03-08-05 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 8, 2005
The meeting was called to order by Mayor Kirsch at 6:30 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; Fred Wroge; Bill Kilian; and Sue
Sandahl.
Staff Present:
Steve Devich, City Manager; Bruce Palmborg, Community Development
Director; Jim Topitzhofer, Recreation Services Director; Chris Regis,
Finance Manager; Nancy Gibbs, City Clerk; Pam Dmytrenko, Assistant to
the City Manager; Cheryl Krumholz, Recording Secretary; and Corrine
Thomson, City Attorney.
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Rosenberg, S/Sandahl to approve the minutes of (1) Special City Council Worksession of
Februarv 17, 2005: (2) Special Concurrent City Council/HRNPlanninq Commission Worksession of
Februarv 22. 2005: and (3) Reqular City Council Meetinq of Februarv 22. 2005.
Motion carried 5-0.
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March 8, 2005
Item #1
Mayor Kirsch presented a certificate of recognition to Academy of Holy Angels Stars Girls
Hockey Team and Coach for winning the 2005 Class A Girls Hockey Championship Title.
Item #2
Mayor Kirsch recognized Richfield City Clerk Nancy Gibbs for receiving the title of Certified
Municipal Clerk by the International Institute of Municipal Clerks.
Item #3
Council Member Rosenberg invited Kelly Mertes, Richfield Adaptive Recreation Supervisor, to
announce "the Perfect Show".
Ms. Mertes described the show to be held on Saturday, March 12 at Richfield High School.
Council Member Rosenberg announced the Arts Commission is partnering with Broadway
Pizza to have Richfield High School students put a mural on the side of the building.
Council Member Rosenberg announced a modified Artists' Crawl will be around Wood Lake
Nature Center on June 11.
Council Member Rosenberg announced Richfield Beautiful Home and Garden Tour is June
25-26.
Mayor Kirsch announced that Congressman Martin Sabo included $13 million for the Lyndale
Avenue bridge in a recent funding bill.
City Manager Oevich said this is the largest part of the funding for the bridge.
Mayor Kirsch announced the public hearing scheduled for March 22, 2005 regarding
consideration of a resolution approving property tax abatement for certain property (the Cedar Point
redevelopment area) in the City of Richfield has been cancelled. Both the HRA's legal council and
financial consultant are unavailable to attend the meeting. A staff report formally canceling the
meeting will be on the March 22 City Council agenda. A new public hearing process will be initiated
at the appropriate time.
Council Member Sandahl announced the Town Hall meeting regarding airport issues on
March 10 at the Richfield Middle School cafeteria.
Council Member Kilian encouraged people to attend.
Mayor Kirsch requested staff invite the new MAC representative, Kari Berman, to a City
Council meeting.
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March 8, 2005
Item #4
M/Rosenberg, SNVroge to approve the aoenda.
Motion carried 5-0.
Item #5
Mayor Kirsch removed this item from the consent calendar and place it on the regular
agenda for consideration as Item 6A.
It m#6
5A. Consideration of approval of first reading of transitory ordinance authorizing
sale of 6758 Portland Avenue and schedule public hearing and second reading for April 12,
2005 S.R. No. 46
Community Development Director Palmborg explained the process to transfer ownership of
commercial and residential property from the City to the HRA. The HRA traditionally manages
occupied property held for long-term. The sale to the HRA would provide revenue to the City's
general fund that could pay for the updating of the City's Zoning Ordinance and help defray costs
of updating the Comprehensive Plan which by State law must be completed by mid 2007.
Community Development Director Palmborg said the current occupancy is not impacted by
this sale.
Mayor Kirsch suggested the ordinance be amended to indicate that if the property is ever
sold back to the City, it is at the same current price of $200,000.
Community Development Director Palmborg said that amendment will be included in the
ordinance for second reading.
