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09-28-10 RegularCITY COUNCIL MEETING MINUTES ~ Richfield, Minnesota Regular Meeting September 28, 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; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Pam Dmytrenko, Assistant to the City 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/Wroge to approve the minutes of the Regular City Council Meeting of September 14, 2010. Motion carried 5-0. Item #1 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Fltzhenry acknowledged the success of the recent Cattail Days event. Council Meeting Minutes -2- September 28, 2010 Council Member Sandahl announced the October 8 Richfield Chamber of Commerce Gala. Public Works Director Eastling explained the 76th Street lane reduction plan at Pleasant Avenue related to the installation of railroad crossing arms this year. He also provided an update on the Met Council sewer project as it relates to the Middle School area near 75th Street and Oliver Avenue. Mayor Goettel acknowledged the efforts of staff in informing the residents and police monitoring of the MTC buses using 69th Street due to the closing of Penn Avenue at 75th Street. Mayor Goettel requested Public Safety monitor the 64th Street/Xerxes Avenue area for pedestrian crossing safety and work with Hennepin County and the City of Edina to possibly install a stop sign or signal. Mayor Goettel requested staff review information she received regarding the MAC issuing an RFP for outdoor advertising concession on Cedar Avenue. Item #2 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Wroge to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Consideration of approval of first reading of ordinance amendment to Richfield City Code Appendix D establishing fee schedule for certain permits and applications and scheduling second reading for October 12, 2010 S.R. No. 174 B. Consideration of approval resolutions appointing additional election judges and high school student trainee election judges for November 2, 2010 General Election S.R. No. 175 RESOLUTION NO. 10422 RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 2, 2010 RESOLUTION NO. 10423 RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 2, 2010 These resolutions appear as Resolution Nos. 10422 and 10423. C. Consideration of approval of resolution certifying delinquent water, sanitary sewer and storm water service charges to County Auditor S.R. No. 176 RESOLUTION NO. 10424 RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER, SANITARY SEWER AND STORM WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES This resolution appears as Resolution No. 10424. Council Meeting Minutes -3- September 28, 2010 D. Consideration of approval of resolution authorizing Cost-Share Grant Agreement between City of Richfield and Nine Mile Creek Watershed District for $20,000 S.R. No. 177 RESOLUTION NO. 10425 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A COST SHARE GRANT AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT (NMCWD) FOR $20,000 TO BE USED TO PROVIDE FOR AND MANAGE THE RETROFITTING OF EQUIPMENT TO REDUCE ROAD SALT APPLICATIONS IN THE CITY OF RICHFIELD This resolution appears as Resolution No. 10425. E. Consideration of rescinding Resolution No. 10407 directing preparation of assessment roll for 2010 concrete alley paving project and canceling public hearing scheduled for October 12, 2010; and authorizing resolution directing preparation of assessment roll for 2010 concrete alley paving project and scheduling public hearing for October 26, 2010 S.R. No. 178 RESOLUTION NO 10426 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE CONCRETE PAVING OF ALLEYS IN THE CITY OF RICHFIELD This resolution appears as Resolution No. 10426. M/Sandahl, S/Goettel to approve the Consent Calendar. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #5 PUBLIC HEARING AND SECOND READING OF ORDINANCE RELATING TO CONDUCT WITHIN CITY PARKS AND RECREATION FACILITIES; PROHIBITING TOBACCO USE, SALES ACTIVITY, FEEDING OF WILD ANIMALS, UNLEASHED DOGS, DAMAGE TO PARK PLANTS AND TREES AND REGULATIONS ON PUBLIC BODIES OF WATER IN PARKS, AMENDING SECTION 840 OF RICHFIELD CITY CODE S.R. NO. 179 Council Member Fitzhenry presented Staff Report No. 179. Mayor Goettel stated that the City Council had received correspondence from the Twin Cities Medical Society, Richfield Advisory Board of Health, Bloomington Board of Health, Richfield Police Department and American Heart Association in support of the ordinance. Recreation Services Director Topitzhofer provided a summary of the proposed ordinance, including health impacts, reduction of litter, and a comprehensive restriction of tobacco use. Council Meeting Minutes -4- September 28, 2010 Dr. Douglas Hotvedt and Dr. Brian Rank from HealthPartners spoke in support of the tobacco-free ordinance related to improving health. Mark Olson, American Heart Association, 6325 Knox Avenue, spoke in support of the tobacco-free ordinance to promote positive a health message. Jennifer Turrentine, 6743 Fourth Avenue, Richfield Advisory Board of Health, spoke in support of the tobacco-free ordinance to promote healthy behavior. Ken Severson, 7316 Lyndale Avenue, spoke in opposition to the ordinance as it relates to regulations on public bodies of water in parks