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09-08-15 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Meeting _Urban Hometown Regular g Th September 8, 2015 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers. Council Members Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; Tom Fitzhenry; and Present: Michael Howard Staff Present: Steven L. Devich, City Manager; Jay Henthorne, Public Safety Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City Manager; Mary Tietjen, City Attorney; and Elizabeth VanHoose, City Clerk. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Goettel; S/Howard to approve the minutes of the (1) Special City Council Worksession of August 11, 2015; (2) Special Concurrent City Council, HRA and Planning Commission Worksession of August 11, 2015; (3) Regular City Council Meeting of August 11, 2015; and (4) Special City Council Meeting of August 24, 2015. Motion carried 5-0. Item #1 COUNCIL DISCUSSION • Hats Off to Hometown Hits Council Member Elliott reminded staff of upcoming PennFest and asked people to volunteer for the event on September 20, 2015. Council Member Garcia urged residents to keep up their yards and if you have issues with your neighborhood to let the City know. Council Meeting Minutes -2- September 8,2015 Council Member Howard referred to the great study session with the Human Rights Commission and encouraged citizens to be involved on commissions. Council Member Fitzhenry stated there was an awesome news story about the Richfield Fire Department. He commended City staff and stated that Richfield does it right. Mayor Goettel reminded citizens that kids are back in school and to be watchful of kids. She stated she was impressed with the City Facebook page on having current information about the new water tower and happy it will display the new City logo. Item #2 COUNCIL APPROVAL OF AGENDA M/Howard, S/Fitzhenry to approve the agenda. Motion carried 5-0. Item #3 COUNCIL APPROVAL OF AGENDA A. Consideration of the approval of the second reading of an ordinance amending the City's Zoning Code and a resolution approving summary publication of said ordinance. The proposed ordinance would clarify regulations related to accessory dwelling units. Staff Report No. 126 BILL NO. 2015-9 AN ORDINANCE AMENDING THE RICHFIELD CITY CODE TO CLARIFY REGULATIONS RELATED TO ACCESSORY DWELLING UNITS This constitutes the second reading of Bill No. 2015-9, amending the City's Zoning Code to clarify regulations related to accessory dwelling units, that it be published in the official newspaper, and that it be made part of these minutes. RESOLUTION NO. 11101 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING ACCESSORY DWELLING UNIT REGULATIONS This resolution appears as Resolution No. 11101. B. Consideration of a the approval of a resolution authorizing the City of Richfield to enter into a Local Road Improvement Program General Fund Predesign or Design Grant Agreement with the Minnesota Department of Transportation for$2,146,842 to be used for the design of the 77th Street Extension and Crossing of Trunk Highway 77. Staff Report No. 127 RESOLUTION NO. 11102 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GENERAL FUND PREDESIGN OR DESIGN GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR $2,146,842 TO BE USED FOR THE DESIGN OF THE 77TH STREET EXTENSION AND CROSSING OF TRUNK HIGHWAY 77 This resolution appears as Resolution No. 11102. Council Meeting Minutes -3- September 8,2015 C. Consideration of the approval of the resolution declaring costs to be assessed for removal of diseased trees from private property for work ordered in 2014 and scheduling a public hearing for October 13, 2015. Staff Report No. 128 RESOLUTION NO. 11103 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, 2014 TO DECEMBER 31, 2014 This resolution appears as Resolution No. 11103. D. Consideration of the approval of the resolutions pertaining to the annual 77th Street maintenance district assessment process and scheduling a public hearing for October 13, 2015. Staff Report No. 129 RESOLUTION NO. 11104 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 This resolution appears as Resolution No. 11104. RESOLUTION NO. 11105 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2016 THROUGH DECEMBER 