06-25-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
June 25, 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; and Gertrude
Ulrich.
Members
Not Present:Sue Sandahl.
M/Rosenberg, S/Kirsch to determine the absence of Council Member Sandahl as an
excused absence.
Motion carried 4-0.
Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; Mike Eastling, Public Works Director; Bruce
Nordquist, Acting Community Development Director; Jim
Topitzhofer, Recreation Services Director; Chris Regis, Finance
Manager; Cheryl Krumholz, Recording Secretary; and Corrine
Thomson, City Attorney.
Council Meeting Minutes-2-June 25, 2001
APPROVAL OF MINUTES
M/Ulrich, S/Rosenberg to approve the minutes of the Special City Council Meeting
of June 11, 2001.
Motion carried 4-0.
M/Rosenberg, S/Enger to approve the minutes of the Regular City Council Meeting
of June 11, 2001.
Motion carried 4-0.
M/Rosenberg, S/Enger to approve the minutes of the Special City Council Meeting
of June 14, 2001.
Motion carried 4-0.
M/Rosenberg, S/Enger to approve the minutes of the Special City Council Meeting
of June 16, 2001.
Motion carried 4-0.
M/Rosenberg, S/Enger to approve the minutes of the Special City Council Meeting
of June 19, 2001.
Motion carried 4-0.
Item #1PRESENTATION OF PROCLAMATION DESIGNATING JULY 1, 2001
WOMEN OF TODAY FOUNDER’S DAY
Council Member Rosenberg read and presented a proclamation designating July 1,
2001 Women of Today Founder’s Day to Connie McDonald and Michelle Thompson.
Ms. Thompson thanked the City Council for their support throughout the year.
Item #2COUNCIL DISCUSSION ITEMS
Council Member Ulrich provided a synopsis of the June 14 and June 19 Special City
Council meetings.
Council Meeting Minutes-3-June 25, 2001
Council Member Enger asked if it was optional to ride on the Council float, ride in a
car or walk in the Fourth of July parade.
Council Member Rosenberg said there is no requirement to ride on the float. She
said each Council Member makes their own decision.
Item #3OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Deb Nordmarken, 6933 Sheridan Avenue, asked about the acquisition of property in
Bloomington for the Penn Avenue bridge project.
City Manager Orduno answered this issue would be addressed as an agenda item
tonight.
Ms. Nordmarken expressed concerns about the proposed construction on 76th
Street, Crosstown and Penn Avenue and asked how detouring of traffic will be addressed.
City Manager Orduno replied that the Legislature is in Special Session and no
decisions on construction projects have yet been made.
Connie McDonald, 6400 15th Avenue, commented on the many changes taking
place in east Richfield.
Item #4COUNCIL APPROVAL OF AGENDA
Mayor Kirsch removed Consent Calendar Item 5D and placed it on the regular
agenda as Item 15A.
M/Ulrich, S/Rosenberg to approve the agenda as amended.
Motion carried 4-0.
Item #5CONSENT CALENDAR
A.Approved resolution authorizing donation of used City computer equipment to
Richfield Independent School District #280 S.R. No. 146
Council Meeting Minutes-4-June 25, 2001
RESOLUTION NO. 9052
RESOLUTION AUTHORIZING THE TRANSFER OF USED COMPUTER EQUIPMENT
TO INDEPENDENT SCHOOL DISTRICT #280
This resolution appears as Resolution No. 9052 in Resolution Book No. 72.
B.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 15B
C.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 15C
D.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 15A
E.Approved first reading of ordinance approving capital project over $500,000 for
installation of 800 MHz Public Safety radio system S. R. No. 150
Council Member Enger asked to have Items 5B and 5C removed from the Consent
Calendar and placed on the regular agenda.
Mayor Kirsch stated that Items 5B and 5C would be removed from the Consent
Calendar and placed on the regular agenda as Items 15B and 15C.
M/Rosenberg, S/Enger to approve the Consent Calendar as amended.
Motion carried 4-0.
Item #6PUBLIC HEARING AND SECOND READING OF ORDINANCE
REPEALING CABLE TELEVISION ORDINANCE FOR WIDEOPENWEST,
LLC S.R. NO. 151
Administrative Services Director Devich reviewed Staff Report No. 151 regarding
the second reading of an ordinance repealing the cable television ordinance for
WideOpenWest, LLC.
