10-23-07 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 23, 2007
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Bill Kilian; and Susan
Rosenberg.
Staff Present: Steve Devich, City Manager; Bruce Palmborg, Community Development
Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation
Services Director; Brad Sveum, Fire Services Director; Rick Regnier, Chief
Building Official; John Stark, Assistant Community Development
Director/HRA Manager; Cheryl Krumholz, Recording Secretary; and
Corrine Thomson, City Attorney.
M/Wroge, S/Kilian to excuse the absence of Mayor Goettel from the October 9, 2007
Special City Council Meeting, Special City Council Worksession and Regular City Council Meeting.
Motion carried 5-0.
OPEN FORUM
No one was registered to speak.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Council Member Sandahl invited Girl Scout Troop 11385 to lead the audience in the Pledge
of Allegiance.
APPROVAL OF MINUTES
Council Meeting Minutes -2- October 23, 2007
M/Kilian, S/Sandahl to approve the minutes of (1) Special City Council Closed Executive
Session of September 19, 2007; (2) Special City Council Meeting of October 9, 2007; (3) Special
City Council Worksession of October 9, 2007; (4) Regular City Council Meeting of October 9, 2007,
and (5) Special City Council Meeting of October 16, 2007.
Motion carried 5-0.
Item #1
INTRODUCTIONS OF RECENTLY HIRED RICHFIELD FIREFIGHTERS MARK
BUTLER, JIM KINSELLA AND MARK WATCZAK; AND RECENTLY
PROMOTED FIRE LIEUTENANT MARK ARMSTRONG AND ASSISTANT
FIRE CHIEF WAYNE KEWITSCH
Fire Chief Sveum introduced recently hired Richfield Firefighters Mark Butler, Jim Kinsella
and Mark Watczak; and recently promoted Fire Lieutenant Mark Armstrong and Assistant Fire
Chief Wayne Kewitsch.
Item #2 COUNCIL DISCUSSION
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HATS OFF TO HOMETOWN HITS
Mayor Goettel introduced City of Minneapolis Mayor R. T. Rybeck and invited him to address
the City Council.
Mayor Rybeck thanked the Richfield Mayor, City Council and former Richfield Mayor for
standing with Minneapolis to reach a significant victory in the recent Metropolitan Airports
Commission noise settlement.
Mayor Goettel thanked Mayor Rybeck for his city’s support.
Council Member Rosenberg announced the upcoming Fall Boutique at the Community
Center.
Council Member Kilian reported the successful grand opening of the SuperTarget, Home
Depot and TCF Bank.
Council Member Kilian acknowledged the 90% of the people who correctly navigate the 66th
Street and Richfield Parkway roundabout.
Item #3 COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed Item 4F from the Consent Calendar, to be considered as Item 5.
M/Sandahl, S/Rosenberg to approve the agenda as amended.
Motion carried 5-0.
