06-11-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
June 11, 2001
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; Susan Rosenberg; John Enger; Gertrude
Ulrich; and Sue Sandahl.
Staff Present:Samantha Orduno, City Manager; Steven Devich, Acting City Clerk;
Mike Eastling, Public Works Director; Bruce Palmborg, Community
Development Director; Jim Topitzhofer, Recreation Services
Director; Chris Regis, Finance Manager; Dan Scott, Public Safety
Director; and Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
M/Rosenberg, S/Sandahl to approve the minutes of the (1) Special City Council
Study Session of May 21, 2001; (2) Special City Council Meeting of May 21, 2001; (3)
Special City Council Meeting of May 22, 2001; (4) Special City Council Study Session of
May 29, 2001; (5) Regular City Council Meeting of May 29, 2001; and (6) Special City
Council Meeting of May 31,2001.
Motion carried 5-0.
Council Meeting Minutes-2-June 11, 2001
Item #1PRESENTATION OF CERTIFICATES OF APPRECIATION TO MISS
RICHFIELD AMBASSADORS
Council Member Sandahl presented Certificates of Appreciation and roses to the
2001 Miss Richfield Ambassadors.
Item #2COUNCIL DISCUSSION ITEMS
Council Member Sandahl reminded the audience of a High School farewell concert.
She also informed the audience of the outcome of the court decision on the referendum
petition matter in which the City’s position was upheld.
Council Member Enger suggested that the Gramercy parking issue be discussed at
a future Council Study Session.
City Manager Orduno stated that she was working on this matter and that this issue
would come before the Council at a regular meeting.
Council Member Ulrich asked about a survey of vehicles parked in yards that was to
appear in the June issue of Your City.
City Manager Orduno stated that it missed the June issue, but will be in a future
issue.
Council Member Ulrich stated the need for a general community cleanup.
City Manager Orduno stated that a City cleanup day program will be explored.
Council Member Enger thanked the Fourth of July Committee for the booster
buttons and urged the community to support this effort.
M/Sandahl, S/Rosenberg that the City Council get a float for the Fourth of July
parade.
Motion carried 4-1. (Enger opposed.)
Council Member Enger stated that he wished to break from tradition and ride in
convertibles.
Item #3OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Council Meeting Minutes-3-June 11, 2001
Paul Nelson, 6633 16th Avenue, stated that he was encouraged with the
consideration of a cleanup day for the community.
Mary McRoberts, 7240 Dupont Avenue, asked about the dumping going on in Wood
Lake Nature Center.
Recreation Services Director Topitzhofer responded that this hauling is dredging
spoils from Wood Lake Nature Center.
Ms. McRoberts also expressed concern about the area on Lyndale Avenue where
the wood chip piling is currently being stored.
Robert Hall, 7309 Oliver Avenue, stated that the Referendum Sponsoring
Committeewill appeal the recent court award. He stated that the City website is vastly
improved and thanked City Manager Orduno for the information she provided concerning
the restricted traffic movement south on Newton and Oliver Avenues at 76th Street.
Carl Cornell, 6615 Lake Shore Drive, urged the City Council to ask the Gramercy
Corporation not to develop Block 3, Lots 16, 17 and 18 as part of their development.
Item #4COUNCIL APPROVAL OF AGENDA
M/Rosenberg, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #5CONSENT CALENDAR
A.Approved resolutions declaring costs to be assessed and ordering preparation of
assessment roll for 2000 removal of diseased trees from private property and setting
date of hearing for July 23, 2001 S.R. No. 128
RESOLUTION NO. 9039
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2000 TO DECEMBER 31, 2000
Council Meeting Minutes-4-June 11, 2001
RESOLUTION NO. 9040
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
FOR DISEASED TREE REMOVAL FROM PRIVATE PROPERTY
FOR THE PERIOD JANUARY 1, 2000 TO DECEMBER 31, 2000
These resolutions appear as Resolution No. 9039 and 9040 in Resolution Book No.
72.
B.Approved resolutions declaring costs to be assessed and ordering preparation of
assessment roll for 2000 77th Street maintenance and setting date of hearing for July
23, 2001 S.R. No. 129
RESOLUTION NO. 9041
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION
OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE
JANUARY 1, 2000 THROUGH DECEMBER 31, 2000
RESOLUTION NO. 9042
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 77TH STREET
MAINTENANCE JANUARY 1, 2000 THROUGH DECEMBER 31, 2000
These resolutions appear as Resolution No. 9041 and 9042 in Resolution Book No.
72.
