09-11-07 Regular
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CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 11, 2007
I CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:02 p.m.
I ROLL CALL
Members Present:
Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Bill Kilian; and Susan
Rosenberg.
Staff Present:
Steve Devich, City Manager; Bruce Palmborg, Community Development
Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation
Services Director; Brad Sveum, Fire Services Director; Bill Fillmore,
Municipal Liquor Operations Director; Kristin Asher, Assistant City
Engineer; Chris Regis, Finance Manager; Cheryl Krumholz, Recording
Secretary; and Corrine Thomson, -City Attorney.
I OPEN FORUM
No one was registered to speak.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
I APPROVAL OF MINUTES
. M/Rosenberg, S/Wroge to approve the minutes of (1) Special City Council Worksession of
Auqust 14. 2007; (2) Reqular City Council Meetinq of Auqust 14. 2007; (3) Special City Council
Worksession of AUQust 14. 2007; and (4) Special City Council MeetinQ of AUQust 16, 2007.
Motion carried 5-0.
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September 11, 2007
Item #1
PRESENTATION OF CERTIFICATES OF RECOGNITION TO CONSTRUCTION
WORKERS FROM AMES CONSTRUCTION WHO ASSISTED WITH RECENT
TRUCK ACCIDENT IN CROSSTOWN COMMONS AREA (COUNCIL MEMO NO.
166)
Mayor Goettel presented Certificates of Recognition to construction workers from Ames
Construction who assisted with a recent truck accident in the Crosstown Commons area.
Item #2
ANNUAL MEETING WITH FRIENDSHIP CITY COMMISSION
Dave Delzer, Friendship City Commission Chair, reported on the commission's
accomplishments and goals.
Item #3
COUNCIL DISCUSSION
. HATS OFF TO HOMETOWN HITS
Council Member Sandahl acknowledged the efforts of City Bella and City staff for the
sculptures at 66th StreeULyndale Avenue.
Council Member Wroge announced the "Chat with CHAT II" open house for the public to
receive an update on the progress of the proposed new City Hall/Fire/Police facility.
Council Member Rosenberg acknowledge~ the success of the recent FOWL Ball Golf
Klassic.
Mayor Goettel discussed her recent meeting with Hennepin County Commissioner Randy
Johnson and the Director of Public Works regarding the 66th Street/Portland Avenue intersection
design issues. She stated Mr. Johnson and the Director could probably have an open mind
regarding continued funding of the intersection if it changed from a roundabout design and that
they would be interested in having information brought forward to their staff.
Item #4
COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed Item 5F for separate consideration as Item 6 and tabled Item 9.
Council Member Rosenberg removed Item 5B for separate consideration as Item 6.
Council Member Wroge removed Item 5A for separate consideration as Item 6.
M/Wroge, S/Rosenberg to approve the aQenda as amended.
Motion carried 5-0.
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September 11, 2007
litem #5 I CONSENT CALENDAR
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 first reading of ordinance amendment in Section 1202.05 Subdivision 3(b)
increasing number of wine licenses within the City from seven to twelve and scheduling
second reading for October 9,2007 S.R. No. 228
D. Approved resolution authorizing purchase of real property at 6744 Blaisdell Avenue,
conducting first reading of transitory ordinance authorizing sale of property to HRA for
affordable home development and scheduling public hearing and second reading to
September 25, 2007 S.R. No. 229
RESOLUTION NO. 9982
RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY
LOCATED AT 6744 BLAISDELL AVENUE
This resolution appears as Resolution No. 9982.
E. Approved resolution declaring costs to be assessed and ordering preparation of
assessment roll for weed elimination from private property and removal or elimination of
public health or safety hazards from private property and scheduling public hearing for
October 9,2007 S.R. No. 230
RESOLUTION NO. 9983
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF
PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY
This resolution appears as Resolution No. 9983.
F. Removed from the Consent Calendar and placed on the regular agenda for consideration
as Item 6.
G. Approved amendment to professional services agreement with Hoisington Koegler Group,
Inc. for preparation of Housing Chapter in 2008 Comprehensive Plan update S.R. No. 232
H. Approved proposed sanitary sewer agreement between Metropolitan Airports Commission
and City of Richfield to provide sanitary sewer to serve City's new maintenance facility
S.R. No. 233
I. Approved issuing new taxi license for Twin Cities Airport Taxi, Inc., 9217-17th Avenue,
Bloomington, MN S.R. No. 234
M/Sandahl, S/Wroge to approve the Consent Calendar as amended.
