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06-08-10 RegularCITY COUNCIL MEETING MINUTES ' ~ Richfield, Minnesota Regular Meeting June 8, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Tom Fitzhenry; and Pat Elliott. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. 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/V1/roge to approve the minutes of~1) Special City Council Worksession of May 25 2010 and (~ Regular City Council Meeting of May 25, 2010. Motion carried 5-0. Item #1 ANNUAL MEETING WITH HUMAN RIGHTS COMMISSION Molly Darsow, Chair, and Joan Kraft, commission member, provided an update on the commission's accomplishments and goals. The commission requested a worksession with the City Council to discuss establishing a Domestic Partner Registry in Richfield. Council Meeting Minutes -2- June 8, 2010 Council Member Wroge questioned if it was an issue for there to be only four commission members when it is' a 13-member commission. City Attorney Heine explained unless there is a MN Statute or resolution requirement, the number of votes needed to meet the majority vote is based upon the number of positions filled, not the number of positions available. Council Member Fitzhenry suggested the commission may be interested in the "Beyond the Yellow Ribbon" program related to veterans. The City Council requested a recruitment begin to fill the Human Rights Commission vacancies, specifically notifying local churches, the Richfield American Legion and the Richfield VFW. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS • 2010 RICHFIELD BEAUTIFUL GARDEN TOUR Susan Rosenberg, 6636 Thomas Avenue, Richfield Beautiful Chair, announced the June 19 Richfield Beautiful Garden Tour. Council Member acknowledged the efforts of the Richfield Class A, Section 6 girls softball team going to the State championship finals. Council Member Elliott acknowledged the success of the Richfield girls track team. Council Member Fitzhenry acknowledged the success of the Memorial Day event at the All Veterans Memorial Council Member Fitzhenry provided an update on the Noise Oversight Committee. Public Works Director Eastling stated a Council Memo would be prepared to give an update on the sewer interceptor project. He said he would also provide a Council Memo related to the proposed railroad crossing upgrade on 76th Street. The City Council consensus was to schedule a Worksession with the Human Rights Commission, as they requested, to ,discuss a proposed Domestic Partner Registry. Item #4 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Item 4C from the Consent Calendar for consideration at a future meeting. She also stated a revised resolution had been distributed related to Item 4E. M/Sandahl, S/Elliott to approve the agenda, as amended. Motion carried 5-0. Council Meeting Minutes -3- June 8, 2010 Item #4 CONSENT CALENDAR A. Consideration of approval of Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for the parking lot at Cedar and Diagonal Boulevard S.R. No. 97 B. Consideration of approval of resolution authorizing the City Council not to waive the monetary limits on statutory municipality tort liability S.R. No. 98 RESOLUTION NO. 10370 RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUES 466.04 This resolution appears as Resolution No. 10370. C. Removed from the agenda. D. Consideration of approval of Agreement with Hennepin County for funding Lincoln Athletic Complex S.R. No. 100 E. Consideration of approval of resolution establishing absentee ballot counting board for the state primary and general elections S.R. No. 101 RESOLUTION NO. 10371 RESOLUTION AUTHORIZING ESTABLISHING AN ABSENTEE BALLOT COUNTING BOARD FOR THE STATE PRIMARY AND GENERAL ELECTIONS. This resolution appears as Resolution No. 10371. F. Consideration of approval of resolution appointing election judges for the August 10, 2010 Primary Election and the November 2, 2010 General Election S.R. No. 102 RESOLUTION NO. 10372 RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION OF AUGUST 10, 2010 AND THE GENERAL ELECTION OF NOVEMBER 2, 2010 This resolution appears as Resolution No. 10372. G. Consideration of approval of the cancellation of a special assessment in the amount of $2472.00 for the removal of diseased tree at 6438 Vincent Avenue S.R. 103 M/Sandahl, S/V1/roge to approve the Consent Calendar, as amended. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Council Meeting Minutes -4- June 8, 2010 Item #6 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE PROVIDING FOR EXPENDITURE OF FUNDS FROM SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS S.R. NO. 104 Council Member Wroge presented Staff Report No. 104. He requested the ordinance be revised to strike "and other ball field improvements" because it is only Lincoln Field improvements. City Manager Devich explained the City Council may revise the ordinance but that wording has as always been included. It is understood the funds are only for Lincoln Field. He added that the Hennepin County grant approved earlier on the agenda for the Lincoln Athletic Complex is not reflected in this ordinance because the Special Revenue Fund does not include grants. Bob Hall, -7309 Oliver Avenue, requested the last three items on the ordinance be deleted because the upgrades for the Municipal Center should be reduced, especially in light of employees receiving a zero salary adjustment in 2010, there are skate parks in Edina and Minneapolis already, and the Lincoln Field project is complete so it appears funds are used for other fields. M/Wroge, S/Sandahl to close the public hearing. Motion carried 5-0. City Manager Devich explained the Special Revenue Fund is used to fund capital projects which are generally recreation assets that are completed by borrowing from internal funds which need to be paid back. After discussion with the public and City Council regarding the shortage of funding for a Dispatch Center in the new Municipal Center, it was determined the Special Revenue Fund would assist in the funding to build this capital asset. The skate park was postponed from last year and the Community Services Commission has recommended proceeding with the project this year as a recreational asset. Mayor Goettel clarified the Special Revenue Fund cannot be used to augment salaries. M/Wroge, S/Sandahl that this constitute the second reading of a Transitory Ordinance No. 18.70 providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements and that it be published in the official newspaper and that it be made part of these minutes_ Motion carried 5-0. Item #7 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH 911 DISPATCHERS LELS LOCAL 225 FOR CONTRACT PERIOD JANUARY 1 THROUGH DECEMBER 31, 2010 S.R. NO. 105 Council Member Fitzhenry presented Staff Report No. 105. M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10373 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 225 BARGAINING UNIT FOR THE YEAR 2010 Council Meeting Minutes -5- June 8, 2010 Motion carried 5-0. This resolution. appears as Resolution No. 10373. Item #8 CONSIDERATION OF RESOLUTION AUTHORIZING THREE-YEAR INTERIM USE PERMIT TO ALLOW CONTINUED USE OF 6529 PENN AVENUE FOR USED CAR SALES S.R. NO. 106 Council Member Sandahl presented Staff Report No. 106. M/Sandahl, S/VVroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10374 RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW USED AUTO SALES BY INTERSTATE AUTO GROUP INCORPORATED (DBA CARHOP) AT 6529 PENN AVENUE Motion carried 5-0. This resolution appears as Resolution No. 10374 Item #10 CITY MANAGER'S REPORT Public Works Director Eastling reported on the proposed Portland Avenue lane reconfiguration pilot project to convert the street from 4-to-3 lanes between 67th to 76th Streets following a planned pavement overlay by Hennepin County in July 2010. The City Council consensus was to support the conversion as a pilot project. However, the City Council requested a public open house be held with the residents in the affected area along Portland Avenue to gain their feedback on the proposed conversion. Item #13 CLAIMS AND PAYROLL M/Wroge, S/Fitzhenry that the following claims and payrolls be approved: U.S. BANK 05-11-27 A/P Checks: 194983 - 195293 PAYROLL 66668 - 66994; 41490 - 41494 TOTAL Motion carried 5-0. OPEN FORUM $ 1,038,429.77 $ 521,886.07 $ 1,560,315.84 None. Council Meeting Minutes -6- ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:19 p.m. Date Approved: June 8, 2010 Cheryl K umholz Recording Secretary June 8, 2010