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08-08-06 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting August 8, 2006 The meeting was called to order by Mayor Kirsch at 6:34 p.m. Members Present: Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and Bill Kilian. Staff Present: Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce Nordquist, Acting Community Development Director; Dan Scott, Public Safety Director; Randy Hughes, Operations Superintendent; Ray Wroblewski, Forestry Inspector/Operations Assistant; Pam Dmytrenko, Assistant to City Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. Meridel Hanson and Jerry Bovy, 6421 Oliver Avenue, requested the City Council consider establishing an ordinance to prohibit video cameras and audio equipment from pointing from one neighbor's property to another. City Manager Devich suggested the City Council refer review of this matter to legal counsel. Council Member Kilian added there may be a need to clarify the use of security cameras. Mayor Kirsch led the audience in the Pledge of Allegiance. Council Meeting Minutes -2- August 8, 2006 M/Kilian, SlWroge to approve the minutes of (1) Reaular City Council Meetina July 11. 2006: (2) Special Citv Council Meetina of Julv 18. 2006: and (3) Special Citv Council Worksession of July 25. 2006. Motion carried 5-0. Item #1 Council Member Sandahl presented to Mary Nosek, Academy of Holy Angels Co-Director of Communications, the proclamation designating September 15, 2006 as Academy of Holy Angels Day in Richfield. Item #2 City Manager Devich recognized retiring Richfield cable television technicians George Doetsch, Ray Johnson and Ron Clabo. Item #3 Council Member Sandahl announced the End of Summer and School Bus Safety event at Augsburg Park library tonight. Public Safety Director Scott presented the first month's update on the City's new neighborhood inspection program. He also discussed Project Richfield conducted in the spring with the emphasis on additional clean up after the winter season. Mayor Kirsch requested the City Council be provided, in advance, the list of the properties to receive the letter regarding inspecting their area. Public Safety Director Scott discussed the September 16 Richfield Clean-Up Day. This is a drop-off site, not curbside pickup event. Council Member Kilian encouraged people to report property maintenance problems even if located outside their immediate neighborhood. City Manager Devich discussed the drop-off site event conducted in the 1980's as being very successful but was discontinued due to budget constraints. Council Member Rosenberg announced the top five Good Neighbor Landscaping Award recipients who were recognized at National Night Out. Council Member Rosenberg discussed what she calls irresponsible homeowners with rental properties in Richfield. Lack of property maintenance is demoralizing to neighboring properties who do maintain their property. There are also safety concerns. The City needs to do what is legally allowed to enforce adherence to community standards. Council Meeting Minutes -3- August 8, 2006 Council Member Rosenberg said the City is trying hard to address these issues, including screening renters. Mayor Kirsch agreed to be as tough as legally possible. Council Member Kilian discussed the confirmed buyout of the homes in the Cedar Point area. This brings closure to some maintenance problems. Utility relocation has begun. Mayor Kirsch thanked staff and legal counsel for all their work on the project. Council Member Wroge stated he was glad the City Council was getting to the same point regarding quality of life issues. He said he has been trying to have more Community Service Officer hours, increase license fees and have the non-compliance process move along quicker. Council Member Wroge asked for clarification of the legal notice wording in the Richfield Sun Current regarding Transitory Ordinance 18.41 related to the property referenced has not been sold. City Attorney Thomson explained the ordinance authorizes the sale pursuant to the Option and Right to First Refusal Agreement. What is needed for right-of-way has not been determined. Mayor Kirsch asked about that matter returning to the City Council. City Attorney Thomson stated the roadway location which will determine the properties needed, will be returned to the City Council. Council Member Wroge requested the City Council discuss the consideration of having the Open Forum on cable television. He said the City Council owes it to residents to come before them to be heard and to let the rest of the City know what's happening. There needs to be transparency. Council Member Wroge discussed his findings from four cities he contacted that televise their Open Fortlm portion of City Council meetings. Richfield is always comparing with other cities so Richfield should televise this portion like others do. City Manager Devich said it is the City Council's discretion to conduct their meeting as they desire. Council Member Kilian said he would like to know what other cities' rules are because redundancy and public griping are possible and the need for information may not be served. He said he is willing to consider televising the Open Forum. Council Member Sandahl said currently time to speak is not restricted and is very liberal. Rules from other cities are needed. She said she is also willing to consider televising. Council Member Sandahl continued that the City Council meeting is