Council Meeting Minutes -3- October 23, 2007
Item #4 CONSENT CALENDAR
A. Approved continuing public hearing and second reading to November 13, 2007 regarding
new on-sale intoxicating and Sunday liquor licenses with optional 2 a.m. closing and
renewing license for 2008 for Champs Operating Corporation d/b/a Champps Restaurant,
790 West 66th Street 7 S.R. No. 266
B. Approved first reading of ordinance amending Richfield City Code Appendix D establishing
fee schedule for certain permits and applications and scheduling second reading for
November 27, 2007 S.R. No. 267
C. Approved first reading of transitory ordinance authorizing sale of excess right-of-way real
property at 6600 Oakland Avenue for right-of-way purposes and scheduling public hearing
and second reading for November 27, 2007 S.R. No. 268
D. Approved resolutions for submittal of applications to Hennepin County for Environmental
Response Fund Grant; Minnesota Department of Employment and Economic Development
(DEED) for Contamination Investigation and Response Action Plan Development Grant,
and Met Council Metropolitan Livable Communities Tax Base Revitalization Account Grant
for contamination and groundwater cleanup at 6700 Cedar Avenue S.R. No. 269
RESOLUTION NO. 10000
RESOLUTION AFFIRMING AND RATIFYING CITY’S STAFF SUBMITTAL OF
AN APPLICATION TO HENNEPIN COUNTY
FOR ENVIRONMENTAL RESPONSE GRANT FUNDS
FOR 6700 CEDAR AVENUE
RESOLUTION NO. 10001
RESOLUTION AFFIRMING AND RATIFYING CITY’S STAFF SUBMITTAL OF
AN APPLICATION AND COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT
SIGNATURE TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC
DEVELOPMENT (DEED) FOR CONTAMINATION INVESTIGATION AND RESPONSE ACTION
PLAN DEVELOPMENT GRANT FUNDS FOR 6700 CEDAR AVENUE
RESOLUTION NO. 10002
RESOLUTION AFFIRMING AND RATIFYING CITY’S STAFF SUBMITTAL OF
AN APPLICATION TO METROPOLITAIN COUNCIL
FOR THE TAX BASE REVITALIZATION ACCOUNT GRANT FUNDS
FOR 6700 CEDAR AVENUE
These resolutions appear as Resolution No. 10000, 10001 and 10002.
E. Approved resolution affirming and ratifying submittal of application to Hennepin County for
Environmental Response Fund Grant for environmental clean up work required on 66th
Street and Portland Avenue intersection, including 6545 Portland Avenue (BP Amoco),
6544 Portland Avenue (Mr. Tire), portions of 601 East 66th Street (T & T Automotive) and
6600 Portland Avenue (Sinclair) S.R. No. 270
RESOLUTION NO. 10003
Council Meeting Minutes -4- October 23, 2007
RESOLUTION AFFIRMING AND RATIFYING CITY’S STAFF SUBMITTAL OF
AN APPLICATION TO HENNEPIN COUNTY
FOR ENVIRONMENTAL RESPONSE GRANT FUNDS
TH
FOR THE 66 STREET & PORTLAND AVENUE SOUTH INTERSECTION
REDEVELOPMENT INCLUDING 6545 PORTLAND, 6544 PORTLAND, 6600 PORTLAND &
TH
601 E. 66 STREET
This resolution appears as Resolution No. 10003.
F. Removed from the Consent Calendar and placed on the regular agenda for consideration
as Item 5.
G. Approved temporary on-sale 3.2 percent malt liquor license and public dance license for
Church of St. Peter/Blessed Trinity Catholic School for annual Fiesta on November 3, 2007
S.R. 272
M/Sandahl, S/Wroge to approve the Consent Calendar as amended.
Motion carried 5-0.
APPROVAL OF RESOLUTION AUTHORIZING
Item #5 CONSIDERATION OF
EXECUTION OF LICENSE AGREEMENT BETWEEN CITY OF RICHFIELD,
KENSINGTON PARK RETAIL (CORNERSTONE GROUP) AND CSM
INVESTORS FOR SHARED PARKING AT MUNICIPAL LIQUOR STORE AT
7700 LYNDALE AVENUE S.R. NO. 271 (REMOVED FROM CONSENT
CALENDAR)
Council Member Wroge questioned why the 50 off-site parking spaces agreement
Cornerstone had with the former Century Court Apartments was not utilized since it was a condition
to the approval of their development, Kensington Place.
Community Development Director Palmborg explained the 50 spaces were not used
because, at the time, the Kensington employees had the feeling it was an unsafe area.
Council Member Wroge stated that the conditional use permit was not negotiable so
employee parking on Aldrich Avenue is illegal. He added that when future high density, multi-family
developments are built, parking should not be an issue.
Council Member Wroge asked about a parking agreement with people living in the units. He
said the people were told about parking after they’d moved into their units.
Community Development Director Palmborg responded each living unit is provided with a
certain number of underground parking spaces which are expected to be used.
Council Member Wroge stated he was told 40% of the units are rented, not owned. There
are two parking spaces per unit. He added there was no visitor parking.
