09-10-13 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
gec4Pzect 9 Regular Meeting
September 10, 2013
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:04 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; and Tom Fitzhenry.
Member Absent: Edwina Garcia
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
Todd Sandell, Public Safety Director; Jim Topitzhofer, Recreation Services
Director; John Stark, Community Development Director; Chris Regis,
Finance Manager; Julie Urban, Housing Specialist; Mary Tietjen, City
Attorney; and Cheryl Krumholz, Executive Coordinator.
M/Fitzhenry, S/Elliott to excuse Council Member Garcia from the September 10, 2013
Special City Council Worksession, Special Concurrent City Council and HRA Worksession and
Regular Council Meeting.
Motion carried 4-0.
OPEN FORUM
Mary Barnes, 7544 Bryant Avenue, expressed concerns regarding City code enforcement
notices she has received on property maintenance issues.
Alex Carlson, 1600-23rd Street NW 408, Bemidji, MN, Board of Directors of the Minnesota
Vapors Advocacy volunteer, expressed support for the regulation of tobacco sales, including
electronic cigarettes and requested the City Council welcome the e-cigarette establishment in
Richfield. (Consent Calendar Item No. 5K).
Nathan Affield, 8563 Lyndale Avenue, Bloomington, MN, Minnesota Vapors Advocacy
volunteer, expressed support for the growing industry of e-vaporizers. (Consent Calendar Item No.
5K).
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Council Meeting Minutes -2- September 10,2013
APPROVAL OF MINUTES
M/Fitzhenry, S/Sandahl to approve the minutes of the (1) Special City Council Meeting of
August 13, 2013; (2) Regular City Council Meeting of August 13, 2013; (3) Special Concurrent City
Council and HRA Worksession of August 19, 2013; and (3) Special City Council Meeting of August
28, 2013.
Motion carried 4-0.
Item #1 PRESENTATION BY JIM RUDOLPH REGARDING THE RICHFIELD BACK TO
SCHOOL 5K AND FUN RUN
Mr. Rudolph, Richfield Elementary PTO representative, announced the upcoming run as
part of the September 15, 2013 Open Streets at Penn Fest.
Item #2 PRESENTATION OF THE 2013 LANDSCAPE GOOD NEIGHBOR AWARD
WINNERS (COUNCIL MEMO NO. 80)
Mayor Goettel and Julie Urban, Housing Specialist, presented the awards.
Item #3 COUNCIL DISCUSSION
• CITY COUNCIL ATTENDANCE AT THE NATIONAL LEAGUE OF CITIES
CONGRESS OF CITIES IN SEATTLE, WA, NOVEMBER 13-16, 2013
• HATS OFF TO HOMETOWN HITS
The City Council consensus was to support Mayor Goettel and Council Member Sandahl
attending the NLC Conference, depending on their availability.
Mayor Goettel announced the Richfield Foundation Autumn Wine & Cheese Gathering on
October 10, 2013 at Woodlake Centre, 6625 Lyndale Avenue.
David Gepner was invited to announce the September 15, 2013 Open Street at Penn Fest
event.
Council Member Fitzhenry reported on the August 27 meeting held by Congressman Keith
Ellison on airport noise.
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Goettel moved Consent Calendar Item 5K to Item No. 6 for separate consideration.
M/Elliott, S/Fitzhenry to approve the agenda as amended.
Motion carried 4-0.
Item #5 CONSENT CALENDAR
A. Consideration of the approval of continuing the public hearing to September 24, 2013
regarding a resolution authorizing the City of Richfield to seek a $200,000 Minnesota
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Council Meeting Minutes -3- September 10,2013
Investment Fund loan from the MN Department of Employment and Economic Development
to assist Solera Corporation in locating in Richfield S.R .No. 165
B. Consideration of the approval of the appointment of the firm of Kern, DeWinter, Viere (KDV)
as the City's auditor for the financial reporting fiscal years 2013-2015 and authorize the City
Manager and Mayor to execute an agreement for such services S.R. No. 166
C. Consideration of the approval of the agreement to extend an easement as part of a site
lease agreement at 7401 Logan Avenue between the City of Richfield and Sprint Spectrum
L.P. S.R. No. 167
D. Consideration of the approval of a resolution declaring costs to be assessed and ordering
the preparation of the proposed assessment roll for weed elimination from private property
and removal or elimination of public health or safety hazards from private property and
setting the public hearing for October 8, 2013 S.R. No. 168
RESOLUTION NO. 10826
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
WEED ELIMINATION FROM PROVATE PROPERTY AND REMOVAL OR ELIMINATION OF
PUBLIC HEALTH OR SAFETY HAZARDS FROM PROVATE PROPERTY
This resolution appears as Resolution No. 10826.
