10-09-07 Regular
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CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 9, 2007
I CALL TO ORDER
The meeting was called to order by Mayor Pro Tempore Sandahl at 7:00 p.m.
I ROLL CALL
Members Present:
Sue Sandahl; Fred Wroge; Bill Kilian; and Susan Rosenberg.
Members
Not Present:
Debbie Goettel, Mayor.
Steve Devich, City Manager; Bruce Palmborg, Community Development
Director; Mike Eastling, Public Works Director; Betsy Osborn, Health
Administrator; John Stark, Assistant Community Development
Director/HRA Manager; Chris Regis, Finance Manager; Cheryl Krumholz,
Recording Secretary; and Corrine Thomson, City Attorney.
MlWroge, S/Kilian to excuse the absence of Mayor Goettel from the October 9, 2007
Special City Council MeetinQ, Special City Council Worksession and ReQular City Council MeetinQ.
Staff Present:
Motion carried 4-0.
[ OPEN FORUM
No one was registered to speak.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Sandahl invited Cub Scouts Pack 384 to lead the audience in the
Pledge of Allegiance.
APPROVAL OF MINUTES
Council Meeting Minutes
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October 9, 2007
M/Kilian, SlWroge to approve the minutes of (1) Special City Council MeetinQ of September
19, 2007: (2) Special City Council Worksession of September 25. 2007: (3) ReQular City Council
MeetinQ of September 25.2007; and (4) Special City Council Worksession of September 25,2007.
Motion carried 4-0.
Item #1
ANNUAL MEETING WITH PLANNING COMMISSION
Gordon Hanson, Planning Commission Chair, provided a report on the commission's 2007
accomplishments and 2008 goals.
Mr. Hanson also reported on the Planning Commission's review of the City's
Comprehensive Plan and zoning ordinance revisions.
The City Council thanked the Planning Commission for their work.
Item #2
COUNCIL DISCUSSION
. HATS OFF TO HOMETOWN HITS
Council Member Rosenberg, as requested by the Mayor, acknowledged the Comcast
volunteers who met at Veterans Memorial Park on October 6 and bused to Wood Lake Nature Center
to do some clean-up projects.
Council Member Wroge acknowledged the soft opening of Super Target on the east side at
5:00 p.m. today.
Council Member Wroge reported on the recent mixed-use retail and housing conference he
attended. He suggested a City Council Worksession be held to discuss development concerns and
ask some of the conference speakers to attend.
Council Member Kilian reported on the Noise Oversight Committee concerns related to better
practices for nighttime airfreight operations noise.
Mayor Pro Tempore Sandahl reported on the successful All Veterans Memorial pancake
breakfast fundraiser.
Mayor Pro Tempore Sandahl requested the City Council consider her attending the November
National League of Cities conference in New Orleans, Louisiana.
M/Kilian, S/Rosenberg to approve Mayor Pro Tempore Sandahl attendinQ the National
LeaQue of Cities conference.
Motion carried 4-0.
Item #3
COUNCIL APPROVAL OF AGENDA
MlWroge, S/Kilian to approve the aQenda.
Council Meeting Minutes
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October 9,2007
Motion carried 4-0.
[ Item #4 I CONSENT CALENDAR
A. Approved first reading of ordinance adopting new Sections 507,509,512,514,518,522,
525, 527, 529, 532, 534, 537, 539, 542, 544 and 547 of Richfield City Code related to
development and performance standards in residential, commercial, industrial and mixed-
use districts; repealing Sections 506,511,516,521,524,526,530,531,536,538,541 and
546 of Richfield City Code; and amending Subsection 1305.27 of Richfield City Code
relating to parking in residential districts and scheduling public hearing and second reading
for November 13, 2007 S.R. No. 253
B. Approved resolution authorizing amendment to preliminary and final plat for Shops at
Lyndale development S.R. No. 254
RESOLUTION NO. 9993
RESOLUTION GRANTING A MINOR AMENDMENT TO THE PRELIMINARY AND FINAL
APPROVAL OF A SUBDIVISION FOR
CSM INVESTORS, INC. AND THE SHOPS AT L YNDALE PROJECT
This resolution appears as Resolution No. 9993.
