03-14-06 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 14, 2006
The meeting was called to order by Mayor Pro Tempore Rosenberg at 6:30 p.m.
Members Present:
Susan Rosenberg, Mayor Pro Tempore; Sue Sandahl; Fred Wroge; and
Bill Kilian.
Members
Not Present:
Martin Kirsch, Mayor.
Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce
Palmborg, Community Development Director; Dan Scott, Public Safety
Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson,
City Attorney.
M/Sandahl, S/Kilian to excuse the absence of Mayor Kirsch from the March 14.2006
Special City Council Worksession and Reaular City Council Meetina.
Staff Present:
Motion carried 4-0.
No one was registered to speak.
Mayor Pro Tempore Rosenberg led the audience in the Pledge of Allegiance.
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March 14,2006
M/Kilian, SlWroge to a rove the minutes of 1 S ecial Cit Council Worksession of
Februarv 13. 2006: (2) Reaular Citv Council Meetina of Februarv 14. 2006: ( ) Special Concurrent
City CouncillHRAlPlannina Commission Worksession of Februarv 21.2006: (4) Special City
Council Worksession of Februarv 28. 2006: and (5) Reaular City Council Meetina of Februarv 28.
2006.
Motion carried 4-0.
Item #1
Mayor Pro Tempore Rosenberg presented a proclamation designating March 18, 2006 as
Human Rights Day in the City of Richfield to Human Rights Commission Chair Mark Olson.
Human Rights Commission Chair Olson explained the annual Gene and Mary Jacobsen
Outstanding Citizen Award nominations are underway and accepted until April 22.
John Ekholm, Richfest Chair, discussed Richfest activities to honor diversity planned for
March 18 at Richfield Intermediate School.
Chair Olson discussed Richfield Community Dialogue event sponsored by the Greater Twin
Cities United Way's Cultural Dynamics and the Richfield Community Council on April 6.
Mayor Pro Tempore Rosenberg thanked Mr. Olson and Mr. Ekholm for their good leadership
on the Human Rights Commission.
Item #2
Richfield American Legion Commander Gene Rasmussen and Former Commander Merv
Becker presented to Public Safety Director Dan Scott a $1,600 donation for the Public Safety
Department Police Canine Unit.
Public Safety Director Scott stated the dog handlers and dogs are currently in a twelve-week
training school and graduate in May. A swearing-in of the dogs is planned for a City Council
meeting in June.
The City Council thanked the Richfield American Legion for their donation.
Item #3
Council Member Sandahl reported on the City's March 13 snow plowing efforts.
Public Works Director Eastling explained the snow bird citations and impounds related to the
snowstorm. He added that the City is divided into ten zones and the snowplow drivers rotate which
end of the zone to start.
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March 14, 2006
City Manager Devich added that the Hennepin County fuel depot in Bloomington was down
due to no electricity so fueling of City plows was done by regular gas stations.
Council Member Wroge asked about Public Works staff issuing citations.
Public Works Director Eastling said staff did issue tags.
Council Member Sandahl discussed the 35W Solutions Alliance brochure, "Revive 35W,
Coming Together, Moving Better, It's time to restore the primary artery.""
Mayor Pro Tempore Rosenberg asked about the Crosstown Commons reconstruction
project.
Public Works Director Eastling explained that work can start as early as July but expressed
caution on setting a timeline because the contractor can adjust the schedule and staging plan.
Mayor Pro Tempore Rosenberg urged people to submit nominations for the Outstanding
Citizen award mentioned earlier.
Item #4
M/Wroge, S/Sandahl to approve the aaenda.
Motion carried 4-0.
Item #5
A. Approved resolution authorizing use of additional Community Development Block Grant
funding for 2006 annual allocation S.R. No. 51
RESOLUTION NO. 9739
RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2006 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE
OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD
PARTY AGREEMENTS
This resolution appears as Resolution No. 9739 in Resolution Book No. 75.
B. Approved resolution authorizing Public Safety Department to accept $1,600 donation from
Richfield American Legion S.R. No. 52
RESOLUTION NO. 9740
RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION
OF $1,000 FROM THE RICHFIELD AMERICAN LEGION
This resolution appears as Resolution No. 9740 in Resolution Book No. 75.
C. Approved receiving Richfield's Wellhead Protection Plan Part 1 and schedule public
information meeting for 5 p.m. on April 6, 2006 S.R. No. 53
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March 14,2006
D. Approved auction service contract renewal for 2006/2007 with Auction Broadcasting
Company of Minneapolis for auctioning forfeited vehicles from Public Safety/Police
S.R. No. 54
M/Sandahl, S/Kilian to approve the Consent Calendar.
