09-14-06 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 14, 2006
The meeting was called to order by Mayor Kirsch at 6:35 p.m.
Members Present:
Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and
Bill Kilian.
Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce
Palmborg, Community Development Director; Dan Scott, Public Safety
Director; Jim Topitzhofer, Recreation Services Director; Bruce Nordquist,
Housing and Redevelopment Manager; Pat Smith, Community
Development Manager; Cheryl Krumholz, Recording Secretary; and
Corrine Thomson, City Attorney.
M/Kilian, S/Rosenberg to excuse the absence of Council Member Sandahlfrom the
September 14.2006 Special Worksession.
Staff Present:
Motion carried 5-0.
No one was registered to speak.
The City Council observed a moment of silence in memory of former City Council Member
Howard Bunce.
Mayor Kirsch led the audience in the Pledge of Allegiance.
Council Meeting Minutes
-2-
September 14, 2006
M/Kilian, S/Rosenberg to approve the minutes of (1) ReQular City Council MeetinQ of Julv
25.2006; (2) Special Citv Council MeetinQ of Julv 31.2006; and (3) ReQular Citv Council MeetinQ
of AUQust 8. 2006.
Motion carried 5-0.
Item #1
David Delzer, Friendship City Commission Chair, reported on the commission's
accomplishments and goals.
Item #2
John Easterwood, Charter Commission President, reported on the commission's activities.
Item #3
Mayor Kirsch discussed graffiti activities in the City and how the City is addressing the
problem. Residents are encouraged to call 9-1-1 to report suspicious activity.
Public Safety Director Scott discussed police actions on this issue.
Council Member Sandahl stated the City Council could appear before a judge in a case to
express how concerned the community is regarding graffiti and its impacts.
Public Safety Director Scott provided the August update on the Neighborhood Inspection
Program.
Public Safety Director Scott announced the City's Clean-Up Day is Saturday, September 16.
Mayor Kirsch stated the City Council should again consider the relocation of the siren pole
on 76th Street between Oliver and Newton Avenues now that the City Council has had time to visit
the site.
M/Kirsch, S/Sandahl to authorize relocation of siren pole on 76th between Oliver and
Newton Avenues.
Council Member Wrage stated it was ridiculous to have the taxpayers move this pole when
many other poles need to be moved and there is no overall action plan.
Motion carried 4-1. 0Nrage opposed.)
Council Member Sandahl stated the City Council beat the Richfield School Board in the
annual FOWL (Friends of Wood Lake) Ball Golf Klassic challenge.
Council Meeting Minutes
-3-
September 14,2006
Council Member Sandahl discussed the Vote Yes transportation amendment to be on the
November ballot. The City along with numerous groups support this campaign.
Council Member Rosenberg discussed the new mural completed by the Arts Commission on
. the Bon Auto Works, 7714 5th Avenue, building.
Item #4
Mayor Kirsch removed Consent Calendar Item 5E for separate consideration as Item 6.
Mayor Kirsch added Item H (Staff Report No. 186) to the consent calendar:
Consideration of a request by Richfield Visions, Inc. for itinerant amusement and itinerant
food licenses for Richfield Cattail Days events, September 16, 2006 at Veterans Memorial Park,
6400 Portland Avenue South.
M/Kilian, S/Sandahl to approve the aaenda as amended.
Motion carried 5-0.
Item #5
A. Approved resolution accepting $200 donation from Richfield/Bloomington Eagles to Richfield
Fire Department S.R. No. 174
RESOLUTION NO. 9823
ACCEPTANCE OF A DONATION BY THE RICHFIELD/BLOOMINGTON EAGLES #3208 IN THE
AMOUNT OF $200 BY THE RICHFIELD FIRE DEPARTMENT AND TO AUTHORIZE THE CITY
TO ADMINISTER THE DONATION IN ACCORDANCE WITH THE TERMS PRESCRIBED BY
THE DONORS.
This resolution appears as Resolution No. 9823.
B. Approved first reading of transitory ordinance authorizing the planning, design and
construction of the Backwash Reclaim Tanks Project and set public hearing and second
reading to be held October 10, 2006 S.R. No. 175
C. Approved resolutions authorizing acceptance of the Joint Powers Agreements between
Mn/DOT and the City of Richfield to accept payment from MnlDOT for their portion of the
design services for Richfield Lake Improvement Project and Lyndale Avenue Storm Sewer
Project S.R. No. 176
RESOLUTION NO. 9813
RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT NO. 89841 AMONG THE
MINNESOTA DEPARTMENT OF TRANSPORTATION (MN/DOT) AND THE CITY OF RICHFIELD
TO PROVIDE FINAL DESIGN SERVICES AND ACCEPT PAYMENT FOR MN/DOT'S PORTION
OF THE DESIGN SERVICES FOR THE L YNDALE AVENUE DRAINAGE IMPROVEMENTS.
