03-11-08 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 11, 2008
CALL TO ORDER
The meeting was called to order by Mayor Pro Tempore Rosenberg at 7:00 p.m.
ROLL CALL
Members Present: Susan Rosenberg, Mayor Pro Tempore; Fred Wroge; and Sue Sandahl.
Members Absent: Debbie Goettel, Mayor and Bill Kilian.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Interim Community Development Director; Jim Topitzhofer,
Recreation Services Director; Chris Regis, Finance Manager; Brad Sveum,
Fire Services Director; Bill Fillmore, Municipal Liquor Operations Director;
Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary.
M/Rosenberg, S/Wroge to determine the absence of Mayor Goettel and Council Member
Kilian from the Regular City Council Meeting on March 11, 2008 as an excused absence.
Motion carried 3-0.
OPEN FORUM
Joseph Capetz, 6227 Wentworth Avenue, speaking on behalf of his neighborhood,
expressed concern about the ongoing problem of shopping carts from the HUB, primarily Rainbow
Foods, strewn about the neighborhood. He requested an ordinance or resolution be considered by
the City Council with a financial penalty per cart or incident so there is some strength to
enforcement.
Council Member Wroge and Mayor Pro Tempore Rosenberg stated that an ordinance was
not preferred but rather have City staff address this issue first and if unsuccessful, the City Council
could consider a next step.
Council Member Sandahl suggested staff contact the Chamber of Commerce because this
could be a broader problem impacting more businesses.
Council Meeting Minutes -2- March 11, 2008
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Rosenberg led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Wroge, S/Sandahl to approve the minutes of (1) Special City Council/HRA/Planning
Commission Worksession of February 19, 2008; and (2) Regular City Council Meeting of February
26, 2008.
Motion carried 3-0.
Item #1 PRESENTATION OF PROCLAMATION DESIGNATING MARCH 15, 2008 AS
HUMAN RIGHTS DAY IN RICHFIELD
Mayor Pro Tempore Rosenberg presented a proclamation to John Gomez, Human Rights
Commission Chair, designating March 15, 2008 as Human Rights Day in Richfield.
Item #2 COUNCIL DISCUSSION
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HATS OFF TO HOMETOWN HITS
Council Member Sandahl announced a concert at St. Richard’s Church on March 16, 2008
as a fundraiser for Volunteers Enlisted to Assist People (VEAP).
Council Member Wroge acknowledged Cornerstone Realty for conducting a meeting
recently regarding an overview of the realty housing market in Richfield.
Mayor Pro Tempore Rosenberg requested Interim Community Development Director Stark
provide an update on the proposed development at 72nd Street and Penn Avenue by Project for
Pride in Living (PPL) and Partnership Academy.
Interim Community Development Director Stark stated that Partnership Academy has
decided to pursue growth at their current Assumption Church location rather than build at a new
site due to the community response and it being the least controversial option.
Interim Community Development Director Stark continued that PPL is still interested in the
site most likely as a multi-family development. He discussed the density component and the
possible need for economic assistance. He also explained the use of tax increment financing in
redevelopment districts as a way to influence density if the market is calling for a higher price on
the land.
Mayor Pro Tempore Rosenberg stated that if PPL continues to pursue this site, they should
have contact with the neighborhood to address their concerns.
Council Meeting Minutes -3- March 11, 2008
Council Member Wroge stated he was pleased that Partnership Academy decided that with
the various neighborhood and community concerns, it was best to stay at their current location.
Council Member Wroge continued that there is no hurry to get this site developed and it
does not need to be the first developer who shows interest. He said he would like to see the site
become taxable to help with the tax base.
Mayor Pro Tempore Rosenberg read a letter from Mayor Goettel regarding the recent
shooting near the Arby’s in Richfield.
Item #3 COUNCIL APPROVAL OF AGENDA
Council Member Wroge requested Item #4F be removed from the Consent Calendar and
be considered separately as Item #5.
M/Wroge, S/Sandahl to approve the agenda as amended.
