08-23-99 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
August 23, 1999
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
MayorKirsch led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Russ Susag;
and Kristal Stokes.
Staff:Steven Devich, Acting City Manager; Thomas Ferber, City Clerk;
Bruce Palmborg, Community Development Director; Dan Scott,
Public Safety Director; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; William Fillmore, Liquor
Operations Director; and Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
M/Stokes, S/Sandahl to approve the minutes of the regular City Council Meeting of
August 9, 1999, the Special City Council Meeting of August 12, 1999, the Special City
Council Meeting of August 13, 1999 and the Special City Council Meeting of August 14,
1999.
Motion carried 5-0.
Council Meeting Minutes-2-August 23, 1999
Item #1OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
None.
COUNCIL APPROVAL OF AGENDA
Item #2
M/Susag, S/Stokes to approve the agenda.
Motion carried 5-0.
Item #3CONSENT CALENDAR
A.APPROVED RESOLUTION APPROVING 2000-2003 COMMUNITY HEALTH
SERVICES PLAN FOR RICHFIELD C.L. 181
RESOLUTION NO. 8755
RESOLUTION APPROVING THE 2000 – 2003 RICHFIELD COMMUNITY HEALTH
SERVICES PLAN AND SUBMISSION OF SAID PLAN AND APPLICATION FOR THE
2000 – 2003 COMMUNITY HEALTH SERVICES ACT SUBSIDY.
This resolution appears as Resolution No. 8755 in Resolution Book No. 70.
B.APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR GROOMING OF
ANIMALS FOR PETCO ANIMAL SUPPLIES, INC. 710 WEST 66TH STREET C.L. 182
C.APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR GROOMING OF
ANIMALS FOR ELAINE'S GROOMING, 7429 HUMBOLDT AVENUE C.L. 183
D.APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR ANIMAL CARE
CLINIC, 6521 CEDAR AVENUE C.L. 184
E.APPROVED RENEWAL OF VETERINARY LICENSE FOR WOODLAKE
VETERINARY HOSPITAL, 6436 LYNDALE AVENUE C.L. 185
F.APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSES FOR THE
FOLLOWING:
x
7433 EAST PLEASANT AVENUE; THREE DOGS AND TWO CATS C.L. 186
x
6840 RUSSELL AVENUE; THREE DOGS C.L. 187
x
6301 LOGAN AVENUE; THREE DOGS C.L. 188
x
7144 OLIVER AVENUE; THREE DOGS C.L. 189
Council Meeting Minutes-3-August 23, 1999
x
6844 COLUMBUS AVENUE; THREE DOGS C.L. 190
x
7301 WENTWORTH AVENUE; THREE DOGS C.L. 191
x
6800 CEDAR AVENUE; THREE DOGS C.L. 192
M/Susag, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
Item #4PUBLIC HEARING AND CONSIDERATION OF RESOLUTION
DETERMINING NECESSITY FOR ISSUANCE OF GENERAL OBLIGATION
BONDS TO CONSTRUCT NEW COMMUNITY AND RECREATIONAL
CENTER AND CALLING SPECIAL ELECTION FOR NOVEMBER 2, 1999
C.L. 193
Acting City Manager Devich reviewed C.L. No. 193 regarding consideration of a
resolution determining the necessity for issuance of General Obligation Bonds to construct
a new Community and Recreation Center and calling a special election for November 2,
1999.
