01-27-09 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
January 27, 2009
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; Pat Elliott; Fred Wroge; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John
Stark, Community Development Director; Barry Fritz, Public Safety Director;
Jim Topitzhofer, Recreation Services Director; Corrine Heine, City Attorney;
and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
Mayor Goettel announced Item #7 regarding the proposed Cedar Point financing is removed
from the agenda and would be discussed at a future Special City Council Worksession.
Andrea Bolstad, 6339 – 16th Avenue, requested the City consider installing a stop sign on
64th Street at 16th Avenue. She requested the information sent to Cedar Point Phase II residents be
addressed by name so it is less likely for it to be considered junk mail. She stated she hoped the
Cedar Point II financing package still includes homeowner relocation costs and the taxable market
value of the property.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Council Meeting Minutes -2- January 27, 2009
APPROVAL OF MINUTES
M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council/City Hall Advisory
Task Force Meeting of January 8, 2009; (2) Special City Council Meeting of January 10, 2009; (3)
Special City Council Worksession of January 13, 2009; and (4) Regular City Council Meeting of
January 13, 2009.
Motion carried 5-0.
Item #1 RECOGNITION OF RICHFIELD CENTENNIAL BABIES
Susan Rosenberg, Centennial Celebrations representative, 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 PRESENTATION OF 2008 CITY OF RICHFIELD POLICE OFFICER OF THE
YEAR AWARD TO POLICE OFFICER ERIC TURNQUIST (COUNCIL MEMO
NO. 13)
Public Safety Director Fritz presented the 2008 City of Richfield Police Officer of the Year
Award to Police Officer Eric Turnquist.
Item #3 COUNCIL DISCUSSION
?
LETTER OF SUPPORT FOR ADLER GRADUATE SCHOOL (COUNCIL
MEMO NO. 14)
?
DESIGNATION OF CITY COUNCIL REPRESENTATIVE AND LIAISON TO
METRO CITIES FOR 2009 (COUNCIL MEMO NO. 15)
?
HATS OFF TO HOMETOWN HITS
Dan Haugen, Adler Graduate School, addressed the City Council regarding the school’s
connection to Richfield with educational programs focusing on counseling with industries, families,
and organizations and a proposed plan to have a Hennepin County hub at this location for social
services. He requested the City Council endorse the proposed hub concept with a letter of support.
The City Council consensus was to endorse the letter of support.
M/Sandahl, S/Elliott to designate Mayor Goettel as the 2009 representative to Metro Cities and
all the other City Council Members as alternates.
Motion carried 5-0.
Council Member Sandahl announced the January 29, 2009 Safe Routes to School Study open
house at Richfield High School.
Council Meeting Minutes -3- January 27, 2009
Council Member Fitzhenry complimented City staff’s participation in the recent Remodeling
Fair.
Council Member Fitzhenry reported on a recent Noise Oversight Committee Meeting.
Mayor Goettel reported on the Remodeling Fair.
City Manager Devich reported on Governor Pawlenty’s presentation of the Minnesota draft
budget to the Legislature. City Manager Devich discussed the signification impacts on Richfield
related to reduction in the Local Government Aid (LGA) allocations for 2009 and 2010.
Council Member Wroge encouraged Richfield residents to support local businesses during the
reconstruction of the Lyndale Avenue Bridge over I-494.
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed Item #7 to be discussed at a future Special City Council Worksession.
M/Wroge, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. Consideration of approval of first reading of transitory ordinance vacating highway easement
at 1901 66th Street East, (Public Works Maintenance Facility) as described in Certificate of
Title No. 1201966; first reading of transitory ordinance vacating highway easement at 1901
66th Street East (Public Works Maintenance Facility) as described in Certificate of Title No.
1184055; and scheduling public hearing and second reading for February 24, 2009 S.R. No.
