05-10-11regularJ
CALL TO ORDER
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
May 10, 2011
The meeting was called to order by Mayor Goettel at 7:05 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Pat Elliott; and Tom
Fitzhenry.
Staff Present., Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; John Stark, Community
Development Director; Brad Sveum, Fire Chief; Robert Hintgen, Utility
Superintendent; Pam Dmytrenko, Assistant to the City Manager;
Christopher Link, Street Maintenance /Supervisor; Kristin Asher, City
Engineer; 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/Wroge, S /Fitzhenry to approve the minutes of (1) Special City Council Worksession of
April 26, 2011 and (2) Regular City Council Meeting of April 26, 2011.
Motion carried 5 -0.
Council Meeting Minutes
-2-
Item #1 PRESENTATION BY RICHFIELD DUAL LANGUAGE SCHOOL
May 10, 2011
Kathy Luebbe and students from the Richfield Dual Language school presented a brief
vocal concert.
Item #2 ANNUAL MEETING WITH CIVIL SERVIC COMMISSION
Marc Sullivan, Civil Service Commission president, reported on the 2010 -11 commission
accomplishments.
Item #3 PRESENTATION REGARDING NATIONAL PUBLIC WORKS WEEK
Public Works Director Eastling made the presentation regarding Public Works Week.
Street Maintenance Supervisor Link reported on the Tree City USA — 2010 Growth Award
received by the City.
Public Works Director Eastling was recognized as one of the American Public Works
Association Top 10 Public Works Leaders of 2011.
Item #4 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Sandahl provided an update on the Step To It fitness challenge.
Council Member Fitzhenry acknowledged the death of Richfield resident, Odell E. Brown.
Council Member Fitzhenry announced he is a member of a State Airport Planning
Commission group to study airports.
Council Member Fitzhenry provided an update on the Beyond the Yellow Ribbon Program.
Council Member Fitzhenry requested there be a Color Guard presentation of the flags at the
June 14 City Council meeting in the new Richfield Municipal Center.
Mayor Goettel acknowledged Comcast's 10 year anniversary in community volunteer
service.
Mayor Goettel reported on the success of the Cinco de Mayo event.
Council Member Sandahl discussed Liberty Mutual "Bring Back the 4t" "sponsoring grants
towards July 4 events.
Council Meeting Minutes -3- May 10, 2011
Item #5 COUNCIL APPROVAL OF AGENDA
Mayor Goettel moved Consent Calendar Items B and C to Item 7 for separate
consideration.
M/Wroge, S /Fitzhenry to approve the agenda as amended.
Motion carried 5 -0.
Item #6 CONSENT CALENDAR
A. Consideration of approval of resolution authorizing 2011 Specialized Pay Plan to reflect
zero percent increase to overall pay plan and adjustments to different pay grades for
certain seasonal and intermittent staff and adjustment to step increase process S.R. No.
93
RESOLUTION NO. 10510
RESOLUTION RELATING TO THE JULY 2011 SPECIALIZED PAY PLAN
This resolution appears as Resolution No. 10510.
B. Moved to Item #7.
C. Moved to Item #7.
D. Consideration of approval of Richfield Municipal Center change order report for aggregate
net effect of $12,508 in items included within project budget S.R. No. 96
E. Consideration of approval of resolution adopting Bureau of Criminal Apprehension new
master joint powers agreement with Richfield Public Safety /Police S.R. No. 97
RESOLUTION NO. 10513
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENT
WITH THE CITY OF RICHFIELD ON BEHALF OF ITS CITY ATTORNEY AND POLICE
DEPARTMENT
This resolution appears as Resolution No. 10513.