E. Consideration of the approval of a resolution declaring costs to be assessed and ordering
preparation of the proposed assessment roll for unpaid false alarm user fees against private
property and setting the public hearing for October 8, 2013 S.R. No. 169
RESOLUTION NO. 10827
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PROVATE PROPERTY
This resolution appears as Resolution No. 10827.
F. Consideration of the approval of the first reading of an ordinance relating to the interest rate
for internal loans from the City's Permanent Improvement Revolving Fund; amending
Subsection 315.07 of the Richfield City Code S.R. No. 170
G. Consideration of the approval of hiring Kimley-Horn and Associates, Inc. to provide
preliminary engineering services for the Portland Avenue, between 67th and 77th Streets,
reconstruction project at a cost not to exceed $315,000 S.R. No. 171
H. Consideration of the approval of the bid minutes and tabulation and award of contract for the
water treatment plant soda ash feed system to Shank Constructors, Inc. in the amount of
$402,050 and authorize the City Manager to approve contract changes under$50,000
without further City Council action S.R. No. 172
I. Consideration of the approval of the first reading of an ordinance relating to hoarding as a
nuisance affecting public health S.R. No. 173
J. Consideration of the approval of the first reading of an ordinance relating to lawn
maintenance and prairie vegetation and declaring noxious weeds and inadequately
maintained vegetation to be a public nuisance S.R. No. 174
K. Moved to Item No. 6.
L. Consideration of the approval of a request for a temporary expansion of the licensed
premises for Lariat Lanes, 6320 Penn Avenue, to allow for the outside service of strong beer
on September 15, 2013 in connection with Richfield's Open Streets at Penn Fest event S.R.
No. 176
M. Consideration of the approval of a temporary parking lease agreement for Richfield
Bloomington Honda to use City-owned property at 7700 Pillsbury Avenue for employee
parking S.R. No. 177
N. Consideration of the approval of an agreement with Wold Architects to perform professional
services in the design of a locker room addition to the Ice Arena not to exceed $32,865
unless the City gives approval to expand the project S.R. No. 178
Council Meeting Minutes -4- September 10,2013
M/Goettel, S/Elliott to approve the Consent Calendar as amended.
Motion carried 4-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
Item 5K. Consideration of the approval of the first reading of an ordinance relating to
tobacco and regulation of nicotine or lobelia delivery devices and establishing
additional penalties for noncompliance S.R. No. 175
Council Member Sandahl presented Staff Report No. 175.
City Attorney Tietjen provided an explanation of`lobelia'.
M/Sandahl, S/Fitzhenry to approve the first reading of an ordinance relating to tobacco and
regulation of nicotine or lobelia delivery devices and establishing additional penalties for
noncompliance.
Motion carried 4-0.
Item #7 PUBLIC HEARING REGARDING A RESOLUTION ADOPTING THE
ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE
PROPERTY FOR WORK ORDERED FROM JANUARY 1, 2012 THROUGH
DECEMBER 31, 2012 S.R. NO. 179
Council Member Sandahl presented Staff Report No. 179.
M/Fitzhenry, S/Sandahl to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10828
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, 2012 TO DECEMBER 31, 2012
Motion carried 4-0. This resolution appears as Resolution No. 10828.
Item #8 PUBLIC HEARING REGARDING A RESOLUTION PROPOSING TO ASSESS
COMMERCIAL PROPERTIES IN THE 77TH STREET ASSESSMENT DISTRICT
FOR COSTS INCURRED TO MAINTAIN THE AREA FOR 2012 AND A
RESOLUTION PROPOSING A SIMILAR ASSESSMENT PROCESS TO BE
IMPLEMENTED FOR 2014 S.R. NO. 180
Council Member Sandahl presented Staff Report No. 180.
Public Works Director Eastling distributed and acknowledged receipt of the `Notice of
Protest' received from the Soo Line Railroad Company.
Council Meeting Minutes -5- September 10,2013
City Attorney Tietjen stated there were errors in the notice provided to the 77th Street
Assessment District and requested the City Council open the public hearing and continue it to
October 8, 2013.
The City Council opened the public hearing and then continued the public hearing to
October 8, 2013.
Item #9 PUBLIC HEARING REGARDING A RESOLUTION PROPOSING TO ASSESS
COMMERCIAL PROPERTIES IN THE LYNDALE/HUB/NICOLLET (LHN)
DISTRICT FOR COSTS INCURRED TO MAINTAIN THE AREA FOR 2012 AND A
RESOLUTION PROPOSING A SIMILAR ASSESSMENT PROCESS TO BE
IMPLEMENTED IN 2014 S.R. NO. 181
Council Member Elliott presented Staff Report No. 181.
M/Sandahl, S/Elliott to close the public hearing.
