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12-09-03 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting December 9,2003 The meeting was called to order by Mayor Kirsch at 6:30 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; John Enger; and Gertrude Ulrich. Council Members Not Present: Staff Present: Sue Sandahl. Samantha Orduno, City Manager; Steve Devich, Administrative Services Director; Bruce Palmborg, Community Development Director; John Stark, Assistant Director of Community Development; Mike Eastling, Public Works Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Bill Fillmore, Municipal Liquor Operations Director; Kevin McGinty, Fire Services Director; Chris Regis, Finance Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Rosenberg, S/Enger to determine the absence of Council Member Sandahl as an excused absence. Motion carried 4-0. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. Council Meeting Minutes -2- December 9,2003 M/Rosenberg, S/Ulrich to approve the minutes of (1) Reoular City Council Meetino of November 12. 2003: (2) Special Concurrent City Council and HRA Worksession of November 17. 2003: and (3) Heoular City Council Meetino of November 25. 2003. Motion carried 4-0. Item #1 Jon Schoonmaker and Joan Heimberger, Richfield Foundation Members, awarded the 2003 grants. . Friendship Ventures ($1,000) . Cornerstone ($1,000) . YouthNet ($2,500) . Oak Grove Lutheran Church - Support c;lnd Housing Assistance for Families Enduring Hardships (SAFE) ($1,000) . Minneapolis Mediation Program ($500) . Volunteers Enlisted to Assist People (VEAP) ($750) . Big Brothers Big Sisters ($1,500) . Fraser School ($500) . Southdale YMCA ($1,500) . Bridging, Inc. ($750) Dave Reinert, Richfield Foundc;ltion Ch~ir, explained the goals of the Richfield Foundation. Item #2 Council Member Rosenberg referenced the December 8, 2003 Star Tribune article featuring Odell Brown, a Richfield resident and former Human Rights Commissioner member. Council Member Rosenberg referenced the December 9, 2003 Star Tribune article featuring Jane Gaden, a Richfield resident. Council Member Rosenberg thanked the City Council for maintaining the Hats Off to Hometown Hits on the agenda because it provides for recognition of the many good things in Richfield. Council Member Ulrich acknowledged the award to Best Buy from the 1-494 Commuter Services as a Richfield business that is the best work place for commuters. Council Member Ulrich announced she is a member of the Minneapolis Greater Daycare Association and distributed a report on the Child Care Industry. Item #3 None. Council Meeting Minutes -3- December 9,2003 Item #4 M/Rosenberg, S/Enger to approve the aoenda. Motion carried 4-0. Item #5 A. Removed from the consent calendar and placed on the regular agenda for consideration as Item 6. B. Removed from the consent calendar and placed on the regular agenda for consideration as Item 6. C. Approved stipulation for settlement and settlement agreement and release for workers' compensation claim SR. No. 278 D. Approved amendment to subordination and attornment agreement with Wells Fargo Bank, National Association related to improvements at Academy of Holy Angels S.R. No. 279 E. Approved stipulation of settlement between City of Richfield and Galyan's Trading Company, Inc. for damages awarded to Galyan's on Knox Avenue by court-appointed condemnation commission as part of 76th Street Widening Project S.R. No. 280 F. Approved amendment to agreement with W.D.Schock, Co., Inc. for property disposition services for Airport Noise Acquisition Program S.R. No. 281 G. Approved extension of Contract No. A021 020 with Hennepin County to allow continued access to property information system from January 1,2004 through December 31,2004 S.R. No. 282 M/Rosenberg, S/Enger to approve the Consent Calendar as amended. Motion carried 4-0. Item #6 5A. Consideration of approval of resolution awarding sale of $3,520,000 General Obligation Taxable Tax Increment Bonds, Series 2003C; Kensington Park Project S.R. No. 276 Finance Manager