02-11-14 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
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February 11 , 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Edwina Garcia; Sue Sandahl; Pat Elliott, and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; John Stark; Community Development
Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety
Director; Jim Topitzhofer, Recreation Services Director; Jeff Pearson,
Transportation Engineer; Pam Dmytrenko, Assistant City Manager; Mary
Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
Mac Walters, 2626 East 82nd Street, Bloomington, MN, owner of 6821 Cedar Avenue,
addressed the City Council regarding locating a residential home care for elderly adults facility at
this location. He stated there are zoning issues that he hopes will be on a future City Council
agenda to discuss potential zoning changes.
Roger Ose, 6824-10th Avenue, addressed the City Council with concerns regarding having
multiple garbage truck traffic and street damage. He suggested one garbage truck contractor.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Garcia, S/Fitzhenry to approve the minutes of the (1) Special City Council Worksession
of January 28, 2014; (2) Regular City Council Meeting of January 28, 2014; (3) Special City
Council Worksession of January 29, 2014; and (4) Special City Council Worksession of January
31. 2014.
Motion carried 5-0.
Council Meeting Minutes -2- February 11,2014
Item #1 PRESENTATION OF THE OFFICER OF THE YEAR 2013 AWARD TO
RICHFIELD POLICE OFFICER SEAN MAJEWSKI
Public Safety Director Sandell presented the award.
Item #2 RECOGNITION OF JIM KUNZ WHO IS RETIRING FROM THE POLICE
RESERVES AFTER 50 YEARS OF SERVICE
Public Safety Director Sandell presented the Certificate of Recognition.
Item #3 SWEARING-IN OF RICHFIELD POLICE OFFICERS ANDREW LEYRER, ALEX
BLAINE AND MATHEW SWANSON
Public Safety Director Sandell administered the oaths of office.
Item #4 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
Mayor Goettel requested the social service agencies funded by the City be invited to attend
a future City Council meeting to make a brief presentation on the services they provide.
Council Member Fitzhenry discussed the Fire Department's use of SnowCrew, a web-
enabled crowd source application to assist people with removing snow from fire hydrants.
Council Member Fitzhenry acknowledged the success of the recent Taft Lake Fishing Bowl.
Council Member Sandahl acknowledged the Richfield Sun featuring a Richfield resident
who is participating in the Winter Olympics in Sochi.
Council Member Sandahl announced the Sweet Streets lane conversion open house on
February 19, 2014.
Council Member Sandahl announced the February 13, 2014 Richfield Town Hall Meeting
with Senator Melissa Wiklund and Senate Majority Leader Tom Bakk.
Council Member Garcia announced the VEAP open house on February 28, 2014 at their
new location, 9600 Aldrich Avenue.
Item #5 COUNCIL APPROVAL OF AGENDA
Mayor Goettel moved Consent Calendar Items 6E and 6F to Item 7 for separate
consideration.
M/Fitzhenry, S/Garcia to approve the agenda, as amended.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
Council Meeting Minutes -3- February 11,2014
A. Consideration of the approval of setting a public hearing to be held on March 11, 2014, for
the consideration of new on-sale wine and 3.2 percent malt liquor licenses for Tejaban
Mexica Grill, LLC, D/B/A Fire Up Bar-B-Que, 2 West 66th Street S.R. No. 35
B. Consideration of the approval of the first reading of an ordinance amending Subsection
210.01 related to City Council salaries and schedule the second reading for February 25,
2014 S.R. No. 36
C. Consideration of the approval of a resolution of support for the final alignment of the Intercity
Regional Trail as recommended by the Transportation Commission S.R. No. 37
RESOLUTION NO. 10912
RESOLUTION OF SUPPORT FOR THE INTERCITY REGIONAL TRAIL FINAL ALIGNMENT
This resolution appears as Resolution No. 10912.
D. Consideration of the approval of the purchase orders to Nelson Auto Center in the amount
of$106,387.28 for four new Ford Interceptor SUV's S.R. No. 38
E. Moved to Item 7.
F. Moved to item 7.
G. Consideration of the approval of the acceptance of grants and donations received by the
Richfield Recreation Services Department and to authorize the city to administer the funds
in accordance with the grant agreements and terms prescribed by the donors S.R. No. 41
RESOLUTION NO. 10914
RESOLUTION AUTHORIZING ACCEPTANCE OF GRANTS RECEIVED BY THE CITY OF
RICHFIELD-RECREATION SERVICES DEPARTMENT AND TO AUTHORIZE THE CITY TO
ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS
PRESCRIBED BY DONORS
This resolution appears as Resolution No. 10914.