Council Meeting Minutes
-4-
September 14, 2006
RESOLUTION NO. 9814
RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT NO. 89840 AMONG THE
MINNESOTA DEPARTMENT OF TRANSPORTATION (MNIDOT) AND THE CITY OF RICHFIELD
TO PROVIDE FINAL DESIGN SERVICES AND ACCEPT PAYMENT FOR MN/DOT'S PORTION
OF THE DESIGN SERVICES FOR THE RICHFIELD LAKE IMPROVEMENT PROJECT.
These resolutions appear as Resolution No.'s 9813 and 9814.
D. Approved purchase engineering services from WSB & Associates to provide final design
services for Richfield Lake Improvements Project not to exceed $104,908 and Lyndale
Avenue Drainage Improvements Project not to exceed $122,840 S.R. No. 177
E. Removed from the Consent Calendar and placed on the regular agenda for consideration as
Item 6.
F. Approved resolution accepting grant funds from State of Minnesota for alcohol compliance
checks S.R. No. 179
RESOLUTION NO. 9816
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD, DEPARTMENT OF PUBLIC
SAFETY/POLICE TO PARTICIPATE JOINTLY WITH THE MINNESOTA ALCOHOL & GAMBLING
ENFORCEMENT DIVISION IN AN AGREEMENT WITH AND TO RECEIVE GRANT FUNDS
FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, TO PAY
OVERTIME TO OFFICERS INVOLVED IN ALCOHOL COMPLIANCE CHECKS
This resolution appears as Resolution No. 9816.
G. Approved amendment to Bloomington Emergency Preparedness Contract authorizing use of
grant funds to provide services in the area of pandemic flu preparedness S. R. No. 180
H. Approved a request by Richfield Visions, Inc. for itinerant amusement and itinerant food
licenses for Richfield Cattail Days events, September 16, 2006 at Veterans Memorial Park,
6400 Portland Avenue South S.R. No. 186
M/Kilian, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #6
5E. Consideration of approval of resolution authorizing acceptance of agreement
allowing the City to provide all maintenance of Cedar Point Pond S.R. No. 178
Council Member Wroge presented Staff Report No. 178.
Council Member Wroge questioned the City taking on the responsibility to maintain the site
when they're "allowed" not "told" to do it. He also asked about the City's financial responsibility.
Public Works Director Eastling reviewed the history related to the Cedar Point pond,
including the stormwater management requirements, the financial benefits to working with MnDOT
and Ryan Companies, and the aesthetic impacts.
Council Meeting Minutes
-5-
September 14, 2006
M/Kilian, SlWroge that the followino resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 9815
RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT NO. 89989 WITH THE STATE OF
MINNESOTA DEPARTMENT OF TRANSPORTATION (MN/DOT) AND THE CITY OF RICHFIELD
ALLOWING THE CITY TO PROVIDE MAINTENANCE OF CEDAR POINT POND.
Motion carried 5-0. This resolution appears as Resolution No. 9815.
Item #7
Council Member Wroge presented Staff Report No. 181.
Scott Stone, 6608 Newton Avenue, spoke in support of the day care facility and program.
M/Rosenberg, SlWroge to close the public hearino.
Motion carried 5-0.
MlWroge, S/Sandahl that the followino resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 9817
RESOLUTION AUTHORIZING AN
AMENDMENT TO A CONDITIONAL USE PERMIT
TO ALLOW DAY CARE SERVICES
FOR UP TO 100 CHILDREN AT
7145 HARRIET AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 9817.
Item #8
Council Member Sandahl presented Staff Report No. 182.
Council Member Sandahl expressed concern that the assessed value is higher than the
appraised value on one of the three properties.
City Attorney Thomson explained the condemnation process related to these properties.
She stated if the City Council wishes to discuss the proposed offers to be made, they should go into
a closed executive session.
Council Member Sandahl asked about due diligence being done on the two properties that
were gas stations and who pays the remedial costs.
Council Meeting Minutes
-6-
September 14,2006
Public Works Director Eastling stated the due diligence is part of the environmental review
process and the existing property owner pays the costs.
Council Member Wroge asked if this is the first just compensation offer on these properties.
