08-13-12 Regular CITY COUNCIL MEETING MINUTES
4 Richfield, Minnesota
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Regular Meeting
August 13, 2012
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue
Sandahl.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Todd Sandell, Public Safety
Director; Wayne Kewitsch, Fire Services Director; Chris Regis, Finance
Manager; Karen Barton, Acting Community Development Manager; Chris
Link, Operations Superintendent; 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/Elliott to approve the minutes of(1) Regular City Council Meeting of July 24,
2012.
Motion carried 5-0.
Item #1 RECOGNITION OF DAVID, BRAD AND SAM SCHRICK (COUNCIL MEMO
NO. 93)
Mayor Goettel and Fire Services Director Kewitsch presented certificates of recognition to
David, Brad and Sam Schrick for their heroic efforts during a fire at a neighbor's home.
Council Meeting Minutes -2- August 13,2012
Item #2 PRESENTATION OF 2012 LANDSCAPE GOOD NEIGHBOR AWARD
WINNERS (COUNCIL MEMO NO. 94)
Mayor Goettel and Acting Community Development Director Barton presented the following
awards:
The following residents are the winners of the "Best Overall Garden":
• Joe Krzyzankiak— 1920 76th Street W
• Deb Kelly—6415 Wentworth Avenue
• Jim & Julie Miller—6514 Irving Avenue
The following residents are the winners of the "Best Overall Landscaping":
• Hiller George Hibbard —7301 1st Avenue
• Dale Kenney— 7439 14th Avenue
• Marilyn Hill —7445 Girard Avenue
Item #3 COUNCIL DISCUSSION
• DESIGNATION OF CITY COUNCIL ATTENDANCE AT NATIONAL
LEAGUE OF CITIES CONGRESS OF CITIES AND EXPOSITION;
NOVEMBER 28 — DECEMBER 1; BOSTON, MA
• HATS OFF TO HOMETOWN HITS
The City Council suggested Council Members Fitzhenry and Elliott determine which one of
them should attend the NLC Conference. They also suggested City Manager Devich considered
attending.
The City Council acknowledged the success of the August 7 Night to Unite event.
Mayor Goettel announced the Lyndale Garden Center Farmers Market on August 16.
Council Member Elliott discussed the Planning Commission walking tour of the Lakes at
Lyndale.
Council Member Wroge expressed concern regarding a recent newspaper article on
population changes in the west metro and Richfield projected growth.
Council Member Wroge questioned how the dead sod and weeds on the north side of the
76th Street trail are going to be handled.
Public Works Director Eastling explained maintenance of new sod along the curb is a
chronic problem and will continue to be monitored to determine if it is dormant as well as stay in
contact with the neighbors.
Council Member Wroge stated if the July 4 carnival does not return, the City should
consider taking up the financial gap in the General Fund to help the Fourth of July Committee
defray costs.
Recreation Services Topitzhofer explained there is a formal evaluation process with the
conclusion presented to the Fourth of July Committee and changes discussed.
Council Member Wroge suggested the Neighborhood Property Maintenance Program be
reinstated for six months (May— October) and funds be put back in the General Fund. He added
that it is obvious property maintenance is going in the wrong direction again.
City Manager Devich responded that the program ended in 2009 and staff is still doing
proactive inspections, just not the systematic inspections.
Council Meeting Minutes -3- August 13,2012
Council Member Sandahl requested Consent Calendar Item #5G be removed for separate
consideration.
The City Council acknowledged the success of the recent Urban Wildland 5K and Half
Marathon races.
Council Member Wroge questioned all the vehicles parked on the street by the post office.
Acting Community Development Director Barton explained the postal delivery vehicles are
parked at Lyndale Garden Center and the vehicles on the street are postal employees.
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed Consent Calendar Items 5C & 5G for separate consideration as
Item #6.
M/Wroge, S/Fitzhenry to approve the agenda as amended.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. Consideration of approval of modification in cellular telephone antenna facilities at Logan
Avenue and Penn Avenue water tower sites by T-Mobile S.R. No. 135
B. Consideration of approval of transfer of funds to close out certain capital project funds S.R.
No. 136
C. Item moved to be considered separately as Item#6.
D. Consideration of approval of temporary on-sale intoxicating liquor license for Church of St.
Peter, 6730 Nicollet Avenue, Pig Roast event on August 18, 2012 S.R. No. 138
E. Consideration of approval of temporary on-sale intoxicating liquor license for Church of St.
Peter, 6730 Nicollet Avenue, annual Fall Festival on September 28, 29 and 30, 2012 S.R.