the time to take care of business and hearing from the public is important but work needs to get done. Council Member Rosenberg said she was one of the original City Council Members in favor of not televising the Open Forum because it turned into a time to speak to the audience, not the City Council. The time needs to be very regulated and not play to the audience or be theatrical. She said she was willing to try televising once a month for a period of time. Council Member Wroge suggested the Open Forum be at the start of the meeting so that the speakers are not held hostage. He added that the City Council may find out that negative comments will not always be received. Council Meeting Minutes -4- August 8, 2006 Council Member Sandahl said there needs to be a balance in time because the people with items on the agenda will then need to wait. Council Member Kilian said dialogue could be occurring because the forum is not televised. He suggested staff find out from other cities how often a person is allowed to speak during open forum. Council Member Sandahl suggested staff find out if other cities permit public testimony at City Council meetings when an item is not a public hearing. Assistant to the City Manager Dmytrenko discussed the City of Eagan's proposal to change the Metropolitan Airports Commission Board's composition allowing any communities touched by the 65 dnl noise contour to sit on the board. This includes Eagan, Mendota Heights, Richfield and Bloomington. Minneapolis already has a representative. The suggestion is the representative be either the city's Mayor or Mayor designee. Assistant to the City Manager Dmytrenko continued that Eagan is asking Richfield if they are amenable to that proposed legislation. Council Member Kilian stated it would be helpful to have a representative from Richfield, preferably someone who lives in that noise contour. These communities are underrepresented resulting in noise issues having a lopsided vote. Mayor Kirsch said Richfield needs a constant voice on the board and the cities should join together collectively. Council Member Sandahl said the proposal makes sense. Council Member Wroge said the board members should be elected not appointed. He added the best available people in Richfield should serve as representatives. Assistant to the City Manager Dmytrenko stated she would notify Eagan that the City Council supports the proposal of a representative on the board and that it not be a requirement to have that person live in the 65 dnl. Item #4 Mayor Kirsch removed Consent Calendar Item 5C and made it Agenda Item 6. MlWroge, S/Sandahl to approve the aQenda as amended. Motion carried 5-0. Item #5 A. Approved resolution designating polling places and appointing election judges for the September 12, 2006 primary election and November 7,2006 general election S.R. No. 163 Council Meeting Minutes -5- August 8,2006 RESOLUTION NO. 9804 RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION OF SEPTEMBER 12, 2006 AND THE GENERAL ELECTION OF NOVEMBER 7, 2006 This resolution appears as Resolution No. 9804. B. Approved resolution authorizing Environmental Response Fund Grant agreements between City of Richfield and Hennepin County Department .of Environmental Services S.R. No. 164 RESOLUTION NO. 9805 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENTS WITH HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES FOR $100,000 TO BE USED FOR PHASE II ENVIRONMENTAL SITE ASSESSMENTS FOR THE 66TH & PORTLAND AVENUE INTERSECTION RECONSTRUCTION PROJECT AND FOR $25,500 FOR PHASE I AND PHASE II ENVIRONMENTAL ASSESSMENTS FOR THE CITY GARAGE SITE AT 7700 PILLSBURY AVENUE SOUTH. This resolution appears as Resolution No. 9805. C. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item 6. D. Approved agreement with Gabbert & Gabbert Company, LLLP and City of Edina to increase water holding capacity of Adam's Hill Pond to fulfill stormwater requirements associated with redevelopment project in Edina S.R. No. 166 E. Approved on-sale 3.2 percent malt liquor temporary license and itinerant food license for Church of the Assumption annual Fun Fiesta on August 13, 2006 S.R. No. 167 M/Rosenberg, S/Sandahl to approve the Consent Calendar as amended. Motion carried 5-0. Item #6 5C. Consideration of approval of resolution establishing updated Public Purpose Expenditure Policy and rescinding Resolution No. 9362 S.R. No. 165 Council Member Wroge presented Staff Report No. 165. Council Member Wroge requested the City Manager explain the 100% increase in the maximum service award amount based upon years of service. City Manager Devich explained the reason for the revised public purpose expenditure policy, including the service award program. The previous resolution established in 2003 set a maximum amount of $50, however the maximum awarded in 2002 and 2003 by the previous City Manager was $150. Therefore, the revised resolution proposes a 33% reduction. Surveys of other cities indiciate Richfield is on the low end at $50 of service award amounts. Other cities also have employee dinners but Richfield has much smaller recognition events due to budget constraints. Council Meeting Minutes -6- August 8, 2006 M/Sandahl, S/Rosenberg that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9806 RESOLUTION ESTABLISHING AN UPDATED PUBLIC PURPOSE EXPENDITURES POLICY Motion carried 5-0. This resolution appears as Resolution No. 9806. Item #7 Council Member Wroge presented Staff Report No. 