10-14-14 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
4i
6 ld Regular Meeting
ee g g
October 14, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
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; Jay
Henthorne, Acting Public Safety Director; Karen Barton, Assistant
Community Development Director; Chris Regis, Finance Manager; Chris
Link, Public Works Operations Superintendent; Melissa Poehlman, City
Planner; Mary Tietjen City Attorney; and Cheryl Krumholz, Executive
Coordinator.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Fitzhenry to approve the minutes of the (1) Special City Council Worksession
of September 23, 2014 and (2) Regular City Council Meeting of September 23, 2014.
Motion carried 5-0.
Item #1 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
Council Members Garcia and Sandahl acknowledged the success of the recent Richfield
Tribute to the Arts event.
Council Member Garcia announced the following upcoming events:
• Ribbon cutting ceremony at Savers at the HUB on October 17
Council Meeting Minutes -2- October 14,2014
• Half Haunted Halloween at Wood Lake Nature Center on October 18
• MN Magicians Face-off Against Breast Cancer on October 25
• Tip-a-Cop at Houlihan's on October 24
Operations Superintendent Link presented information on the snow plow notification
process.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry, S/Garcia to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. Consideration of the approval of the request by St. Nicholas Episcopal Church, 7227 Penn
Avenue, for a temporary on-sale intoxicating liquor license for their Fall Fiesta Auction on
November 1, 2014 S.R. No. 170
B. Consideration of the approval of the request by the Church of St. Richard, 7540 Penn
Avenue, for a temporary on-sale intoxicating liquor license for their Novemberfest event on
November 8-9, 2014 S.R. No 171
C. Consideration of the approval of the renewal of the contract with Chief's Towing, Inc. for
Public Safety towing services for December 1, 2014 through November 30, 2015 S.R. No.
172
D. Consideration of the approval of the resolutions approving the sale of portions of land at
6314-17th Avenue, 6320-17th Avenue and 6408-17th Avenue S.R. No. 173
RESOLUTION NO. 10976
RESOLUTION APPROVING SALE OF LAND LOCATED AT
6314 17th AVENUE SOUTH BY THE CITY OF RICHFIELD
This resolution appears as Resolution No. 10976.
RESOLUTION NO. 10977
RESOLUTION APPROVING SALE OF LAND LOCATED AT
6320 17th AVENUE SOUTH BY THE CITY OF RICHFIELD
This resolution appears as Resolution No. 10977.
RESOLUTION NO. 10978
RESOLUTION APPROVING SALE OF LAND LOCATED AT
6408 17th AVENUE SOUTH BY THE CITY OF RICHFIELD
This resolution appears as Resolution No. 10978.
E. Consideration of the approval of the 2014-2015 contract with the City of Bloomington using
federal grant funds to provide services in public health emergency
preparedness/bioterrorism and the development of a response system S.R. No. 174
M/Goettel, S/Elliott to approve the Consent Calendar.
Council Meeting Minutes -3- October 14,2014
Motion carried 5-0.
Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #5 PUBLIC HEARING REGARDING A RESOLUTION GRANTING A CONDITIONAL
USE PERMIT FOR A BUILDING ADDITION AND RESTAURANT EXPANSION
AND A VARIANCE FORA REDUCED PARKING SETBACK AT 7514 LYNDALE
AVENUE S.R. NO. 175
Council Member Garcia presented Staff Report No. 175.
Patti Sterbuck, property owner, was present for questions.
M/Fitzhenry, S/Goettel to close the public hearing.
Motion carried 5-0.
M/Garcia, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10979
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCE
FOR A TRADITIONAL (CLASS II) RESTAURANT AT 7514 LYNDALE AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 10979.
Item #6 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE
ESTABLISHING A SIX-MONTH MORATORIUM ON CONSIDERATION OF
MEDICAL MARIJUANA DISTRIBUTION FACILITIES AND A RESOLUTION
AUTHORIZING THE SUMMARY PUBLICATION OF THE ORDINANCE S.R. NO.
