06-10-08 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
June 10, 2008
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Susan Rosenberg; Fred Wroge; Sue Sandahl; and
Bill Kilian.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Interim Community Development Director; Barry Fritz, Acting
Public Safety Director; Chris Regis, Finance Manager; Brad Sveum, Fire
Services Director; Jim Topitzhofer, Recreation Services Director; Pam
Dmytrenko, Assistant to City Manager; Jim Strommen, City Attorney; and
Cheryl Krumholz, Recording Secretary.
OPEN FORUM
Chuck Ekstrun, 7001 3rd Avenue, spoke about not supporting the proposed changes to the
ordinance regarding recreational vehicles; the need for fiscal responsibility, specifically related to
the water plant and maintenance facility; and excessive speed on 70th Street.
Andrea Bolstad, 6339 16th Avenue, spoke about the need for a decision on the Cedar Point
Phase II redevelopment.
Council Member Wroge responded that Cedar Point is on the June 24, 2008 City Council
agenda.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Council Meeting Minutes -2- June 10, 2008
APPROVAL OF MINUTES
Council Member Kilian requested the May 27, 2008 Regular City Council Meeting minutes
be amended to indicate the absence of Council Member Sandahl.
M/Kilian, S/Wroge to approve the minutes of (1) Special City Council Worksession of May
27, 2008; (2) Special City Council and Planning Commission Worksession of May 27, 2008; and
(3) Regular City Council Meeting of May 27, 2008 as amended.
Motion carried 5-0.
Item #1 PRESENTATION OF 2008 GENE AND MARY JACOBSEN OUTSTANDING
CITIZEN OF YEAR AWARD TO EDWINA GARCIA (COUNCIL MEMO NO. 90)
John Gomez, Human Rights Commission Chair, presented the 2008 Gene and Mary
Jacobsen Outstanding Citizen of the Year Award to Edwina Garcia.
Mayor Goettel presented a certificate of recognition to Ms. Garcia.
Item #2 PRESENTATION OF PROCLAMATION DESIGNATING JUNE 2008 AS GAY,
LESBIAN, BISEXUAL, TRANSGENDER PRIDE CELEBRATION MONTH IN
RICHFIELD
Council Member Rosenberg presented a proclamation to Human Rights Commission Chair
Gomez.
Item #3 ANNUAL MEETING WITH HUMAN RIGHTS COMMISSION
Human Rights Commission Chair Gomez presented the report.
Item #4 RECOGNITION OF 2007 GOLD MEDAL OF EXCELLENCE IN FUNDRAISING
AWARD FOR SPECIAL OLYMPICS MINNESOTA PRESENTED TO
RICHFIELD POLICE FOR LAW ENFORCEMENT TORCH RUN
Acting Public Safety Director Fritz discussed the Public Safety Department’s participation in
fundraising events, specifically the efforts of Detective Pat Moriarty.
Council Meeting Minutes -3- June 10, 2008
Item #5 RECOGNITION OF RICHFIELD ADOPT-A-PARK VOLUNTEERS
Recreation Services Director Topitzhofer presented certificates of recognition to Richfield
Adopt-A-Park volunteers.
Item #6 PRESENTATION AND RECEIPT OF CITY OF RICHFIELD COMPREHENSIVE
ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED DECEMBER 31,
2007 (COUNCIL MEMO NO. 91 – STAFF REPORT NO. 138)
Bill Lauer, representative from Malloy, Montague, Karnowski, Radosevich, & Co. P.A.,
presented the Comprehensive Annual Financial Report for fiscal year ended December 31, 2007
(City Clerk’s File No. C-438).
Finance Manager Regis stated the Minnesota Compliance findings are already being
addressed.
M/Goettel, S/Kilian to approve the presentation and receipt of City of Richfield
Comprehensive Annual Financial Report for fiscal year ended December 31, 2007.
Motion carried 5-0.
COUNCIL DISCUSSION
Item #7
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HATS OFF TO HOMETOWN HITS
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UPDATE ON NEIGHBORHOOD PROPERTY MAINTENANCE
INSPECTION PROGRAM
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UPDATE ON PUBLIC SAFETY ACTIVITY RELATED TO
RESTAURANTS
Council Member Rosenberg announced the Richfield Beautiful Home and Garden Tour on
June 21, 2008.
