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05-12-09 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting May 12, 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; 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 Debra Clarke, 6719 – 4th Avenue, spoke about her concerns related to the impacts on Heredia Park, environment, health, and property values due to the proposed expansion of the new City Hall. Chris Simenson, 6707 – 4th Avenue, spoke in opposition to the Heredia Park impacts, especially the tennis courts becoming a parking lot, based upon the April 2009 site plan for the proposed new City Hall expansion. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES Council Meeting Minutes -2- May 12, 2009 M/Wroge, S/Elliot to approve the minutes of (1) Special City Council Worksession of April 28, 2009; and (2) Regular City Council Meeting of April 28, 2009. Motion carried 5-0. Item #1 PRESENTATION OF CERTIFICATES OF APPRECIATION TO MISS RICHFIELD AMBASSADORS AND JUNIOR AMBASSADORS (COUNCIL MEMO NO. 74) Council Member Sandahl presented certificates of appreciation to Miss Richfield Ambassadors and Junior Ambassadors. Item #2 PRESENTATION OF RICHFIELD FOURTH OF JULY COMMITTEE REGARDING RICHFIELD’S 30TH FOURTH OF JULY COMMEMORATING FESTIVAL FOUNDER AND FORMER CITY COUNCIL MEMBER HOWARD BUNCE Jodi Olson, Fourth of July Committee representative, presented a plaque honoring Fourth of July festival founder and former City Council Member Howard Bunce. The plaque was accepted by Bob Houlton, 29 year Fourth of July Committee member, on behalf of the Bunce family. Item #3 PRESENTATION OF PROCLAMATION DESIGNATING MAY 13, 2009 AS WORLD FALUN DAFA DAY Mayor Goettel presented a proclamation designating May 13, 2009 as World Falun Dafa Day. Item #4 PRESENTATION OF PROCLAMATION DESIGNATING MAY 17-23, 2009 AS SALUTE TO SMALL BUSINESS WEEK IN RICHFIELD Council Member Wroge presented a proclamation designating May 17-23, 2009 as Salute to Small Business Week in Richfield. Pat Brekken, Chamber Board Chair, recognized Richfield’s small businesses – HUB Jewelers and LeRum Auto. Item #5 PRESENTATION OF RICHFIELD TOURISM PROMOTION BOARD, INC. FINANCIAL REPORT FOR YEAR ENDED DECEMBER 31, 2008 Council Meeting Minutes -3- May 12, 2009 Russ Susag, 6600 Pleasant Avenue #141, presented the Richfield Tourism Promotion Board, Inc. financial report for the year ending December 31, 2008. Item #6 ANNUAL MEETING WITH ADVISORY BOARD OF HEALTH Matt Tietje, Advisory Board of Health Chair, provided a report on the Board’s activities and goals. Item #7 PRESENTATION REGARDING NATIONAL PUBLIC WORKS WEEK Public Works Director Eastling recognized the efforts of the Public Works Department. Item #8 PRESENTATION OF PROCLAMATION DESIGNATING MAY 10-16, 2009 AS NATIONAL POLICE WEEK Council Member Fitzhenry presented to Public Safety Director Fritz a proclamation designating May 10-16, 2009 as National Police Week. Item #9 COUNCIL DISCUSSION ? CITY COUNCIL PARTICIPATION IN JULY 4 PARADE ? METROPOLITAN COUNCIL TRANSPORTATION ADVISORY BOARD (TAB) REPRESENTATIVE ? HATS OFF TO HOMETOWN HITS The City Council agreed to participate in the July 4 parade by each riding their bike; rather than riding a float. M/Goettel, S/Elliott to support Council Member Sandahl as the Metropolitan Council Transportation Advisory Board representative and that a letter of support be submitted. Motion carried 5-0. Mayor Goettel reported the Human Rights Commission (HRC) Chair has requested the City Council remove two Human Rights Commission members because of lack of meeting attendance and the inability to contact them. M/Goettel, S/Wroge to remove Johnathon McClellan and Laura Guyton as Human Rights Commission members. Motion carried 5-0. Council Meeting Minutes -4- May 12, 2009 Recreation Services Director Topitzhofer reported on the upcoming Memorial Day unveiling of the next phase of the Honoring All Veterans Memorial granite tablets. Council Member Sandahl announced the May 20 Arterial Road Study open house. Council Member Fitzhenry recognized the efforts of the Police Reserves. Council Member Fitzhenry acknowledged the positive comments frequently made by Al Malmberg, resident and KSTP radio host. City Manager Devich stated Richfield’s motor vehicle licensing services have expanded to include duplicate driver’s licenses and fishing and hunting licenses. The City is awaiting approval for issuing full driver’s license services. Mayor Goettel announced the Farmers’ Market is open and that she has Mayor’s Hour there the last Saturday morning of each month. Council Member Sandahl stated that there are no final plans on the construction of a new City Hall or changes to Heredia Park. She invited residents to attend the next CHAT III meeting on May 28 at 6:30 p.m. at the Maintenance Facility. Item #10 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Sandahl to approve the agenda. Motion carried 5-0. Item #11 CONSENT CALENDAR A. Consideration of approval of resolution authorizing amendment to conditional