02-22-05 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 22, 2005
The meeting was called to order by Mayor Kirsch at 6:33 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; Fred Wrage; Bill Kilian; and Sue
Sandahl.
Staff Present:
Steve Devich, Acting City Manager; Bruce Palm borg, Community
Development Director; Mike Eastling, Public Works Director; Dan Scott,
Public Safety Director; Brad Sveum, Acting Fire Services Director; Chris
Regil), Finance Manager; Cheryl Krumholz, Recording Secretary; and
Corrine Thomson, City Attorney.
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Rosenberg, S/Sandahl to approve the minutes of (1) Special Citv Council Meetinq of
Januarv 22. 2005: (2) Special City Council Worksession of February 8. 2005: and (3) Reqular City
Council Meetinq of February 8. 2005. . .
Motion carried 5-0.
Council Meeting Minutes
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February 22, 2005
Item #1
Mcwor Kirsch presented a proclCimation designating February 23, 2005 as Charle,s Willard
Lindberg Day in Richfield recogni:zing the 60th anniversary of raising the American Flag on Iwo
Jima dl!rin9 World War II.
Public Safety DJrector Scott. reported on the deaths of three National Guard soldiers who
died Monday, February 21 in a bombing in Baghdad. This brings the total of 19 Minnesotans who
have died in Iraq.
A moment of silence was observed.
Item #2
Council Member Rosenberg expresSed concern about a proposed casino at the Mall of
America in Bloomington. She requested the. Riclnfield City Council consider sending a letter to the
Bloomington City C()uncjl expressing the Richfield City Council's discomfort ahd displeasure with the
close proximity of the casino to RichfieJd because it is notinthe best interest 9f the community.
Council Member Sandahl stated she had no position at thistirne and requested waiting on a
letter so she can become better educated. Ther:e is a League of Women Voters/Chamber of
Commerce Luncheon regarding "Betting on Gambling" on March 10.
Council,Memper Rosenberg stated that if the remaining City Council Members felt the same
way she wouLd acquiesce and agre,e to wait.
Mayor Kirsch a~reed waiting and becoming more educated.
, Council Member Kilian announced the Town Hall meeting on March 10 at 7:00 p.m. at the
Richfie.l.d Midd.le SchoqJ regCiIc!iXlg .,a.Jrpprt .issues.
Council Member WrQge referenced Council Memo #t9 regarding issues raised by a resident
related to the pedestrian cross.ing signal for east bound 77th Street/Lyodale,Avenue. He said it is not
working as stated in the memo because he trieqit hims.elf today.
Council Member Wroge announced the Friends of Wood Lake Dinner on April 22 at the
Holiday Inn select in Bloomingfon.
Itein #3
MIRosenberg, S/Kilian to approve theaqenda.
Motion carried 5-0.
Item #4
Council Meeting Minutes
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February 22, 2005
A. Approved continuing public hearing to March 22, 2005 regarding resolution authorizing
property tax abatement for cert~i9' property (Cedar Point redevelopment area) in City of
Richfield S.R. No. 37' .. ' ,.' ,
B. Approved resolution amending 2004 General Fund budget by authorizing transfer of
appropriations from Legislative/Executive Department to Fire Services Department S.R. No.
38
RESOLUTION NO 9593
RESOLUTION AUTHORIZING REVISION OF 2004 BUDGETS OF VARIOUS DEPARTMENTS
This resolution appears as Resolution No. 9593 in Resolution Book No. 75.
C. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 5A.
D. Approved resolution authorizing donation of used City computer equipment to Richfield
Independent School District #280 S.R. No. 40
RESOLUTION NO. 9595
RESOLUTION AUTHORIZING THE TRANSFER OF USED COMPUTER EQUIPMENT TO
INDEPENDENT SCHOOL DISTRICT #280
This resolution appears as Resolution No. 9595 in Resolution Book No. 75.
E. Approved resolution authorizing application to Hennepin County for transit-oriented
development grant funds for airport noise mitigative area S. R. No. 41
RESOLUTION NO. 9596
RESOLUTION AUTHORIZING THE SUBMITTAL OF
AN APPLICATION TO HENNEPIN COUNTY
FOR TRANSIT-ORIENTED DEVELOPMENT GRANT FUNDS
FOR THE AIRPORT NOISE MITIGATIVE AREA
This resolution appears as Resolution No. 9596 in Resolution Book No. 75.
F. Approved amended resolution granting conditional USe permit to allow two-family dwelling at
7141 Portland Avenue in single family residential zoning district S.R. No. 42
RESOLUTION NO. 9597
RESOLUTION AMENDING RESOLUTION NUMBER 9483
AUTHORIZING A CONDITIONAL USE PERMIT FOR
TWO-FAMILY DWELLING AT 7141 PORTLAND AVENUE
This resolution appears as Resolution No. 9597 in Resolution Book No. 75.
