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10-28-14 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota 64i eed Regular Meeting J g October 28, 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers. Members Present: Debbie Goettel, Mayor; Sue Sandahi; Pat Elliott; Edwina Garcia; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Wayne Kewitsch, Fire Chief; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; Jeff Pearson, Transportation Engineer; Theresa Schyma, Deputy City Clerk; Mary Tietjen City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Elizabeth Arnold, 148 East 66th Street; spoke about the Hennepin County 2040 Bike Transportation Plan. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Elliott to approve the minutes of the (1) Special City Council Worksession of October 14, 2014 and (2) Regular City Council Meeting of October 14, 2014. Motion carried 5-0. Item #1 UPDATE ON THE CONSTRUCTION OF RICHFIELD BLOOMINGTON HONDA Tim Carter and project construction and architect representatives provided an update. Item #2 ANNUAL MEETING WITH THE ARTS COMMISSION Council Meeting Minutes -2- October 28,2014 Kevin Klos, Chair, provided an update. Item #3 ANNUAL MEETING WITH THE FRIENDSHIP CITY COMMISSION Roger Swanson, Chair, provided an update. Item #4 PRESENTATION OF THE UNITED STATES ADMINISTRATION NATIONAL FIRE ACADEMY TITLE OF EXECUTIVE FIRE OFFICER UPON RICHFIELD FIRE CHIEF WAYNE KEWITSCH Mayor Goettel presented the award to Fire Chief Kewitsch. Item #5 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR FINANCIAL REPORTING AWARD TO FINANCE MANAGER CHRIS REGIS (COUNCIL MEMO NO. 98) Council Member Sandahl presented the award to Finance Manager Chris Regis. Item #6 COUNCIL DISCUSSION • Hats Off to Hometown Hits Deputy City Clerk Schyma presented the innovative feature on the City's website of on-line estimated wait times for voting at the precincts on Election Day, November 4, 2014. Council Member Sandahl acknowledged the success of the recent Wood Lake Nature Center's Half-Haunted Halloween event. Council Member Sandahl announced the St. Richard's Novemberfest event on November 7 and 8. Council Member Garcia announced the November 4 Optimist Club Spaghetti Dinner. Council Member Elliott discussed the Tip-a-Cop event at Houlihan's to benefit Special Olympics. Mayor Goettel announced the November 9 Optimist Club No Kids Left Indoors event. Item #7 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Elliott, S/Garcia to approve the agenda. Motion carried 5-0. Item #8 CONSENT CALENDAR A. Consideration of the approval of the Safe Routes to School Plan S.R. No. 183 B. Consideration of the approval of the transfer of funds to close out certain capital project funds S.R. No. 184 Council Meeting Minutes -3- October 28,2014 C. Consideration of the approval of the resolutions to call the Gross Revenue Ice Arena Bonds, Series 1999, and to authorize a $563,213 internal loan to fund the call of the Gross Revenue Ice Arena Bonds, Series 1999 S.R. No. 185 RESOLUTION NO. 10987 RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF THE CITY'S GROSS REVENUE ICE ARENA BONDS, SERIES 1999 This resolution appears as Resolution No. 10987. RESOLUTION NO. 10988 RESOLUTION AUTHORIZING $563,213 INTERNAL LOAN TO RETIRE THE GROSS REVENUE ICE ARENA BONDS, SERIES 1999 This resolution appears as Resolution No. 10988. D. Consideration of the approval of the resolutions approving subdivision of the remnant parcels at 6245 and 6301 Bloomington Avenue and approving first reading of transitory ordinances authorizing the sale of land located at 6245 and 6301 Bloomington Avenue South by the City of Richfield S.R. No. 186 RESOLUTION NO. 10989 RESOLUTION APPROVING SUBDIVISION OF LAND LOCATED AT 6245 BLOOMINGTON AVENUE SOUTH AND WAIVING COMPLIANCE WITH MINN. STAT., SECTION 462.358, SUBD. 4b(a) AND SECTION 500 OF THE CITY CODE OF ORDINANCES WITH RESPECT THERETO This resolution appears as Resolution No. 10989. RESOLUTION NO. 10990 RESOLUTION APPROVING SUBDIVISION OF LAND LOCATED AT 6301 BLOOMINGTON AVENUE SOUTH AND WAIVING COMPLIANCE WITH MINN. STAT. SECTION 462.358, SUBD. 4b(a)AND SECTION 500 OF THE CITY CODE OF ORDINANCES WITH RESPECT THERETO This resolution appears as Resolution No. 10990. E. Consideration of the approval of the lease agreement between the City of Richfield and the Minnesota Magicians for use of the space formerly occupied by Hat Trick Hockey to conduct physical training programs S.R. No. 187 M/Goettel, S/Garcia to approve the Consent Calendar. Motion carried 5-0. Item #9 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Council Meeting Minutes -4- October 28,2014 Item #10 CONTINUED PUBLIC HEARING REGARDING THE RESOLUTIONS PERTAINING TO THE ANNUAL 77TH STREET MAINTENANCE DISTRICT ASSESSMENT PROCESS S.R. NO. 188 Council Member Sandahl presented Staff Report No. 188. M/Sandahl, S/Goettel to close the public hearing. Motion carried 5-0. M/Sandahl, S/Goettel