03-27-00 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 27, 2000
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch 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 Present:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; Thomas Ferber, City Clerk; Bruce Palmborg,
Community Development Director; Mike Eastling, Public Works
Director; Jim Topitzhofer, Recreation Services Director; Scott
Williams, Research and Planning; and Corrine Thomson, City
Attorney.
APPROVAL OF MINUTES
Council Member Sandahl requested that the minutes of the March 13, 2000 Regular
City Council Meeting be amended on the first page to state in the motion to determine the
absence of Council Member Susag as an excused absence that this motion refers to both
the Regular March 13 Meeting and the Study Session Meeting of March 13.
Council Meeting Minutes-2-March 27, 2000
M/Rosenberg, S/Sandahl to approve the minutes of the Special City Council Study
Session of March 13, 2000 and the Regular City Council Meeting of March 13, 2000 as
amended.
Motion carried 5-0.
Item #1PRESENTATION OF RICHFIELD COMMUNITY CORE VALUES POSTER
Kathy Farris, Human Services Planner/Coordinator, presented the Richfield
Community Core Values poster to the City Council for placement in the City Hall lobby.
She stated the Richfield Core Values Initiative appreciated the City Council’s pledge to
help teach, model and reinforce the core values: Caring, Respect, Honesty and
Responsibility.
Item #2OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Dennis W. Manson, 6901 Park Avenue, asked questions regarding the residency of
the City Manager and the City Charter provision requiring that the City Manager live in the
City.
City Manager Orduno stated that she is currently living in the home they own in
Spring Lake Park. She indicated they are still looking for a home in Richfield that will meet
the needs of her family. She thanked the kind people who have called her to make her
aware of houses that are for sale indicating that unfortunately most have been two or three
bedrooms which does not meet the needs of her family. She commented that she and her
husband have been looking for a home here since October but that there are very few
homes on the market now or may come on the market soon that can accommodate her
large family. She stated the commute is becoming tiresome and expensive. She stated
that she and her family want to locate here but if she is unable to find a home in Richfield
soon, it may not be possible to locate in Richfield.
City Attorney Thomson stated that current State law does not allow cities to make
city residency a condition of employment except in limited cases for fire and police. She
stated the City cannot impose a residency requirement for the City Manager because it
would be in violation of State law. She stated that the City Charter contains a residency
requirement for the City Manager which is unenforceable due to State law. She indicated
the Charter Commission has reviewed and discussed the Charter language but has not
taken any action regarding changing it.
Council Member Stokes stated that it was a community expectation that the City
Manager reside in the City.
Council Meeting Minutes-3-March 27, 2000
Ron Lisheid, 6141 Colfax Lane, discussed legislative redistricting and suggested
the City initiate future discussions about how redistricting could benefit the City.
Larry Wozniczka, 6744 Wentworth Avenue, made the following statement:
Reference the Summary Budget Statement for the City of Richfield published in the
legal section of the February 2, 2000 issue of the Richfield Sun-Current newspaper. The
2000 Adopted Budget shows a deficiency of $2,816,710 in Expenditures over Revenues.
After Transfers In, a deficiency of $908,060 still remains. In that same summary, the 1999
Revised Budget reports a deficiency of $3,225,810.
The public hearing on the adopted budget did not disclose planned deficits. City
Charter, Section 706, requires that “The proposed expenditures shall not exceed the
proposed revenues.”
An explanation is requested. Hopefully it will be published as a legal notice to all
Richfield citizens, and will include the figures from the adopted budget for 1999.
Administrative Services Director Devich stated that the state required the publishing
of the information in that format which is a different type reporting format than the budget.
He stated the budget is not in deficit. He stated staff would put together a cross reference
regarding the budget and state required publication.
Item #3 COUNCIL APPROVAL OF AGENDA
Council Member Stokes requested that Item 4E be removed from the Consent
Calendar for consideration.