M/Rosenberg, S/Enger to close the public hearing.
Motion carried 4-0.
M/Ulrich, S/Rosenberg that this constitutes the Second Reading of Bill No. 2001-9
repealing the granting of a cable television franchise to WideOpenWest Minnesota, LLC,
that it be published in the official newspaper and that it be made part of these minutes.
Motion carried 4-0.
Council Meeting Minutes-5-June 25, 2001
Item #7PUBLIC HEARING AND SECOND READING OF AMENDMENT TO CITY
CODE SECTION 416 REGARDING SIGN REGULATIONS IN HIGH
DENSITY RESIDENTIAL AREAS S.R. NO. 152
Acting Community Development Director Nordquist presented Staff Report No. 152
regarding the second reading of an amendment to the City Code Section 416 regarding
sign regulations in high density residential areas.
M/Rosenberg, S/Enger to close the public hearing.
Motion carried 4-0.
M/Rosenberg, S/Enger that this constitutes the Second Reading of Bill No. 2001-10
to amend Section 416.07 Subdivision 2(b)(3) of the Richfield Ordinance Code to allow
more than one area identification sign per parcel in the MR-2 and MR-3 districts, that it be
published in the official newspaper and that it be made part of these minutes.
Motion carried 4-0.
Item #8PUBLIC HEARING AND SECOND READING OF AMENDMENT TO CITY
CODE SECTION 416 REGARDING SIGN REGULATIONS AT OUTDOOR
SPORTS ARENAS AND COMPLEXES S.R. NO. 153
Acting Community Development Director Nordquist presented Staff Report No. 153
regarding the second reading of an amendment to the City Code Section 416 regarding
sign regulations at outdoor sports arenas and complexes.
George Kenealey, 7609 Third Avenue, former Richfield City Council Member and
representing abutting neighbors around Roosevelt Park, provided history on the signage in
Richfield parks. He said he helped City staff and Little League representatives draft the
ordinance amendment now being considered. He said these advertisements should be
permitted. He added that the Little League is to prepare a policy as part of their bylaws to
ensure the advertisements are socially acceptable.
Tim Shields, coach and a Richfield Baseball Little League board member serving as
their attorney, clarified two points in the ordinance and said they would do their best to
make sure signage is appropriate.
Council Member Enger asked questions about tournaments at other City parks and
if there could be signage competition between leagues and organizations.
Mr. Shields said that no problems are anticipated.
Council Meeting Minutes-6-June 25, 2001
Council Member Enger said that banners on the outside fences should be
considered to raise additional funds during tournaments on the weekends.
Mr. Shields replied that banners are a sensitive issue with the neighbors of the
fields. He commented on the field maintenance fee imposed by the City and now the
permit fee for signs.
Council Member Enger asked since Taft Park abuts Minneapolis, if the neighbors
on Bloomington Avenue will object to signs at Taft Park and if they’ve been notified to get
their reaction.
City Manager Orduno said no contact had been made, but dialogue will be the first
step in getting cooperation.
Council Member Rosenberg thanked Mr. Shields for his active role in Richfield
sports.
Council Member Ulrich stated she felt the original sign ordinance was fine, but that
she knows the high cost of keeping children in sports. She objects to the infiltration of
children’s sports with advertising. She said she was conflicted about this issue.
M/Rosenberg, S/Enger to close the public hearing.
Motion carried 4-0.
M/Rosenberg, S/Enger that this constitutes the Second Reading of Bill No. 2001-11
to amend Section 416.01 Subdivision 46 and Section 416.07 Subdivision 2 of the Richfield
Ordinance Code to allow scoreboard panels around scoreboards at outdoor sports arenas
and complexes, that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 3-0. (Ulrich abstained.)
