06-25-13 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
gee4eeed Re ular Meetin g Meeting
June 25, 2013
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Tom Fitzhenry; and
Edwina Garcia.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety
Director; Jim Topitzhofer, Recreation Services Director; Chris Regis,
Finance Manager; Jay Henthorne, Deputy Public Safety Director; Jeff
Pearson, Transportation Engineer; Charlie O'Brien, Code Compliance
Specialist; Julie Urban, Housing Specialist; Mary Tietjen, City Attorney;
and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Fitzhenry, S/Sandahl to approve the minutes of(1) Special City Council Meeting of June
11, 2013; (2) Special Concurrent City Council and Planning Commission Worksession of June 11,
2013; and (3) Regular City Council Meeting of June 11, 2013.
Motion carried 5-0.
Item #1 PRESENTATION OF GENE AND MARY JACOBSEN OUTSTANDING CITIZEN
OF THE YEAR AWARD TO PHUOC TRAN (COUNCIL MEMO NO. 53)
Council Meeting Minutes -2- June 25,2013
Kim Jacobsen, son of Gene and Mary Jacobsen, presented the award.
Mayor Debbie Goettel presented the Certificate of Recognition.
Item #2 ANNUAL MEETING WITH THE HUMAN RIGHTS COMMISSION
Nancy Roberts, Chair, presented the annual report.
Debbie Eng and Sean David Hayford O'Leary, commission members, announced the One
Voice Minnesota event on July 23 at the Richfield Community Center.
Item #3 PRESENTATION BY THE HOUSING VISIONING TASK FORCE OF THE
HOUSING VISIONING STATEMENT AND GOALS (COUNCIL MEMO NO. 52)
The Housing Visioning Task Force presented their Housing Vision Statement and Goals,
including process overview (John Shardlow); background research, tour(Amy Utley);, issue
identification, prioritization, visioning (Gordon Hanson); common themes and goals (Jeremy
Larson); and housing vision statement, meaning (Catherine Ragozzino).
Community Development Director Stark presented examples of potential next steps and
returning to the City Council with an implementation plan.
The City Council thanked the task force members for their service.
Item #4 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Sandahl announced the July 4 events.
Council Member Garcia announced the open public meeting with State Senator Patricia
Torres Ray at Hope Presbyterian Church on June 27.
Council Member Garcia congratulated Mayor Goettel on her election to serve on the
League of Minnesota Cities Board of Directors.
Mayor Goettel acknowledged several certificates the City has received and suggested the
listing of all awards and certificates be placed on the City's website.
Mayor Goettel stated that Richfield-Bloomington Honda has offered the City Council cars to
use in the Fourth of July parade.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Garcia, S/Fitzhenry to approve the agenda.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
Council Meeting Minutes -3- June 25,2013
A. Consideration of approval of continuing the public hearing on June 25, 2013 regarding plat
approval for land at the northwest corner of 66th Street and Richfield Parkway to July 9,
2013. S.R. No. 116
B. Consideration of approval of renewal contract number A090395 with Hennepin County for
the purchase of assessment services for the period commencing August 1, 2013 and
ending July 31, 2016 S.R. No. 117
C. Consideration of approval of a resolution restricting parking on both sides of Richfield
Parkway from 250 feet north of 64th Street to Bloomington Avenue S.R. No. 118
RESOLUTION NO. 10805
RESOLUTION FOR PARKING RESTRICTIONS ON RICHFIELD PARKWAY
FROM 250' NORTH OF 64TH STREET TO BLOOMINGTON AVENUE
This resolution appears as Resolution No. 10805.
D. Consideration of approval of a resolution allowing Richfield Department of Public Safety to
accept grant monies in the amount of$9,880 from the U.S. Department of Justice, Office of
Justice Programs, the Justice Assistance Grant (JAG) Program S.R. No. 119
RESOLUTION NO. 10806
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT
THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $9,880 FROM
THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR REPLACING THE TAZERS
CURRENTLY USED BY RICHFIELD POLICE DEPARTMENT OFFICERS
This resolution appears as Resolution No. 10806.
E. Consideration of approval of a Community Celebration Event License and a temporary on-
sale intoxicating liquor license, with a fee waiver, for the Fourth of July Committee for the
annual events scheduled to take place at Veterans Memorial Park, July 1st through July
5th, 2013 S.R. No. 120
F. Consideration of approval of a temporary on-sale 3.2 percent malt liquor license for the
Minneapolis-Richfield American Legion Post 435, located at 6501 Portland Avenue for
activities scheduled to take place on July 4, 2013 S.R. No. 121
M/Goettel, S/Sandahl to approve the Consent Calendar.
Motion carried 5-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #8 CONSIDERATION OF:
• SECOND READING OF AN ORDINANCE REZONING THE PROPERTIES
AT 401-77TH STREET WEST, 501-77TH STREET WEST, 7724 HARRIET
AVENUE, 400-78TH STREET WEST, 500-78TH STREET WEST AND 520-
78TH STREET WEST FROM MIXED USE — REGIONAL (MU-R) TO
PLANNED MIXED USE (PMU); AND
• A RESOLUTION APPROVING THE FINAL DEVELOPMENT PLANS AND
CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE
DEALERSHIP AND SERVICE CAMPUS PLANNED UNIT DEVELOPMENT
S.R. NO. 122
Council Meeting Minutes =4= - _ - June 25,,20
Mayor Goettel presented Staff Report No. 122.
Community Development Director Stark stated this was a collaborative effort and City staff
is supportive of the project.
M/Goettel, S/Elliott that this constitutes the second reading of Bill No. 2013-12 amending
Appendix I of the Richfield City Code by changing the zoning designation from Mixed Use—
Regional SMU-R) to Planned Mixed Use (PMU) for the following properties: 401 —77th Street West,
501 —77t Street West, 7724 Harriet Avenue, 400— 78th Street West, 500 —78m Street West, and
520 —78m Street West, 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. 10807
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT
AT 401-77TH STREET WEST, 501-77TH STREET WEST, 7724 HARRIET AVENUE,
400-78TH STREET WEST, 500-78TH STREET WEST AND 520-78TH STREET WEST
Motion carried 5-0. This resolution appears as Resolution No. 10807.
Item #9 PUBLIC HEARING REGARDING CONSIDERATION OF A RESOLUTION
ACKNOWLEDGING RECEIPT OF A PETITION FOR VACATION OF STREET
RIGHT-OF-WAY AND SECOND READING OF AN ORDINANCE VACATING
HARRIET AVENUE STREET RIGHT-OF-WAY BETWEEN 77TH STREET WEST
AND 78TH STREET WEST S.R.NO. 123
Council Member Fitzhenry presented Staff Report No. 123.
Tim Carter, Richfield-Bloomington Honda, stated the development is emulating the small
town feel in Richfield.
M/Fitzhenry, S/Elliott to close the public hearing.
Motion carried 5-0.
M/Fitzhenry, S/Sandahl that this constitutes the second reading of Bill No. 2013-13,
Transitory Ordinance No. 18.89 vacating Harriet Avenue street right-of-way between 77m Street
West and 78th Street West, 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. 10808
RESOLUTION DECLARING ADEQUACY OF PETITION FOR
VACATION OF STREET RIGHT-OF-WAY
Motion carried 5-0. This resolution appears as Resolution No. 10808.
Item #10 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION GRANTING
FINAL APPROVAL OF A PLAT FOR 401-77TH STREET WEST, 501-77TH
STREET WEST, 7724 HARRIET AVENUE, 400-78TH STREET WEST, 500-78TH
STREET WEST AND 520-78TH STREET WEST S.R. NO. 124
Council Member Sandahl presented Staff Report No. 124.
Council Meeting Minutes -5- June 25,2013
Community Development Director Stark suggested the City Council approve a revised
resolution that changes 2(c) to read 120 days not 30 days to file the final plat.
The City Council agreed to the revision.
M/Fitzhenry, S/Goettel to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Goettel that the following revised resolution be adopted and that it be made
part of these minutes:
RESOLUTION NO. 10809
RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR
401-77TH STREET WEST, 501-77TH STREET WEST, 7724 HARRIET AVENUE, 400-78TH
STREET WEST, 500-78TH STREET WEST, AND 520-78TH STREET WEST
(WOOD MINNESOTA RE ADDITION)
Motion carried 5-0. This resolution appears as Resolution No. 10809.
Item #11 CONSIDERATION OF A REQUEST FOR A NEW MULTI-PET RESIDENCE
LICENSE FOR ALAN AND MARIANNE DAHL, 6505 IRVING AVENUE S.R. NO.
125
Council Member Elliott presented Staff Report No. 125.
Code Compliance Specialist O'Brien explained the code violation findings resulting in a
recommendation for denial of the license.
Council Member Elliott stated the contiguous neighbors' signatures are not required as a
basis for denial but rather a consideration for determining the issuance of a license.
City Manager Devich replied that past practice has been to not grant a license if neighbors
do not sign but the ordinance does provide some flexibility in that determination.
Code Compliance Specialist O'Brien stated the complainant refused to mediation and that
State Statute requires the identification of the complainant to be protected unless otherwise
directed by the court.
Council Member Fitzhenry said his concerns are the lack of sanitation and potential health
issues. He believes the reports from code compliance are clear and convincing.
Council Member Elliott stated the applicant is entitled to due process and disagreed that the
reports are clear and convincing.
Council Member Elliott suggested the City Council consider an alternative request made by
the applicant that when a cat dies, they agree to not replace it. He stated he believed
accommodations should be made and vehemently opposed denial of the license. He added he
does not support the way the current ordinance is drafted.
M/Garcia, S/Sandahl to deny the issuance of a new multi-pet residence license for Alan and
Marianne Dahl, 6505 Irving Avenue.
Council Member Sandahl expressed concern regarding the odor and that the applicants are
two animals over the limit.
Mayor Goettel expressed concern regarding the age of the cats and the odor issue.
Council Meeting Minutes -6- June 25,2013
Marianne Dahl, applicant, addressed the findings of the code compliance reports.
Council Member Garcia called for the vote.
Motion carried 4-1. (Elliott opposed)
Item #12 CITY MANAGER'S REPORT
• HENNEPIN COUNTY 2013 WELLNESS BY DESIGN AWARD
City Manager Devich reported on the Hennepin County 2013 Wellness by Design Award.
The City Council scheduled a Special City Council Meeting on August 28, 2013 at 5 p.m. to
review the 2013 Revised/2014 Proposed budgets.
Item #13 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 06/25/13
NP Checks: 222647 - 223108 $ 1,263,867.16
Payroll: 93347 — 93716; 42161 - 42162 $ 653,725.23
TOTAL $ 1,917,592.39
Motion carried 5-0.
OPEN FORUM
Doris Rubenstein, 6515 Emerson Avenue, addressed the City Council regarding Phuoc
Tran receiving the Gene and Mary Jacobsen Citizen of the Year award.
Item #14 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN THE BABCOCK
CONFERENCE ROOM REGARDING THE CITY MANAGER ANNUAL
PERFORMANCE EVALUATION
The City Council adjourned to the Closed Executive Session at 8:37 p.m.
The City Council Closed Executive Session was called to order by Mayor Goettel in the
Babcock Conference Room at 8:40 p.m.
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; Edwina Garcia, and
Pat Elliott.
Staff Present: Steven L. Devich, City Manager.
The Closed Executive Session was convened pursuant to M.S. 13D.05
The Closed Executive Session was adjourned by unanimous consent in the Babcock
Conference Room at 9:10 p.m.
Item #15 RECONVENE REGULAR CITY COUNCIL MEETING IN THE COUNCIL
CHAMBERS
Council Meeting Minutes -7- June 25,2013
The meeting was called to order by Mayor Goettel in the Council Chambers at 9:11 p.m.
Item #16 SUMMARY REPORT OF THE CITY MANAGER ANNUAL PERFORMANCE
EVALUATION FOR 2012 AND CONSIDERATION OF A RESOLUTION
AMENDING EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD
AND CITY MANAGER STEVEN L. DEVICH FOR 2013 S.R. NO. 126
Mayor Goettel presented Staff Report No. 126 and summarized the City Manager's
performance evaluation.
M/Fitzhenry, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10810
RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF RICHFIELD AND STEVEN L. DEVICH, CITY MANAGER
Motion carried 5-0. This resolution appears as Resolution No. 10810.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 9:17 p.m.
Date Approved: July 9, 2013
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Cheryl K mhol / St= " L. b'zINE:P
Executive Coordinator i' Manager