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11-26-13 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota g4641:eed Re ular Meetin g Meeting November 26, 2013 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; Edwina Garcia; and Tom Fitzhenry. Members Absent: Sue Sandahl, Council Member. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Wayne Kewitsch, Fire Services Director; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. M/Fitzhenry, S/Elliott to excuse the absence of Council Member Sandahl from the Special City Council Worksession; Special Concurrent City Council, HRA and Planning Commission Worksession and Regular City Council Meeting of November 26, 2013. Motion carried 4-0. OPEN FORUM Steph Miller, 6804 James Avenue, encouraged the City Council to do their due diligence in considering the proposed Academy of Holy Angels Campus Mater Plan. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Garcia, S/Fitzhenry to approve the minutes of the (1) Special City Council Meeting of November 12, 2013; (2) Special City Council Worksession of November 12, 2013; (3) Regular City Council Meeting of November 12, 2013; and (4) Special City Council Closed Executive Session of November 18, 2013. Motion carried 4-0. Council Meeting Minutes -2- November 26,2013 Item #1 RECOGNITION OF CITIZENS AND ICE ARENA STAFF INVOLVED IN SUCCESSFUL CPR RESUSCITATION (COUNCIL MEMO NO. 110) Fire Services Director Kewitsch, Robert Ball, Operations Supervisor and PIO; and Dr. Brian Mahoney, M.D., HCMC EMS — Medical Director presented Certificates of Appreciation from the Fire Department and the American Heart Association Heartsaver Hero Award. Item #2 ANNUAL MEETING WITH THE COMMUNITY SERVICES COMMISSION Gerry Charnitz, Chair, presented the commission's annual report. Item #3 ANNUAL MEETING WITH THE TRANSPORTATION COMMISSION Marty Kirsch, Chair, presented the commission's annual report. Item #4 COUNCIL DISCUSSION • Schedule annual City Council and staff goalsetting session (Council Memo No. 112) • Schedule meeting with local legislators (Council Memo No. 112) • Schedule advisory commission interviews (Council Memo No. 112) • Hats Off to Hometown Hits Mayor Goettel requested potential dates be provided to them for consideration, including a Friday morning for the goalsetting, a breakfast meeting with the Legislators; and a Saturday morning for commission interviews. Council Member Fitzhenry provided a Noise Oversight Committee update. Council Member Garcia encouraged community participation in the proposed Academy of Holy Angels Campus Master Plan. Item #5 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Elliott to approve the agenda. Motion carried 4-0. Item #6 CONSENT CALENDAR A. Consideration of the approval of a resolution accepting a grant from the Target Corporation in the amount of$4,400 and donations from Modern Manufacturing & Engineering, Inc. ($750); Richfield Police Federation ($150); Martin Costello ($300); and Lisalan Thai of Counselor Realty ($150) for the Richfield Police Department Heroes and Helpers program S.R. No. 234 RESOLUTION NO. 10860 Council Meeting Minutes -3- November 26,2013 RESOLUTION AUTHORIZING RESOLUTION ACCEPTING DONATIONS DESIGNATED FOR THE RICHFIELD POLICE DEPARTMENT HEROES AND HELPERS PROGRAM This resolution appears as Resolution No. 10860. B. Consideration of the approval of the bid minutes/tabulation and award of a contract to Graymont (WI), LLC Company for the purchase of quick lime for water treatment in the amount of$216,790 ($154.85/ton) for 2014 S.R. No. 235 M/Fitzhenry, S/Goettel to approve the Consent Calendar. Motion carried 4-0. Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #8 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE AMENDING SUBSECTION 544.13, SUBD. 6 RELATED TO PARKING REQUIREMENTS FOR RESTAURANTS SERVING MINIMAL ALCOHOL THAT ARE LOCATED WITHIN SHOPPING CENTERS S.R. NO. 236 Council Member Garcia presented Staff Report No. 236. M/Garcia, S/Fitzhenry that this constitutes the second reading of Bill No. 2013-22, amending Section 544.13, Subd. 6 of the Richfield City Code, relating to parking requirements for restaurants serving minimal alcohol that are located within shopping centers, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #9 CONSIDERATION OF THE SECOND READING OF ORDINANCE 541.19 AMENDING NOISE ATTENUATION REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION IN THE 2007 60-62 AND 63 OR GREATER DNL CONTOURS AND A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 514.19 NOISE ATTENUATION S.R. NO. 237 Council Member Fitzhenry presented Staff Report No. 237. M/Fitzhenry, S/Goettel that this constitutes the second reading of Bill No. 2013-23 amending Section 541.19 of the Richfield City Code, relating to noise attenuation requirements for new residential construction in the 2007 60-62 and 63 or greater DNL contours, 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. 