04-28-09 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 28, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:03 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; and Tom Fitzhenry.
Members Absent: Sue Sandahl.
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; Brad Sveum, Fire
Services Director; Corrine Heine, City Attorney; and Cheryl Krumholz,
Recording Secretary.
M/Fitzhenry, S/Wroge to determine the absence of Council Member Sandahl from the
Special City Council Worksession and City Council Meeting of April 28, 2009 as an excused
absence.
Motion carried 4-0.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Council Meeting Minutes -2- April 28, 2009
M/Wroge, S/Elliot to approve the minutes of (1) Special City Council Worksession of April 9,
2009; (2) Special Concurrent City Council and Richfield School Board Worksession of April 14,
2009; (3) Regular City Council Meeting of April 14, 2009; and (4) Special City Council Worksession
of April 14, 2009.
Motion carried 4-0.
Item #1 PRESENTATION BY HENNEPIN COUNTY ATTORNEY MIKE FREEMAN
Hennepin County Attorney Freeman reported on crime trends and outcomes in the metro
area.
Item #2 COUNCIL DISCUSSION
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HATS OFF TO HOMETOWN HITS
Amy Dusek, City of Richfield community liaison, announced the May 5 Cinco de Mayo
event at Augsburg Park.
Alma Dominguez-Ramos, Richfield High School student, announced the May 29 Face 2
Face event, an opportunity for youth and police to learn about each other and talk about
community issues, at the Richfield Community Center.
Public Safety Director Fritz presented a plaque to Council Member Fitzhenry in recognition
of his retirement from 30 years service as a Richfield Police Officer.
Council Member Elliott announced the May 1 FOWL dinner and also the May 1 the
Richfield of Dreams – a Richfield Tradition in Baseball event.
Council Member Elliott acknowledged the assistance and response provided by City staff,
especially the City Manager, when he has questions on issues.
Council Member Fitzhenry congratulated long-time City employees Randy Hughes and Dan
Mead on their upcoming retirement.
City Manager Devich discussed the Richfield emergency preparedness program to address
the recent swine flu outbreak.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Wroge, S/Fitzhenry to approve the agenda.
Motion carried 4-0.
Council Meeting Minutes -3- April 28, 2009
Item #4 CONSENT CALENDAR
A. Consideration of approval of continuation of public hearing and second reading to May 12,
2009 of transitory ordinance authorizing planning, design and construction of renovation of
Lincoln Athletic Complex S.R. No. 89
B. Consideration of approval of first reading of transitory ordinance authorizing upgrade or
replacement of HVAC, lighting and refrigeration equipment at Richfield Ice Arena and
scheduling public hearing and second reading for May 26, 2009 S.R. No. 90
C. Consideration of approval of resolution accepting $66,331 grant from U.S. Department of
Homeland Security/Federal Emergency Management Agency, Assistance to Firefighters
Grant for purchase of lap top computers and Automatic Vehicle Locators for Fire
Department response vehicles S.R. No. 91
RESOLUTION NO. 10237
RESOLUTION AUTHORIZING ACCEPTANCE OF US DEPARTMENT
OF HOMELAND SECURITY/FEDERAL EMERGENCY MANAGEMENT
AGENCY, ASSISTANCE TO FIREFIGHTERS GRANT, RECEIVED BY
THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO
ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT
AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS
This resolution appears as Resolution No. 10237.
D. Consideration of approval of resolution affirming and ratifying submittal of applications to
Hennepin County for Environmental Response Fund Grant for environmental assessment
work at 211 76th Street West, 7500 Penn Avenue, 6401 Lyndale Avenue and 521 64th
Street West S.R. No. 92
RESOLUTION NO. 10236
RESOLUTION AFFIRMING AND RATIFYING CITY’S STAFF
SUBMITTAL OF AN APPLICATION TO HENNEPIN COUNTY FOR
ENVIRONMENTAL RESPONSE GRANT FUNDS FOR 211 76TH
STREET WEST, 7500 PENN AVENUE, 6401 LYNDALE AVENUE,
AND 521 64TH STREET WEST
This resolution appears as Resolution No. 10236.
Council Member Elliott questioned the submittal of grants (Item #4D) to assist property that
is not owned by the City.
Community Development Director Stark explained that this is a typical economic
development function because Hennepin County cannot give grants to private properties to assist in
identifying environmental hazards. The cost of cleanup of any hazards is the property owner’s
responsibility.
Mayor Goettel thanked staff for their successful efforts in writing and obtaining grants.
M/Goettel, S/Elliott to approve the Consent Calendar.
Motion carried 4-0.