G. Approved 2005, contract renewal between City of Richfield and Auction Broadcasting
Company of Minneapolis for auctioning of forfeited vehicles from Public Safety S.R. No. 43
H. Approved purchase of two new Chevrolet Sliverado 2500 HD 4x4 pickup trucks from Thane
Hawkins Polar Chevrolet for use by Street and Park Maintenance Divisions in amount of
$40,713.30 plus tax and license S.R. No. 44
Council Meeting Minutes
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February 22, 2005
I. Approved following 2005 lic:ense renewals:, S.R. No. 45'
. A New Star limousine & Taxi Service; 3 Vehicles
. Aldi Foods; Off-Sale 3.2 M<;ilt liquor
. AirpQrt & Airline Taxi; 11 vehicles
. Airport Bowl; On-S<;ile 3.2 Malt liquor
. Azteca V<;in lines, Inc.; 2 Vehicles
. Davanni's Pizza; On-Sale 3.2 Malt liquor
. EI Jalapeno; Off-Sale 3.2 Malt liquor
. Gold Star Taxi; 27 vehicles
. Kwik Way Foods; Off-$<;ile 3.2 Malt liquor
. Lariat Lanes; On-Sale 3.2 Malt Liquor
. Paul's Rentals & Sale; Trailers and Trucks Rentals
. RBF Corp. of Wisconsin; Off-Sale 3.2 M~I~ liquor
. Richfield,Mobil Mart; Off-Sqle 3.2 Malt Liquor
. Sandy's Tavern; On-Siale 3.2 Malt Liquor
. Suburban Taxi Corporation; 44 Vehicles
. Superamerica ,#4186; Off-Sale 3.2 Malt liquor
. Superamerica #4188; Off-Sale 3.2. Malt ,liquor
. Super<;imerica#4191; Off.,.Sale 3.2 Malt Liquor
. Superamerica#4615; Off-Sale 3.2 Malt Liquor
. YeHow T<;ixi; 8vehicles
M/Rosenberg,' S/Kilianto approVe the Consent Calendar as amended.
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Motion carried 5-0.
Item #5
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4C. Consiqeratioh of approval of resolution urging state Legislature to increase
funding for necessarytransportatipn improvern~nts in 1-494CorridO.r S,R. No. 39
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Council MemberWroge. presented St<;iff Repgrt No. 39 regarding a resolution urging the
State Legislature to jncr~ase fundingfQr neqessClry tram;port<;ition improvements in 1-494 Corridor.
Council Member Wroge expressed support for theg,eneral ideas' of the resolution but not for
the voluntary to.lll,anes. He-G.all~d,the toll I <;ines, "LexLJS lanes" and was based on the ability to pay
not based on those willing to pay. He agreed to send a message to the Legislators but not to
include the toll lanes. All or none of the 'lanes shOLJld be toll.
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Council Member Sand<;ihl explained the concept of.b.o..wJbe tollV)(o.uldwork. An advantage
is people who want to use the. toll lane, get off the general lane <;ind allowsth.euse of a lane that is
un~er utilized. The tollJee is based on the r<;it~:of traffic and does raise some money.
Council MemberWrogedisagreed; it does not pay for itself <;is originally planned.
Council Member Kilianst<;it'ed ..all thefunplngm~thO:doJogy in the r~solution should be
eliminat~~. ,T~~xesh,ould be W,ays to gererate money ,and there should beqn option to opt out.
A revis8:d resQlu.tiOJlw~is- proposed, eliminating the funding options in the 7th paragraph.
. M1Kilian,_S/S.aNdahl thaHhefollowinq amended resolution beadopted, that it be spread in
the resolution book and that it be made part of these minutes: .,. " ." '
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RESOLUTION NO. 9594
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RE$QUJTIQN ENC.OURAGING ~gOI$LATI9N "
TO INCR,E;A,S.E FUNPING FOR '..494 CORR,IDOR IMPROVEMENTS
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Council Meeting Minutes
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February 22, 2005
This resolution appears as Resolution No. 9594 in Resolution Book No. 75.
Item #6
Acting City Manager Devich reviewed several protocol questions some City Council Members
had and asked if the City Council desired a Worksession for discussion.
The City Council requested a Worksession be scheduled.
John Choi, Kennedy & Graven, explained a bill in the Legislature relating to the City
authorizing the creation of a redevelopment tax increment financing (TIF) district for the area west of
TH 77 extending to 16th Avenue between Crosstown Highway 62 and 66th Street; to 17th Avenue
between 66th and 69th Streets; and to 18th Avenue betwe~n 69th and 72nd Streets.
Acting City Manager Devich stated the TIF would be a valuable tool available to the City.
Council Member SandClhl asked about the need to show blight in the area.
Mr. Choi said no blight needs to be shown. This is a proactive approach to show impacts of
the area prior to the new Clirport runway being 9perational. The five-year rule is also exempted.
Acting City Manager Devich said the City Council could consider at a future City Council
meeting, a resolution of support to use at the Legislature.
Council Member Wr9ge asked how the funds woulq be used. He said he wanted to wait on a
new TIF district until impacts of the new runway were known.. Creating new TIF Districts has caused
problems in the past.