19
B. Consideration of approval of resolution pertaining to filing of Pay Equity Report with Minnesota
Management and Budget Department S.R. No. 20
RESOLUTION NO. 10209
RESOLUTION PERTAINING TO FILING OF THE PAY EQUITY
REPORT WITH THE MINNESOTA MANAGEMENT AND
BUDGET DEPARTMENT
This resolution appears as Resolution No. 10209.
C. Consideration of approval of work plan from SEH, Inc. to prepare sanitary sewer section of
Comprehensive Plan and develop and calibrate sanitary sewer model for City of Richfield
S.R. No. 21
D. Consideration of approval of resolution authorizing amendment to Agency Agreement 93497
with Minnesota Department of Transportation and City of Richfield to relocate private utilities
as part of Lyndale Avenue Bridge Project S.R. No. 22
Council Meeting Minutes -4- January 27, 2009
RESOLUTION NO. 10207
RESOLUTION AUTHORIZING APPROVAL OF AMENDMENT NO. 1
TO AGENCY AGREEMENT NO. 93497 BETWEEN THE MINNESOTA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF
RICHFIELD TO RELOCATE UTILITIES AS PART OF THE LYNDALE
AVENUE BRIDGE OVER I-494 PROJECT
This resolution appears as Resolution No. 10207.
E. Consideration of approval of the following 2009 renewal of business licenses for 3.2 percent
liquor sales and 2008 license renewals to operate businesses in Richfield: S.R. No. 23
License to Sell 3.2 Percent Malt License to Operate in Richfield
Liquor A New Star Limousine & Taxi Service – 10
Airport Bowl – On-Sale vehicles
Aldi Foods – Off-Sale Airport Taxi – 11 vehicles
Davanni’s Pizza – On-Sale Black & White Taxi – 5 vehicles
El Jalapeno – Off-Sale Bloomington City Taxi – 5 vehicles
Kwik Way Foods – Off-Sale Gold Star Taxi – 27 vehicles
Lariat Lanes – On-Sale La Mexicana Express – 8 vehicles
RBF Corporation of Wisconsin Latino Express – 10 vehicles
(Rainbow Foods) – Off-Sale Suburban Taxi Corporation – 5 vehicles
Richfield Mobil Mart – Off-Sale Twin Cities Airport Taxi - 3 vehicles
Sandy’s Tavern – On-Sale
SuperAmerica #4186 – Off-Sale Paul’s Rentals & Sales – Trailers and Trucks
SuperAmerica #4188 – Off-Sale Rental
SuperAmerica #4191 – Off-Sale
SuperAmerica #4615 – Off-Sale
Vina Restaurant – On-Sale
M/Goettel, S/Sandahl to approve the Consent Calendar.
Motion carried 5-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #7 DISCUSS AND PROVIDE STAFF DIRECTION REGARDING PROPOSED PUBLIC
FINANCING IN AMOUNT OF $8,700,000 IN COMBINED 429 BONDING, TAX
INCREMENT FINANCING AND FANNIE MAE COMMUNITY EXPRESS LOAN
FUNDS SECURED BY CITY OF RICHFIELD TO ASSIST IN DEVELOPMENT OF
CEDAR POINT PHASE II AND CONSTRUCT PORTION OF RICHFIELD
PARKWAY S.R. NO. 24
This item was removed from the agenda.
Council Meeting Minutes -5- January 27, 2009
Item #8 CONSIDERATION OF SECOND READING OF AMENDING RICHFIELD CITY
CODE SUBSECTION 544.09 AND 544.25 RELATED TO EXTERIOR LIGHTING
AND TELECOMMUNICATION TOWERS AND ANTENNAS AND RESOLUTION
AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE AMENDMENT
S.R. NO. 25
Council Member Fitzhenry presented Staff Report No. 25.
M/Goettel, S/Wroge that this constitutes the second reading of Bill No. 2009-1 to approve
amending Richfield City Code Subsections 544.09 and 544.25 related to exterior lighting and
telecommunication towers and antennas, 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. 10210
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE AMENDING SUBSECTIONS 544.09 AND 544.25 OF
THE RICHFIELD CITY CODE RELATED TO EXTERIOR LIGHTING
AND TELECOMMUNICATION TOWERS AND ANTENNAS
Motion carried 5-0. This resolution appears as Resolution No. 10210.