C. Approved resolution granting subdivision waiver for 7201 Nicollet Avenue to create two
single-family lots S.R. No. 255
RESOLUTION NO. 9994
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
7201 NICOLLET AVENUE
This resolution appears as Resolution No. 9994.
D. Approved change in cellular telephone antenna configuration by T-Mobile at Logan Avenue
water tower S.R. No. 256
E. Approved appointment of Malloy, Montague, Karnowski, Radosevich & Co., P.A. as City's
auditor for financial reporting fiscal years 2007-2009 S.R. No. 257
F. Approved fiber optic connection agreement between City of Richfield, Richfield School
District No. 280 and Local Government Information Systems S.R. No. 258
M/Kilian, SlWroge to approve the Consent Calendar.
Motion carried 4-0.
Item #5
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR
None.
Council Meeting Minutes
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October 9, 2007
Item #6
PUBLIC HEARING REGARDING RESOLUTION AUTHORIZING AMENDMENT
TO CITY BELLA PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT
PLAN AND CONDITIONAL USE PERMIT TO ALLOW MECHANICAL
EQUIPMENT TO REMAIN IN CURRENT LOCATION AND CONTINUE TO
PROHIBIT VISITORS/CUSTOMERS PARKING IN UNDERGROUND PARKING
GARAGE (CONTINUED FROM SEPTEMBER 11, 2007) S.R. NO. 259
Mayor Pro Tempore Sandahl presented Staff Report No. 259.
M/Kilian, SlWroge to close the public hearinQ.
Motion carried 4-0.
Council Member Wroge expressed support for the resolution but that the Planning
Commission's 4-3 vote to approve this issue should be noted. In the future, the City should learn
from City Bella that multi-use structures should not be built. He voiced his concerns regarding
inadequate parking issues, which would result in never getting a sit-down, tablecloth restaurant.
The installation of the air conditioning units without permits concerned him when the property owner
knew better.
Council Member Wroge said decreasing the temperature in the garage needs to be
resolved. The residents told him they did not agree with a wrought iron fencing for screening the air
conditioner units in the walkway. He said screening means not visible and protection from touching.
Council Member Kilian discussed the tandem parking which is not conducive to a restaurant
and security issues. He agreed that air conditioning units should not be visible and the screening
should be attractive.
Council Member Wroge said he was told the residents wished to have the screening match
the building.
Mayor Pro Tempore Sandahl agreed the residents suggested matched brick, not a white
fence. She said she supported the resolution.
Mayor Pro Tempore Sandahl stated she would not say that in the future, to not build multi-
use structures, Le. Champp's has housing on top of it and there were issues that over time, were
resolved so it can be done properly.
Mayor Pro Tempore Sandahl said she was told the City Bella permit was pulled at the time
of installation but the property owner was not aware of the need to amend the plan.
Council Member Wroge said the early garbage pickup and odor issues at Champps have
not been resolved.
M/Sandahl, SKlKilian that the followinQ resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 9995
RESOLUTION AUTHORIZING AN AMENDMENT
TO THE CITY BELLA PLANNED UNIT DEVELOPMENT,
FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF SCREENING ENCLOSURES AND
THE RESTRICTION OF PUBLIC PARKING UNDERGROUND
Council Meeting Minutes
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October 9, 2007
Motion carried 4-0. This resolution appears as Resolution No. 9995,
Item #7
PUBLIC HEARING REGARDING RESOLUTION AUTHORIZING AMENDMENT
TO CONDITIONAL USE PERMIT TO ALLOW PROPERTY AT 6745 BLAISDELL
AVENUE TO BE USED AS OUTDOOR RECREATION AREA AND GRANTING
APPROVAL OF VARIANCE TO ALLOW REDUCED SETBACKS FOR OUTDOOR
RECREATION FACILITY S.R. NO. 260
Council Member Wroge presented Staff Report No. 260.
Mike Dimond, 1118 West 66th Street, on behalf of St. Peter's Church, explained the need
for this site as an expanded play area for children.
