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03-25-08 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting March 25, 2008 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:05 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Susan Rosenberg; Fred Wroge; Bill Kilian; and Sue Sandahl. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Karen Barton, Community Development Manager; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Brad Sveum, Fire Services Director; Pam Dmytrenko, Assistant to the City Manager; Corrine Heine, City Attorney; and Nancy Gibbs, City Clerk. After later discussion during Item #3 a motion was made regarding attendance. M/Kilian, S/Wroge to determine the absence of Council Member Sandahl from the Special City Council Meeting of March 25, 2008 as an excused absence. Motion carried 5-0. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. Council Meeting Minutes -2- March 25, 2008 APPROVAL OF MINUTES M/Rosenberg, S/Wroge to approve the minutes of (1) Regular City Council Meeting of March 11, 2008. Motion carried 5-0. Item #1 RECOGNITION OF RICHFIELD CENTENNIAL BABIES Council Member Rosenberg presented the Centennial Babies with certificates from the City of Richfield and gifts provided by Richfield Bloomington Credit Union (RBCU) and Babies’R’Us. Mary Olafson, Co-Chair of the Celebrations Commission, and Andre Thibault, Assistant Vice President of Marketing for RBCU, assisted with the presentation of gifts to the families. Item #2 PRESENTATION REGARDING PROPOSED NEW CITY HALL/POLICE/FIRE FACILITY City Hall Task Force Chair Rick Jabs presented an update on the proposed new City Hall/Police/Fire Facility. Finance Manager Regis explained the City’s financing options. Chair Jabs thanked the members of the task force for all their hard work. Council Member Kilian expressed his concerns against the location that the task force has selected. Mayor Goettel stated that she would like to hear more from the residents and to bring this project to a later meeting for discussion. Item #3 COUNCIL DISCUSSION ? HATS OFF TO HOMETOWN HITS Council Member Rosenberg wanted to thank the Richfield Human Rights Commission for their wonderful work on the March 15, 2008 Richfield Diversity Fair. Council Member Wroge expressed concern regarding a letter about noise levels specifically air conditioning units. City Manager Devich explained that the City Ordinance is not in sync with State Statute. Council Meeting Minutes -3- March 25, 2008 City Attorney Heine explained why the City is looking into their ordinance at this time. She explained there are many things to consider regarding this issue and she will report back to the City Council at a later meeting. Mayor Goettel reported on the National League of Cities Conference. Council Member Rosenberg asked about what the next step is with the new City Hall. City Manager Devich responded that staff is waiting for direction from the City Council. Council Member Rosenberg stated that she has received positive feedback from residents even though people realize it will cost money. Council Member Rosenberg stated that she wanted to move forward. Mayor Goettel stated her agreement with Council Member Rosenberg. Council Member Kilian stated that he has different feelings regarding this and would like to save some money on the project. Council Member Wroge requested staff get information from Wold Architects before the next meeting. Council Member Kilian stated that he feels he raised some valid questions regarding the new facility and the City Council needs answers before they can move on. City Manager Devich stated that staff would report back to the City Council at the April 8, 2008 Regular City Council Meeting. Item #4 COUNCIL APPROVAL OF AGENDA Mayor Goettel requested that Items #5C & 5D be removed from the Consent Calendar and be considered separately as Items #6A & 6B. M/Sandahl, S/Wroge to approve the agenda as amended. Motion carried 5-0. Item #5 CONSENT CALENDAR A. Consideration of approval of first reading of ordinance amending Zoning Code Subsections 522.05, 534.03, 537.05, 537.11, 544.03, 547.13 and 547.15 to correct obsolete references and one incorrect reference related to procedural requirements for processing interim use permit applications and scheduling second reading for April 8, 2008 S.R. No. 73 B. Consideration of approval of resolution modifying Health Care Savings Plan for International Union of Operating Engineers, Local 49 employees S.R. No. 74 Council Meeting Minutes -4- March 25, 2008 RESOLUTION NO. 10074 RESOLUTION AMENDING THE POST RETIREMENT HEALTH CARE SAVINGS PLAN FOR INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 EMPLOYEES This resolution appears as Resolution No. 10074. C. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item #6A. D. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item #6B. E. Consideration of approval of resolution authorizing Richfield Public Safety/Police to accept $50 donation from Residential Mortgage Group, Inc. given in name of Richfield resident Paul Carlsted S.R. No. 77 RESOLUTION NO. 10075 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $50 FROM RESIDENTIAL MORTGAGE GROUP, INC. IN THE NAME OF RICHFIELD RESIDENT PAUL CARLSTED This resolution appears as Resolution No. 10075. F. Consideration of approval of resolution accepting $40,125 grant from Cornerstone Group to fund first year of Prairie Restoration Project at Wood Lake Nature Center and approving contract with Prairie Restorations S.R. No. 78 RESOLUTION NO. 10076 RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FROM CORNERSTONE GROUP IN THE AMOUNT OF $40,125, TO FUND YEAR ONE OF THE PRAIRIE RESTORATION PROJECT AT WOOD LAKE NATURE CENTER AND APPROVING THE CONTRACT WITH PRAIRIE RESTORATIONS This resolution appears as Resolution No. 10076. G. Consideration of approval of purchase of tandem dump truck consisting of chassis from Astleford International Trucks in amount of $77,922.86; box and hydraulics from Midland Equipment Company in amount of $39,902.93; and front, wing plows and sander from J- Craft by TBEI in amount of $27,779.46 for total amount of $145,605.25 S.R. No. 79 M/Sandahl, S/Kilian to approve the Consent Calendar as amended. Motion carried 5-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Council Meeting Minutes -5- March 25, 2008 Item #6A - Former Consent Calendar Item #5C – Staff Report No. 75. Consideration of approval of resolution endorsing Richfield 2008 Centennial Time Capsule Project undertaken by Richfield Historical Society. Council Member Sandahl asked Lisa Plank, Director of the Richfield Historical Society, to explain the Time Capsule Project. M/Sandahl, S/Rosenberg that the following resolution be adopted and be made part of these minutes: RESOLUTION NO. 10077 RESOLUTION ENDORSING THE RICHFIELD 2008 CENTENNIAL TIME CAPSULE PROJECT UNDERTAKEN BY THE RICHFIELD HISTORICAL SOCIETY Motion carried 5-0. This resolution appears as Resolution No. 10077. Item #6B - Former Consent Calendar Item #5D – Staff Report No. 76. Consideration of approval of resolution granting subdivision waiver to allow division of 7513 Fremont Avenue into two single-family lots. Council Member Wroge asked for clarification on the garage, trees, and attached informational maps #5D-4 and #5D-6. Community Development Manager Barton explained the differences of the maps. Community Development Manager Barton also explained that the ordinance currently does not require the owner to build a garage, but the lot must allow room to build a garage. City Attorney Heine asked Bruce Branch, President of Peridot Properties and owner of the property at 7513 Fremont Avenue, if they would agree to trimming the trees and building a garage. Mr. Branch responded that he would agree to those conditions. M/Wroge, S/Sandahl that the following amended resolution be adopted and be made part of these minutes: RESOLUTION NO. 10078 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR 7513 FREMONT AVENUE Motion carried 5-0. This resolution appears as Resolution No. 10078. Item #7 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING CONSTRUCTION OF STORM SEWER LIFT STATION IN AUGSBURG PARK AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE S.R. NO. 80 Council Member Sandahl presented Staff Report