Motion carried 3-0.
Item #4 CONSENT CALENDAR
A. Consideration of approval of resolution authorizing summary publication of ordinance
amendment adopting new Section 550 of Richfield City Code related to floodplain
management regulations approved on February 26, 2008 S.R. No. 59
RESOLUTION NO. 10070
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE AMENDMENT ADOPTING NEW SECTION 550 OF
THE RICHFIELD CITY CODE WHICH PERTAINS TO FLOODPLAIN
MANAGEMENT REGULATIONS
This resolution appears as Resolution No. 10070.
B. Consideration of approval of resolution authorizing Environmental Response Fund Grant
agreement between City of Richfield and Hennepin County Department of Environmental
Services for $99,500 for contaminated soil clean up and disposal costs, clean up plan
implementation costs and sign demolition costs for 66th Street and Portland Avenue
intersection construction project S.R. No. 60
Council Meeting Minutes -4- March 11, 2008
RESOLUTION NO. 10068
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER
INTO ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT
WITH HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL
SERVICES FOR $99,500 TO BE USED FOR CONTAMINATED SOIL
CLEANUP AND DISPOSAL COSTS, CLEAN UP PLAN
IMPLEMENTATION COSTS AND SIGN DEMOLITION COSTS FOR
THE 66TH & PORTLAND AVENUE INTERSECTION
RECONSTRUCTION PROJECT
This resolution appears as Resolution No. 10068.
C. Consideration of approval of request for renewal of lawful gambling license for Fred
Babcock VFW Post #5555, 6715 Lakeshore Drive, and resolution granting gambling activity
requested by applicant in accordance with Richfield City Code 1100.13, subd. 6
S.R. No. 61
RESOLUTION NO. 10069
A RESOLUTION GRANTING APPROVAL FOR
FRED BABCOCK VFW POST #5555
TO CONDUCT LAWFUL GAMBLING
This resolution appears as Resolution No. 10069.
D. Consideration of approval of Recreational Facility and Amenity Dedication Policy
S.R. No. 62
E. Consideration of approval of setting public hearing on April 8, 2008 for consideration of new
on-sale wine and 3.2 percent malt liquor licenses with optional 2 a.m. closing for Aribel’s
Restaurant, 1120 East 66th Street S.R. No. 63
F. Removed from the Consent Calendar and placed on the regular agenda for consideration
as Item #5.
G. Consideration of approval of purchase of new Chevrolet one ton truck with dump box for
use by Streets Maintenance Division consisting of Chevrolet 3500 HD cab and chassis
from Thane Hawkins Polar Chevrolet for $19,876.34 and Magnum Aluminum Contractor
Body from Midland Equipment Co. for $8,542.36 for total amount of $28,418.70
S.R. No. 65
H. Consideration of approval of purchase of new Chevrolet pickup truck and trailer for use by
Garage Maintenance Division consisting of Chevrolet 2500HD pickup from Car Truck City
for $23,077.11 and Quipnet QT 12 LS trailer from St. Joseph Equipment for $7,789.61 for
total amount of $30,866.72 S.R. No. 66
I. Consideration of approval of purchase of new Chevrolet one ton truck with utility box for
use by Parks Maintenance Division consisting of Chevrolet 3500 HD cab and chassis from
Thane Hawkins Polar Chevrolet for $19,876.34 and utility box for chassis from Aspen
Equipment for $8,961.63 for total amount of $28,837.97 S.R. No. 67
M/Sandahl, S/Wroge to approve the Consent Calendar as amended.
Motion carried 3-0.
Council Meeting Minutes -5- March 11, 2008
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Former Consent Calendar Item #4F – Staff Report No. 64.
Consideration of approval of purchase of estimated 1,700 ton of winter deicing salt for
2008/2009 winter season from Mn/DOT at Cedar Avenue Truck Station at price of $46.69 per
ton plus sales tax and 10% administrative fee payable to Mn/DOT Metro District.
