03-27-12 Regular CITY COUNCIL MEETING MINUTES
* ed Richfield, Minnesota
igece
Regular Meeting
March 27, 2012
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott, Sue Sandahl; and Fred
Wroge.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Barry Fritz, Public Safety Director; Pam Dmytrenko, Assistant City
Manager; Christine Costello, Community Development Specialist; Corrine
Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
City Attorney Heine stated the Open Forum is for individuals who do not wish to comment
specifically on the Pillsbury Commons item before the City Council this evening.
Holly Hanson, 7609 Harriet Avenue, spoke in opposition to the new proposal from Ron
Clark which he presented at the March 26, 2012 Planning Commission Meeting.
Wendy Holland, 7245 17th Avenue, spoke in opposition to the Pillsbury Commons project.
John Sieberz, 6434 Washburn Avenue, questioned the City's vision for Richfield housing;
including the Pillsbury Commons project.
Doris Rubenstein, 6515 Emerson Avenue, spoke about airport noise impacts and
demanded sound and vibration monitors in the Richfield Lake area and that this area be included
in a new remediation zone.
Camillo DeSantis, 6508 Newton Avenue, spoke about the misinformation on workforce
housing and low income housing. He added that Pillsbury Commons is the first true multi-family
housing in Richfield.
Mayor Goettel announced for the record, the City Council and Housing and Redevelopment
Authority have all received a copy of an e-mail/letter from the following person(s) regarding the
proposed Pillsbury Commons, which will be included in the record:
• Ann Somers, 7527 Grand Avenue. Received March 23, 2012.
Council Meeting Minutes -2- March 27,2012
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Wroge, S/Sandahl to approve the minutes of(1) Special City Council Worksession of
March 13, 2012 and (2) Regular City Council Meeting of March 13, 2012.
Motion carried 5-0.
Item #1 PRESENTATION OF 2011 FOOD SAFETY AWARDS BY RICHFIELD
ADVISORY BOARD OF HEALTH (COUNCIL MEMO NO. 34)
Jennifer Turrentine, Advisory Board of Health Chair, presented the following Food Safety
Awards:
Full Service Restaurant:
Winner— Houlihans Restaurant and Bar—6601 Lyndale Avenue
Nominee—Minneapolis-Richfield American Legion Post#435—6501 Portland Avenue
Nominee— Broadway Pizza—7514 Lyndale Avenue
Nominee— Don Pablos—980 West 78th Street
Nominee—Old Country Buffet—9 East 66th Street
Fast Food/Pizza Carry Out/Cafeteria:
Winner—Arby's Restaurant—7744 5th Avenue
Nominee—Subway West—3016 West 66th Street
Nominee—Jimmy Johns Gourmet Sandwiches—720 West 66th Street
Nominee—Wendy's Four Crown—6500 Lyndale Avenue
Nominee— McDonald's—6645 Lyndale Avenue
Retail Grocery:
Winner—Target—6445 Richfield Parkway
Nominee— Rainbow Foods— 140 West 66th Street
Item #2 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Fitzhenry provided a Noise Oversight Committee update.
Council Member Wroge acknowledged the Richfield Girls Basketball Team being in the
State tournament.
Council Member Wroge discussed the timing of the distribution of City Council packets and
requested consideration of moving distribution one week earlier than the current 5 days prior to a
Council Meeting Minutes -3- March 27,2012
meeting. This would allow time for due diligence and the ability to do a better job in considering
items before the City Council.
City Manager Devich explained that information is frequently not available on more complex
items and more lead time is needed. Staff tries to get the most current information to the City
Council.
The City Council consensus was to discuss the timing of the distribution of City Council
agenda packets and the use of iPads at a future worksession.
Council Member Wroge requested the Planning Commission meetings be changed so that
the City Council is not required to take action the day following a Planning Commission meeting.
Community Development Director Stark explained that Planning Commission agenda items
that are adopted on the fourth Monday of a month are not taken to the City Council until the second
Tuesday of the following month.
Council Member Wroge questioned and discussed the process and procedures at the
March 26, 2012 Planning Commission Meeting, specifically that Commissioner Hall had not been
allowed to speak and also City Attorney Heine's comment that if a member of the public provided
comment that evening on the Pillsbury Commons proposal, he or she would not be able to speak
at the April 23, 2012 meeting on the same subject.
City Attorney Heine explained that Commissioner Hall had attempted to address the
substance of the Pillsbury Commons proposal when there was a motion pending to continue the
public hearing, and that Commissioner Jabs correctly ruled him to be out of order.
City Attorney Heine explained that in her comments at the meeting, she had attempted to
explain that there was no public hearing on March 26 and that if the public wanted to be heard on
the revised Pillsbury Commons proposal, they needed to speak at the public hearing on April 23,
when their comments would be made part of the record. She indicated that Commissioner Jabs
had only opened the floor for comments from people who would not be present at the April 23
meeting. She also stated that her intent was not to prevent the public from speaking but only to
ensure that the public spoke at the appropriate time, when their comments would be considered as
part of the official record.
City Attorney Heine explained that Commissioner Hall attempted to address the substance
of the Pillsbury Commons proposal but Chair Jabs stated a proposal was not before them,just the
continuation of the public hearing.
City Attorney Heine clarified her comment regarding residents speaking that evening —she
was protecting the process and right to follow the process to be heard and officially part of the
record at the appropriate time, i.e. the public hearing on April 23, 2012.
