05-28-13 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
May 28, 2013
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:02 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; and Edwina Garcia.
Member Absent: Pat Elliott.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety
Director; Wayne Kewitsch, Fire Services Director; Mike Dobesh, Assistant
Fire Chief; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City
Manager/HR Manager; Mary Tietjen, City Attorney; and Cheryl Krumholz,
Executive Coordinator.
M/Sandahl, S/Fitzhenry to excuse the absence of Council Member Elliott from the May 28,
2013 Special City Council Worksession and May 28, 2013 Regular City Council Meeting.
Motion carried 4-0.
OPEN FORUM
Patty Knights, 1016 West 66th Street, Richfield Dispatcher, spoke in support of continuing
the Richfield dispatch operations center.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Fitzhenry, S/Sandahl to approve the minutes of(1) Special City Council Meeting of May
14, 2013; (2) Special City Council Worksession of May 14, 2013; and (3) Regular City Council
Meeting of May 14, 2013.
Motion carried 4-0.
Council Meeting Minutes -2- May 28,2013
Item #1 PRESENTATION AND RECEIPT OF THE CITY OF RICHFIELD
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR
ENDED DECEMBER 31, 2012 S.R. NO. 93
Adrienne Mutzenberger, representative of the City's audit firm MMKR, made a presentation
on the 2012 Audit and 2012 Comprehensive Annual Financial Report.
M/Goettel, S/Fitzhenry to approve receipt of the City of Richfield Comprehensive Annual
Financial Report for fiscal year ended December 31, 2012.
Motion carried 4-0.
Item #2 PRESENTATION OF THE GOVERNMENT FINANCE OFFICERS ASSOCIATION
DISTINGUISHED BUDGET PRESENTATION AWARD TO FINANCE MANAGER
CHRIS REGIS
Mayor Goettel presented the budget award.
Item #3 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
The City Council acknowledged the success of the Memorial Day event at The Honoring All
Veterans Memorial.
Council Member Garcia announced the grand opening of the renovated Municipal Liquor
Store at 6400 Lyndale Avenue on May 31, 2013 at 3 p.m.
Council Member Fitzhenry provided a Noise Oversight Committee update.
Council Member Garcia announced that Congressman Keith Ellison is conducting a public
forum on May 30, 2013 at the Gramercy Park Co-op.
City Manager Devich displayed The Honoring All Veterans Memorial Challenge Coin.
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Goettel stated that Agenda Item No. 8 should be removed from the agenda.
M/Fitzhenry, S/Sandahl to approve the agenda, as amended.
Motion carried 4-0.
Item #5 CONSENT CALENDAR
A. Consideration of approval of continuing the public hearing to consider plat approval for
6330, 6400 and 6430 Lyndale Avenue (the former Lyndale Gardens Center and adjacent
commercial property to the north) to June 11, 2013 S.R. No. 94
B. Consideration of approval of a resolution modifying a Health Care Savings Plan for eligible
Management employees S.R. No. 95
Council Meeting Minutes -3- May 28,2013
RESOLUTION NO. 10793
RESOLUTION AMENDING THE POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR
MANAGEMENT EMPLOYEES
This resolution appears as Resolution No. 10793.
C. Consideration of approval of a resolution modifying a Health Care Savings Plan for eligible
International Union of Operating Engineers (IUOE), Local 49 bargaining unit employees S.R.
No. 96
RESOLUTION NO. 10794
RESOLUTION AMENDING THE POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 EMPLOYEES
This resolution appears as Resolution No. 10794.
D. Consideration of approval of a resolution authorizing a corrected certification of unpaid
water, sanitary sewer and storm sewer water service charges to the County Auditor S.R. No.
97
RESOLUTION NO. 10795
RESOLUTION AUTHORIZING A CORRECTED CERTIFICATION OF UNPAID WATER,
SANITARY SEWER AND STORM WATER SERVICE CHARGES TO THE COUNTY AUDITOR
TO BE COLLECTED WITH TAXES
This resolution appears as Resolution No. 10795.
