07-23-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 23, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:07 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; Gertrude Ulrich; John
Enger; and Sue Sandahl.
Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; Mike Eastling, Public Works Director; Bruce
Palmborg, Community Development Director; Dan Scott, Public
Safety Director; Randy Hughes, Operations Coordinator; Cheryl
Krumholz, Recording Secretary; and Corrine Thomson, City
Attorney.
APPROVAL OF MINUTES
M/Rosenberg, S/Sandahl to approve the minutes of the Special City Council
Meeting of July 9, 2001; Regular City Council Meeting of July 9, 2001; Special City Council
Study Session of July 11, 2001; and Special City Council Meeting of July 12, 2001.
Motion carried 5-0.
Council Meeting Minutes-2-July 23, 2001
Item #1COUNCIL DISCUSSION ITEMS
Council Member Rosenberg acknowledged the receipt of a residents’ petition from
the area of 66th and 69th Streets and Humboldt Avenue related to traffic issues. She
asked to have a meeting with Public Works staff, the City Manger and herself to discuss
strategy for this area and the possible formation of a task force. She thanked the residents
for submitting the petition.
Council Member Rosenberg reported that the West 70th Street Task Force had
completed their meetings and a recommendation will be submitted to the City Council
regarding traffic calming options. She thanked the residents for their strong interest in the
community.
Council Member Ulrich reported that Penn Cycle and ARC Value Village Thrift
Store, Richfield businesses, won an award for their outstanding recycling programs. She
also mentioned a recent article in the Star Tribune about former Richfield Mayor Loren
Law’s son.
Council Member Sandahl reported that Council Member Enger and she recently
attended the National Organization to Insure a Sound-controlled Environment (N.O.I.S.E.)
conference in Portland, Oregon. She said one of the discussions at the conference
included the effects of noise on your health and that an issue is the perception of noise
versus actual noise levels.
Council Member Enger read the N.O.I.S.E. award presented to the City as the
N.O.I.S.E. 2001 Community of the Year in recognition of national leadership in the push for
low frequency noise standards and its determination to work with the Federal Aviation
Administration, its representatives in Congress, and the local airport authority to mitigate
the adverse noise effects of a proposed new runway just 1200 feet from some of the
homes in the community.
Council Member Enger reported he found the N.O.I.S.E. Conference very beneficial
because most of the other 38 states represented also experienced airport issues. Mr.
Enger reported on a ground run-up enclosure in Portland. He said that if the
Minneapolis/St. Paul airport builds this type of enclosure it should greatly reduce ground
run-up noise. He said he would fight to get an enclosure built.
Mayor Kirsch thanked Council Members Sandahl and Enger for representing
Richfield at the conference.
City Manager Orduno announced that Council Member Sandahl had recently been
appointed to the Transportation Committee of the National League of Cities.
Council Member Enger requested to have Items 4A, 4B, 4D, 4E and 4F removed
from the consent calendar.
Council Meeting Minutes-3-July 23, 2001
Item #2OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Paul Nelson, 6633 16th Avenue, expressed concern about airport run-up noise and
encouraged the Council to support the building of a ground run-up enclosure.
Roger Johnson, 7045 Bloomington Avenue, stated that something needs to be done
to get the legislature’s attention regarding the 1996 mitigation commitments.
Robert Hall, 7309 Oliver Avenue, expressed concern about several funding issues
and unexpected spending related to the Best Buy project. He stated he is vehemently
opposed to the City Manager’s proposal to eliminate the citizen comment period at Council
meetings. He suggested moving City Council meetings to Thursdays so the Richfield Sun
Current can report more timely items. He also hoped the touring Council meetings would
be scrapped after the fiasco at Veterans Memorial Park of Richfield on July 9.
Item #3COUNCIL APPROVAL OF AGENDA
Mayor Kirsch removed Consent Calendar Items 4A, 4B, 4D, 4E, 4F and placed
them on the regular agenda as items 14B, 14C, 14D, 14E and 14F. Item 12 on the regular
agenda was moved to Item 14A.
M/Ulrich, S/Rosenberg to approve the agenda as amended.
Motion carried 5-0.
Item #4CONSENT CALENDAR
A.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 14B.
B.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 14C.
C.Approved renewal of lawful gambling license with fee waiver and resolution allowing
bingo and pulltab operations for Church of the Assumption, 305 East 78th Street
S.R. No. 169
Council Meeting Minutes-4-July 23, 2001
RESOLUTION NO. 9062
RESOLUTION GRANTING APPROVAL FOR
THE CHURCH OF THE ASSUMPTION
TO CONDUCT LAWFUL GAMBLING
This resolution appears as Resolution No. 9062 in Resolution Book No. 72.
