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04-12-05 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting April 12, 2005 The meeting was called to order by Mayor Kirsch at 6:30 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Fred Wroge; Bill Kilian; and Sue Sandahl. Steve Devich, City Manager; Bruce Palmborg, Community Development Director; Mike Eastling, Public Works Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Sandahl, S/Kilian to excuse the absence of Council Member Rosenbero from the March 29.2005 Special City Council Closed Executive Session. Staff Present: Motion carried 5-0. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Sandahl, S/Kilian to approve the minutes of (1) Special Concurrent City CouncillHRAlPlannino Commission Worksession of March 21. 2005: (2) Reoular City Council Meetino of March 22. 2005: (3) Special City Council Worksession of March 22.2005: (4) Special City Council Closed Executive Session of March 29. 2005; and (5) Continued Special City Council Closed Executive Session and Continued Special City Council Meetino of April 1. 2005. Motion carried 5-0. Council Meeting Minutes Item #1 -2- April 12, 2005 Allison O'Toole, Hennepin County's Richfield Community Prosecutor, distributed the Hennepin County Attorney's 2004 Annual Report and 2005 Goals. She reported on the community prosecution efforts and provided an overview on activities related to Richfield. Item #2 The City Council thanked Ms. O'Toole and the Hennepin County Attorney for their work. Mayor Kirsch presented a Certificate of Recognition to Academy of Holy Angels "Stars" Boys Hockey Team and Coach for winning the Section 5AA State Championship Title. Item #3 Marc Sullivan, Civil Service Commission President, reported on the commission's past year's accomplishments. Civil Service Commission members John Hamilton and Debra Fields were also present. Item #4 The City Council thanked the commission for their efforts. Council Member Sandahl announced the April 22 Friends of Wood Lake Dinner at 6:00 p.m. The proceeds benefit Wood Lake Nature Center. Council Member Rosenberg reported that anti-diversity flyers were distributed in two Richfield neighborhoods over the past two weeks. She read a Letter to the Editor from the Human Rights Commission to be published in the Richfield Sun Current in response to the flyers. Council Member Rosenberg announced the Human Rights Commission is sponsoring a community forum on diversity issues in May at the Community Center. Council Member Rosenberg announced the Richfield Beautiful Home and Garden Tour is on June 25 and June 26. More remodeled homes are needed to join the tour. Item #5 Mayor Kirsch announced that agenda item #9 for the public hearing regarding the resolution authorizing property tax abatement for certain properties in the Cedar Point project area is Council Meeting Minutes -3- April 12, 2005 cancelled. The use of tax abatement funds is in part governed by the terms of an HRA Development Agreement. The Agreem,ent is still being negotiated. When the specific terms have been determined the public hearing will be readvertised and heard by the City Council. The objective is to complete negotiations on the Agreement prior to the end of May. M/Rosenberg, S/Sandahl to approve the aoenda as amended. Motion carried 5-0. Item #6 A. Approved first reading of amendments to Richfield Zoning Code Sections 506 and 521 to create new regulations for private driveways in single family residential, low density single family residential and two family residential zoning districts and schedule public hearing and second reading for May 10, 2005 S.R. No. 65 B. Approved resolution modifying Richfield Tourism Promotion Board membership S.R. No. 66 RESOLUTION NO. 9604 RESOLUTION MODIFYING REPRESENTATIVE STRUCTURE OF THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. This resolution appears as Resolution No. 9604 in Resolution Book No. 75. C. Approved resolution authorizing donation of used City computer equipment to Richfield Independent School District No. 280 S.R. No. 67 RESOLUTION NO. 9605 RESOLUTION AUTHORIZING the transfer of used computer equipment to independent school district #280 This resolution appears as Resolution No. 9605 in Resolution Book No. 75. D. Approved resolution designating City Manager Steven Devich as Responsible Authority to oversee City's government data practices and rescinding Resolution No. 9290 S.R. No. 68 RESOLUTION NO. 9606 DESIGNATING CITY MANAGER STEVEN DEVICH AS THE RESPONSIBLE AUTHORITY FOR GOVERNMENT DATA PRACTICES This resolution appears as Resolution No. 9606 in Resolution Book No. 75. E. Approved authorizing renewal of Contract No. A03251 with Hennepin County for purchase of assessment services commencing August 1, 2005 and ending July 31, 2009 S.R. No. 69 F. Approved hiring WSB & Associates consulting firm to complete transportation study and environmental assessment for 66th Street and Portland Avenue intersection S.R. No. 70 MlWroge, S/Rosenberg to approve the Consent Calendar. Council Meeting Minutes -4- April 12, 2005 Motion carried 5-0. Item #7 None. Item #8 Council Member Wroge presented Staff Report No. 71 regarding a second reading of a transitory ordinance authorizing the sale of real property at 6758 Portland Avenue to the Richfield Housing and Redevelopment Authority. Larry Wozniczka, 6744 Wentworth Avenue, expressed concern that the sale of the property from one department to another of the City is not what it purports to be. He asked what fund was the recipient of the $11,000 in annual rent revenue and how that amount was going to be replenished. He said the property was acquired for the purpose of park expansion or a new City Hall. It is critical to retain the right to buy the land back if needed. Mr. Wozniczka stated the budget already includes expenses for the updating of the Comprehensive Plan and zoning ordinance. He stated he believes there is an ulterior motive in the transfer of ownership. Mr. Wozniczka referenced the City Charter regarding adding expenditures to the budget. He urged the City Council to reject this purchase proposal and retain ownership by the City for a new City Hall. City Manager Devich clarified the Charter references, including that expenditures cannot be added without revenues and that is occurring in this instance. He added that the budget can be modified throughout the year. City Manager Devich clarified that the transfer is from one separate entity (City) to another separate entity (HRA); not between departments. There is no ulterior motive of the use of the funds. City Manager Devich explained the driving force for the sale is the revising of the Comprehensive Plan which is an ongoing process and these funds will be used for that purpose. Funds to repurchase the property for a new City Hall would need to be raised but the Comprehensive Plan and zoning ordinance revisions are more imperative. Community Development Director Palmborg stated the City Council would approve the expenditure of funds for the revisions. City Attorney Thomson stated there is no issue of non-compliance with the City Charter provisions. M/Rosenberg, S/Sandahl to close the public hearina. Motion carried 5-0. Council Member Wroge requested the City have the first right to refusal, condition and option to repurchase the property from the HRA within five years of the conveyance and the HRA be obligated to notify the City of any purchase offers that it receives within that time period. City Manager Devich stated the City could be first to consider this home as space for a new City Hall. Council Meeting Minutes -5- April 12, 2005 Council Member Wroge asked <:Jbout the balance of funds after the Comprehensive Plan is updated and requested a separate tracking to ensure the use of the funds is clear. Community Development Director Palmborg stated any fund balance would remain in the General Fund. City Manager Devich stated a mechanism will be established to track the funds. M/Wroge, S/Kilian that this constitutes the second readina of Bill No. 2005-7. Transitory Ordinance 18.32 authorizina and providina for the sale. transfer or other disposition and conveyance of certain city owned real property located in the City of Richfield. County of Hennepin. State of Minnesota. at 6758 Portland Avenue, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #9 The public hearing was canceled (See Item #5). Item #10 Council Member Sandahl presented Staff Report No. 73 regarding a resolution creating a Transportation Commission and establishment of by-laws. Council Member Sandahl requested the term of membership be revised to eliminate the reference to an initial term of four years for three members and replace with a one-year term for three members since some members have already served two years. M/Sandahl, S/Kilian that the followina amended resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: and approve the establishment of its amended by-laws: RESOLUTION NO. 9607 RESOLUTION ESTABLISHING A RICHFIELD TRANSPORTATION COMMISSION Council Member Kilian requested an amendment to the motion to add language to the resolution and by-laws regarding vacating a seat to include if an owner/manager of a business in Richfield is terminated. Council Member Sandahl agreed to the amendment. Council Member Wroge requested an amendment to the motion to add language to the resolution and by-laws that there shall be no more than two non-resident business managers/owners members. Council Member Sandahl and Council Member Kilian agreed to the amendment. Council Member Wroge expressed concern regarding four members being able to vote on an issue. He suggested five or six. Council Meeting Minutes -6- April 12, 2005 Council Member Sandahl explained the vote is the majority of members present or four members, whichever is greater. Four members is a majority of a quorum which is six. She said meetings have been very well attended and a quorum has been a non-issue. City Manager Devich stated it is a City Council decision on the number needed. Council Member Sandahl added that the Transportation Commission is an advisory group and their decision is not binding to the City Council. Council Member Sandahl stated her preference was to leave the language as is since it is a pretty typical procedure that a quorum can take action. Council Member Wroge agreed to make no change in language as written. Motion carried 5-0. This resolution appears as Resolution No. 9607 in Resolution Book No. 75. M/Sandahl, S/Kilian to appoint the current Transportation Committee members to the Transportation Commission and these members Steve Lindaren. Todd Nollenberaer. Barb Kritzman. Bob Elliott. Lezlie Vermillion. Robert Shotwell and Don Anderson should draw lots to decide on their lenath of term. Motion carried 5-0. The City Council requested staff begin a recruitment for the remaining vacancies. Item #11 City Manager Devich requested direction on future City Council Worksession topics. Council Member Kilian requested the Wireless-Fidelity (Wi-Fi) discussion occur sooner rather than later since Minneapolis has decided to move forward on this issue. City Manager Devich suggested Brian Grogan be invited to participate in that discussion since he is very knowledgeable on this topic as a member of the Southwest Suburban Cable Commission. The City Council agreed the Wi-Fi discussion should be scheduled as soon as Mr. Grogan is available. Council Member Rosenberg requested the Hennepin South Services Collaborative (HSSC) discussion occur in late summer. Council Member Rosenberg requested the City's bereavement leave policy be discussed by the City Council soon. The Human Rights Commission has requested this review. Council Member Kilian requested the on-street parking issue discussed by the previous City Council be resurrected for additional review by the current City Council. City Manager Devich distributed the Apple Valley parking regulations. Council Member Wroge requested a discussion of the City being more pro-active in responding to vehicles parked on the grass in residential front yards. Council Member Kilian suggested a discussion of general citizen complaints, including parking. City Manager Devich suggested a mid-year goalsetting session be held in June, at which time the budget could be reviewed along with an update of the goals established at the January goal setting. Council Meeting Minutes -7- April 12, 2005 The City Council agreed to con(j\.lct a mid-year goalsetting session and requested the planning for the session be at a City CoUncil Worksession. Council Member Wroge asked about the municipal liquor store legislation. City Manager Devich explained the legislation as it relates to Enterprise Funds and that he hoped the bill didn't go anywhere. The main thrust of municipal liquor stores is to control sales. Item #12 M/Rosenberg, S/Wroge that the followinQ claims and pavrolls be approved: M & I BANK AlP Checks: 139364 - 139815 PAYROLL 19115-19792, 39655 - 39665 TOTAL $ 1,576,481.20 $ 920,489.83 $ 2,496,971.03 Motion carried 5-0. Item #13 Date Approved: April 26" 2005 ~~~ Cheryl Kr:; mholz . Recording Secretary