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07-08-08 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting July 8, 2008 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Susan Rosenberg; Fred Wroge; Sue Sandahl; and Bill Kilian. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Interim Community Development Director; Barry Fritz, Acting Public Safety Director; Brad Sveum, Fire Services Director; Jim Topitzhofer, Recreation Services Director; Melissa Poehlman, Zoning Administrator; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM Dana Nelson, 6415 Clinton Avenue, representing the Recreational Vehicle and Boat Owners Association, encouraged the City Council and staff to support and incorporate the recommendations Council Member Kilian will discuss as solutions to the parking and storage concern without taking away the rights of recreational vehicle owners on one’s own property. Lois Howard, 6305 Thomas Avenue, spoke about putting a ban or requiring permits for recreational fires. Don Priebe, 7225 Bloomington Avenue, requested clarification on the type of bonds approved by the City Council on June 24, 2008 for the proposed new City Hall. City Attorney Heine explained the City Council approved a resolution authorizing the issuance of capital improvement bonds and the 30 day petition for referendum commenced upon that approval on June 24, 2008. Gordon Anderson, 7501 Elliot Avenue, spoke to the City Council regarding Howard Bunce and Don Priebe not being mentioned in the Richfield historical book. Council Meeting Minutes -2- July 8, 2008 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/Planning Commission Worksession of June 10, 2008; (2) Regular City Council Meeting of June 10, 2008; (3) Special City Council Worksession of June 24, 2008; (4) Special City Council/HRA/Planning Commission Worksession of June 24, 2008; and (5) Regular City Council Meeting of June 24, 2008. Motion carried 5-0. COUNCIL DISCUSSION Item #1 ? HATS OFF TO HOMETOWN HITS ? COUNCIL MEMBER KILIAN’S REPORT ON MEETINGS WITH RESIDENTS REGARDING PARKING/STORAGE OF RECREATIONAL VEHICLES IN RESIDENTIAL AREAS Council Member Rosenberg acknowledged the success of the July 4 events and that she enjoyed the new parade route. Council Member Wroge requested the City Council provide staff with guidance regarding property maintenance issues, specifically an ordinance to address private in-ground and above- ground pool regulations because of safety concerns. Mayor Goettel expressed agreement and requested that staff contact other cities on how they address pools. Council Member Kilian agreed with considering a pool maintenance ordinance. City Manager Devich provided an update on the progress of Wi-Fi in Richfield. Mayor Goettel discussed Richfield being selected to participate in an Urban Land Institute pilot program to provide funding for opportunities, tools, and strategies on full-range housing. Mayor Goettel read a letter from Mayor David Ogden, Hutt City, New Zealand, regarding Richfield’s All Veterans Memorial, specifically related to Charles Lindberg. Mayor Goettel stated Larry Wozniczka questioned the June 24, 2008 meeting minutes because most of his comments were not included. City Manager Devich explained the minutes are a summary, not a verbatim, record of the meeting. Most cities’ minutes state who spoke for/against an issue, with no additional comment. Council Meeting Minutes -3- July 8, 2008 City Attorney Heine added the City Council approves the minutes and if they are not accurate, the City Council can direct the minutes to include additional comments. Council Member Sandahl encouraged people to volunteer for the Fourth of July Committee. Council Member Sandahl announced the City received federal funding through the Bike Walk Twin Cities initiative, Non-Motorized Transportation Pilot Programs Grants, for Richfield Parkway Stage Two Trail and Oliver Avenue Pedestrian/Bike Street. Council Member Kilian reviewed talking points (City Clerk File No. C-440) as a framework of ideas to address the storage/parking of recreational vehicles in residential areas. He has been working with the Recreational Vehicle and Boat Owners Association and the ideas are attempting to be amenable to all residents, and not stop people from owning recreational vehicles. Mayor Goettel suggested a compromise be reached by having Public Safety staff, a couple of RV owners, and a couple of non-RV owners meet to review what regulations would be enforceable according to law so this issue can move forward. Council Member Kilian stated more discussions will not get the issue