09-09-14 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
gee/4461d Regular Meeting
September 9, 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; John Stark, Community Development
Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation
Services Director; Wayne Kewitsch, Fire Services Director; Chris Regis,
Finance Manager; Karen Barton, Assistant Community Development
Director; Melissa Poehlman, City Planner; Bob Vose, City Attorney; and
Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
Susan Rosenberg, 6633 Thomas Avenue, spoke about Garden Club activities.
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 August 26, 2014; and (2) Regular City Council Meeting of August 26, 2014.
Motion carried 5-0.
Item #1 PRESENTATION OF THE 2014 RICHFIELD IN BLOOM AWARD WINNERS
(COUNCIL MEMO NO. 86)
Mayor Goettel and Assistant Community Development Director Barton presented the
awards.
Council Meeting Minutes -2- September 9,2014
Item #2 PRESENTATION FROM FRED BABCOCK VFW POST 5555 (COUNCIL MEMO
NO. 88)
Len Gudmunson, former Commander, presented an overview of the VFW's programs,
including several scholarship programs.
Item #3 PRESENTATION REGARDING OPEN STREETS AT PENN FEST(COUNCIL
MEMO NO. 87)
Recreation Services Director Topitzhofer presented an overview of the upcoming event.
The Minnesota Magicians spoke about their continuing community involvement.
Item#4 COUNCIL DISCUSSION
• Hats-Off to Hometown Hits
Council Member Fitzhenry acknowledged a recent tree removal process.
Council Member Garcia acknowledged the efforts of the City Manager and City staff on the
budget preparation and presentation.
Item#5 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Fitzhenry to approve the agenda.
Motion carried 5-0.
Item#6 CONSENT CALENDAR
A. Consideration of the approval of the resolutions pertaining to the annual
Lyndale/HUB/Nicollet (LHN) maintenance assessment process and scheduling a public
hearing for October 14, 2014 S.R. No. 146
RESOLUTION NO. 10955
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION
OF PRO OR TDHE PERIOD JANUARY 1, 2013 2013 ROUGH DECEMBER 31A MAINTENANCE
013
This resolution appears as Resolution No. 10955.
RESOLUTION NO. 10956
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT
SERVICES THE PERIOD JANUARY 1, 2015 THROUGH ODECEMBER 311,,O015TAREA
FOR
resolution appears as Resolution No. 10956.
Council Meeting Minutes -3- September 9,2014
B. Consideration of the approval of the resolutions pertaining to the annual 77th Street
maintenance district assessment process and scheduling a public hearing for October 14,
2014 S.R. No. 147
RESOLUTION NO. 10957
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION
OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE
FOR THE PERIOD JANUARY 1, 2013 THROUGH DECEMBER 31, 2013
This resolution appears as Resolution No. 10957.
RESOLUTION NO. 10958
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT
SERVICES PROVIDED JANUARY 1,N 201H5 THROUGH DECEMBER 31, 201 FOR THE PERIOD
5
This resolution appears as Resolution No. 10958.
C. Consideration of the-approval of the resolution declaring the costs to be assessed for the
removal of diseased trees from private property for work ordered in 2013 and scheduling a
public hearing for October 14, 2014 S.R. No. 148
RESOLUTION NO. 10959
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION
OF PROPOSED
OPERTY FOR THE PERIOD O JANUARYY 1,D 220 3 TO DECEMBER 0 PRIVATE
P 31, 2013
This resolution appears as Resolution No. 10959.
D. Consideration of the approval of a resolution declaring costs to be assessed and ordering
the preparation of the proposed assessment roll for weed elimination from private property
and removal or elimination of public health or safety'hazards from private property and
setting the public hearing for October 14, 2014 S.R. No. 149
RESOLUTION NO. 10960
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION
OF PROPOSED ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY
AND REMOVAL OR ELIMINATION O
PRIVATE PROPERTY OR SAFETY HAZARDS FROM
This resolution appears as Resolution No. 10960.