Mayor Kirsch stated that Consent Calendar Item 4E would be removed from the
Consent Calendar and placed on the regular agenda for consideration as Item 9A.
M/Stokes, S/Susag to approve the agenda as amended.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A.APPROVED SIGN APPRAISAL PROFESSIONAL SERVICES AGREEMENT WITH C. E.
LASALLE, INC. FOR 66TH STREET AND TRUNK HIGHWAY 77 INTERCHANGE
PROJECT S.R. NO. 82
Council Meeting Minutes-4-March 27, 2000
B.APPROVED RESOLUTION GRANTING RENEWAL OF LAWFUL GAMBLING LICENSE
WITH INVESTIGATION FEE WAIVER FOR RICHFIELD AMERICAN LEGION POST
#435, 6501 PORTLAND AVENUE, S.R. NO. 83
RESOLUTION NO. 8866
A RESOLUTION GRANTING APPROVAL FOR
THE RICHFIELD AMERICAN LEGION POST #435
TO CONDUCT LAWFUL GAMBLING
This resolution appears as Resolution No. 8866 in Resolution Book No. 71.
C.APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT TO ALLIED
BLACKTOP CO. FOR SEALCOATING WORK IN 2000 IN AMOUNT OF $174,878.65
S.R. NO. 84
D.APPROVED CHANGE ORDER IN AMOUNT OF $28,900 TO CONSTRUCT BRIDGE
ABUTMENTS AS PART OF G.L. CONTRACTING, INC. CONTRACT FOR RAISING
SELECTED TRAILS AT WOOD LAKE NATURE CENTER S.R. NO. 85
E.REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR
AGENDA AS ITEM 9A.
F.APPROVED LEASE AGREEMENT BETWEEN CITY OF RICHFIELD AND HENNEPIN
COUNTY FOR NEW ELECTION EQUIPMENT S.R. NO. 87
G.APPROVED ITINERANT PLACE OF AMUSEMENT LICENSE WITH FEE WAIVER FOR
RICHFIELD WOMEN OF TODAY ANNUAL RICHFIELD COMMUNITY EASTER EGG
HUNT AT AUGSBURG PARK ON APRIL 9 S.R. NO. 88
H.APPROVED CONSENT AND CONFLICT WAIVER FOR LEONARD, STREET AND
DEINARD REGARDING REDEVELOPMENT OF PROPERTY AT 7600 LYNDALE
AVENUE WITHIN LYNDALE GATEWAY REDEVELOPMENT AREA S.R. NO. 89
M/Susag, S/Stokes to approve the consent calendar as amended.
Motion carried 5-0.
Item #5PUBLIC HEARING REGARDING RESOLUTION APPROVING TRANSFER
OF CONTROL OF KBL CABLE SYSTEMS OF THE SOUTHWEST, INC.,
CABLE TELEVISION FRANCHISEE, RESULTING FROM MERGER OF
TIME WARNER, INC. AND AMERICAN ONLINE, INC. INTO AOL TIME
WARNER, INC. S. R. NO. 90
Administrative Services Director Devich reviewed Staff Report No. 90 regarding the
transfer of control of KBL Cable Systems of Southwest, Inc., Richfield’s cable television
Council Meeting Minutes-5-March 27, 2000
franchisee, resulting from the merger of Time Warner, Inc. and American Online, Inc. into
AOL Time Warner, Inc.
Brian Grogan, Moss & Barnett, legal counsel for the Southwest Suburban Cable
Commission, described the proposed transfer of control reviewing legal qualifications,
technical qualifications, financial qualifications and open access considerations. He stated
that City Council approval is recommended based on this review; however, there is no
agreement yet between the Southwest Suburban Cable Commission and Time Warner,
Inc. regarding the costs associated with this change. He recommended that the Council
not take action on the resolution until this issue has been resolved by the parties.