Council Member Wroge reported that two homes on 76th Street and Nicollet Avenue are
just about complete and invited people to tour them.
Council Member Wroge encouraged residents to assist the City in cleaning out storm sewer
drains after rain events to prevent flooding.
Mayor Goettel announced the Public Works Maintenance Facility open house is on June
21, 2008.
Acting Public Safety Director Fritz provided an update on the Neighborhood Inspection
Program.
City Manager Devich stated the City has received an overwhelming number of complaints
regarding unmowed yards. Staff is following the process to obtain compliance.
Council Meeting Minutes -4- June 10, 2008
Mayor Goettel discussed an Adopt-A-House program for mowing lawns of foreclosed
properties.
Council Member Wroge stated compliance means more than just mowing only the main
part of the yard; it includes mowing along the fence lines.
Council Member Sandahl reported on a resident’s compliment on how quickly staff
responded to filling the potholes on 76th Street.
Mayor Goettel asked about the notification of residents living along 70th Street regarding
the July 4 parade route.
Rick Jabs, Fourth of July Committee Chair, explained the notification process.
Mayor Goettel announced the playback schedule on Channel 61 of the news piece taped
with Colleen Needles, City Manager Devich, and herself.
Item #8 COUNCIL APPROVAL OF AGENDA
Mayor Goettel requested that the agenda be amended to remove Item #17 because a
Closed Executive Session was no longer necessary.
M/Wroge, S/Kilian to approve the agenda as amended.
Motion carried 5-0.
Item #9 CONSENT CALENDAR
A. Consideration of approval of continuing public hearing and second reading of transitory
ordinance to vacate utility easement at 800 66th Street West to June 24, 2008 S.R. No.
139
B. Consideration of approval of resolution authorizing use of credit card by City employees
otherwise authorized to make purchases on behalf of City for 2008 S.R. No. 140
RESOLUTION NO. 10101
RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY
CITY EMPLOYEES OTHERWISE AUTHORIZED TO MAKE
PURCHASES ON BEHALF OF THE CITY OF RICHFIELD FOR THE
YEAR 2008
This resolution appears as Resolution No. 10101.
C. Consideration of approval of resolution authorizing execution of joint cooperation
agreement between City of Richfield and Hennepin County for participation in Urban
Hennepin County Community Development Block Grant Program in fiscal years 2009-2011
S.R. No. 141
Council Meeting Minutes -5- June 10, 2008
RESOLUTION NO. 10102
RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT
COOPERATION AGREEMENT BETWEEN THE CITY OF
RICHFIELD AND HENNEPIN COUNTY FOR PARTICIPATION IN
THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM IN FISCAL YEAR 2009-2011
This resolution appears as Resolution No. 10102.
D. Consideration of approval of resolution authorizing Richfield Public Safety/Police
Department and Fire Services Department to accept monetary donations from citizens and
businesses in Richfield to help cover costs for Safety Day 2008 S.R. No. 142
RESOLUTION NO. 10103
RESOLUTION AUTHORIZING RICHFIELD PUBLIC
SAFETY/POLICE DEPARTMENT AND RICHFIELD FIRE
DEPARTMENT TO ACCEPT MONETARY DONATIONS FOR
SAFETY DAY 2008
This resolution appears as Resolution No. 10103.
E. Consideration of approval of resolution authorizing acceptance of $4,000 donation from
Chorzempa/Kirchner Family to fund Gateway Gardens project at Wood Lake Nature Center
S.R. No. 143
RESOLUTION NO. 10104
RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATION
FROM THE CHORZEMPA/KIRCHNER FAMILY IN THE AMOUNT
OF $4,000 TO HELP FUND THE GATEWAY GARDENS PROJECT
AT WOOD LAKE NATURE CENTER
This resolution appears as Resolution No. 10104.
F. Consideration of approval of recreational facility and amenity dedication proposal request at
Donaldson Park from Metro Babe Ruth Umpires Association S.R. No. 144
M/Wroge, S/Kilian to approve the Consent Calendar.
