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06-11-13 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota ge64#eed Re ular Meetin 9 Meeting June 11 , 2013 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; Sue Sandahl; Tom Fitzhenry; and Edwina Garcia. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Todd Sandell, Public Safety Director; Wayne Kewitsch, Fire Services Director; Bill Fillmore, Liquor Operations Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; Melissa Poehlman, City Planner; Bob Voss, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Helmut Wenshau, 7621 Xerxes Avenue, deferred speaking until the City Council discussed the dispatching item. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Garcia, S/Sandahl to approve the minutes of(1) Special City Council Worksession of May 28, 2013; and (2) Regular City Council Meeting of May 28, 2013. Motion carried 5-0. Item #1 PRESENTATION OF CITY OF RICHFIELD KEY FINANCIAL STRATEGIES Finance Manager Regis presented the Key Financial Strategies, including the Financial Management Plan and the Capital Financing Plan. Council Meeting Minutes -2- June 11,2013 City Manager Devich discussed local government aid, the tax levy and impacts of fiscal disparities. Item #2 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 Sandahl announced the upcoming July 4 events. Council Member Garcia announced the Latino Affairs Council will be visiting Richfield in August or September to seek input from residents. Item #3 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Garcia to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of the first reading of a transitory ordinance vacating Harriet Avenue street right-of-way between 77th Street West and 78th Street West and schedule the public hearing and second reading for June 25, 2013 S.R. No. 103 B. Consideration of approval of the first reading of an ordinance amending Appendix 1 of the Richfield City Code to change the zoning designation of the following properties from Mixed Use—Regional (MU-R) to Planned Mixed Use (PMU): 401-77th Street West, 501-77th Street West, 7724 Harriet Avenue, 400-78th Street West, 500-77th Street West, and 520- 78th Street West S.R. No. 104 C. Consideration of approval of a resolution declaring adoption by the City of the Ten Performance Measures and Performance Measure System as development by the Council on Local Results and Innovation S.R. No. 105 RESOLUTION NO. 10799 RESOLUTION ADOPTING AND IMPLEMENTING MODEL PERFORMANCE MEASURES FOR CITIES AS ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION, CREATING A COMPREHENSIVE PERFORMANCE MEASUREMENT SYSTEM, REPORTING THE RESULTS OF SUCH REPORT TO THE LOCAL PUBLIC, AUHTORIZING THE SURVEY OF RESIDENTS, AND REPORTING RESULTS TO THE OFFICE OF THE STATE AUDITOR This resolution appears as Resolution No. 10799. D. Consideration of approval of a request for a new taxi license for 10/10 Taxi MN, LLC, d/b/a 10/10 Taxi, 4500 Glumack Dr., Suite 1300, St. Paul, MN S.R. No. 106 M/Goettel, S/Elliott to approve the Consent Calendar. Motion carried 5-0. Council Meeting Minutes -3- June 11,2013 Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #6 PUBLIC HEARING REGARDING THE ISSUANCE OF NEW ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES WITH OUTSIDE SERVICE FOR THE NOODLE SHOP, CO.-COLORADO, INC., D/B/A NOODLES & COMPANY, 1732 EAST 66TH STREET, RICHFIELD, MN S.R. NO. 107 Council Member Fitzhenry presented Staff Report No. 107. M/Fitzhenry, S/Sandahl to close the public hearing. Motion carried 5-0. M/Fitzhenry, S/Sandahl to approve the issuance of new on-sale wine and 3.2 percent malt liquor licenses with outside service for The Noodle Shop, Co.-Colorado, Inc., d/b/a Noodles & Company, 1732 East 66'n Street, Richfield, MN. Motion carried 5-0. Item #7 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO OBTAIN MINNESOTA INVESTMENT FUND LOAN FROM THE MN DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) IN THE AMOUNT OF $550,000 AND LOAN SUCH FUNDS TO PINNACLE AIRLINES CORPORATION S.R. NO. 108 Council Member Elliott presented Staff Report No. 108. M/Goettel, S/Fitzhenry to close the public hearing. Motion carried 5-0. M/Elliott, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10800 RESOLUTION REGARDING LOCAL GOVERNMENT ECONOMIC DEVELOPMENT PROGRAM Motion carried 5-0. This resolution appears as Resolution No. 10800 Item #8 CONSIDERATION OF A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT, CONDITIONAL USE PERMIT AND FINAL DEVELOPMENT PLAN TO CONSTRUCT A 25,000 SQUARE FOOT GROCERY STORE (LAKEWINDS NATURAL FOODS) IN COORDINATION WITH THE ADJACENT (NORTH) MIXED USE DEVELOPMENT (LYNDALE GARDENS) S.R. NO. 109 Council Member Sandahl presented Staff Report No. 108. Council Meeting Minutes -4- June 11,2013 City Planner Poehlman summarized the key points of the required findings related to the proposed Lakewinds development as a stand-alone site. Ms. Poehlman recommended the City Council approve a revised resolution that strikes out the sixth bullet in Section 3 that references the final building plans/elevations because the revised rendering meet the requirement and intent. Dale Woodbeck, Lakewinds Natural Foods, discussed the project. M/Sandahl, S/Fitzhenry that the following revised resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10801 RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 6400 AND 6430 LYNDALE AVENUE Motion carried 5-0. This resolution appears as Resolution No. 10801 Item #9 PUBLIC HEARING REGARDING A RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 6330, 6400 AND 6430 LYNDALE AVENUE S.R. NO. 110 Council Member Garcia presented Staff Report No. 110. Colleen Carey, The Cornerstone Group, stated the project is moving in the direction that was anticipated from the beginning. M/Goettel, S/Fitzhenry to close the public hearing. Motion carried 5-0. M/Garcia, S/Elliott that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10802 RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 6330, 6400 AND 6430 LYNDALE AVENUE (LYNDALE GARDENS) Motion