C.Approved resolutions declaring costs to be assessed and ordering preparation of
assessment roll for 2000 LHN Maintenance and setting date of hearing for July 23,
2001 S.R. No. 130
RESOLUTION NO. 9043
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION
OF PROPOSED ASSESSMENT FOR LHN MAINTENANCE
JANUARY 1, 2000 THROUGH DECEMBER 31, 2000
RESOLUTION NO. 9044
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR LHN
MAINTENANCE JANUARY 1, 2000 THROUGH DECEMBER 31, 2000
These resolutions appear as Resolution No. 9043 and 9044 in Resolution Book No.
72.
D.Approved resolution proposing to specially assess costs of current services provided
within 77th Street project area for January 1, 2002 through December 31, 2002 and
setting public hearing for July 23, 2001 S.R. No. 131
Council Meeting Minutes-5-June 11, 2001
RESOLUTION NO. 9045
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT
SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE
PERIOD JANUARY 1, 2002 THROUGH DECEMBER 31, 2002
This resolution appears as Resolution No. 9045 in Resolution Book No. 72.
E.Approved resolution proposing to specially assess costs of current services provided
within LHN project area for January 1, 2002 through December 31, 2002 and setting
public hearing for July 23, 2001 S.R. No. 132
RESOLUTION NO. 9046
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT
SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA
FOR THE PERIOD JANUARY 1, 2002 THROUGH DECEMBER 31, 2002
This resolution appears as Resolution No. 9046 in Resolution Book No. 72.
F.Approved resolution accepting Time Warner resolution approving transfer of control of
KBL Cablesystems of the Southwest, Inc. and cable television franchise to AOL Time
Warner S.R. No. 133
RESOLUTION NO. 9047
APPROVING THE ACCEPTANCE OF THE RESOLUTION
APPROVING THE TRANSFER OF CONTROL OF
KBL CABLESYSTEMS OF THE SOUTHWEST, INC., THE CABLE TELEVISON
FRANCHISEE, TO AOL TIME WARNER
This resolution appears as Resolution No. 9047 in Resolution Book No. 72.
G.Approved updated by-laws and amended joint and cooperative agreement of
Southwest Suburban Cable Commission S.R. No. 134
H.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 11A.
I.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 11B.
J.Approved resolution authorizing execution of stipulation of final settlement on Parcel
22, 6529 Cedar Avenue S.R. No. 137
RESOLUTION NO. 9048
RESOLUTION AUTHORIZING EXECUTION OF A STIPULATION OF FINAL
SETTLEMENT FOR 6529 CEDAR AVENUE
(66TH STREET/TRUNK HIGHWAY 77 INTERCHANGE PROJECT
Council Meeting Minutes-6-June 11, 2001
This resolution appears as Resolution No. 9048 in Resolution Book No. 72.
K.Approved resolution adopting the joint and cooperative agreement (mutual aid pact) for
use of law enforcement personnel and equipment between police agencies within
Hennepin County effective July 1, 2001 S.R. No. 138
RESOLUTION NO. 9049
RESOLUTION AUTHORIZING THE ADOPTION OF THE JOINT AND COOPERATIVE
AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT,
DATED JULY 1, 2001
This resolution appears as Resolution No. 9049 in Resolution Book No. 72.
L.Approved community celebration event license and temporary on-sale 3.2 percent malt
liquor license with fee waiver for Fourth of July Committee for annual events at
Veterans Memorial Park of Richfield on June 28 through July 5, 2001 S.R. No. 139
M.Approved on-sale 3.2 percent malt liquor license with fee waiver for Minneapolis-
Richfield American Legion Post 435, 6501 Portland Avenue, for activities on July 4,
2001 S.R. No. 140
Council Member Enger requested to have Items 5H and 5I removed from the
Consent Calendar and placed on the regular agenda.
Mayor Kirsch stated that Items 5H and 5I would be removed from the Consent
Calendar and placed on the regular agenda as Items 11A and 11B.
M/Sandahl, S/Rosenberg to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #6PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE AUTHORIZING SALE OF 7039 FIFTH AVENUE TO HRA
FOR REHABILITATION S.R. NO. 141
Community Development Director Palmborg reviewed Staff Report No. 141
regarding the second reading of a transitory ordinance authorizing the sale of 7039 Fifth
Avenue to the HRA for rehabilitation.
Council Member Enger asked how much of a CDBG grant the City received
annually.
Community Development Director Palmborg responded $225,000. He stated that
three separate programs including the Vo-Tech Rehabilitation Program were funded from
CDBG.
Council Meeting Minutes-7-June 11, 2001
Council Member Enger asked how these homes are selected for this program.
Community Development Director Palmborg responded that it was a voluntary
program.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Rosenberg, S/Sandahl that this constitutes the Second Reading of Bill No. 2001-
8 of Transitory Ordinance no. 18.06 authorizing the sale of 7039 Fifth Avenue to HRA for
rehabilitation, that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 5-0.