Community Development Director Palmborg explained the safety issue has hopefully been
alleviated due to considerable changes at the apartment complex at 75th Avenue and Lyndale
Avenue.
Council Meeting Minutes -5- October 23, 2007
Council Member Kilian recollected a previous City Council discussion related to the non-use
of the 50 parking spaces which resulted in another agreement with the Hampton Inn and 77th
Street and Lyndale Avenue Municipal Liquor Store parking lots.
Council Member Rosenberg asked if two parking spaces per unit was common practice.
Community Development Director Palmborg stated the standard is two per unit and in some
situations it’s decreased to 1.2 spaces. It is difficult to provide all the parking spaces that could be
imagined to be used. Visitor parking is typically used at different times.
Council Member Wroge said he was told homeowners feel two spaces are not enough and it
is being renegotiated.
Council Member Rosenberg stated Kensington may not be that far out of line.
Council Member Sandahl added that it is always appropriate to review parking with
developments. Successful developments can create parking issues. It is an art, not a science, and
difficult to get right.
Mayor Goettel stated it is important to have City Council history from previous
developments.
M/Wroge, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10004
RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT
ALLOWING EMPLOYEES OF KENSINGTON PARK RETAIL, LLC, TO PARK
IN MUNICIPAL LIQUOR STORE PARKING LOT
Motion carried 5-0. This resolution appears as Resolution No. 10004.
Item #6
PUBLIC HEARING REGARDING RESOLUTION AMENDING THE CITY’S
COMPREHENSIVE PLAN DESIGNATING 6745 BLAISDELL AVENUE AS
“QUASI-PUBLIC” RATHER THAN “SINGLE-FAMILY RESIDENTIAL” TO ALLOW
THE CHURCH OF ST. PETER TO UTILIZE PROPERTY S.R. NO. 273
Council Member Kilian presented Staff Report No. 273.
Mike Dimond, Church of St. Peter representative, requested the City Council support the
amendment.
Council Member Wroge asked about changing the Comprehensive Plan if a restaurant
wanted to build in a residential area.
Assistant Community Development Director Stark explained the Comprehensive Plan could
always be changed with a 4/5 vote of the City Council.
Council Member Kilian added that the change also needs to be approved by the
Metropolitan Council.
Council Meeting Minutes -6- October 23, 2007
Assistant Community Development Director Stark stated the Metropolitan Council staff
determines if the amendment is minor or major. Minor amendments are typically decided in 60
days and major amendments go before the entire Metropolitan Council board.
Assistant Community Development Director Stark added that the proposed amendment
before the City Council tonight is considered minor.
M/Sandahl, S/Rosenberg to close the public hearing.
Motion carried 5-0.
M/Kilian, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10005
RESOLUTION AMENDING THE CITY’S COMPREHENSIVE PLAN
CHANGING THE DESIGNATION OF PROPERTY LOCATED
AT 6745 BLAISDELL AVENUE
Motion carried 5-0. This resolution appears as Resolution No.10005.
Item #7
PUBLIC HEARING REGARDING RESOLUTION DENYING APPEAL FROM
DECISION OF HEARING EXAMINER AND AFFIRMING HEARING EXAMINER’S
DECISION TO DENY VARIANCE FOR REDUCED SIDE YARD SETBACK AT
7238 BLAISDELL AVENUE S.R. NO. 274
Council Member Rosenberg presented Staff Report No. 260.
John Radmanovich, contractor, stated he believes there are circumstances outside the
parameters of the Zoning Administrator’s determination. He presented information on how the
conditions are met. A standard garage is 24’ x 24’ and to limit a garage to 20’ in unreasonable.
This is also utilizing the 5’ setback space effectively. Other residences have gone into the setback
and not required a variance. He said findings are opinions.
Margaret Tolle, applicant, read a statement and expressed her belief that not utilizing 2’ of
the setback will affect the future sale of the home because of the inadequate size garage.
