02-14-12 Regular CITY COUNCIL MEETING MINUTES
RICHFIELD Richfield, Minnesota
Regular Meeting
February 14, 2012
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:02 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Pat Elliott, Sue Sandahl; 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; Chris Regis, Finance Manager; Pam Dmytrenko,
Assistant City Manager; Melissa Poehlman, City Planner; Christine
Costello, Community Development Coordinator; Jeff Pearson,
Transportation Engineer; Corrine Heine, City Attorney; and Cheryl
Krumholz, Executive Coordinator.
OPEN FORUM
Holly Ann Hanson, 7609 Harriet Avenue, suggested a Request for Proposal process be
provided so more developers are considered than the Ron Clark proposal for the garage site.
Gail Lund, 6621 Upton Avenue, stated she considers the garage site the most valuable
piece of property in Minnesota and questioned the need for rental property.
Stephanie Miller, 6804 James Avenue, suggested other projects of a higher end and higher
caliber be considered. She also expressed concern with increased crime and school impacts from
the proposed Pillsbury Commons project.
Ghislaine Ball, 7627 Harriet Avenue, suggested the Pillsbury Commons project provide a
Comprehensive Project Plan with a financial analysis from the City's perspective. She questioned
the discrepancy between the assessed and appraised values of the property.
Camillo DeSantis, 6508 Newton Avenue, stated the Pillsbury Commons project is an
opportunity for rental housing and decisions should be based upon the interest of the entire
community.
Council Meeting Minutes -2- February 14,2012
Mayor Goettel announced for the record, the City Council have all received a copy of a
letter/e-mail from the following persons regarding Pillsbury Commons, which will be included in the
record:
• Tom Pfister, 7544 Wentworth Avenue. Received January 12, 2012.
• James Sutton, 6327 Upton Avenue. Received January 5, 2012.
• Mary Best, no address provided. Received January 14, 2012.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, SM/roge to approve the minutes of(1) Special City Council Meeting of January
22, 2012; (2) Special City Council/HRA/Planning Commission Worksession of January 24, 2012;
and (3) Regular City Council Meeting of January 24, 2012.
Motion carried 5-0.
Item #1 PRESENTATION REGARDING MN/DOT 1-494 NOISE WALL PROCESS
Transportation Engineer Pearson made a presentation regarding Mn/DOT 1-494 noise wall
process.
Item#2 PRESENTATION OF ENVIRONMENT LEADERSHIP AWARD TO RICHFIELD
PUBLIC WORKS DEPARTMENT
Joan Nephew, Freshwater Society, presented an Award of Environment Leadership to the
Richfield Public Works Department.
Item #3 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Fitzhenry reported on a recent Beyond the Yellow Ribbon event.
Council Member Sandahl announced the February 29 Arterial Transit Way Corridors
meeting.
Mayor Goettel discussed a request she received asking for City-sponsored flags.
The City Council consensus was that this be citizen sponsored.
Council Meeting Minutes -3- February 14,2012
Mayor Goettel stated the annual City Manager performance evaluation will follow the
February 28 Regular City Council Meeting.
Council Member Wroge discussed the proposed Development Summit.
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed Item#5E to be considered separately as Item #6.
M/Sandahl, S/Wroge to approve the agenda as amended.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. Consideration of approval of first reading of amendment to City Administrative Code
Chapter III, Subsection 310.33, subd. 8 describing vacation leave S.R. No. 28
B. Consideration of approval of first reading of transitory ordinance providing funding for
certain capital improvements from Special Revenue Fund and scheduling public hearing
and second reading for March 13, 2012 S.R. No. 29
C. Consideration of approval of purchase orders to Nelson Auto Center in amount of
$50,691.22 plus tax and Ranger GM in sum of$52,738.70 plus tax for four new Police
squad cars S.R. No. 30
D. Consideration of approval of work proposal from WSB &Associates, Inc. for development
of 30% plans for Taft Lake Regional Water Quality Improvement Project S.R. No. 31
E. Item moved to be considered separately as Item#6.
F. Consideration of approval of resolution authorizing BCA Joint Powers Agreement with City
of Richfield's Prosecuting Attorney for access to Criminal Justice Data Communications
network S.R. No. 33
RESOLUTION NO.10620
RESOLUTION ALLOWING A JOINT POWERS AGREEMENT BETWEEN THE RICHFIELD DEPT.
OF PUBLIC SAFETY/POLICE PROSECUTING ATTORNEY AND THE MN BUREAU OF
CRIMINAL APPREHENSION FOR ACCESS TO THE MINNESOTA CRIMINAL JUSTICE DATA
COMMUNICATIONS NETWORK (CJDN)
This resolution appears as Resolution No. 10620.