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September 11, 2007
Motion carried 5-0.
Item #6
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR
5A. Consideration of approval of continuing public hearing to October 9, 2007
regarding "major amendment" to City Bella planned unit development for construction of
screening enclosures around air condensing units and ability to restrict public parking in
underground garage S.R. No. 226
Council Member Wroge stated he did not want to stop the process but wanted to discuss his
concern that the air conditioning units were installed and no permits pulled when the owner should
know what's needed. He requested information that would indicate there was no way to put the
units in the garage because of inadequate ventilation.
MlWroge, S/Kilian to continue the public hearino reoardino a "maior amendment" to the City
Bella Planned Unit Development to October 9,2007.
Motion carried 5-0.
5B. Consideration of approval of first reading of ordinance amendments to Richfield
City Code incorporating statutes of reference, updating references to current building and
fire code regulations and amending subsections 100.07,400.03,400.04,400.11 and 400.21
and scheduling second reading for September 25, 2007 S.R. No. 227
Council Member Rosenberg questioned if current construction projects would be
grandfathered in or if they would need to meet the same completion deadline as new projects.
Public Safety Director Scott explained that the deadline includes existing construction
projects.
Council Member Rosenberg clarified the deadline is one year from when this ordinance
becomes effective, not from the date the existing project began.
Council Member Wroge questioned what happened if the project did not get finished.
Public Safety Director Scott stated it would be considered working without a permit, the
permit would not be renewed and then proceed to the City Attorney.
M/Rosenberg, S/Sandahl to approve first readino of the ordinance relatino to incorporation
of statutes bv reference: updatino references to current buildino and fire code reoulations:
amendino subsections 100.07.400.03.400.04400.11 and 400.21 of the Richfield City Code,and
schedule a second readino for September 25,2007.
Motion carried 5-0.
5F. Consideration of approval of recommended Penn Crossings Task Force
membership S.R. No. 231
Council Member Wroge expressed concern regarding the make-up of the committee. He
suggested there be six, not three, homeowners/apartment residents because the homeowners
need to have significant input. He also suggested more than three local businesses. Also, the City
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September 11, 2007
Council should approve the committee list. And there should be five years of residency so there is
a vested interest in the community.
Mayor Goettel agreed there are many residents in the area. She also agreed there should
be more than three businesses. Businesses interested in relocating to the area should be included.
Council Member Rosenberg questioned the need for three members from the 1999
committee and that they could fit in another category. She agreed there should be more
homeowners with a vested interest.
Council Member Rosenberg questioned why Hoisington Koegler was conducting the study.
She said another group could generate fresh ideas.
Housing and Redevelopment Manager/Assistant Community Development Director Stark
explained the contractually bound agreement with Hoisington. He said interests are trying to be
balanced so the process can move forward. No one is trying to be excluded.
Council Member Sandahl stated she was not comfortable with a five-year length of
r~sidency because people who apply will have an interest resulting in a wide range of opinions.
Council Member Wroge said the Penn Avenue development affects all Richfield
homeowners.
Mayor Goettel asked the City Council about a compromise of a one-year residency.
Council Member Kilian stated this is a very difficult area to get something done so he
cautioned setting up expectations that may not be met.
MlWroge, S/Rosenberg to approve the Proposed Penn CrossinQs NeiQhborhood Advisory
Committee as follows:
Proposed Penn Crossinas Neiahborhood Advisorv Committee
(14 - 16 members)
3 to 5 Local Businesses
. Chosen from businesses alonQ Penn Avenue
1 Chamber of Commerce Representative
. Chosen by the Chamber of Commerce
1 Attainable HousinQ Committee Representative
. . Chosen by the Attainable HousinQ Committee
1 Bicycle Task Force Representative
. Chosen by the Bicycle Task Force
1 Transportation Committee Member
. Chosen by the Transportation Committee
1 PlanninQ Commission Member
. Chosen by the PlanninQ Commission
5 Homeowners and 1 Residential Tenant from the General Area with at least one
year of residency in the community: and
the City Council would provide final approval of those individuals identified to fill the various
roles within the NeiQhborhood Advisory Committee.