carried 5-0. This resolution appears as Resolution No. 10802 Item #10 CONSIDERATION OF THE FUTURE OF RICHFIELD DISPATCHING SERVICES S.R. NO. 111 Mayor Goettel presented Staff Report No. 111. City Manager Devich explained that LOGIS has indicated Richfield will not have to make a decision until mid-July on the purchase of the new LOGIS CAD/RMS system software. This will allow time to get a proposal from the City of Bloomington and perhaps the City of Edina. Mr. Devich stated that since the City now has more time, the City Council could decide tonight to deny, approve or delay their decision. He acknowledged it is a complex and difficult policy decision with emotional and rational financial aspects. Mr. Devich suggested the City Council visit the Hennepin County, Bloomington and Edina dispatching facilities and also talk with the communities who have consolidated the service. Council Meeting Minutes -5- June 11,2013 Chief Mike Reynolds, Hopkins Police Department, discussed the City of Hopkins transition to Hennepin County dispatching. Major Darrell Huggett, Hennepin County Sheriff's Office, discussed the County's new facility and the transition process, including staffing. City Manager Devich stated that Hennepin County Commissioner Randy Johnson indicated the County has no intention in the near future to charge cities for this service. Mayor Goettel stated that the residents have a voice in this decision and if Richfield moves forward with Hennepin County, there will be no going back. Council Member Garcia stated that Bloomington and Edina have a healthy tax base so it is difficult to compare the cost of providing the service. Fire Services Director Kewitsch stated that fire response time data indicates that the Hennepin County service will be comparable to Richfield's. Council Member Fitzhenry recommended delaying a decision until all the information is available and resident input is obtained. Mayor Goettel agreed and encouraged residents to provide their comments. M/Goettel, S/Fitzhenry to delay the purchase of the CAD Records Management System through LOGIS. Motion carried 5-0. Item #11 PUBLIC HEARING REGARDING AN ORDINANCE RELATED TO MUNICIPAL ELECTIONS, AMENDING SECTIONS 4.01 AND 4.07 OF THE RICHFIELD CITY CHARTER AND APPROVE SECOND READING OF EACH OF THE FOLLOWING ORDINANCES: • AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS, AMENDING SECTIONS 4.01 AND 4.07 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. 112 Council Member Garcia presented Staff Report No. 112. M/Fitzhenry, S/Sandahl to close the public hearing. Motion carried 5-0. Council Meeting Minutes -6- June 11,2013 M/Garcia, S/Sandahl that this constitutes the second reading of Bill No. 2013-6 amending Sections 4.01 and 4.07 of the Richfield City Charter relating to municipal elections, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. M/Garcia, S/Goettel that this constitutes the second reading of Bill No. 2013-7 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 modifying and clarifying procedures for initiative referendum and recall and establishing penalties for specified election misconduct, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. M/Garcia, S/Sandahl that this constitutes the second reading of Bill No. 2013-8 amending Section 6.05 of the Richfield City Charter relating to City contracts, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. M/Garcia, S/Goettel that this constitutes the second reading of Bill No. 2013-9 amending Section 7.01 of the Richfield City Charter relating to expenditure of public funds for public purposes, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. M/Garcia, S/Fitzhenry that this constitutes the second reading of Bill No. 2013-10 amending Section 8.04 of the Richfield City Charter relating to City contracts, clarifying capital improvement projects that require a public hearing and increasing monetary limits, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #12 CONSIDERATION OF THE 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 A RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTION 811 S.R. NO. 113 Mayor Goettel presented Staff Report No. 113. M/Goettel, S/Garcia that this constitutes the second reading of Bill No. 2013-11 amending Section 811 of the Richfield City Code related to the private use of boulevards and unopened rights-of-way, that it be published in the official newspaper and that it be made part of these minutes and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10803 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTION 811 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO PRIVATE USE OF BOULEVARDS AND UNOPENED RIGHTS-OF-WAY Motion carried 5-0. This resolution appears as Resolution No. 10803 Council Meeting Minutes -7- June 11,2013 Item #13 CONSIDERATION OF A RESOLUTION APPROVING THE PROVISIONS OF THE 2013 LABOR AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 BARGAINING UNIT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT S.R. NO. 114 Council Member Elliott presented Staff Report No. 114. M/Elliott, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10804 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2013 Motion carried 5-0. This resolution appears as Resolution No. 10804 Item #14 CONSIDERATION OF APPOINTMENT TO A CITY ADVISORY COMMISSION S.R. NO. 115 Council Member Sandahl presented Staff Report No. 115. M/Sandahl, S/Goettel to make the following appointments: ADVISORY BOARD OF HEALTH Name Term Expires Nicholas Eyvindsson January 31, 2015 ARTS COMMISSION Name Term Expires Kristine Widboom January 31, 2016 Motion carried 5-0. Item #15 CITY MANAGER'S REPORT None. Item #16 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 06/11/13 A/P Checks: 222296-222646 $ 1,287,449.48 Payroll: 92983— 93346; 42160 $ 585,752.87 TOTAL $ 1,873,202.35 Motion carried 5-0. Council Meeting Minutes -8- June 11,2013 OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:54 p.m. Date Approved: June 25, 2013 /r:a • �•j�oettel ehLe Cheryl K rmhol ev= . Devi h Executive Coordinator City anager