Acting City Manager Devich explained the funds would be used to redevelop the south side of
66th Street affected by airport noise.
Council Member Wroge asked about tearing houses out in this area.
Acting City Manager Devich stated the issue is redevelopment along the Cedar Corridor. The
TIF is an opportunity for the City to use it if they desire.
Community Development Director Palmborg explained the funding for the south side of 66th
Street is slim. The CedarCorridor has funding limitations and this TIF tool is needed again. The
corridor is on a roll for redevelopment and itwoulqbe nice to have some sort of assurances of
funding to be utilized as needed. Otherwise, the City is in a dangerous position because developers
may be interested in the south side area but the City won't have what it needs. The support from the
State, Federal Government and FAA through Congressman Sabo may not be around for the area
south of 66th Street.
Council Member Wroge expressed concern about the City continuing to tear out houses and
not replacing them with houses, resulting in no school children. He said he was leery of the
development and wants to see family homes in Richfield.
Community Development Director Palmborg explained the City is trying to develop a strategy
for the area to the south and reacting to the noise expert's sense of direction of the new runway on
existing structures. A portion of the corridor has uninhabitable homes.
Council Member Sandahl requested a resolution be returned to the City Council for further
discussion.
Mr. Choi stated the bill includes the area the noise experts deemed to be incompatible with
residential use.
Council Meeting Minutes
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February 22, 2005
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- Acting City Man~iger Devich said that the City Council's position on the bill needs to be known
before the Legislature moves forward.
Council Member Rosenberg stated Council Member Sandahl and she are also interested in
maintaining f,amilies in the City and are part of the Family-Friendly Initiative Task Force. She invited
Council Member Wroge to the task force meetings.
Council Member Kilian stated TIF for this area has failed in the past and may again. It is
important to keep the ball moving and not stop and wait. If the City Council does not support the
Legislation, the City will never get the funding.
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Council M.ember Sandahl expressed agreement with Council Member Kilian and that the City
should move forward. The TIF is riot required to be used but allows the City Council to decide at the
local level.
Mayor Kirsch said this is a tool the City does not have now and would be an option if passed
by the Legislature.
Council Member Rosenberg agreed with Mayor Kirsch. She added that this community is
extremely responsible with the use ofTIF.
Acting City Manager Devich said a, formal resolution will be presented to the City Council at a
future meeting.
Item #7
Jim Lynn, Lynn & Associates, distributed additional compensation information requested by
Council Member Kilian regarding thesalqry compression in relation to the Governor's salary cap.
M/Kirsch, S/Rosenberg to enter into an eml?loymentaqreement with Steven L. Devich to
appoint him as RichfieJd,GitxManaq~reffectivethe9~tethe aqreement is executed.
Council Member Sandahl reguested aToll call vote.
Motion carried 5-0.
Mr. Lynn reviewed each 'section 'of the'employment agreement.
City Attorney Thomsonexplqined Section 10 .....: Ad~itional Compensation; Waiver of Longevity
Pay.
Council Member Wroge suggested the one-time payment amount be $1688, retro to January
1 at the City Manager pay rate.
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Council MembecKilian asked if the Governor's salary cap applied to the monthly or annual
salary and if the one-time payment placed Mr. Devic.h over the cap.
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~C.ity t\ttoJney IbonJsol1 explained the cap is not a factor on this one-time payment and the cap
apJ2Ji~~.t0. the. Cln,n~,aLS;;ll~ry.
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. M/Sandahl to approve: a one-time payment of $2254 retro to January 1 because Mr. Devich
did not receive an annual performance evaluation and salary adiustment.
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, CityA1torne.y Tbornsonexplgill~dJhe. CiJYM.anG\ge~app<ointment can not be retroactive. The
pay qdj!J,stment 90uJgbeeqY<;IJ to th~ Gity M?'nqg~r pay fr,orn, J.i3J)ugry 1, 2QQf) t.o the date, of the
signed agreement ' ,
Council Member Wroge commended Mr. Devich for the benefit package, he could h<;lve asked
for more mon~y but didn't.
Council Meeting Minutes
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February 22, 2005
City Attorney Thomson stated tbe~~was a motion on the table that required City Council
action.""
Council Member Sandahl withdrew her motion.
M/Sandahl, S/Rosenberg to amend Section 10 of the employment aqreement with Steve
Devich to reflect a 2005 total compensation packaqe of $108.000 annual salary. plus $3500 deferred
compensation.
Motion carried 5-0.
Mr. Devich thanked the City Council for his appointment as Richfield City Manager and that he
would do his best in the position.
Item #8
M/Rosenberg, S/Sandahl that the followinq claims and payrolls be approved:
M & I BANK
AlP Checks: 138332 - 138762
PAYROLL 39643 - 39644
TOTAL
$ 815,846.21
$ 440,753.18
$ 1,256,599.39
Motion carried 5-0.
Item #17
Date Approved: March 8, 2005
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i', 'co' ~vO{
Cheryl rumholz
Recording Secretary