E. Consideration of approval of a resolution authorizing a new four year contract to provide two
police officers as Juvenile Investigators/School Liaison Officers to School District#280 at
Richfield High School and Richfield Intermediate School, along with other schools in the
district as necessary S.R. No. 98
RESOLUTION NO. 10796
RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RICHFIELD/PUBLIC
SAFETY DEPARTMENT AND RICHFIELD SCHOOL DISTRICT#280 TO APPROVE SCHOOL
DISTRICT FUNDS TO PROVIDE TWO RICHFIELD POLICE OFFICERS AS SCHOOL LIAISON
OFFICERS AT THE RICHFIELD SENIOR HIGH SCHOOL AND THE RICHFIELD INTERMEDIATE
SCHOOL, AND OTHER SCHOOLS IN THE DISTRICT AS NECESSARY
This resolution appears as Resolution No. 10796.
F. Consideration of approval of scheduling a public hearing for June 11, 2013, for the
consideration of a new on-sale wine and 3.2 percent malt liquor licenses for The Noodle
Shop, Co. — Colorado, Inc., d/b/a Noodles & Company, 1732 East 66th Street, Richfield, MN
S.R. No. 99
M/Goettel, S/Garcia to approve the Consent Calendar.
Motion carried 4-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Council Meeting Minutes -4- May 28,2013
Item #7 PUBLIC HEARING REGARDING PROPOSED ORDINANCES TO AMEND
CERTAIN SECTIONS OF THE RICHFIELD CITY CHARTER:
• AN ORDINANCE RELATING TO CITY GOVERNMENT, MODIFYING AND
CLARIFYING PROCEDURES FOR INITIATIVE REFERENDUM AND
RECALL; ESTABLISHING PENALTIES FOR SPECIFIED ELECTION
MISCONDUCT; AMENDING SECTIONS 3.09, 5.01, 5.04, 5.05, 5.06, 5.07,
5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, AND 5.20; REPEALING
SECTION 5.02; AND ADDING A NEW SECTION 5.22 TO THE RICHFIELD
CITY CHARTER;
• AN ORDINANCE RELATING TO CITY CONTRACTS; AMENDING
SECTION 6.05 OF THE RICHFIELD CITY CHARTER;
• AN ORDINANCE RELATING TO EXPENDITURE OF PUBLIC FUNDS
FOR PUBLIC PURPOSES; AMENDING SECTION 7.01 OF THE
RICHFIELD CITY CHARTER;
• AN ORDINANCE RELATING TO CITY CONTRACTS; AMENDING
SECTION 8.04 OF THE RICHFIELD CITY CHARTER; CLARIFYING
CAPITAL IMPROVEMENT PROJECTS THAT REQUIRE A PUBLIC
HEARING; INCREASING MONETARY LIMITS S.R. NO. 100
Council Member Sandahl presented Staff Report No. 100.
M/Garcia, S/Fitzhenry to close the public hearing.
Motion carried 4-0.
Item #8 CONSIDERATION OF A SECOND READING OF AN ORDINANCE RELATED TO
THE PRIVATE USE OF BOULEVARDS AND UNOPENED RIGHTS-OF-WAY
AMENDING SECTION 811 OF THE RICHFIELD CITY CODE AND RESOLUTION
AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE S.R. NO. 101
This item was removed from the agenda.
Item #9 CONSIDERATION OF APPROVAL OF THE BID MINUTES/TABULATION AND
AWARD OF A CONTRACT FOR THE RENOVATION AND DESIGN OPTIONS OF
FIRE STATION #2 S.R. NO. 102
Mayor Goettel presented Staff Report No. 102.
Fire Services Director Kewitsch explained the alternate bids. He stated staff is requesting
Council direction on the increased costs related to Alternate 5 which would include the metal
facade and add the "Penn Central" neighborhood identification to the front of the fire station. If the
new façade is not included, there would not be an opportunity to add the neighborhood
identification because the apparatus bay entrance would not be modified.
M/Goettel, S/Sandahl to accept the bid minutes/tabulation and award of contract for
renovation of Fire Station #2 to Dering Pierson Group, LLC in the sum of$657,000.00 and add
alternates 1, 2, 3, 4, 5 and 7 in the amount of$145,560.00.