Council Member Wroge asked about needing a variance for the proposed eight-foot fence
and if this was discussed with the homeowner to the east.
Community Development Director Palmborg stated staff would report back to the City
Council on those two items.
MlWroge, S/Rosenberg to close the public hearinQ.
Motion carried 4-0.
MlWroge, S/Rosenberg that the followinQ resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 9996
RESOLUTION APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW
THE PROPERTY LOCATED AT 6745 BLAISDELL AVENUE
TO BE USED AS AN OUTDOOR RECREATION FACILITY; AND GRANTING APPROVAL OF A
VARIANCE TO ALLOW A REDUCED SETBACK FOR AN OUTDOOR RECREATIONAL FACILITY
Motion carried 4~0. This resolution appears as Resolution No. 9996.
Item #8
PUBLIC HEARING REGARDING RESOLUTION LEVYING ASSESSMEN:r FOR
RICHFIELD PARKWAY AND 66TH STREET INTERSECTION PROJECT WITH
$850,000 SPECIAL ASSESSMENT TO BE LEVIED AGAINST RYAN COMPANIES
AND TARGET CORPORATION S.R. NO. 261
Council Member Kilian presented Staff Report No. 261.
Bernard Hurley, 6414 17th Avenue, discussed his resistance to the speed and volume of
traffic, especially trucks on 17th Avenue and recent close call accidents. He suggested 15 mph and
"no trucks" signs be posted since the street is now a parkway.
Mayor Pro Tempore Sandahl requested the speed be monitored by staff.
Council Member Wroge asked about a change in the entrance used by trucks.
Council Meeting Minutes
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October 9, 2007
Public Works Director Eastling explained, now that stores are opening, a meeting with Ryan,
Super Target and Home Depot will be scheduled to review the transportation operation so the terms
agreed upon previously are followed.
Council Member Wroge suggested City trucks use Mother's Lake to avoid the area.
Andy Hartle, 6332 17th Avenue, discussed his traffic concerns, especially trucks, and the
yellow striping that narrows the street, especially when vehicles are parked.
Council Member Kilian said there are almost always issues needing to be addressed with
developments after they've opened for business. He suggested letting the initial opening occur and
a list of concerns be created because it's difficult to predict use until it happens.
City Manager Devich stated the speed enforcement issue will be addressed immediately.
Any residential street is 30 mph unless designated otherwise.
Public Works Director Eastling suggested a 25 mph signage may be appropriate.
Council Member Wroge expressed concern with delaying taking care of these issues.
Michelle Hvitved, 6420 17th Avenue, stated concern for speeding, especially on the curve at
the north end of 17th Avenue. She said it appears softball players leaving the park fields are
speeding.
M/Kil.ian, S/Wroge to close the public hearinQ.
Motion carried 4-0.
M/Kilian, S/Wroge that the followinQ resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 9997
RESOLUTION RELATING TO THE
RICHFIELD PARKWAY AND 66TH STREET INTERSECTION PROJECT: ADOPTING SPECIAL
ASSESSMENTS FOR THE PROJECT
Motion carried 4-0. This resolution appears as Resolution No. 9997.
Item #9
PUBLIC HEARING REGARDING RESOLUTION ADOPTING ASSESSMENT ROLL
FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR
ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE
PROPERTY S.R. NO. 262
Council Member Rosenberg presented Staff Report No. 262.
Mayor Pro Tempore Sandahl said 25% of the properties are on main thoroughfares in the
City so this is a critical impression of Richfield.
M/Rosenberg, S/Kilian to close the public hearinQ.
Motion carried 4-0.
Council Meeting Minutes
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October 9, 2007
M/Rosenberg, S/Kilian that the followinQ resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 9998
RESOLUTION ADOPTING ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF
PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY.
Motion carried 4-0. This resolution appears as Resolution No. 9998.
Item #10 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO
CHAPTER 1202.05, SUBDIVISION 3{B) INCREASING NUMBER OF WINE
LICENSES AVAILABLE IN CITY OF RICHFIELD FROM SEVEN TO TWELVE S.R.