done but rather requested the City Council consider the framework and direct staff to modify the current ordinance as determined. He asked about the public comment period to change the ordinance. City Attorney Heine stated that amending City Code Section 13.25 by first and second reading is not a zoning change so public hearings are not required by City Charter or State Statute but the City Council may allow public comment. Council Member Kilian requested the ordinance amendment process begin with questions being answered along the way. Council Member Sandahl stated she thought this was a reasonable compromise and one the RV owners appear to be comfortable. She clarified that the City Council has only studied a possible ordinance amendment and no action has been taken. Council Member Wroge stated the RV group wants a 20-year guarantee on ordinance changes and he said he would not give that on anything. He expressed concern that this ordinance is moving fast through the process and is not good government because the City Council has not been given the option to comment on the framework. Council Member Wroge clarified the City Council has never met as a City Council to discuss anything that came from the earlier open houses on recreational vehicles. He said he asked for the open houses to receive comments from the public and staff gathered that information. Council Member Sandahl stated the City Council has received a Council Memo with copies of the feedback received at the open houses. Council Member Wroge continued there would be at least two City Council meetings to consider possible ordinance amendments. Council Member Sandahl stated that, legally, the City Council can only guarantee a vote at the time they are officially seated as a Council Member. She suggested the ordinance amendment process begin. Council Member Rosenberg agreed the process should begin. Council Meeting Minutes -4- July 8, 2008 M/Rosenberg, S/Sandahl to direct staff to prepare an ordinance amendment regarding parking/storage of recreational vehicles in residential areas using the talking points described by Council Member Kilian and that Public Safety staff work with the RV owner representatives and the non-RV owner representatives. City Manager Devich stated the City Attorney will also need to be involved to prepare the ordinance and have the City Council consider it at the July 22, 2008 City Council Meeting. He questioned what methodology should be used to select who participates from the RV group and non-RV group. Council Member Sandahl made a friendly amendment to the motion to accept public comment at first and second reading of the ordinance amendment. Council Member Rosenberg accepted the friendly amendment to the motion. Council Member Sandahl requested the first draft of the ordinance amendment be available to the City Council and public as soon as it is ready. Friendly amendment carried 5-0. Original motion carried 5-0. Council Member Wroge requested the in-ground and above-ground pool ordinance amendment also be prepared for City Council consideration on July 22, 2008. Item #2 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Item #7 and added Item #4B regarding funding for the new City Hall. M/Sandahl, S/Rosenberg to approve the agenda as amended. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Consideration of approval of purchase of equipment and controls for Augsburg Park Lift Station from Total Control System, Inc. in amount of $29,839 S.R. No. 160 B. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of assessment roll for 2007 removal of diseased trees from private property and setting public hearing for August 12, 2008 S.R. No. 161 Council Meeting Minutes -5- July 8, 2008 RESOLUTION NO. 10116 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, 2007 TO DECEMBER 31, 2007 This resolution appears as Resolution No. 10116. C. Consideration of approval of resolutions declaring costs to be assessed and ordering preparation of assessment roll for 2007 Lyndale/HUB/Nicollet maintenance, and proposing similar assessment process for 2009 and setting public hearing for August 12, 2008 S.R. No. 162 RESOLUTION NO. 10117 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2007 THROUGH DECEMBER 31, 2007 This resolution appears as Resolution No. 10117. RESOLUTION NO. 10118 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 This resolution appears as Resolution No. 10118. D. Consideration of approval of resolutions declaring costs to be assessed and ordering preparation of assessment roll for 2007 77th Street maintenance district, and proposing