Motion carried 4-0.
M/Elliott, S/Sandahl that the following resolutions be adopted and that they be made part of
these minutes:
RESOLUTION NO. 10831
RESOLUTION ADOPTING ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1, 2012 THROUGH DECEMBER 31, 2012
This resolution appears as Resolution No. 10831.
RESOLUTION NO. 10832
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1, 2014 THROUGH DECEMBER 31, 2014
This resolution appears as Resolution No. 10832.
Motion carried 4-0.
Item #10 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE RELATED
TO STREET LIGHT BANNERS; APPROVE A RESOLUTION AUTHORIZING THE
SUMMARY PUBLICATION OF THE ORDINANCE; AND APPROVE PENN
CENTRAL'S STREET LIGHT BANNER PERMIT S.R. NO. 182
Council Member Elliott presented Staff Report No. 182.
M/Elliott, S/Sandahl that this constitutes the second reading of Bill No. 2013-17 related to
street light banners, that it be published in the official newspaper and that it be made part of these
minutes; to approve Penn Central's street light banner permit; and that the following resolution be
adopted and that it be made part of these minutes:
RESOLUTION NO. 10833
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2013-17
Motion carried 4-0. This resolution appears as Resolution No. 10833.
Council Meeting Minutes -6- September 10,2013
Item #11 CONSIDERATION OF A RESOLUTION GRANTING A SITE PLAN APPROVAL
FOR AN ADULT DAY CARE SERVING UP TO 29 PERSONS AT 6722 PENN
AVENUE S.R. NO. 183
Council Member Fitzhenry presented Staff Report No. 183.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10834
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN TO ALLOW A
COMMERCIAL DAY CARE FACILITY AT 6722 PENN AVENUE
Motion carried 4-0. This resolution appears as Resolution No. 10834.
Item #12 CONSIDERATION OF THE ACCEPTANCE OF THE BID MINUTES/TABULATION
AND AWARD OF CONTRACT TO AAA STRIPING SERVICES IN THE AMOUNT
OF $266,280.88 FOR THE EAST ROUTE (BLOOMINGTON AVENUE) PORTION
OF THE FEDERAL BIKEWAYS PROJECT S.R. NO. 184
Council Member Fitzhenry presented Staff Report No. 184.
Public Works Director Eastling explained the costs are mostly product driven due to special
thermal striping.
M/Fitzhenry, S/Sandahl to approve the bid minutes/tabulation and award the contract to
AAA Striping Services in the amount of$266,280.88 for the east route (Bloomington Avenue)
portion of the Federal Bikeways Protect.
Motion approved 4-0.
Item #13 CONSIDERATION OF THE 2013 REVISED/2014 PROPOSED BUDGET
RESOLUTIONS ADOPTING THE 2014 PRELIMINARY PROPERTY TAX LEVY,
SETTING THE TRUTH IN TAXATION HEARING DATE, AUTHORIZING BUDGET
REVISIONS, AND AUTHORIZING REVISION OF THE 2013 BUDGET OF
VARIOUS DEPARTMENTS S.R. NO. 185
Mayor Goettel presented Staff Report No. 185.
Mayor Goettel stated the 2014 preliminary gross tax levy is a 1.51% increase over the prior
year. The Truth in Taxation meeting is scheduled for December 3, 2013 at 6 p.m.
M/Goettel, S/Sandahl that the following resolutions be adopted and that they be made part
of these minutes:
RESOLUTION NO. 10835
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2014
This resolution appears as Resolution No. 10835.
Council Meeting Minutes -7- September 10,2013
RESOLUTION NO. 10836
RESOLUTION AUTHORIZING BUDGET REVISIONS
This resolution appears as Resolution No. 10836.
RESOLUTION NO. 10837
RESOLUTION AUTHORIZING REVISION OF 2013 BUDGET OF VARIOUS DEPARTMENTS
This resolution appears as Resolution No. 10837.
Motion carried 4-0.
Item #14 CITY MANAGER'S REPORT
City Manager Devich suggested the City Council consider selecting a date to interview HRA
applicants.
The City Council requested that when the recruitment ends on October 4, 2013, staff notify
them of the number of applicants which will assist in determining the date for interviews.
Item #15 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 08/27/13
NP Checks: 224354 - 224689 $ 804,853.74
Payroll: 94846— 95214; 42170 $ 616,648.38
TOTAL $ 1,421,502.12
U.S. Bank 09/10/13
NP Checks: 224690 -225030 $ 1,653,520.98
Payroll: 95215 —95583 $ 608,466.37
TOTAL $ 2,261,987.35
Motion carried 4-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:06 p.m.
Date Approved: September 24, 2013.
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Executive Coordinator City Manager