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10-23-12 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota geCqUiect Regular Meeting October 23, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:03 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue Sandahl. Staff Present: Pam Dmytrenko, Acting City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/ Wroge, S/Sandahl to approve the minutes of(1) Special City Council Worksession of October 9, 2012 and (2) Regular City Council Meeting of October 9, 2012. Motion carried 5-0. Item #1 ANNUAL MEETING WITH COMMUNITY SERVICES COMMISSION Council Meeting Minutes -2- October 23,2012 Gerald Charnitz, Chair, presented the commission report. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Mayor Goettel announced that the City is conducting cable equipment repairs and will not be replaying tonight's City Council meeting on cable channel 16. Council Member Elliott discussed the success of Richfield's approach to handling the Emerald Ash Borer. Council Member Elliott expressed concerns about the provisional bike lanes recently put in place in Edina and suggested the City Council experience driving those streets. Council Member Wroge voiced his concerns about safety and liability issues related to the Augsburg Park skatepark and the use of protective gear by skaters, particularly for users under 18 years old. He also expressed concern about the City Council knowing that a Tier I skatepark also included bicycle use and stated that, if he had known, he would not have supported it. City Attorney Heine explained that the skatepark was designed to accommodate both skateboards and bicycles and that, as a Tier 1 skatepark, it does not require 24-hour supervision. There is potential liability if the skatepark is not being used as designed, which is not the case. The skatepark complies with the LMCIT insurance requirements by posting requirements that users wear protective gear. She added that the City Council could prohibit the bicycle use if it chooses, and the level of supervision requires consideration of costs and benefits. Recreation Services Director Topitzhofer stated that the City did not anticipate this much bicycle use of the skatepark and indicated that when the newness wears off, bicycle use will decrease. He continued that other cities with Tier I skateparks are not enforcing the use of protective gear. Mr. Topitzhofer continued that the LMCIT stated they would not deny insurance if there is not constant supervision. He explained the City is hoping to create a better relationship with users without policing the site but rather with warnings so the users take ownership of the facility. Council Member Elliott stated that the concern is that the insurance would decline to defend a claim, not deny insurance. He said when the skatepark was discussed publicly, the skatepark representatives stated they were good at self-policing but that does not appear to be the case and suggested the City reach out to the skatepark leaders. Mayor Goettel suggested education on the importance of protective gear and that the skatepark be monitored. She suggested staff provide information on claim results of other cities. Council Member Fitzhenry stated he recalls the skatepark group talking about bicycle and rollerblade use. He agreed with education on the use of protective gear. City Attorney Heine explained that every city facility has legal risks but that the City is not legally liable for every injury that occurs on City property. Council Member Fitzhenry announced the Beyond the Yellow Ribbon event on Veterans Day at the Honoring All Veterans Memorial. Council Member Fitzhenry announced the open houses for the proposed changes in aircraft flight paths and noise impacts. Council Meeting Minutes -3- October 23,2012 Council Member Sandahl stated that at their last meeting, the Housing and Redevelopment Authority unanimously supported the Richfield School District No. 280 school referenda on the November 6, 2012 ballot. Community Development Director Stark provided an update on current and pending development projects. Council Member Wroge requested the City Attorney discuss the City Council's authority related to the July 4 carnival contract. City Attorney Heine explained the Fourth of July Committee must submit a community celebration event license application, which must include a detailed activity plan. The application and plan will be reviewed by City departments and the City Manager. A staff recommendation will be provided at the time issuance of the license is presented to the City Council for consideration. If the Public Safety Department identifies safety concerns related to the carnival operation, the City Council has regulatory authority to grant the license on the condition that there be no carnival. In response to a question about the potential liability of the Fourth of July Committee, the City Attorney responded that she cannot advise the Committee, but indicated that there could be a defense of