Regis presented Staff Report No. 276 regarding approval of a resolution awarding the sale of $3,520,000 General Obligation Taxable Tax Increment Bonds, Series 2003C for the Kensington Park Project. Sid Inman, Ehlers & Associates, Inc. reviewed the bid tabulations for the bond sale. Ehlers & Associates, Inc.'s recommendation is to award the bonds to Griffin, Kubik, Stephens & Thompson, Inc., as the lowest responsible bidder. Mr. Inman stated that, as part of the resolution, the notice of the call is approved. -4- December 9, 2003 Council Meeting Minutes M/Rosenberg, S/Enger that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: 75. RESOLUTION NO. 9404 A RESOLUTION AWARDING THE SALE OF APPROXIMATELY $3,520,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2003C; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Motion carried 4-0. This resolution appe(3rs as Resolution No. 9404 in Resolution Book No. 58. Consideration of approval of request for extension of conditional use permit until January 14, 2005 to allow cOl"1struGticm of seven-unit townhQuse development at 6833 and 6855 Penn Avenue S.R. No. 277 Council Member Enger presented Staff Report No. 277 regarding a request for an extension of a conditional use permit until January 14, 2005 to allow construction of a seven-unit townhouse development at 6833 and 6855 Penn Avenue. Council Member Enger asked about the status of the project. Dave Gepner, applicant, provided a status update of the construction, anticipated start and completion dates, pre-sales interest and financial challenges. M/Enger, S/Rosenberg to approve an extension for a Conditional Use Permit until Januarv 14. 2005 to allow the construction ofaseven-unit townhouse development at 6833 and 6855 Penn Avenue. . ',' . Item #7 Motion carried 4-0. Council Meeting Minutes -5- December 9,2003 Public Safety Director Scott stated Ketsana's (7M) withdrew their application and Frenchman's (7B) did not meet the ordinance requirements of restaurant sales being 51 % food. Frenchman's ratio is approximately 56% liquor, 44% food sales. He suggested that since this is The Frenchman's first year for an on-sale liquor license, their license be issued with a stipulation that they meet with Public Safety staff to provide quarterly updates on their liquor/food sales. Mayor Kirsch announced the public hearing on all the licenses would be conducted together. M/Rosenberg, S/Ulrich to close the public hearinas. Motion carried 4-0. City Attorney Thomson stated licenses could be approved with one motion unless stipulations are included. Mayor Kirsch stated the approval of each license would be considered separately. A. Council Member Enger presented Staff Report No. 283 regarding an On-Sale Intoxicating and Sunday Liquor for Chi-Chi's, Inc., dba Chi-Chi's Mexican Restaurante, 7717 Nicollet Avenue. M/Enger, S/Rosenberg to approve the renewal of on-sale intoxicatina and Sunday liquor licenses for Chi-Chi's. Inc.. d/b/a Chi-Chi's Mexican Restaurante. 7717 Nicollet Avenue South. Motion carried 4-0. B. Council Member Enger presented Staff Report No. 284 regarding an On-Sale Intoxicating and Sunday Liquor for the Frenchman's, 1400 East 66th Street. M/Enger, S/Rosenberg to approve the renewal of on-sale intoxicatino and Sunday liquor licenses for The Frenchmans. 1400 East 66th Street. with the stipulation that The Frenchmans report quarterly to the Public Safety Director with a sales report on their maintainina the 51 % liquor/49% food sales ratio required by the ordinance. Motion carried 4-0. C. Council Member Enger presented Staff Report No. 285 regarding an On-Sale Intoxicating and Sunday Liquor, including outside service of alcohol, for Wiltshire Restaurants, LLC, dba Houlihan's Restaurant & Bar, 6601 Lyndale Avenue. M/Enger, S/Rosenberg to approve the renewal of on-sale intoxicatino and Sunday liquor licenses. includina the outside service of alcohol. for Wiltshire Restaurants. LLC d/b/a Houlihan's Restaurant & Bar. 6601 Lyndale Avenue South. Motion carried 4-0. D. Council Member Enger presented Staff Report No. 