Council Member Wroge expressed support for granting the variance to let them build a
bigger garage. The neighbor supports the variance. The decision is open to interpretation and
should be judged on a case-by-case basis.
Council Member Wroge questioned the contractor’s statement that a bigger family room
would allow a variance because the garage would not be a problem.
Community Development Director Palmborg stated that if the addition were smaller, there
would be no issue with the setback.
Council Member Wroge discussed a previous property that was given a variance with a
similar situation.
Council Meeting Minutes -7- October 23, 2007
Council Member Kilian stated he did not support the variance because a 5’ setback is barely
adequate. He had a problem with there being that much of a hardship because there is an
alternative to lengthen the garage in front or back of the house.
Mr. Radmanovich said there could be a deeper garage but a healthy tree would need to be
removed. With a 5’ setback, there could be an area to accumulate storage items.
Council Member Kilian stated going into the setback could limit the neighbor’s or future
owner’s ability to build onto their home.
Mayor Goettel stated people are encouraged to redevelop in Richfield so variances should
be allowed for the people trying to invest in their homes. Variances should be considered on a
step-by-step basis. She said she supported granting the variance.
Council Member Sandahl asked what part of the house to the south was impacted.
Mr. Radmanovich responded the kitchen, including the fence, was approximately 18-20 feet
from the neighbor’s window. The neighbor told him she talked with her attorney and Realtor.
Council Member Wroge stated snow removal would be to the north not the south side of the
house.
Council Member Rosenberg expressed support for the homeowner because what they’re
doing is exactly what is wanting to be done in Richfield. The Hearing Examiner is operating under a
strict code and the City Council has more latitude. She said this home is in the next Richfield
Beautiful Home & Garden Tour.
Council Member Sandahl expressed support for the variance because she has a comfort
level with the closeness of the neighbor and the resident is doing what the City wants by investing
in their home.
City Attorney Thomson stated that the issuance of the variance is allowed by State Statute
provided the four requirements determined by the Hearing Examiner are met. She suggested the
City Council consider the following findings of fact to approve the variance:
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Strict compliance with the ordinance would create a practical difficulty in that it would
prevent the owner from having a 24’x24’ garage, which is typical; and
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The tree constitutes a unique circumstance.
Council Member Kilian asked if granting this variance gutted the 20’ x20’ garage size
requirement in the City Code.
City Attorney Thomson explained that because a 5’ setback is still required, unique
requirements need to be met with practical considerations to prevent a 24’x24’ size garage.
City Attorney Thomson said the next City Council agenda will include a resolution to officially
take action on the Findings of Fact.
M/Kilian, S/Rosenberg to close the public hearing.
Motion carried 5-0.
M/Rosenberg, S/Sandahl to support the appeal from the Hearing Examiner’s decision and
approve the variance for a reduced side yard setback at 7238 Blaisdell and consider the Findings of
Fact, as stated by the City Attorney, at the next City Council meeting.
Council Meeting Minutes -8- October 23, 2007
Community Development Director Palmborg said from a staff point of view, there was
support for the variance but the guidelines to operate are narrowly defined.
Community Development Director Palmborg requested clarification that staff was to review
the side yard setback requirement in the code.
Council Member Wroge said the 5’ setback is good.
Council Member Sandahl stated the square footage of the garage can not be larger than the
base of the home.
City Attorney Thomson said a reduced setback and a garage over 20’ will require application
of a variance.
Motion carried 4-1. (Kilian opposed.)
Item #8 CONSIDERATION OF LAND EXCHANGE AGREEMENT BETWEEN CITY AND
TIMOTHY AND LUANNE TEACHOUT (T & T AUTOMOTIVE) AS PART OF 66TH
STREET AND PORTLAND AVENUE INTERSECTION PROJECT S.R. NO. 275
Council Member Wroge presented Staff Report No. 275.
Council Member Sandahl thanked staff and counsel for the amicable resolution to avoid
condemnation.
Council Member Wroge said it was good the business could stay on the corner.