D.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 14D.
E.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 14E.
F.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 14F.
G.Approved first reading of ordinance amendment relating to regular meetings of City
Council; amending Subsection 205.01 of Richfield City Code S.R. No. 175
H.Approved itinerant place of amusement and itinerant food license with fee waiver for
Church of St. Peter’s annual fall festival, 6730 Nicollet Avenue, on October 6 and 7,
2001 S.R. No. 176
M/Rosenberg, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #5PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE APPROVING CAPITAL IMPROVEMENT PROJECT OVER
$500,000 FOR PURCHASE AND INSTALLATION OF 800 MHZ PUBLIC
SAFETY RADIO SYSTEM S.R. NO. 177
City Manager Orduno reviewed Staff Report No. 177 regarding the public hearing
and second reading of a transitory ordinance approving a capital improvement project over
$500,000 for the purchase and installation of an 800 MHZ Public Safety radio system.
M/Ulrich, S/ Rosenberg to close the public hearing.
Motion carried 5-0.
M/Ulrich, S/Sandahl that this constitutes the Second Reading of Bill No. 2001-12
Transitory Ordinance No. 18.07 approving a capital improvement project to purchase and
install a new Public Safety radio system, pursuant to Richfield City Charter, Section 8.04,
that it be published in the official newspaper and that it be made part of these minutes.
Council Meeting Minutes-5-July 23, 2001
Motion carried 5-0.
Item #6PUBLIC HEARINGS AND CONSIDERATION OF RESOLUTIONS
REGARDING ADOPTION OF SPECIAL ASSESSMENT ROLLS FOR
PERIOD JANUARY 1 THROUGH DECEMBER 31, 2000
x
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY S.R.
NO. 178
x
77TH STREET MAINTENANCE S.R. NO. 179
x
LYNDALE/HUB/NICOLLET MAINTENANCE S.R. NO. 180
City Manager Orduno reviewed Staff Report No.’s 178, 179 and 180 regarding the
public hearings and consideration of resolutions regarding the adoption of the special
assessment rolls for the period of January 1 through December 31, 2000 for removal of
diseased trees from private property; 77th Street maintenance; and Lyndale/HUB/Nicollet
maintenance.
Douglas Altman, attorney representing Bradley Operating Limited Partnership
owner of the HUB Shopping Center, spoke in opposition to the LHN special assessment.
He submitted a written objection. (Clerk’s File No. C-372.)
Jim Wenthold, agent representing 1550, 1620 and 1640 East 78th Street, spoke in
opposition to the 77th Street special assessment. He submitted a written objection.
(Clerk’s File No. C-373.)
Public Works Director Eastling stated the City Council policy, dating back to the
early 1980’s, was to not include residential property in the maintenance assessments. He
said the City Council might want to revisit this matter for next year’s assessments because
of the high density and property changes in the City.
Robert Hall, 7309 Oliver Avenue, asked about 2001 assessments and how
payments were made.
Public Works Director Eastling explained the assessment process and the annual
cost payments.
M/Rosenberg, S/Sandahl to close all three public hearings.
Motion carried 5-0.
Council Member Enger asked for clarification of the payments for the LHN
maintenance.
Mr. Altman provided clarification to his previous comments to the City Council.
Council Meeting Minutes-6-July 23, 2001
M/Rosenberg, S/Sandahl that the following resolutions be adopted, that they be
spread in the resolution book and that they be made part of these minutes:
RESOLUTION NO. 9063
RESOLUTION ADOPTING ASSESSMENT
ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2000 THROUGH DECEMBER 31, 2000
RESOLUTION NO. 9064
RESOLUTION ADOPTING ASSESSMENT
ON 77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1 - DECEMBER 31, 2000
RESOLUTION NO. 9065
RESOLUTION ADOPTING ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1THROUGH DECEMBER 31, 2000
Council Member Enger asked if the removal of diseased trees was generally
assessed to the taxes.
Operations Coordinator Hughes answered that the property owner has a choice, but
approximately half are assessed and interest is charged.
Council Member Enger asked when the interest accrual begins.
Council Member Sandahl read from the resolution when the interest becomes
effective.
Council Member Ulrich said she supported the revisiting of the assessment process,
beginning with the 2002 assessments.
Motion carried 5-0. These resolutions appear as Resolution No.’s 9063, 9064 and
9065 in Resolution Book No. 72.
