07-12-05 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 12, 2005
The meeting was called to order by Mayor Kirsch at 6:30 p.m.
Members Present:
Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and
Bill Kilian.
Staff Present:
Steve Devich, City Manager; Bruce Palmborg, Community Development
Director; Mike Eastling, Public Works Director; Dan Scott, Public Safety
Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum,
Acting Fire Services Director; 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 City Council Meetinq of
June 27. 2005: (2) Special City Council Worksession of June 28. 2005: and (3) Reqular City
Council Meetinq of June 28. 2005.
Motion carried 5-0.
Council Meeting Minutes
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July 12, 2005
Item #1
Mayor Kirsch announced this item was postponed to a future City Council Meeting.
Item #2
Gordon Vizecky, Community Services Commission Chair, presented the commission's
annual report, including the Master Park Plan review process, Master Bike Plan process and
working with the Transportation Commission.
Council Member Rosenberg said the Jefferson Park neighbors were open and amenable to
being involved in the review of the City's Master Park Plan.
The City Council thanked the Community Services Commission for their efforts.
Item #3
Public Works Director Eastling made a presentation regarding Gopher State One Call in
Richfield. He also discussed the new State legislation requiring cities to locate and mark private
sewer and water service laterals depending on when the facilities were or are to be installed. This
new requirement is in addition to the main locates currently conducted.
Bill LaLonde, Richfield Public Works Worker/Gopher State One contact, displayed the
locater equipment.
City Manager Devich stated this legislation is an unfunded State mandate.
Mr. Eastling said there is no funding mechanism in place so costs would be recovered
through the permit process.
Council Member Sandahl asked if the new law is a requirement or on a request basis.
Mr. Eastling stated all locate calls require additional locates - mains and laterals.
Council Member Kilian asked about advance notice to provide this service.
Mr. LaLonde said 48 hours.
The City Council thanked staff for their work.
Item #4
Council Meeting Minutes
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July 12, 2005
Mayor Kirsch requested the City Council sign letters thanking Public Works staff, Recreation
Services staff, and Police and Reserves for their work during the July 4 activities.
Public Safety Director Scott discussed Police and Reserve activities, including the issues
and responses related to personal use of fireworks.
Council Member Sandahl asked about the City's ordinance restricting personal use of
fireworks.
Mr. Scott explained there appears to be some confusion of what types of fireworks are legal
and illegal. He added that a good rule of thumb is that if the fireworks have sound, they are
basically illegal for personal use.
The City Council requested staff review the City's ordinance and revise it as needed to
restrict all personal use of fireworks.
Mr. Scott stated many who attend the Richfield events are not from Richfield and are
unaware of ordinance restrictions.
Council Member Rosenberg announced the painted mural dedication at Broadway Pizza on
July 26 at 3 p.m.
Council Member Rosenberg read a letter from Richfield residents, Marilyn and Alan Youel,
thanking Public Works staff Mark Hall, Jim Christensen, Mark May and Ray Wroblewski for their
quality customer service during a recent experience with an elm tree and fencing between their yard
and Monroe Park.
Council Member Rosenberg stated there appears to be a problem with unleashed dogs in
her neighborhood. She said the ordinance regarding the leash law needs to be communicated to
the residents.
Council Member Wroge stated he received a phone call from Vern Luettinger, Gramercy
resident, who expressed concern regarding the proposed bike path on Lake Shore Drive because
they feel they have not been heard.
Council Member Wroge said he does not understand why Lake Shore Drive should be a
bike path since it goes nowhere. He added that Gramercy residents believe Lake Shore Drive
should be considered a neighborhood not just a street.
Council Member Rosenberg shared an anecdotal experience where a painted bike path
slowed traffic down.
Council Member Wroge stated there is also a parking issue but the bike path is the main
concern.
Council Member Kilian encouraged residents to participate in the community involvement
process over the next three months regarding the proposed changes at 66th Street/Portland
Avenue and 66th Street/17-1/2 Avenue.
Item #5
Mayor Kirsch announced the removal of Consent Calendar Item 6C because staff is
awaiting MAC approval of the appraisal. This item will come before the City Council at a future
meeting.
Mayor Kirsch removed Consent Calendar Item 60 and placed on regular agenda for
consideration as Item 7.
M/Rosenberg, SlWroge to approve the aaenda as amended.