Rick Jabs, 6805 Knox Avenue, Chair of the Richfield Community and Recreational
Center Task Force, presented the recommendation of the Task Force that the City Council
schedule a special election for November 2, 1999 for a vote on the issuance of $9.5 million
General Obligation Bonds for the construction of a new Community and Recreational
Center. He presented and reviewed the following mission statement and goals of the Task
Force:
Mission Statement:
x
Serves as focal point for our Richfield Community activity "A gem of the City"
x
Welcomes all community members regardless of age, race or creed
x
Addresses social, health and recreational needs for the greatest number of
citizens
Goals:
x
Economically feasible to build
x
Financially responsible to operate
x
Meets multi-purpose needs now and in the future
x
Is safe, secure and inviting
x
Improves the quality of life for all Richfield residents through its programs,
facilities and services
He presented the following elements of the Task Force recommendation:
Community Center:
x
Congregate dining
x
Senior programs site
x
Multi-purpose rooms
Council Meeting Minutes-4-August 23, 1999
x
Crafts
x
Small-group meetings
x
Social interaction
x
Clubs
x
Classes
x
Adult/social lounge areas
x
Teen Center
x
Child Activity Center
x
Drop-in daycare
x
Richfield Familink Resource Center
x
Recreation staff offices
Health and Recreation:
x
Zero-depth recreational pool
x
Water play features
x
Two exercise lanes
x
Aerobics/exercise studio
x
Walking/running track
x
Cardiovascular/weight area
x
Locker room (general and family)
Meeting/Banquet Facilities:
x
Seating for 500
x
Weddings
x
Proms and banquets
x
Family gatherings
x
Revenue source
x
Multi-purpose meeting rooms
Cost:
$9.5 million in 25 year General Obligation bonds
x
$100,000 home/business tax impact - $52/year ($4.33/month)
x
$150,000 home/business tax impact - $78/year ($6.86/month)
Location:
Veterans Park
x
Portland Avenue and 64th Street (southeast corner)
x
Land use 4.18 acres of 108 acres (3.8%)
Conclusion:
Based on research, input and feedback from citizens, the Task Force is
recommending that the City Council hold a referendum vote on November 2, 1999, for
issuance of a 25 year General Obligation Bond to build the $9.5 million Community and
Recreational Center.
Gordon Anderson, 7501 Elliot Avenue, questioned whether the City Council is
fulfilling their oath to uphold the City Charter because of his belief that the Council has not
Council Meeting Minutes-5-August 23, 1999
followed the provisions of City Charter Section 8.05 regarding public hearings for this
project.
City Attorney Thompson stated that tonight's public hearing was a separate and
additional public hearing stating that the public hearing and hearing notices pursuant to
City Charter Section 8.05 would be occurring in the near future.
Gordon Anderson, 7501 Elliot Avenue, stated concerns about the need for more
public hearings and public input.
Council Member Susag stated that the issue before the Council was whether to put
the issue on the November 2 ballot for residents to vote on the proposal.
Jan Berge, 7345 Aldrich Avenue, stated that efforts to let the residents know about
this proposal were inadequate. She discussed information she received from Recreation
Directors in other cities regarding water/pool facilities and the desirability of outdoor
facilities. She advocated keeping the outdoor pool and Community Center as separate
issues and stated support for maintaining the outdoor pool. She urged the Council not to
decide until there has been an opportunity for more information and discussion.
Rick Jabs reviewed the research of the Task Force, communication efforts to solicit
input and efforts to inform residents.
Sandra L. Mueller, 6521 Fifth Avenue, discussed some of the following opinions and
ideas:
x
Support for existing Community Center
x
Use the existing indoor pools at the schools
x
Need to maintain outdoor pool for youth to use in the summer
x
Edinborough Park in Edina is available to Richfield residents
x
Consider incorporating a Community Center in the new senior housing
x
Banquet facility to compete with private industry shouldn't be considered
x
Schools have gym space
x
If current pool loses money, market it to south Minneapolis residents
x
Oppose loss of open space and trees in Veterans Memorial Park
x
Collaborate with other cities and School District to share facilities and costs
x
Do not conduct referendum
Ms. Sausen, 6320 Portland Avenue, spoke of the need for more information and
support for the existing outdoor pool with some additional updating and repairs.