Item #7PUBLIC HEARINGS AND CONSIDERATION OF RESOLUTIONS TO
SPECIALLY ASSESS FOR CURRENT MAINTENANCE SERVICES FOR
JANUARY 1 THROUGH DECEMBER 31, 2002
x
77TH STREET MAINTENANCE S.R. NO. 181
x
LYNDALE/HUB/NICOLLET MAINTENANCE S.R. NO. 182
City Manager Orduno reviewed Staff Report No.’s 181 and 182 regarding the public
hearings and consideration of resolutions to specially assess for current maintenance
services for January 1 through December 31, 2002 for 77th Street maintenance and
Council Meeting Minutes-7-July 23, 2001
Lyndale/HUB/Nicollet maintenance and suggested action on these items be tabled to a
date certain for a discussion to possibly include residential properties in the assessment
for maintenance services.
Matt Rieger, 4016 Garfield Avenue, representing Richfield Shoppes, spoke in
opposition to the LHN assessment for maintenance services.
M/Rosenberg, S/Ulrich to close both public hearings.
Motion carried 5-0.
M/Rosenberg,that the following resolutions be adopted, that they be spread in the
resolution book and that they be made part of these minutes:
RESOLUTION
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2002
RESOLUTION
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1THROUGH DECEMBER 31, 2002
Motion failed for lack of a second.
City Manager Orduno said the City Council should address how to handle the
maintenance assessments in future developments.
Council Member Sandahl said she believed the adding of other components into the
special assessment has ramifications that need to be more fully discussed. She asked
about the timeline for the 2002 assessments.
City Attorney Thomson said the services are in 2002 so they can be ordered as late
as December. She added enough notification time to the affected properties needs to be
considered. She said assessments couldn’t be ordered if notification of the improvement
hearing had not been provided so there was an opportunity for the public to speak on the
matter.
M/Sandahl, S/Ulrich to table action on the resolutions ordering the 77th Street
maintenance and the LHN maintenance work for the period of January 1, 2002 through
December 31, 2002 to be done and the costs specially assessed and place this matter on
the September 10 City Council Worksession agenda for further discussion.
Motion carried 5-0.
Council Member Sandahl said the affected areas should be notified of the
September 10 discussion.
Council Meeting Minutes-8-July 23, 2001
Item #8CONSIDERATION OF NEW RESIDENTIAL KENNEL LICENSE FOR 6435
MORGAN AVENUE; FOUR DOGS S.R. NO. 183
City Manager Orduno reviewed Staff Report No. 183 regarding consideration of a
new residential kennel license for 6435 Morgan Avenue for four dogs.
Public Safety Director Scott reported on the inspection findings of the property.
Council Member Enger asked how high the fence was on the property.
Kathy Palaia, license applicant who resides at 6435 Morgan Avenue, said the fence
is 6 feet high.
Council Member Rosenberg asked the applicant why she did not comply with the
mediation agreement regarding the use of a shock collar.
Ms. Palaia said she did comply.
The following neighbors spoke in opposition to the issuance of the kennel license:
Sally Steele, 6444 Morgan Avenue; DeWitt Killam, 6434 Morgan Avenue; and Gretchen
Benda, 6439 Morgan Avenue.
Council Member Sandahl said the kennel license is a privilege, not a right. She said
it appears the dogs are a danger.
Council Member Rosenberg asked if the application is denied and two dogs can
only remain, does the applicant have the choice of which ones to keep.
Public Safety Director Scott answered the applicant can make the choice. He
explained the importance of filing a police report when there is a dog bite and the process
for labeling a dog dangerous.
Council Member Rosenberg said she supported the denial of the license. She
urged the applicant to monitor the dogs carefully.
Council Member Sandahl suggested training for the dogs.
Council Member Enger suggested putting a muzzle on the dogs.
Mayor Kirsch said he supported denial of the license based upon the neighborhood
record.
M/Sandahl, S/Enger to deny the request for a new residential kennel license for
Kathleen Palaia, 6435 Morgan Avenue.
Motion carried 5-0.
Council Meeting Minutes-9-July 23, 2001
Item #9CONSIDERATION OF PARKING, BUILDING IMPROVEMENTS AND
LAND USES AT GRAMERCY PARK S.R. NO. 184
City Manager Orduno reviewed Staff Report No. 184 regarding consideration of
parking, building improvements and land uses at Gramercy Park. She said this was a
discussion item at the earlier Council Worksession this evening.
Council Member Sandahl said she believed the issue was not insufficient parking,
but rather inconvenient parking. Tonight’s action corrected the problem short-term, but the
building of City Bella will include a long-term correction. She said guest parking would be
more visible. She said she supports tonight’s action, but future development needs to be
reviewed carefully.