that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 10991 RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2013 - DECEMBER 31, 2013 This resolution appears as Resolution No. 10991. RESOLUTION NO. 10992 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1, 2015 - DECEMBER 31, 2015 This resolution appears as Resolution No. 10992. Motion carried 5-0. Item #11 PUBLIC HEARING REGARDING THE SPECIAL ASSESSMENT ROLL FOR CP- 41007 (NORTH RICHFIELD PARKWAY) AND CONSIDERATION OF A RESOLUTION APPROVING THE ASSESSMENT ROLL S.R. NO. 189 Council Member Fitzhenry presented Staff Report No. 189. M/Sandahl, S/Elliott to close the public hearing. Motion carried 5-0. M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10993 RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT NO. CP-41007 (NORTH RICHFIELD PARKWAY) Motion carried 5-0. This resolution appears as Resolution No. 10993. Council Meeting Minutes -5- October 28,2014 Item #12 CONSIDERATION OF A RESOLUTION AND FIRST READING OF AN ORDINANCE ESTABLISHING A 12 MONTH MORATORIUM ON THE CONSIDERATION OF NEW ESTABLISHMENTS ALLOWING INDOOR SMOKING OR SAMPLING OF TOBACCO OR SIMILAR PRODUCTS S.R. NO. 190 Council Member Elliott presented Staff Report No. 190. M/Elliott, S/Garcia that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10994 RESOLUTION ESTABLISHING A MORATORIUM ON ESTABLISHMENTS ALLOWING INDOOR SMOKING OR SAMPLING OF TOBACCO OR SIMILAR PRODUCTS AND DIRECTING THAT A STUDY BE CONDUCTED The City Council requested that staff monitor State law regarding e-cigarette legislation. Motion carried 5-0. This resolution appears as Resolution No. 10994. Item #13 CONSIDERATION OF THE ADOPTION OF RESOLUTIONS SUPPORTING THE PRELIMINARY CONCEPT#4B DESIGN FOR 66TH STREET BETWEEN I-35W AND 16TH AVENUE AND SUPPORTING THE APPLICATION OF A DESIGN VARIANCE TO REDUCE RIGHT-OF-WAY IMPACT S.R. NO. 191 Council Member Garcia presented Staff Report No. 191. Transportation Engineer Pearson provided an overview of the project. Council Member Garcia stated that public access to information was good. Council Member Sandahl expressed support for the resolution because it improves pedestrian, bicycle and vehicle safety. Council Member Fitzhenry questioned intersection safety for bicyclists with a bike lane or cycle track. Mr. Pearson explained the majority of those surveyed supported a separate cycle track. M/Garcia, S/Sandahl that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 10995 RESOLUTION GRANTING APPROVAL OF COUNTY STATE AID HIGHWAY (CSAH) 53 ' PRELIMINARY LAYOUT 4B (EAST OF GIRARD AVENUE S) HENNEPIN COUNTY PROJECT NO. 1011 (66th STREET) This resolution appears as Resolution No. 10995. Council Meeting Minutes -6- October 28,2014 RESOLUTION NO. 10996 RESOLUTION SUPPORTING HENNEPIN COUNTY IN SEEKING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) FOR DESIGN OF CURB REACTION DISTANCE FOR COUNTY STATE AID HIGHWAY (CSAH) 53 PRELIMINARY LAYOUT 4B (EAST OF NICOLLET AVENUE S) HENNEPIN COUNTY PROJECT NO. 1011 This resolution appears as Resolution No. 10996. Motion carried 5-0. Item #14 CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO FILE A HUD FAIR HOUSING COMPLAINT S.R. NO. 191 Mayor Goettel presented Staff Report No. 192. Mayor Goettel stated that she was a member of the Housing Policy Committee and had voiced her concerns but they had not been considered. M/Goettel; S/Elliott that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10997 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO FILE A HUD FAIR HOUSING COMPLAINT Council Member Garcia stated that Legislators should consider changing the Met Council membership to elected rather than appointed. Motion carried 5-0. This resolution appears as Resolution No. 10997. Item #15 CONSIDERATION OF A REQUEST FOR THE CITY COUNCIL TO CONFIRM THE APPOINTMENT OF JAY HENTHORNE AS PUBLIC SAFETY DIRECTOR FOR THE CITY OF RICHFIELD S.R. NO. 193 Mayor Goettel presented Staff Report No. 193. M/Goettel; S/Sandahl to confirm the appointment of Jay Henthorne as Public Safety Director for the City of Richfield. Motion carried 5-0. Item #16 CONSIDERATION OF THE APPOINTMENTS TO CITY ADVISORY COMMISSION S.R. NO. 194 Council Member Sandahl presented Staff Report No. 194. Council Meeting Minutes -7- October 28,2014 M/Sandahl, S/Goettel to appoint Sarah Nelson and Quoc Tran to the Arts Commission with terms expiring on January 31, 2017. Motion carried 5-0. Item #17 CITY MANAGER'S REPORT City Manager Devich reported provided an update on the cable television franchise transfer. Item #18 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 10/28/14 NP Checks: 235387-235714 $ 760,412.27 Payroll: 105362-105692 $ 564,987.69 TOTAL $ 1,325,399.96 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council open meeting was adjourned by unanimous consent at 8:26 p.m. Date Approved: November 10, 2014 De,+bie'Gbettel E tvla • ' r Cheryl Kru holz -n L. De ich Executive Coordinator City Manager