Item #9CONSIDERATION OF RESOLUTION APPROVING AND RATIFYING
FINANCIAL TRANSACTIONS RELATED TO CERTAIN TAX INCREMENT
FINANCING DISTRICTS; AND RESOLUTION RATIFYING AND
APPROVING REPAYMENT SCHEDULE FOR INTERFUND LOANS
RELATED TO RICHFIELD REDISCOVERED PROGRAM S.R. NO. 154
Finance Manager Regis reviewed Staff Report No. 154 regarding a resolution
approving and ratifying financial transactions related to certain tax increment financing
districts, and a resolution ratifying and approving a repayment schedule for interfund loans
related to Richfield Rediscovered Program.
Council Meeting Minutes-7-June 25, 2001
M/Rosenberg, S/Ulrich 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. 9053
RESOLUTION APPROVING AND RATIFYING
FINANCIAL TRANSACTIONS RELATED TO
CERTAIN TAX INCREMENT FINANCING DISTRICTS
Motion carried 4-0. This resolution appears as Resolution No. 9053 in Resolution
Book No. 72.
M/Rosenberg, S/Ulrich 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. 9054
RESOLUTION RATIFYING AND APPROVING
REPAYMENT SCHEDULE FOR INTERFUND LOANS
RELATED TO THE RICHFIELD REDISCOVERED PROGRAM
Motion carried 4-0. This resolution appears as Resolution No. 9054 in Resolution
Book No. 72.
Item #10CONSIDERATION OF RESOLUTION APPROVING 2001-2002 LABOR
CONTRACT WITH LAW ENFORCEMENT LABOR SERVICES, INC.,
LOCAL #123 S.R. NO. 155
Administrative Services Director Devich reviewed Staff Report No. 155 regarding a
resolution approving the 2001-2002 Labor Contract with Law Enforcement Labor Services,
Inc., Local #123.
Council Member Enger asked about the turnover rate in Public Safety personnel
and how Richfield’s pay scale compares with other cities.
Administrative Services Director Devich responded that there is turnover due to
younger officers moving to other cities and retirements. He said that Richfield’s pay is in
the mid to slightly upper range and is fairly competitive in the monthly benefit package.
M/Rosenberg, S/Kirsch 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. 9055
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL #123
Council Meeting Minutes-8-June 25, 2001
Motion carried 4-0. This resolution appears as Resolution No. 9055 in Resolution
Book No. 72.
Item #11CONSIDERATION OF RESOLUTION AUTHORIZING USE OF CITY
PROPERTY FOR HIGHWAY IMPROVEMENTS FOR TRUNK HIGHWAY 77
AND AUTHORIZE PREPARATION OF TRANSITORY ORDINANCE
CONVEYING LAND TO MNDOT FOR HIGHWAY PURPOSES S. R. NO.
156
Acting Community Development Director Nordquist reviewed Staff Report No. 156
regarding a resolution authorizing the use of City property for highway improvements for
Trunk Highway 77 and to authorize preparation of a transitory ordinance conveying land to
MnDOT for highway purposes.
Council Member Enger asked why the east side of Highway 77 is transferred now.
Public Works Director Eastling answered it is excess right-of-way available for the
City’s maintenance garage and this kept the transfers all in one package.
Council Member Enger said he supported the resolution, but did not want it to mean
the City was locked into this site for the garage. He said the garage should be within City
property.
M/Rosenberg, S/Kirsch that the following resolution be adopted, that it be spread in
the resolution book and that it be made part of these minutes and to authorize staff to
prepare a transitory ordinance conveying land in Exhibit A to the Minnesota Department of
Transportation for highway purposes:
RESOLUTION NO. 9056
RESOLUTION AUTHORIZING USE OF CITY PROPERTY
FOR PHASE II HIGHWAY IMPROVEMENTS FOR
TRUNK HIGHWAY 77 AT EAST 66TH STREET
Motion carried 4-0. This resolution appears as Resolution No. 9056 in Resolution
Book No. 72.
Item #12CONSIDERATION OF PAYMENTS FOR PURCHASING RIGHT OF WAY
NEEDED FOR PENN AVENUE BRIDGE PROJECT AND 76TH STREET
WIDENING PROJECT FOR DEPOSIT WITH HENNEPIN COUNTY
DISTRICT COURT AS PART OF CONDEMNATION PROCEEDINGS S.R.