M/Goettel, S/Garcia to approve the Consent Calendar, as amended.
Motion carried 5-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
Item 7A— Former Item 6E - Consideration of the approval of the modifications to the
Transportation Commission's bylaws to modify the date the commission meets S.R. No. 39
Council Member Sandahl presented Staff Report No. 30.
Council Member Sandahl questioned if the City Council was required to approve changes to
commission by-laws.
City Attorney Tietjen explained that City Council approval is not legally required to approve a
change in commission by-laws but it may be a good practice.
M/Sandahl, S/Fitzhenry to approve the modifications to the Transportation Commission's
bylaws to modify the date the commission meets.
Motion carried 5-0.
Item 7B — Former Item 6F -Consideration of the approval of a resolution declaring
Veterans Memorial Park as the future site of a Community Band Shell S.R. No. 40
Council Meeting Minutes -4- February 11,2014
Council Member Garcia presented Staff Report No. 40.
Council Member Garcia expressed support for the resolution declaring Veterans Park as
the future site of a Community Band Shell. She discussed the premier features of Veterans Park
and funding options, including philanthropic opportunities. She stated the Lyndale Garden Center
space for a band shell did not belong to the City so there would be no ability to raise funds.
Council Member Garcia stated the decision on the site of a community band shell is a City
Council policy decision, not a staff decision. She encouraged public feedback on this project.
Council Member Fitzhenry stated he could not recommend Veterans Park as the site for the
band shell because it is located under an airplane flight departure path and there are noise
concerns.
Council Member Sandahl expressed support for the resolution because Veterans Park and
the Lyndale Garden Center were both tested for airport noise and the garden center was worse.
Mayor Goettel stated the Veterans Park site was supported by the majority of people. She
added that this site has good parking.
Council Member Elliott agreed with the concerns about airport noise and stated he could
not recommend Veterans Park as the best place for a band shell.
M/Garcia, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10913
RESOLUTION DECLARING VETERANS MEMORIAL PARK AS THE FUTURE SITE OF A ,
COMMUNITY BAND SHELL
Motion carried 3-2. (Fitzhenry and Elliott oppose) This resolution appears as Resolution No.
10913.
Item #8 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION GRANTING
FINAL APPROVAL OF A PRELIMINARY AND FINAL PLAT FOR 6700, 6710,
6734, 6754, AND 6758 PORTLAND AVENUE (RICHFIELD MUNICIPAL CENTER
• AND HEREDIA PARK) S.R. NO. 42
Council Member Garcia presented Staff Report No. 42.
M/Garcia, S/Goettel to close public hearing.
Motion carried 5-0.
M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10915
RESOLUTION GRANTING FINAL APPROVAL OF
A PRELIMINARY AND FINAL PLAT FOR
6700, 6710, 6734, 6754, AND 6758 PORTLAND AVENUE
(RICHFIELD MUNICIPAL CENTER AND HEREDIA PARK)
Motion carried 5-0. This resolution appears as Resolution No. 10915.
Council Meeting Minutes -5- February 11,2014
Item #9 CONSIDERATION OF A RESOLUTION GRANTING AN AMENDMENT TO THE
APPROVED PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN,
AND CONDITIONAL USE PERMIT AT 100 WEST 66TH STREET (HUB
SHOPPING CENTER) TO ALLOW A PUBLIC SCHOOL S.R. NO. 43
Mayor Goettel presented Staff Report No. 43.
Representatives of the Flex Academy described the school's operation and structure.
M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10916
RESOLUTION APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOMENT,
FINAL DEVELOMPENT PLAN AND CONDITIONAL USE PERMIT TO ALLOW A PUBLIC
SCHOOL FACILITY WITHIN THE "HUB" SHOPPING CENTER
AT 100 WEST 66TH STREET WEST
Motion carried 5-0. This resolution appears as Resolution No. 10916.
Item #10 CONSIDERATION OF:
• THE BID MINUTES/TABULATION AND AWARD OF CONTRACT TO
NORTHWEST ASPHALT, INC. IN THE AMOUNT OF $652,833.04 FOR
THE NORTH RICHFIELD PARKWAY PROJECT;
• AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACT
CHANGES UNDER $100,000 WITHOUT FURTHER CITY COUNCIL
AUTHORIZATION; AND
• THE HIRING OF WSB &ASSOCIATES TO PERFORM CONSTRUCTION
ENGINEERING SERVICES FOR A FEE NOT TO EXCEED $96,389 S.R.