286 regarding an On-Sale Intoxicating and Sunday Liquor for Don Pablo's Operating Corp., dba Don Pablo's, 980 West 78th Street. Council Meeting Minutes -6- December 9, 2003 Council Member Enger ask~d about the accountant's stliitement not yet submitted. Public Safety Director Spott stated it was not unusual to not have this statement at the time of the City Council meeting, anq to have it arrive foll9win9 the meeting. M/Enger, S/Rosenberg to approve the renewal of on-sale intoxicatina and Sunday liquor licenses for-Don Pablo's Operatina Corporation d/b/a Don Pablo's. 980 West 78th Street with the stipulation the accountant's statement to prove the percentaae of food sales as required in the ordinance is met and if not met. the establishment is to meet with the Public Safety Director monthlv to provide a status report. . Motion carried 4-0. E. Council Member Enger presented Staff Report No. 287 regarding an On-Sale Intoxicating and Sunday Liquor for Champps Operating Corp., dba Champps Restaurant, 790 West 66th Street. M/Enger, S/Rosenberg tOal=)prove the renewal of on-sale intoxicatina and Sunday liquor licenses for Champps Operatina Corporation d/b/a Champps Restaurant. 790 West 66th Street. Mofi.on carried 4.0. F. Council Member Enger presented Staff Report No. 288 regarding an On-Sale Intoxicating and Sunday Liquor for Paisan Inc., dba Khan's Mongolian Barbeque, 500 East 78th Street. M/Enger, S/Rosenberg to approve the renewal of on-sale intoxicatino and Sunday liquor licenses for Paisan Inc.. d/b/~ Kha~'s Monoolian ~arb,e(1u~;.5pO East 78th Street. Motion carried 4-0. Council Member Ulrich reviewed the requirements that must be met for a liquor license. H. Council Member Ulrich presented Staff Report No. 290 regarding an On-Sale Intoxicating and Sunday Liquor for Taco Morelos II, Inc., Two West 66th Street. M/Ulrich, S/Rosenberg to approve the renewal of on-sale intoxicating and Sunday liquor licenses for Taco Morelos II. Inc.. 2 West 66th Street. with the stipulation that proof of liquor liability insurance and workers' comP.ensationcoveraoe bePf()vided. prior to th.e issuance of the license. Motion carried 4-0. I. Council Member Ulrich presented Staff Report No. 291 regarding a Club On-Sale and Sunday Liquor for Fred Babcock V.F.W. Post No. 5555, Inc., dba Four Nickels Food & Drink; 6715 Lake Shore Drive. Council Member Ulrich asked about the accountant's statement of 43% food, 55% liquor sales. City Attorney Thomson explained the ordinance addresses Club Liquor Licenses, such as for the VFW, differently than restaurants and hotels. M/Ulrich, S/Rosenberg to approve the renewal of club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555. Inc.. d/b/a Four Nickels Food and Drink. 6715 Lake Shore Drive. Council Member Enger asked about the definition of a Club License. City Attorney Thomson explained the license based upon City ordinance and State Statute. Motion carried 4-0. Council Meeting Minutes -7- December 9, 2003 Howard Bunce, 7608 Sheridan Avenue, VFW Commander, expressed appreciation for the license and explained the organizatiolJ,;~)e8T.lTIitm~ntto the community. G. Council Member Ulrich presented Staff Report No. 289 regarding an On-Sale Intoxicating and Sunday Liquor for The Ground Round, Inc., dba The Ground Round, 1500 East 78th Street. M/Ulrich, S/Rosenberg to approve the renewal of on-sale intoxicating and Sunday liauor licenses for The Ground Round Inc.. d/b/a The Ground Round. 1500 East 78th Street. Motion carried 4-0. J. Council Member Ulrich presented Staff Report No. 292 regarding a Club On-Sale and Sunday Liquor for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue. M/Ulrich, S/Rosenberg to approve the renewal of club on-sale and Sunday Iiauor licenses for Minneapolis-Richfield American Legion Post 435. 6501 Portland Avenue South. Motion carried 4-0. K. Council Member Ulrich presented Staff Report No. 293 regarding an On-Sale Wine and 3.2 Percent Malt Liquor for Thompson's Fireside Pizza, Inc., dba Fireside Pizza, 6736 Penn Avenue. M/Ulrich, S/Rosenberg to approve the renewal of on-sale wine and 3.2 percent malt Iiauor licenses for Thompson's Fireside Pizza. Inc.. d/b/a Fireside Pizza. 