31, 2016 This resolution appears as Resolution No. 11105. E. Consideration of the approval of the resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance assessment process and scheduling a public hearing for October 13, 2015. Staff Report No. 130 RESOLUTION NO. 11106 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 This resolution appears as Resolution No. 11106. RESOLUTION NO. 11107 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, 2016 THROUGH DECEMBER 31, 2016 This resolution appears as Resolution No. 11107. Council Meeting Minutes -4- September 8,2015 F. Consideration of the approval of the first reading of an update to ordinances 428 and 429 related to construction site runoff control and post-construction stormwater management and schedule second reading for September 22, 2015. Staff Report No. 131 G. Consideration of the approval of the following relating to the 66th Street Storm Water Project: 1. Adopt the resolution authorizing City staff to incur cost for construction. 2. Approve the hiring WSB &Associates, Inc. to perform Engineering Services for the 66th Street Storm Water Project for a fee not to exceed $197,843.00. Staff Report No. 132 RESOLUTION NO. 11108 • RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WITH RESPECT TO MONROE PARK STORMWATER PROJECT This resolution appears as Resolution No. 11108. H. Consideration of the approval of a resolution authorizing the refunding of the $6,080,000 G.O. Water& Sewer Revenue Bonds, Series 2006A, dated May 18, 2006 and the $2,500,000 G.O. Storm Sewer Bonds, Series 2006B, dated December 21, 2006 with the $5,695,000 G.O. Refunding Bonds, Series 2015B. Staff Report No. 133 RESOLUTION NO. 11109 RESOLUTION PROVIDING FOR THE SALE OF $5,695,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B This resolution appears as Resolution No. 11109. I. Consideration of the approval of a resolution declaring costs to be assessed for unpaid false alarm user fees against private property. Staff Report No. 134 RESOLUTION NO. 11110 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PROVATE PROPERTY This resolution appears as Resolution No. 11110. J. Consideration of the approval of a resolution declaring costs to be assessed for current services performed for weed elimination from private property and removal or elimination of public health or safety hazards from private property. Staff Report No. 135 RESOLUTION NO. 11111 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WEED ELIMINATION FROM PROVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY This resolution appears as Resolution No. 11111. K. Consideration of the approval of a request for the temporary expansion of the licensed premises for Davanni's, located at 6345 Penn Avenue South, to allow for the outside Council Meeting Minutes -5- September 8,2015 service of strong beer on Sunday, September 20, 2015, in conjunction with Richfield's Open Streets at Penn Fest event. Staff Report No. 136 L. Consideration of the approval of a resolution appointing Laural Kenney Mamula to the Richfield Tourism Promotion Board to the remainder of a three-year term ending December 31, 2015 or until a successor has been chosen, whichever is later. Staff Report No. 137 RESOLUTION NO. 11112 RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. This resolution appears as Resolution No. 11112. M. Consideration of the approval of the first reading of an ordinance that amends the City's tobacco ordinance and schedule a second reading of the ordinance for September 22, 2015. Staff Report No. 138 N. Consideration of the approval of a resolution regarding the support of an application for a Temporary Classification of Body Worn Camera Data from the Commissioner of Administration. Staff Report No. 139 RESOLUTION NO. 11113 RESOLUTION AUTHORIZING RESOLUTION IN SUPPORT OF THE APPLICATION FOR A TEMPORARY CLASSIFICATION OF BODY WORN CAMERA DATA This resolution appears as Resolution No. 11113. Council Member Fitzhenry stated the individual that wanted to speak about tobacco would have an opportunity during the second reading on September 22. M/Goettel, S/Fitzhenry to approve the Consent Calendar. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #5 PUBLIC HEARING AND CONSIDERATION OF A SECOND READING OF AN ORDINANCE ESTABLISHING A ONE-YEAR MORATORIUM ON THE CONSIDERATION OF WIRELESS TELECOMMUNICATION FACILITIES AND ANTENNAS IN CITY, COUNTY, AND STATE RIGHT-OF-WAYS THROUGHOUT THE CITY AND CONSIDERATION OF A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF SAID ORDINANCE. STAFF REPORT NO. 140 Council Member Fitzhenry presented Staff Report No. 140. Community Development Director Stark stated that the moratorium was a great opportunity to investigate in greater depth. M/Elliott, S/Fitzhenry to close the public hearing. Motion carried 5-0. Council Meeting Minutes -6- September 8,2015 M/Fitzhenry, S/Goettel that this constitutes the second reading of Bill No. 2015-10, Transitory Ordinance 18.99 establishing a one-year moratorium on the consideration of wireless telecommunication facilities and antennas in City, County, and State right-of-ways throughout the City, that it be published in the official newspaper, and that it be made part of these minutes, and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11114 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE ESTABLISHING A ONE-YEAR MORATORIUM RELATED TO WIRELESS TELECOMMUNICATION FACILITIES AND ANTENNAS IN THE CITY, COUNTY AND STATE RIGHT-OF-WAYS Motion carried 5-0. This resolution appears as Resolution No. 11114. Item #6 CONSIDERATION TO REJECT ALL BIDS SUBMITTED FOR THE CONSTRUCTION OF THE RICHFIELD COMMUNITY BAND SHELL. STAFF REPORT NO. 141 Council Member Garcia presented Staff Report No. 141. M/Garcia, S/Goettel to reject all bids submitted for the construction of the Richfield Community Band Shell. Motion carried 5-0. Item #7 CONSIDERATION OF THE ACKNOWLEDGEMENT OF A TRANSFORMATION HOME LOAN APPLICATION SUBMITTED BY MAYOR GOETTEL. STAFF REPORT NO. 142 Council Member Elliott presented Staff Report No. 142. Council Member Elliott stated his approval of the application since it lets the citizens know about the programs that are available. M/Elliott, S/Fitzhenry to approve of the acknowledgement of a Transformation Home Loan Application submitted by Mayor Goettel. Motion carried 4-0. (Mayor Goettel recused herself) Item #8 CONSIDERATION OF THE 2015 REVISED/2016 PROPOSED BUDGET RESOLUTIONS ADOPTING THE 2016 PRELIMINARY PROPERTY TAX LEVY, SETTING TRUTH IN TAXATION HEARING DATE, AUTHORIZING BUDGET REVISIONS, AND AUTHORIZING REVISION OF 2015 BUDGET OF VARIOUS DEPARTMENTS. STAFF REPORT NO. 143 Mayor Goettel presented Staff Report No. 143. City Manager Devich gave a brief presentation highlighting the most significant aspects of the revenues and expenditures of the 2016 proposed budget and tax levy. Mayor Goettel thanked staff for their hard work and strategic planning and preparing of this budget and tax levy. Council Meeting Minutes -7- September 8,2015 Council Member Howard reminded citizens of important dates going forward for the 2016 tax levy process. M/Goettel, S/Fitzhenry that the following resolutions be adopted and that it be made part of these minutes: RESOLUTION NO. 11115 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2016 This resolution appears as Resolution No. 11115. RESOLUTION NO. 11116 RESOLUTION AUTHORIZING BUDGET REVISIONS This resolution appears as Resolution No. 11116. RESOLUTION NO. 11117 RESOLUTION AUTHORIZING REVISION OF 2015 BUDGET OF VARIOUS DEPARTMENTS This resolution appears as Resolution No. 11117. Motion carried 5-0. Item #9 CITY MANAGER'S REPORT None. Item #10 CLAIMS AND PAYROLLS M/Fitzhenry, S/Elliott that the following claims and payrolls be approved: U.S. Bank 08/25/15 NP Checks: 243148-243577 $ 1,588,249.59 Payroll: 112430-112798, 42436-42438 $ 589.291.43 TOTAL $ 2,177,541.02 U.S. Bank 09/08/15 NP Checks: 243578-243890 $ 970,491.58 Payroll: 112799-113168, 42439 $ 639,677.22 TOTAL $ 1,610,168.80 Motion carried 5-0. OPEN FORUM Open Forum occurred before Item #8 due to a slight delay with the budget presentation. Council Meeting Minutes -8- September 8,2015 Steven Houle, 6400—3rd Avenue, spoke regarding speed of traffic on 64th Street between Portland and Nicollet Avenues. City Manager Devich indicated that police would begin extra patrol on that street the next day. ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 7:54 p.m. Date Approved: September 8, 2015 ) ia Alle / effi -.. a oettel j Art . Elizab anH e n L. Devic- City Clerk City anager