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03-22-16 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota aRegular Meeting The Urban Hometown March 22, 2016 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers. Council Members Debbie Goettel, Mayor; Michael Howard; Pat Elliott; Edwina Garcia; and Present: Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Kristin Asher, Public Works Director; Jay Henthorne, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Karen Barton, Assistant Community Development Director; Chris Regis, Finance Manager; Karen Shragg, Nature Center Manager; Pam Dmytrenko, Assistant City Manager; Mary Tietjen, City Attorney; and Theresa Schyma, Deputy City Clerk. OPEN FORUM Melissa Melnick, 7525 Oliver Avenue, Pastor at Tapestry, spoke in support of the residents at Crossroads/Concierge who are being displaced. She asked the Council to continue to look for housing solutions for the people at Crossroads/Concierge. Linda Soderstrom, 7720 Penn Avenue#C322, resident at Crossroads/Concierge, asked the Council to create better options for the future of affordable housing in Richfield. Darlene Fisher, 1010 Currie Avenue #503, Minneapolis, former resident of Crossroads/Concierge, asked the City Council to help residents find housing for those that are being involuntarily displaced. Jurline Bryant, 7710 Penn Avenue#B331, resident at Crossroads/Concierge, addressed the Council regarding the discrimination she believes she has faced because she is a Section 8 client and she spoke of the lack of help she has received in finding new housing. PLEDGE OF ALLEGIANCE The Senior Patrol Leader of Boy Scout Troop#110 from Minneapolis, stated that the troop is here earning a Communications Merit Badge for attending a local meeting to hear discussions from differing points of view. Mayor Goettel invited Boy Scout Troop#110 from Minneapolis to lead the audience in the Pledge of Allegiance. Council Meeting Minutes -2- March 22,2016 APPROVAL OF MINUTES M/Fitzhenry, S/Howard to approve the (1) Special City Council Worksession of March 3, 2016; and (2) Regular City Council Meeting of March 8, 2016. Motion carried 5-0. Item #1 WELCOME TO THE RETURNING FRIENDSHIP CITY COMMISSION DELEGATION FROM HEREDIA, COSTA RICA Cynthy Mandl, Richfield Ambassador to Heredia, Costa Rica and Friendship City Commission Member, discussed the Friendship City Commission delegation's recent 13 day journey to Heredia, Costa Rica. Mayor Goettel presented Cynthy Mandl with a certificate of appreciation for her hard work strengthening the bond of friendship as Richfield's Ambassador to Heredia, Costa Rica. Mayor Goettel and Ahmad Ansari, Friendship City Commission Chair, presented certificates of appreciation to all members of the delegation. Item #2 COUNCIL DISCUSSION • Hats Off to Hometown Hits Council Member Garcia announced the following: • Friends of Wood Lake (FOWL) annual fundraising dinner, April 29 • City-wide garage sale, May 19-21 Council Member Garcia spoke of the recent passing of Congressman Martin Sabo and how much he supported and partnered with the City of Richfield. Council Member Howard discussed the lasting legacy of Congressman Sabo. City Manager Devich echoed the City Council's sentiments about how much Congressman Sabo did for the City of Richfield and his positive impact on the community as a whole. Council Member Elliott discussed a recent trip to Birmingham, Alabama and his visit to the historical 16th Street Baptist Church. Council Member Howard congratulated the Academy of Holy Angels Girls Basketball Team on their Class AAA State Championship. Council Member Howard commented on the situation at Crossroads/Concierge and stated that City staff is working with many residents to find new housing. He continued that discussions have occurred at the annual Council and staff goalsetting session as to what to do if this situation happens again since the City Council wants to ensure that Richfield is a welcoming place for all. Council Member Fitzhenry announced that he was elected as Co-Chair of the Noise Oversight Committee (NOC). Mayor Goettel stated that the situation at Crossroads/Concierge is a private sale and the City does not have jurisdiction but staff and Council are doing everything they can to help displaced residents. Council Meeting Minutes -3- March 22,2016 Item #3 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Elliott to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of the approval of a resolution amending the allocation of the 2015 General Fund Budget. S.R. No. 35 RESOLUTION NO. 11185 RESOLUTION AUTHORIZING REVISION OF 2015 BUDGETS OF VARIOUS DEPARTMENTS This resolution appears as Resolution No. 11185. B. Consideration of the approval of the first reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. S.R. No. 36 C. Consideration of the approval of a