M/Kilian, S/Rosenberg to approve the first readino of a Transitory Ordinance authorizino the
sale of 6758 Portland Avenue to the Housino and Redevelopment Authority, amendino the
ordinance to include that if the property is ever sold back to the City it is at the same current price
of $200.000. and schedule a public hearino and second readino for April 12. 2005.
Motion carried 5-0.
Item #7
Council Member Rosenberg presented Staff Report No. 47 regarding a resolution authorizing
the use of funds from Urban Hennepin County Community Development Block Grant Program for
2005.
M/Rosenberg, SNVroge to close the public hearino.
Motion carried 5-0.
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March 8, 2005
M/Rosenberg, S/Sandahl that the followina resolution be adopted, that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9598
RESOLUTION AUTHORIZING USE OF FUNDS FOR THE
2005 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT
WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS
Motion carried 5-0. This resolution appears as Resolution No. 9598 in Resolution Book No.
75.
Item #8
Council Member Rosenberg presented Staff Report No. 48 regarding a second reading of a
transitory ordinance providing expenditurE:! of funds from the Special Revenue Fund for certain capital
improvements.
M/Rosenberg, S/Sandahl to close the public hearinCl.
Motion carried 5-0.
M/Rosenberg, S/Sandahl that this constitutes the second readina of Bill No. 2005-6.
Transitorv Ordinance 18.31 providina for the expenditure of funds from the Special Revenue Fund for
certain capital improvements, that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 5-0.
Item #9
Council Member Kilian presented Staff Report No. 49 regarding a resolution supporting tax
increment financing legislation for an area in Richfield included in the 87db low frequency noise
contours.
City Manager Devich stated the Senate Tax Committee heard the bill this morning and was
passed for potential inclusion into the Omnibus Bill for consideration.
Ernie Lindstrom, former Majority Leader of the House, and Steve Lindgren, Richfield Chamber
of Commerce President and former State Senator, gave testimony.
City Manager Devich said there is a meeting with Senator Pogemiller today.
M/Kilian, S/Rosenberg that the followina resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9599
RESOLUTION SUPPORTING REDEVELOPMENT TAX INCREMENT FINANCING LEGISLATION
FOR THE CITY OF RICHFIELD
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March 8, 2005
Motion carried 5-0. This resolution appears as Resolution No. 9599 in Resolution Book No.
75.
Item #10
Council Member Sandahl presented Staff Report No. 50 regarding a resolution approving the
2005-2006 labor agreement between the City of Richfield and the Richfield Police Officers and
Detectives Law Enforcement Labor Services Local 123.
City Manager Devich clarified that the Field Training Officer Pay is an increase of $.05, not
$.25, for a total of $1.30 per hour.
Council Member Wroge asked if all Public Safety contracts were now settled.
City Manager Devich stated all 2005 contracts a~e settled, except the Firefig~ters. He
explained how the contract years are staggered so they re not all open at the same time.
M/Sandahl, S/Rosenberg that the followinq resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9600
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 123
BARGAINING UNIT FOR THE YEARS 2005-2006
Motion carried 5-0. This resolution appears as Resolution No. 9600 in Resolution Book No.
75.
Item #11
Council Member Wroge presented Staff Report No. 51 regarding consideration of a contract
with Herfort Norby Golf Architects in the amount of $3,500 for a preliminary design and consulting
services for the development of a new golf practice facility at Veterans Memorial Park.
Russ Susag, Chair of Golf Practice Facility Task Force, provided the history and background
of task force activities, including visiting other cities, estimated costs, marketing studies and
placement at Veterans Memorial Park (VMPR). He explained the various options of the proposed
restricted-flight practice facility. Grants are available up to $100,000 for construction costs for
facilities that introduce golf to young children.
Mr. Susag reviewed the potential various placement sites in Veterans Memorial Park.
MlWroge, S/Rosenberg to approve a contract in the amount of $3,500 with Herfort Norby Golf
Architects for a preliminary desian and consultina services relatina to the development of a new aolf
practice facility at Veterans Memorial Park.
Council Member Rosenberg asked how many people could use the facility at one time.