Ron Fossum, 7344 Oakland Avenue, spoke in support of waiting to allow more
information and public input before putting it to a vote. He advocated putting the issue on
the ballot in 2000 when more voters will participate and a more deliberate decision has
been made regarding the issues.
Rick Jabs reviewed the Task Force's proposed schedule of open forum
informational meetings in September.
Council Meeting Minutes-6-August 23, 1999
Jan Anderson, 6744 Pleasant Avenue, thanked the Task Force for their work. She
discussed concerns that the Council may have literally followed City Charter Section 8.05,
but not the spirit of the provision. She stated concern about the timing and ordering of a
referendum before the public hearings. She suggested putting the issue on the 2000 ballot
instead. She stated there was a need for more discussion and details regarding the
proposal. She asked the Council to vote no and delay their decision.
Connie McDonald, 6400 15th Avenue, member of the Task Force, spoke in support
of the proposal indicating:
x
The outdoor pool is not handicap accessible
x
School pools are inadequate for needs
x
Banquet facility needed for service organizations, weddings, proms
x
Task Force work and research show need to accommodate needs of senior
citizens and families
Bob Nelson, 7540 Bryant Avenue, spoke in support of the outdoor pool and looking
further at the pool and other options. He stated the Community Center proposal is
adequate, but the membership cost per year is an issue. He stated the City should inform
more people and get more options. He suggested waiting until next year.
John Easterwood, 7121 Morgan Avenue, stated there have been many
opportunities to be informed on this issue. He stated support for the Community Center
idea and would like to preserve the outdoor pool also.
Jennifer Boese, 6408 Fifth Avenue, discussed the following issues:
x
Outdoor pool attendance
x
Lifeguard staffing problems if a indoor water facility is built
x
No lap swimming which is now available at the current Olympic sized pool
x
Proposed season pass price is too high
x
Ventilation for indoor pool facility is very expensive
x
Desirability of summer outdoor pool activities
x
Urged Council to vote no on the referendum
Rick Jabs reviewed season pass and daily use statistics for the pool.
Camillo DeSantis, 6508 Newton Avenue, member of the Task Force, spoke in
support of the November 2 bond referendum election because of the following:
x
Positive future and good facilities to serve youth, adults and seniors
x
Create and enhance a sense of community
x
Enhance social and recreational opportunities
Marian Miller, 7316 Grand Avenue, stated that she went to meetings, but the Task
Force did not listen to her about the outdoor pool. She stated if the pool was upgraded it
would be made accessible. She noted Edina has no Community Center and seniors
moving in will have no say. She asked the Council to vote no and reconsider the issue.
Kate Graeve, 7433 Park Avenue, spoke in support of keeping the outdoor pool.
Council Meeting Minutes-7-August 23, 1999
Sharla Boese, 6408 Fifth Avenue, stated she was not opposed to the Community
Center, but if it means closing the pool then she would be against it. She urged the
Council to vote no.
Maureen Scaglia, 6410 Washburn Avenue, member of the Community Services
Commission, stated numbers are declining at the pool, kids want a leisure water park and
many kids don't like the existing pool. She stated the City needs to serve the largest
number of citizens by building a multi-purpose community center as an investment in the
future. She stated the League of Women Voters supports the referendum.
Dennis Manson, 6901 Park Avenue, spoke in opposition stating communication has
not been enough. He urged the Council to vote no now and wait until next year for the
referendum. His concerns included:
x
Maintenance issues in the future
x
Keep taxes low
x
Same issue as the trees - lack of communication
x
Money for airport plus maintenance facility
x
Shrinking suburb
x
Respect the people and wait until next year
Doug Kleist, 7020 17th Avenue, spoke in opposition to the referendum at this time.
He stated that if the outdoor pool is to be closed then it must be made clear to people. He
stated he wanted to see the plans and costs associated with removing the pool included in
the proposal. He suggested that people are not informed enough yet to make a decision.
M/Susag, S/Rosenberg to close the public hearing.
Motion carried 5-0.