F. Consideration of approval of bids and award contract to JC Environmental & Demolition
Inc. for Richfield City Hall abatement project in amount of $83,000 S.R. No. 98
G. Consideration of approval of bid minutes /tabulation and award of contract to Pearson Bros.
Inc. for 2011 Pavement Management Project sealcoating work in amount of $388,539.08
S.R. No. 99
H. Consideration of approval of community garden plots lease agreement with Minneapolis -St.
Paul Metropolitan Airports Commission S.R. No. 100
I. Consideration of approval itinerant places of amusement, temporary on -sale 3.2 percent
malt liquor and temporary food licenses for Church of St. Richard's carnival on June 3, 4
and 5, 2011 S.R. No. 101
M /Goettel, S /Sandahl to approve the Consent Calendar as amended.
Motion carried 5 -0.
Council Meeting Minutes -4- May 10, 2011
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Council Member Wroge presented Staff Report No. 94 and 95.
Council Member Wroge expressed his concern regarding the current property owners not
being responsible for the contamination clean -up.
Council Member Elliott stated it was difficult to find the owner at fault.
Beth Pfeifer, Cornerstone Group, explained these grants cannot be awarded to who caused
the contamination. She added funds are not received from both agencies.
City Manager Devich stated these grants from the State are provided to assist developers
with the clean -up of sites to make them into a productive use.
M /Goettel, S/Wroge that the following resolutions be adopted and that they be made part of
these minutes:
RESOLUTION NO. 10511
RESOLUTION AFFIRMING AND RATIFYING CITY'S STAFF SUBMITTAL OF
AN APPLICATION AND COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT
SIGNATURE TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC
DEVELOPMENT (DEED) FOR CONTAMINATION INVESTIGATION AND RESPONSE
ACTION PLAN DEVELOPMENT GRANT FUNDS FOR 6400 LYNDALE AVENUE
This resolution appears as Resolution No. 10511.
RESOLUTION NO. 10512
RESOLUTION AFFIRMING AND RATIFYING CITY'S STAFF SUBMITTAL OF
AN APPLICATION AND AUTHORIZING CONTRACT SIGNATURE TO THE
METROPOLITAN COUNCIL LIVABLE COMMUNITIES TAX BASE REVITALIZATION
ACCOUNT GRANT FUNDS FOR 6400 LYNDALE AVENUE
This resolution appears as Resolution No. 10512.
Motion carried 5 -0.
Item #8 PUBLIC HEARING REGARDING COMMUNITY SERVICES COMMISSION
RECOMMENDED SKATE PARK CONCEPT FOR AUGSBURG PARK AND
CONSIDERATION OF PROCEEDING WITH NEGOTIATING CONTRACT WITH
HARDCORE SKATEPARKS, INC. TO DESIGN AND BUILD TIER ONE
SKATEBOARD FACILITY IN AUGSBURG PARK (STAFF REPORT NO. 102)
Council Member Wroge presented Staff Report No. 102.
Recreation Services Director Topitzhofer discussed the Community Services Commission
recommendation, including the site selection criteria and scoring and change in the skate park's
Council Meeting Minutes -5- May 10, 2011
orientation in the park. He continued that the contract is not ready for execution because of the
dissatisfaction with the design.
Recreation Services Director Topitzhofer stated that with the orientation change, he is more
comfortable with the location in Augsburg Park.
Gwen Riedel, 6944 Blaisdell Avenue, expressed concern about having more concrete, the
need to retain green space and the potential for more unsupervised teenagers damaging the park.
Nick Thompson, 7327 Pillsbury Avenue, spoke in support of the skate park because it '
provides a place for correct skateboarding and would likely not cause any more park damage by
teenagers.
The meeting was suspended at 8:12 p.m. due to severe weather warnings.
The meeting reconvened at 8:32 p.m.
Roger Schmidt, 7504 Aldrich Avenue, stated he was present to answers questions the City
Council may have regarding the skate park. He said Augsburg Park is the best fit for the skate
park and is a different use than the basketball court.
Ken Fairbairn, 7020 Stevens Avenue, expressed concern regarding the location of the
skate park because he did not believe the notice to the public was clear that the basketball court
was being replaced by the skate park. He added the Heredia Park may be a better place because
it is being re- landscaped anyway due to the construction of the new municipal center.