Motion carried 5-0.
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September 11, 2007
Item #7
PUBLIC HEARING REGARDING ISSUANCE OF NEW ON-SALE WINE AND 3.2
PERCENT MALT LIQUOR LICENSES FOR PATRICK'S BAKERY & CAFE, 2928
WEST 66TH STREET S.R. NO. 235
Council Member Kilian presented Staff Report No. 235.
Patrick and Rafieh Bernet, Patrick's Bakery & Cafe, said this is the cafe's five-year
anniversary. The cafe will have a new look and menu so they'd like to include wine and beer as
requested by customers.
Council MemberWroge asked if the owners received information regarding the City's
compliance checks for underage liquor sales.
Public Safety Director Scott stated the information was provided.
MIKilian, SlWroge to close the public hearinQ.
Motion carried 5-0.
M/Kilian, S/Rosenberg approve the issuance of a new on-sale wine and approve the
issuance of a new 3.2 percent malt liquor license for Patrick's Bakery & Cafe, 2928 West 66th
Street Richfield.
Motion carried 5-0.
Item #8
CONSIDERATION OF FIRST READING OF PROPOSED ORDINANCE
AMENDMENT TO RICHFIELD CITY CODE REGULATING OPEN BURNING,
REQUIRING PERMITS, ADDING SECTION 921 AND SCHEDULING SECOND
READING FOR SEPTEMBER 25, 2007 S.R. NO. 236
Council Member Sandahl presented Staff Report No. 236.
Karl Ermisch, 6304 Wentworth Avenue, expressed his concerns regarding expanding the
burning times from 6 -11 p.m. to 12 noon to 12 midnight and problems with the burning of debris.
He sugge~ted information on regulations be inserted in the City's utility bill.
Fire Services Director Sveum stated open burning is prohibited.
Council Member Wroge asked how the change in the timeframe occurred.
Fire Services Director Sveum explained that at a City Council Worksession, the City Council
expressed a desire to permit burning from noon to midnight.
Mayor Goettel said she and Council Member Sandahl suggested the change with the intent
of providing time for boy and girl scout groups.
Council Member Wroge said most people have recreational fires after dark but if there are
problems, the hours could be revisited.
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. September 11, 2007
Council Member Kilian stated the ordinance seems prohibitive.
Council Member Wroge asked for a clarification of what constitutes a nuisance.
Fire Services Director Sveum explained that the administrative policy in the past defined a
nuisance as visible smoke leaving the property with the fire going to the neighbor's property or there
are flying embers. If the fire is legal, it is not a nuisance.
City Attorney Thomson stated it is a judgement call. A nuisance needs to unreasonably
interfere with someone else's use and enjoyment of their property.
Council Member Rosenberg discussed that nuisances are more than smoke and flying
embers, but the odors that permeate neighborhoods. She said she'd rather not have any outside
burning.
Fire Services Director Sveum stated fireplace/wood-burning stoves are regulated by the
Pollution Control Agency guidelines not the Fire Code.
Council Member Sandahl said the ordinance provides one more tool to stop illegal burns
and the hours can be reconsidered if there are problems.
M/Sandahl, S/Wroge to approve first readinQ of the proposed ordinance reQulatinQ open
burninQ; requirinQ permits; addinQ Section 921 of the Richfield City Code, and schedulinQ a second
readinQ for September 25,2007.
Motion carried 4-1. (Rosenberg opposed.)
Item #9
CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENTS TO
CITY ADMINISTRATIVE CODE CHAPTER III SUBSECTION 310.33,
SUBDIVISION 1 DESCRIBING VACATION LEAVE ELIGIBILITY; SUBSECTION
310.43, SUBDIVISION 1 DESCRIBING RESIGNATION; AND SUBSECTION
310.51, SUBDIVISION 2 DESCRIBING CANDIDACY LEAVE OF ABSENCE S.R.
NO. 237
Mayor Goettel stated this item was tabled.
Item #10 CONSIDERATION OF LAND EXCHANGE AGREEMENT BETWEEN CITY AND
ROGER A. WAHLDICK, AS TRUSTEE OF ROGER A. WAHLDICK TRUST
(VICTORIA MANOR APARTMENTS), FOR ACQUISITION OF LAND NEEDED TO
COMPLETE 66TH STREET AND PORTLAND AVENUE INTERSECTION
PROJECT S.R. NO. 238
Council Member Rosenberg presented Staff Report No. 238.