Motion carried 5-0.
Item #10 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Council Meeting Minutes -6- June 10, 2008
Item #11 PUBLIC HEARING AND CONSIDERATION OF SECOND READING OF
TRANSITORY ORDINANCE AUTHORIZING PLANNING, DESIGN AND
CONSTRUCTION OF NEW POLICE/FIRE/CITY HALL FACILITY AND
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF TRANSITORY
ORDINANCE S.R. NO. 145
Council Member Sandahl presented Staff Report No. 145.
Mayor Goettel requested performance based contracting be included.
Don Priebe, 7225 Bloomington Avenue, questioned the need for a City Hall twice the size of
the current building since the City has decreased in population, specifically mentioning the size of
the new Edina City Hall. He stated he also believed the current garage site was adequate because
it met the primary obligation to the community. He requested the voters be provided an opportunity
to decide this major expense of a new City Hall. The additional tax burden could force people out
of their homes.
City Attorney Strommen stated the attorney’s office is reviewing if the project is subject to
referendum.
City Manager Devich explained that in the State of Minnesota, there are two options in
issuing debt: referendum on general obligation bonds or issuance of capital improvement bonds
without a referendum with a period of time for voters to petition to require a referendum.
Finance Manager Regis explained the petition requirements.
Council Member Wroge stated that if the City Hall is not constructed now, the costs will only
increase. The proposed facility has a larger police area and underground parking for police
vehicles.
Mike Cox, Wold Architects, discussed the square footage compared to other cities and that
after a thorough analysis Richfield has taken a conservative approach.
Council Member Kilian asked about the 30 day timeline on the petition.
Finance Manager Regis explained the consideration of the issuance of general obligation
capital improvement bonds is scheduled for the June 24, 2008 City Council Meeting and if
approved, the 30 days starts then.
Heidi Gaibor, 6915 Wentworth Avenue, expressed agreement with Mr. Priebe’s comments,
including that the increase in taxes is one of a number of increases on property taxes. She
expressed respect on the CHAT II’s estimation that a new building is needed. She suggested the
building plans be amended to reduce the tall atrium, the gathering space, and the varying heights
of the roof.
Jennifer Verbrugge, CHAT II member and former City employee, 6708 Irving Avenue,
spoke in support of a new building due to an odor in the current building, lack of security, shortage
of employee workspaces, and not being ADA compliant.
M/Kilian, S/Rosenberg to close public hearing.
Motion carried 5-0.
Council Meeting Minutes -7- June 10, 2008
Mayor Goettel stated the different roof levels may hinder flexibility in maintenance.
M/Sandahl, S/Rosenberg that this constitutes the second reading of Bill No. 2008-13,
Transitory Ordinance No. 18.58 authorizing planning, design and construction of new
Police/Fire/City Hall facility, 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. 10105
RESOLUTION APPROVING SUMMARY PUBLICATION OF A
TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT
PROJECT FOR THE CONSTRUCTION OF A POLICE/FIRE/CITY HALL,
PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04
Motion carried 5-0. This resolution appears as Resolution No. 10105.
Council Member Sandahl discussed the possible multi-purpose function of a new facility –
including the ability to have an extra floor added in the future if needs change.
Council Member Kilian expressed support for a new facility because it would be
irresponsible to not do something but he did not want to leave out future redevelopment at Cedar
Point.
Michael Klass, Wold Architects, discussed the ability to add another floor has been one of
many possible considerations for future changes to the building.
Rick Jabs, CHAT II Chair, explained the structure’s ability to have that capacity has always
been part of discussions.
Council Member Wroge challenged staff to not raise the General Fund budget.
City Manager Devich explained that Richfield is far below the average in debt service but
bonding to pay for projects increases taxes.
Council Member Rosenberg expressed support for the project because she is convinced it
is needed and to wait would only increase costs.
Mayor Goettel stated the seniors she has spoken with, by and large, support a new City
Hall.