Sherry Case, 7205 Blaisdell Avenue, questioned that the majority of residents benefit from
the money spent for a skate park. She expressed concern about bike users damaging the park,
the need for public safety, visibility of the skate park and extra traffic.
Recreation Services Director Topitzhofer explained the skate park is not designed for BMX
bike use but it may be used that way, but does change the insurance coverage requirements.
Rick Jabs, 6805 Knox Avenue, expressed support for the skate park as an alternative
recreational use and its central location.
M/Wroge, S /Sandahl to close public hearing.
Motion carried 5 -0. .
Recreation Services Director Topitzhofer explained the basketball court would be
discontinued and become part of the skate park. There are other basketball facilities in the City
and this was believed to be a good trade -off because it was used less.
Council Member Wroge stated he favored a skate park and youth activities but did not
support the Augsburg Park location. He reviewed the selection criteria and considered it flawed.
He stated Roosevelt Park would be a better location.
Recreation Services Director Topitzhofer explained the criteria is from about two years ago
and Roosevelt Park should have scored higher and is another good location. However, the
Community Services Commission returned to Augsburg Park due to its location.
Council Member Wroge responded the location is arguable and also expressed concern
regarding removing the basketball court.
Council Meeting Minutes -6- May 10, 2011
Council Member Sandahl expressed comfort with the Community Services Commission
recommendation and that the skate park adds to Richfield's image of supporting youth activities.
Mayor Goettel agreed and added her support for the location and visibility.
M /Sandahl, S /Goettel that the city proceed with negotiating a contract with Hardcore
Skateparks Inc to design and build tier one skateboard facility in Augsburg Park.
Motion carried 4 -1. (Wroge opposed)
Item #9 1 CONSIDERATION OF APPROVAL OF:
FIRST READING OF TRANSITORY ORDINANCE AUTHORIZING AND
PLANNING, DESIGN AND REHABILITATION OF WATER PLANT
CLARIFIERS /BAFFLES AND REPLACEMENT OF CHAIN ROOM
PIPING /PUMPS AT ESTIMATED COST OF $1,480,000 AND SCHEDULING
PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE FOR JUNE 14, 2011;
AUTHORIZING HIRING SHORT ELLIOT HENDRICKSON INC. TO
PROVIDE ENGINEERING SERVICES FOR PLANNING, DESIGN AND
CONSTRUCTION OVERSIGHT OF PROJECT FOR FEE NOT TO EXCEED
$151,925 WITHOUT FURTHER WRITTEN STAFF AUTHORIZATION; AND
AUTHORIZING STAFF TO APPROVE CHANGES IN ENGINEERING
SERVICES CONTRACT UP TO MAXIMUM OF $25,000 WITHOUT
FURTHER CITY COUNCIL AUTHORIZATION (STAFF REPORT NO. 103)
Mayor Goettel presented Staff Report No. 103.
M /Goettel, S /Sandahl that this constitutes the first reading of an ordinance authorizing
planning design and rehabilitation of water plant clarifiers /baffles and replacement of chain room
piping /pumps at estimated cost of $1,480,000 and scheduling public hearing and second reading
of transitory ordinance for June 14 2011; authorizing hirinq Short Elliot Hendrickson Inc. to provide
engineering services for planning design and construction oversight of project for fee not to
exceed $151,925 without further written staff authorization; and authorizing staff to approve
changes in engineering services contract up to maximum for $25,000 without further City Council
authorization.
Motion carried 5 -0.
Item #10 CONSIDERATION OF APPROVAL OF RESOLUTION ACCEPTING BIDS FOR
RECONDITIONING OF LOGAN AVENUE WATER TOWER, 7420 LOGAN AVENUE
AND AWARDING CONTRACT TO TMI COATINGS, INC. IN AMOUNT OF $796,000
EFFECTIVE MAY 23, 2011 (STAFF REPORT NO. 104)
Council Member Elliott presented Staff Report No. 104.
