03-08-05 Worksession-2
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
March 8, 2005
The meeting was called to order by Mayor Kirsch at 7:53 p.m.
Members Present:
Martin Kirsch, Mayor; Bill Kilian; Fred Wroge; Susan Rosenberg; and Sue
Sandahl.
Staff Present:
Steven Devich, City Manager; Bruce Palmborg, Community Development
Director; Nancy Gibbs, City Clerk; Cheryl Krumholz, Recording Secretary;
and Corrine Thomson, City Attorney.
Item#1
Council Member Kilian stated tonight's Worksession was requested to assist the two new
Council Members understand City Council protocol.
1. How do matters get placed on a City Council agenda.
City Attorney Thomson referenced her memo to the City Council dated March 1, 2005. The
City Code provides that the City Manager prepares the agenda for each matter. There is a routine
process for some issues handled administratively or by commissions without the City Council having
heard the item before unless commission packets are reviewed. Some items have timelines and a
large number are routine business. Some items are at the City Manager's discretion to propose to
the City Council for consideration to receive policy direction. The City Council has final approval of
the agenda when it is acted upon at the meeting. The City Council can also request an agenda item.
Council Member Rosenberg said the City Council can make the agenda any way they want.
She has never had a problem with getting an item on the agenda. She also has had no problem
getting questions answered.
City Manager Devich explained the staff process of monitoring agenda items, including an on-
going items list reviewed at a weekly meeting.
Mayor Kirsch added that some items are a result of Worksession discussions.
Council Member Wroge stated the City Council should have no surprises unless through their
own fault. He specifically referenced the February 22 City Council meeting, when John Choi
addressed the City Council regarding the proposed TIF legislation and it was the first time he had
heard about it. He asked how it is determined when issues come back to the City Council, for
example, the driveway/parking issue discussed by the previous City Council.
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March 8, 2005
City Manager Devich stated that during the legislative session, issues develop quickly and he
keeps the City Council informed as soon as possible.
City Attorney Thomson stated the planning and inspections divisions have been working on
the driveway/parking ordinance and requested to meet with her for discussion. She reviewed the first
and second reading ordinance process. The City Council will know in advance before a decision
needs to be made on significant, major issue.
Council Member Sandahl said the City Manager has discretion on planning the agenda.
City Manager Devich stated he relies heavily on Council Memos to inform the City Council.
He encouraged the City Council to call him in advance to clarify or discuss any items or concerns.
2. Issues regarding City Council Staff Report presentations.
Council Member Sandahl explained that the City Council presents Staff Reports because
when staff presented, there was feedback from the public that staff was running the City and the City
Council was rubber stamping their recommendations and telling them how to vote. The former City
Manager suggested the City Council make the presentations and lead the discussion and refer to the
staff for questions. The Mayor allocates who presents the Staff Reports.
Mayor Kirsch stated he has no system to determine who presents the reports.
Council Member Wroge said he believes that who presents the report sends a message of
support for the item. He suggested the City Council call the Mayor by Saturday so you're not
selected to read a report you don't support.
Council Member Sandahl said the City Council should not hesitate to tell the Mayor they do
not want to present a certain report.
Mayor Kirsch agreed that if a City Council Member is not comfortable presenting, they should
say no. There is no expectation that presenting means taking a position.
3. The authority of the Mayor versus that of a City Council Member.
The City Council agreed this issue was covered in the City Attorney's memo.
Council Member Sandahl asked what happened if the City Council did not support the Mayor's
recommendation for an HRA Commissioner.
City Attorney Thomson said that person would not be appointed and the Mayor would need to
make a different recommendation.
4. Residency requirement for certain City advisory boards and commissions.
Council Member Rosenberg said she received a complaint from a Human Rights
Commissioner regarding a conversation with Council Member Wroge. The commissioner stated that
Council Member Wroge called him at work and he felt he was being bullied into quitting the
commission because of a residency issue.
Council Member Rosenberg stated it was inappropriate to call the commissioner at his work
place and the Human Rights Commission is upset. The City Council needs to set boundaries. The
City Council is not in a place to take action individually.
Council Member Wroge stated he did not ask the commissioner to resign, he called to bring
up the residency. He said he did not bully the person. He asked three things: to ask when the
commissioner left Richfield; was the commissioner a resident when applied for appointment; and
would the commissioner be a Richfield resident again since he was told that would happen. He did
not imply the commissioner should resign.
Council Member Wroge stated statements that are made should be accurate.
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March 8, 2005
City Manager Devich read an excerpt from the April 1, 1996 City Council Study Session
minutes, Item IV, regarding a discussion related to commission recruitment and residency. At that
time, the Human Rights Commission was;having difficulty recruiting and maintaining a full
complement of members. A non-resident with a vested interest in Richfield had applied and wished
to be considered for appointment. As a result of that Study Session discussion the City Council
approved a resolution on April 22, 1996 authorizing two non-residents as members of the Human
Rights Commission and Friendship City Commission.
Council Member Wroge said the issue was raised now because a person who works in
Richfield and lives in Minneapolis applied this year but was not appointed because he was a non-
resident. Then the City Council appointed someone outside of Richfield to another commission.
Council Member Wroge said in 1996 there were not enough applicants but that has not been
the case now. Richfield residents should be entitled to an appointment first. The current non-
resident Human Rights Commission members should remain but this residency issue should be
considered in future appointments. Reappointments should not be automatic.
Council Member Rosenberg stated the non-resident applicant referred to by Council Member
Wroge wished appointment to the Advisory Board of Health, which does not permit non-resident
members.
Council Member Wroge stated that when the current Human Rights Commission members
reapplied, they were not Richfield residents.
Council Member Kilian stated there are times when there are not enough applicants to cover
the vacancies.
City Manager Devich read an excerpt from the April 22, 1996 Council Letter regarding
residency:
"Currently, there is no residency requirement for a Human Rights Commission member in the
state statute, City ordinance or commission bylaws. The Planning Commission requires residency by
ordinance; the Community Services Commission and Advisory Board of Health by resolution. The
Friendship City Commission does not state a requirement. Residency is established by state statute
for the Civil Service Commission, Charter Commission and HRA."
The City Council passed Resolution No. 8344 establishing residency requirements for the
Human Rights Commission and Friendship City Commission and that stands until the resolution is
amended.
Council Member Wroge suggested the City Council consider revising the resolution for the
next year. He expressed concern that if the immigration separation ordinance is approved, the
Human Rights Commission, which has two non-Richfield residents as members, has the authority to
receive and investigate complaints of a violation.
Council Member Wroge said he does not support having non-resident members on some
commissions and residents only on others.
Council Member Sandahl said she believes previous commission members who do a good job
should be reappointed. Good members should be rewarded.
Council Member Rosenberg said the current Human Rights Commission membership is good.
Council Member Wroge said the only issue is residency.
Council Member Kilian stated each commission has their own by-laws which should address
residency.
Council Member Wroge said he is not happy with that because the City Council makes the
appointments and should decide residency. Otherwise, commissions could all go in different
directions. Standards should be set by the City Council.
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March 8, 2005
Council Member Sandahl stated there are general guidelines in place. Richfield residents
should be considered first unless it's a reappointment to the Human Rights Commission or Friendship
City Commission. There needs to be a mix of individuals across the City.
Mayor Kirsch requested the City Manager provide a list of residency requirements for each
commission.
Council Member Rosenberg said each commission has different criteria.
Council Member Kilian said the criteria could be codified.
Council Member Sandahl said she believes the criteria should not be codified but rather the
City Council's judgement.
5. Serving on more than one City commission and ad hoc committee at the same time.
Council Member Wroge expressed concern that the same persons will serve on the ad hoc
committees as on the commissions and other persons need to be considered.
Council Member Rosenberg stated that if there were restrictions, there would be no support.
Council Member Sandahl said it is common practice for ad hoc committee membership to
consist of members from existing ac;lvi$ory commissions. This is helpful and provides broader input.
Council Member Kilian said it appears some persons get a permanent status on an ad hoc
committee. In the beginning it's a big help, but as the committee moves forward, others should be
appointed.
Council Member Rosenberg said the City Council does not appoint some ad hoc committee
members, only the Transportation Committee.
Council Member Kilian suggested this matter be revisited in a Worksession prior to the
commission interviews.
The meeting was adjourned by unanimous consent at 9:06 p.m.
Date Approved: March 22, 2005
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Che~umhojz
Recording Secretary