No. 139
F. Consideration of approval of new lawful gambling license for Richfield Lions Club to
conduct gambling activities at The Frenchman's, 1400 East 66th Street, with resolution
approving gambling activity requested by applicant S.R. No. 140
RESOLUTION NO.10691
RESOLUTION GRANTING APPROVAL FOR RICHFIELD LIONS CLUB
TO CONDUCT LAWFUL GAMBLING
This resolution appears as Resolution No. 10691.
G. Item moved to be considered separately as Item #6.
H. Consideration of approval of bid minutes and tabulation and award of contract to Castrejon,
Inc. for construction of fiber optic network to connect Lyndale and Wine & Spirits liquor
stores and Wood Lake Nature Center to City's existing fiber network in amount of$149,295
S.R. No. 142
M/Goettel, S/Wroge to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Council Meeting Minutes -4- August 13,2012
Former Item #5C - Consideration of approval of first reading of ordinance amending
Subsection 601.25 of Richfield City Code relating to storage of garbage, refuse and
recyclable containers and scheduling second reading for September 11, 2012 S.R. No. 137
Mayor Goettel presented Staff Report No. 137.
City Attorney Heine explained the revised language in the ordinance.
The City Council requested visual diagrams related to the placement be included at the
second reading.
M/Fitzhenry, S/Wroge to approve first reading of ordinance amending Subsection 601.25 of
Richfield City Code relating to storage of garbage, refuse and recyclable containers and scheduling
second reading for September 11, 2012.
Motion carried 5-0.
Former Item #5G -Consideration of approval of first reading of ordinance authorizing
capital improvement project for renovation of Fire Station 2 pursuant to Richfield City
Charter Section 8.04 and scheduling public hearing and second reading for September 11,
2012 S.R. No. 141
Council Member Sandahl presented Staff Report No. 141.
Council Member Sandahl suggested Fire Station No. 2 be renamed to Richfield Penn
Central Station No. 2 to help establish the Penn Central area.
Fire Services Director Kewitsch explained the renaming may take away its identity and
ownership of the station because it serves the entire community not just that area. He added
geography and response time are essential to the fire stations.
Council Member Elliott stated he did not see the renaming as a problem.
The City Council directed staff to research the pros and cons of renaming the fire station
and include the findings at second reading.
M/Sandahl, S/Goettel to approve first reading of ordinance authorizing capital improvement
project for renovation of Fire Station 2 pursuant to Richfield City Charter Section 8.04 and
scheduling public hearing and second reading for September 11, 2012.
Motion carried 5-0.
Item #7 PUBLIC HEARING AND CONSIDERATION OF:
• SECOND READING OF ORDINANCE GRANTING CABLE TELEVISION
FRANCHISE TO COMCAST OF ARKANSAS/FLORIDA/LOUISIANA/
MINNESOTA/MISSISSIPPI/TENNESSEE, INC.; AND
• SECOND READING OF ORDINANCE REPEALING RICHFIELD CITY
CODE SECTION 726; AND
• RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE GRANTING CABLE TELEVISION FRANCHISE S.R. NO.
143
Mayor Goettel presented Staff Report No. 143.
Brian Grogan, SWSCC Attorney, outlined the negotiation process and key provisions,
including the Public Educational Governmental (PEG) channels, and the public access studio
operation changes and closure the end of August if the ordinance is approved.
Council Meeting Minutes -5- August 13,2012
Mr. Grogan continued that there may have been a failure in providing adequate notification
to the public access studio users and if the City directed, he could try to arrange a temporary
solution for the short term to allow time for a long term solution related to the proposed changes.
Mayor Goettel asked if the public hearing could be continued to allow time to reach a quick
conclusion to address the gap in the PEG studio closure and finding an option for the local
producers.
City Manager Devich responded he did not believe continuing the public hearing would be
in the best interest of the City and explained the cost benefit perspective of the proposed franchise
agreement. He added negotiations for a studio are underway.
Council Member Elliott stated the PEG studio is a value to the community and an important
part of negotiations.
Mr. Grogan explained Comcast's refusal to maintain the studio.
Ahmed Tharwat, Minnetonka resident and producer and host of"BelAhdan," stated he was
disheartened with the studio closing because public access is important.