Council Member Sandahl stated she heard concerns about the closing of the pool
and asked if people would support an increase in taxes to keep it open.
M/Rosenberg, S/Sandahl that the following resolution be adopted, that it be spread
in the resolution book and that it be made part of these minutes:
RESOLUTION NO. 8756
RESOLUTION DETERMINING THE NECESSITY FOR THE ISSUANCE OF GENERAL
OBLIGATION BONDS AND CALLING A SPECIAL ELECTION THEREON
Motion carried 5-0. This resolution appears as Resolution No. 8756 in Resolution
Book No. 70.
Council Member Susag is pleased to hear the outpouring of support for the outdoor
pool.
Council Member Rosenberg asked if there is a way to keep the outdoor facility
open. She encouraged everyone to attend the Task Force informational meetings coming
up and participate in the democratic process.
Council Meeting Minutes-8-August 23, 1999
Council Member Sandahl stated appreciation for all the efforts of the Task Force.
She encouraged everyone to attend the meetings and vote on the issue. She stated
support for the Community Center as a reasonable project.
Council Member Stokes stated this may seem too fast for some residents, but she
supports neighbors having a chance to be informed and to vote on the issue.
Mayor Kirsch stated support for giving voters the opportunity to vote, giving their
input and letting the entire population decide.
Item #5PUBLIC HEARING AND CONSIDERATION OF RESOLUTION
AUTHORIZING SALE OF GENERAL OBLIGATION TAX INCREMENT
REVENUE BONDS ON BEHALF OF HRA TO PROVIDE FOUR YEAR
FUNDING PLAN FOR RICHFIELD REDISCOVERED AND
TRANSFORMATION HOMES PROGRAMS C.L. 194
Acting City Manager Devich reviewed C.L. No. 194 regarding authorization for the
sale of General Obligation Tax Increment Revenue Bonds on behalf of the HRA to fund the
Richfield Rediscovered and Transformation Homes Programs.
Larry Wozniczka, 6744 Wentworth Avenue, asked questions regarding the costs for
Richfield Rediscovered and transformation homes, the bond repayment sources and the
status of previous bonds.
Community Development Director Palmborg stated the average cost of Richfield
Rediscovered property is $65,000 and average transformation loan was $15,000.
Sid Inman, Ehlers & Associates Inc., identified the Richfield Rediscovered district
tax increment, land sale proceeds and housing trust funds provided by the Gramercy and
Urban Village tax increments as sources for repayment of the bonds indicating it was three
times the required amount to service the bond debt. Mr. Inman indicated that the 1996
bonds had some balance remaining.
Community Development Director Palmborg reviewed the status of previous
Richfield Rediscovered bonds.
Larry Wozniczka, 6744 Wentworth Avenue, spoke in opposition to the issuance of
this bond issue. He indicated the program is getting too expensive with no increase in tax
base, therefore the City Council should consider that the program has reached a
successful conclusion and be terminated now.
Community Development Director Palmborg responded to questions from the City
Council stating that about 100 Richfield Rediscovered projects had been completed and
about 190 properties had been originally identified.
Council Meeting Minutes-9-August 23, 1999
Council Member Rosenberg stated that the Richfield Rediscovered program was
one of the most important and effective programs of the City.
M/Susag, S/Rosenberg to close the public hearing.
Motion carried 5-0.
M/Susag, S/Rosenberg that the following resolution be adopted, that it be spread in
the resolution book and that it be made part of these minutes:
RESOLUTION NO. 8757
RESOLUTION AUTHORIZING THE SALE OF THE TAXABLE GENERAL OBLIGATION
VARIABLE RATE DEMAND TAX INCREMENT BONDS, SERIES 1999 IN AN AMOUNT
NOT TO EXCEED $2,800,000 PLUS ASSOCIATED COSTS OF ISSUANCE
Motion carried 5-0. This resolution appears as Resolution No. 8757 in Resolution
Book No. 70.