NO. 44
Council Member Fitzhenry presented Staff Report No. 44.
Public Works Director Eastling explained that the demolition and/or moving of the homes
was delayed due to the weather but it should begin soon.
Council Member Elliott asked if change orders were anticipated since the City Manager has
the authorization to approve contract changes under$100,000.
Transportation Engineer Pearson explained that there is an anticipated increase in
construction costs related to the delay in obtaining easement documents to realign the north
access to the retail center from the multiple parties involved (Home Depot, Target and Ryan
Companies).
Public Works Director Eastling added that there are unexpected issues that arise in
projects.
City Attorney Tietjen explained that the City Manager's maximum amount to approve
without City Council authorization is $100,000 based upon the City Charter.
M/Fitzhenry, S/Goettel to approve the bid minutes/tabulation and award of contract to
Northwest Asphalt, Inc. in the amount of$652,833.04 for the North Richfield Parkway Project; to
authorize the City Manager to approve contract changes under$100,000 without further City
Council authorization; and to hire WSB &Associates to perform construction engineering services
for a fee not to exceed $96,389.
Council Meeting Minutes -6- February 11,2014
Motion carried 5-0.
Item #11 CONSIDERATION OF THE LYNDALE AVENUE "FULL IMPROVEMENTS"
PRELIMINARY PLAN AS RECOMMENDED BY THE TRANSPORTATION
COMMISSION S.R. NO. 45
Council Member Elliott presented Staff Report No. 45.
M/Elliott, S/Garcia to approve the Lyndale Avenue "Full Improvements" Preliminary Plan as
recommended by the Transportation Commission.
Motion carried 5-0.
Item #12 CONSIDERATION OF AN APPOINTMENT TO A CITY ADVISORY COMMISSION
S.R. NO. 46
Council Member Sandahl presented Staff Report No. 46.
M/Sandahl, S/Garcia to appoint the following person to a City Advisory Commission:
COMMUNITY SERVICES COMMISSION
Name Term Expires
Crystal Brakke January 31, 2017
Motion carried 5-0.
Item #13 CITY MANAGER'S REPORT
City Manager Devich discussed the 77th Street Underpass bill in the Legislature.
Item #14 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 02/11/14
A/P Checks: 288438-228865 $ 1,866,529.57
Payroll: 98854-99182 $ 585,740.17
TOTAL $ 2,452,269.74
Motion carried 5-0.
OPEN FORUM
None.
Council Meeting Minutes -7- February 11,2014
Item #15 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN THE BABCOCK
CONFERENCE ROOM REGARDING THE CITY MANAGER ANNUAL
PERFORMANCE EVALUATION
City Attorney Tietjen stated the City Council has the authority pursuant to State Statute to
go into Closed Session to conduct the City Manager's annual performance evaluation.
The City Council adjourned to the Closed Executive Session at 8:15 p.m.
The City Council Closed Executive Session was called to order by Mayor Goettel in the
Babcock Conference Room at 8:16 p.m.
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; Edwina Garcia, and
Pat Elliott.
Staff Present: Steven L. Devich, City Manager.
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 9:00 p.m.
Item #16 RECONVENE REGULAR CITY COUNCIL MEETING IN COUNCIL CHAMBERS
The meeting was called to order by Mayor Goettel in the Council Chambers at 9:02 p.m.
Item #17 SUMMARY REPORT OF THE CITY MANAGER ANNUAL PERFORMANCE
EVALUATION FOR 2013 AND CONSIDERATION OF A RESOLUTION
AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
RICHFIELD AND CITY MANAGER STEVEN L. DEVICH FOR 2014 S.R NO. 47
Mayor Goettel presented Staff Report No. 47.
The City Council provided a summary of the City Manager's annual performance
evaluation.
M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10917
RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF RICHFIELD AND STEVEN L. DEVICH, CITY MANAGER
Motion carried 5-0. This resolution appears as Resolution No. 10917.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 9:10 p.m.
Council Meeting Minutes -8- February 11,2014
Date Approved: February 25, 2014
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Cheryl Kfumho %Jr!' . Devi w
Executive Coordinator City Manager