Council Meeting Minutes -4- April 28, 2009
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #6 CONSIDERATION OF SECOND READING OF ORDINANCE REPEALING
DEVELOPMENT MORATORIUM CURRENTLY IN PLACE IN PENN AVENUE
CORRIDOR S.R. NO. 93
Council Member Elliott presented Staff Report No. 93.
M/Elliott, S/Wroge that this constitutes the second reading of Bill No. 2009-9 repealing
development moratorium currently in place in Penn Avenue Corridor, that it be published in the
official newspaper and that it be made part of these minutes.
Motion carried 4-0.
Item #7 CONSIDERATION OF SECOND READING OF DISEASED TREE REMOVAL
ORDINANCE AMENDING RICHFIELD CITY CODE SECTION 910, SUBSECTION
910.15 AND ALTERNATIVE POLICY FOR DISEASED BOULEVARD TREE
REMOVAL S.R. NO. 94
Mayor Goettel presented Staff Report No. 94.
M/Goettel, S/Fitzhenry that this constitutes the second reading of Bill No. 2009-10 diseased
tree removal ordinance amending Richfield City Code Section 910, Subsection 910.15 and
alternative policy for diseased boulevard tree removal, that it be published in the official newspaper
and that it be made part of these minutes.
Council Member Wroge discussed his conversation with Sue Burke, Minnesota Department
of Natural Resources (DNR), related to concerns with the proposed diseased tree removal
process, the significance of the removal of an infected tree by July 15, stump removal, need for
staff to be TICIP certified, and the ability to make a nuisance pest declaration anytime.
Council Member Wroge suggested the City Council consider inviting Ms. Burke or a
University of Minnesota representative to a City Council meeting. He also requested the City
Council consider putting the proposed ordinance and policy on hold until these individuals could
address the City Council.
Public Works Director Eastling introduced City staff, Jaeson Morrison and Chris Link, as
certified tree inspectors who are performing inspections and markings of diseased trees.
Mayor Goettel suggested establishment of the diseased tree removal policy be after the
DNR discussion.
Council Meeting Minutes -5- April 28, 2009
Public Works Director Eastling stated the policy permits flexibility in the tree removal
process with different diseases. However, staff is open to City Council direction and clarification.
The focus of staff in the summer is street maintenance so use of a contractor could get infected
trees down by July 15.
Council Member Fitzhenry stated the ordinance gives the ability to recommend the policy
guidelines and is quicker to establish than a new ordinance requiring additional time for the
required first and second reading.
City Attorney Heine explained the ordinance allows the Public Works Director to specify the
time period based upon the type of infestation for tree removal. The policy works off the ordinance
as established by City Council direction or an adopted resolution.
City Attorney Heine added that if there are substantial modifications to the proposed
ordinance, a new first and second reading is suggested to allow time for public review.
Council Member Elliott stated the ordinance accomplishes the flexibility to address the
process for various diseased tree removal.
City Manager Devich said he would prefer the policy be established by City Council
resolution.
Mayor Goettel amended her original motion to indicate establishment of an alternate policy
to be set by the City Council for diseased tree removal at a future City Council meeting.
Council Member Wroge seconded the amended motion.
M/Goettel, S/Wroge that this constitutes the second reading of Bill No. 2009-10 diseased
tree removal ordinance amending Richfield City Code Section 910, Subsection 910.15, that it be
published in the official newspaper and that it be made part of these minutes, and that an
alternative policy for diseased boulevard tree removal be established at a later date.
Motion carried 4-0.
Item #8 CONSIDERATION OF AWARD OF CONTRACT TO NORTH STAR TREE CARE
OF DISEASED TREE REMOVAL FROM PRIVATE PROPERTY IN 2009 FOR
AMOUNT OF $110,189 S.R. NO. 95
Council Member Fitzhenry presented Staff Report No. 95.
M/Fitzhenry, S/Goettel to approve award of contract to North Star Tree Care of diseased
tree removal from private property in 2009 for amount of $110,189.
Motion carried 4-0.
Item #9 CITY MANAGER’S REPORT
None.
Council Meeting Minutes -6- April 28, 2009
Item #10 CLAIMS AND PAYROLL
M/Wroge, S/Fitzhenry that the following claims and payrolls be approved:
U.S. BANK 04-28-09
A/P Checks: 185199 - 185505
PAYROLL 57165 - 57478, 4141.7 - 41421
TOTAL
Motion carried 4-0.
OPEN FORUM
None
$ 1,872,286.36
$ 505,434.59
$ 2,377,720.95
The City Council meeting was adjourned by unanimous consent at 8:05 p.m.
Date Approved: May 12, 2009
Cheryl rumh Iz
Recording Secretary
City Manager