Item #7CONSIDERATION OF RESOLUTION AUTHORIZING AGREEMENT WITH
HENNEPIN COUNTY FOR MAINTAINING NEW TRAFFIC SIGNALS ON
PENN AVENUE ON I-494 BRIDGE AND AT ENTRANCE TO BEST BUY
CAMPUS AND MODIFICATIONS TO TRAFFIC SIGNAL AT 76TH STREET
S.R. NO. 142
Public Works Director Eastling reviewed Staff Report No. 142 regarding a resolution
authorizing an agreement with Hennepin County for maintaining new traffic signals on
Penn Avenue on the I-494 bridge and at the entrance to the Best Buy Campus and
modification to the traffic signal at 76th Street.
Council Member Enger asked why Hennepin County doesn’t fund signals such as
this and what are the expected costs.
Public Works Director Eastling responded that Hennepin County has a small budget
for these projects and this is an accelerated schedule and that each signal is about
$150,000.
M/Sandahl, 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. 9050
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE HENNEPIN
COUNTY ROADWAY MAINTENANCE AGREEMENT NO. PW 11-19-01
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9050 in Resolution Book No. 72.
Council Meeting Minutes-8-June 11, 2001
Item #8CONSIDERATION OF RESOLUTION REQUESTING ADVANCED
ENCUMBRANCES FROM GENERAL STATE AID CONSTRUCTION
ACCOUNT TO SUPPLEMENT AVAILABLE FUNDS IN CITY’S STATE
AID CONSTRUCTION ACCOUNT FOR ANTICIPATED CONSTRUCTION
COST FOR 76TH STREET WIDENING PROJECT S.R. NO. 143
Public Works Director Eastling reviewed Staff Report No. 143 regarding a resolution
requesting advanced encumbrances from the General State Aid Construction Account to
supplement available funds in the City’s State Aid Construction Account for anticipated
construction cost for the 76th Street widening project.
Council Member Enger stated that he thought these funds were originally to be
used for the 77th Street project.
Public Works Director Eastling responded that there were several potential end
uses for the funds. Mr. Eastling described several such projects identified in the Capital
Improvement Program.
Council Member Enger asked when the 76th Street pedestrian bridge was
scheduled for construction and that it was a safety issue for children that was needed now.
Council Member Sandahl responded that there was already a pedestrian bridge at
73rd Street and that the 76th Street pedestrian bridge was delayed to potentially be done
as part of the replacement of the existing 76th Street bridge at some time in the future.
Council Member Sandahl stated that the proposed improvements will make the area
safer for children.
Council Member Enger asked for the cost estimate and construction schedule for
the pedestrian bridge.
Public Works Director Eastling responded that it was about $1.4 million and that it
could still stay on schedule for construction in 2004. Mr. Eastling stated that with the 77th
Street project proceeding across I-35W, the project will qualify for another round of high
priority funding from the Federal Government.
Council Member Ulrich stated that the pedestrian bridge was important to her also,
but she felt it difficult to proceed on spending money for it without knowing the extent of the
I-35 construction and the effect upon 76th Street including the automobile bridge.
Council Member Enger asked if the center pier support column was being
constructed with the project. He understood that the column was to be constructed to
receive the future pedestrian bridge.
Public Works Director Eastling responded that it was thought that it is for
speculation at this time due to the uncertainty of future I-35W improvements.
Council Meeting Minutes-9-June 11, 2001
Council Member Enger stated that the pedestrian bridge should be done before
Best Buy opens.
M/Ulrich, 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. 9051
RESOLUTION AUTHORIZING ADVANCE ENCUMBRANCE
OF MUNICIPAL STATE AID FUNDS
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9051 in Resolution Book No. 72.
Item #9CONSIDERATION OF APPROVING PLANS, ORDERING PROJECT AND
AUTHORIZING AD FOR BIDS FOR REPLACEMENT OF PENN AVENUE
BRIDGE S.R. NO. 144
Public Works Director Eastling reviewed Staff Report No. 144 regarding
consideration of approving plans, ordering project and authorizing an ad for bids for
replacement of the Penn Avenue bridge.
M/Sandahl, S/Rosenberg to approve plans for the replacement of the Penn Avenue
Bridge over I-494, order City Project 401-30-521 and authorize staff to advertise for bids.
Motion carried 4-1. (Enger opposed.)
Item #10CONSIDERATION OF RECEIPT OF CITY OF RICHFIELD
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR
ENDED DECEMBER 31, 2000 S.R. NO. 145
Finance Manager Regis introduced this agenda item and Tom Hodnefield, Principal,
HLB Tautges Redpath, Ltd. Mr. Hodnefield described the three specific audit reports and
presented a summary of the reports. He stated that all the reports indicated a “clean
finding”.