Phil Mortenson, 7028 Oakland Avenue, producer of"Republican Roundtable" expressed his
concern regarding the lack of notice of the public access studio closing.
Pam Scherling, 4925 West End Lane, Minnetonka, "Democratic Visions," stated public
access is needed and requested approval be delayed until the public access and studio are in
place.
John Wexler, 8040 Mississippi Lane, Brooklyn Park, stated public access is important and
suggested collaboration.
Lisa Butts, PO Box 24621, Edina, producer and host of"Let's Learn to Get Along,"
questioned why the studio was being closed.
Jeff Strate, 15021 Summerhill Drive, Eden Prairie, producer of"Democratic Vision,"
requested the contract not be approved until the SWSCC cities are in accord and that another
public hearing be held because of the public access issues.
Robert Hall, 7309 Oliver Avenue, expressed concern the number of PEG viewers was not
determined and the lack of communication preceding this decision.
M/Wroge, S/Elliott to close public hearing.
Motion carried 5-0.
Mayor Goettel stated the priority is to find a solution to the gap in PEG and information be
provided to the City Council and the local access producers.
Council Member Elliott agreed that there should be a seamless transition.
Council Member Fitzhenry agreed the communities need to come together to fix this gap
quickly.
Mr. Grogan explained the survey was conducted by Holly Hanson Consulting and followed
the scope of service drafted by the SWSCC. He added the concerns expressed this evening were
similar to the other cities in SWSCC.
Council Member Wroge stated he supported the proposed franchise but local access
should be resolved soon.
Council Meeting Minutes -6- August 13,2012
M/Elliott, S/Sandahl that this constitutes the second reading of Bill No. 2012-10 approving
ordinance granting cable television franchise to Comcast of Arkansas/Florida/Louisiana/Minnesota/
Mississippi/Tennessee, Inc.; and that this constitutes the second reading of Bill No. 2012-11
repealing Richfield City Code Section 726; that they be published in the official newspaper and that
they be made part of these minutes, and that the following resolution be adopted and that it be
made part of these minutes:
RESOLUTION NO.10682
RESOLUTION APPROVING SUMMARY PUBLICATION
OF ORDINANCE NO. 2012-10
Motion carried 5-0. This resolution appears as Resolution No. 10682.
Item #8 PUBLIC HEARING REGARDING RESOLUTION APPROVING CONDITIONAL
USE PERMIT FOR FULL-SERVICE RESTAURANT AT 6439 LYNDALE AVENUE
S.R. NO. 144
Council Member Elliott presented Staff Report No. 144.
Bruce Hinks, HNC Properties, Inc., owner, described the proposed restaurant.
M/Wroge, S/Goettel to close public hearing.
Motion carried 5-0.
M/Elliott, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO.10683
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FULL-SERVICE
RESTAURANT AT 6439 LYNDALE AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 10683.
Item #9 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL
ASSESSMENT ROLL FOR REMOVAL OF DISEASED TREES FROM PRIVATE
PROPERTY FOR WORK ORDERED IN 2011 S.R. NO. 145
Council Member Sandahl presented Staff Report No. 145.
M/Wroge, S/Sandahl to close public hearing.
Motion carried 5-0.
M/Sandahl, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO.10684
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2011 TO DECEMBER 31, 2011
Motion carried 5-0. This resolution appears as Resolution No. 10684.
Council Meeting Minutes -7- August 13,2012
Item #10 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL
ASSESSMENT ROLLS FOR 2011 MAINTENANCE SERVICES AND
RESOLUTION ORDERING CURRENT 2013 MAINTENANCE SERVICES, 77TH
STREET MAINTENANCE DISTRICT S.R. NO. 146
Council Member Fitzhenry presented Staff Report No. 146.
Tim Carter, 400 West 78th Street, Richfield-Bloomington Honda, questioned how the
percentage of assessment was determined and if the maintenance services rates were
competitive. He also requested an itemization of the services provided for his properties.
M/Wroge, S/Goettel to close public hearing.
Motion carried 5-0.
M/Fitzhenry, S/Sandahl that the following resolutions be adopted and that they be made
part of these minutes:
RESOLUTION NO.10685
RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE
PERIOD JANUARY 1, 2011 - DECEMBER 31, 2011
This resolution appears as Resolution No. 10685.
RESOLUTION NO.10686
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA JANUARY 1, 2013 - DECEMBER 31, 2013
This resolution appears as Resolution No. 10686.