6736 Penn Avenue South. Motion carried 4-0. L. Council Member Ulrich presented Staff Report No. 294 regarding an On-Sale Wine and 3.2 Percent Malt Liquor for Kiang's Red Pepper, Inc., dba Red Pepper Chinese Restaurant, 2902 West 66th Street. M/Ulrich, S/Rosenberg to approve the renewal of on-sale wine and 3.2 percent malt liauor licenses for Kiang's Red Pepper. Inc.. d/b/a Red Pepper Chinese Restaurant. 2902 West 66th Street. Motion carried 4-0. M. Council Member Ulrich stated Ketsana's had withdrawn their request for an application. Item #8 The City Council conducted one public hearing to consider the 2004 pawnbroker and secondhand goods dealer license renewals for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue and Capital Cash LLC, dba Hy's Pawn, 6414 NicolletAvenue. Mark Nichols, Metro Pawn, stated he was available to answer questions. M/Rosenberg, S/Ulrich to close the public hearing. Motion carried 4-0. A. Council Member Rosenberg presented Staff Report No. 296 regarding the 2004 pawnbroker and secondhand goods dealer license renewal for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue. Council Meeting Minutes -8- December 9,2003 M/Rosenberg, S/Ulrich to approve the renewal of pawnbroker and secondhand ooods dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. Motion carried 4-0. B. Council Member Rosenberg presented Staff Report No. 297 regarding the 2004 pawnbroker and secondhand goods d~aler license renewal for Capital Cash LLC, dba Hy's Pawn, 6414 Nicollet Avenue. M/Rosenberg, S/Enger to approve the renewal of pawnbroker and secondhand ooods dealer licenses for Capital Cash LLC, d/b/a Hy's Pawn, 641~ l'Jicollet Avenue South. Motion carried 4-0. Item #9 City Manager Orduno presented Staff Report No. 298 regarding consideration of resolutions approving the 2003 Re"iseqJ2004 ProP9~ed bu,gge.t and tax levy and related resolutions. City Manager Ordurto stated the "Normal Progression Through Management Compensation Plan" section of the resolution relating to the 2004 Management Salary Compensation Plan in the City Council agenda packet is incorrect because it does not reflect the reduced percentages and should not be considered tonight. She said a corrected progression section of the compensation plan will be provided to the City Council for consideration in January. Public Works Director Eastling stated Rollie Danielson, US Bench, has serious concerns regarding the $55 renewal fee for bus benches proposed in the Appendix D resolution before the City Council tonight. Public Works Director Eastling suggested the City Council consider this fee at a later date. City Manager Orduno sti;ited Mr. Danielson will be at the meeting to address the City Council, but she gave him a time estimate of when discussion would occur that turned out to be inaccurate. M/Rosenberg, S/Ulrich that the followino resolutions be adopted excludino the Normal Prooression Throuoh Manaoement Compensation Plan section of the resolution relatino to the 2004 Manaoement Salary Compensation Plan and the $55 bench fee in the resolution Establishino 2004 License, Permit and Miscellaneous Fees Pursuant to the Provisions of Appendix D of the Ordinance Code of the City of Richfield Rescindino Resolution No. 9366 and consider these two sections at a later date, that they be spread in the resolution book and that they be made part of these minutes: RESOLUTION NO. 9405 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2004 RESOLUTION NO. 9406 RESOLUTION AUTHORIZING BUDGET REVISIONS Council Meeting Minutes -9- December 9,2003 RESOLUTION NO. 9407 RESOLUTION AUTHORIZING REVISJ.QN .oF 2003 BUDGET OF VARIOUS DEPARTMENTS " '_.cc,,_ d._ , . RESOLUTION NO. 9408 RESOLUTION AUTHORIZING ANNUAL ADJUSTMENT TO CITY'S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE RESOLUTION NO. 9409 RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS RESOLUTION NO. 9410 RESOLUTION ADOPTING THE 2004 CAPITAL IMPROVEMENT BUDGET RESOLUTION