10-11-16 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
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Regular Meeting
.ban Hometown
October 11 , 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; Edwina Garcia; Tom Fitzhenry;
Present: and Pat Elliott.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Kristin Asher, Public Works Director; Jim Topitzhofer, Recreation
Services Director; Jay Henthorne, Public Safety Director/Police Chief; Mike
Koob, Deputy Police Chief; Wayne Kewitsch, Fire Services Director; Chris
Regis, Finance Manager; Jack Broz, Transportation Engineer; Mary
Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
OPEN FORUM
None.
APPROVAL OF MINUTES
M/Fitzhenry, S/Elliott to approve the minutes of the (1) Special City Council Worksession of
September 27, 2016 and (2) Regular City Council Meeting of September 27, 2016.
Motion carried 5-0.
Item #1 SWEAR-IN CITY OF RICHFIELD POLICE OFFICERS JOSEPH CARROLL AND
LATOYA WOODS
Deputy Police Chief Koob administered the swearing-in of Police Officer Woods. Police
Officer Carroll was ill and unable to attend.
Item #2 PUBLIC HEALTH ACCREDITATION PRESENTATION BY BLOOMINGTON
PUBLIC HEALTH DIRECTOR, BONNIE PAULSEN
Council Meeting Minutes -2- October 11,2016
Bloomington Public Health Director Paulsen made the presentation.
Item #3 ANNUAL MEETING WITH THE ARTS COMMISSION
Arts Commission Chair Alexander Dahl reported on the commission's activities and events.
Item #4 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
The City Council discussed the opening of Portland Avenue, including their appreciation of
the patience of the residents along Portland Avenue and the efforts of Public Works staff.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry/S/Howard to approve the agenda.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
A. Consideration of the approval of a resolution granting a one-year extension of a
conditional use permit and variances allowing an auto repair business at 6600
Portland Avenue. S.R. No. 156
RESOLUTION NO. 11261
RESOLUTION GRANTING AN EXTENSION OF A CONDITIONAL USE
PERMIT AND VARIANCES TO ALLOW AN AUTO REPAIR
BUSINESS AT 6600 PORTLAND AVENUE
This resolution appears as Resolution No. 11261.
B. Consideration of the approval of the second reading of the ordinance amendment
zoning land adjacent to 6600 Cedar Avenue as General Business (C-2). SR. No.
157
ORDINANCE NO. 2016-18
AN ORDINANCE RELATING TO ZONING; AMENDING
APPENDIX 1 TO THE RICHFIELD CITY CODE BY ADDING
NEW LAND ADJACENT TO 6600 CEDAR AVENUE AND
DESIGNATING SAID LAND AS GENERAL BUSINESS (C-2)
This constitutes the second reading of Ordinance No. 2016-18, applying the General
Business (C-2) Zoning Designation to land immediately adjacent to 6600 Cedar Avenue, that it be
published in the official newspaper and that it be made of these minutes.
Council Meeting Minutes -3- October 11,2016
C. Consideration of the approval of a resolution restricting parking on Nicollet Avenue
from 76th Street to 1-494. S.R. No. 158
RESOLUTION NO. 11262
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
"NO PARKING" ON NICOLLET AVENUE
This resolution appears as Resolution No. 11262.
D. Consideration of the approval of a resolution authorizing the lawful gambling
premises permit for the American Legion Auxiliary Unit of Minneapolis-Richfield Post
#435 to conduct lawful gambling at the Minneapolis-Richfield American Legion Post
#435, 6501 Portland Avenue South. S.R. No. 159
RESOLUTION NO. 11263
A RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES
PERMIT APPLICATION FOR THE AMERICAN LEGION AUXILIARY
UNIT OF MINNEAPOLIS-RICHFIELD POST 435 TO CONDUCT
LAWFUL GAMBLING AT THE MINNEAPOLIS-RICHFIELD AMERICAN
LEGION POST#435 AT 6501 PORTLAND AVENUE SOUTH
This resolution appears as Resolution No. 11263.
E. Consideration of the approval of a resolution reauthorizing membership in the 4M
Fund and entering into a Declaration of Trust with the 4M Fund. S.R. No. 160
RESOLUTION NO. 11264
RESOLUTION REAUTHORIZING MEMBERSHIP IN THE 4M FUND
This resolution appears as Resolution No. 11264.
F. Consideration of the approval of an annual request for a Temporary On Sale
Intoxicating Liquor license for the Church of St. Richard, located at 7540 Penn
Avenue South, for their Fall Festival 2016 taking place November 12-13, 2016. S.R.
No.. 161
G. Consideration of the approval of an annual request for a Temporary On Sale
Intoxicating Liquor license for St. Nicholas Episcopal Church, located at 7227 Penn
Avenue South, for their Juke Box Saturday Night event taking place November 5,
2016. S.R. No. 162
H. Consideration of the approval of a request for a new Therapeutic Massage
Enterprise license for First Step, LLC, located at 7600 Lyndale Avenue#400. S.R.