M/Wroge, S/Sandahl to authorize the Mayor and City Manager to execute a Land Exchange
Agreement between the City of Richfield and Timothy and Luanne M. Teachout (T & T Automotive)
substantially consistent with the Key Terms outlined for the acquisition of land needed to complete
the intersection project.
Motion carried 5-0.
Item #9 CONSIDERATION OF BID MINUTES AND TABULATION AND AWARD OF
CONTRACT TO PRESTIGE BUILDERS OF MN FOR IMPROVEMENTS AT FIRE
STATION #2, 6401 PENN AVENUE, IN AMOUNT OF $247,600 S.R. NO. 276
Council Member Sandahl presented Staff Report No. 276.
City Manager Devich stated the infrastructure of City buildings is getting old and needed
renovations are coming due at the same time.
Council Member Wroge questioned why the roof lasted only 24 years.
Public Works Director Eastling replied it’s a flat asphalt roof.
M/Sandahl, S/Kilian to approve the bid minutes and tabulation and award of contract to
Prestige Builders of MN in the amount of $247,600.
Council Meeting Minutes
-9-
October 23, 2007
Motion carried 5-0.
Item #10
CITY MANAGER'S REPORT
City Manager Devich reported that Judge Aldrich approved the consent decree for the MAC
settlement on Friday afternoon. The FAA approval is scheduled for November 30.
City Manager Devich reported there is an increase in business at the Cedar Liquor Store with
the successful opening of Cedar Point.
Council Member Kilian stated the increase in sales also provides additional funds to the City.
He asked about the land exchange with MnDOT to enlarge the liquor store parking lot.
City Manager Devich responded the City owns the land from the liquor store to the middle of
Old Cedar.
Council Member Wroge asked about graffiti incidents.
City Manager Steve Devich stated the only major episode in recent weeks was the graffiti at
75th through 77th Streets and Chicago Avenue.
litem #14 I CLAIMS AND PAYROLL
M/Sandahl, SlWroge that the followinQ claims and pavrolls be approved:
U. S. BANK
AlP Checks: 163090 - 163464
PAYROLL 43724 - 44060; 41307 - 41309
/
TOTAL
$ 2,648,556.55
$ 483,742.73
$ 3,132,299.28
Motion carried 5-0.
The City Council meeting was adjourned by unanimous consent at 8:38 p.m.
Date APproved~ ' 1 2>. ;JoB 7
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~~kf
Cheryl rumho z
Recording Secretary
CITY OF RICHFIELD, MINNESOTA
Bid Opening
October 4, 2007
. 2:00 p~m.
2007 Richfield Fire Station No.2 Improvements
Bid No. 07-43
Project No. 000673-07121-0
Pursuant to requirements of Resolution No.1 015, a meeting of the Administrative Staff was called by
Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and
read aloud, bids for the Richfield Fire Station No.2 Improvements, as advertised in the official
newspaper on September 20,2007 and the Construction Bulletin on September 17, 2007.
Present:
Nancy Gibbs, City Clerk
Cheryl Krumholz, City Manager Representative
Dave Conrads, Building Maintenance Representative
The following bids were submitted and read aloud:
Contractor's Name Bond Adm (2) Total Alternate Alternate
Base Bid No.1 No.2
Berwald Roofing Co. Inc. ~ ~ $317,000 $10,000 $35,000
Frerichs Construction Co. ~ ~ $238,000 $3,599 $26,641
GA Construction Inc. ~ ~ $249,000 $4,100 $51,000
Gladstone Construction Inc. ~ ~ $263,600 $4,000 $36,000
Meisinger Construction Co. ~ ~ $245,000 $5,000 $28,000
Parkas Construction Co. ~ ~ $237,300 $4,600 $45,800
Prestige Builders of MN, LLC ~ ~ $218,000 $4,600 $25,000
The City Clerk announced that the bids would be tabulated and considered at the October 23, 2007
City Council Meeting.
\......
Nancy Gibbs .
City Clerk