resolution providing for the sale of$3,085,000 General Obligation Storm Water Revenue Bonds, Series 2016A. S.R. No. 37 RESOLUTION NO. 11186 RESOLUTION PROVIDING FOR THE SALE OF $3,085,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 2016A This resolution appears as Resolution No. 11186. D. Consideration of the approval of the first reading of an ordinance that amends City Code Subsection 930.09 related to noise control hours for construction activities and schedule a second reading for April 12, 2016. S.R. No. 38 E. Consideration of the approval of the installation of protective floor coating to the concrete floors at the Public Works Facility by SwedeBro for$140,398.00 and authorize the City Manager to approve additional work up to $10,000 without further City Council authorization. S.R. No. 39 F. Consideration of the approval of setting a public hearing to be held on April 26, 2016, for the consideration of the issuance of new On-Sale Intoxicating and Sunday Liquor licenses, with outside service, for VPC Richfield Pizza, LLC d/b/a Giordano's of Richfield, 3000 66th Street West. S.R. No. 40 G. Consideration of the approval of the renewal of the contract with Adesa Minneapolis for 2016/2017 for auctioning forfeited vehicles from Public Safety/Police. S.R. No. 41 H. Consideration of the approval of a resolution modifying the establishment of a Richfield Transportation Commission. S.R. No. 42 RESOLUTION NO. 11187 RESOLUTION MODIFYING THE ESTABLISHMENT OF THE RICHFIELD TRANSPORTATION COMMISSION This resolution appears as Resolution No. 11187. M/Goettel, S/Fitzhenry to approve the Consent Calendar. Council Meeting Minutes -4- March 22,2016 Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #6 CONSIDERATION OF A VARIETY OF LAND USE APPLICATIONS RELATED TO A PROPOSAL FOR AN 88-UNIT ASSISTED LIVING FACILITY AND ASSOCIATED SITE IMPROVEMENTS ON PROPERTY LOCATED GENERALLY BETWEEN 76TH AND 77TH STREET WEST AND PLEASANT AND PILLSBURY AVENUES. S.R. NO. 43 Council Member Garcia presented Staff Report No. 43. Community Development Director Stark stated that he believes this is the right development for this site. Other senior housing developments have done research and found that 40% of the people moving into senior housing in Richfield are from Richfield. This move then helps free up single family homes for young families to move into the community. He added that the Comprehensive Plan Amendment that is being proposed tonight is consistent with the 2006-2007 Comprehensive Plan. Mayor Goettel questioned how many memory care units are currently in Richfield. Community Development Director Stark responded that there are currently 28 units. Mayor Goettel stated that this facility will add professional jobs to Richfield and that those employees will be out in the community shopping and interacting with residents. Council Member Howard stated the goal is to have a good mixture of housing and people in Richfield and this facility will be part of that. Council Member Fitzhenry believes this facility is a better fit than any other option the City has seen for this site and that it is a good fit for the neighborhood. Council Member Elliot stated he understood that many people had a different vision for this piece of property but agrees with Community Development Director Stark that the numbers just haven't worked for the other potential developers. He added that memory care units are needed in the community so this facility is the best thing for the location. City Attorney Tietjen informed the City Council that these items need to be considered as separate motions. M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11188 RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF 211 76TH STREET WEST; 7600, 7608, AND 7644 PILLSBURY AVENUE SOUTH; AND AN ADJACENT 30-FOOT STRIP OF LAND TO "HIGH-DENSITY RESIDENTIAL" Motion carried 5-0. This resolution appears as Resolution No. 11188. Council Meeting Minutes -5- March 22,2016 M/Garcia, S/Goettel that this constitutes second reading of Bill no. 2016-5, amending Appendix I to the Richfield City Code by rezoning 211 76' Street West; 7600, 7608, and 7644 Pillsbury Avenue South; and an adjacent 30-foot strip of land to Planned Multi-Family Residential (PMR), that it be published in the official newspaper, and that it be made part of these minutes. Motion carried 5-0. M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11189 RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 211 76TH STREET WEST; 7600, 7608, AND 7644 PILLSBURY AVENUE SOUTH; AND AN ADJACENT 30-FOOT STRIP OF LAND Motion carried 5-0. This resolution appears as Resolution No. 11189. Item #7 PUBLIC HEARING REGARDING A RESOLUTION FOR A PRELIMINARY PLAT OF THE RICHFIELD ASSISTED LIVING ADDITION THAT WILL COMBINE FOUR PARCELS (211-76TH STREET WEST; 7600, 7608, AND 7644 PILLSBURY AVENUE SOUTH) AND