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03-23-10 RegularJ CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting March 23, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:04 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; Pam Dmytrenko, Assistant to the City Manager; Kristin Asher, City Engineer; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM Heidi Gaibor, 6915 Wentworth Avenue, discussed the dispatch center costs to stay in Richfield versus going to Hennepin County. center. Floyd Roman, 7208 Penn Avenue, spoke in support of keeping the Richfield dispatch Roger Schmidt, 7504 Aldrich spoke in support of establishing a skateboard park in Richfield and requested the City Council consider this at a future City Council Meeting. Cathy Anderson, 6808 12th Avenue, a Hennepin County dispatcher but not representing Hennepin County, stated it did not matter what was decided but requested the facts regarding dispatching be clarified, including that changing to Hennepin County would not create a dangerous situation. Fran Sirany, 6808 12th Avenue, stated it did not matter what was decided on dispatching unless it meant increased taxes to stay in Richfield. Marty Kirsch, 6725 Penn Avenue, spoke in support of keeping the dispatching services in Richfield. Council Meeting Minutes -2- PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES March 23, 2010 M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council Worksession of March 9, 2010 and (2) Regular City Council Meeting of March 9, 2010. Motion carried 5-0. Item #1 PRESENTATION OF PROCLAMATION DESIGNATING APRIL 10, 2010 AS RICHFIELD OPTIMISTS CLUB YOUTH FOUNDATION NO KIDS LEFT BEHIND DAY Mayor Goettel presented to Steve Larson, Richfield Optimists Club, a proclamation designating April 10, 2010 as Richfield Optimists Club Youth Foundation No Kids Left Behind Day. .Item #2 PRESENTATION OF 2009 RESTAURANT FOOD SAFETY AWARDS FROM RICHFIELD ADVISORY BOARD OF HEALTH (COUNCIL MEMO NO. 40) Jennifer Turrentin, Advisory Board of Health Chairperson, presented the 2009 Richfield Restaurant Food Safety Awards to: • Full service Restaurants category: • Nominations: Fred Babcock VFW Post #5555, American Legion Post #435, and Don Pablo's • Winner: Broadway Pizza • Fast food/Pizza/Cafeteria category: • Nominations: Davanni's Pizza, Arby's, and Subway • Winner: Boston Market Retail Grocery category: • Nominations: Rainbow Foods • Winner: Target Council Meeting Minutes -3- March 23, 2010 Item #3 COUNCIL DISCUSSION • RICHFIELD HISTORICAL SOCIETY • HATS OFF TO HOMETOWN HITS • MISINFORMATION REGARDING 9-1-1 DISPATCHING Sarah Hummel, Richfield Historical Society, requested the City Council to designate June 12, 2010 "Mal Freeburg Day" as an official event in Richfield. Fredrick Johnson, Author of Richfield: Minnesota's Oldest Suburb and Suburban Dawn, explained the history of Mr. Freeburg. M/Goettel, S/Sandahl to designate June 12, 2010 as Mal Freeburg Day in the City of Richfield. Motion carried 5-0. Council Member Fitzhenry acknowledged the efforts of the City street maintenance crew for their prompt responses to filling potholes. Council Member Wroge announced there were several vacancies on the Human Rights Commission and encouraged residents to apply. Council Member Elliott discussed the staff working with residents to assist with the development of an inoculation program for Emerald Ash Borer. center. City Manager Devich discussed and clarified information regarding the 9-1-1 dispatching Council Member Elliott stated the dispatch issue is not to discredit Hennepin County but rather promote Richfield. Council Member Fitzhenry stated there could be audio difficulties with tonight's meeting but they are due to Comcast problems. Item #4 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Sandahl to_approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR A. Consideration of approval of resolution providing for sale of $1,535,000 General Obligation Bonds, Series 2010A S.R. No. 45 Council Meeting Minutes -4- March 23, 2010 RESOLUTION NO. 10351 RESOLUTION PROVIDING FOR THE SALE OF $1,535,000 GENERAL OBLIGATION BONDS, SERIES 2010A This resolution appears as Resolution No. 10351. B. Consideration of approval of resolution authorizing issuance of Variable Rate Demand Multifamily Housing Revenue Refunding Bonds, Series 2010 and