11-10-08 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 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; Sue Sandahl; Susan Rosenberg; Fred Wroge; and
Bill Kilian.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
Brad Sveum, Fire Services Director; Nancy Gibbs, City Clerk; Corrine
Heine, City Attorney; and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
Sarah Hummel, Richfield Historical Society Director, reported on the progress of the sale of
the history book Richfield: Minnesota’s Oldest Suburb.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Kilian, S/Wroge to approve the minutes of (1) Special City Council Worksession of
October 28, 2008 and (2) Special City Council Meeting of October 28, 2008.
Motion carried 5-0.
Council Meeting Minutes -2- November 10, 2008
Item #1 RECOGNITION OF CENTENNIAL BABIES
Council Member Rosenberg presented the Centennial Babies certificates from the City of
Richfield and gifts provided by Richfield Bloomington Credit Union (RBCU) and Babies’R’Us.
Item #2 PROCLAMATION DESIGNATING RICHFIELD YOUTH, DALE AUSTIN,
AS 9-1-1 HERO
Fire Services Director Sveum presented a proclamation designating Richfield youth, Dale
Austin, as 9-1-1 Hero.
COUNCIL DISCUSSION
Item #6
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SPECIAL CITY COUNCIL MEETING ON FRIDAY, JANUARY 2, 2009
?
HATS OFF TO HOMETOWN HITS
The City Council consensus was to not hold a Special City Council Meeting on January 2,
2009 and have the organizational business items on the January 13, 2009 Regular City Council
Meeting agenda.
Mayor Goettel announced the 76th Street Bridge over I-35W was open.
Council Member Wroge recognized Mike Grose from Richfield Shoppes Midwest
Management, 66th Street and Nicollet Avenue, for their new building fronts.
Council Member Sandahl announced the Richfield High School band concert on November
18 at 7 p.m.
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Goettel requested that Item #5A be removed from the Consent Calendar to be
considered separately as Item #6.
M/Rosenberg, S/Wroge to approve the agenda as amended.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. Item was removed from Consent Calendar to be considered separately as Item #6.
Council Meeting Minutes -3- November 10, 2008
B. Consideration of approval of resolution designating City’s contribution toward health, term
life and dental insurance premiums for General Services and Management employees
S.R. No. 260
RESOLUTION NO. 10168
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE
PREMIUM FOR MANAGEMENT AND GENERAL SERVICES
EMPLOYEES
This resolution appears as Resolution No. 10168.
C. Consideration of approval of resolution amending previous agreement for Department of
Public Safety/Police accepting funding from Hennepin County Department of Human
Services and Public Health for Joint Community Police Partnership Police Cadet Program
S.R. No. 261
RESOLUTION NO. 10169
RESOLUTION AMENDING THE PREVIOUS AGREEMENT FOR THE
DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT FUNDING
FROM THE HENNEPIN COUNTY DEPARTMENT OF HUMAN
SERVICES AND PUBLIC HEALTH FOR A POLICE
CADET PROGRAM
This resolution appears as Resolution No. 10169.
D. Consideration of approval of resolution authorizing Agency Agreement No. 93690 between
Minnesota Department of Transportation and City of Richfield for construction engineering
services to oversee construction of Lyndale Avenue bridge over I-494 and $20,000 work
order to hire WSB & Associates to provide construction engineering services on Lyndale
Avenue bridge project S.R. No. 262
RESOLUTION NO. 10167
RESOLUTION AUTHORIZING APPROVAL OF AGENCY
AGREEMENT NO. 93690 BETWEEN THE MINNESOTA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF
RICHFIELD FOR CONSTRUCTION ENGINEERING FOR THE
LYNDALE AVENUE BRIDGE OVER I-494 PROJECT
This resolution appears as Resolution No. 10167.
E. Consideration of approval of agreement between Progressive Rail and City of Richfield to
close at grade rail crossing on two frontage roads along I-494 in Richfield and Bloomington
as part of Lyndale Avenue Bridge Project S.R. No. 263
F. Consideration of approval of agreement between Center Point Energy and City of Richfield
to relocate natural gas pipeline as part of Lyndale Avenue bridge over I-494 project S.R.
No. 264
G. Consideration of approval of replacing stop sign with yield sign on Vincent Avenue at 62nd
Street S.R. No. 265
Council Meeting Minutes -4- November 10, 2008
H. Consideration of approval of agreement for purchase of services between City of Richfield
and Hennepin County for Sentencing to Service work crews for 2008 in amount of $48,000
S.R. No. 266
I. Consideration of approval of continuation of plumbing and mechanical inspections and
code enforcement contract with City of Bloomington for City of Richfield, with changes in
costs S.R. No. 267
J. Consideration of approval of scheduling public hearing on December 9, 2008 for renewal of
pawnbroker and secondhand goods dealer licenses for 2009 for Metro Pawn and Gun, Inc.
and University Cash Company, LLC, d/b/a Avi’s Pawn and Jewelry S.R. No. 268
K. Consideration of approval of scheduling public hearing on December 9, 2008 for renewal of
on-sale wine and on-sale 3.2 percent malt liquor licenses for 2009 for Red Pepper Chinese
Restaurant, Thompson’s Fireside Pizza, Chipotle Mexican Grill of Colorado, LLC d/b/a
Chipotle Mexican Grill; Naviya’s Thai Restaurant, Patrick’s Bakery & Café and The Noodle
Shop-Colorado Inc. d/b/a Noodles and Company S.R. No. 269
L. Consideration of approval of scheduling public hearing on December 9, 2008 for renewal of
on-sale intoxicating and Sunday liquor licenses for 2009 for Khan’s Mongolian Barbeque;
Champps Operating Corporation d/b/a Champp’s Restaurant; Minneapolis-Richfield
American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and
Drink; Don Pablo’s Operating Corporation d/b/a Don Pablo’s; Wiltshire Restaurants, LLC
d/b/a Houlihan’s Restaurant & Bar; The Frenchmans; Taco Morelos; Jun Bo Chinese
Restaurant; and Richfield Hotel Associates d/b/a Ramada Inn S.R. No. 270
M/Kilian, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Former Item #5A - Consideration of approval of resolution determining results of
City’s General Election on Tuesday, November 4, 2008 S.R. No. 259
Council Member Sandahl requested City Clerk Gibbs explain the upcoming U.S. Senate
recount process.