168. M/Rosenberg, SlWroge to close the public hearing. Motion carried 5-0. Council Member Wroge asked if the cost was based upon how much work is done on private property. Operations Superintendent Hughes explained the cost is determined by the tree diameter and the front/back yard location. Mayor Kirsch asked about this year comparing to previous years. Operations Superintendent Hughes said this year is slightly less. MlWroge, S/Rosenberg that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9807 RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2005 THROUGH DECEMBER 31, 2005 Motion carried 5-0. This resolution appears as Resolution No. 9807. Item #8 Council Member Wroge presented Staff Report No. 169. Council Meeting Minutes -7- August 8,2006 Pete Hovelson, 9401 Lyndale Avenue, building owner at 7720 Wentworth Avenue, questioned why only businesses were charged for the maintenance and not the homes and apartment buildings. He added the cost should be spread over the entire City. M/Rosenberg, S/Kilian to close the public hearina. Motion carried 5-0. M/Rosenberg, SlWroge that the followina resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 9808 RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 2005 RESOLUTION NO. 9809 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2007 Council Member Rosenberg stated the apartments that front 77th Street are subsidized and the thought is that businesses have more ability to pay these costs instead of the renter because the owners would pass the costs along in an increased rental fee. City Attorney Thomson explained the City's ordinance established special service districts many years ago. Since then, the State adopted legislation that authorized non-charter cities to establish special service districts with assessments only levied against commercial properties. Richfield is remaining consistent with. State law. Council Member Wroge said the maintenance area includes 77th StreetlNicollet Avenue and he requested a trash receptacle be placed and maintained on that corner for mass transit riders to use to prevent it from blowing onto neighboring properties. He requested this tra.sh issue be resolved like on 66th StreetlLyndale Avenue and 66th StreetlNicollet Avenue. Motion carried 5-0. These resolutions appear as Resolution No.'s 9808 and 9809. Council Member Wroge presented Staff Report No. 170. M/Rosenberg, SlWroge to close the public hearina. Motion carried 5-0. M/Rosenberg, SlWroge that the followina resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 9810 RESOLUTION ADOPTING ASSESSMENT FOR L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2005 Council Meeting Minutes -8- August 8, 2006 RESOLUTION NO. 9811 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2007 Motion carried 5-0. These resolutions appear as Resolution No. 's 9810 and 9811. Item #9 Council Member Sandahl presented Staff Report No. 171. M/Sandahl, S/Kilian that the followina resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9812 RESOLUTION DENYING THE APPEAL FROM THE DECISION OF THE HEARING EXAMINER AND AFFIRMING THE HEARING EXAMINER'S DECISION TO DENY A VARIANCE FOR THE STEPS, SIDEWALKS, SHED AND FENCE AT 6425 OLIVER AVENUE Council Member Sandahl requested the findings of fact be revised since the surveying results vary. She suggested a one inch rather than a three inch setback to the north line of the property for the sidewalk and steps which leaves a three foot wide sidewalk. The shed is not allowed. Council Member Kilian said if a three-foot sidewalk is allowed at the closest point, there will be three inches to the property line. City Attorney Thomson stated the findings should be revised in "Conclusion", Number 3 to change "one inch" to "three inches" and in "Decision", first paragraph should add", provided that sidewalk may not exceed three inches in width". If the City Council wants the sidewalk no more than three feet wide, it should be specified in the decision. The current variance permits three feet seven inches. Council Member Kilian said there should be a three-foot sidewalk adjacent to the house but no encroachment. City Attorney Thomson stated the revised variance will permit a sidewalk variance up to three inches but not wider than three feet. Council Member Sandahl asked about the time requirements to get the changes made. City Attorney Thomson reviewed the timeline as stated in the Decision section of the Findings of Fact. Motion carried 5-0. This resolution appears as Resolution No. 9812. Council Meeting Minutes -9- August 8,2006 Item #10 Council Member Kilian presented Staff Report No. 172. M/Kilian, S/Rosenberg to approve the purchase of engineering services from Short Elliot Hendrickson (SEH) to provide architectural and engineering services for pre-design and schematic design phases of the new maintenance facilitv. Council Member Sandahl asked about the savings in using the previous work on this project by this engineering firm. Public Works Director Eastling stated SEH is the same firm that did past work on the maintenance facility needs assessment but time has passed since then so there is a need to revisit the finds but the process should be streamlined. Public Works Director Eastling discussed the process used to determine the location of the proposed site. Council Member Kilian stated there has been a task force review of this project so it should be ready to proceed. Public Works Director Eastling discussed the use of the