use permit to allow day care services for total up to 244 children at Hope Presbyterian Church, 7132 Portland Avenue S.R. No. 96 RESOLUTION NO. 10238 RESOLUTION AUTHORIZING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW DAY CARE SERVICES FOR UP TO 244 CHILDREN AT 7132 PORTLAND AVENUE This resolution appears as Resolution No. 10238. B. Consideration of approval of purchase from Weekend Freedom for two new zero turn mowers for use by Parks Maintenance Division in amount of $29,391.87 S.R. No. 97 M/Sandahl, S/Goettel to approve the Consent Calendar. Motion carried 5-0. Council Meeting Minutes -5- May 12, 2009 Item #12 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #13 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING PLANNING, DESIGN, AND CONSTRUCTION OF LINCOLN ATHLETIC COMPLEX AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF TRANSITORY ORDINANCE (CONTINUED FROM APRIL 28, 2009) S.R. NO. 98 Council Member Wroge presented Staff Report No. 98. Council Member Wroge acknowledged the efforts of the task force for the good decision- making on the renovation and the site plan. M/Wroge, S/Sandahl to close public hearing. Motion carried 5-0. M/Wroge, S/Goettel that this constitutes the second reading of Bill No. 2009-11, Transitory Ordinance 18.65 authorizing planning, design, and construction of Lincoln Athletic Complex, 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. 10239 RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE RENOVATION OF LINCOLN ATHLETIC COMPLEX, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 Motion carried 5-0. This resolution appears as Resolution No. 10239. Item #14 CONSIDERATION OF RESOLUTIONS IMPOSING CIVIL ENFORCEMENT ON ESTABLISHMENTS IN RICHFIELD THAT UNDERWENT TOBACCO COMPLIANCE CHECKS CONDUCTED BY RICHFIELD PUBLIC SAFETY STAFF AND FAILED BY SELLING TOBACCO TO UNDERAGE YOUTH S.R. NO. 99 Mayor Goettel presented Staff Report No. 99. Speedway Super America – 826 West 66th Street – Jason Dzick, Speedway Super America representative, admitted the violation occurred and stipulated to the suspension and penalty. Council Meeting Minutes -6- May 12, 2009 M/Goettel, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10240 RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR SUPER AMERICA, 826 WEST 66TH STREET AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO COMPLIANCE FAILURE Motion carried 5-0. This resolution appears as Resolution No. 10240. Richfield Amoco – 7544 Lyndale Avenue – No representative present. City Attorney Heine explained that the notification letter to attend this meeting states that if they do not appear, the enforcement resolution will be adopted. M/Goettel, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10241 RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR RICHFIELD AMOCO, 7544 LYNDALE AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO COMPLIANCE FAILURE Motion carried 5-0. This resolution appears as Resolution No. 10241. Item #15 CONSIDERATION OF RESOLUTION GRANTING SITE PLAN APPROVAL FOR RENOVATION OF LINCOLN PARK, 7500 PLEASANT AVENUE S.R. NO. 100 Council Member Fitzhenry presented Staff Report No. 100. Recreation Services Director Topitzhofer discussed the proposed site plan, including a green screen with privacy fence, addition of a playground, and improved lighting and parking. Community Development Director Stark stated planning staff support the site plan. M/Fitzhenry, S/Elliott that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10242 RESOLUTION GRANTING APPROVAL OF A SITE PLAN FOR 7500 PLEASANT AVENUE Motion carried 5-0. This resolution appears as Resolution No. 10242. Council Meeting Minutes -7- May 12, 2009 Item #16 .CITY MANAGER'S REPORT City Manager Devich discussed the change to cone-notice process for continuing non- compliant foreclosed properties on maintenance issues before the work is assessed to the taxes. City Manager Devich discussed a proposed Adopt-A-House Program to address property maintenance on vacant homes. City Manager Devich discussed that staff learned earlier today, through Congressman Ellison's office, that it is not likely for Richfield to received federal transportation funding for the 77th Street tunnel. Public Works Director Eastling explained how the project has been split into smaller components for funding, as requested by the Congressman's office -design, right of way, and construction. Mayor Goettel discussed a recent Regional Council of Mayor's meeting where the Brookings Institute reported on transit around the country applauded the overlay vision of Richfield's Penn Avenue area. Item #17 CLAIMS AND PAYROLL M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 05-12-09 A/P Checks: 185506 - 185856 $ 1, 066,107.63 PAYROLL 57479 - 57798, 41422 - 41425 $ 541,291.29 TOTAL $ 1,607,398.92 Motion carried 5-0. OPEN FORUM None. The City Council meeting was adjourned- by unanimous consent at 8:40 p.m. C Date Approved: May 26, 2009 Deb ' G ttel a r Cheryl Krumhol eve .Devi Recording Secretary City Manager