Council Member Rosenberg said Gramercy met the established City Code parking
requirements.
Mayor Kirsch asked how the parking requirements were established.
Community Development Director Palmborg answered the zoning ordinance
established requirements based upon standards.
Council Member Ulrich asked if different standards would apply if Gramercy were
not in a planned unit development (PUD).
Community Development Director Palmborg answered that the standards for a PUD
were met.
Council Member Enger said the City Code is lacking because additional parking
was needed almost immediately when Gramercy opened. He suggested changing the
code to require fully adequate parking in all City locations. He said he supports tonight’s
action, but it does not mean there is adequate parking at Gramercy.
Council Member Sandahl agreed with tonight’s action and that adequate parking
needs to be provided as projects move forward. She said Gramercy should inform the City
Council of the parking issues as City Bella progresses.
Council Member Ulrich read the following from the staff report to inform the public of
what is being approved: “The HRA has authorized the temporary leasing of property at
709 Graham Avenue (directly behind and north of Gramercy Park) to provide
approximately 16 additional surface parking spaces. Gramercy Corporation, on behalf of
Gramercy Park, would install and pay for: providing a paved, stripped parking surface;
adding an entrance door with security features, canopy, sidewalk and lighting at the
northwest corner of Gramercy Park; making similar improvements to the rear entrance to
the VFW; improving signage and security at the rear of the building; and ensuring no new
signage promoting hair styling or other internal services would be added.”
Council Meeting Minutes-10-July 23, 2001
Council Member Enger assured the Lake Shore Drive and Gramercy residents that
the parking issues were not yet solved, but would continue to be worked on with an
amicable conclusion reached.
M/Sandahl, S/Kirsch to confirm that additional parking and building improvements
proposed for Gramercy Park are consistent with the previously approved Planned Unit
Development Plan and the Conditional Use Permit, including the incidental hair styling
services for Gramercy Park visitors.
Motion carried 5-0.
Item #10CONSIDERATION OF AWARD OF CONTRACT FOR RECONSTRUCTION
AND WIDENING OF 76TH STREET FROM I-35W TO WEST OF PENN
AVENUE S. R. NO. 185
City Manager Orduno reviewed Staff Report No. 185 regarding the consideration of
an award of contract for reconstruction and widening of 76th Street from I-35W to west of
Penn Avenue. She said the bid minutes were distributed to the City Council tonight and
the staff recommendation is to have the contract awarded to the low bidder, Progressive
Contractors, Inc., for $3,753,726.46.
City Manager Orduno reported that the City sent a letter to the Minnesota
Environmental Quality Board (EQB) regarding the preparation of a supplement to the Final
Environmental Impact Statement for the Best Buy Campus. She said a written response
regarding whether work can proceed on the campus under existing approvals and whether
the remaining approvals for construction can be issued was requested, but had not yet
been received. She informed the City Council there is an element of risk to the City in
awarding the 76th Street reconstruction contract because of the possible interpretation that
the project cannot move forward.
Larry Wozniczka, 6744 Wentworth Avenue, stated the bid details were not available
in the public copy of the Council agenda and requested that in the future this information
be included.
Public Works Director Eastling explained the bid was opened on Friday and the
details were provided to the City Council tonight.
Council Member Enger asked the cost of the utility improvements on Knox Avenue.
Public Works Director Eastling answered $200,000 to move and upgrade the
utilities and Best Buy was paying to improve the lift station.
Council Member Enger said these costs to improve Knox Avenue utilities should be
paid by Best Buy and not borne by the taxpayers.
Council Meeting Minutes-11-July 23, 2001
Public Works Director Eastling said the breakdown in costs was determined based
upon the Best Buy agreement.
Council Member Rosenberg said the improvements benefit the apartments on Knox
Avenue and 76th Street and the Colony Apartments supported the improvements.
City Manager Orduno said the 76th Street improvements are not new, they were in
the City’s Capital Improvement Project program years ago, but the current timing coincides
with the Best Buy project.
Council Member Enger said that because of Best Buy, the money obtained through
Congressman Sabo for completing 77th Street are diverted.
City Manager Orduno explained the ring-road plan in Richfield and Bloomington to
ease traffic on I-494 for the shorter trips. She said 76th Street, I-35W and Penn Avenue
were part of the plan.
Council Member Enger said diverting the money for the Best Buy project does not
allow completion of the ring-road plan and believes that is wrong.
City Manager Orduno said the Lyndale Avenue bridge and 77th Street tunnel are
not ready, but doing the 76th Street reconstruction allows completion of one portion of the
ring-road plan.