G. Consideration of approval of resolution allowing Richfield Public Safety
Department/Emergency Management Division to receive grant funds from Hennepin
County Emergency Management S.R. No. 34
RESOLUTION NO.10621
RESOLUTION ALLOWING THE RICHFIELD PUBLIC SAFETY DEPARTMENT/EMERGENCY
MANAGEMENT DIVISION TO RECEIVE GRANT FUNDS FROM HENNEPIN COUNTY
EMERGENCY MANAGEMENT
This resolution appears as Resolution No. 10621.
Council Meeting Minutes -4- February 14,2012
H. Consideration of approval of work order#8 from HR Green to prepare drawings and
construction documents for Honoring All Veterans Memorial and supervise construction of
remaining work at cost not to exceed $16,710 S.R. No. 35
M/Sandahl, S/Wroge to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Former Item#5E—Consideration of approval of resolution authorizing subdivision
waiver allowing division of 6812-14th Avenue into two single family lots S.R. No. 32
Council Member Fitzhenry presented Staff Report No. 32.
M/Fitzhenry, S/Elliott that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10619
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
FOR 6812 14TH AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 10619.
Item #7 PUBLIC HEARING REGARDING RESOLUTION GRANTING SITE PLAN THAT
INCLUDES VARIANCES TO ALLOW INCREASED FRONT SETBACK, REDUCED
INTERIOR SIDE AND REAR SETBACKS, REDUCED SIDEWALK WIDTH,
REDUCED PARKING STAFF WIDTH AND REDUCED IRRIGATION
REQUIREMENT AT 112-66TH STREET EAST S.R. NO. 36
Council Member Wroge presented Staff Report No. 36.
Jann Owen, 6535 11th Avenue, spoke against the proximity of the building to her lot and
requested the building be rotated with parking in the rear.
Jon Govelte, O'Reilly representative, stated the proposed site plan works best for delivery
trucks and is the business model.
City Planner Poehlman explained the variance process and associated costs. She also
discussed the removal of the 66th Street access and that Hennepin County requires dock trucks not
tractor trailers be used for deliveries.
City Planner Poehlman continued that O'Reilly's has made changes to accommodate
recommended changes of the City, including site plan and parking adjustments.
Janet Holman, 6524 12th Avenue, spoke in favor of the O'Reilly project because of
concerns of what other projects could go on the site.
Council Meeting Minutes -5- February 14,2012
Darrel Jorgenson, property owner, recommended approval and stated he understood from
discussions with O'Reilly's that the building would move four feet closer to 66th Street.
City Planner Poehlman suggested the City Council amend the resolution, Item#4 to reflect
up to 76.5 feet front setback.
The City Council agreed.
M/Wroge, S/Elliott to close public hearing.
Motion carried 5-0.
M/Wroge, S/Elliott that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10622
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN
AND VARIANCES AT
1120 66TH STREET EAST
Motion carried 5-0. This resolution appears as Resolution No. 10622.
Item #8 PUBLIC HEARING REGARDING RESOLUTION GRANTING CONDITIONAL USE
PERMIT FOR ANIMAL KENNEL AT 6315 PENN AVENUE S.R. NO. 37
Council Member Elliott presented Staff Report No. 37.
Katie Jamison, 6310 Oliver Avenue, expressed concerns regarding noise and smell, and
the proximity to her home. She believed this to be an inappropriate business on this site.
Danielle Johnson, 6324 Oliver Avenue, expressed concerns regarding the exercise area,
specifically interaction between her dog and the daycare dogs in the alley.
Megan Coe, 6310 Oliver Avenue, suggested the relief area be considered at the same time
as the conditional use permit. She expressed concern regarding the smell of the dumpster,
accountability for violations, and soundproofing of the building.
Camillo DeSantis, 6508 Newton Avenue, Penn Central member, stated he understood
resident concerns but it is nice to have buildings filled along Penn Avenue.
Dennis Disch, 6317 Penn Avenue, Richfield Barbershop owner, stated he believes the
sound control and relief area will work.
Michele Moin, 6301 Penn Avenue, Mother Duck Learning Center owner, expressed
concerns regarding the outdoor relief area in the back of the building.
Don and Lori Swetala, applicants, addressed the concerns mentioned by the residents,
including garbage disposal, relief area, exercise rooms inside building, and the handling of non-
socialized dogs.
City Planner Poehlman stated code compliance issues would be handled by Environmental
Health staff or the City Council could revoke the conditional use permit.