City Clerk Gibbs discussed the statewide administrative recount for the office of U.S.
Senator from the November 4, 2008 General Election and the process to occur in Richfield.
M/Sandahl, S/Rosenberg that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10166
RESOLUTION DETERMINING RESULTS OF THE GENERAL
ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY,
NOVEMBER 4, 2008
Motion carried 5-0. This resolution appears as Resolution No. 10166.
Council Meeting Minutes -5- November 10, 2008
Item #7 CONSIDERATION OF AUTHORIZING CITY MANAGER TO EXECUTE
AGREEMENT WITH ORFIELD LABORATORIES, INC. FOR CERTIFIED BUILDING
AND PERFORMANCE STANDARDS FOR NEW POLICE/FIRE/CITY HALL
FACILITY IN AMOUNT NOT TO EXCEED $152,500 S.R. NO. 271
Council Member Kilian presented Staff Report No. 271.
M/Kilian, S/Sandahl to authorize the City Manager to execute an agreement with Orfield
Laboratories, Inc. for certified building and performance standards for new Police/Fire/City Hall
Facility in amount not to exceed $152,500.
Council Member Wroge questioned the Council Chambers being excluded from the building
performance process and requiring a separate additional fee for service.
City Manager Devich replied the Council Chambers is a special process because of
acoustical, day lighting, lights, and audio/visual modeling, and technical consulting. The Orfield
agreement is for base services.
Council Member Wroge stated it appears the fee for services was not negotiated since it
remained the same.
City Manager Devich responded that this is a proposal that reflects Orfield’s flat fee with
flexibility in the actual consulting services.
City Attorney Heine stated there was a conference call with City Manager Devich, a
Kennedy & Graven attorney, and Steve Orfield regarding the contract to avoid potential cost
control issues.
City Manager Devich added the architectural agreement is still being prepared and the
Orfield building performance standards need to be incorporated into it.
Council Member Wroge expressed that he had an additional problem with the Orfield
agreement related to the legal consulting services on indemnity and arbitration costs.
Council Member Kilian stated the City Council action tonight is to authorize the City
Manager to execute an agreement with Orfield in an amount not to exceed $152,500.
City Manager Devich suggested the City Council could postpone action to November 25,
2008 if the City Council wishes to have the exact Orfield contract.
City Attorney Heine suggested an alternative motion to authorize the City Manager to
execute an agreement with Orfield Laboratories, Inc. on the key financial terms as stated in the
Staff Report and delegate to the City Manager, the authority to modify other terms of the
agreement as set forth in the proposal.
Council Member Wroge stated he will abstain from voting because Mr. Orfield is a relative.
Council Member Rosenberg expressed discomfort with Orfield Laboratories, Inc. because
CHAT III’s preference was to not recommend the services. She said she would support the motion
tonight but under duress.
Council Meeting Minutes -6- November 10, 2008
City Attorney Heine stated there appears to be a City Council consensus to provide
direction to the City Manager to negotiate, but not execute, a contract with Orfield Laboratories,
Inc. in accordance to terms in the Staff Report.
Council Member Kilian amended the motion to include the City Attorney’s suggestion.
City Attorney Heine stated that based upon discussion this evening, she suggested the City
Council table action on this matter until the November 25 Regular City Council Meeting. She
added the City Manager has received a sense of direction on proceeding with Orfield Laboratories,
Inc. and Wold Architects.
M/Kilian, S/Sandahl to table action on this item to November 25, 2008.
Motion carried 4-0. (Wroge abstain)
Item #8 CITY MANAGER REPORT
City Manager Devich requested direction on how to proceed regarding federal lobbying
services for transportation funding (77th Street to the east) provided by principal lobbyist Dennis
McGrann, Lockridge, Grindal, & Naven, based in Washington, D.C. The estimate cost could be
$4,000 – 5,000 per month, which is not budgeted so the funding source needs to be identified.
Council Member Sandahl stated the transportation bill comes up only periodically for review
and lobbying should be considered so there is consistent representation.
Mayor Goettel stated lobbying may be advantageous because access to the Congressional
delegation is key.
Council Member Kilian agreed with an effort to use a lobbyist.
Council Member Wroge stated he believed there is no need for a lobbyist since U.S. Rep.
Jim Oberstaris from Minnesota and is on the House Committee on Transportation and
Infrastructure.
City Manager Devich stated more information will be provided and he will schedule Mr.
McGrann to meet with the City Council in the future.
Item #9 CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
U.S. BANK 11-10-08
A/P Checks: 180768 – 181158 $ 2,796,304.53
PAYROLL 53228 – 53560, 41393 $ 551,159.47
TOTAL $ 3,347,464.00
Motion carried 5-0.
Council Meeting Minutes -7- November 10, 2008
OPEN FORUM
None.
The City Council meeting was adjourned by unanimous consent at 8:25 p.m.
Date Approved:. November 25, 2008
~~~~~~~
Cheryl Krumholz
Recording Secretary
City Manager