No. 80. Council Meeting Minutes -6- March 25, 2008 Claire Killian, 6320 Pillsbury Avenue, asked if the Richfield High School tennis courts would be affected by the construction and if there would be any odor. Public Works Director Eastling responded that he would refer the tennis court question to Recreation Services Director Topitzhofer for follow-up and that since this is a storm pond they are not expecting an odor issue. Arlen Nelson, 7433 13th Avenue South, asked about the impact this project would have on Wood Lake and Richfield Lake. Public Works Director Eastling responded that there are outlets at both Wood Lake and Richfield Lake and the pump that will be installed at Augsburg Park can be managed with an on-off switch. John Lynch, 7033 Park Avenue South, asked if the Richfield High School baseball and football fields would be flooded due to this project. Public Works Director Eastling stated that this project should have no effect on the baseball and football fields. M/Wroge, S/Sandahl to close public hearing. Motion carried 5-0. M/Sandahl, S/Wroge that this constitutes the second reading of Bill No. 2008-6, Transitory Ordinance No. 18.56 authorizing construction of storm sewer lift station in Augsburg Park, 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. 10079 RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF A STORM SEWER LIFT STATION IN AUGSBURG PARK, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 Motion carried 5-0. This resolution appears as Resolution No. 10079. Item #8 CONSIDERATION OF RESOLUTION MODIFYING ESTABLISHMENT OF RICHFIELD TRANSPORTATION COMMISSION S.R. NO. 81 Council Member Wroge presented Staff Report No. 81. M/Wroge, S/Goettel to modify the establishment of the Richfield Transportation Commission to revoke voting rights for commission liaisons effective immediately. Council Member Wroge stated that he wants consistency for all commissions in regards to voting privileges. Mayor Goettel agreed with Council Member Wroge. Council Meeting Minutes -7- March 25, 2008 Council Member Sandahl disagreed with the immediate effective date. She believes the effective date should be January 1, 2009. Council Member Kilian stated his support for the January 1, 2009 effective date. Council Member Rosenberg stated that she agrees with the idea of consistency for all commissions. Council Member Wroge decided to amend his first motion. M/Wroge, S/Rosenberg to modify the establishment of the Richfield Transportation Commission to revoke voting rights for commission liaisons effective January 1, 2009. Motion carried 5-0. After later discussion during Item #10 the motion was amended. M/Sandahl, S/Kilian to modify the establishment of the Richfield Transportation Commission to revoke voting rights for commission liaisons effective January 31, 2009 and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10080 RESOLUTIONMODIFYINGTHEESTABLISHMENTOFA RICHFIELDTRANSPORTATION COMMISSION Motion carried 5-0. This resolution appears as Resolution No. 10080. Item #9 CONSIDERATION OF RESOLUTION AUTHORIZING AND DIRECTING USE OF POWER OF EMINENT DOMAIN AS NECESSARY TO ACQUIRE CERTAIN LANDS, EASEMENTS AND OTHER RIGHTS AND INTERESTS FOR PURPOSE OF RECONSTRUCTION OF LYNDALE AVENUE BRIDGE OVER I-494 AND AUTHORIZING STAFF TO MAKE SETTLEMENT OFFERS FOR PURCHASE OF PARTIAL RIGHT-OF-WAY TAKINGS LOCATED AT 700-1150 WEST 78TH STREET, 7745 LYNDALE AVENUE, 400 WEST 78TH STREET AND 500 WEST 78TH STREET S.R. NO. 82 Council Member Kilian presented Staff Report No. 82. Council Member Wroge asked for clarification on who pays for this project. Public Works Director Eastling explained that the Minnesota Department of Transportation (MN/DOT) and the Federal Highway Administration would pay for 100% of this project. Council Member Wroge asked if access from 77th Street into the Richfield Inn could be added into the project. Public Works Director Eastling responded that the issue of access to the Richfield Inn is a major concern; he will take these concerns into consideration. Council Meeting Minutes -8- March 25, 2008 M/Kilian, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10081 AUTHORIZING