Tom Scott, special City counsel, explained the land exchange, relocated access and site
improvements.
Mayor Goettel asked about the number of parking spaces.
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September 11, 2007
Assistant City Engineer Asher stated the parking increased from 36 to 39.
M/Goettel, S/Sandahl to authorize the Mayor and City Manaqer to execute the proposed
Land Exchanqe Aqreement between the City of Richfield and Roqer A. Wahldick, as Trustee of the
Roqer A. Wahldick Trust for acquisition of land needed to complete the intersection proiect.
Motion carried 5-0.
Item #11 CONSIDERATION OF APPROVAL OF 2007 REVISED/2008 PROPOSED
BUDGET RESOLUTIONS ADOPTING 2008 PRELIMINARY PROPERTY TAX
LEVY, SETTING TRUTH IN TAXATION HEARING DATES, AUTHORIZING
BUDGET REVISIONS, AUTHORIZING REVISION OF 2007 BUDGET OF
VARIOUS DEPARTMENTS, AND AUTHORIZING USE OF PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION POLICE AND FIRE FUND REFUND INTEREST
EARNINGS FOR POLICE AND FIRE EXPENDITURES S.R. NO. 239
Council Member Rosenberg presented Staff Report No. 239.
Finance Manager Regis discussed the proposed 8.40% preliminary tax levy, which includes
a 3.08% increase in the general fund base levy and 5.32% increase debt service levy for the bond
sales on the Richfield Parkway/66th Street roundabout intersection project and the new
maintenance facility project.
Finance Manager Regis stated the City's tax capacity rate will reflect a 5.87% increase in
2008.
Finance Manager Regis said the Truth-in- Taxation hearing dates are proposed for
December 3 at 7:00 p.m. with a continuation, if necessary to December 10 at 7:00 p.m. The
preliminary tax levy must be certified to Hennepin County by September 15. The maximum levy
should be approved tonight because it can only be reduced thereafter. The levy is certified at the
December 11 City Council meeting.
Mayor Goettel discussed a recent Regional Council of Mayors meeting where Richfield
appeared to have a higher levy. Local Government Aid (LGA) difficulties were also discussed at
this meeting. She said funds should be set aside because of the uncertainty of LGA allocations.
Mayor Goettel stated she also has concerns with the proposed 8.4% levy.
City Manager Devich explained that if the debt service levy was not included, the levy would
be 3.08%, which would I:>e lower than many cities. Richfield has not a debt service levy for several
years because no capital improvements have been made.
Council Member Wroge stated he had voiced concerns last year about a higher levy
occurring this year and that there needed to be accountability.
Council Member Wroge said he would not support a levy higher than 5% and suggested
using half the LGA reserves set aside and the other half budget cuts.
Council Member Wroge discussed his concerns regarding the inappropriateness of the HRA
voting to increase the HRA levy to the amount allowable by law even though staff did not
recommend that amount.
Council Member Kilian stated the proposed property tax levy increase is modest if only the
General Fund is considered. With the new bonds, there is going to be an increase for one year. If
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September 11, 2007
it's ignored this year, an increase will be there some other year. He said he is against using the
LGA "rainy day" fund for capital improvement projects.
Council Member Sandahl stated she believed a 3.08% General Fund increase was
reasonable. Prior City Council's have postponed a new City Hall and Maintenance Facility and now
it's time to pay for them. There will be a levy increase for one year and then it will be built into the
levy. If the levy is not passed today, the levy cannot be increased later.
Council Member Rosenberg spoke in support of the HRA levy because the Attainable
Housing Committee, of which she is a member, is constantly asking for funding to help the poorest
of the poor. She said the HRA is not a place for budget cuts. Community Development/HRA staff
work hard for those in the community with the most need.
Council Member Rosenberg said she supported reducing the LGA "rainy day" fund.
Council Member Sandahl explained the HRA increase was a $.20 per month increase. The
HRA has no excess funds and needs to provide grants and loan programs to the needy.
Council Member Wroge stated he was not talking about cutting the HRA budget but rather
how the HRA increased that levy to the maximum without knowing the impact of the tax increase.
Council Member Wroge stated a budget review, in his opinion, is not letting Department
Directors telling the City Council what their departments need.