M/Susag, S/Stokes to continue the public hearing and consideration of approval of
the proposed transfer of control of KBL Cable Systems of the Southwest, Inc. resulting
from the merger of Time Warner, Inc. and American Online, Inc. into AOL Time Warner,
Inc. to the April 24, 2000 City Council Meeting.
Motion carried 5-0.
Item #6PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO CITY ADMINISTRATIVE CODE SECTION 1,
SUBSECTION 310.33, 310.37 AND 310.07 DESCRIBING VACATION
LEAVE, PERSONAL LEAVE AND BACKGROUND INVESTIGATIONS
S. R. NO. 91
Administrative Services Director Devich reviewed Staff Report No. 91 regarding a
proposed amendment related to certain employee accrual rates for vacation and personal
leave and to conduct background investigations for employment, volunteer or independent
contractors.
Dennis W. Manson, 6901 Park Avenue, asked questions about personal leave
accrual.
Administrative Services Director Devich reviewed the maximum allowable accrual
rates and applicability to employee groups.
M/Susag, S/Stokes to close public hearing.
Motion carried 5-0.
M/Stokes, S/Sandahl that this constitutes Second Reading of Bill No. 2000-10,
amending section 310.33, 310.37 and 310.07 of the Richfield City Code regarding vacation
leave, personal leave and background investigations, that it be published in the official
newspaper and that it be made part of these minutes.
Motion carried 5-0.
Council Meeting Minutes-6-March 27, 2000
Item #7PUBLIC HEARING REGARDING NEW 3.2 PERCENT MALT LIQUOR
LICENSE FOR HOPES CHOW MEIN RESTAURANT, 6700 PENN AVENUE
S. R. NO. 92
City Manager Orduno reviewed Staff Report No. 92 regarding the application of
Hopes Chow Mein, 6700 Penn Avenue, for the issuance of a new 3.2 percent malt liquor
license.
M/Susag, S/Stokes to close public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl to approve granting the 2000 3.2 percent Malt Liquor License
to Hopes Chow Mein Restaurant, 6700 Penn Avenue South, with the following stipulations:
1) that the requirements are met in Resolution No. 8808 and 2) that their liquor liability and
workers compensation insurance information is submitted.
Motion carried 5-0.
Item #8CONSIDERATION OF RESOLUTION AWARDING SALE OF $1,630,000
GENERAL OBLIGATION TAX EXEMPT TAX INCREMENT BONDS,
SERIES 2000A FIXING FORM AND SPECIFICATIONS, DIRECTING
EXECUTION AND DELIVERY, AND PROVIDING FOR PAYMENT TO
ASSIST IN FINANCING LYNDALE GATEWAY REDEVELOPMENT
S. R. NO. 93
Community Development Director Palmborg reviewed Staff Report No. 93 regarding
awarding the sale of $1,630,000 General Obligation Tax Exempt Tax Increment Bonds,
Series 2000A, fixing their form and specifications; directing their execution and delivery;
and providing for their payment to assist in the financing of the Lyndale Gateway
redevelopment.
Sid Inman, Ehlers & Associates, Inc. reviewed the bids recommending the award to
U. S. Bancorp Piper Jaffray.
M/Susag, S/Stokes 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. 8867
A RESOLUTION AWARDING THE SALE OF $1,630,000 GENERAL
OBLIGATION TAX INCREMENT BONDS, SERIES 2000A; FIXING THEIR
FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION
AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT
Council Meeting Minutes-7-March 27, 2000
Motion carried 5-0. This resolution appears as Resolution No. 8867 in Resolution
Book No. 71.