Council Meeting Minutes -6- February 14,2012
M/Wroge, S/Sandahl to close public hearing.
Motion carried 5-0.
M/Elliott, S/Wroge that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10623
RESOLUTION GRANTING APPROVAL
OF A CONDITIONAL USE PERMIT
FOR AN ANIMAL KENNEL AT
6315 PENN AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 10623.
Item #9 CONSIDERATION OF RESOLUTION GRANTING CONDITIONAL USE PERMIT
FOR FULL-SERVICE RESTAURANT AT 800 66TH STREET WEST S.R. NO. 38
Mayor Goettel presented Staff Report No. 38.
JJ Haywood, Pizza Luce representative, discussed the options for odor control currently
being reviewed and the hours of outside dining.
City Planner Poehlman recommended the resolution be amended to include measures to
control odor.
The City Council agreed.
M/Goettel, S/Elliott that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10624
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT
FOR A FULL-SERVICE RESTAURANT
AT 800 66TH STREET WEST
Motion carried 5-0. This resolution appears as Resolution No. 10624.
Item #10 PUBLIC HEARING REGARDING RESOLUTION SPECIFYING USE OF FUNDS
FROM COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR 2012
S.R. NO. 39
Council Member Sandahl presented Staff Report No. 39.
Dan Harkin, CAPSH representative, requested support for the funding.
Debbie Ross-Staska, H.O.M.E. representative, requested support for the funding.
M/Fitzhenry, S/Sandahl to close public hearing.
Council Meeting Minutes -7- February 14,2012
Motion carried 5-0.
M/Sandahl, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10625
RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2012 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING EXECUTION
OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD
PARTY AGREEMENTS
Motion carried 5-0. This resolution appears as Resolution No. 10625.
Item #11 CONSIDERATION OF RESOLUTION APPROVING REVISED 2012 GENERAL
SERVICES COMPENSATION PLAN TO REFLECT ADJUSTMENTS TO GS1 AND
GS2 PAY GRADES S.R. NO. 40
Council Member Fitzhenry presented Staff Report No. 40.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10626
RESOLUTION RELATING TO THE 2012 GENERAL SERVICES
SALARY COMPENSATION PLAN
Motion carried 5-0. This resolution appears as Resolution No. 10626.
Item #12 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING SECTION
210.01 RELATED TO CITY COUNCIL SALARIES AND SCHEDULING SECOND
READING FOR FEBRUARY 28, 2012 S.R. NO. 41
Council Member Sandahl presented Staff Report No. 41.
Council Member Wroge stated he did not support an increase because with comparable
cities, Richfield is ahead.
Council Member Sandahl stated it is typical that the City Council receives similar salary
adjustments as employees but one year later.
Mayor Goettel said Richfield should keep in line with other cities.
M/Sandahl, S/Fitzhenry to approve first reading of ordinance amending Section 210.01
related to City Council salaries and scheduling second reading for February 28, 2012.
Motion carried 4-1. (Wroge opposed)
Council Meeting Minutes -8- February 14,2012
Item #13 CONSIDERATION OF MAYOR'S APPOINTMENT OF HOUSING AND
REDEVELOPMENT AUTHORITY COMMISSIONER FOR FIVE-YEAR TERM
S.R. NO. 42
Mayor Goettel presented Staff Report No. 42.
Mayor Goettel recommended David Gepner be appointed as HRA Commissioner for a five-
year term commencing February 14, 2012 and expiring on February 14, 2017 or until such later
date as a successor is appointed and qualified.
Council Member Wroge stated he did not support the recommendation because he
believed different people are needed on the HRA, because Mr. Gepner served as a Commissioner
previously.
Council Member Elliott stated there were other applicants that could be recommended but
he would support the Mayor's recommendation.
Council Members Sandahl and Fitzhenry expressed support of the recommendation.
M/Goettel S/Sandahl to appoint David Gepner as Housing and Redevelopment Authority
Commissioner for a five-year term.
Motion carried 4-1. (Wroge opposed)
Item #14 CITY MANAGER'S REPORT
No report.
Item #15 CLAIMS AND PAYROLLS
M/Sandahl, S/Wroge that the following claims and payrolls be approved:
U.S. Bank 2/14/12
A/P Checks: 210266-210785 $ 2,038,250.35
Payroll: 81423-81738 $ 534,808.96
TOTAL $ 2,573,059.31
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
Council Meeting Minutes -9- February 14,2012
The City Council meeting was adjourned by unanimoa onj• -t 9:3�.m//
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Date Approved: February 28, 2012 .. _ �: � t
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Cheryl umho z ge L. Devich
Executive Coordinator City anager