Item #9 CONSIDERATION OF RESOLUTION IMPOSING CIVIL ENFORCEMENT ON
ESTABLISHMENT IN RICHFIELD THAT UNDERWENT TOBACCO CHECK
CONDUCTED BY RICHFIELD PUBLIC SAFETY STAFF AND FAILED BY
SELLING TOBACCO TO UNDERAGE YOUTH S.R. NO. 26
Council Member Elliott presented Staff Report No. 26.
Super America
– 2913 West 66th Street – A Super America representative admitted the
violation occurred and stipulated to the suspension and penalty.
M/Elliott, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10211
RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR SUPER
AMERICA, 2913 W. 66TH STREET, AND IMPOSING A CIVIL
PENALTY FOR SECOND TIME TOBACCO COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 10211.
Council Meeting Minutes -6- January 27, 2009
Item #10 CONSIDERATION OF RESOLUTIONS IMPOSING CIVIL ENFORCEMENT ON
ESTABLISHMENTS IN RICHFIELD THAT UNDERWENT ALCOHOL CHECK
CONDUCTED BY RICHFIELD PUBLIC SAFETY STAFF AND FAILED BY
SELLING ALCOHOL TO UNDERAGE YOUTH S.R. NO. 27
Council Member Wroge presented Staff Report No. 27.
Super America
– 7720 Nicollet Avenue South – A Super America representative admitted
the violation occurred and stipulated to the suspension and penalty.
M/Wroge, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10213
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT
MALT LIQUOR LICENSE FOR SUPER AMERICA, 7720 NICOLLET
AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST
TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 10213.
Richfield Inn/Ramada
– 7745 Lyndale Avenue South – A Richfield Inn/Ramada
representative admitted the violation occurred and stipulated to the suspension and penalty. He
stated their liquor license is not being renewed for 2009 because the restaurant and bar are now
closed due to the slow economy.
Council Member Wroge stated the fine will be levied but the alcohol awareness training is
waived because their liquor license is not being renewed.
M/Wroge, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10212
RESOLUTION IMPOSING A CIVIL PENALTY FOR RICHFIELD
INN/RAMADA, 7745 LYNDALE AVENUE SOUTH, FOR FIRST TIME
ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 10212.
Item #11 CONSIDERATION OF RESOLUTION ESTABLISHING RICHFIELD EMPLOYEE
EARLY RETIREMENT INCENTIVE PROGRAM S.R. NO. 28
Mayor Goettel presented Staff Report No. 28.
Council Member Sandahl asked what percentage of the City’s budget is salaries.
Council Meeting Minutes -7- January 27, 2009
City Manager Devich explained the bulk of the budget is directly or indirectly salaries. The
only way to meet the proposed LGA decrease is to reduce staffing levels and, ultimately, reduce
City services.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10208
RESOLUTION AUTHORIZING A ONE-TIME EARLY RETIREMENT
INCENTIVE PROGRAM FOR CALENDAR YEAR 2009
Motion carried 5-0. This resolution appears as Resolution No. 10208.
Item #12 CONSIDERATION OF PURCHASE OF CONSTRUCTION MANAGER SERVICES
FROM STAHL CONSTRUCTION COMPANY FOR NEW POLICE/FIRE/CITY HALL
FACILITY S.R. NO. 29
Mayor Goettel presented Staff Report No. 29.
City Manager Devich stated the contract signed by Stahl Construction was received this
afternoon and a copy was provided to the City Council tonight.
City Attorney Heine reviewed the changes between the draft contract provided to the City
Council with the Staff Report in their earlier distributed City Council packet and the signed contract
provided to them tonight.
