05-13-14 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
g664114.ced Regular Meeting
May 13, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Edwina Garcia; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
Todd Sandell, Public Safety Director; Jim Topitzhofer, Recreation Services
Director; Karen Barton, Assistant Community Development Director; Pam
Dmytrenko, Assistant City Manager; Mary Tietjen, City Attorney; and
Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
Susan Rosenberg; 6633 Thomas Avenue, announced the upcoming annual Garden Club
plant sale.
Rob Foreman, 7500 Morgan Avenue, discussed the insufficient back stop and fencing at
the Richfield Middle School ballfield on 75th Street because balls are entering private lots resulting
in issues.
City Manager Devich stated these ballfields belong to the school district.
The City Council requested staff contact the school to resolve this issue due to the risk of
chasing balls across 75th Street.
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 Worksession
of April 22, 2014; (2) Special Concurrent City Council and HRA Worksession of April 22, 2014; and
(3) Regular City Council Meeting of April 22, 2014.
Motion carried 5-0.
Council Meeting Minutes -2- May 13,2014
Item #1 PRESENTATION OF CERTIFICATES OF APPRECIATION TO MISS RICHFIELD
AMBASSADORS AND JUNIOR AMBASSADORS (COUNCIL MEMO NO. 52)
Council Member Sandahl presented the certificates.
Item #2 ANNUAL MEETING WITH THE ADVISORY BOARD OF HEALTH
Erin Rykken, Advisory Board of Health Co-chair, provided the annual report.
Item #3 PRESENTATION REGARDING NATIONAL PUBLIC WORKS WEEK
Mayor Goettel stated this presentation was postponed to the May 27, 2014 City Council
Meeting.
Item #4 COUNCIL DISCUSSION
• Fourth of July Parade Participation
• Hats Off to Hometown Hits
The City Council agreed to participate in the Fourth of July parade.
Council Member Garcia announced the following:
• September 21 Open Streets at Penn Fest
• May 15-17 Lakewinds job fair at the Eden Prairie office
• May 13 Unity in the Community at Veterans Park
• May 16-19 City-wide garage sale
• May 26 All Veterans Memorial ceremony at Veterans Park
• April 1-June 30 Commuter Challenge
Council Member Sandahl announced the Farmers' Market at Veterans Park and Lyndale
Gardens.
Council Member Elliott acknowledged the life-saving efforts by the Richfield Fire
Department at a recent incident at LA Fitness.
Council Member Sandahl announced that she is not seeking re-election to the City Council
in November.
Mayor Goettel discussed Edina's proposed project on Xerxes Avenue on the
Richfield/Edina border.
Item #5 COUNCIL APPROVAL OF AGENDA
Mayor Goettel moved Consent Calendar Item 6J to Item 7 for separate consideration.
M/Elliott, S/Garcia to approve the agenda, as amended.
Motion carried 5-0.
Council Meeting Minutes -3- May 13,2014
Item #6 CONSENT CALENDAR
A. Consideration of the approval of a resolution authorizing the Richfield Department of Public
Safety to accept grant monies from the U.S. Department of Justice, Office of Justice
Programs, the Justice Assistance Grant (JAG) Program S.R. No. 80
RESOLUTION NO. 10928
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO
ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR
$10,240 FROM THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR REPLACING
THE SQUAD CAR RIFLES CURRENTLY USED BY RICHFIELD POLICE DEPARTMENT
OFFICERS
This resolution appears as Resolution No. 10928.
B. Consideration of approval of a resolution authorizing the City Council to affirm the monetary
limits on municipal tort liability established by Minnesota Statutes 466.04 S.R. No. 81
RESOLUTION NO. 10929
RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY
MINNESOTA STATUTES 466.04
This resolution appears as Resolution No. 10929.
C. Consideration of the approval of a resolution authorizing a partnership agreement between
the City of Richfield and the Minnesota Department of Transportation for the
purchase/storage of salt until June 30, 2018 S.R. No. 82
RESOLUTION NO. 10930
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO
MN/DOT PARTNERSHIP AGREEMENT NO. 04565 WITH THE MINNESOTA
DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE/STORAGE OF
SALT UNTIL JUNE 30, 2018
This resolution appears as Resolution No. 10930.
D. Consideration of the approval of a resolution authorizing the partnership agreement with
the State of Minnesota Department of Transportation for the purchase of fuel until June 30,
2018 S.R. No. 83
RESOLUTION NO. 10931
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO Mn/DOT
PARTNERSHIP AGREEMENT NO 04963 WITH THE MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR PURCHASE OF FUEL UNTIL JUNE 30, 2018
This resolution appears as Resolution No. 10931.
