04-14-09 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 14, 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
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Wroge, S/Sandahl to approve the minutes of (1) Special City Council Meeting of March
23, 2009; and (2) Regular City Council Meeting of March 24, 2009.
Motion carried 5-0.
Council Meeting Minutes -2- April 14, 2009
Item #1 PRESENTATION BY UNITED STATES FIFTH CONGRESSIONAL DISTRICT
REPRESENTATIVE ELLISON
United States Fifth Congressional District Representative Keith Ellison reported on
legislative activities.
Item #2 PRESENTATION BY HENNEPIN COUNTY SHERIFF RICHARD W. STANEK
Hennepin County Sheriff Richard W. Stanek reported on happenings at the Sheriff’s Office,
in particular the collaboration on projects with the Richfield Police Department.
Item #3 ANNUAL MEETING WITH CHARTER COMMISSION
Martin Kirsch, Charter Commission Chair, 6725 Penn Avenue, provided a report on the
Commission’s activities and goals.
Item #4 PRESENTATION OF PROCLAMATION DESIGNATING EARTH DAY IN
RICHFIELD
Mayor Goettel presented to Recreation Services Director Topitzhofer a proclamation
designating Earth Day in Richfield.
Item #5 COUNCIL DISCUSSION
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HATS OFF TO HOMETOWN HITS
Council Member Elliott commended the City Council and School Board on the excellent
communication at the earlier worksession.
Council Member Wroge congratulated the businesses who recently passed a Public Safety
compliance check. This was the first time all businesses checked passed.
Council Member Wroge discussed his concerns regarding the Richfield Sun Current
newspaper discontinuing free bulk delivery to high density living units, instead requiring each unit
to have a paid subscription if they wish to receive it. Free delivery is still provided to single family
residences.
The City Council consensus was to direct the City Manager to contact the Sun corporate
office to discuss reaching a compromise in delivery options or have the City consider an alternative
newspaper for publishing public legal notices.
Council Meeting Minutes -3- April 14, 2009
Mayor Goettel announced the upcoming Friends of Wood Lake (FOWL) dinner.
City Manager Devich reported, as requested, on the City’s efforts in receiving federal
stimulus grant funds, including for law enforcement, fire, transportation, and energy improvements.
Council Member Sandahl announced the 35W/62 interchange construction public meeting
on April 28.
Council Member Fitzhenry reported on new technology to track airplane flight paths and
runway construction work to begin in August.
Council Member Fitzhenry reported on the first meeting of the Property Excellence Task
Force.
Item #6 COUNCIL APPROVAL OF AGENDA
Mayor Goettel added Agenda Item #12B - Consideration of making a staff appointment to
the I-494 Corridor Commission due to the recent retirement of City Transportation Engineer Tom
Foley.
M/Sandahl, S/Elliott to approve the agenda as amended.
Motion carried 5-0.
Item #7 CONSENT CALENDAR
A. Consideration of approval of purchase of Maenke Brothers Outdoor, Inc. services for
landscaping maintenance of 77th Street and LHN maintenance districts and 35W and 66th
Street bridge area for total cost of $41,987.24 S.R. No. 79
B. Consideration of approval of agreement with Harris Mechanical Service, Inc. to conduct
technical study for Richfield Ice Arena S.R No. 80
C. Consideration of approval of contract with Busch Architects for schematic design, design
development and construction documents for renovation of Lincoln Athletic Complex in
amount not to exceed $71,500 S.R. No. 81
D. Consideration of approval of transfer of funds in amount of $54,179 from Airport Noise
Acquisition Program Fund for costs related to relocation, acquisition and demolition of
property located at 6645-17th Avenue S.R. No. 82
E. Consideration of approval of purchase of two Ford F350 trucks with dump box and sander
consisting of:
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Two Ford F350 cab and chassis from Elk River Ford for $44,806.77;
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Magnum Aluminum Contractor Body from Midland Equipment Co. for $21,425;
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Two V-box salt spreaders and one Blizzard plow from Stonebrooke Equipment, Inc. for
$18,413.85; and
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One Western snow plow from Aspen Equipment for $5,242.21
for use by Park Maintenance Division in total amount of $89,887.83 S.R. No. 83
F. Consideration of approval of change order to Gundlach Champion for credit (deduct) of
$5,251 for new Maintenance Facility S.R. No. 84
M/Sandahl, S/Wroge to approve the Consent Calendar.
Council Meeting Minutes -4- April 14, 2009
Motion carried 5-0.
Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #9 PUBLIC HEARING REGARDING SECOND READING OF TRANSITORY
ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS
FROM SPECIAL REVENUE FUND S.R. NO. 85
Council Member Wroge presented Staff Report No. 85.
M/Wroge, S/Goettel to close public hearing.
Motion carried 5-0.
M/Wroge, S/Sandahl that this constitutes the second reading of Bill No. 2009-8, Transitory
Ordinance No. 18.64 providing funding for certain capital improvements from Special Revenue
Fund, that it be published in the official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item #10 CONSIDERATION OF FIRST READING OF DISEASED TREE REMOVAL
ORDINANCE AMENDING RICHFIELD CITY CODE SECTION 910, SUBSECTION
910.15 AND SCHEDULING SECOND READING FOR APRIL 28, 2009 S.R. NO. 86
Council Member Sandahl presented Staff Report No. 86.