M /Elliott, S /Sandahl that the following resolution be adopted and that it be made part of
these minutes:
Council Meeting Minutes -7- May 10, 2011
RESOLUTION NO. 10514
RESOLUTION ACCEPTING BIDS FOR THE RECONDITIONING OF THE LOGAN
AVENUE WATER TOWER (7420 LOGAN AVENUE SOUTH) AND AWARDING A
CONTRACT TO TMI COATINGS, INC. IN THE AMOUNT OF $796,000.00 EFFECTIVE
MAY 23, 2011.
Motion carried 5 -0. This resolution appears as Resolution No. 10514.
Item #11 CONSIDERATION OF AUTHORIZING EXECUTION OF OPTION AGREEMENT
WITH SHERMAN ASSOCIATES DBA SKYLARK APARTMENTS LIMITED
PARTNERSHIP FOR SALE OF SOUTH PORTION OF FORMER PUBLIC WORKS
MAINTENANCE FACILITY CONTINGENT UPON THE HRA AND SHERMAN
ASSOCIATES ENTERING INTO A CONTRACT FOR PRIVATE REDEVELOPMENT
(STAFF REPORT NO. 105)
Council Member Fitzhenry presented Staff Report No. 105.
Community Development Director Stark suggested the recommended action include
"contingent upon the HRA and Sherman Associates entering into a contract for private
redevelopment."
Ryan Sailer, Sherman Associates, explained the MN Housing Finance Agency (MHFA)
funding timeline. He added that if MHFA funding is not received in October 2011, Sherman
Associates would release the property and return to the HRA again in May 2012 if it's still on the
market.
M /Fitzhenry, S /Goettel to authorize the execution of option agreement with Sherman
Associates dba Skylark Apartments Limited Partnership for sale of south portion of former
Public Works Maintenance Facility contingent upon the HRA and Sherman Associates entering
into a contract for private redevelopment.
Motion carried 5 -0.
Item #12 CONSIDERATION OF APPOINTMENT TO CITY ADVISORY COMMISSIONS
(STAFF REPORT NO. 106)
Council Member Sandahl presented Staff Report No. 106.
M /Sandahl, S /Fitzhenry to make the following appointments:
ADVISORY BOARD OF HEALTH
Name Term Expires
Rosemary LeBlanc January 31, 2012
HUMAN RIGHTS COMMISSION
Name Term Expires
Elizabeth Morrissey January 31, 2014
Motion carried 5 -0.
Council Meeting Minutes -8- May 10, 2011
Item #13 CONSIDERATION OF REQUEST FOR CITY COUNCIL TO CONFIRM
APPOINTMENT OF WAYNE KEWITSCH AS FIRE SERVICES DIRECTOR/FIRE
CHIEF FOR CITY OF RICHFIELD, EFFECTIVE JUNE 30, 2011 (STAFF REPORT
NO. 107)
Mayor Goettel presented Staff Report No. 107.
M /Goettel, S /Fitzhenry to appoint Wayne Kewitsch as Fire Services Director /Fire Chief for
City of Richfield, effective June 30, 2011.
Motion carried 5 -0.
Item #14 CITY MANAGER'S REPORT
City Manager Devich stated this was the last City Council meeting in this Council Chambers
in the current City Hall building. The next City Council Meeting is June 14, 2011 in the new Council
Chambers in the new Municipal Center.
Item #9 CLAIMS AND PAYROLLS
M/Wroge, S /Sandahl that the following claims and payrolls be approved:
U.S. Bank 5/10/2011
A/P Checks: 203253 - 203627 $ 1,315,386.16
Payroll: 74719 -75030 41850 -41851 $ 525,276.07
TOTAL $ 1,840,662.23
Motion carried 5 -0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanir(�o� / I t at 9:
`` c
Date Approved: June 14, 2011
May
Cheryl K umho en L. Deg
Recording Secretary City Manager