Variable Rate Multifamily Housing Revenue Notes, Series 2010 S.R. No. 46 RESOLUTION NO. 10352 AUTHORIZING THE ISSUANCE SALE AND DELIVERY OF ITS VARIABLE RATE DEMAND MULTIFAMILY HOUSING REFUNDING REVENUE BONDS LYNWOOD PARTNERS LLC PROJECT SERIES 2010 AND ITS SUBORDINATE MULTIFAMILY HOUSING REFUNDING REVENUE NOTES LYNWOOD PARTNERS LLC PROJECT SERIES 2010 APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS THE SUBORDINATE NOTES AND RELATED DOCUMENTS PROVIDING FOR THE SECURITY RIGHTS AND REMEDIES WITH RESPECT TO THE BONDS AND THE SUBORDINATE NOTES AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO This resolution appears as Resolution No. 10352. C. Consideration of approval of resolution modifying Health Care Savings Plan for eligible International Union of Operating Engineers, Local 49 bargaining unit employees S.R. No. 47 RESOLUTION NO. 10350 RESOLUTION APPROVING LETTER OF AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 MODIFYING CURRENT POST EMPLOYMENT HEALTH CARE SAVINGS PLAN This resolution appears as Resolution No. 10350. D. Consideration of resolution restricting parking on both sides of 76th Street between 11th and 12th Avenues S.R. No. 48 RESOLUTION NO. 10353 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING" ON 76th STREET This resolution appears as Resolution No. 10353. E. Consideration of approval of award of contract to Clearwater Recreation, LLC. for purchase and installation of play equipment and shade structure at Lincoln Athletic Complex in amount of $55,000 S.R. No. 49 Council Meeting Minutes -5- March 23, 2010 M/Goettel, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #7 CONSIDERATION OF RIGHT-OF-ENTRY AGREEMENT FOR USE OF NORTHERN HALF OF 7700 PILLSBURY AVENUE, CITY'S FORMER PUBLIC WORKS MAINTENANCE FACILITY, BY RON CLARK CONSTRUCTION AND DESIGN COMPANY S.R. NO. 50 Council Member Wroge presented Staff Report No. 50. M/Wroge, S/Sandahl to approve the right-of-entry agreement for use of the northern half of 7700 Pillsbury Avenue, City's former Public Works Maintenance Facility by Ron Clark Construction and Design Company. Motion carried 5-0. Item #8 CONSIDERATION OF REVISION TO EXHIBIT D OF LAND ACQUISITION, DESIGN AND CONSTRUCTION COOPERATION AGREEMENT BETWEEN METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES AND CITY OF RICHFIELD FOR EDINA-RICHFIELD INTERCEPTOR IMPROVEMENTS PROJECT S.R. NO. 51 Council Member Sandahl presented Staff Report No. 51. M/Sandahl, S/Goettel to approve the revision to Exhibit D of land acauisition design and construction cooperation aareement between Metropolitan Council Environmental Services and the City of Richfield for Edina-Richfield interceptor improvements project. Motion carried 5-0. Item #9 CONSIDERATION OF RESOLUTION AUTHORIZING ONE-TIME EMPLOYEE EARLY RETIREMENT INCENTIVE PROGRAM S.R. NO. 52 Mayor Goettel presented Staff Report No. 52. Council Meeting Minutes -6- March 23, 2010 M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10354 RESOLUTION AUTHORIZING AONE-TIME EARLY RETIREMENT INCENTIVE PROGRAM FOR CALENDAR YEAR 2010 Motion carried 5-0. This resolution appears as Resolution No. 10354. Item #10 CONSIDERATION OF TRANSFER OF 2009 GENERAL FUND BUDGET SURPLUS UP TO $300,000 TO CAPITAL PROJECT FUND, EFFECTIVE DECEMBER 31, 2009 S.R. NO. 53 Council Member Elliott presented Staff Report No. 53. Council Member Wroge acknowledged the City Manager's efforts to manage expenditures to end 2009 with a positive balance. City Manager Devich explained the total balance is not being transferred because there needs to be a cushion if there is a reclassification of funds and it shows the bond rating agencies a positive fund balance. M/Elliott, S/Wroge to approve the transfer of 2009 General Fund budget surplus up to $300.000 to the Capital Project Fund effective December 31 2009. Motion carried 5-0. Item #11 CITY MANAGER'S REPORT None. Mayor Goettel requested more lighting be considered for the new City Hall construction site. Item #12 CLAIMS AND PAYROLL M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 03-23-10 A/P Checks: 193019 - 193459 $ 1,688,926.64 PAYROLL 65126 - 65432 $ 487,234.32 TOTAL $ 2,176,160.96 Council Meeting Minutes -7- March 23, 2010 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:15 p.m. Date Approved: March 23, 2010 M Cheryl Kr'umholt ~ ~ Ste n L. Deg Recording Secretary ity Manager