NO. 157
Council Meeting Minutes-9-June 25, 2001
Public Works Director Eastling reviewed Staff Report No. 157 regarding
consideration of payments for purchasing the right of way needed for the Penn Avenue
bridge project and the 76th Street widening project for deposit with Hennepin County
District Court as part of the condemnation proceedings. He clarified that the property in
Bloomington stating the Rosenberg Family Trust as owner is no relation to Council
Member Susan Rosenberg so no conflict of interest exists. He also said the action of the
Council should be revised so payments are made to the Hennepin County Court or the
City of Bloomington.
Mr. Eastling said negotiations continue and settlements may be reached before
deposits are made, but to stay on time for the project, action is needed tonight.
Council Member Rosenberg in response to a question raised earlier in the meeting,
confirmed that no Richfield funds were being expended for the Penn Avenue bridge
project.
Council Member Enger asked if the funds are actually part of the bridge project.
City Manager Orduno answered that they are included in the overall project.
M/Ulrich, S/Rosenberg to approve payments for purchasing right of way needed for
both the Penn Avenue Bridge Project (CP 401-30-521) and 76th Street Widening Project
(CP 401-30-513) for deposit with Hennepin County District Court or the City of
Bloomington as part of condemnation proceedings.
Motion carried 3-1. (Enger opposed.)
Item #13CONSIDERATION OF RESOLUTION AUTHORIZING USE OF CITY
PROPERTY FOR HIGHWAY IMPROVEMENTS FOR I-494 AT PENN
AVENUE S. R. NO. 158
Public Works Director Eastling reviewed Staff Report No. 158 regarding a resolution
authorizing the use of City property for highway improvements for I-494 at Penn Avenue.
M/Kirsch, 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. 9057
RESOLUTION AUTHORIZING USE OF CITY PROPERTY
FOR HIGHWAY IMPROVEMENTS OF T.H. 494 AT PENN AVENUE SOUTH
S.P. NO. 2785-328
S.A.P. NO. 27-632-22
CITY PROJECT NO. 401-30-521
Council Meeting Minutes-10-June 25, 2001
Motion carried 3-1. (Enger opposed) This resolution appears as Resolution No.
9057 in Resolution Book No. 72.
Item #14CONSIDERATION OF RESOLUTION GRANTING SUBDIVISION WAIVER
TO ALLOW SPLIT OF CERTAIN TAX PARCELS WITHIN BEST BUY
PROJECT AREA S. R. NO. 159
Acting Community Development Director Nordquist reviewed Staff Report No. 159
regarding a resolution granting a subdivision waiver to allow the split of certain tax parcels
within the Best Buy project area.
M/Rosenberg, S/Ulrich that the following resolution be adopted, that it be spread in
the resolution book and that it be made part of these minutes and authorize staff to make
technical changes to the resolution and exhibits as may be required by the Hennepin
County Recorder or Registrar of Titles to accomplish the lot division:
RESOLUTION NO. 9058
A RESOLUTION GRANTING A SUBDIVISION WAIVER TO BEST BUY CO., INC.;
AUTHORIZING THE SPLIT OF TAX PARCELS 33-028-24-33-0007, 33-028-24-33-0011,
33-028-24-33-0013, 33-028-24-33-0014, 33-028-24-33-0065, 33-028-24-33-0066, 33-
028-24-33-0067, 33-028-24-33-0068, 33-028-24-33-0069, 33-028-24-33-0070, 33-028-
24-33-0093, and 33-028-24-34-0013
Motion carried 3-1. (Enger opposed.) This resolution appears as Resolution No.
9058 in Resolution Book No. 72.
Item #15CONSIDERATION OF LIMITED USE AGREEMENT TO ALLOW BEST
BUY TO MAKE USE OF STREETS IN PROJECT AREA PRIOR TO DATE
THAT STREET VACATION EFFECTIVE S. R. NO. 160
Public Works Director Eastling reviewed consideration of a Limited Use Agreement
to allow Best Buy to make use of the streets in the project area prior to the date that street
vacation is effective.
M/Kirsch, S/Rosenberg to grant and accept the Limited Use Agreement with the
Best Buy Company.
Motion carried 3-1. (Enger opposed.)