City Manager Devich explained the bid was not under the estimate but funding could be
provided.
Motion carried 4-0.
Council Meeting Minutes -5- May 28,2013
Item #10 CITY MANAGER'S REPORT
City Manager Devich announced the grand opening of the newly renovated Municipal
Liquor Store at 6400 Lyndale Avenue on Friday evening, May 31, and Saturday, June 1, 2013.
Item #11 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 05/28/13
A/P Checks: 221934-222295 $ 1,286,058.42
Payroll: 92655-92982 $ 583,662.19
TOTAL $ 1,869,720.61
Motion carried 4-0.
OPEN FORUM
Bernard Hurley, 6414-17th Avenue, thanked the Richfield dispatchers and encouraged the
City Council to continue the Richfield dispatching center.
Item #12 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN BABCOCK
CONFERENCE ROOM TO CONSIDER AN OFFER TO PURCHASE REAL
PROPERTY LOCATED AT 6414 - 17TH AVENUE AND TO HAVE AN ATTORNEY-
CLIENT DISCUSSION RELATED TO INITIATION OF LITIGATION TO ACQUIRE
REMAINING PROPERTIES INCLUDED IN THE RICHFIELD PARKWAY
IMPROVEMENT PROJECT THAT HAVE NOT YET CLOSED, INCLUDING THE
FOLLOWING: 6314 -17TH AVENUE; 6320 - 17TH AVENUE; 6408 - 17TH
AVENUE; 6426 - 17TH AVENUE; AND, 6344 - 17TH AVENUE
City Attorney explained attorney-client discussion was needed at the Closed Executive
Session. She added the City Council will return to the open meeting when the Closed Session
adjourns.
The City Council adjourned to the Closed Executive Session in the Babcock Conference
Room at 8:06 p.m.
The City Council Closed Executive Session was called to order by Mayor Goettel in the
Babcock Conference Room at 8:07 p.m.
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; and Edwina Garcia.
Member Absent: Pat Elliott.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Mike Eastling, Public Works Director; Jeff Pearson,
Transportation Engineer; Bob Lindahl, Kennedy & Graven; Mary Tietjen,
City Attorney; and Cheryl Krumholz, Executive Coordinator.
Others Present: Mark Storm, Evergreen Land Services Company, acquisition consultant.
Council Meeting Minutes -6- May 28,2013
The Closed Executive Session was convened pursuant to M.S. 13D.05
The Closed Executive Session was adjourned by unanimous consent in the Babcock
Conference Room at 8:54 p.m.
Item #13 RECONVENE REGULAR CITY COUNCIL MEETING IN COUNCIL CHAMBERS
The meeting was called to order by Mayor Goettel in the Council Chambers at 8:57 p.m.
Council Member Sandahl stated the City Council has considered the offer to purchase the
property located at 6414-17th Avenue.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10797
RESOLUTION APPROVING PURCHASE AGREEMENT FOR THE
RICHFIELD PARKWAY IMPROVEMENT PROJECT
Motion carried 4-0. This resolution appears as Resolution No. 10797.
Council Member Sandahl stated the City Council considered the acquisition of the
remaining properties included in the Richfield Parkway Improvement Project that have not yet
closed: Parcel 1, 6314— 17th Avenue; Parcel 2, 6320 — 17th Avenue; Parcel 7, 6408— 17th
Avenue; and Parcel 9, 6426— 17th Avenue.
M/Sandahl, S/Garcia that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10798
RESOLUTION AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL ESTATE FOR A PUBLIC PURPOSE
Motion carried 4-0. This resolution appears as Resolution No. 10798.
Community Development Director Stark explained the homeowners of the properties
included in this resolution have accepted the purchase agreements and condemnation is to
remove encumbrances from the mortgage holders. This is a friendly, not adversarial, situation with
the homeowners.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 9:00 p.m.
Date Approved: June 11, 2013 /
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D A e•ettel
Cheryl Kru hol eve L. Devich
Executive Coordinator City Manager