No. 163
I. Consideration of the approval of a resolution authorizing acceptance of Office of
Traffic Safety (OTS) funds for a four-year grant to fully fund an officer and fully
equipped squad car dedicated for DWI enforcement in Richfield. S.R. No. 164
RESOLUTION NO. 11265
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC
SAFETY/POLICE TO ACCEPT GRANT MONIES FROM THE
OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $125,182 OR A
LESSER AMOUNT, AS AWARDED BY THE DEPARTMENT OF
Council Meeting Minutes -4- October 11,2016
PUBLIC SAFETY, TO FUND A POLICE OFFICER AND FULLY
EQUIPPED SQUAD DEDICATED TO DWI ENFORCEMENT
FOR FOUR YEARS
This resolution appears as Resolution No. 11265.
J. Consideration of the approval of the second reading of an ordinance repealing and
replacing City Code Section 550 pertaining to Floodplain Management Regulations
and resolution authorizing summary publication. S.R. No. 165
BILL NO. 2016-17
AN ORDINANCE REPEALING SECTION 550 OF RICHFIELD
CITY CODE PERTAINING TO FLOODPLAIN MANAGEMENT
REGULATIONS AND REPLACING IT WITH A NEW SECTION 550
This constitutes the second reading of Ordinance No. 2016-17, repealing and replacing
Richfield City Code Section 550 pertaining to Floodplain Management Regulations, that it be
published in the official newspaper and that it be made of these minutes.
RESOLUTION NO. 11266
RESOLUTION APPROVING SUMMARY PUBLICATION OF
AN ORDINANCE REPEALING SECTION 550 OF RICHFIELD
CITY CODE PERTAINING TO FLOODPLAIN MANAGEMENT
REGULATIONS AND REPLACING IT WITH A NEW SECTION 550
This resolution appears as Resolution No. 11266.
K. Consideration of the approval of the first reading of an ordinance amending
subsection 400.21 of the Richfield Code of Ordinances relating to adoption of the
Minnesota State Fire Code and scheduling second reading for October 25, 2016.
S.R. No. 166
L. Consideration of the approval of two resolutions appointing election judges for the
November 8, 2016 General Election. S.R. No. 167
RESOLUTION NO. 11267
RESOLUTION APPOINTING HIGH SCHOOL STUDENT
ELECTION JUDGES FOR THE GENERAL ELECTION OF
NOVEMBER 8, 2016
RESOLUTION NO. 11268
RESOLUTION APPOINTING ELECTION JUDGES FOR THE
GENERAL ELECTION OF NOVEMBER 8, 2016
These resolutions appear as Resolution Nos. 11267 and 11268.
M. Consideration of the approval of the continuation of the agreement with the City of
Bloomington for the provision of food inspection services for Richfield for the year
2017. S.R. No. 168
N. Consideration of the approval of the 2016-2017 contract with the City of
Bloomington, using public health emergency preparedness grant funds distributed
by a federal grant from the Centers for Disease Control, to provide services in the
Council Meeting Minutes -5- October 11,2016
area of public health emergency preparedness/Bioterrorism and the development of
a response system. S.R. No. 169
O. Consideration of the approval of an Agreement with the Minnesota Department of
Transportation to maintain the gateway monuments and landscaping installed as
part of the Crosstown Reconstruction Project. S.R. No. 170
RESOLUTION NO. 11269
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO
ENTER INTO AGREEMENT NO. 06236 WITH THE MINNESOTA
DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF
LANDSCAPE AND HARDSCAPE IMPROVEMENTS LOCATED
WITHIN THE CORPORATE LIMITS OF THE CITY OF RICHFIELD
This resolution appears as Resolution No. 11269.
P. Consideration of the approval of ordering a feasibility report for the 2017 Alley
Paving Project. S.R. No. 171
M/Goettel, S/Garcia to approve the Consent Calendar.
Motion carried 5-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #,8 PUBLIC HEARING REGARDING THE RESOLUTION ADOPTING THE SPECIAL
ASSESSMENT ROLL FOR WEED ELIMINATION FROM PRIVATE PROPERTY
AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY
HAZARDS FROM PRIVATE PROPERTY S.R. NO. 172
Mayor Goettel presented Staff Report No. 172.
City Manager Devich stated the decrease in the assessment roll indicates homeowners
have improved on property maintenance.
M/Goettel/S/Elliott to close the public hearing.
Motion carried 5-0.
M/Goettel, S/Elliott that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 11270
RESOLUTION ADOPTING ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR
ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS
FROM PRIVATE PROPERTY
Motion carried 5-0. This resolution appears as Resolution No. 11270.
Council Meeting Minutes -6- October 11,2016
Item #9 PUBLIC HEARING REGARDING THE RESOLUTION ADOPTING THE SPECIAL
ASSESSMENT ROLL FOR UNPAID FALSE ALARM USER FEES AGAINST
PRIVATE PROPERTY S.R. NO. 173
Council Member Howard presented Staff Report No. 173.
M/Howard, S/Goettel to close the public hearing.
Motion carried 5-0.
M/Howard, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 11271
RESOLUTION ADOPTING ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY.
•
Motion carried 5-0. This resolution appears as Resolution No. 11271.