AND DIRECTING THE USE OF THE POWER OF EMINENT DOMAIN, AS NECESSARY, TO ACQUIRE CERTAIN LANDS, EASEMENTS, AND OTHER RIGHTS AND INTERESTS FOR THE PURPOSE OF THE RECONSTRUCTION OF THE LYNDALE AVENUE BRIDGE OVER INTERSTATE 494 Motion carried 5-0. This resolution appears as Resolution No. 10081. Item #10 CONSIDERATION OF APPOINTMENT(S) TO CITY ADVISORY COMMISSIONS S.R. NO. 83 Mayor Goettel presented Staff Report No. 83. M/Goettel, S/Rosenberg to approve the following appointments to the City advisory commissions: ARTS COMMISSION Name Term Expires Travis Gorshe January 31, 2011 Willie Falwell January 31, 2011 CELEBRATIONS COMMISSION Name Term Expires Mark Pafiolis No term limit FRIENDSHIP CITY COMMISSION Name Term Expires Mary Supple January 31, 2011 HUMAN RIGHTS COMMISSION Name Term Expires Theresa Olson January 31, 2009 Motion carried 5-0. Item #11 CITY MANAGER’S REPORT ? JOINT CITY COUNCIL AND RICHFIELD SCHOOL BOARD MEETING City Manager Devich stated that the City Council needs to select a date for a Joint City Council and Richfield School Board Meeting. The suggested date is May 19, 2008. Council Meeting Minutes -9- March 25, 2008 City Manager Devich reported that the move to the new maintenance facility would take place in early June. City Manager Devich also reported on the tour of the District #287 building. City Manager Devich stated that Interim Community Development Director Stark is working on the foreclosure problem that is happening in Richfield. He also said that foreclosures will have an impact on the City and urged residents to please let staff know if properties are not being maintained. Council Member Sandahl asked if there would be an Open House for the new maintenance facility. City Manager Devich responded that there would be an Open House. Council Member Sandahl also asked if there would be a celebration for the new bridge. City Manager Devich responded yes. Public Works Director Eastling stated that Xcel Energy wants to bury lines under Lyndale Avenue between 63rd Street and 64th Street at an approximate cost of $90,000. He asked the City Council for direction. Council Member Kilian stated that it depends on where the pole is located. Council Member Sandahl and Mayor Goettel stated that they would like to physically take a look at this site before any further discussion. M/Rosenberg, S/Wroge to convene a Special City Council Closed Executive Session in the Executive Conference Room regarding the City Manager annual performance evaluation. Motion carried 5-0. Item #12 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE CONFERENCE ROOM REGARDING CITY MANAGER ANNUAL PERFORMANCE EVALUATION The Closed Executive Session was called to order by Mayor Goettel in the Executive Conference Room at 9:00 p.m. Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Bill Kilian; and Susan Rosenberg. Staff Present: Steve Devich, City Manager. The Closed Executive Session was convened pursuant to M.S. 13D.05. The Closed Executive Session adjourned at 9:48 p.m. Council Meeting Minutes -10- March 25, 2008 Item #13 RECONVENE REGULAR CITY COUNCIL MEETING IN COUNCIL CHAMBERS The City Council reconvened the public meeting in the Council Chambers at 9:50 p.m. Mayor Goettel stated that the City Council had discussed the City Manager's annual performance evaluation during the Closed Executive Session pursuant to M.S. 13D.05. Item #14 SUMMARY REPORT OF CITY MANAGER',S ANNUAL PERFORMANCE EVALUATION AND CONSIDERATION OF RESOLUTION ADJUSTING CITY MANAGER COMPENSATION FOR 2008 S.R. NO. 84 Mayor Goettel presented report on City Manager Devich's annual performance evaluation. M/Kilian, S/Rosenberg that the followinQ resolution be adopted and be made part of these minutes: RESOLUTION NO.1 0082 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. 10082. litem #15 I CLAIMS AND PAYROLL M/Kilian, S/Rosenberg that the followinQ claims and pavrolls be approved: U.S. BANK 03-25-08 AlP Checks: 166988 -167321 PAYROLL 47440 - 47778,41335 - 41338 TOTAL $ 2,589,829.54 $ 501,534.41 $ 3,091,363.95 Motion carried 5-0. The City Council meeting was adjourned by unanimous consent at 9:51 p.m. Date Approved: April 8,n008