Community Development Director Stark stated the City Council was notified on Thursday,
March 22, 2012 of the applicant (Ron Clark) requesting a continuation and within one-half hour,
that same notification was sent to the people in the leadership role of the Pillsbury Commons
opposition group.
The City Council acknowledged the retirement of Public Safety Director/Police Chief Barry
Fritz.
Item #3 COUNCIL APPROVAL OF AGENDA
Council Meeting Minutes -4- March 27,2012
M/Sandahl, S/Elliott to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. Consideration of approval of resolution granting second extension to July 31, 2012 of
current cable franchise agreement with Comcast of Arkansas/Florida/
Louisiana/Minnesota/Mississippi/Tennessee, Inc S.R. No. 63
RESOLUTION NO.10639
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA
GRANTING COMCAST OF ARKANSAS / FLORIDA/ LOUISIANA/MINNESOTA/MISSISSIPPI /
TENNESSEE, INC. A FRANCHISE EXTENSION TO JULY 31, 2012
This resolution appears as Resolution No. 10639.
B. Consideration of approval of Richfield Municipal Center change order report for aggregate
net effect of$1,574 in items included within project budget S.R. No. 64
M/Sandahl, S/Goettel to approve the Consent Calendar.
Motion carried 5-0.
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #6 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE
ESTABLISHING NEW WARD BOUNDARIES CONFORMING TO REDISTRICTING
REQUIREMENTS PURSUANT TO MINNESOTA STATUTES AND CITY
CHARTER AND RESOLUTION ESTABLISHING NEW PRECINCT BOUNDARIES
S.R. NO. 65
Council Member Sandahl presented Staff Report No. 65.
M/Wroge, S/Sandahl to close public hearing.
Motion carried 5-0.
M/Sandahl, S/Goettel that this constitutes the second reading of Bill No. 2012-6, Transitory
Ordinance 18.82 establishing new ward boundaries conforming to redistricting requirements
pursuant to Minnesota Statutes and City Charter, that it be published in the official newspaper and
that it be made part of these minutes; and that the following resolution be adopted and that it be
made part of these minutes:
RESOLUTION NO. 10640
RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS;
AMENDING RESOLUTION NO. 9175
Council Meeting Minutes -5- March 27,2012
Motion carried 5-0. This resolution appears as Resolution No. 10640.
Item #7 CONSIDERATION OF RESOLUTION CALLING FOR PUBLIC HEARING ON MAY
22, 2012 REGARDING;
• MODIFICATION TO REDEVELOPMENT PLAN FOR RICHFIELD
REDEVELOPMENT PROJECT AREA; AND
• PROPOSED ESTABLISHMENT OF PILLSBURY COMMONS TAX
INCREMENT FINANCING DISTRICT, RELATING TO DEVELOPMENT OF
70-UNIT MULTI-FAMILY AFFORDABLE HOUSING DEVELOPMENT ON
NORTH PORTION OF FORMER PUBLIC WORKS MAINTENANCE
FACILITY SITE LOCATED AT 7641 PLEASANT AVENUE S.R. NO. 66
Mayor Goettel presented Staff Report No. 66.
M/Goettel, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10641
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE
PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE
RICHFIELD REDEVELOPMENT PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF
THE PILLSBURY COMMONS TAX INCREMENT FINANCING DISTRICT THEREIN AND THE
ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFORE
Council Member Wroge requested a City Council closed session be called now regarding
the Pillsbury Commons process and how to proceed.
City Attorney Heine explained the requirements for a closed session and that general legal
advice is not determined as a need for attorney/client privilege and confidentiality.
City Attorney Heine stated Ron Clark indicated he would consult with his attorney after the
March 19, 2012 HRA Meeting when the public hearing was not approved.
Council Member Sandahl spoke in support of calling the City Council public hearing to get
all the information from the developer and public before making a decision.
Mayor Goettel agreed with Council Member Sandahl.
Council Member Wroge questioned Mayor Goettel's (as an HRA Commissioner) decision to
not support the calling of the public hearing at the March 19, 2012 HRA Meeting.
City Attorney Heine stated the City Council has the authority to call the public hearing and it
is not legally required to have the HRA request it.
Council Member Elliott expressed support for the public hearing to hear public comment but
that he is not pleased with the process.
City Manager Devich stated that after the HRA Meeting, he met with Ron Clark to explain
that the City Council and HRA have no obligation to this project. Mr. Devich continued that Mr.
Clark stated he did not agree because he believed the HRA not calling for the public hearing was
not proceeding with best efforts.
Council Member Fitzhenry spoke in support of holding the public hearing.
Council Meeting Minutes -6- March 27,2012
Council Member Wroge stated he was not trying to stay away from the public hearing and
requested the proposed plan for the project be provided prior to the public hearing.
Ron Clark, developer, confirmed the final plan proposal will be provided in April.
Motion carried 5-0. This resolution appears as Resolution No. 10641.
Item #8 CITY MANAGER'S REPORT
No report.
Mayor Goettel announced for the record, the City Council and Planning Commission have
all received a copy of an e-mail/letter from the following person(s) regarding the proposed Pillsbury
Commons, which will be included in the record:
• Lois Howard, 6305 Thomas Avenue. Received March 27, 2012.
Item #9 CLAIMS AND PAYROLLS
MNVroge, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 03/27/12
A/P Checks: 211453-211873 $ 1,430,842.60
Payroll: 82386-82705 $ 542,265.30
TOTAL $ 1,973,107.90
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:50 p.m.
Date Approved: April 10, 2012
Ma
Cheryl Steven L. Devic
Executive Coordinator City anager