M/Rosenberg, S/Kirsch to approve the award of contract for reconstruction and
widening of 76th Street from I-35W to west of Penn Avenue to Progressive Contractors,
Inc. for $3,753,726.46.
Motion carried 4-1. (Enger opposed.)
Item #11CONSIDERATION OF AWARD OF CONTRACT FOR DEMOLITION OF
METRO HYUNDAI SERVICE CENTER BUILDING, 2115 SOUTHTOWN
DRIVE, BLOOMINGTON, NEEDED FOR PENN AVENUE BRIDGE OVER I-
494 S. R. NO. 186
City Manager Orduno reviewed Staff Report No. 186 regarding the consideration of
an award of contract for demolition of Metro Hyundai Service Center building, 2115
Southtown Drive, Bloomington, needed for the Penn Avenue Bridge over I-494. She said
the bid minutes were distributed to the City Council tonight and the staff recommendation
is to have the contract awarded to Veit & Company, Inc. for $38,990.00.
Council Member Enger asked if the City owned this property since paying for the
demolition.
Council Meeting Minutes-12-July 23, 2001
Public Works Director Eastling said it is part of the right-of-way purchase and is a
total take.
M/Ulrich, S/Rosenberg to approve the award of contract for demolition of the Metro
Hyundai Service Center building, 2115 Southtown Drive, Bloomington, to Veit & Company,
Inc. for $38,990.00.
Motion carried 4-1. (Enger opposed.)
Item #12CONSIDERATION OF AGREEMENT BETWEEN RELIANT ENERGY
MINNEGASCO AND CITY OF RICHFIELD TO RELOCATE GAS MAIN
FOR PENN AVENUE BRIDGE PROJECT S. R. NO. 187
This item will be considered as Item 14A.
Item #13CONSIDERATION OF:
x
FINANCING METHOD FOR TRANSPORTATION REVOLVING LOAN
FUND LOAN AGREEMENT BETWEEN MINNESOTA PUBLIC
FACILITIES AUTHORITY AND CITY OF RICHFIELD FOR PARTIAL
FINANCING OF PENN AVENUE BRIDGE PROJECT
x
RESOLUTION DECLARING ADEQUACY OF PETITION FOR
IMPROVEMENT PROJECT FROM BEST BUY COMPANY, ORDERING
PREPARATION OF PROJECT FEASIBILITY REPORT AND ORDERING
PUBLIC HEARING FOR AUGUST 13, 2001
x
RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF
AGREEMENT AMONG CITY, HRA AND BEST BUY COMPANY, INC.
REGARDING PENN AVENUE BRIDGE REPLACEMENT PROJECT
S. R. NO. 188
City Manager Orduno reviewed Staff Report No. 188 regarding consideration of:
x
Financing method for Transportation Revolving Loan Fund loan agreement
between Minnesota Public Facilities Authority and the City of Richfield for partial
financing of the Penn Avenue bridge project;
x
Resolution declaring adequacy of petition for improvement project from Best Buy
Company, ordering the preparation of a project feasibility report and ordering a
public hearing for August 13, 2001; and
x
Resolution authorizing the execution and delivery of an agreement among the
City, HRA and Best Buy Company, Inc. regarding the Penn Avenue bridge
replacement project.
Council Meeting Minutes-13-July 23, 2001
She said that legal counsel with Kennedy & Graven was present to answer
questions regarding the financing of the bridge.
David Kennedy, legal counsel with Kennedy and Graven, reviewed the information
provided in a memo dated June 28, 2001 from City Attorney, Corrine Thomson. This
included a General Introduction, the Proposed Schedule of Events, the Possible Variation
and the Conclusion and Recommendation for this financing proposal.
Council Member Enger asked what happened if the $1.7 million was not made
available and would that money become the taxpayers’ obligation.
Mr. Kennedy answered the City would sell bonds on the open market and the same
mechanism of assessment would be used.
Council Member Enger asked if MnDOT guarantees to return the $6.7 million.
City Manager Orduno said confirmation had been received, but there was the risk
the Legislature would not provide funding. She added that MnDOT has always worked
well with the City.
Council Member Enger asked if the bridge is built with no cost to Bloomington.
City Manager Orduno answered yes; there has been good cooperation and
Bloomington has been a partner in the project.