Item #12 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO
RICHFIELD CITY CODE REPEALING SUBSECTION 509.17 AND AMENDING
SUBSECTION 925.01, SUBD. 4(A) RELATED TO CLEAR VISIBILITY AT
INTERSECTIONS AND SCHEDULING SECOND READING FOR JUNE 24, 2008
S.R. NO. 146
Council Member Wroge presented Staff Report No. 146.
M/Wroge, S/Sandahl to approve the first reading of ordinance amendment to Richfield City
Code repealing subsection 509.17 and amending subsection 925.01, Subd. 4(a) related to clear
visibility at intersections and scheduling second reading for June 24, 2008.
Council Meeting Minutes -8- June 10, 2008
Council Member Wroge stated he did not support the amendment because if the new stop
signs are removed in the future, residents have the ability to install fences and plantings as they wish.
He referenced a letter from the City in 2000 that supported the 50 foot sight triangle except in fully
controlled intersections. Residents who purchase a corner lot are responsible to stay within the
triangle and may have the option of a variance.
Mayor Goettel said there are now some sight triangles in violation.
City Manager Devich stated that there are many in violation and enforcement is done as
complaints are received.
Interim Community Development Director Stark explained that permits are not required for
fences and landscaping. He discussed the balance of safety issues and use of the property
evaluated by Public Safety, Public Works, and Community Development departments and found the
30 foot sight triangle to be adequate.
Interim Community Development Director Stark stated 3 complaints regarding sight triangle
violations had been received and all have been corrected.
Council Member Kilian expressed more concern over vehicles being able to park closer than
30 feet to the intersection and the City having a decreased setback to allow porches.
Interim Community Development Director Stark discussed including an opacity piece to codify
staff discretion. Currently, the Community Development Department does not have staffing for
proactive enforcement and would continue on a complaint-based process.
Council Member Wroge suggested that the sight triangle requirements be included in the
point-of-sale inspection.
Council Member Sandahl expressed support for the amendment since the sight triangle in a
smaller yard impacts a larger area and a variance or permit could be an option as long as it’s not a
safety banner.
City Manager Devich stated this is a City Council policy decision.
M/Goettel, S/Kilian to review an opacity piece on enforcement and confirm public safety’s
agreement on safety for a 30 foot sight triangle.
Motion carried 5-0.
Original motion carried 4-1. (Wroge opposed)
Council Meeting Minutes -9- June 10, 2008
CONSIDERATION OF:
Item #13
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BID MINUTES/TABULATION AND AWARD CONTRACT TO NODLAND
CONSTRUCTION COMPANY FOR 73RD STREET AND FIRST AVENUE
STORM SEWER PROJECT IN AMOUNT OF $876,407.41; AND
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BID MINUTES /TABULATION AND AWARD CONTRACT TO VEIT AND
COMPANY, INC. FOR AUGSBURG POND LIFT STATION IN AMOUNT OF
$285,087.01; AND
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PURCHASE OF CONSTRUCTION ENGINEERING SERVICES FROM WSB
& ASSOCIATES TO PROVIDE CONSTRUCTION OVERSIGHT SERVICES
REQUIRED TO COMPLETE PROJECT IN AMOUNT OF $34,943
S.R. NO. 147
Council Member Kilian presented Staff Report No. 147.
M/Kilian, S/Wroge to approve bid minutes/tabulation and award contract to Nodland
Construction Company for 73rd Street and First Avenue Storm Sewer Project in amount of
$876,407.41; and bid minutes /tabulation and award contract to Veit and Company, Inc. for
Augsburg Pond Lift Station in amount of $285,087.01; and purchase of construction engineering
services from WSB & Associates to provide construction oversight services required to complete
project in amount of $34,943.
Motion carried 5-0.
Item #14 CONSIDERATION OF PURCHASE OF ADVANCE SWEEPER/SCRUBBER FROM
FORKLIFTS OF MINNESOTA FOR USE BY GARAGE MAINTENANCE DIVISION
IN AMOUNT OF $39,127 PLUS TAX (TABLED FROM MAY 27, 2008) S.R. NO. 148
M/Rosenberg, S/Kilian to approve purchase of Advance sweeper/scrubber from Forklifts of
Minnesota for use by garage maintenance division in amount of $39,127 plus tax.