Council Member Wroge questioned the discrepancy in the not to exceed amount in the draft
contract ($571,000) and the signed contract ($566,000).
City Manager Devich stated the contract is not to exceed $571,000.
Council Member Elliott said Stahl signed the contract so it is binding unless it is rescinded.
Scott Everson, Stahl Construction, explained the difference was an unintentional clerical
error in preparing the contract and the intention is not to exceed $571,000. If the City Council
approves the signed contract, that is the revised amount.
Council Member Elliott stated it appears to be a good faith effort and should not be held to a
clerical error. He added that his preference is to not approve contracts the same night they are
received because he would like time for review.
Council Member Elliott suggested the contract be revised and time be permitted for review.
City Attorney Heine stated the City Council can approve the contract in this form with the not
to exceed amount changes. If the City Council wants time to review the contract as a whole, it
should be returned for City Council consideration at another date.
Council Member Sandahl expressed support for moving forward tonight because City staff
and Stahl Construction are familiar with the intent of the contract and the City Attorney has
approved it.
Council Meeting Minutes -8- January 27, 2009
Mr. Everson stated their company will continue, in good faith, to move forward with
discussions with Wold Architects and Orfield Laboratories, Inc. whether the contract is approved
tonight nor not.
City Manager Devich said the City Council needs to be comfortable with the contract. Wold
Architects is waiting on the design phase of the building until the construction manager is on board.
Council Member Wroge sated he wanted time to review the contract as a whole.
M/Goettel, S/Elliott to table consideration to February 10, 2009, the Stahl Construction Co.
contract to allow time for revisions and review by the City Council.
Motion carried 5-0.
Item #13 CONSIDERATION OF APPOINTMENTS TO CITY ADVISORY COMMISSIONS
S.R. NO. 30
Council Member Sandahl presented Staff Report No. 30.
M/Sandahl, S/Goettel to approve the following appointments to the City advisory
commissions:
ADVISORY BOARD OF HEALTH
Name Term Expires
Benjavan Byrd-Warner January 31, 2012
Betty Gustafson January 31, 2012
Chris Olson January 31, 2012
Patrick Suglia January 31, 2012
Rhonda Gibson January 31, 2012
ARTS COMMISSION
Name Term Expires
Marilyn Anderson January 31, 2012
Kevin Klos January 31, 2012
Jacquelin Mihalik January 31, 2012
CIVIL SERVICE COMMISSION
Name Term Expires
Marc Sullivan January 31, 2012
COMMUNITY SERVICES COMMISSION
Name Term Expires
Reed Bornholdt January 31, 2012
Joe Hoover January 31, 2012
Joseph Springer January 31, 2012
Michele Thompson January 31, 2012
Council Meeting Minutes -9- January 27, 2009
PLANNING COMMISSION
Name Term Expires
Tom Rublein January 31, 2012
Gordon Vizecky January 31, 2012
TRANSPORTATION COMMISSION
Name Term Expires
Marty Kirsch January 31, 2012
Pat Sorenson January 31, 2012
Motion carried 5-0.
Item #13 CITY MANAGER’S REPORT
None.
Item #14 CLAIMS AND PAYROLL
M/Sandahl, S/Wroge that the following claims and payrolls be approved:
U.S. BANK 01-27-09
A/P Checks: 183124 – 183405 $ 1,470,270.19
PAYROLL 55204 – 55526, 41406 $ 509,419.46
TOTAL $ 1,979,689.65
Motion carried 5-0.
OPEN FORUM
Nate Nelson, 6401 – 16th Avenue, addressed the City Council regarding the Cedar Point
Phase II project and his concerns regarding the process moving forward.
Council Member Wroge stated there are no signed agreements in place at this time.
Mayor Goettel added that the process is at the mercy of the developers and the City’s
abilities to move forward are limited.
The City Council meeting was adjourned by unanimous consent at 8:44 p.m.
Council Meeting Minutes
Date Approved: February 10, 2009'"
Cheryl K umhol
Recording Secretary
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