M/Sandahl, S/Rosenberg to approve the proposed method for financing the
Transportation Revolving Loan Fund loan agreement between the Minnesota Public
Facilities Authority and the City of Richfield for partial financing of the Penn Avenue bridge
project and that the following resolutions be adopted, that they be spread in the resolution
book and that they be made part of these minutes:
RESOLUTION NO. 9066
RESOLUTION DECLARING ADEQUACY OF
PETITION FOR AN IMPROVEMENT PROJECT;
ORDERING PREPARATION OF A REPORT; AND
CALLING FOR A PUBLIC HEARING
ON THE IMPROVEMENT PROJECT
RESOLUTION NO. 9067
RESOLUTION AUTHORIZING THE EXECUTION
AND DELIVERY OF AN AGREEMENT AMONG THE
CITY, THE HOUSING AND REDEVELOPMENT AUTHORITY
AND BEST BUY CO., INC. REGARDING THE PENN
AVENUE BRIDGE REPLACEMENT PROJECT
Motion carried 4-1. (Enger opposed.) These resolutions appear as Resolution No.’s
9066 and 9067 in Resolution Book No. 72.
Council Meeting Minutes-14-July 23, 2001
Item #14CONSIDERATION OF RESOLUTION REGARDING RICHFIELD CITY
COUNCIL RULES OF PROCEDURE AND DECORUM S. R. NO. 189
City Manager Orduno reviewed Staff Report No. 189 regarding consideration of a
resolution regarding Richfield City Council Rules of Procedure and Decorum. She
suggested that these rules be reviewed on an annual basis, especially if new Council
Members are elected.
Council Member Ulrich asked who informs the Charter Commission of code
changes.
City Manager Orduno answered the City Council. She said Administrative Services
Director Steve Devich and she are reviewing the Charter related to conflicts with State law.
Council Member Ulrich stated Section 12, subd. 1, Items Presented to the Council,
should be a regular procedure. She suggested Section 6, subd. 2 be deleted because it is
redundant with subd. 5.
Council Member Sandahl said the last two sentences of the to-be-deleted subd. 2 of
Section 6 should be added to subd. 5, Excused from Voting.
Council Member Rosenberg clarified that the speaker’s comment at the beginning
of the meeting regarding the City Manager eliminating the citizen comment period was
incorrect. This was a City Council decision, not a staff decision. She said there was a
Council Study Session on this matter and the City Council agreed on the Rules of
Procedure and Decorum. She said the lack of respect and decorum displayed by the
public at City Council meetings is disturbing; City Council meetings should be treated as a
courtroom.
Council Member Ulrich asked for clarification of Section 14, subd. 1(d), Attendance
at Council Meetings, regarding stating the Council Member’s location during the meeting if
they are absent.
City Manager Orduno said it was a matter of interpretation, but generally meant
“away from the meeting”.
Council Member Sandahl clarified in Section 3, subd. 4, Council Meetings, should
read 12 (not 72) hours written notice.
City Attorney Thomson added that in that same subdivision, “his” should be
changed to “the Council Member’s”.
Larry Wozniczka, 6744 Wentworth Avenue, asked, in Section 13, subd. 6,
Ordinances and Resolutions, if “of” is correct. He also asked if the City Council would
change the Charter to match the Rules of Procedure and Decorum.
Council Meeting Minutes-15-July 23, 2001
City Manager Orduno said “of” should be “or”. She added that State law has
precedence over the Charter and if not in the law, the Charter has precedence.
Mr. Wozniczka stated the honor and the intent of the City Charter should be
followed. He asked how the items presented to the Council at a meeting are filed.
City Manager Orduno answered the City Clerk’s office maintains the information.
M/Ulrich, S/Rosenberg, that the following resolution be adopted as amended, that it
be spread in the resolution book and that it be made part of these minutes:
RESOLUTION NO. 9068
RESOLUTION ADOPTING RULES OF PROCEDURE AND
DECORUM FOR CITY COUNCIL MEETINGS
Motion carried 5-0. This resolution appears as Resolution No. 9068 in Resolution
Book No. 72.
Item#14ACONSIDERATION OF AGREEMENT BETWEEN RELIANT ENERGY
MINNEGASCO AND CITY OF RICHFIELD TO RELOCATE GAS MAIN
FOR PENN AVENUE BRIDGE PROJECT S. R. NO. 187
City Manager Orduno reviewed Staff Report No. 187 regarding consideration of an
agreement between Reliant Energy Minnegasco and the City of Richfield to relocate the
gas main for the Penn Avenue Bridge Project. She said a response to the revised
agreement had not been received so there was no agreement before the Council at this
time.
Jim Strommen, Kennedy and Graven attorney, reviewed the timeframe related to
the relocation - beginning August 15 and finishing by October 15 which is the end of the
construction period for Reliant. If the work is not finished by October 15, it waits until the
spring for completion. Mr. Strommen reviewed the issues regarding the terms of
reimbursement for the relocation costs. He said because one of the options is litigation, he
suggested further discussion of the reimbursement should be conducted in a Closed
Executive Session.