10861 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING ORDINANCE 541.19 OF THE RICHFIELD CITY CODE TO AMEND NOISE ATTENUATION REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION IN THE 2007 60-62 AND 63 OR GREATER DNL CONTOURS Council Meeting Minutes -4- November 26,2013 Motion carried 4-0. This resolution appears as Resolution No. 10861. Item #10 CONSIDERATION OF A RESOLUTION REGARDING A SUBDIVISION WAIVER GRANTING THE DIVISION OF 7215 LOGAN AVENUE (A 150-FOOT WIDE LOT) INTO THREE 50-FOOT WIDE LOTS FOR THE CONSTRUCTION OF NEW SINGLE FAMILY HOMES S.R. NO. 238 Council Member Elliott presented Staff Report No. 238. M/Elliott to approve a resolution regarding a subdivision waiver granting the division of 7215 Logan Avenue (a 150-foot wide lot) into three 50-foot wide lots for construction of new single family homes, based upon discussion. The motion was not seconded. Nan Roen, 7220 Logan Avenue, spoke in opposition to the construction of three homes across the street from her due to additional traffic, parking and noise. Penny Gibson, 7226 Logan Avenue, spoke in opposition to the subdivision waiver for three house because the quality of life in the neighborhood needs to be preserved. Ray Kimal, 7214 Logan Avenue, spoke in opposition to the subdivision waiver for three houses due to the impact on the neighborhood. Joe Stratig, 7200 Logan Avenue, spoke in opposition to the subdivision waiver for three houses because the proposed lots and houses are out of character with the others in the neighborhood. Judith Stocker, 7308 Logan Avenue, spoke in opposition to the waiver for three houses because it is too close together and several trees would need to be removed. Ron Henry, 7233 Logan Avenue, submitted a petition in opposition to the subdivision for three houses because there is no substantial hardship and density is being exceeded. Sarah Barnett, 7227 Logan Avenue, expressed concern about the subdivision waiver changing the fabric of the community due to substandard lots. Erin Rykken, 7233 Morgan Avenue, expressed concern regarding smaller lot sizes not attracting families. Sue Nielsen, 7201 Morgan Avenue, spoke in opposition to the subdivision for three houses because it would be close together and there would be less green space. Terry Burns, executor of the property, spoke in support of the subdivision because there are other 50 foot lots in the City. The proposed homes are very nice and would increase the value of other homes in the neighborhood. He requested the City Council approve the subdivision. Dustin Endres, Endres Construction Homes, stated the City has authorized going under the lot threshold in other areas and the proposed homes have character and will fit nicely in the neighborhood. He stated the cost of constructing only two homes is unattainable. Council Member Elliott stated he did not support the subdivision waiver for three houses on 50 foot lots but would support two houses on 75 foot lots. City Attorney Tietjen explained each subdivision waiver application is reviewed on its own merit. Council Meeting Minutes -5- November 26,2013 Council Member Garcia stated she did not support the subdivision waiver for three houses because it violates the character of the neighborhood. She expressed support for two houses. Mayor Goettel stated she did not support three houses but could support two houses. Council Member Fitzhenry also expressed support for two houses, not three. Council Member Elliott made another motion. M/Elliot, S/Fitzhenry to deny the resolution regarding a subdivision waiver granting the division of 7215 Logan Avenue (a 150-foot wide lot) into three 50-foot wide lots for construction of new single family homes. Motion carried 4-0. Item #11 CITY MANAGER'S REPORT City Manager Devich reported on the launching of electronic City Council packets in January 2014. Item #13 CLAIMS AND PAYROLLS M/Fitzhenry, S/Garcia that the following claims and payrolls be approved: U.S. Bank 11/26/13 NP Checks: 226736 - 227064 $ 1,416,920.55 Payroll: 97240 — 97566; 42171 -42172 $ 590,457.29 TOTAL $ 2,007,377.84 Motion carried 4-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:31 p.m. Date Approved: December 10, 2013 (---- '‘ . 2 at or / � D-•. - r oettel / f% ? eAtallL / C X Cher I Kr mho Iz -n L. Devich Executive Coordinator City Manager