E. Consideration of the approval of a resolution declaring costs to be assessed and ordering
preparation of the proposed assessment roll for unpaid false alarm user fees against private
property and setting the public hearing for October 14, 2014 S.R. No. 150
RESOLUTION NO. 10961
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION
OF PROPOSED ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY
This resolution appears as Resolution No. 10961.
Council Meeting Minutes -4- September 9,2014
F. Consideration of the approval of the purchase of a Fire Pumper Chassis for$181,681 in
2014 and a Fire Pumper Body for$244,613 in 2015, totaling $426,294, from Roesenbauer
Firefighting Technology S.R. No. 151
G. of Consideration of the Health for air monitoring equipment located at the Richfield tWa Water Minnesota
tmentDFacility S R.
No. 152
M/Goettel, S/Fitzhenry to approve the Consent Calendar.
Motion carried 5-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #8 PUBLIC HEARING TO CONSIDER A RESOLUTION AUTHORIZING THE
REPROGRAMMING OF FUNDS FOR THE 2013 AND 2014 URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FROM
THE PENN AVENUE FACADE PROGRAM TO THE PENN AVENUE
STREETSCAPE IMPROVEMENTS S.R. NO. 153
Council Member Sandahl presented Staff Report No. 153.
Assistant Community Development Director Barton explained the change was due to
federal regulations in administering the program.
M/Fitzhenry, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10962
RESOLUTION REPROGRAMMING 2013 AND 2014 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING
EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY
REQUIRED THIRD PARTY AGREEMENTS
Motion carried 5-0. This resolution appears as Resolution No. 10962.
Item#9 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE
AMENDING SUBSECTION 547.05, SUBDIVISION 4, AND SUBSECTION 547.11
RELATED TO THE CONSIDERATION OF VARIANCE APPLICATIONS AND A
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF THE ORDINANCE
S.R. NO. 154
Council Member Fitzhenry presented Staff Report No. 154.
M/Fitzhenry, S/Goettel that this constitutes the second reading of Bill No. 2014-5, amending
Subsection 547.05, Subdivision 4 and Subsection 547.11 related to the consideration of variance
Council Meeting Minutes -5- September 9,2014
applications, 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. 10968
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
AMENDING APPENDIX B (ZONING) OF THE RICHFIELD CITY CODE
Motion carried 5-0. This resolution appears as Resolution No. 10968.
Item #10 CONSIDERATION OF A RESOLUTION GRANTING A CONDITIONAL USE
PERMIT AND VARIANCES FOR A 22.6-FOOT FRONT BUILDING SETBACK
AND A 6-STALL PARKING REQUIREMENT REDUCTION IN ORDER TO
ALLOW A BUILDING ADDITION AT 6736 PENN AVENUE S.R. NO. 155
Council Member Garcia presented Staff Report No. 155.
Council Member Garcia stated that normally she would not support this resolution but Penn
Avenue is unique with business constraints. The proposed addition does not include an increase in
seating capacity. She questioned if City staff has encouraged the applicant to seek employee
parking in another area to allow customer parking.
City Planner Poehlman responded that the applicant was provided with additional contacts
in the area but is not aware if those contacts have been made.
M/Garcia, S/Elliott that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10963
RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT
AND SETBACK AND PARKING VARIANCES FOR A BUILDING ADDITION AT
6736 PENN AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 10963.
Item #11 CONSIDERATION OF A PROCESS TO AMEND THE ZONING ORDINANCE
PERTAINING TO THE REGULATION OF ODOR EMISSIONS S.R. NO. 156
Council Member Elliott presented Staff Report No. 156.
M/ Elliott, S/Goettel to approve a process to amend the Zoning Ordinance pertaining to the
regulation of odor emissions.
Council Member Elliott stated he appreciated the work City staff has done on this issue.
Council Member Garcia stated she did not support a change in the process because it is a
fairness issue since other businesses work well with staff and acknowledge the City's ordinances.
She discussed working with Congressman Ellison to establish Penn Avenue as an Enterprise Zone
as an investment in the development potential.
Council Member Fitzhenry expressed support for a change in the process because there
should be flexibility.