Council Member Wroge questioned what the City was receiving for the payment of the
10% administrative fee.
City Manager Devich explained that the City did not have space at the new garage to store
salt, Mn/DOT is handling the paperwork, Mn/DOT is providing the loader and operator, and there is
purchasing flexibility.
Council Member Sandahl stated that this is another example of a cooperative agreement
between government entities.
M/Wroge, S/Sandahl to approve purchase of estimated 1,700 ton of winter deicing salt for
2008/2009 winter season from Mn/DOT at Cedar Avenue Truck Station at price of $46.69 per ton
plus sales tax and 10% administrative fee payable to Mn/DOT Metro District.
Motion carried 3-0.
Item #6 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE
PROVIDING FOR EXPENDITURE OF FUNDS FROM SPECIAL REVENUE FUND
FOR CERTAIN CAPITAL IMPROVEMENTS S.R. NO. 68
Council Member Wroge presented Staff Report No. 68.
M/Rosenberg, S/Sandahl to close public hearing.
Motion carried 3-0.
M/Wroge, S/Sandahl that this constitutes the second reading of Bill No. 2008-5, Transitory
Ordinance No. 18.55 providing for expenditure of funds from the Special Revenue Fund for certain
capital improvements, that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 3-0.
Council Meeting Minutes -6- March 11, 2008
Item #7 CONSIDERATION OF RESOLUTION DIRECTING XCEL ENERGY TO
UNDERGROUND THEIR OVERHEAD UTILITY LINES ALONG 66TH STREET
BETWEEN FOURTH AND PARK AVENUES AND PORTLAND AVENUE
BETWEEN 67TH AND 64TH STREETS WITHIN 66TH STREET AND PORTLAND
AVENUE INTERSECTION PROJECT LIMITS AND SUPPORTING THEIR LEGAL
RIGHT TO RECOVER COSTS THROUGH SURCHARGE TO CITY’S
RATEPAYERS S.R. NO. 69
Council Member Wroge presented Staff Report No. 69
Public Works Director Eastling discussed the undergrounding process and costs related to the
work done earlier along Veterans Memorial Park of Richfield. Xcel Energy forecasted last fall that the
costs would increase. Staff will return in the future with undergrounding costs related to the metro
sewer project.
Council Member Wroge stated the City Council’s goal was to put utility lines underground on
major roadways, therefore he would support this resolution. Aesthetically it solves a problem but
there are negative factors, i.e. erosion and damage from rodents.
Council Member Sandahl commented that it is hoped the 66th Street and Portland Avenue
roundabout will be a showcase and that undergrounding will complete what has already been started
along the park. She added that she has not heard strong enough reasons not to proceed.
M/Wroge, S/Sandahl that the following resolution be adopted and be made part of these
minutes:
RESOLUTION NO. 10071
RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES
ALONG 66TH STREET BETWEEN 4TH AVENUE AND PARK AVENUE AND PORTLAND
AVENUE BETWEEN 67TH STREET AND 64TH STREET
Motion carried 3-0. This resolution appears as Resolution No. 10071.
Item #8 CONSIDERATION OF RESOLUTION DIRECTING XCEL ENERGY TO
UNDERGROUND THEIR OVERHEAD UTILITY LINES ALONG 76TH STREET
BETWEEN HUMBOLDT AND KNOX AVENUES WITH 76TH STREET BRIDGE
OVER 35W RECONSTRUCTION PROJECT LIMITS AND SUPPORTING THEIR
RIGHT TO RECOVER COSTS THROUGH SURCHARGE TO CITY’S
RATEPAYERS S.R. NO. 70
Council Member Sandahl presented Staff Report No. 70.
Council Member Wroge expressed support for the undergrounding because it is along a
major roadway but cautioned the continued use of MnDOT funds, which is also taxpayer money.