similar assessment process for 2009 and setting public hearing for August 12, 2008 S.R. No. 163 RESOLUTION NO. 10119 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2007 THROUGH DECEMBER 31, 2007 This resolution appears as Resolution No. 10119. RESOLUTION NO. 10120 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 This resolution appears as Resolution No. 10120. Council Meeting Minutes -6- July 8, 2008 E. Consideration of approval of scheduling public hearing on August 12, 2008 regarding issuance of new on-sale intoxicating and Sunday liquor licenses with optional 2 a.m. closing for Don Pablo’s Operating, LLC d/b/a Don Pablo’s, 980 West 78th Street S.R. No. 164 M/Sandahl, S/Kilian to approve the Consent Calendar. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #4B – DISCUSSION REGARDING CITY HALL FUNDING Mayor Goettel stated Council Member Wroge requested this item be added to the agenda. Council Member Wroge stated he believed the City Council should provide guidance to staff regarding using the Police and Fire Pension Fund for building the proposed new City Hall. CHAT II discussions have included using the funds. He said the new building is important to the City and funds should be used. Council Member Wroge added that it would be a good gesture of the HRA to donate the house they own needed for the project back to the residents for $1.00. Mayor Goettel spoke in support of using the pension funds as being financially responsible because of economic conditions in the community and the poor working conditions in the current building. She agreed it would be nice of the HRA to donate the house back to the City. City Manager Devich explained the City Council approved bonding at the maximum amount. Other funds could be used to buy down the bond. The first funds used to begin the process are the $1 million in reserve specifically designated for this use. Council Member Kilian stated he would consider using the pension funds but is not comfortable making a decision because other funding options from the State are not yet known. City Manager Devich stated the capital could be preserved and the interest could be used to buy down the levy. If those funds are not available, there will be a financial gap in the General Fund. Council Member Kilian stated he is not sure of the HRA donating the house to the City since those funds are used for housing programs. City Manager Devich discussed levy limit options. The State does not provide the local government aid (LGA) allocation amount to the City until August 15, 2008. The estimate from the League of Minnesota Cities is used for the first draft of the budget. Council Member Sandahl stated she is open to considering applying some or the entire pension fund to the City Hall project but was not prepared tonight to make that decision because the budget and LGA allocations need to be reviewed. Mayor Goettel stated an option may be phasing in the use of the pension fund. Council Meeting Minutes -7- July 8, 2008 Council Member Wroge stated he believed it was a good gesture to use the pension fund because the total amount of the bond matters, not where the funds came from. The City is not exempt from employee lay-offs to fill the General Fund gap if the pension is used. Council Member Rosenberg said she was not ready to make a decision on using the pension fund. The HRA does a considerable amount of programs for the City, especially in attainable housing programs so she said she would not support giving up the funds by donating the house back to the City. Council Member Kilian stated it appears all the City Council agree to being open to using the pension fund in a fiscally responsible way. City Manager Devich stated the budget will reflect implications of using the pension fund to finance the new City Hall. Item #5 CONSIDERATION OF RESOLUTION EXPRESSING CITY’S INTENT TO CLOSE ACCESS TO LYNDALE AVENUE FOR RICHFIELD INN PARCEL, 7746 LYNDALE AVENUE, WHEN REDEVELOPMENT OF LYNDALE AVENUE BRIDGE OVER I- 494 OCCURS S.R. NO. 165 Council Member Wroge presented Staff Report No. 165. M/Wroge, S/Goettel that the following resolution be adopted and be made part of these minutes: RESOLUTION NO. 10115 RESOLUTION EXPRESSING THE CITY'S INTENT REGARDING ACCESS TO LYNDALE AVENUE Motion carried 5-0. This resolution appears as Resolution No. 10115. Item #6 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING RICHFIELD CITY CODE SECTIONS 549.09, 549.25(B) AND 549.25(C) AND REPEALING SUBSECTION 549.25(F) RELATED TO FUNCTIONALITY AND PLACEMENT OF DYNAMIC SIGNS S.R. NO. 166 Council Member Sandahl presented