City's facility for school district buses. Motion carried 5-0. Item #11 Council Member Rosenberg presented Staff Report No. 173. Council Member Sandahl expressed interest in attending the National League of Cities Conference. Council Member Wroge stated he wanted to see a conference agenda before making a decision. He added no one attended last year so it must not be a priority. Council Member Wroge asked about staff attending the conference. City Manager Devich said no Richfield staff attend. Council Member Kilian said sometimes a conference does not set the agenda by the time a decision needs to be regarding who is attending and waiting could result in paying more in registration fees. Council Member Wroge questioned the estimated cost to attend the conference. Council Meeting Minutes -10- August 8, 2006 Recording Secretary Krumholz said the cost includes conference registration, flight, hotel and per diem expenses. M/Rosenberg, S/Kilian to desionate Sue Sandahl to attend the December 2006 National Leaoue of Cities (NLC) Conoress of Cities Conference from December 5-9. 2006 in Reno, Nevada. Motion carried 4-1. 0Nrogeopposed.) Mayor Kirsch suggested the City consider having an exhibition booth at a future NLC Conference. Council Member Sandahl said she would check on the process to have a booth. Item #12 City Manager Devich reported on the following: . Relocation of warning siren presently at 76th Street/Newton Avenue to west end of Donaldson Park. Mayor Kirsch said the pole is ugly and there is no housing across the street so it could be moved. M/Kirsch, S/Rosenberg to approve relocation of the warnino siren presently at 76th Street/Newton Avenue to west end of Donaldson Park in the amount not to exceed $4.000. Council Member Wroge stated his concerns and questioned the rationale regarding moving the pole, including the cost and not burying the cables of the telephone poles if the reason to move the siren is for aesthetics. If there is going to be a pick and choose of which poles to change, he suggested waiting until there is a program to bury all the lines underground. He said bus benches are ugly, so they should be moved, too. The current siren pole is in a church parking lot and now it could be moved to someone's front yard. Mayor Kirsch said burying the lines across the street could have been considered during Best Buy project. Council Member Sandahl said she needs an opportunity to review the site. Mayor Kirsch stated there could be the argument that because the pole is a warning siren and it's not connected to other poles or utilities, it could be moved fairly easily. Public Works Director Eastling stated the warning siren pole is a City pole and the other poles require working with utility companies. Council Member Kilian said this is one pole at $4,000 that two years from now would increase in cost to move. Relocating this City pole does not need to be part of moving other poles because it's a different scenario and project. Council Member Wroge stated if there isn't agreement to bury all lines, then no poles should be moved. Mayor Kirsch and Council Member Rosenberg withdrew their motion and second. Council Meeting Minutes -11- August 8, 2006 . Public Works Director Eastling discussed the proposed Metro Sewer line replacement project along 76th Street. Bids are now being solicited for engineering services to work through details. Construction could occur in 2008 with the 76th StreetlLyndale Avenue bridge project. Council Member Kilian asked who pays for the project. Some of the work is being done because of Edina so if Richfield pays for a portion, Edina should share in the cost. Public Works Director Eastling said Metro Sewer has a capital account to cover costs. Council Member Wroge asked for clarification on the bridge project. Public Works Director Eastling stated that this bridge is the lowest in the metro area so it was moved up on the maintenance list to 2008. Mayor Kirsch said this is a timely project with bike paths, street improvements and bridge work planned for the area. . MnDOT plans to open bids in September 2006 for home demolition in Richfield needed for the 35W/62 Crosstown project. . Reminded City Council the August 22 Regular meeting is canceled and there is a Special Budget Meeting on August 30. Council Member Wroge requested a construction update on the vacant properties on Emerson Avenue. Acting Community Development Director Nordquist provided an update, including the process used to contact larger developers and their limited interest, discussions with smaller developers are under way and a public participation process. There is a possible spring construction start. Council Member Kilian asked about the impact on the real estate environment related to interest in this project. Acting Community Development Director Nordquist said the impact is that things are moving slower. Council Member Wroge questioned if builders in Richfield were involved in the process. Acting Community Development Director Nordquist stated the original solicitation included Richfield builders. Item #13 M/Rosenberg, S/Kilian that the followinQ claims and pavrolls be approved: u. S. BANK NP Checks: 151804 - 152154 PAYROLL 32012 - 32425; 41183- 41185 TOTAL $ 1,410,810.79 $ 511,413.14 $ 1,922,223.93 Motion carried 5-0. Council Meeting Minutes -12- August 8,2006 The City Council meeting was adjourned by unanimous consent at 8:57 p.m. c~/!tq~ Recording Secretary Date Approved: September 14, 2006