Item #10 CONSIDERATION OF THE TRANSPORTATION COMMISSION'S
RECOMMENDATION FOR A 69TH STREET PEDESTRIAN PILOT PROJECT
BETWEEN XERXES AVENUE AND PENN AVENUE S.R. NO. 174
Council Member Elliott presented Staff Report No. 174.
M/Elliott, S/Howard to approve the 69th Street Pedestrian Pilot Project to convert the on-
street parking along the north side of 69th Street to an on-street pedestrian and bicycle path from
Xerxes Avenue to Penn Avenue to be re-evaluated in 2017.
Kevin Watts, 69th Street/Russell Avenue, stated he was an avid cyclist but did not support
the proposed pilot project because it has dangerous flaws and should not done as an experiment.
Jill (last name and address not provided) stated the danger of mowing the lawn because of
needing to step into the traffic lane.
Kay Nelson, 69th Street/Sheridan Avenue, expressed concern regarding safety and the
increased traffic speed.
David Gepner, 69th Street/Penn Avenue, spoke in support of the Transportation
Commission's recommendation.
Transportation Engineer Broz made a presentation on the pilot project, including design
alternatives. He added State law provides local jurisdictions the authority to reduce speeds.
Motion carried 5-0.
Item #11 CONSIDERATION OF THE AWARD OF A CONTRACT FOR THE MUNICIPAL
LIQUOR STORE PARKING LOT AND APPURTENANT IMPROVEMENTS AT
6600 CEDAR AVENUE S.R. NO. 175
Council Meeting Minutes -7- October 11,2016
Council Member Fitzhenry presented Staff Report No. 175.
M/Fitzhenry, S/Garcia to award a contract for the municipal liquor store parking lot and
appurtenant improvements at 6600 Cedar Avenue.
City Manager Devich explained that at today's bid opening for the Cedar Liquor Store
parking lot upgrades, only one bid was received and it was significantly more than the Engineer's
estimate of$345,000. Staff is recommending that the City Council reject the bid and re-bid next
year.
Council Member Fitzhenry rescinded the motion.
M/Goettel, S/Fitzhenry to reject the bid for the municipal liquor store parking lot and
appurtenant improvements at 6600 Cedar Avenue.
Motion carried 5-0.
Item #12 PRESENTATION OF RESULTS OF A SOUND TEST CONDUCTED AT
VETERANS MEMORIAL PARK ON SEPTEMBER 19, 2016 IN CONSIDERATION
OF A COMMUNITY BAND SHELL S.R. NO. 176
Mayor Goettel presented Staff Report No. 176.
Ryan Skoug, ESI Engineering, Inc., presented a summary of the sound test.
Recreation Services Director Topitzhofer explained the process for monitoring sound during
events.
This was a presentation so no action was required.
Item #13 CONSIDERATION OF AN AGREEMENT WITH EDS BUILDERS, INC. TO
PERFORM CONSTRUCTION MANAGEMENT SERVICES FOR A COMMUNITY
BAND SHELL S.R. NO. 177
Council Member Garcia presented Staff Report No. 177.
M/Garcia, S/Goettel to approve the agreement with EDS Builders, Inc. to perform
construction management services for a community band shell in an amount not to exceed
$30,000.
Recreation Services Director Topitzhofer explained the funding sources, uses and timeline
for the project.
Council Member Elliott questioned the funding provided by the Friends of the Band Shell,
including having a written, fiscal agreement in place with the City before the City Council considers
the bids and contract. He also questioned who would be responsible for payment of project
change orders. He said he is committed to providing no additional funding by the City.
David Butler, Friends of the Band Shell, stated the group will work with the City Attorney
and City Manager on a fiscal agreement.
Recreation Services Director Topitzhofer explained the process for change orders,
including a contingency.
Council Meeting Minutes -8- October 11,2016
Council Member Howard stated that if the funding is there, the band shell will be built. If it's
not, it won't be built.
Sue Sandahl, Friends of the Band Shell, explained the group is continuing to raise funds for
the contingency and future amenities. She added that people want to know if it's going to be built.
City Attorney Tietjen stated the fiscal agreement will in the City's hands before the project
proceeds.
Council Member Fitzhenry stated, as a member of the Airport Noise Oversight Committee
and that the band shell was a non-compatible use, he would not support the agreement.
Motion carried 3-2. (Elliott and Fitzhenry oppose)
Item #14 CONSIDERATION OF THE APPOINTMENT OF A YOUTH ADVISORY
COMMISSION MEMBER S.R. NO. 178
Council Member Howard presented Staff Report No. 178.
M/Howard, S/Fitzhenry to appoint Yamilez Ordonez as a youth member to the Human
Rights Commission with a term ending August 31, 2017.
Motion carried 5-0.
Item #15 CITY MANAGER'S REPORT
None.
Item #16 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Garcia that the following claims and payrolls be approved:
U.S. Bank 10/11/16
NP Checks: 253588-253968 $ 2,757,638.06
Payroll: 122576-122890 572,890.12
TOTAL $ 3,330,528.18
Motion carried 5-0.
OPEN FORUM
None.
Item #17 ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 8:45 p.m.
Date Approved: October 25, 2016
Council Meeting Minutes -9- October 11,2016
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