Mike Bradley, attorney from Moss & Barnett and representing Reliant Energy
Minnegasco, and Rick Pilan, Senior Administrative Engineer of Reliant Energy
Minnegasco, addressed the Council.
Mr. Bradley, citing Minnesota Statute 161.46, subd. 2, stated Reliant’s position
related to the relocation. He said Reliant was entitled to full reimbursement and if the City
wants this work done, the City needs to prepare a contract stating Reliant’s legal costs will
be paid in the event they win litigation. He said the dispute was because Richfield and
Best Buy have requested an acceleration of the I-494/Penn Avenue bridge reconstruction
and MnDOT has agreed to pay part of the costs.
Council Meeting Minutes-16-July 23, 2001
Mayor Kirsch adjourned the meeting at 10:05 p.m. to continue with the Closed
Executive Session in the Executive Conference Room. The Mayor noted that the Council
would reconvene in the Council Chambers after the Closed Executive Session concluded.
The Regular City Council Meeting reconvened at 10:41 p.m.
M/Sandahl, S/Rosenberg to enter into a revised agreement with Reliant Energy
Minnegasco to relocate the natural gas pipeline immediately within the City’s timeframe to
be completed by October 15, 2001 and defer the cost allocation to a later date with the
understanding the City will front the costs for this relocation and also include in the Reliant
Energy Minnegasco Agreement the authorization that the City would pay Reliant Energy
Minnegasco’s litigation costs in the event they win litigation regarding who pays the cost,
but also authorizing the City Council and staff to commence litigation if a reasonable
agreement cannot be reached with Reliant Energy Minnegasco.
Motion carried 4-1. (Enger opposed.)
Item#14BCONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING
APPLICATION FOR OPPORTUNITY GRANT THROUGH LIVABLE
COMMUNITIES DEMONSTRATION PROGRAM S.R. NO. 169
City Manager Orduno reviewed Staff Report No. 169 regarding consideration of a
resolution authorizing the application for the Opportunity Grant through Livable
Communities Demonstration Program.
Council Member Enger asked if doing the feasibility study was prudent at this time if
a different developer is used for the Lyndale Avenue and 66th Street quadrant.
Community Development Director Palmborg explained the objectives related to a
skyway connecting with Wood Lake Nature Center and the development of the quadrant.
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. 9060
RESOLUTION AUTHORIZING APPLICATION FOR AN OPPORTUNITY GRANT
THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM
Council Member Sandahl said she supported the resolution because the funds
could be leverage with a developer. She said there is no guarantee the grant is received
and it could be declined if it is granted.
Council Meeting Minutes-17-July 23, 2001
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9060 in Resolution Book No. 72.
Item#14CCONSIDERATION OF APPROVAL OF RESOLUTION DESIGNATING
INCREASE IN THE CITY’S CONTRIBUTION TOWARD HEALTH
INSURANCE PREMIUMS FOR GENERAL SERVICES AND
MANAGEMENT EMPLOYEES S.R. NO. 170
City Manager Orduno reviewed Staff Report No. 170 regarding consideration of a
resolution designating an increase in the City’s contribution toward health insurance
premiums for General Services and Management employees.
Council Member Enger asked for clarification of the types of employees receiving
this increase. He also asked if the clerical employees are members or have been asked to
become members of AFSCME.
Administrative Services Director Devich explained the classifications of employees
in the General Services and Management pay plans and said AFSCME has not been
considered.
Council Member Enger said he believed that if all City workers share the same
benefits, they should be union members. He said it is unfair to union members who pay
dues to have negotiations for their benefits.
Administrative Services Director Devich said the City has a 15-year history of
providing full-time employees the same benefit contributions regardless of the pay plan to
maintain internal equity. He said non-union members are treated with the same respect as
union members.
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. 9061
RESOLUTION DESIGNATING CITY’S CONTRIBUTION
TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE
PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES
Motion carried 5-0. This resolution appears as Resolution No. 9061 in Resolution
Book No. 72.
Council Meeting Minutes-18-July 23, 2001
Item#14DCONSIDERATION OF APPROVAL OF FIRST READING OF ORDINANCE
AMENDMENT REZONING PARCEL AT 6937 PENN AVENUE AND 14
SOUTHERLY FEET OF PARCEL OF 6933 PENN AVENUE FROM
SINGLE FAMILY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL
S.R. NO. 172
City Manager Orduno reviewed Staff Report No. 172 regarding the first reading of
an ordinance rezoning the parcel at 6937 Penn Avenue and the 14 southerly feet of parcel
at 6933 Penn Avenue from single family residential to neighborhood commercial.