Council Meeting Minutes
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July 12, 2005
Motion carried 5-0.
Item #6
A. Approved setting public hearing on August 9, 2005 to consider proposed transfer of control
of cable television franchise from Time Warner Cable to Com cast Cable Communications,
LLC S.R. No. 129
B. Approved resolution authorizing application to Metropolitan Council for Livable
Communities Demonstration Program grant for Cedar Corridor S.R. No. 130
RESOLUTION NO. 9642
RESOLUTION IDENTIFYING THE NEED FOR
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND
AUTHORIZING AN APPLICATION FOR GRANT FUNDS, CEDAR CORRIDOR.
This resolution appears as Resolution No. 9642 in Resolution Book No. 75.
C. Removed from the Consent Calendar.
D. Removed from the Consent Calendar and placed on regular agenda for consideration as
Item 7.
M/Rosenberg, S/Kilian to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #7
60. Consideration of approval of Richfield Fire Department participation in joint Food
and Drug Administration/Hennepin County Emergency Medical Services field study of
sudden cardiac arrest management S.R. No. 132
City Manager Devich presented Staff Report No. 132 regarding consideration of approval of
Richfield Fire Department participation in joint Food and Drug Administration/Hennepin County
Emergency Medical Services field study of sudden cardiac arrest management.
City Attorney Thomson explained the Memo of Understanding (MOU) with the Minneapolis
Medical Research Foundation distributed to the City Council this evening which addresses
concerns raised by the City Council at their June 28, 2005 meeting when the study was presented.
She said the MOU is needed because it includes indemnification language to apply if services are
provided in accordance with the study protocol.
Council Member Wroge thanked the City Attorney for preparing the MOU so quickly in
response to City Council concerns.
M/Sandahl, S/Kilian to approve Richfield Fire Department's participation in the ioint Food
and Druo Administration/Hennepin County Emeroencv Medical Services field study of sudden
cardiac arrest manaoement.
Motion carried 5-0.
Council Member Sandahl stated these procedures are already used in Europe and saving
lives. It is a plus for Richfield to have the benefit of new techniques.
Council Meeting Minutes
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July 12, 2005
Council Member Kilian stated the study provides the use of a device, which on average
saves one more life per year or a 5% improvement.
""i ..'- ,
City Attorney Thomson stated Minneapolis and Richfield are the only participants under the
Hennepin County Medical Center, but there are more participants nationwide.
Item #8
Council Member Kilian presented Staff Report No. 133 regarding consideration of a second
reading of amendments to Richfield Zoning Code Section 538 to create new floodplain
management regulations and consideration of a resolution authorizing a summary publication of
ordinance amendments.
Community Development Director Palmborg stated the Planning Commission supports the
ordinance amendments. This floodplain management ordinance also provides Richfield
homeowners with the option of having flood insurance.
Council Member Wroge asked about the cost to the City.
Mr. Palmborg stated there is no City cost.
Mr. Wroge asked about the location of the existing policies.
Mr. Palmborg explained there are no geographic areas, it is the homeowner's decision and
could be a mortgage lender requirement.
Mr. Wroge asked about areas prone to flooding.
Mr. Palmborg said there may be areas in Richfield prone to flooding but no area in the
floodplain regularly floods.
M/Rosenberg, S/Sandahl to close the public hearino.
Motion carried 5-0.
M/Kilian, S/Sandahl that this constitutes the second readino of Bill No. 2005-9 amendino the
Richfield Zonino Code section 538 to create new floodplain manaoement reoulations. that it be
published in the official newspaper and that it be made part of these minutes; and 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. 9644
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO
SECTION 538 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO NEW REGULATIONS
FOR FLOODPLAIN MANAGEMENT.
Motion carried 5-0. This resolution appears as Resolution No. 9644 in Resolution Book No.
75.
Council Meeting Minutes
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July 12, 2005
Item #9
Council Member Rosenberg presented Staff Report No. 134 regarding consideration of a
second reading of an ordinance amendment to City Administrative Code Chapter III, Subsection
310.33 describing vacation leave.
M/Rosenberg, S/Kilian that this constitutes the the second readinQ of Bill No. 2005-10
amendinQ the City Administrative Code Chapter III. subsection 310.33 describinQ vacation leave,
that it be published in the official newspaper and that it be made part of these minutes.
Council Member Wroge asked about the bargaining units having this benefit.
City Manager Devich explained the slight differences in some of the labor agreements.
Motion carried 5-0.
Item #10
Council Member Sandahl presented Staff Report No. 135 regarding disciplinary hearings
and consideration of resolutions regarding civil enforcement for establishment in Richfield that
recently underwent alcohol compliance checks conducted by Richfield Public Safety staff and failed
by selling alcohol to underage youth.
City Attorney Thomson stated that the letter sent to the establishment informing them of this
disciplinary hearing included that not appearing will be deemed as an admission to the violation and
penalties will be imposed.
SuperAmerica - 7500 Lyndale Avenue - no one appeared, therefore, this constitutes
admission the violation occurred and stipulation to the suspension and penalty.
M/Sandahl, S/Kilian that the followinQ resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9645
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR
LICENSE FOR SUPERAMERICA, 7500 L YNDALE AVENUE SOUTH, AND; IMPOSING A CIVIL
PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
Council Member Wroge asked when the last offense occurred.
Public Safety Director Scott stated the resolution indicates December 13, 1999.
Motion carried 5-0. This resolution appears as Resolution No. 9645 in Resolution Book No.
75.
Taco Morelos - 2 West 66th Street - agent representing the owner admitted the violation
occurred and stipulated to the suspension and civil penalty.
Public Safety Director Scott said the resolution indicates the last offense was July 8, 2003.
Council Meeting Minutes
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July 12, 2005
M/Sandahl, S/Kilian that the followina resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9646
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR
LICENSE FOR TACO MORELOS, 2 WEST 66TH STREET, AND; IMPOSING A CIVIL PENALTY
FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 9646 in Resolution Book No.
75.
Mr. Scott explained the process of the compliance checks and the step back options. The
number of years between violation does not playa role, but rather the consecutive checks.
Mr. Scott acknowledged that Fire Services also provided safety measures and approved
the fireworks permit for the July 4 events.
Item #11
Council Member Wroge presented Staff Report No. 136 regarding consideration of
scheduling Special City Council meetings on August 30, 2005 and September 6, 2005 to review
and discuss 2005 Revised/2006 Proposed Budget and preliminary tax levy prior to certification to
Hennepin County.
The meetings will be at 5:30 p.m.
Council Member Rosenberg asked about canceling the August 23, 2005 City Council
meeting, as has been past practice.
City Manager Devich stated there is one issue on the cable franchise transfer of ownership
that may require a brief City Council meeting on August 23.
MlWroge, S/Sandahl to authorize Tuesdav. Auaust 30. 2005 and Tuesday. September 6,
2005 (if necessary) as Special City Council meetinas to review and discuss the 2005 Revised/2006
Proposed budaet and preliminary tax levv prior to certification to the County on September 15.
2005.
Motion carried 5-0.
Item #12
City Manager Devich reported on the following:
. The NOISE Conference on July 20-22 will be conducted.
Mayor Kirsch asked about the NOISE Conference being posted as a Special City
Council Meeting.
Council Member Sandahl asked about the mural dedication on July 26, 2005 being
posted, also.
Council Meeting Minutes
-8-
July 12, 2005
City Attorney Thomson reviewed the open meeting law requirements, including the
recording of minutes if a quorum is present.
Ms. Thomson said she would discuss with the City Manager the posting of the July 26
and NOISE conference Special City Council meetings.
. An upcoming Out & About feature is the Optimist Hole-in-One Contest.
. Ehlers and Associates will be providing a proposal regarding long-range financial
planning.
. An additional thank you letter for Fire Services will be prepared for City Council
signature.
Council Member Sandahl asked about the State budget impact on Richfield
City Manager Devich stated the City could lose an additional $500,000 in State aid.
Item #13
M/Rosenberg, SNVroge that the followinq claims and pavrolls be approved:
M & I BANK
AlP Checks: 141514 - 141754
PAYROLL 21569-21987,39717 - 39734
TOTAL
$ 762,721.21
$ 577,769.93
$ 1,340,491.14
Motion carried 5-0.
Item #14
The City Council meeting was adjourned by unanimous cons_:~t at 8:02p.m.,-
Date Approved: Jul1: 26, 2005 )
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Recording Secretary