02-24-09 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 24, 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; Jim Topitzhofer, Recreation
Services Director; Pam Dmytrenko, Assistant to the City Manager; Corrine
Heine, City Attorney; and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
Susan Rosenberg, 6633 Thomas Avenue, announced the upcoming Richfield Housing
Appreciation Day.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council Worksession of
February 10, 2009; (2) Special City Council Meeting of February 10, 2009; and (3) Regular City
Council Meeting of February 10, 2009.
Motion carried 5-0.
Council Meeting Minutes -2- February 24, 2009
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 COUNCIL DISCUSSION
?
HATS OFF TO HOMETOWN HITS
Council Member Fitzhenry discussed the League of Minnesota Cities training for newly-
elected officials he recently attended.
Council Member Sandahl discussed the Comprehensive Incident Based Reporting System
for law enforcement agencies. She acknowledged the audit assistance provided by Elaine Elsen,
Records Supervisor.
Recreation Services Director Topitzhofer announced the upcoming Lincoln Athletic
Complex open house to receive input from the public on the concept renovation plan.
Council Member Elliott acknowledged the positive impression given by Richfield High
School students at various social and athletic events.
Council Member Elliott acknowledged the emergency response time of the Fire
Department.
Mayor Goettel discussed the recent Senate subcommittee hearing regarding the potential
public safety impacts resulting from the reduction of Local Government Aid (LGA) by the State.
She acknowledged the testifying of City Manager Devich, Public Safety Director Fritz, and Fire
Services Director Sveum.
Mayor Goettel stated she may need to leave tonight’s City Council meeting because she is
to testify in Bloomington at the State’s Town Hall Meeting regarding the budget.
Item #3 COUNCIL APPROVAL OF AGENDA
Mayor Goettel amended the agenda to table Item #7 as requested.
M/Wroge, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
Council Meeting Minutes -3- February 24, 2009
A. Consideration of approval of first reading of ordinance incorporating aircraft impact overlay
district for all new single and multi-family construction in all residential zoning districts within
2007 60+ DNL noise contours and scheduling public hearing and second reading for March
10, 2009 S.R. No. 46
B. Consideration of approval of resolution authorizing contract for purchase of services
between City of Richfield and Hennepin County for Sentencing to Services work crews in
amount of $41,200 for 2009 and $42,436 for 2010 S.R. No. 47
RESOLUTION NO. 10220
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER
INTO HENNEPIN COUNTY CONTRACT NO. A082359 WITH THE
COUNTY OF HENNEPIN, STATE OF MINNESOTA FOR
SENTENCING TO SERVICE (STS) PROGRAM SERVICES THROUGH
DECEMBER 31, 2010
This resolution appears as Resolution No. 10220.
C. Consideration of approval of resolution authorizing 2009 social service funding
recommendations in total amount of $92,507 and authorizing City Manager to executive
agreements for service with those funded agencies S.R. No. 48
RESOLUTION NO. 10221
A RESOLUTION APPROVING THE 2009 SOCIAL SERVICE AGENCY
FUNDING RECOMMENDATIONS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS FOR SERVICE WITH
THOSE AGENCIES FUNDED BY THE CITY
This resolution appears as Resolution No. 10221.
D. Consideration of approval of purchase of four unmarked Public Safety vehicles from
Car/Truck City for $33,130, Nelson Auto Center for $18,670.97 and Denny Hecker Automall
for $20,680, plus license fees S. R. No. 49
M/Sandahl, S/Wroge to approve the Consent Calendar.
Motion carried 5-0.
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #6 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO
RICHFIELD CITY CODE 1202.07 SUBD. 3(B) REQUIRING ONLY ON-SALE
INTOXICATING LIQUOR LICENSED ESTABLISHMENTS TO HAVE TOTAL
MARKET VALUE, INCLUDING LAND AND BUILDINGS, OF AT LEAST $600,000
AS LICENSE ELIGIBILITY REQUIREMENT S.R. NO. 50
Council Meeting Minutes -4- February 24, 2009
Council Member Elliott presented Staff Report No. 50.