Item #6CONSIDERATION OF FIRST READING OF ORDINANCE LICENSING AND
REGULATING PRACTICE OF THERAPEUTIC MASSAGE IN RICHFIELD
C.L. 195
Acting City Manager Devich reviewed C.L. No. 195 regarding a proposed ordinance
that would license and regulate the practice of therapeutic massage in the City.
M/Susag, S/Sandahl that this constitute the First Reading of this ordinance; and that
the Public Hearing and Second Reading of the ordinance be scheduled for the September
13, 1999 City Council meeting.
Motion carried 5-0.
Item #7CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
REZONING LAND BETWEEN ALDRICH AVENUE AND ONE-HALF BLOCK
EAST OF GARFIELD AVENUE AND 76TH TO 77TH STREETS FROM
SINGLE FAMILY RESIDENTIAL, NEIGHBORHOOD COMMERCIAL AND
GENERAL COMMERCIAL TO PLANNED GENERAL COMMERCIAL C.L.
196
Acting City Manager Devich reviewed C.L. No. 196 regarding a proposed ordinance
amendment to rezone land between Aldrich Avenue and one-half block east of Garfield
Avenue and 76th to 77th streets from single family residential, neighborhood commercial
and general commercial to planned general commercial.
Council Meeting Minutes-10-August 23, 1999
M/Stokes, S/Susag that this constitute the First Reading of this ordinance; and that
the Public Hearing and Second Reading of the ordinance be scheduled for the September
13, 1999 City Council meeting.
Motion carried 5-0.
Item #8CONSIDERATION OF AWARD OF CONTRACT FOR RECREATIONAL
SITE IMPROVEMENTS AT ACADEMY OF HOLY ANGELS TO INGRAM
EXCAVATING IN AMOUNT OF $197,250 C.L. 197
Acting City Manager Devich reviewed C.L. No. 197 regarding consideration of the
award of contract for the recreational site improvements at the Academy of Holy Angels
site to Ingram Excavating.
Recreation Services Director Topitzhofer responded to questions regarding the
difference in the bids from the previous bids on this project, which were rejected. He
indicated that the changes in the timeline and softball field resulted in a lower bid.
M/Susag, S/Stokes to accept the bid minutes/tabulation and award contracts to
Ingram Excavating for the recreational site improvements at the Academy of Holy Angels,
accepting a base bid of $197,250.00 and to authorize staff to proceed with any alternates
allowed by available funding with priority placed on Alternate #4, regarding bleacher
installation ($11,800.00), and Alternate #5, regarding turf/sod installation instead of seed
($28,675.00).
Motion carried 5-0.
CONSIDERATION OF NEW CITY MANAGER EMPLOYMENT
Item #9
AGREEMENT C.L. 197A
Acting City Manager Devich reviewed C.L. No. 197A regarding consideration of the
terms of a proposed employment agreement with Samantha Orduno to be Richfield City
Manager. He presented and discussed several contract language revisions and
clarifications.
Discussion followed regarding several benefit and deferred compensation issues.
Acting City Manager Devich read a fax letter received from Paul Reaume, The PAR
Group, which presented several benefit and compensation issues that Samantha Orduno
had discussed with him including her current level of benefits and her desire not to go
backward. Mr. Reume's letter indicated Ms. Orduno's request that the car allowance be
Council Meeting Minutes-11-August 23, 1999
$400 per month rather than $350 and $2500 yearly in deferred compensation be provided
as is the case at her current job.
M/Susag, S/Kirsch to approve the City Manager contract terms including the word
changes and clarifications presented by the Acting City Manager with the compensation
package as presented.
Council Member Sandahl made the following motion to amend the motion on the
floor.
M/Sandahlto amend the motion to include an increase in the City Manager's car
allowance from $350 to $400 per month and provide $2500 annual deferred compensation
as part of the contract.
Motion failed for lack of a second.