Council Member Enger asked where the funding came from for the purchase of the
properties because of flooding.
Community Development Director Palmborg answered the storm sewer utility fund.
Council Member Enger stated the developer said homes could be built in this area
with a stormwater holding pond.
Community Development Director Palmborg said the neighbors desired a holding
pond to accommodate the area. He said housing could not be accommodated with the
size of pond needed.
Council Member Enger said this was a loss in tax base in that area. He also
reported on a friend of his who lived in the area and was disappointed in how he was
treated during the purchase process for his home. Mr. Enger said it appeared the City did
not do proper “homework” - his friend would have given the City the seven feet wanted, but
he was forced out.
City Manager Orduno said she would research this matter. She said generally there
is sound rationale for the City’s actions.
Council Member Enger said he would support tonight’s action because some
development is better than no development.
Council Member Rosenberg stated she took issue with Council Member Enger’s
comment about the City not doing their “homework” and said that was an unfair statement
about the City. She stated she was involved in the process and clarified the situation
Council Member Enger spoke about. She said she worked with the residents to get a fair
price for their property.
M/Rosenberg, S/Sandahl to approve first reading of an ordinance rezoning the
parcel at 6937 Penn Avenue and the 14 southerly feet of the parcel at 6933 Penn Avenue
from R to C-1; and set a second reading and public hearing for August 13, 2001.
Motion carried 5-0.
Council Meeting Minutes-19-July 23, 2001
Item#14ECONSIDERATION OF APPROVAL OF FIRST READING OF
TRANSITORY ORDINANCE AUTHORIZING SALE OF PROPERTY AT
6933-37 PENN AVENUE TO DR. DONALD JOHNSON FOR
CONSTRUCTION OF PARKING LOT ADJACENT TO 6945 PENN
AVENUE S.R. NO. 173
Council Member Enger said he had no further comments because this item was
related to the previous item.
M/Sandahl, S/Rosenberg to approve first reading of a transitory ordinance
authorizing the sale of property at 6933-37 Penn Avenue to Dr. Donald Johnson for the
construction of a parking lot adjacent to 6945 Penn Avenue and schedule a public hearing
and second reading of the transitory ordinance for August 13, 2001.
Motion carried 5-0.
Item#14FCONSIDERATION OF APPROVAL OF FIRST READING OF ORDINANCE
AMENDMENT TO CITY ADMINISTRATIVE CODE CHAPTER III,
SUBSECTION 310.33 DESCRIBING VACATION LEAVE AND 310.37
DESCRIBING PERSONAL LEAVE S.R. NO. 174
Council Member Enger said he had no questions on this item and withdrew his
request for discussion.
M/Rosenberg, S/Sandahl to approve the first reading of the proposed ordinance
amendment to the City Administrative Code Chapter III, Subsection 310.33 describing
vacation leave and 310.37 describing personal leave, and schedule second reading for
August 13, 2001.
Motion carried 5-0.
Item #15AIRPORT REPORT
City Manager Orduno reported that negotiations continue with MAC and FAA
related to the use of federal funds secured by Congressman Sabo.
Council Member Sandahl said there is an October 1 deadline to spend the funds or
the funds are lost.
City Manager Orduno said the FAA is writing the grant.
Council Meeting Minutes-20-July 23, 2001
Council Member Enger said that Andy Tantillo, Lockridge Grindal representative,
reported MAC is objecting to the additional $2 million. He asked if MAC needed to agree
to the $2 million in order to get the $10 million.
City Manager Orduno said she would check into this concern, but it had not been an
issue at meetings with MAC.
Mayor Kirsch reminded the City Council of the MAC bus tour on August 1 from 3-5
p.m.
Item #15AOPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Roger Johnson, 7045 Bloomington Avenue, continued his comments regarding
MAC issues and the status of several redevelopment projects.
City Manager Orduno stated that staff would provide responses to Mr. Johnson’s
concerns.
Council Member Enger said that while at the N.O.I.S.E. conference in Portland, his
hotel was located on airport property between two runways. He said he believes the noise
he experienced during that time will be similar to what east Richfield will experience and he
didn’t think it would be too bad.
Item #16CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks:107220 - 107246$81,233.42
H/C108726 - 109064$1,788,969.18
PAYROLL25673 - 25971$562,343.03
TOTAL$2,432,545.63
Motion carried 5-0.
Council Meeting Minutes-21-July 23, 2001
ADJOURNMENT
The meeting was adjourned by unanimous consent at 10:50 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager