D. Approved resolution authorizing Agreement No. 89247 among City of Richfield, Soo Line
Railroad Company, Progressive Rail, Inc., and Minnesota Department of Transportation for
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February 28, 2006
Richfield to provide power for and maintenance of tunnel lighting for overhead bridge
carrying 1-35W over Soo Line Railroad tracks in Richfield S.R. No. 44
RESOLUTION NO. 9734
RESOLUTION AUTHORIZING APPROVAL OF BRIDGE NO. 27V74 TUNNEL LIGHTING
AGREEMENT NO. 89247 AMONG THE MINNESOTA DEPARTMENT OF TRANSPORTATION
(MN/DOT), SOO LINE RAILROAD COMPANY, PROGRESSIVE RAIL, INC., AND THE CITY OF
RICHFIELD FOR INSTALLATION, ELECTRICAL SOURCE, AND LONG-TERM MAINTENANCE
OF THE TUNNEL LIGHTING.
This resolution appears as Resolution No. 9734 in Resolution Book No. 75.
E. Approved resolution establishing authority for Health Care Savings Plan for International
Association of Firefighters, Local 1215 bargaining unit employees S.R. No. 45
RESOLUTION NO. 9735
RESOLUTION APPROVING LETTER OF AGREEMENT BETWEEN THE CITY OF RICHFIELD
AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1215 ESTABLISHING A
POST RETIREMENT HEALTH CARE SAVINGS PLAN
This resolution appears as Resolution No. 9735 in Resolution Book No. 75.
F. Approved purchase of new Chevrolet Silverado 1500 4x4 (1/2 ton) pickup truck from Thane
Hawkins Polar Chevrolet for use by Recreation Department at Wood Lake Nature Center in
amount of $18,196 plus tax and license S. R. No. 46
G. Approved purchase of new Chevrolet Silverado 2500 HD 4x4 (3/4 ton) pickup truck from
Thane Hawkins Polar Chevrolet for use by Park Maintenance Division in amount of
$18,888.75 plus tax and license S.R. No. 47
H. Approved new taxi license for Ambassador Limousine and Taxi Service L TD, 207 North Main
Street, Blue Earth, MN S.R. No. 48
Mayor Kirsch stated the City participates in the State of Minnesota Cooperative Purchasing
Program to obtain better prices on vehicles.
M/Sandahl, S/Kilian to approve the Consent Calendar.
Motion carried 3-0.
Item #4
None.
Item #5
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February 28, 2006
Council Member Kilian presented Staff Report No. 49 regarding a resolution authorizing
transfer of $100,000 from General Fund to Central Garage Relocation Capital Project Fund for
purchase of land for new City Maintenance Facility.
M/Kilian, S/Sandahl that the followina resolution be adopted, that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9736
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE
CENTRAL GARAGE RELOCATION CAPITAL PROJECT FUND
City Manager Devich said the City is fortunate to have a budgeted year-end fund balance to
pay for this purchase.
Mayor Kirsch asked when the due diligence period ends.
City Manager Devich answered it ends in mid April 2006.
Motion carried 3-0. This resolution appears as Resolution No. 9736 in Resolution Book No.
75.
Item #6
Council Member Sandahl presented Staff Report No. 50 regarding a resolution approving
amendment to 2005-06 labor agreement between the City of Richfield and the International
Association of Firefighters, Local 1215.
M/Sandahl, S/Kilian that the followina resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9737
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH INSURANCE PREMIUMS
FOR EMPLOYEES COVERED BY THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215
Motion carried 3-0. This resolution appears as Resolution No. 9737 in Resolution Book No.
75.
Item #6A
City Manager Devich explained the resolution distributed to the City Council tonight was
prepared by the League of Minnesota Cities (LMC) and Association of Metropolitan Municipalities
(AMM) for consideration by cities. The resolution is a result of the eminent domain (condemnation)
court decision in the Kelo vs New London, CT case. The Minnesota Legislature is considering
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February 28, 2006
legislation this session that could cause cities to lose significant authority to use eminent domain,
especially fully developed cities.
Mayor Kirsch asked how many times Richfield has used eminent domain. He said many
people believe the City has abused this authority.
City Manager Devich stated Richfield has used eminent domain very sparingly over the
course of all the redevelopment done in the City.
Community Development Director Palmborg explained that eminent domain is a tool of last
resort but sometimes it is necessary in order to proceed with redevelopment projects and activities
to achieve the City's goals. It has not been necessary to use eminent domain for residential, single
family homes in redevelopment projects. It has been used for some commercial property.
Community Development Director Palmborg also clarified that the unfounded stories floating
around continually regarding the Best Buy project that the City used condemnation on the homes
are not true. There were also about seven apartment buildings that were not condemned. Only two
car dealerships under the same ownership were condemned.
Mayor Kirsch stated the public needs to understand that the HRA may authorize staff to
proceed with eminent domain but it is a long court process that may ultimately result in
condemnation not being necessary.
Mayor Kirsch said that if a whole block is trying to be bought out, one or two holdouts is not
fair to the rest of the block. He expressed support for the resolution before the City Council so cities
aren't tied up and not able to redevelop. If second and third ring suburbs cannot redevelop, all
developments will surface on the other side of the river instead of upgrading the core metropolitan
area.
Council Member Kilian stated he was a member of a recent LMC press conference at the
Capitol regarding eminent domain. In some ways, eminent domain has been blown out of
proportion. Considerable development gets done without using eminent domain. He agreed it was
a disservice for one or two people to hold up progress on a project.
Council Member Sandahl reported the LMC survey results on the use of eminent domain in
Minnesota. She said condemnation is not done willy-nilly in Minnesota.
Council Member Kilian said the blight provision in the legislation is being tightened up.
Mayor Kirsch asked about the process for determining a property's fair purchase value.
Community Development Director Palmborg explained the process is well established as
proscribed in State Statute. The process to arrive at a fair purchase price involves a professional
appraiser. Relocation benefits are required as well as notice for the people being displaced to allow
time for choices and adjustments in their life.
M/Sandahl, S/Kilian 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. 9738
RESOLUTION IN SUPPORT OF
MUNICIPAL EMINENT DOMAIN AUTHORITY
Motion carried 3-0. This resolution appears as Resolution No. 9738 in Resolution Book No.
75.
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February 28, 2006
Item #7
City Manager Devich reported:
. The HRA recently settled one pending eminent domain proceeding with a voluntary
agreement on the east side in the Cedar Corridor for the Air Care-Go site.
. The legislative session begins March 1. The eminent domain bill will be introduced. The
bonding requests for 17th Avenue improvements and replacement of the ballfields will be
tracked.
Council Member Kilian stated there was a recent Star Tribune article regarding roundabouts.
Council Member Sandahl said there were increases in the mileage reimbursement during
2005 rates but staff did not get the benefit of the changes because the resolution on the
reimbursement rate is adjusted only at the first of each year. She suggested a resolution be prepared
for City Council consideration at a future meeting to set flexibility in the mileage reimbursement to
generally adjust to IRS regulations.
Item #8
M/Sandahl, S/Kilian that the followina claims and pavrolls be approved:
u. S. BANK
AlP Checks: 148237 - 148549
PAYROLL 27765 - 28105; 41048 - 41052
TOTAL
$ 1,162,532.43
$ 473,758.80
$ 1,636,291.23
Motion carried 3-0.
The City Council meeting was adjourned by unanimous consent a 7:.05 p~.
Date Approved: Karch 14. 2006
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Cheryl~1 011~
Recording Secretary