Council Member Sandahl expressed concerns that Ms. Orduno will not accept the
City Manager position because the salary and benefits package does not match her
current benefits.
Council Member Susag stated concerns about the requests and setting a precedent
on these issues. He stated the City Council could take a look at the deferred
compensation issue at the six-month evaluation as was discussed during the interview
process. He stated he did not object to increasing the car allowance from $350 to $400,
since it had not been adjusted recently.
Council Member Susag and Mayor Kirsch amended their motion on the floor to
include $400 per month car allowance in the City Manager's contract.
Discussion followed regarding the importance of the deferred compensation issue to
Ms. Orduno.
M/Sandahl, S/Stokes amend the motion on the floor to include that the City Council
will consider the $2500 in deferred compensation for the City Manager at the time of the
six-month evaluation.
City Council discussion followed regarding their recollection of previous discussions
regarding deferred compensation.
The meeting was recessed at 10:10 p.m. by unanimous consent.
Mayor Kirsch reconvened the meeting at 10:20 p.m.
Acting City Manager Devich discussed his phone conversation with Mr. Reaume
and Ms. Orduno regarding the issue of the $2500 deferred compensation.
Council Member Susag stated the amount of deferred compensation should not be
included in the motion.
Council Meeting Minutes-12-August 23, 1999
Council Members Sandahl and Stokes agreed to drop the $2500 amount from their
motion to amend.
The motion to amend was restated and the question called.
M/Sandahl, S/Stokes to amend the motion on the floor to include that the City
Council will consider deferred compensation for the City Manager at the time of the six-
month evaluation.
Motion carried 5-0.
The original motion as amended was restated and the question called.
M/Susag, S/Kirsch to approve the City Manager contract terms including the word
changes and clarifications presented by the Acting City Manager with the compensation
package as presented with the car allowance to be $400 per month and consideration of
deferred compensation at the time of the six-month evaluation.
Motion carried 5-0.
M/Sandahl, S/Susag to continue the August 23, 1999 City Council Meeting to 6:00
p.m. August 25, 1999 upon the conclusion of the regular agenda, for the purpose of
consideration of a City Manager appointment.
Motion carried 5-0.
Item 10#AIRPORT STATUS REPORT
Acting City Manager Devich reviewed and discussed the following airport issues:
x
Congressman Martin Sabo's presentation to the Richfield Chamber of
Commerce
x
Meeting with STARR Group and FAA
x
Attorney Steve Pflaum has resigned as airport counsel. Kennedy & Graven has
identified another attorney who has experience with FAA matters and will
request a proposal from him
x
The City plans to meet with Congressman Sabo and MAC Chair Nichols again in
the near future
Bill Duffee, 6515 18th Avenue, Co-Chair of the STARR Group, discussed their
meeting with Congressman Sabo to ask that he put pressure on the MAC and FAA to
allow the use of funds for the airport mitigation plan. He indicated they would be meeting
the MAC Chair Nichols and also Metropolitan Council Representative Riveness in the near
future.
Council Meeting Minutes-13-August 23, 1999
Acting City Manager Devich urged residents to contact their congressional
representatives to ask for assistance on this issue.
Item #11LEGISLATIVE REPORT
None.
Item #12COUNCIL DISCUSSION ITEMS
Community Development Director Palmborg stated that the Affordable Housing
Replacement Committee needed City Council representatives. Council Members
Rosenberg and Sandahl volunteered to serve as the City Council representatives.
Item #13CLAIMS AND PAYROLL
M/Susag, S/Rosenberg that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks: 88933 - 88959$ 103,007.42
H/C 89426 - 89766$1,705,854.81
PAYROLL: 14901 - 15207$ 494.074.88
TOTAL$2,302,937.11
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 10:43 p.m. and continued to
6:00 p.m. on Wednesday, August 25, 1999.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberSteven L. Devich
City ClerkActing City Manager