M/Elliott, S/Goettel that this constitutes the second reading of Bill No. 2009-2 amendment to
Richfield City Code 1202.07 Subd. 3(b) requiring only on-sale intoxicating liquor licensed
establishments to have market value, including land and buildings, of at least $600,000 as license
eligibility requirement, that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 5-0.
Item #7 CONSIDERATION OF RESOLUTION REGARDING REQUEST BY VELMEIR
COMPANIES FOR PENN AVENUE DEVELOPMENT MORATORIUM EXCEPTION
FOR PROPERTY AT 6528 PENN AVENUE S.R. NO. 51
This item was removed from the agenda.
Item #8 CONSIDERATION RESOLUTION APPROVING AMENDMENT TO 2008-2009
LABOR AGREEMENT WITH 9-1-1 DISPATCHERS LAW ENFORCEMENT
LABOR SERVICES LOCAL 225 S.R. NO. 52
Council Member Fitzhenry presented Staff Report No. 52.
M/Fitzhenry, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10222
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS
AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE
LAW ENFORCEMENT LABOR SERVICES LOCAL 225
Motion carried 5-0. This resolution appears as Resolution No. 10222.
Item #9 CONSIDERATION OF RESOLUTION APPROVING AMENDMENT TO 2008-2009
LABOR AGREEMENT WITH POLICE SUPERVISORS LAW ENFORCEMENT
LABOR SERVICES LOCAL 162 S.R. NO. 53
Council Member Sandahl presented Staff Report No. 53.
M/Sandahl, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
Council Meeting Minutes -5- February 24, 2009
RESOLUTION NO. 10223
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS
AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE
LAW ENFORCEMENT LABOR SERVICES LOCAL 162
Motion carried 5-0. This resolution appears as Resolution No. 10223.
Item #10 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCES
REGARDING VACATION OF HIGHWAY EASEMENTS WITHIN PROPERTY AT
1901 66TH STREET EAST; PUBLIC WORKS MAINTENANCE FACILITY
S.R. NO. 54
Council Member Wroge presented Staff Report No. 54.
M/Wroge, S/Sandahl to close public hearing.
Motion carried 5-0.
M/Wroge, S/Sandahl that this constitutes the second reading of Bill No. 2009-3, Transitory
Ordinance No. 18.62 vacating highway easement within property at 1901 66th Street East (Public
Works Maintenance Facility), that it be published in the official newspaper and that it be made part
of these minutes.
Motion carried 5-0.
M/Wroge, S/Sandahl that this constitutes the second reading of Bill No. 2009-4, Transitory
Ordinance No. 18.63 vacating highway easement within property at 1901 66th Street East (Public
Works Maintenance Facility), that it be published in the official newspaper and that it be made part
of these minutes.
Motion carried 5-0.
Item #11 PUBLIC HEARING REGARDING RESOLUTION ORDERING PLANS AND
SPECIFICATIONS FOR 2009 ALLEY PAVING PROJECT AND RESOLUTION
DECLARING OFFICIAL INTENT OF CITY OF RICHFIELD TO REIMBURSE
CERTAIN EXPENDITURES FROM PROCEEDS OF BONDS TO BE ISSUED BY
CITY S.R. NO. 55
Council Member Elliott presented Staff Report No. 55.
Assistant City Engineer Asher reviewed the proposed project area.
City Manager Devich explained the funding by the Permanent Improvement Revolving Fund.
Council Meeting Minutes -6- February 24, 2009
Brad Marshall, 6404 Emerson Avenue, discussed his concerns regarding the alley project
and its impact on his garage.
Public Works Director Eastling explained the understanding between Richfield and MnDOT
related to the right to use the alley through the plan design process.
City Attorney Heine clarified that if the alley was entirely constructed on Richfield right-of-
way, MnDOT has the authority to take over the right-of-way through a commission order. She
added that she is not uncomfortable with the current understanding with MnDOT.