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March 8, 2005
Recreation Services Director Topitzhofer said 23.
Council Member Rosenberg stated this facility might satisfy some people who are missing
Rich Acres Golf Course (RAGC), however, there needs to be s~nsitivity to the area. VMPR is used
by the community and this facility cOl,lld b~ a good use.
Council Member Kilian asked about ke~ping the walkways open.
Mr. Susag stated that nothing around the wetlands is affected. The path that slopes would
need to close when the facility is in use.
Recreation Services Director Topitzhofer explained the preliminary plan will include relocating
the affected pathway.
Council Member Sandahl asked about dimensions.
Recreation Services Director Topitzhofer explained the dimensions.
Council Member Wroge stated the task force needs to understand the motion tonight
approves a feasibility study and that the facility is not guaranteed.
Mr. Susag said a preliminary design is needed to have dimensions so it is more than
feasibility study, it is a concept preliminary design study.
Recreation Services Director Topitzhofer added there first needs to be the determination to
see if the facility works. Then the City Council will be asked to authorize another feasibility study for
marketing to see if the facility is a financial success.
Motion carried 5-0.
Item #12
City Manager Devich reported that Municipal Liquor Operations are doing extremely well,
especially sales at the 77th Street/Lyndale Avenue store. The store at 64th Street/Lyndale Avenue is
now the number one store as a regIlt of the new vitality of Lyndale Avenue.
City Manager Devich stated the City of Minneapolis has initiated a pending lawsuit involving
MAC and asked City Attorney Thomson to discuss this in more detail.
City Attorney Thomson explained the MinneapOlis City Council authorized its attorney to
commence litigation. Minneapolis is seeking support from the other cities, Eagan, Bloomington, and
Mendota Heights, impacted by the change to the 1996 insulation package. Previously the Richfield
City Council approved a confidentiality agreement for the sharing of information with the Minneapolis
attorney and Richfield attorney. Minneapolis is seeking feedback and a decision by the City Council
regarding participating in the litigation. If the City Council is interested in learning more regarding the
litigation strategy, that discussion can only occur at a City Council Closed Executive Session at a
future City Council meeting.
City Attorney Thomson continued that Minneapolis is asking each city to agree in participating
in the cost of the litigation. The percentage of the cost for each city is based upon the percentage of
homes within the impacted area. The cap on fees is based upon the initial contract up to $300,000
and if exceeded, it is at Minneapolis' expense. It is estimated that Richfield's cap should be $45,000
or 15%, if the cost is less than $300,000.
Council Member Kilian expressed support for a Closed Session to learn more about the risk
and reward potentials before making a decision.
Mayor Kirsch agreed.
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March 8, 2005
Council Member Wroge asked which homes were impacted.
City Attorney Thomson explained there are several hundred homes affected by the change in
the insulation package. Minneapolis is the most impacted with Richfield the second most impacted.
City Attorney Thomson stated Minneapolis asked for a response prior to the end of the month
but Bloomington is not discussing this issue in March. It is the City Council's discretion to schedule
the session prior to April 12.
Council Member Wroge stated he is gone for two weeks.
The City Council scheduled a Special City Council Closed Executive Session for April 12,
2005.
City Manager Devich stated he is expecting a phone call from Minneapolis Mayor Rybeck
tomorrow on this matter and if the Mayor has special concerns regarding the April 12 discussion, the
City Council will be notified and an earlier date will be scheduled.
The City Council watched a video prepared by MAC entitled the "New North-South Runway-
Paving the Way for Growth".
Item #13
M/Rosenberg, S/Sandahl that the followinq claims and pavrolls be approved:
M & I BANK
NP Checks: 138763 - 139052
PAYROLL 18441-18777,39645 - 39647
TOTAL
$ 1,059,636.31
$ 463,350.33
$ 1,522,986.64
Motion carried 5-0.
Item #14
The City Council meeting was adjourned by unanimous consent at 7:52 p.m.
Date Approved: March 22, 2005
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Recording Secretary