AN ADJACENT 30 FOOT STRIP OF LAND IN ORDER TO ALLOW CONSTRUCTION OF AN ASSISTED LIVING FACILITY. S.R. NO. 44 Council Member Howard presented Staff Report No. 44. Camillo DeSantis, 6501 Wood Lake Drive, spoke in support of the future development proposed at the site. M/Elliott, S/Garcia to close the public hearing. Motion carried 5-0. M/Howard, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11190 RESOLUTION GRANTING PRELIMINARY APPROVAL OF A PLAT FOR RICHFIELD ASSISTED LIVING ADDITION Motion carried 5-0. This resolution appears as Resolution No. 11190. Item #8 CONSIDERATION OF A RESOLUTION APPROVING THE CONTRACT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 FOR THE CONTRACT PERIOD JANUARY 1, 2016 THROUGH DECEMBER 31, 2017, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. STAFF REPORT NO. 45 Council Member Fitzhenry presented Staff Report No. 45. Council Member Fitzhenry thanked City staff for their swift negotiations with the unions in the City. Council Meeting Minutes -6- March 22,2016 Assistant City Manager/HR Manager stated that this is the last union contract that needed to be negotiated for 2016. M/Fitzhenry, S/Howard that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11191 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2016 AND 2017 Motion carried 5-0. This resolution appears as Resolution No. 11191. Item #9 CONSIDERATION OF THE FOLLOWING RELATED TO THE WEST RICHFIELD STORMWATER PROJECT: 1. ACCEPTING THE BID MINUTES/TABULATION AND AWARD CONTRACT TO MINGER CONSTRUCTION CO. IN THE AMOUNT OF $1,930,000.20 FOR THE WEST RICHFIELD STORMWATER PROJECT. 2. AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACT CHANGES UNDER $100,000 WITHOUT FURTHER CITY COUNCIL AUTHORIZATION. 3. APPROVING HIRING WSB &ASSOCIATES TO PERFORM CONSTRUCTION ENGINEERING SERVICES FOR A FEE NOT TO EXCEED $159,207 FOR THE WEST RICHFIELD STORMWATER PROJECT. S.R. NO. 46 Council Member Elliott presented Staff Report No. 46. M/Elliott, S/Fitzhenry to approve the following related to the West Richfield Stormwater Project: 1. Accepting the bid minutes/tabulation and award contract to Minger Construction Co. in the amount of$1,930,000.20 for the West Richfield Stormwater Proiect. 2. Authorizing the City Manager to approve contract changes under$100,000 without further City Council authorization. 3. Approving hiring WSB &Associates to perform construction engineering services for a fee not to exceed $159,207 for the West Richfield Stormwater Project. Motion carried 5-0. Item #10 CITY MANAGER'S REPORT City Manager Devich encouraged participation and input for the current online poll that is on the City website through the end of March regarding the future alignment of Richfield Parkway. City Manager Devich discussed residents' concerns over the recent work of CenterPoint Energy. He stated that a more thorough restoration will begin in the spring and that residents should contact City staff if they believe their yard has not been properly restored. City Manager Devich stated there will be an open house and neighborhood meeting regarding the upcoming work on Portland Avenue. Information will be sent out to Council and residents once the details have been finalized. Council Meeting Minutes -7- March 22,2016 Item #11 CLAIMS AND PAYROLLS M/Fitzhenry, S/Elliott that the following claims and payrolls be approved: U.S. Bank 03/22/16 A/P Checks: 248442-248688 $ 855,053.37 Payroll: 117405-117736; 42448 $ 591,463.48 TOTAL $ 1,446,516.85 Motion carried 5-0. OPEN FORUM None. Item #12 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION FOR ATTORNEY-CLIENT PRIVILEGED DISCUSSION PURSUANT TO MINN. STAT. 13D.05, SUBD. 3(B) RELATING TO PENDING LITIGATION BETWEEN RAYMOND SPIEGEL AND THE CITY OF RICHFIELD City Attorney Tietjen stated the Closed Executive Session is held pursuant to M.S. 13D.05, Subd. 3 related to attorney-client privilege and litigation currently pending in court. The City Council adjourned to the Closed Executive Session in the Babcock Conference Room at 8:25 p.m. The closed executive session was called to order by Mayor Goettel at 8:27 p.m. in the Babcock Room. Members Present: Debbie Goettel, Mayor; Michael Howard; Pat Elliott; Edwina Garcia; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; and Mary Tietjen City Attorney. The Closed Executive Session was convened pursuant to M.S. 13D.05. The closed executive session was adjourned by unanimous consent in the Babcock Conference Room at 8:50 p.m. Item #13 RECONVENE REGULAR CITY COUNCIL MEETING The meeting was called to order by Mayor Goettel in the Council Chambers at 8:52 p.m. Item #14 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 8:52 p.m. Council Meeting Minutes -8- March 22,2016 Date Approved: April 12, 2016 Dv/4 1 iv ' (:/:(je P■ D- • : G ettel ice'" r �-i ev i L ' : Ther-- a Schyma -n L. De ich Dep y City Clerk City Manager