Mr. Hodnefield highlighted several specific issues for City Council attention
including:
x
Solid tax and special assessment collection
x
Typical investment income – as reported on a market basis
x
General Fund budget – 84% taxes and intergovernmental revenues (SIDS)
x
Haven’t reached target for general fund cash balance
x
Complex accounting due to holding property, etc.
Council Meeting Minutes-10-June 11, 2001
x
Arbitrage requirements
x
GASB Accounting standard changes that are coming
Council Member Enger asked about other revenue sources.
Mr. Hodnefield responded licenses and permits, fines and forfeitures, etc. He
stated that there is no specific recommendation, but rather a general reminder.
Council Member Enger asked about the deficit in the construction sub-fund.
Finance Manager Regis responded that future reimbursement from Federal and
State funds would cover the majority of the deficit shown.
Larry Wozniczka, 6744 Wentworth Avenue, asked about the City program toward
increasing the fund balance.
Mr. Hodnefield and Administrative Services Director Devich responded that it would
take a period of about five years to attain.
Council Member Enger asked about costs spent for Best Buy, airport issues and
lobbyists and wanted to see this data at the budget sessions.
City Manager Orduno responded that this data would be prepared, some is now
available.
Council Member Sandahl asked that the costs defending Walser and other lawsuits
be included.
M/Rosenberg, S/Sandahl to accept the Comprehensive Annual Financial Report of
the City for the year ended December 31, 2000.
Motion carried 5-0.
Item #11CONSIDERATION OF SCHEDULING SPECIAL CITY COUNCIL STUDY
SESSION FOR DISCUSSION OF COUNCIL PROTOCOLS
City Manager Orduno stated that the Council should consider a special City Council
meeting for City Council protocols. She suggested that a time in July be selected.
The Council selected Wednesday, July 11, at 5:30 p.m. for the meeting.
Council Meeting Minutes-11-June 11, 2001
Item #11ACONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO
FLANAGAN SALES FOR CONSTRUCTION OF OPEN-SIDED PICNIC
SHELTER AT MONROE PARK IN AMOUNT OF $16,683.55 S.R. NO. 135
Council Member Enger stated that he had no problem with these expenditures, but
wanted the unused money to be used for another picnic shelter in Augsburg Park.
Mayor Kirsch suggested that this item be brought to the Community Services
Commission for a recommendation on how and where to spend the extra money.
Council Members Sandahl and Enger concurred.
M/Rosenberg, S/Sandahl to award the contract toFlanagan Sales in the sum of
$16,683.55 for the construction of an open-sided picnic shelter at Monroe Park.
Motion carried 5-0.
Item #11BCONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO
FLANAGAN SALES FOR CONSTRUCTION OF OPEN-SIDED PICNIC
SHELTER AT FAIRWOOD PARK IN AMOUNT OF $22,279 S.R. NO. 136
Council Member Rosenberg thanked the Community Services Commission and the
Recreation Services Department for their excellent work on parks and their entire charge.
M/Rosenberg, S/Sandahl to award the contract toFlanagan Sales in the sum of
$22,279 for the construction of an open-sided picnic shelter at Fairwood Park.
Motion carried 5-0.
Item #12AIRPORT STATUS REPORT
City Manager Orduno reported that Richfield’s airport legislation is still alive, but
likely won’t be determined until the very end of the session. She felt that the City still
stands a good chance to succeed in obtaining funding.
City Manager Orduno also stated that the City is working with MAC on obtaining
homes on 18th Avenue. She informed Council Members that a tour of the runway
construction is being scheduled in July.
Council Member Enger asked how long will it take the City of Richfield to get $5
million.
Council Meeting Minutes-12-June 11, 2001
City Manager Orduno said that on the rental car fee, the City would get about $5.6
million per year until the City received $30 million in total; then the money would go into a
fund for other affected Cities that have an approved mitigation plan. She said that there
are no revenue figures shown on the parking tax. Ms. Orduno then summarized the
timetable and procedure for obtaining the affected properties.
Council Member Enger asked how the City is promoting or seeking developers for
the area north of 66th Street.
City Manager Orduno responded that Ryan, as a master developer, is ready to go.
She stated that the City will seek buildings of a mass, structure and height that shield the
neighborhood from a measure of airport noise.
Enger asked what will happen if this noise is much greater than was expected.
City Manager Orduno responded with what she expected would be a testing
process guided by the FAA.
Item #13CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO. 5-14-01
INT Checks:102178 - 102198$130,270.36
H/C107697 - 108002$643,767.29
PAYROLL24961 - 25145$481,894.29
TOTAL$1,255,931.94
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:00 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Steven DevichSamantha Orduno
Acting City ClerkCity Manager