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10-12-10 RegularCITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting October 12, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Tom Fitzhenry; and Pat Elliott. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation Services Director; John Stark, Community Development Director; Brad Sveum, Fire Services Director; William Fillmore, Municipal Liquor Operations Director; Chris Regis, Finance Manager; Mary Tietjen, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Wroge to approve the minutes of the Regular City Council Meeting of September 28 2010 and (2) Special City Council Worksession of October 4, 2010. Motion carried 5-0. Item #1 PRESENTATION BY RICHFIELD FIRE SERVICES DEPARTMENT OF CITIZEN LIFE SAVER AWARDS AND FIREFIGHTER CREW MERITORIOUS AWARD The Richfield C-Shift Firefighters that received Meritorious Service Pins were: Council Meeting Minutes -2- Capt. Dana George Lt. Dale Perrault FF Steve Paszkiewicz FF Allen Murphy FF Mark Watczak FF Sherri Kaczmarczyk The Citizen "Life Saver Award" recipients were: Don Machacek Jim Thomas Steve Agliano Jason Weismann October 12, 2010 Item #2 ANNUAL MEETING WITH FRIENDSHIP CITY COMMISSION Roger Swanson, Friendship City Commission Chair, reported on the commission's accomplishments and activities. Item #3 ANNUAL MEETING WITH PLANNING COMMISSION Rick Jabs, Planning Commission Chair, reported on the commission's accomplishments and activities. Item #4 PRESENTATION OF WATER FLUORIDATION QUALITY AWARD TO ROBERT HINTGEN, CITY OF RICHFIELD UTILITIES SUPERINTENDENT Mayor Goettel presented the Water Fluoridation Quality Award to Robert Hintgen, City of Richfield Utilities Superintendent. Item #5 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Elliot acknowledged the positive comments he received during a casual conversation with the League of MN Cities legal representatives regarding City staff. House. Council Member Sandahl announced the October 20, 2010 Bicycle Task Force Open Council Member Sandahl requested the City Council and Housing and Redevelopment Authority be provided an update regarding the legal changes on variances. Council Member Fitzhenry acknowledged Richfield residents for cleaning up the leaves in their yard. Public Works Director Eastling provided an update regarding the 75t" Street/Penn Avenue construction project. City Manager Devich discussed the MAC's proposed billboard installation along Cedar Avenue. Bruce Rineer, MAC representative, explained there is a MAC policy and permit process. He will bring Richfield's concerns back to MAC. Council Meeting Minutes -3- October 12, 2010 The City Council requested City staff send MAC the dynamic sign/vehicle accident data study they had recently discussed. Item #6 COUNCIL APPROVAL OF AGENDA Mayor Goettel moved Consent Calendar from Item 7A to Item 8 for separate consideration. M/Wroge, S/Fitzhenry to approve the agenda, as amended. Motion carried 5-0. Item #7 CONSENT CALENDAR A. Moved to Item 8. B. Consideration of approval of resolution authorizing agreement between Minnesota Department of Public Safety and City of Richfield, Public Safety Department, pertaining to Safe and Sober Enforcement Program S.R. No. 184 RESOLUTION NO. 10428 RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RICHFIELD/POLICE AND THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO APPROVE GRANT FUNDS TO BE SHARED BY RICHFIELD POLICE, EDINA POLICE AND THE AIRPORT POLICE DEPARTMENT AS PART OF THE SAFE & SOBER COMMUNITITES PROGRAM This resolution appears as Resolution No. 10428 C. Consideration of approval of reappointing Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) as City's auditor for financial reporting fiscal years 2010-2012 S.R. No. 185 D. Consideration of approval of closing Community Center Contribution Fund and transferring assets to Recreation Contribution Fund S.R. No. 186 M/Wroge, S/Fitzhenry to approve the Consent Calendar, as amended. Motion carried 5-0. Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR A. Consideration of approval of resolution amending Appendix D of Richfield City Code related to fees for housing inspection and rental licensing S.R. No. 183 Council Member Wroge presented Staff Report No. 183. He said due to feedback he received from realtors, he requested the point of sale re-inspection schedule be extended from 1 year to 2 years for homes that have been on the market but have not sold. Community Development Director Stark explained the reasons for the re-inspection and fee, including seasonal issues, follow up compliance checks and staff time. The City Council consensus was to review the options related to the point-of-sale re- inspection process in the future. M/Wroge, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION N0.10427 Council Meeting Minutes -4- October 12, 2010 RESOLUTION ESTABLISHING 2011 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 10290 Motion carried 5-0. This resolution appears as Resolution No. 10427. Item #9 PUBLIC HEARING REGARDING RESOLUTION ADOPTING ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY. STAFF REPORT NO. 187 Council Member Wroge presented Staff Report No. 187. Mike Salvatore, tenant and future owner of 7300 Upton Avenue, objected to the assessment because he said he was never notified, over charged and unfair. Russ Rooney, Rogers, MN, and owner of 7300 Upton Avenue, encouraged the City Council to review the notification process to consider sending another invoice or making another telephone call on an assessment. Godfrey Edaferierhi, 6711 14th Avenue, objected to the assessment because the problem had been handled. M/Wroge, S/Sandahl to close the public hearing. Motion carried 5-0. City Attorney Teitjen explained the City is required to notify the legal owner of the property. Community Development Director Stark stated the property maintenance notification of non- compliance has been streamlined as requested by the City Council. M/Wroge, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION N0.10429 RESOLUTION ADOPTING ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY Motion carried 5-0. This resolution appears as Resolution No. 10429. City Attorney Tietjen explained the appeal process. Item #10 PUBLIC HEARING REGARDING RESOLUTION ADOPTING ASSESSMENT FOR UNPAID FALSE ALARM USER FEES AGAINST PRIVATE PROPERTY. STAFF REPORT NO. 188 Council Member Fitzhenry presented Staff Report No. 188. M/Wroge, S/Sandahl to close the public hearing. Motion carried 5-0. M/Fitzhenry, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: Council Meeting Minutes -5- October 12, 2010 RESOLUTION NO. 10430 RESOLUTION ADOPTING ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY Motion carried 5-0. This resolution appears as Resolution No. 10430. Item #11 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING RICHFIELD CITY CODE APPENDIX D INCREASING APPLICATION FEE FOR VARIANCES AND VARIANCE APPEALS AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE. STAFF REPORT NO. 189 Council Member Sandahl presented Staff Report No. 189. M/Wroge, S/Sandahl to close the public hearing. Motion carried 5-0. M/Sandahl, S/Goettel that this constitute second reading of ing Richfield City Code Appendix D increasing application fe s. and that it be published in the official newspaper and_be n RESOLUTION N0.10431 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2010-21 Motion carried 5-0. This resolution appears as Resolution No. 10431. Item #12 CONSIDERATION OF APPOINTMENTS TO FILL VACANT TERMS ON CITY'S ADVISORY COMMISSIONS. STAFF REPORT NO. 189 Mayor Goettel presented Staff Report No. 189 on the City's Advisory Commissions. M/Goettel, S/Elliott to appoint Molly Larson as ssion with a term exairation of August 31.201 Motion carried 5-0. Item #13 CITY MANAGER'S REPORT • Council direction for winter maintenance of multi-use path (Council Memo No. 156) Public Works Director Eastling discussed the winter maintenance of the blacktop path adjacent to 75t" Street, Humboldt Avenue and Diagonal Boulevard. The path along 75t Street and Humboldt Avenue will become the property of the Three Rivers Park District upon the completion of the project and execution of anon-exclusive, permanent easement across the right-of-way. Three Rivers Park District paths are not plowed by District staff in the winter. City staff is proposing to plow the new paths starting this winter at the same priority as other neighborhood sidewalks, that is, after sidewalks on arterial and collector streets are plowed. The additional plowing would add less than 2 hours of labor and equipment for each snow event. The City Council consensus was to plow the path for 1 year and notify neighbors along the path and invite their feedback. Council Meeting Minutes -6- October 12, 2010 Item #14 CLAIMS AND PAYROLLS M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 10/12/2010 A/P Checks: 198042-198420 31013-31015 $ 969,660.27 PAYROLL 69628-70261, 41559 $ 538,369.92 TOTAL Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by ~ Date Approved: October 26, 2010 Cheryl Kfumholz Recording Secretary $ 1,508,030.19 City Manager