NO. 263
Council Member Kilian presented Staff Report No. 263.
M/Kilian, S/Sandahl that this constitutes the second readinQ of Bill No. 2007-18 chanQinq
Section 1202.05 Subd. 3(d) that would increase the number of wine licenses available in the City of
Richfield from seven to twelve. that it be published in the official newspaper and that it be made part
of these minutes.
Motion carried 4-0.
Item #11 CONSIDERATION OF RESOLUTION GRANTING SITE PLAN TO ALLOW
CONSTRUCTION OF 3,500 SQUARE FOOT BUILDING ADDITION AND CHANGE
IN PARKING RATIO AT 7745 LYNDALE AVENUE S.R. NO. 264
Council Member Rosenberg presented Staff Report No. 264.
Assistant Community Development Director/HRA Manager Stark discussed the expansion
bringing the site closer to the minimum standards of mixed-use districts. He added there is still an
overabundance of parking even with the proposed reduction.
Mayor Pro Tempore Sandahl asked about the space leased by Kensington for their
employees.
Mr. Stark stated that is not changing; peak time for retail is different than for the hotel.
M/Rosenberg, SlWroge that the followinq resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 9999
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN FOR
7745 L YNDALE AVENUE
Motion carried 4-0. This resolution appears as Resolution No. 9999.
Council Meeting Minutes
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October 9, 2007
Item #12 CONSIDERATION OF APPOINTMENTS TO FILL YOUTH TERMS ON CERTAIN
CITY ADVISORY COMMISSIONS S.R. NO. 265
Mayor Pro Tempore Sandahl presented Staff Report No. 265.
M/Sandahl, S/Rosenberg to approve the followinq appointments to fill the youth terms on the
City's advisory commissions:
ADVISORY BOARD OF HEALTH
Name
Yazdaan Juma
Term Expires
August 31, 2008
CELEBRATIONS COMMISSION
Name
Hai Nguyen- Tran
Jenni Steigauf
Term Expires
August 31, 2008
August 31,2008
Motion carried 4-0.
Item #13
CITY MANAGER'S REPORT
None.
litem #14 I CLAIMS AND PAYROLL
MlWroge, S/Rosenberg that the followinq claims and payrolls be approved:
U. S. BANK
AlP Checks: 162697 - 163089
PAYROLL 43395 - 43723; 41301 - 41306
TOTAL
$ 1,443,287.85
$ 465,845.75
$ 1,909,133.60
Motion carried 4-0.
City Attorney Thomson stated the City is party to litigation pending in Hennepin County
court regarding MAC and noise mitigation issues. A closed executive session is necessary to
provide a status report, including strategy, and client confidentiality is required.
City Attorney Thomson said no action by the City Council is expected upon return to open
session.
Mayor Pro Tempore Sandahl adjourned the open meeting at 8:22 p.m.
Council Meeting Minutes
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October 9, 2007
Item #15 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE
CONFERENCE ROOM REGARDING STATUS REPORT ON PENDING
LITIGATION WITH METROPOLITAN AIRPORTS COMMISSION
The Closed Executive Session was called to order by Mayor Pro Tempore Sandahl in the
Executive Conference Room at 8:25 p.m.
Members Present:
Mayor Pro Tempore Sue Sandahl; Fred Wrage; Bill Kilian; and Susan
Rosenberg.
Mayor Goettel via telephone.
Steve Devich, City Manager; Cheryl Krumholz, Recording Secretary; and
Corrine Thomson, City Attorney.
Staff Present:
The Closed Executive 'Session was convened pursuant to M.S. 13D.05.
The Closed Executive Session adjourned at 9:02 p.m.
Item #16 RECONVENE REGULAR CITY COUNCIL MEETING IN COUNCIL CHAMBERS
The City Council reconvened the public meeting in the Council Chambers at 9:05 p.m.
Item #17 ADJOURNMENT OF REGULAR CITY COUNCIL MEETING IN COUNCIL
CHAMBERS
The City Council meeting was adjourned by unani
a~~1J
Cheryl K mhol .
Recording Secretary
Date Approved: October 23, 2007