City Attorney Thomson said yes, and discussed the State regulations related to just
compensation offers.
M/Wroge, S/Sandahl to 00 into a Closed Executive Session at the end of the Reoular City
Council meetino.
Council Member Kilian asked about the year the assessed value is based.
Public Works Director Eastling said that is unknown.
Motion carried 5-0.
City Attorney Thomson stated the open meeting law requires the properties be identified
publicly that will be subject of the closed executive session. The properties are 6613 Portland
Avenue, 6545 Portland Avenue, 6544 Portland Avenue. The City Council will return to the open
meeting to take action on the just compensation.
Item #9
Council Member Rosenberg presented Staff Report No. 183.
City Manager Devich and Finance Manager Regis made a presentation on the 2007
proposed budget and tax levy (Clerk's File No. C-423).
City Manager Devich stated the proposed preliminary tax levy increase of .48% established
tonight can be reduced by the City Council but cannot be increased.
City Manager Devich discussed the proposed additional fulltime personnel of a project
employee in Public Works for the metro sewer project, including the length of employment and the
salary/benefit costs paid by the project.
Council Member Sandahl stated the property tax statement includes other taxing
jurisdictions, not just the City's portion.
City Manager Devich discussed strategies for using the additional funding for increased
CSO hours. The budget as originally presented included 24 hours/week CSO hours with a proposal
to increase the hours to 32 hours/week ($30,000). The City Council requested an additional
$30,000 for the 2007 budget for more hours but due to changing seasons, that amount may not be
spent so the City Council may wish to consider using the funds for other property maintenance
work, not just dedicated to the Neighborhood Inspection Program.
Council Meeting Minutes
-7-
September 14, 2006
Council Member Kilian stated that the funding is to provide for getting through the
neighborhood inspections as soon as possible. He said he wants the funding there, even if it's not
all used.
Council Member Rosenberg said her inclination was to leave all the proposed funding in the
budget to also be used for neighborhood education on property maintenance.
City Manager Devich agreed the program includes enforcement and education.
Council Member Wroge stated he did not believe the additional funding for 2007 is needed
because the extra CSO hours do not total that amount.
City Manager Devich said it may be possible to add another staff person dedicated to
looking for property maintenance violations.
Public Safety Director Scott agreed that having a seasonal position would add more
flexibility because the neighborhood inspection program is a slow process.
Council Member Rosenberg stated that at a previous meeting Council Member Wroge
indicated he was glad the other City Council Members were joining him in addressing the property
maintenance issues. She continued that the reality is that all City Council Members have made a
strong effort to working on this a long time. There needs to be education rather than punitive
approach. The City Council sets the tone of expectations and policy with the help of City staff.
Mayor Kirsch stated the total funding amount should remain in the budget, with staff
preparing a more comprehensive plan regarding its use.
M/Rosenberg, S/Kilian that the followinQ resolutions be adopted and that they be made part
of these minutes:
RESOLUTION NO. 9819
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2007
RESOLUTION NO. 9820
RESOLUTION AUTHORIZING BUDGET REVISIONS
RESOLUTION NO. 9821
RESOLUTION AUTHORIZING REVISION OF 2006 BUDGET OF VARIOUS DEPARTMENTS
RESOLUTION NO. 9822
RESOLUTION AUTHORIZING USE OF PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
POLICE AND FIRE FUND REFUND INTEREST EARNINGS FOR CERTAIN POLICE AND FIRE
EXPENDITURES
Council Member Wroge expressed his concerns that the tax levy is not tracking with
inflation, the City's continued dependency on LGA, franchise fees should be part of property taxes,
and the increased funding to support the HRA.
Council Member Kilian stated franchise fees are paid by tax exempt properties but that will
end if franchise fees are discontinued and placed on property taxes because then the funding
burden shifts to residential property owners.
Council Member Sandahl asked about the LGA set aside in the event the aid is reduced
next year.
Council Meeting Minutes
-8-
September 14,2006
Finance Manager Regis stated $684,000 is reserved.
Council Member Wroge stated franchise fees were started because there couldn't be a
decision to increase taxes for street maintenance, building a new City Hall or tree replacement. He
added that street maintenance and trees are part of property taxes.
Council Member Sandahl stated the franchise fees began as an alternate LGA source so
the City has a steady stream of revenue and not just a shifting of tax dollars.
Mayor Kirsch said larger businesses pay more in franchise fees and the funding stays level.