Motion carried 4-0.
Item #6
None.
Item #7
City Manager Devich presented Staff Report No. 55 regarding a second reading of an
ordinance amendment to Richfield City Code Appendix D establishing fee for site plan review in
districts where required by ordinance and resolution authorizing summary publication of the
. ordinance amendment.
Community Development Director Palmborg reviewed the zoning land uses and related
changes.
M/Rosenberg, S/Sandahl that this constitutes the second readino of Bill No. 2006-2
amendino the Richfield City Code Appendix D to establish a fee for site plan review in districts
where it is required bv ordinance, that it be published in the official newspaper and that it be made
part of these minutes.
Motion carried 4-0.
M/Rosenberg, S/Sandahl that the followino resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9741
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2006-2
Motion carried 4-0. This resolution appears as Resolution No. 9741 in Resolution Book No.
75.
Item #8
City Manager Devich discussed the posting of various Special City Council meetings in March
and April.
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March 14, 2006
City Attorney Thomson explained the Minnesota open meeting law requirements. Every
meeting, with a few special exceptions of the City Council and advisory commissions, must be open
to the public. The Statute does not define a meeting but the courts, in general, define a meeting as
when a quorum or more is present to receive information or discuss issues or need to make decisions
at a future date. If a commission meeting is noticed and the City Council attends but does not
participate, no separate City Council meeting notice is required. However, if the City Council wishes
to participate or does participate, there must be a Special City Council meeting notice.
City Attorney Thomson continued that social gatherings and chance meetings do not require a
special meeting notice; but if discussions between three or more Council members occur, it is an
open meeting law violation. The City Council should not sit together or talk together. If a quorum is
anticipated to be present and the event involves discussion on an issue that may come before the
City Council later, City staff should be notified and requested to post a Special City Council meeting
notice. Once a meeting notice has been posted and there is no quorum, no meeting can be
conducted.
Council Member Wroge expressed concern that the upcoming meeting with the Mexican
Consulate which the City Council is invited to attend has not been posted as a Special City Council
meeting since dialogue is encouraged. Posting a "possible quorum" meeting notice would cover the
open meeting law requirement. He also expressed concern regarding taking attendance at special
meetings.
City Attorney Thomson stated the guidelines regarding City Council attendance could be
modified to better fit the City Council intentions for some meetings.
Council Member Kilian questioned how a meeting could be open to the public when there is a
fee to attend, Le. a conference. If a meeting is not City-sponsored, the City has no control over the
access. The City Council will need to remember not to sit together and discuss matters as a quorum.
City Manager Devich stated the City is trying to follow the State law regarding open meetings
to avoid a violation. There appears to be a competing issue with the law and the City's rules
regarding attendance at meetings.
Council Member Kilian said, basically, the possibility of a City Council quorum exists at almost
every meeting of every group.
Council Member Sandahl requested the attendance rules be reviewed again.
Recording Secretary Krumholz stated if a quorum is present, minutes are required which
include attendance. If no quorum is present, no minutes are prepared because no meeting was
conducted.
Council Member Wroge said he did not want to be locked out of any meeting. If he had a
previous commitment but then his schedule changed, he wanted to be able to attend any meeting.
City Attorney Thomson said the City has been very cautious in complying with the law.
Council Member Rosenberg stated all City business has been conducted open to the public.
City Manager Oevich said the meeting with the Mexican Consulate on March 22 will be posted
as a Special City Council meeting because the City Council has indicated a quorum will be present.
City Manager Oevich reported he was recently elected President of the PERA Board of
Trustees.
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March 14, 2006
It m#9
Council Member Kilian asked about the payment to SEH.
City Manager Devich explained SEH stands for Short, Elliott & Hendrickson.
City Attorney Thomson added they are assisting in the due diligence related to the
proposed garage site.
M/Kilian, S/Sandahl that the followina claims and pavrolls be approved:
U. S. BANK
AlP Checks: 148550 - 148892
PAYROLL 28106 - 28440; 41053 - 41055
TOTAL
$
$
$ 1,424,693.20
973,195.38
451,497.82
Motion carried 4-0.
&, 4
Chery~Z 'AAM~
Recording Secretary
The City Council meeting was adjourned by unanimo
Date Approved: March 28. 2006