M/Sandahl, S/Goettel to approve the first reading of diseased tree removal ordinance
amending Richfield City Code Section 910, Subsection 910.15 and scheduling second reading for
April 28, 2009.
Council Member Wroge discussed his concerns regarding the reference in the ordinance to
the Commissioner of Agriculture’s guideline.
Public Works Director Eastling explained the State no longer requires the 20 day limit.
Council Member Wroge said he would make a motion to not move forward on this
ordinance because the Commissioner’s guideline is unclear.
Council Member Wroge discussed his concerns about having no limit on the Dutch Elm
disease (DED) tree removal because it could increase the spread of the disease. He reviewed the
information provided on forestry operations in other cities.
Council Meeting Minutes -5- April 14, 2009
Council Member Wroge questioned staff duties during the winter season if tree
maintenance is up to date.
Public Works Director Eastling explained the staffing level and duties.
Council Member Fitzhenry asked about the maximum time limit on tree removal and
enforcement.
Public Works Director Eastling explained the active and dormant times of the DED beetle
and the related marking of the trees and their removal, including the stump.
Council Member Sandahl stated the ordinance permits the Public Works Department to
abate the nuisances and if the timeline is removed from the ordinance, a policy can be established
in its place.
Mayor Goettel questioned the enforcement of a policy.
City Attorney Heine explained the ordinance does allow a time period set by the Public
Works Department. She added that enforcement should be reasonable and relatively consistent to
the circumstances.
Motion carried 4-1. (Wroge oppose)
Item #11 CONSIDERATION OF FIRST READING OF ORDINANCE REPEALING
RICHFIELD ORDINANCE NO. 2008-19 REGARDING CURRENT PENN AVENUE
CORRIDOR MORATORIUM AND SCHEDULING SECOND READING FOR APRIL
28, 2009 AND RESOLUTION AUTHORIZING STAFF TO BEGIN ACCEPTING
DEVELOPMENT APPLICATIONS FOR PROPERTIES WITHIN PENN AVENUE
CORRIDOR MORATORIUM AREA BETWEEN HIGHWAY 62 AND 68TH STREET
S.R. NO. 87
Council Member Elliott presented Staff Report No. 87.
M/Elliott, S/Goettel to approve first reading of ordinance repealing Richfield Ordinance No.
2008-19 regarding current Penn Avenue Corridor moratorium and scheduling second reading for
April 28, 2009 and that the following resolution be adopted and that the following resolution be
adopted and that it be made part of these minutes:
RESOLUTION NO. 10235
A RESOLUTION CONCERNING THE MORATORIUM ON
DEVELOPMENT WITHIN THE PENN AVENUE CORRIDOR
BETWEEN HIGHWAY 62 AND 68TH STREET
Motion carried 5-0. This resolution appears as Resolution No. 10235.
Item #12 CONSIDERATION OF PROPOSED SCHEMATIC DESIGN CONCEPT FOR NEW
POLICE/FIRE/CITY HALL FACILITY S.R. NO. 88
Council Meeting Minutes -6- April 14, 2009
Council Member Fitzhenry presented Staff Report No. 88.
Mike Klass, Wold Architects and Engineers, presented the proposed schematic design
concept for the new Police/Fire/City Hall facility.
Council Member Wroge stated he did not support taking out the tennis courts to make long-
term parking space because it is not keeping a promise to the neighborhood to minimize parking.
Parking during construction would be acceptable.
Council Member Elliott agreed with Council Member Wroge, adding that he endorsed the
site lines but there needs to be a balance and preservation of the tennis court amenities.
Council Member Sandahl questioned the public space to accommodate other meetings in
the Council Chambers.
Mr. Klass explained the next step in the process is layout and function.
M/Fitzhenry, S/Sandahl to approve the proposed schematic design concept for new
Police/Fire/City Hall facility.
Motion carried 5-0.
Item #12B CONSIDERATION OF MAKING A STAFF APPOINTMENT TO THE I-494
CORRIDOR COMMISSION DUE TO THE RECENT RETIREMENT OF CITY
TRANSPORTATION ENGINEER TOM FOLEY
M/Goettel, S/Sandahl to appoint Kristin Asher as staff liaison to the I-494 Corridor
Commission due to the recent retirement of City Transportation Engineer Tom Foley.
Motion carried 5-0.
Item #13 CITY MANAGER’S REPORT
City Manager Devich reported on the following items:
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Annual Citizen of the Year award
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Delay of the Metropolitan Council’s Interceptor Project
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Funding for Richfield Parkway and 77th Street underpass
Public Works Director Eastling discussed the options for traffic control at the intersection of
64th Street/16th Avenue to address traffic through the neighborhood due to Cedar Point.
The City Council consensus was to have staff discuss the options with the neighborhood.
Mayor Goettel discussed the attendance and quorum issues for some advisory
commissions.
Public Works Director Eastling discussed the ownership of the road around Taft Park.
Council Meeting Minutes -7- April 14, 2009
Item #14 CLAIMS AND PAYROLL
M/Sandahl, S/Wroge that the following claims and payrolls be approved:
U.S. BANK 04-14-09
A/P Checks: 184753 - 185198 $ 3,461,271.56
PAYROLL 56843 - 57164, 41416 $ 536,033.01
TOTAL $ 3,997,304.57
Motion carried 5-0.
OPEN FORUM
None.
The City Council meeting was adjourned by unanimous consent at 9:05 p.m.
Date Approved: April 28, .2009
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Cheryl K umholz
Recording Secretary
City Manager