NO. 9411 RESOLUTION ADOPTING THE 2005-2009 CAPITAL IMPROVEMENT PROGRAM RESOLUTION NO. 9412 RESOLUTION ESTABLISHING POLICIES, PROCEDURES, AND FEES FOR THE ASSESSING DIVISION RESOLUTION NO. 9413 RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 8298 RESOLUTION NO. 9414 RESOLUTION RELATING TO THE 2004 GENERAL SERVICES SALARY COMPENSATION PLAN RESOLUTION NO. 9415 RESOLUTION RELATING TO THE 2004 SPECIALIZED PAY PLAN RESOLUTION NO. 9416 RESOLUTION RELATING TO THE 2004 MANAGEMENT SALARY COMPENSATION PLAN (excluding the Normal Progression Through Management Compensation Plan section) RESOLUTION NO. 9417 RESOLUTION ESTABLISHING 2004 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 9366 (excluding the $55 bench fee) Council Member Enger stated the budget is not resolved in his mind because not enough has been done to keep taxes down, especially for those on a fixed income; and given the State's November economic forecast being better than anticipated. He said no cities have been hit as hard in State aid reductions as Richfield anticipated. Council Member Enger stated he had no problem with taxes but did have a problem with the addition of franchise fees. He said there was no need to have the fees as high as proposed and suggested the elimination of the fees and lowing the selling of bonds. Council Meeting Minutes -10- December 9, 2003 Council Member Rosenberg stated she did not disagree with Council Member Enger philosophically, but that his specific concerns had not previously been heard. Council Member Enger stated he had discussed concerns before and suggested a freeze on Management salaries and a 1 % increa;:;e for other City employees. He said lots of cities are having low increases in 2004 and the major corporations are holding down raises. Council Member Rosenberg stated she would agree with the salary suggestions if there had not been budget reductions already. She said a pay freeze is unacceptable when staff is already asked to do more with less resources. Council Member Enger stated that. for staff to expect a 3% salary increase, is ridiculous. Mayor Kirsch stated he believed Richfield City staff to be the best and that the salary increase is driven by union contracts. Council Member Enger asked about the status of the 2004 contracts. Administrative Services Director Devich stated all collective bargaining units are open for 2004. He reviewed the 2004 ranges for the salary increases proposed by other cities, with the majority of the cities proposing a 3% increase. He said that if other comparable Stanton 5 cities approve a 3% increase for bargaining units pnd Richf:ield doe;:;n't, neg"otiations will end up in arbitration. He explained the different options for unions relpted to essential and non-essential services. He stated General Services and Management employees are currently not members of a union but Richfield has a history of matching the union salary increases. He added that if that history is discontinued, it will force unions to form for these two employee groups. Mayor Kirsch stated Mr. Devich has consistently worked to keep salaries as low as possible. He added that Richfield does not have a history of being a pay leader, but it's also not good to be at the bottom. Council Member Ulrich stated she has met many former City employees at various meetings who state they originally came to Richfield because it is a great training ground. She said Richfield has a good staff that needs to be supported so they stay not only for the services they provide but also because .of the expense to replace and train new employees. Council Member Enger asked for a copy of the wage results from other cities. City Manager Orduno stated Richfield is losing staff to other cities due to wages and that it is important to remain in the metro mid-range of salaries. Council Member Rosenberg asked Council Member Enger how much time he has spent meeting one-on-one with staff to get answers to his budget questions. Council Member Enger said none, that's why budget meetings are held. Council Member Rosenberg