M/Wroge, S/Sandahl to close public hearing.
Motion carried 5-0.
M/Elliott, S/Sandahl that the following resolutions be adopted and that they be made part of
these minutes:
RESOLUTION NO. 10224
RESOLUTION ORDERING THE PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE 2009 ALLEY PAVING PROJECT
This resolution appears as Resolution No. 10224.
RESOLUTION NO. 10225
DECLARING THE OFFICIAL INTENT OF THE
CITY OF RICHFIELD TO REIMBURSE
CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
This resolution appears as Resolution No. 10225.
Motion carried 5-0.
Item #12 CONSIDERATION OF AUTHORIZATION TO PROCEED WITH CREATION OF
DEVELOPMENT AGREEMENT BETWEEN CITY OF RICHFIELD AND
LANEL/SUSEE RELATING TO PUBLIC FINANCING PROVIDED BY CITY, ROAD
CONSTRUCTION AND PROPERTY ACQUISITION FOR PROPOSED
REDEVELOPMENT OF CEDAR POINT PHASE II HOUSING AREA AND
APPRAISAL FOR ACQUISITION OF RIGHT-OF-WAY FOR FUTURE RICHFIELD
PARKWAY BETWEEN 63RD AND 65TH STREETS ALONG 17TH AVENUE
S.R. NO. 56
Council Member Fitzhenry presented Staff Report No. 56.
Council Member Elliott questioned the priority level and debt subordination of the City in the
financing of the project.
Community Development Director Stark stated HRA legal counsel is researching this
matter. Staff understands from the developer that they are in financial negotiations with several
lending institutions. Subordination will be in the developer agreement.
Council Meeting Minutes -7- February 24, 2009
Council Member Sandahl stated the City Council action tonight authorizes moving forward
to determine the value of the right-of-way.
Council Member Wroge questioned why only one appraisal firm submitted a proposal. He
suggested the seeking of proposals be put out for bid in the future. He agreed that subordination
on the debt is a large issue.
Council Member Wroge cautioned homeowners that the City Council action tonight is not
signing a contract to build the project.
City Manager Devich explained that the appraisal firm who submitted the proposal is used
by many cities, including previously by Richfield.
Council Member Fitzhenry stated the process needs to be forward because homeowners
are in limbo.
Mayor Goettel stated the financial burden is a concern but the developer is credible with a
history in Richfield and the process should move forward.
Council Member Sandahl agreed that the process should move forward.
M/Fitzhenry, S/Sandahl to approve authorization to proceed with creation of development
agreement between the City of Richfield and LaNel/Susee relating to public financing provided by
city, road construction, and property acquisition for proposed redevelopment of Cedar Point Phase
II housing area and appraisal for acquisition of right-of-way for future Richfield Parkway between
63rd and 65th Streets along 17th Avenue.
Council Member Wroge stated the HRA will need to approve the expenditure for the
appraisal and these are eligible tax increment financing expenses.
Council Member Elliott clarified the motion includes the $14,000 appraisal fee.
Motion carried 5-0.
Mayor Goettel left the City Council Meeting at 8:10 p.m.
Council Member Sandahl now serves as Mayor Pro Tempore.
Item #13 CITY MANAGER’S REPORT
None.
Item #14 CLAIMS AND PAYROLL
M/Sandahl, S/Fitzhenry that the following claims and payrolls be approved:
U.S. BANK 02-24-09
A/P Checks: 183796 – 184097 $ 2,564,405.62
PAYROLL 55857 – 56188, 41410 – 41413 $ 495,924.42
TOTAL $ 3,060,330.04
Motion carried 4-0.
Council Meeting Minutes -8- February 24, 2009
OPEN FORUM
None.
The City Council meeting was adjourned by unanimous consent at 8:10 p.m.
Date Approved: march 10. 2009
Cheryl Kru holz
Recording Secretary
city Manager