M/Sandahl, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
Council Meeting Minutes -7- March 11, 2008
RESOLUTION NO. 10072
RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND
OVERHEAD UTILITIES ALONG 76TH STREET BETWEEN
HUMBOLDT AVENUE SOUTH AND KNOX AVENUE
Motion carried 3-0. This resolution appears as Resolution No. 10072.
Item #9 CONSIDERATION OF RESOLUTION AMENDING 2007 GENERAL FUND
BUDGET BY AUTHORIZING TRANSFER OF APPROPRIATIONS FROM
LEGISLATIVE/EXECUTIVE, ADMINISTRATIVE SERVICES AND COMMUNITY
DEVELOPMENT DEPARTMENTS TO PUBLIC SAFETY AND FIRE SERVICES
DEPARTMENTS S.R. NO. 71
Mayor Pro Tempore Rosenberg presented Staff Report No. 71.
City Manager Devich discussed the Firefighter shifts requiring minimal staffing.
M/Rosenberg, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10073
RESOLUTION AUTHORIZING REVISION OF 2007 BUDGETS OF
VARIOUS DEPARTMENTS
Motion carried 3-0. This resolution appears as Resolution No. 10073.
Item #10 CONSIDERATION OF MODIFICATIONS TO TRANSPORTATION COMMISSION
BYLAWS S.R. NO. 72
Council Member Sandahl presented Staff Report No. 72.
Council Member Sandahl stated that she believes “if it’s not broken, don’t fix it” so the
Planning Commission and Community Services Commission liaisons to the Transportation
Commission should continue to have voting privileges. She suggested that if it needed to change,
the current liaisons could continue in their current role until the end of the year. She added the
commissions only make recommendations, the City Council has the final decision-making authority.
Council Member Sandahl noted the bylaws need to change to reflect the current monthly
meeting information.
Council Member Wroge stated the Planning Commission and Community Services
Commission liaisons should not vote because liaisons to other commissions do not vote and there
should be consistency. It is also an issue of fairness to be able to vote twice; once on their own
commission and again on the Transportation Commission. He added that he is not in favor of
waiting until the end of the year to make the change.
Council Meeting Minutes -8- March 11, 2008
M/Wroge to modify the Transportation Commission bylaws to change the meeting date and
not allow the Planning Commission and Community Services Commission liaisons to have voting
privileges.
M/Sandahl to modify the Transportation Commission bylaws to change the meeting date
and have staff return to the City Council with specific modification language to provide liaisons
selected in 2009 no voting privileges and provide the current 2008 liaisons to continue to serve in
the capacity selected.
Marty Kirsch, 6725 Penn Avenue, Transportation Commission Vice Chair, suggested the
bylaws be changed to have the annual election of officers in February instead of April.
City Attorney Heine stated the City Council was out of order because the motions do not
have seconds.
City Attorney Heine continued that the commission adopts the bylaws consistent with the
duties as charged in the ordinance or resolution that established them. The original action
establishing the commission needs to be amended by the City Council. The City Council does not
amend bylaws.
Council Member Wroge and Council Member Sandahl withdrew their motions.
M/Sandahl, S/Wroge to direct staff to prepare and present to the City Council at the Regular
City Council Meeting on March 25, 2008 for consideration, an amended resolution establishing the
duties of the Transportation Commission.
Motion carried 3-0.
Item #11 CITY MANAGER’S REPORT
City Manager Devich reported the State bonding bill included funding for the All Veterans
Memorial at Veterans Memorial Park of Richfield.
Item #12 CLAIMS AND PAYROLL
M/Wroge, S/Sandahl that the following claims and payrolls be approved:
U.S. BANK 03-11-08
A/P Checks: 166578 – 166987 $ 1,568,594.09
PAYROLL 47100 – 47439, 41333 - 41334 $ 493,298.58
TOTAL $ 2,061,892.67
Motion carried 3-0.
Council Meeting Minutes
-9-
March 11, 2008
I OPEN FORUM
None.
The City Council meeting was adjourned by unanimous consent at 8: 19 p.m.
Date Approved: March 25, 2008
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Recording Secretary