stated that by not meeting with staff she believed Council Member Enger was not doing his job and that he owed it to his constituents to spend time with staff. Council Member Enger stated he owes his constituents to keep taxes down. He said seniors are being forced out of their homes and no affordable housing is available for them. Council Meeting Minutes -11- December 9, 2003 Council Member Rosenberg stated that was all the more reason to meet with staff. She said staff is consistently seeking waysJR provide affordable housing. Council Member Enger said the City Council is not willing to build affordable housing to get people to stay in Richfield and the City Council and staff do not care that smaller businesses are moving to Bloomington. Council Member Rosenberg explained the Community Council's role in seeking affordable housing. Council Member Enger said not enough is being done. Council Member Ulrich stated she has spent many hours working with staff at the County and Met Council level on this issue. She said Richfield is a very small city with a limited budget and Richfield cannot solve this problem because federal help is needed. as it extends over the entire nation. Council Member Enger said schools are suffering due to not enough students attending because so many seniors are staying in there two - three bedroom homes because they can't afford to move to make their home available to younger families. Council Member Ulrich called the question. Council Member Rosenberg invited Council Member Enger to the upcoming affordable housing meeting. Motion carried 3-1. (Enger opposed.) These resolutions appear as Resolution No.'s 9405 through 9417 in Resolution Book No. 75. Council Member Rosenberg stated she understood the residents' concerns regarding taxes but this budget is investing in the community. Not being present earlier, the City Council invited Rollie Danielson, US Bench, to address the City Council regarding the permit fee on benches. Rollie Danielson, US Bench, expressed concern regarding the permit fee increase from $25 to $55 to renew bus benches. He requested the City Council give consideration to reducing the fee to an amount closer to the average in the metro area. Council Member Enger asked how many benches are in Richfield and the types of advertising displayed. Mr. Danielson said there are 52 benches with advertising by local businesses. M/Enger, S/Kirsch to cham:1e the permit fee for the bench renewal to $30 in the Resolution EstablishinQ 2004 License. Permit and Miscellaneous Fees Pursuant to the Provisions of Appendix D of the Ordinance Code of the City of Richfield RescindinQ Resolution No. 9366. Council Member Rosenberg asked about the fee paid by the company last year, since it was $55 last year. Public Works Director Eastling explained, due to an accounting error, a $25 permit fee was paid. Council Meeting Minutes -12- December 9, 2003 Motion carried 3-1. (Rosenber~ opposed.) City Manager Orduno distributed the revised "Normal Progression Through Management Compensation Plan" section of the resolution relating to the 2004 Management Salary Compensation Plan. She saiq th~~City Council could now consider adopting this section as part of the re.solution. M/Rosenberg, S/Ulrich to approve the "NormaLProoression Throuoh Manaoement Compensation Plan section of theResolution relatinoto the, 2004 Manaqement Salarv Compensation Plan. " , " . . Motion carried 4-0. Council Member Ulrich said she was not happy with lowering the bench permit fee to $30 and with more consideration she would have suggested a $35 fee. She added that it was good to have the advertising under control as much as possible. Item #10 M/Rosenberg, S/Enger that the followino claims and payrolls be approved: , " ,,'.. .'. - . . - " RICHFIELD BANK & TRUST CO. AlP Checks: 128474 - 128746 PAYROLL 36875 - 36982 TOTAL $ 749,675.75 $ 437,868.78 $ 1,187,544.53 Motion carried 4-0. Item #11 The City Council meeting was adjourned by unanimo~s co.::nt at aU Date Approved: January 13. 2004 ~~ M . .,Kir M c~~~f:i?A~ Recording Secretary