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06-23-09 RegularCITY COUNCIL MEETING MINUTES ~ Richfield, Minnesota Regular Meeting June 23, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:05 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; John Stark, Community Development Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Fire Services Director; Chris Regis, Finance Manager; Sally Morton, IT Manager; Pam Dmytrenko, Assistant to the City Manager; Corrine Heine, City Attorney; and Nancy Gibbs, City Clerk. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council Worksession of June 9 2009 and (2) Regular City Council Meeting of June 9, 2009. Motion carried 5-0. Council Meeting Minutes -2- June 23, 2009 Item #1 PRESENTATION REGARDING FACE2FACE EVENT Amy Dusek, Richfield Public Safety Community Liaison, introduced Alma Dominguez, member of the Youth Action Crew. Ms. Dominguez presented a report regarding the recent Face2Face Event and presented Council Member Fitzhenry with athank-you card for his involvement in Face2Face. Item #2 COUNCIL DISCUSSION HATS OFF TO HOMETOWN HITS Council Member Elliott stated the shirts the City Council are wearing in the July 4th parade have been completed thanks to the design and production by Shae Elliott and Carmen Christian. Council Member Elliott also stated that the Adopt-A-House project seems to be working; he has noticed many homes are now being taken care of. Council Member Wroge reminded residents to make the July 4th festivities a success and to purchase buttons and volunteer. Mayor Goettel thanked the Garden Club for a beautiful and successful Richfield Beautiful Garden Tour. Mayor Goettel asked about Police presence at the July 4th events. City Manager Devich responded that Public Safety Director Fritz will be attending a meeting later in the week regarding that issue. City Manager Devich stated the Gang Strike Force has been a wonderful tool for the City and hopes that it can continue. Council Member Fitzhenry stated that Hennepin County deputies will be at the July 4th events as well as some of the Gang Strike Force. Mayor Goettel asked staff to take a look at what would be the cost to residents to treat trees for disease instead of cutting them down. City Manager Devich stated that staff will look at charging homeowners for spraying to save trees. Council Member Sandahl also thanked the Garden Club for the Richfield Beautiful Garden Tour and the homeowners for opening their homes for the event. Council Member Fitzhenry stated that helicopters sprayed for mosquitoes this week. Council Member Fitzhenry also stated that he has received good feedback on the tree planting. Council Meeting Minutes -3- June 23, 2009 Item #3 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Item #6 and moved Item #4E to Item #5 for separate consideration. M/Wroge, S/Elliott to approve the actenda as amended. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of resolution updating Joint and Cooperative Agreement for use of law enforcement personnel and equipment in Hennepin County S.R. No. 118 RESOLUTION NO. 10253 RESOLUTION AUTHORIZING THE ADOPTION OF THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2009 FROM THE HENNEPIN COUNTY CHIEFS OF POLICE ASSOCIATION MUTUAL AID PACT This resolution appears as Resolution No. 10253. B. Consideration of approval of resolution authorizing Richfield Public Safety Department acceptance of "Recovery Act" Justice Assistance Grant funds in amount of $171,525 from U.S. Department of Justice, Office of Justice Programs S.R. No. 119 RESOLUTION NO. 10254 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $171,525 FROM THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR POLICE EQUIPMENT, SWAT VEHICLE, COMPUTER SOFTWARE, NARCOTIC DETECTION DOG, AND NEW SHOTGUNS This resolution appears as Resolution No. 10254. C. Consideration of approval of resolution adopting 2008-2018 Richfield Comprehensive Plan S.R. No. 120 RESOLUTION NO. 10255 RESOLUTION OF THE RICHFIELD CITY COUNCIL ADOPTING THE CITY OF RICHFIELD COMPREHENSIVE PLAN, 2008-2018 This resolution appears as Resolution No. 10255. Council Meeting Minutes -4- June 23, 2009 D. Consideration of approval of renewing contract number A090395 with Hennepin County for purchase of assessment services from August 1, 2009 through July 31, 2013 S.R. No. 121 E. This item was moved for separate consideration as Item #5. F. Consideration of approval of setting public hearing on July 28, 2009 for new, on-sale wine license for Lariat Lanes, 6320 Penn Avenue S.R. No. 123 G. Consideration of approval of purchasing "Phase 2" of City's voice over IP phone system in amount not to exceed $152,000 S.R. No. 124 H. Consideration of approval of community event and temporary on-sale 3.2 percent malt liquor licenses, with fee waiver, for Fourth of July Committee for events scheduled at Veterans Memorial Park from July 1 through July 5, 2009 S.R. No. 125 I. Consideration of approval of temporary on-sale 3.2 percent malt liquor license for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue, for activities scheduled on July 4, 2009 S.R. No. 126 M/Goettel, S/Fitzhenry to approve the Consent Calendar as amended. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Former Item #4E -Consideration of approval of proposal from Evergreen Land Services to conduct appraisal of property at 1710 78th Street East S.R. No. 122 Mayor Goettel presented S.R. No. 122. Council Member Wroge asked staff why the City is having this property appraised. He stated he is not in favor of selling this property at this time. Public Works Director Eastling responded that this appraisal will determine the property value and allow staff to place a lease value or sale value on the property. City Manager Devich explained that tonight's action is to just approve the appraisal. Once the appraisal is completed staff will return to the City Council with information and ask for direction on whether to lease or sell this property. Council Member Wroge stated that when the tunnel connects 77th Street to the Mall of America the property will become much more valuable and due to this he is not in favor of selling at this time. City Manager Devich agreed with Council Member Wroge. M/Goettel, S/Sandahl to approve proposal from Evergreen Land Services to conduct appraisal of property at 1710 78th Street East. Motion carried 5-0. Council Meeting Minutes -5- June 23, 2009 Item #6 CONSIDERATION OF AWARD OF CONTRACT TO HARRIS COMPANIES FOR UPGRADE OR REPLACEMENT OF HVAC, LIGHTING, AND REFRIGERATION EQUIPMENT AT RICHFIELD ICE ARENA STUDY S.R. NO. 127 This item was removed from the agenda for consideration at a future meeting. Item #7 CONSIDERATION OF BID MINUTESITABULATION AND AWARD OF CONTRACT TO EBERT CONSTRUCTION FOR RENOVATION OF LINCOLN ATHLETIC COMPLEX, 7500 PLEASANT AVENUE, IN AMOUNT OF $972,100 S.R. NO. 128 Council Member Wroge presented Staff Report No.128. Council Member Elliott asked for clarification on the price the City Council was voting on tonight. Council Member Wroge stated he is not in favor of awarding additional money to the architect. Jay Hermann, 2853 West 71 1/2 Street, stated he was pleased with the project going forward however he had concerns regarding the increased money the architect is asking for: Council- Member Elliott asked about a penalty clause if the project is not seeded by a specified date; without a penalty clause what other recourse do we have. City Attorney Heine stated the contractor submitted a performance bond at the time of the bid and if they do not perform to standard the City can put surety on notice that the City is prepared to go after performance bond. M/Wroge, S/Goettel to approve the bid minutes/tabulation and award of contract to Ebert Construction for renovation of Lincoln Athletic Complex 7500 Pleasant Avenue, in amount of 972 100. Motion carried 5-0. Item #8 CITY MANAGER'S REPORT • AUGUST 25, 2009 CITY COUNCIL MEETING (COUNCIL MEMO NO. 109) • HENNEPIN COUNTY 2009 WELLNESS BY DESIGN AWARD (COUNCIL MEMO NO. 110) City Manager Devich stated that the City Council typically cancels the last meeting in August. City Manager Devich was going to recommend the City Council keep this meeting scheduled due to timing of certain budget items however, due to vacations that were planned in advance, he is recommending to cancel the August 25, 2009 City Council Meeting. The City Council did not make a final decision regarding this meeting. Council Meeting Minutes -6- June 23, 2009 City Manager Devich reminded the City Council there is a tour of the Think Bank in Rochester that is schedule for July 7. City Manager Devich requested that if any Council Members cannot make that date, they do not reschedule due to the time frame of the Special City Council Worksession of July 20 discussing the design of the new City Hall. City Attorney Heine stated the condemnation hearing related to the Ramada Inn for requisition to the Lyndale Bridge is scheduled for July 13. City Attorney Heine stated there needs to be a closed session meeting of the City Council before July 13, possibly July 8 or 9, so the City Council should inform her of what date will work. City Manager Devich stated the City has been named a recipient of Hennepin County's 2009 Wellness by Design Worksite Gold Award. Mayor Goettel asked City Manager Devich for an update on the Lyndale Garden Center site and if the Lyndale Bridge project is on schedule. Council Member Wroge asked for update on Cedar Point. Mayor Goettel also asked for a report on the Property Excellence Task Force. Item #9 CLAIMS AND PAYROLL M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 06-23-09 A/P Checks: 186499 - 186826 PAYROLL 58445 - 58804, 41431 - 41442 TOTAL Motion carried 5-0. OPEN FORUM None. The City Council meeting was adjourned by u Date Approved: July 14, 2009 Nancy Gibbs City Clerk $ 2,224,186.49 $ 494,670.29 $ 2,718,856.78 ous consent at 8:14 p.m. City Manager