impossibility of performance. Council Member Elliott discussed the success of Richfield's approach to handling the Emerald Ash Borer. Council Member Elliott expressed concerns about the provisional bike lanes recently put in place in Edina and suggested the City Council experience driving those streets. Council Member Wroge voiced his concerns about safety and League of Minnesota Insurance Trust legal issues related to the lack of enforcement of the posted rules at the Augsburg Park skatepark requiring users wear protective gear, particularly for user under 18 years old. He also expressed concern about the City Council not being aware that a Tier I skatepark also included bicycle use and if he had known, he would not have supported it. City Attorney Heine explained the City's skatepark is designed as Tier I which accommodates skateboards and bicycles and does not require supervision. There is potential liability if the skatepark is not being used as designed, which is not the case. The skatepark complies with the LMCIT insurance requirements by providing warnings if use is contrary. She added that the City Council could prohibit the bicycle use and direct enforcement to eject users if they are not wearing protective gear. Recreation Services Director Topitzhofer stated that the City did not anticipate this much bicycle use of the skatepark and believes when the newness wears off, it will decrease. He continued that other cities with Tier I skateparks are not enforcing the use of protective gear. Mr. Topitzhofer continued that the LMCIT stated they would not deny insurance if there is no supervision. He explained the City is hoping to create a better relationship with users without policing the site but rather with warnings so the users take ownership of the facility. Council Member Elliott stated that the concern is that the insurance would decline to defend a claim, not deny insurance. He said when the skatepark was discussed publicly, the skatepark representatives stated they were good at self-policing but that does not appear to be the case and suggested the City reach out to the skatepark leaders. Mayor Goettel suggested education on the importance of protective gear and that the skatepark be monitored. She suggested staff provide information on claim results of other cities. Council Meeting Minutes -4- October 23,2012 Council Member Fitzhenry stated he recalls the skatepark group talking about bicycle and rollerblade use. He agreed with education on the use of protective gear. City Attorney Heine explained the differences between legal risk and legal liability and moral responsibility. Council Member Fitzhenry announced the Beyond the Yellow Ribbon event on Veterans Day at the Honoring All Veterans Memorial. Council Member Fitzhenry announced the open houses for the proposed changes in aircraft flight paths and noise impacts. Council Member Sandahl stated that at their last meeting, the Housing and Redevelopment Authority unanimously supported the Richfield School District No. 280 school referenda on the November 6, 2012 ballot. Community Development Director Stark provided an update on current and pending development projects. Council Member Wroge requested the City Attorney discuss the City Council's authority related to the July 4 carnival contract. City Attorney Heine stated that the carnival contract is between the Fourth of July Committee, not the City, so it is outside her scope of authority. She explained there is a detailed activity plan provided with the Fourth of July Committee's community celebration event license application which is reviewed by City departments and the City Manager. A staff recommendation is provided at the time issuance of the license is presented to the City Council for consideration. The City Council has regulatory authority to grant the license without the carnival as an impossibility of performance option. Item #3 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Consent Calendar Item 4C and moved it to Item 5 for separate consideration. M/Wroge, S/Fitzhenry to approve the agenda as amended. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of resolution authorizing conveyance of real property located at 6812-14th Avenue to HRA S.R. No. 178 RESOLUTION NO. 10708 RESOLUTION AUTHORIZING THE CONVEYANCE OF REAL PROPERTY LOCATED AT 6812 14TH AVENUE This resolution appears as Resolution No. 10708. Council Meeting Minutes -5- October 23,2012 B. Consideration of approval of resolution granting subdivision waiver allowing division of 7225 First Avenue into two single-family lots S.R. No. 179 RESOLUTION NO. 10709 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR 7225 1st AVENUE This resolution appears as Resolution No. 10709. C. Item moved to be considered separately as Item No. 5 D. Consideration of approval of resolution authorizing amendment of Mn/DOT Agreement No. 93492 accepting additional funds in amount of$20,000 to be used for preliminary engineering on West Connection and East Connection Bicycle Route Project S.R. No. 181 RESOLUTION NO. 10711 RESOLUTION AUTHORIZING AMENDMENT OF AGENCY AGREEMENT NO. 93492 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD ACCEPTING ADDITIONAL FUNDS FOR PRELIMINARY ENGINEERING IN THE AMOUNT OF $20,000 FOR FEDERAL PARTICIPATION IN TWO NON-MOTORIZED TRANSPORTATION PILOT PROGRAM PROJECTS This resolution appears as Resolution No. 10711. E. Consideration of approval of renewal of contract with Chief's Towing, Inc., 8610 Harriet Avenue, Bloomington, MN., for Public Safety towing services from December 1, 2012 through November 30, 2013 S.R. No. 182 F. Consideration of approval of award of contract to Plunkett's Pest Control to furnish and install netting to underside of picnic shelter roof located in Veterans Park in amount of $11,420 plus applicable sales tax S.R. No. 183 G. Consideration of approval of continuation of agreement with City of Bloomington for food inspection services for Richfield for 2013 S.R. No. 184 H. Consideration of approval of public health and environmental health mutual aid agreement S.R. No. 185 I. Consideration of approval of request for temporary on-sale intoxicating liquor license for Church of St. Richard, 7540 Penn Avenue, for annual November Fest on November 10 and 11, 2012 S.R. No. 186 M/Goettel, S/Sandahl to approve the Consent Calendar as amended. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Former Item #4C - Consideration of approval of resolution authorizing City of Richfield to enter into agreement#96150 for installation and maintenance of railroad crossing signals at intersection of West 70th Street with railroad tracks of Progressive Rail, Inc. in Richfield S.R. No. 180 Council Member Wroge presented Staff Report No. 180. Council Meeting Minutes -6- October 23,2012 Mr. Wroge questioned why the signal installation was necessary when stop signs were already there. He stated he believed this to be a waste of funds for the minimal use of this railroad track. He suggested action on this resolution be postponed to allow time to obtain information on the accident data at this site. Public Works Director Eastling explained the federal funds are allocated to the highest risk sites and this location was determined to be eligible. Council Member Elliott stated that he believed the funds were allocated and need to be spent or lost. Council Member Fitzhenry stated that while he was a Richfield Police Officer, he was called to accidents at this site and supported the installation of the signals. M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10710 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO AGREEMENT #96150 FOR THE INSTALLATION AND MAINTENANCE OF RAILROAD CROSSING SIGNALS AT THE INTERSECTION OF W. 70TH STREET WITH THE TRACKS OF THE PROGRESSIVE RAIL, INC. Motion carried 3-1 (Elliott oppose, Wroge abstain). This resolution appears as Resolution No. 10710. Item #7 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO CITY ADMINISTRATIVE CODE CHAPTER III, SECTION 310 (ADMINISTRATIVE; HUMAN RESOURCES) REPEALING CERTAIN PROVISIONS S.R. NO. 187 Mayor Goettel presented Staff Report No. 187. M/Goettel, S/Wroge that this constitutes the second reading of Bill No. 2012-15 approving an amendment to City Administrative Code Chapter III, Section 310 (Administrative; Human Resources) repealing certain provisions. Motion carried 5-0. Item #7 CONSIDERATION OF RESOLUTION SUPPORTING RICHFIELD PUBLIC SCHOOL DISTRICT 280 LEVY REFERENDA S.R. NO. 188 Mayor Goettel presented Staff Report No. 188. M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10712 RESOLUTION SUPPORTING RICHFIELD PUBLIC SCHOOL DISTRICT 280 LEVY REFERENDA Council Meeting Minutes -7- October 23,2012 Motion carried 5-0. This resolution appears as Resolution No.10712. Item #8 CONSIDERATION OF APPOINTMENTS TO FILL YOUTH MEMBERSHIP TERMS ON CITY'S ADVISORY COMMISSIONS S.R. NO. 189 Council Member Sandahl presented Staff Report No. 189. M/Sandahl, S/Goettel to appoint the following youth commission members: ADVISORY BOARD OF HEALTH Name Term Expires Derek Mattson August 31, 2013 FRIENDSHIP CITY COMMISSION Name Term Expires Eric Melendez August 31, 2013 Motion carried 5-0. Item #9 CONSIDERATION OF CITY COUNCIL'S CONFIRMATION OF MAYOR'S APPOINTMENT OF HRA COMMISSIONER FOR FIVE-YEAR TERM COMMENCING OCTOBER 23, 2012 AND EXPIRING OCTOBER 23, 2017 S.R. NO. 190 Mayor Goettel presented Staff Report No. 190. M/Goettel S/Sandahl to reappoint Doris Rubenstein as Housing and Redevelopment Authority Commissioner for a five-year term. Motion carried 5-0. Item #10 CITY MANAGER'S REPORT None. Item #11 CLAIMS AND PAYROLLS M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 10/23/12 NP Checks: 216936-217334 $ 1,615,183.55 Payroll: 87511-87835 $ 527,341.25 TOTAL $ 2,142,524.80 Motion carried 5-0. Council Meeting Minutes -8- October 23,2012 OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:16 p.m. Date Approved: November 13, 2012 Ek. )42/8-6,4` /ft/ Debbie Goettel erim, Cheryl K mho Pam Dmytrenk.4 Executive Coordinator Acting City Manager