Mayor Goettel stated concern about the fairness to businesses and that she did not support
the proposed language in Part B as it is written.
Council Meeting Minutes -6- September 9,2014
Council Member Sandahl questioned how the language as proposed would apply to the
Fireside odor control issue.
Community Development Director Stark explained the existing language is open to
interpretation. He stated that since the Fireside addition is new, it could be built to accommodate
odor control if there were complaints.
Council Member Elliott stated that staff has two weeks to prepare the process with the
proposed language.
Council Member Sandahl said she supported a change in the process because the
proposed language would hopefully improve the interpretation.
Community Development Director Stark explained the review process to amend the Zoning
Ordinance.
Motion carried 3-2. (Goettel and Garcia oppose).
Item #12 CONTROL REQUIREMENTSOFOR 6736 PENN TAVENUE S.R.APPEAL ODOR
Council Member Elliott presented Staff Report No. 157.
M/Elliott, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10964
RESOLUTION APPROVING AN APPEAL OF ODOR CONTROL REQUIREMENTS
FOR 6736 PENN AVENUE
Mayor Goettel stated shewould support the resolution if No. 2 is removed.
Community Development Director Stark clarified the odor control remedy options.
A commercial air design;representative stated the Fireside menu is not being changed to
create an odor issue and there are_no existing complaints.
Council Member Elliott asked the commercial air design representative if the Fireside
building can be designed to accommodate the installation of odor control equipment if complaints
are received.
The commercial air design-representative answered yes, that could be done.
Mayor Goettel made a friendly amendment to the original motion to remove No. 2 from the
resolution.
Council Member Elliott accepted the amendment.
M/Goettel, S/Elliott to amend the resolution by removing No. 2.
Original motion carried 5-0.
Motion on friendly amendment to the resolution carried 5-0. This resolution appears as
Resolution No. 10964.
Council Meeting Minutes -7- September 9,2014
Item #13 CONSIDERATION OF A RENTAL AGREEMENT BETWEEN THE CITY OF
RICHFIELD AND THE MINNESOTA MAGICIANS FOR THE USE OF THE
NEWLY CONSTRUCTED ICE ARENA LOCKER ROOM S.R. NO. 158
Council Member Garcia presented Staff Report No. 158.
M/Garcia, S/Goettel to approve the rental agreement between the City of Richfield and the
Minnesota Magicians for the use of the newly constructed Ice Arena locker room.
Motion carried 5-0.
Item #14 CONSIDERATION OF THE 2014 REVISED/2015 PROPOSED BUDGET
RESOLUTIONS ADOPTING THE 2015 PRELIMINARY PROPERTY TAX LEVY,
SETTING THE TRUTH IN TAXATION HEARING DATE, AUTHORIZING BUDGET
REVISIONS, AND AUTHORIZING REVISION OF THE 2014 BUDGET OF
VARIOUS DEPARTMENTS S.R. NO. 159
`
Mayor Goettel presented Staff Report No. 159.
Mayor Goettel stated the preliminary gross tax levy is a 1.53% increase and the Truth-in-
Taxation hearing is scheduled on December 2, 2014 at 6 p.m.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
- RESOLUTION NO. 10965
RESOLUTION.ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2015
RESOLUTION NO. 10966
RESOLUTION AUTHORIZING BUDGET REVISIONS
RESOLUTION NO. 10967
RESOLUTION AUTHORIZING REVISION OF 2014 BUDGET OF VARIOUS
DEPARTMENTS
Motion carried 5-0. These resolutions appear as Resolution Nos. 10965-10967.
Item#15 CITY MANAGER'S REPORT
None.
1 .
Item #16 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Elliott that the following claims and payrolls be approved:
Council Meeting Minutes -8- September 9,2014
U.S. Bank 09/09/14
A/P Checks: 234026-234391 $ 1,234,161.30
Payroll: 103990-104362; 42182-42239 $ 609,320.00
TOTAL $ 1,843,481.30
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
•
The City Council meeting was adjourned by unanimous consent at 8:35 p.m.
Date Approved: September 23, 2014
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