Motion carried 5-0.
Item #11 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL
ASSESSMENT ROLLS FOR 2011 MAINTENANCE SERVICES AND
RESOLUTION ORDERING CURRENT 2013 MAINTENANCE SERVICES;
LYNDALE/HUB/NICOLLET MAINTENANCE DISTRICT S.R. NO. 147
Council Member Wroge presented Staff Report No. 147.
M/Wroge, S/Goettel to close public hearing.
Motion carried 5-0.
M/Wroge, S/Fitzhenry that the following resolutions be adopted and that they be made part
of these minutes:
RESOLUTION NO.10687
RESOLUTION ADOPTING ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1, 2011 THROUGH DECEMBER 31, 2011
This resolution appears as Resolution No. 10687.
Council Meeting Minutes -8- August 13,2012
RESOLUTION NO.10688
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1, 2013 THROUGH DECEMBER 31, 2013
This resolution appears as Resolution No. 10688.
Motion carried 5-0.
Item #12 CONSIDERATION OF RESOLUTION AWARDING SALE OF $2,150,000
GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 2012A
S.R. NO. 148
Mayor Goettel presented Staff Report No. 148.
Rebecca Kurtz, Ehlers and Associates, reviewed the bid process and recommended the
award to Baird of Milwaukee, Wisconsin for$2,120,000 with interest cost of 2.33%.
M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO.10689
RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION STREET
RECONSTRUCTION BONDS, SERIES 2012A, IN THE ORIGINAL AGGREGATE PRINCIPAL
AMOUNT OF $2,120,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR
EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT
Motion carried 5-0. This resolution appears as Resolution No. 10689.
Item #13 CONSIDERATION OF RESOLUTION AWARDING SALE OF $2,985,000
TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS,
SERIES 2012B S.R. NO. 149
Council Member Sandahl presented Staff Report No. 149.
Rebecca Kurtz, Ehlers and Associates, recommended the award to Raymond James and
Associates of Memphis, Tennessee for$2,970,000 with interest cost of 2.25%.
M/Sandahl, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO.10690
RESOLUTION AWARDING THE SALE OF TAXABLE GENERAL OBLIGATION TAX INCREMENT
REFUNDING BONDS, SERIES 2012B, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT
OF $2,970,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION
AND DELIVERY; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THEIR PAYMENT;
PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND
PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY
Motion carried 5-0. This resolution appears as Resolution No. 10690.
Item #14 CITY MANAGER'S REPORT
Council Meeting Minutes -9- August 13,2012
City Manager Devich announced:
• Friday, August 17 at 8 a.m. there is a Special Council Meeting in the Chambers to
canvass the primary election.
• Monday, August 20 at 5:45 p.m. there is a Special HRA/Council/Planning
Commission Worksession in the Bartholomew Room regarding housing policy and
vision followed by the 7 p.m. Regular HRA Meeting.
• Tuesday, August 28 Regular Council Meeting is canceled.
• Wednesday, September 5 at 6 p.m. there is a Special Council Meeting (budget.)
Item #15 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 08/13/12
NP Checks: 214948-215423 $ 1,715,914.81
Payroll: 85757-86129 $ 554,555.65
TOTAL $ 2,270,470.46
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 10:10 p.m.
Date Approved: September 11, 2012 //e //
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CITY OF RICHFIELD, MINNESOTA
Bid Opening
July 30, 2012
2:00 p.m.
Fiber Optic Network
Bid No. 12-05
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting
was to receive, open and read aloud, bids for Fiber Optic Network, as advertised in the
official newspaper on July 12, 2012.
Present: Nancy Gibbs, City Clerk
Sally Morton, IT Manager
Jack Israel, LOGIS Representative
Theresa Schyma, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name Bond Required Bid Alternative Alternative
Site 1 Bid Site 2 Bid
MP Nexlevel, LLC Provided $83,679.02 $68,745.64 $9,660.74
Maple Lake, MN
Michels Corporation Provided $87,981.24 $68,407.21 $ 8,421.24
Brownsville, WI
Castrejon, Inc. Provided $82,235.00 $59,000.00 $ 8,060.00
Blaine, MN
Underground Piercing, Inc. Provided $124,000.00 $109,000.00 $ 9,850.00
Rogers, MN
The City Clerk announced that the bids would be tabulated and considered at the
August 13, 2012 City Council Meeting.
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Nancy Gibbs City Clerk