Council Meeting Minutes-11-June 25, 2001
Item #15ACONSIDERATION OF APPROVAL OF FIRST READING OF ORDINANCE
AMENDING AND MODIFYING SECTION 805 OF RICHFIELD CITY CODE
RELATING TO BENCHES, BOOTHS AND SHELTERS S.R. NO. 149
M/Enger, S/Rosenberg to defer action on the ordinance relating to bus benches,
booths and shelters and discuss this matter at the July 23 City Council Study Session at
5:30 p.m. to provide an opportunity to address City staff, the City Attorney and U. S. Bench
Corporation regarding questions on this matter.
Motion carried 4-0.
Len Thiel, liaison for U. S. Bench Corporation, said the ordinance had areas left to
judgement that needed clarification.
Item #15BCONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND
AWARD OF CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR
PARKING LOT IMPROVEMENTS AT DONALDSON PARK, COMMUNITY
CENTER, WATER PLANT AND CEDAR/JENSEN IN AMOUNT OF
$243,168.55 S.R. NO. 147
Council Member Enger asked if the Cedar/Jensen parking lot was included in the
bid total and if they will pay all those costs.
Public Works Director Eastling answered yes to both questions.
Council Member Enger said he would like to have the water plant parking lot
adjusted so the uniformity of the sidewalk would be maintained when the sidewalk along
Portland by Veterans Memorial Park of Richfield is moved.
Public Works Director Eastling said he would provide a report to the City Council
after final design of the sidewalk is determined.
Council Member Enger asked for a breakdown of costs per parking lot project.
Public Works Director Eastling said that would be provided.
M/Rosenberg, S/Enger to accept bid minutes/tabulation and award a contract for
parking lot improvements, City Projects 402-30-555 (Donaldson Park and Community
Center), 501-30-569 (Water Plant) and 917-25-957 (Cedar/Jensen), to Bituminous
Roadways, Inc. in the amount of $243,168.55.
Motion carried 4-0.
Council Meeting Minutes-12-June 25, 2001
Item #15CCONSIDERATION OF APPROVAL OF JUST COMPENSATION FOR
6344-18TH AVENUE IN AMOUNT OF $158,000 S.R. NO. 148
Council Member Enger asked if this compensation offer was originally declined.
Acting Community Development Director Nordquist said it was deferred due to not
wanting to disrupt the school year.
Council Member Enger asked about extra funds being available to buy 6339 18th
Avenue.
City Manager Orduno responded that purchasing the properties has not been
forced, but as the project moves forward, declining an offer will not be an option. As more
sites become available, redevelopment of that area is the goal.
Council Member Enger stated he thought the prices for these homes were
extremely fair.
Mayor Kirsch asked about the status of the house moving.
City Manager Orduno answered there is a timeline in place, all homes should be
moved by the end of the summer.
Council Member Enger asked that a letter be sent to residents in the area stating
that as funds become available, their homes will want to be purchased.
M/Enger, S/Rosenberg to approve just compensation of $158,000 for 6344 18th
Avenue.
Motion carried 4-0.
Item #16AIRPORT STATUS REPORT
City Manager Orduno reported the legislature was in Special Session and
Richfield’s issues were still alive.
City Manager Orduno said that at the recent League of Minnesota Cities Annual
Conference in Duluth she accepted, on the City’s behalf, an Honorable Mention in the
2001 City Achievement Awards Program for innovation and excellence in cooperation.
She said the City’s entry was based on the low frequency noise study and the approach to
working with MAC, the Legislature and citizens to move forward with noise mitigation.
Council Meeting Minutes-13-June 25, 2001
Item #13CLAIMS AND PAYROLL
M/Rosenberg, S/Enger that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks:102199 - 107198$72,964.73
H/C108004 - 108384$4,476,716.57
PAYROLL25146 - 25398$505,047.13
TOTAL$5,054,728.43
Motion carried 4-0.
Council Member Rosenberg asked that staff coordinate sending an
acknowledgement from the Richfield City Council to Richard Schulze, Best Buy founder
and CEO, regarding the death of his wife Sandra.
Council Member Ulrich provided a synopsis of a recent Met Council Planning for
Southwest Metro Area meeting regarding freeway congestion.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:37 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager