06-26-07 Regular
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CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
June 26, 2007
I CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:05 p.m.
I ROLL CALL
Members Present:
Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Susan Rosenberg; and
Bill Kilian.
Staff Present:
Steve Devich, City Manager; Mike Eastling, Public Works Director; Pat
Smith, Acting Community Development Director; Brad Sveum, Fire
Services Director; Betsy Osborn, Health Administrator; Cheryl Krumholz,
Recording Secretary; and Mac LeFevre, City Attorney.
I OPEN FORUM
Jen Lux, 7620 Aldrich Avenue, speaking on behalf of the house side of Aldrich Avenue,
presented the City Council with a petition requesting signs on the even side of the street for permit
parking only. She spoke about parking, traffic and safety issues on Aldrich Avenue from
Kensington Park businesses. The recent parking agreement permits Kensington employees to
park at the 77th Street and Lyndale Avenue liquor store lot, but now consumers park on Aldrich
Avenue.
Council Member Rosenberg stated she would support review of permit parking because
she believes it to be the urban solution. She also stated she would like more neighbors' feedback.
Council Member Rosenberg said other neighborhoods may be interested in permit parking.
Council Member Wroge said he was very concerned regarding the parking on Aldrich
Avenue and that it was time to review permit parking to resolve this problem to the residents'
benefit.
City Manager Devich suggested a Special City Council Worksession be held as soon as
possible to discuss the pros/cons of permit parking.
Mayor Goettel suggested the possibility of street curb cut-outs for parking.
Council Member Kilian requested staff research this issue and provide information, with
alternative solutions, to the City Council in advance of the Worksession.
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June 26, 2007
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Kilian, S/Wroge to approve the minutes of (1) Special City Council Worksession of June
12,2007 and (2) ReQular City Council MeetinQ of June 12. 2007.
Motion carried 5-0.
Item #1
CONSIDERATION OF RESOLUTION SUPPORTING URBAN PARTNERSHIP
AGREEMENT APPLICATION FOR 1-35W BY MINNESOTA DEPARTMENT OF
TRANSPORTATION S.R. NO. 169
Council Member Sandahl presented Staff Report No. 169.
Brian Kary, Minnesota Department of Transportation (MnDOT) Freeway Operations
Engineer, discussed MnDOT's being a finalist for a special federal demonstration grant to improve
transit on 1-35W south of downtown Minneapolis and on Highway 77 at Highway 62. MnDOT has
requested the affected cities to pass a resolution in support to improve the chances of receiving
funds.
Mayor Goettel asked about restrictions.
Mr. Kary explained the requirements that need to be met, including the timeline.
Council Member Wroge asked about the need to charge a toll.
Mr. Kary explained no general purpose lane will be removed but a fifth lane will be added
with a toll to better utilize high occupancy vehicle (HOV) for space capacity.
M/Sandahl, S/Goettel that the followinQ resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 9949
RESOLUTION AUTHORIZING URBAN PARTNERSHIP AGREEMENT
Council Member Wroge asked about charging a toll for single occupancy vehicles from
south of Burnsville to downtown.
Mr. Kary explained the transit incentives and price points.
Mayor Goettel asked about the timeline if this grant is not received.
Mr. Kary stated the timeframe for reconstruction of 1-35W north of 46th Street is 2023/2030.
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June 26, 2007
Council Member Sandahl said a toll on 394 is economical and mostly used by individuals in
time sensitive situations. It helps everyone by moving traffic to different lanes and is an overall
plus. ..
Council Member Kilian stated the vehicles traveling greater distances are more likely to pay
the toll. He added that peak pricing of mass transit should be competitive.
Motion carried 5-0. This resolution appears as Resolution No. 9949.
Item #2
COUNCIL DISCUSSION
. HATS OFF TO HOMETOWN HITS
. SPECIAL CITY COUNCIL MEETING REGARDING 2007 REVISED/200S
PROPOSED BUDGET
Council Member Rosenberg reported on the successful Richfield Beautiful Home & Garden
Tour.
Council Member Wroge provided an update on the City Hall Task Force progress.
Bob Houlton and Tom Rublein, Fourth of July Committee, reported on upcoming July 4
activities and events.
City Manager Devich provided a report on the Neighborhood Inspection Program for April
and May.
Council Member Kilian stated residents are notified when their neighborhood is to be
inspected.
Council Member Wroge reviewed the types of violations being checked.
Fire Services Director Sveum discussed the restrictions related to personal use of
fireworks, including Minnesota Statute prohibiting their use on public property (parks).
Mayor Goettel requested a moment of silence in memory of veteran Charles Lindberg.
litem tI3 I COUNCIL APPROVAL OF AGENDA
M/Rosenberg, S/Sandahl to approve the aQenda.
Motion carried 5-0.
litem #4 I CONSENT CALENDAR
A. Approved resolution acknowledging receipt ot petition tor vacation ot right-ot-way and
conducting first reading of transitory ordinance to vacate right-of-way and calling for public
hearing and second reading on July 24,2007; 6548-15th Avenue S.R. No. 170
Council Meeting Minutes
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June 26, 2007
RESOLUTION NO. 9950
RESOLUTION DECLARING ADEQUACY OF PETITION FOR
VACATION OF RIGHT-OF-WAY AND
CALLING FOR A PUBLIC HEARING
ON THE REQUEST TO VACATE RIGHT-OF-WAY
This resolution appears as Resolution No. 9950
B. Approved resolution declaring costs to be assessed and ordering preparation of
assessment roll for 2006 removal of diseased trees from private property and setting public
hearing for August 14, 2007 S.R. No. 171
RESOLUTION NO. 9951
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2006 TO DECEMBER 31, 2006
This resolution appears as Resolution No. 9951
C. Approved resolutions declaring costs to be assessed and ordering preparation of
assessment roll for 2006 Lyndale/HUB/Nicollet maintenance, and proposing similar
assessment process for 2008 and setting public hearing for August 14, 2007 S. R. No. 172
RESOLUTION NO. 9952
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT FOR
L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1, 2006 THROUGH DECEMBER 31, 2006
RESOLUTION NO. 9953
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS
OF CURRENT SERVICES PROVIDED WITHIN THE
L YNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD
JANUARY 1, 2008 THROUGH DECEMBER 31, 2008.
These resolutions appear as Resolution No. 's 9952 and 9953.
D. Approved resolutions declaring costs to be assessed and ordering preparation of
assessment roll for 2006 77th Street maintenance district, and proposing similar
assessment process for 2008 and setting public hearing for August 14, 2007 S. R. No. 173
RESOLUTION NO. 9954
RESOLUTIONDECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1, 2006 THROUGH DECEMBER 31, 2006
Council Meeting Minutes
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June 26, 2007
RESOLUTION NO. 9955
RESOLUTION PROPOSING TOSPECI.A.LL Y ASSESS FOR THE COSTS OF CURRENT
SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD
JANUARY 1, 2008 THROUGH DECEMBER 31, 2008
These resolutions appear as Resolution No. 's 9954 and 9955.
E. Approved purchase agreement for site which contains City's lift station at 7700 Knox
Avenue from Richfield HRA S.R. No. 174
F. Approved submitting federal grant application under Safe, Accountable, Flexible, Efficient
Transportation Equity Act: a Legacy of Users (SAFETEA-LU) program for 77th Street and
Lyndale Avenue S.R. No. 175
G. Approved purchasing new log and brush chipper for use by Forestry Division from Vermeer
Sales and Service of Burnsville in amount of $57,951.98 S.R. No. 176
H. Approved public dance and temporary 3.2 percent malt liquor licenses for Church of the
Assumption for Kermes event on July 28,2007 S.R. No. 177
I. Approved on-sale temporary 3.2 percent malt liquor license for Church of the Assumption
for Fun Fiesta on August 12, 2007 S.R. No. 178
J. Approved community celebration event license and temporary on-sale 3.2 percent malt
liquor licenses, with waiver of associated fees, for Fourth of July Committee for annual
events at Veterans Memorial Park on June 29 through July 6, 2007 SR. No. 179
K. Approved temporary on-sale 3.2 percent malt liquor license for Minneapolis-Richfield
American Legion Post 435,6501 Portland Avenue, for activities on July 3 and 4,2007 S.R.
No. 180
L. Approved continuing agreement with City of Bloomington for food inspection services for
Richfield for 2007 S.R. No. 181
M/Sandahl, S/Kilian to approve the Consent Calendar.
Motion carried 5-0.
Item #5
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR
None.
Item #6
CONSIDERATION OF HIRING WSB & ASSOCIATES TO PROVIDE RIGHT OF
WAY SERVICES FOR LYNDALE AVENUE BRIDGE PROJECT S.R. NO. 182
Council Member Wroge presented Staff Report No. 182.
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June 26, 2007
MlWroge, S/Rosenberg to approve the hirinq of WSB & Associates to provide riqht of way
services for the Lyndale Avenue Bridqe Proiect.
Motion carried 5-0.
Item #7
CITY MANAGER'S REPORT
. LANDSCAPING FOR 18TH AVENUE BERM
. HENNEPIN COUNTY WELLNESS PROGRAM BY DESIGN AWARD
(COUNCIL MEMO NO. 110)
City Manager Devich reported on the Hennepin County Wellness Program by Design Award.
City Manager Devich requested the City Council select a date for review of the budget. The
budget will be distributed on August 9 and there had been a request from the City Council to move
the review date from the third week in August to the second week.
Council Member Wroge stated he requested the earlier date because typically, the City
Council cancels their second meeting in August and having the budget discussion the second week
would permit two weeks off from meetings.
The City Council consensus was to conduct the budget review on Thursday, August 16.
Public Works Director Eastling discussed the landscaping plan for the 18th Avenue berm,
including seeding, watering and the additional costs.
Council Member Kilian stated the berm needs to comply with the City's property maintenance
ordinance just like all other properties.
litem #8 I CLAIMS AND PAYROLL
M/Rosenberg, SlWroge that the followinq claims and payrolls be approved:
U. S. BANK
NP Checks: 159941 - 160370
PAYROLL 40333 - 40715; 41273 - 41277
TOTAL
$ 1,383,232.78
$ 489,799.69
$ 1,873,032.47
Motion carried 5-0.
Item #9 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE
CONFERENCE ROOM REGARDING:
. ATTORNEY-CLIENT DISCUSSION RELATED TO AIRPORT LITIGATION
. DISCUSSION WITH SPECIAL COUNSEL FOR CITY RELATED TO PENDING
EMINENT DOMAIN LITIGATION WITH PORTLAND HOLDINGS
. CITY MANAGER ANNUAL PERFORMANCE EVALUATION AND
COMPENSATION REVIEW
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June 26, 2007
City Attorney LeFevre stated it is appropriate for the City Council to have a closed session
to discuss airport litigation because there isa need for attorney-client confidentiality.
Mr. LeFevre stated the closed session regarding the City Manager's evaluation is
appropriate because there has been no request to have an open meeting.
Tom Scott, special counsel, stated attorney-client confidentiality is needed to discuss the
pending eminent domain litigation with Portland Holdings. The City Council will need to address an
agreement when they return to the open meeting.
Mayor Goettel adjourned the open meeting at 8:21 p.m.
CLOSED EXECUTIVE SESSION
The Closed Executive Session was called to order by Mayor Goettel in the Executive
Conference Room at 8:23 p.m.
. DISCUSSION WITH SPECIAL COUNSEL FOR CITY RELATED TO PENDING EMINENT
DOMAIN LITIGATION WITH PORTLAND HOLDINGS
Members Present:
Mayor Goettel; Sue Sandahl; Fred Wroge; Bill Kilian; and Susan
Rosenberg.
Staff Present:
Steve Devich, City Manager; Mike Eastling, Public Works Director; Tom
Scott, special counsel; and Cheryl Krumholz, Recording Secretary.
. ATTORNEY-CLIENT DISCUSSION RELATED TO AIRPORT LITIGATION
Members Present:
Mayor Goettel; Sue Sandahl; Fred Wroge; Bill Kilian; and Susan
Rosenberg.
Staff Present:
Steve Devich, City Manager; Pam Dmytrenko, Assistant to City Manager;
Mac LeFevre, City Attorney; and Cheryl Krumholz, Recording Secretary.
. CITY MANAGER ANNUAL PERFORMANCE EVALUATION AND COMPENSATION
REVIEW
Members Present:
Mayor Goettel; Sue Sandahl; Fred Wroge; Bill Kilian; and Susan
Rosenberg.
Staff Present:
Steve Devich, City Manager.
The Closed Executive Session was convened pursuant to M.S. 13D.05.
The Closed Executive Session adjourned at 10:24 p.m.
Item #10 RECONVENE REGULAR CITY COUNCIL MEETING IN COUNCIL CHAMBERS
The City Council reconvened the public meeting in the Council Chambers at 10:25 p.m.
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June 26, 2007
Item #11 CONSIDERATION OF APPROVAL OF KENNEDY AND GRAVEN AGREEMENT
M/Sandahl, S/Rosenberg to approve the Kennedv and Graven settlement aoreement
continoent upon the closino on the Portland Holdinos transaction within 30 days.
Motion carried 5-0.
ADJOURNMENT OF REGULAR CITY COUNCIL MEETING
The City Council meeting was adjourned by unani
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Cheryl Kt;!~
Recording Secretary
en L. Devich -
City Manager
Date Approved: July 10,. 2007