Council Member Rosenberg asked Council Member Wroge if he voted for the budget last
year.
Council Member Wroge said yes.
Council Member Kilian stated he believed there was ample time to review the budget.
Council Member Wroge said the City Council needs to give staff direction to come before
them with a 5% tax levy increase in December.
Council Member Sandahl stated a 5% increase is not a magic number any more than 4% or
6%. Bond sales need additional funding as well as the "rainy day" LGA fund is needed. She said
she supported the preliminary tax levy.
Council Member Kilian said the City Council is asking for more things to be done, i.e. added
property maintenance inspection program, without raising funding.
Mayor Goettel stated she agreed with Council Member Wroge regarding a smoother
transition to increasing the levy. The City Council should be provided with tax levy scenarios
related to the LGA set aside and proposed revenues. She said the public would not be against
spending on City improvements, but there should be better planning.
Council Member Sandahl said no LGA is guaranteed.
City Manager Devich discussed the uncertainty of LGA, which causes the most difficult
budgeting. The levy is tried to be maintained as level as possible. More LGA than expected was
allocated this year so the reserve LGA rainy day fund can be preserved.
M/Rosenberg, S/Sandahl that the followinQ resolutions be adopted and that they be made
part of these minutes:
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September 11, 2007
RESOLUTION NO. 9984
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2008
RESOLUTION NO. 9985
RESOLUTION AUTHORIZING BUDGET REVISIONS
RESOLUTION NO. 9986
RESOLUTION AUTHORIZING REVISION OF 2007 BUDGET OF VARIOUS DEPARTMENTS
RESOLUTION NO. 9987
RESOLUTION AUTHORIZING USE OF PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
POLICE AND FIRE FUND REFUND INTEREST EARNINGS FOR CERTAIN POLICE AND FIRE
EXPENDITURES
Motion carried 5-0. These resolutions appear as Resolution No.'s 9984,9985,9986 and
9987.
CITY MANAGER'S REPORT
City Manager Devich reminded the City Council that there is a legislative hearing in Eagan on
September 19 regarding Richfield's concern of MAC representation that conflicts with a Special City
Council meeting that same evening regarding the 66th Street/Portland Avenue intersection.
The City Council agreed that they should all attend the Special City Council meeting and
requested staff represent the City at the legislative hearing and read a statement. The City Council
requested the statement be provided to them for their review prior to September 19.
litem #12 I CLAIMS AND PAYROLL
MlWroge, S/Sandahl that the followinQ claims and pavrolls be approved:
U. S. BANK 8-28-07
TOTAL
$ 1,846,050.46
$ 501,644.62
$ 2,347,695.08
AlP Checks: 161636 - 161989
PAYROLL 42317 - 42705
U. S. BANK 9-11-07
AlP Checks: 161990 - 162364
PAYROLL 42706 - 43067; 41293 - 41297
TOTAL
$ 1,667,915.99
$ 489,809.19
$ 2,157,725.18
Motion carried 5-0.
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September 11, 2007
City Attorney Thomson advised the City Council that a Closed Executive Session is needed
because absolute confidentiality is necessary regarding pending litigation with MAC.
Mayor Goettel adjourned the open meeting at 8:50 p.m.
Item #13 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE
CONFERENCE ROOM REGARDING STATUS REPORT ON PENDING
LITIGATION WITH METROPOLITAN AIRPORTS COMMISSION
The Closed Executive Session was called to order by Mayor Goettel in the Executive
Conference Room at 8:54 p.m.
Members Present:
Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Bill Kilian; and Susan
Rosenberg.
Staff Present:
Steve Devich, City Manager; Pam Dmytrenko, Assistant to City Manager;
Cheryl Krumholz, Recording Secretary; Corrine Thomson, City Attorney;
and John "Mac" LeFevre, City Attornt3Y.
The Closed Executive Session was convened pursuant to M.S. 13D.05.
The Closed Executive Session adjourned at 9:19 p.m.
Item #14 RECONVENE REGULAR CITY COUNCIL MEETING IN COUNCIL CHAMBERS
The City Council reconvened the public meeting in the Council Chambers at 9:21 p.m.
ADJOURNMENT OF REGULAR CITY COUNCIL MEETING
The City Council meeting was adjourned by unani
f!e~~
Recording Secretary
Date Approved: September 25. 2007