E. Consideration of the approval of a work proposal from Short Elliott Hendrickson, Inc. for
engineering services to design the City's sanitary and water main utilities as part of the 66th
Street Reconstruction Project between 16th Avenue and Xerxes Avenue S.R. No. 84
F. Consideration of the approval of an agreement between Hennepin County and the City of
Richfield for funding of soccer goals and equipment in the amount of$7,500 S.R .No. 85
Council Meeting Minutes -4- May 13,2014
G. Consideration of the approval of an agreement between the City of Richfield and Sprint
Spectrum L.P. for a short term lease for use of Veterans Memorial Park as a temporary site
for a mobile communications facility during the 4th of July Celebration S.R. No. 86
H. Consideration of the approval of an agreement between the City of Richfield and the
Richfield Foundation for the Richfield Foundation to act as fiscal sponsor of donations
received for a community band shell S.R. No. 87
I. Consideration of the approval of an agreement between the City of Richfield and the
Richfield Foundation for the Richfield Foundation to act as fiscal sponsor of donations
received for Wood Lake Nature Center S.R. No. 88
J. Moved to Item 7.
K. Consideration of the approval of a resolution authorizing an amended Planned Unit
Development, Conditional Use Permit and Final Development Plan for Richfield-
Bloomington Honda S.R. No. 90
RESOLUTION NO. 10932
RESOLUTION APPROVING AN AMENDMENT TO THE 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
This resolution appears as Resolution No. 10932.
L. Consideration of the approval of Contract Change Order#2 for the Richfield Ice Arena—
2013 Locker Room Addition Project in the amount of$11,411 S.R. No. 91
M/Goettel, S/Elliott to approve the Consent Calendar, as amended.
Motion carried 5-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
Item 6J. Consideration of the approval of the first reading of an ordinance that will
remove/correct outdated terminology; clarify a number of definitions; allow home
occupations to operate within garages and accessory structures; correct and add
references; add parking requirements for two-family and cluster housing developments;
revise setbacks from Two-Family Residential (MR-1) properties; clarify language related
to drive-thru facilities in the Mixed Use Districts; and clarify screening and temporary
banner requirements S.R. No. 89
Community Development Director Stark presented Staff Report No. 89. He explained the
primary amendments are related to home occupations in accessory buildings/garages, screening,
and drive-up service in the Mixed Use Districts.
Mr. Stark explained staff is requesting City Council direction on the section of the code
related to drive-up service because the language could be read two ways. He continued that staff
recommended a proposed amendment that would permit drive-up service only if it was part of a
mixed-use development, unless a variance was granted.
Mr. Stark stated that the staff report for the second reading would include the identification
of existing uses that would be made legally non-conforming.
M/Goettel, S/Fitzhenry to approve first reading of an ordinance that will remove/correct
outdated terminology; clarify a number of definitions; allow home occupations to operate within
garages and accessory structures; correct and add references; add parking requirements for two-
family and cluster housing developments; revise setbacks from Two-Family Residential (MR-1)
Council Meeting Minutes -5- May 13,2014
properties; clarify language related to drive-thru facilities in the Mixed Use Districts; and clarify
screening and temporary banner requirements.
Motion carried 5-0.
Item #8 PUBLIC HEARING REGARDING A CONDITIONAL USE PERMIT AND
VARIANCES TO ALLOW CONSTRUCTION OF A 75-FOOT
TELECOMMUNICATION TOWER AND ACCESSORY STRUCTURE AT THE
RICHFIELD PUBLIC WORKS BUILDING, 1901 66TH STREET EAST S.R. NO. 92
Council Member Garcia presented Staff Report No. 92.
Rob Viera, Buell Consulting, was available for questions.
M/Elliott, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10933
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES
TO ALLOW CONSTRUCTION OF A 75-FOOT TELECOMMUNICATION TOWER AND
ACCESSORY STRUCTURE AT 1901 66TH STREET EAST
Motion carried 5-0. This resolution appears as Resolution No. 10933.
Item #9 CONSIDERATION OF THE CONSTRUCTION OF METROPOLITAN COUNCIL
LIVABLE COMMUNITIES TRANSIT-ORIENTED DEVELOPMENT GRANT-
RELATED IMPROVEMENTS AT LYNDALE GARDENS S.R. NO. 93
Mayor Goettel presented Staff Report No. 93.
Beth Pfeifer, Cornerstone Group, reviewed the proposed quasi-public improvements and
the construction site which benefits the public even though part of it is on private land. She stated
with Lakewinds Co-op opening soon, they are excited to have these improvements completed this
season.
Beth Reetz, Metropolitan Council Director, Housing and Livable Communities, explained
the Met Council grant timeframe which includes a maximum extension of five years as long as
there is progress toward the outcome. She added that it would be an unusual circumstance for the
Met Council to require a repayment of the grant because they realize these projects take time and
that cities are in good faith supporting the success of the project.
Council Member Elliott stated he would support negotiating a hold harmless indemnification
agreement to protect the City without delaying the project.
City Attorney Tietjen responded that she would need to review the agreement before
providing an opinion on a hold harmless agreement.
M/Goettel, S/Sandahl to approve the construction of Metropolitan Council Livable
Communities Transit-Oriented Development Grant related improvements at Lyndale Gardens.
Motion carried 4-0. (Elliott abstain)
Council Meeting Minutes -6- May 13,2014
Colleen Cary, Cornerstone Group, provided a project financing update.
Item #10 CITY MANAGER'S REPORT
City Manager Devich provided an update on the 77th Street Underpass project.
Item #11 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 05/13/14
NP Checks: 230692-231180 $ 1,684,704.96
Payroll: 100803-101438 $ 1,121,462.76
TOTAL $ 2,806,167.72
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:19 p.m.
Date Approved: May 27, 2014
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Cheryl K umholz _ _ - 7 n . Devi Nov
Executive Coordinator City anager