Motion carried 5-0.
Item #15 CITY MANAGER REPORT
City Attorney Strommen provided an update on the work being done by the utility companies
at 66th Street and Portland Avenue, which staff will closely monitor for timelines.
Item #16 CLAIMS AND PAYROLL
M/Rosenberg, S/Wroge that the following claims and payrolls be approved:
Council Meeting Minutes -10- June 10, 2008
U.S. BANK 06-10-08
A/P Checks: 168908 -169262
PAYROLL 49105 - 49450, 41349 - 41351
TOTAL
Motion carried 5-0.
OPEN FORUM
None.
$ 1,291,611.23
$ 533,911.23
$ 1, 825, 522.46
Item #17 I CLOSED EXECUTIVE SESSION
- RECEIVE INFORMATION REGARDING UTILITY RELOCATION IN
CONNECTION WITH 66TH STREET AND PORTLAND AVENUE
CONSTRUCTION PROJECT; .AND
- ADJOURN TO CLOSED EXECUTIVE SESSION IN EXECUTIVE
CONFERENCE ROOM TO CONSIDER POSSIBLE LITIGATION; AND
- RECONVENE TO OPEN SESSION IN COUNCIL CHAMBERS FOR POSSIBLE
FURTHER DISCUSSION AND DECISION REGARDING LITIGATION
S.R. NO. 149
This item was removed from the agenda.
The. City Council meeting was adjourned by unanimous consent at 10:00 p;
Date Approved: ~ _T»i~ x, ~nnR
D bie tt~
or
Cheryl Krumholz S n L. Deg
Recording Secretary City Manager
CITY OF RICHFIELD, MINNESOTA
Bid Opening
June 2, 2008
1:00 p.m.
73rd St. & 1st Ave. Stormwater Project
Bid No. 08-06
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting
was to receive, open and read aloud, bids for the 73rd St. & 1st Ave. Stormwater
Project, as advertised in the official newspaper on May 15 & 22; 2008.
Present: Nancy Gibbs, City Clerk
Cheryl Krumholz, City Manager Representative
Derick Anderson, Civil Engineer
The following bids were submitted and read aloud:
Contractor Bid Security
(5%) Addendum
No. 1 Grand Total Bid
Burschville Construction, Inc. Provided Received $1,100,163.1.5
GL Contracting, Inc. Provided Received $1,019,659.51
Kuechle Underground, Inc. Provided Received $923,564.00
Lametti and Sons, Inc. Provided Received $1,243,711.00
Minger Construction, Inc. Provided Received $1,084,083.78
Nodland Construction Co. Provided Received $876,407.41
Northdale Construction Co.,
Inc. provided Received $953,896.58
Northwest Asphalt, Inc. Provided Received $926,382.42
S.R. Weidema Provided Received $965,426.30
The City Clerk announced that the bids would be tabulated and considered at the
June 10, 2008 City Council Meeting.
Nancy Gibbs City Clerk
CITY OF RICHFIELD, MINNESOTA
Bid Opening
June 2, 2008
1:15 p.m.
Augsburg Pond Lift Station
Bid No. 08-07
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting
was to receive, open and read aloud, bids for the Augsburg Pond Lift Station, as
advertised in the ofFcial newspaper on May 15 & 22, 2008.
Present: Nancy Gibbs, .City Clerk
Cheryl Krumholz, City Manager Representative
Derick Anderson, Civil Engineer
The following bids were submitted and read aloud:
Contractor Bid (5%) city Grand Total Bid
Burschville Construction, Inc. Provided $326,986.76
G.F. Jedlicki, Inc. Provided $337,649.00
Kuechle Underground, Inc. Provided $288,141.81
Lametti and Sons, Inc. Provided $441,723.00
Minger Construction, Inc. Provided $307,837.05
Northdale Construction Co. Provided $313,726.26
Penn Contracting, Inc. Provided $420,391.00
Veit & Company, Inc. Provided $285,087.01
The City Clerk announced that the bids would be tabulated and considered at the
June 10, 2008 City Council Meeting.
Nancy Gibb City Clerk