Staff Report No. 166. Council Member Sandahl stated that if the current three dynamic signs are grandfathered in, she was aware of one church that waited on installing a sign. The original focus on discussing this issue was billboards. She asked about distinguishing between billboard versus informational signs. Studies indicate there is a safety issue with dynamic signs. Zoning Administrator Poehlman explained detailed research does not distinguish that issue, only the time between changing messages. Any change of two seconds or more is considered a distraction, with most studies conducted on freeways. Council Meeting Minutes -8- July 8, 2008 Mayor Goettel asked about traffic incidents where the current three signs are located. Acting Public Safety Director Fritz responded that he has no personal knowledge of an increase in traffic accidents attributable to these signs. Council Member Sandahl stated that she agreed with all the proposed staff recommendations except the frequency of changing the message. Council Member Wroge stated he supported the two minute message change as a safety issue until an outcome is determined. Council Member Kilian agreed with two minutes because it is basically advertising and if multiple signs are in a row on a block, having them all changing could be a problem. Zoning Administrator Poehlman clarified that one dynamic sign is permitted per parcel, not per business. Mayor Goettel stated the concerns are reasonable but studies may not represent Richfield and it may appear what was previously approved by the City Council is being changed. Zoning Administrator Poehlman explained the varying stop light timing at the intersections where the current dynamic signs are located. Research indicates there is more potential danger at intersections with a dynamic sign. Council Member Sandahl suggested a one minute frequency change. M/Sandahl, S/Goettel to approve the first reading of an ordinance amending Richfield City Code Sections 549.09, 549.25(b), and 549.25(c) and repealing Subsection 549.25(f) related to functionality and placement of dynamic signs, including changing the message time limit to no more frequent than once every one minute. Motion carried 3-2. (Kilian and Wroge opposed) CONSIDERATION OF DENYING REQUEST FOR SUBDIVISION WAIVER TO Item #7 ALLOW LOT AT 7300 UPTON AVENUE BE SPLIT INTO TWO SINGLE FAMILY RESIDENTIAL LOTS S.R. NO. 167 This item was removed from the agenda. Item #8 CONSIDERATION OF CONDITIONAL APPROVAL OF THE CITY’S 2008-2018 COMPREHENSIVE PLAN CONTINGENT UPON REVIEW BY ADJACENT JURISDICTIONS AND THE METROPOLITAN COUNCIL; AND AUTHORIZE THE DISTRIBUTION OF THE CITY’S 2008-2018 COMPREHENSIVE PLAN AND THE PENN AVENUE LAND USE PLAN S.R. NO. 168 Council Member Kilian presented Staff Report No. 168. Council Meeting Minutes -9- July 8, 2008 Mark Koegler, Hoisington Koegler Group, Inc., provided an update on changes to the plan since it was last discussed. The City’s long-term plans are reinforced including housing efforts. He explained the review process. Council Member Kilian stated the action tonight is to authorize the Comprehensive Plan release for review. Mayor Goettel stated her comments were not included and requested changes be made to the Introductory Section. Council Member Sandahl said the plan is a summary of the last ten years and reflects many changes made in the City. Council Member Sandahl requested updated bicycle maps be included. Council Member Rosenberg stated the plan is a testament to the community. M/Kilian, S/Rosenberg to conditionally approve the City’s 2008-2018 Comprehensive Plan contingent upon review by adjacent jurisdictions and the Metropolitan Council; and authorize the distribution of the City’s 2008-2018 Comprehensive Plan and the Penn Avenue Land Use Plan. Motion carried 5-0. Item #9 CITY MANAGER REPORT ? JULY 14 SPECIAL CITY COUNCIL/RICHFIELD SCHOOL BOARD MEETING City Manager Devich requested the City Council provide the agenda items for the July 14 Special City Council/Richfield School Board Meeting. City Manager Devich announced Public Safety Director Dan Scott will retire from the City at the end of July. Item #10 CLAIMS AND PAYROLL M/Rosenberg, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 07-08-08 A/P Checks: 169594 – 169932 $ 2,694,215.34 PAYROLL 49831 – 50230, 41360 - 41368 $ 550,082.29 TOTAL $ 3,244,297.63 Motion carried 5-0. Council Meeting Minutes -10- OPEN FORUM None. The City Council meeting was adjourned by unan Date Approved: July 22, 2008 i Cheryl Krumhol Recording Secretary ~.t~n L. Devich City Manager July 8, 2008 consent at 9:04 p.m.