The Truth-in-Taxation meeting will be held on December 4,2006 at 6:30 p.m. with a
continuation date of December 11, 2006 at 6:30 p.m.
Motion carried 5-0. These resolutions appear as Resolution No.'s 9819,9820,9821 and
9822.
Item #10
Council Member Sandahl presented Staff Report No. 184.
M/Sandahl, S/Kilian to approve first readina of an ordinance rezonina properties within the 1-
494 Corridor and set the public hearina and second readina for October 10, 2006.
Motion carried 5-0.
Item #11
Council Member Kilian presented Staff Report No. 185.
M/Kilian, S/Sandahl to approve an amendment to the Riaht-of-Entrv Aareement for use of
portions of the southerly lots of 66th Street between 17th Avenue and Cedar Avenue by Ryan
Companies US, Inc. prior to conveyance dates of properties to same.
Motion carried 5-0.
Item #12
City Manager Devich reported on McDOl's response to the City's letter expressing
displeasure with their lack of property maintenance on the sites purchased for the Crosstown
expansion, including MnDOT saying they would do maintenance in the future and expedite the
process.
Council Meeting Minutes
-9-
September 14,2006
Public Works Director Eastling discussed the need for renaming 17th Avenue because the
Cedar Point business addresses are necessary for deliveries. A decision needs to be made at the
October 10 City Council meeting.
City Manager Devich reported on the Open Forum survey, including that 14 of the 26 cities
responded.
Council Member Wroge said he thought there were enough responses and the City's best
interest needs to be served by televising the Open Forum. He added that he views the Open Forum
as a positive not negative, and should begin sooner rather than later.
Council Member Kilian said staff should request a response from the other "14 cities. He
suggested this discussion be held in December for a final decision.
Council Member Sandahl agreed more responses should be received.
Mayor Kirsch also agreed to seek more responses.
Council Member Rosenberg added discussion could wait until the January goalsetting
session.
Item #13
M/Rosenberg, S/Sandahl that the followina claims and pavrolls be approved:
u. S. BANK 8-22-06
AlP Checks: 152155 - 152503
PAYROLL 32426 - 32837; 41186- 41187
TOTAL
$ 1,321,506.57
$ 510,583.65
$ 1,832,090.22
U. S. BANK 9-12-06
AlP Checks: 152504 - 152924
PAYROLL 33236 - 34003; 41188- 41192
TOTAL
$ 1,555,100.89
$ 966,652.84
$ 2,521,753.73
Motion carried 5-0.
Mayor Kirsch announced the City Council would now go into a Closed Executive Session in
the Executive Conference Room.
City Attorney Thomson stated the purpose of the Closed Executive Session was to develop
or consider an offer or purchase price for three properties, 6613 Portland Avenue, 6545 Portland
Avenue and 6544 Portland Avenue. Following the closed session, the City Council will reconvene
in a public meeting to determine the just compensation.
The City Council went to Closed Executive Session at 9:00 p.m. in the Executive
Conference Room.
Council Meeting Minutes
-10-
September 14,2006
The Closed Executive Session was called to order by Mayor Kirsch in the Executive
Conference Room at 9:02 p.m.
Members Present:
Mayor Kirsch; Sue Sandahl; Fred Wroge; Bill Kilian; and Susan Rosenberg.
Steve Devich, City Manager; Bruce Palmborg, Community Development
Director; Mike Eastling, Public Works Director; Cheryl Krumholz, Recording
Secretary; and Corrine Thomson, City Attorney.
Staff Present:
The Closed Executive Session was convened pursuant to M.S. 13D.05,subd. 3(c)(iii) and
the purpose was to discuss the purchase of real estate.
The Closed Executive Session adjourned at 9:44 p.m.
The City Council reconvened the public meeting in the Council Chambers at 9:47 p.m.
Council Member Sandahl said the just compensation for each of the three properties, 6613
Portland, 6545 Portland and 6544 Portland, was determined by three highly certified appraisers
and according to State law.
M/Sandahl, S/Kilian that the followinQ resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 9818
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF
REAL PROPERTY LOCATED AT 6613 PORTLAND AVENUE, 6544 PORTLAND AVENUE, AND
6545 PORTLAND AVENUE (66TH STREET AND PORTLAND AVENUE INTERSECTION
IMPROVEMENT PROJECT)
Motion carried 5-0. This resolution appears as Resolution No. 9818.
The City Council meeting was adjourned by unanimous consent at 9:50 p.m.
f
C{Jt(K~O~
Recording Secretary
Date Approved: September 26. 2006