because it bans swimming, use of boats, canoes, etc. Recreation Services Director Topitzhofer explained the current ordinance prohibits such use of public bodies of water and the proposed ordinance relaxes the regulations by allowing portable ice fishing houses on Taft Lake. The Community Services Commission decided to wait until necessary improvements, like a boat landing, were in place for increased safety. City Attorney Heine clarified that the ordinance prohibits certain activities except as authorized. M/Wroge, S/Sandahl to close the public hearing. Motion carried 5-0. Council Member Fitzhenry stated the Fire Department may need to upgrade their equipment to respond to water-related emergencies. Council Member Sandahl suggested the Community Services Commission review authorizing boats, etc. on bodies of water in the parks, including the safety impacts. M/VUroge, S/Sandahl that this constitute second reading_of Ordinance No. 2010-20 amending the ordinance relating to conduct within cityparks and recreation facilities• prohibiting tobacco use sales activi~ feeding of wild animals unleashed dogs damage to park plants and trees and regulations on public bodies of water in garks• amending_Section 840 of the Richfield City Code; and that it be published in the official newspaper and be made part of these minutes. Motion carried 5-0. Item #6 CONSIDERATION OF AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSAL FOR DESIGN AND CONSTRUCTION OF TIER-ONE SKATEPARK S.R. NO. 180 Council Member Sandahl presented Staff Report No. 180. Recreation Services Director Topitzhofer stated the Community Services Commission preferred the Augsburg Park location for the skatepark. Soil testing and a site survey are needed and will be included with the RFP recommendation. Mr. Topitzhofer explained atier-one skatepark is considered like play equipment with no special lighting and following the same park rules for closing. The City Council is authorizing the RFP and after review, the best proposal will be presented to the City Council for consideration. M/Sandahl, S/Goettel to approve the advertisinq_of the request for proposal for design and construction of a tier-one skatepark. Council Meeting Minutes -5- Motion carried 5-0. September 28, 2010 Item #7 CONSIDERATION OF AWARD OF CONTRACTS FOR INTERIOR SIGNAGE AND FURNITURE FOR NEW RICHFIELD MUNICIPAL CENTER S.R. NO. 181 Council Member Fitzhenry presented S.R. No. 181. M/Fitzhenry, S/Sandahl to approve the following awards of contracts for the interior signage and furniture for the new Richfield Municipal Center: • Takeform Architectural Graphics in the amount of $30,766.10 for interior signage. • KARNS Services Inc. in the amount of $28,151.32 for Dispatch work stations. • KI in the amount of $31,970.84 for meeting room tables. • Innovative Office Solutions in the amount of $89,876.77 for chairs, executive conference room tables and lobby furniture. • General Office Products in the amount of $23,013.17 for break room furniture and children's size furniture. Motion carried 5-0. Item #8 DISCUSSION OF POLICY ISSUES RELATING TO PROPERTY EXCELLENCE TASK FORCE RECOMMENDATION TO CITY COUNCIL REGARDING SCREENING OF GARBAGE CONTAINERS S.R. NO. 182 Council Member Wroge presented Staff Report No. 182. Bill Kilian, 6620-17th Avenue, and Jay Hermann, 2853 West 71 1/2 Street, Property Excellence Task Force members, spoke in support of screening garbage containers and believed there were reasonable alternatives if cost is an issue to the resident. Council Member Wroge stated the intention is to improve the look of the City. Public Safety Director Fritz asked for clarification on the acceptable standards for the percentage of visibility from the street and the citing of aesthetics as the reason for the code change. City Attorney Heine stated she needed to review the aesthetic issue but that she was not too concerned. The City Council consensus was to proceed with the ordinance and include an enactment date of July 1, 2011, abatement of 30 days, lattice work as an acceptable screening and communication to the public should include screening options. Item #9 CITY MANAGER'S REPORT None. Item #10 CLAIMS AND PAYROLL Council Meeting Minutes -6- September 28, 2010 M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 09/28/2010 A/P Checks: 197695 - 198041 PAYROLL 69609 - 69927, 41505 - 41558 TOTAL Motion carried 5-0. OPEN FORUM None. $ 3,237,791.11 $ 524,698.50 $ 3,762,489.61 By unanimous consent the City Council left the Council Chambers at 8:25 p.m. to conduct a Closed Executive Session in the Executive Conference Room. Item #11 CLOSED EXECUTIVE SESSION IN CITY HALL EXECUTIVE CONFERENCE ROOM TO DISCUSS STATUS OF CONDEMNATION AWARD RELATED TO CITY OF RICHFIELD V. SINCLAIR, 6600 PORTLAND AVENUE . The Closed Executive Session was called to order at 8:29 p.m. 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; Kristin Asher, City Engineer; Tom Scott, City Attorney; and Cheryl Krumholz, Recording Secretary. The Closed Executive Session was convened pursuance to M.S. 13D.05. The Closed Executive Session adjourned to the open meeting in the Council Chambers at 9:06 p.m. ADJOURNMENT The City Council meeting was adjourned k Date Approved: October 1_2, 201 n ~~,/l , Xf,,.~ Cheryl K umholz~ ~-~ Recording Secretary ~,ity ivianager