Item #9CONSIDERATION OF CONTRACT WITH MOTOROLA TO PURCHASE
DISPATCH CONSOLE EQUIPMENT TO MOVE RICHFIELD’S POLICE AND
FIRE DISPATCH OPERATIONS ONTO PLANNED REGIONAL 800
MEGAHERTZ RADIO SYSTEM IN AMOUNT OF $266,656 AND
AUTHORIZE AGREEMENT WITH HENNEPIN COUNTY TO LINK
RICHFIELD TO REGIONAL SYSTEM THROUGH HENNEPIN COUNTY 800
MEGAHERTZ SUBSYSTEM S. R. NO. 94
Scott Williams, Public Safety Research & Planning, reviewed Staff Report No. 94
regarding a proposed contract with Motorola in the amount of $266,656 for dispatch
console equipment for the 800 megahertz radio system and an agreement with Hennepin
County to link Richfield to the Hennepin County subsystem. He discussed and answered
questions regarding the need for additional communications equipment space and related
costs. He stated staff is working with an engineering firm regarding plans to resolve this
issue.
M/Stokes, S/Rosenberg to authorize staff to 1) sign a contract with Motorola in the
amount of $266,656 for dispatch console equipment for the 800 MHz and 2) sign an
agreement with Hennepin County to join the County’s 800 MHz subsystem and finance the
microwave equipment needed to connect to the system backbone.
Motion carried 5-0.
Item #9ACONSIDERATION OF APPROVAL OF APPOINTING PAM DMYTRENKO,
ASSISTANT TO THE CITY MANAGER, AS CITY OF RICHFIELD’S
LIAISON VOTING MEMBER FOR METROPOLITAN AIRPORT SOUND
ABATEMENT COUNCIL S. R. NO. 86
Council Member Stokes stated that she asked that this item be removed from the
Consent Calendar because she had received some community concerns regarding the
fact that Ms. Dmytrenko is an elected School Board Member.
City Manager Orduno stated that she had discussed this issue with Ms. Dymtrenko
and she would remove herself from any issue that would appear to be a conflict of interest
if such a time would ever occur.
M/Stokes, S/Susag to approve the appointment of Pam Dmytrenko, Assistant to the
City Manager, as City of Richfield’s liaison voting member for the Metropolitan Sound
Abatement Council.
Council Meeting Minutes-8-March 27, 2000
Motion carried 5-0.
Item #10AIRPORT STATUS REPORT
City Manager Orduno reported on the participation of the Mayor and herself in
the Roundtable discussion on airport issues sponsored by Isaiah (former Interfaith Action)
on March 25. She reviewed the action steps and timetable consensus agreement by the
FAA, the MAC and the City resulting from the meeting. She commended Isaiah for
organizing and sponsoring the event.
She reviewed a letter from David L. Bennett, FAA Director of Airport Safety and
Standards, responding to the City’s alternative approach to funding of noise mitigation
measures for the City to address development at Minneapolis-St. Paul International
Airport.
Council Member Rosenberg stated that Senator Jane Ranum had informed her
that operations at the airport in 1999 were 510,000 and far ahead of projections. She
stated concern about the impact of overflights on all parts of Richfield.
Item #11HOUSING AND REDEVELOPMENT AUTHORITY REPORT
City Manager Orduno stated this is a new agenda item to provide updates to the
City Council on recent actions of the HRA. She reported that the HRA had approved the
terms of a contract for private redevelopment with Best Buy Company, Inc. for the
redevelopment of the Interchange West area and that Best Buy had signed the contract.
Council Member Rosenberg indicated that Best Buy had scheduled neighborhood
meetings for April 11, 12 and 13.
Item #12LEGISLATIVE REPORT
City Manager Orduno reported that the airport bill remains intact with the TIF
provisions and would be going to a conference committee.
Council Meeting Minutes-9-March 27, 2000
Item #13COUNCIL DISCUSSION ITEMS
None.
Item #14CLAIMS AND PAYROLL
M/Stokes, S/Susag that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks: 95081 – 95107$93,021.38
H/C96312 - 96671$847,945.29
PAYROLL16473 - 16486; 18502 - 18677$457,039.39
TOTAL$ 1,398,006.06
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:21 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Thomas P. FerberSamantha Orduno
City ClerkCity Manager