176
Council Member Fitzhenry presented Staff Report No. 176.
M/Sandahl, S/Elliott to close the public hearing.
Motion carried 5-0.
M/Fitzhenry, S/Goettel that this constitutes the second reading of Bill No. 2014-6, Transitory
Ordinance No. 18.94, establishing a six-month moratorium on consideration of marijuana
distribution facilities, 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. 10980
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
ESTABLISHING A SIX-MONTH MORATORIUM RELATED TO
MEDICAL MARIJUANA DISTRIBUTION FACILITIES
Council Meeting Minutes -4- October 14,2014
Motion carried 5-0. This resolution appears as Resolution No. 10980.
Item #7 PUBLIC HEARING REGARDING A RESOLUTION ADOPTING THE SPECIAL
ASSESSMENT ROLL FOR WEED ELIMINATION FROM PRIVATE PROPERTY
AND THE REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY
HAZARDS FROM PRIVATE PROPERTY S.R. NO. 177
Council Member Sandahl presented Staff Report No. 177.
M/Goettel, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10981
RESOLUTION ADOPTING ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF
PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY.
Council Member Elliott stated that there should be a discussion on how to require the
property owners at the time the work is done be responsible for payment of the assessment; not
the next buyer or owner. He requested the City Attorney review the establishment of an ordinance
that puts a lien on the property for payment of the assessment.
Finance Manager Regis explained the assessment process.
Motion carried 5-0. This resolution appears as Resolution No. 10981.
Item #8 PUBLIC HEARING REGARDING A RESOLUTION ADOPTING THE SPECIAL
ASSESSMENT ROLL FOR UNPAID FALSE ALARM USER FEES AGAINST
PRIVATE PROPERTY S.R. NO. 178
Council Member Elliott presented Staff Report No. 178.
M/Goettel, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Elliott, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10982
RESOLUTION ADOPTING ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY
Motion carried 5-0. This resolution appears as Resolution No. 10982.
Council Meeting Minutes -5- October 14,2014
Item #9 CONDUCT AND CONTINUE THE PUBLIC HEARING TO OCTOBER 28, 2014
REGARDING A RESOLUTION PROPOSING TO ASSESS COMMERCIAL
PROPERTIES IN THE 77TH STREET ASSESSMENT DISTRICT FOR COSTS
INCURRED TO MAINTAIN THE AREA FOR 2013 AND A RESOLUTION
PROPOSING A SIMILAR ASSESSMENT PROCESS TO BE IMPLEMENTED FOR
2015 S.R. NO. 179
Council Member Sandahl presented Staff Report No. 179.
M/Goettel; S/Sandahl to continue the public hearing to October 28, 2014.
Motion carried 5-0.
Item #10 PUBLIC HEARING REGARDING A RESOLUTION ADOPTING THE
ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE
PROPERTY FOR WORK ORDERED FROM JANUARY 1, 2013 THROUGH
DECEMBER 31, 2013 S.R. NO. 180
Mayor Goettel presented Staff Report No. 180.
Jim Fingerman, 6612 Vincent Avenue, stated he did not believe he should be accountable
for the cost of the assessment because he did not own the property at the time the tree was
removed.
Public Works Director Eastling explained the assessment process.
Council Member Elliott requested that 6612 Vincent Avenue be removed from the
assessment roll and be further reviewed.
M/Goettel, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Goettel; S/Elliott that the property at 6612 Vincent Avenue be removed from the
assessment roll and considered at the October 28, 2014 City Council meeting and that the
following amended resolution be adopted and that it be made part of these minutes:
RESOLUTION NO. 10983
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2013 TO DECEMBER 31, 2013
Motion carried 5-0. This resolution appears as Resolution No. 10983.
Item #11 PUBLIC HEARING REGARDING A RESOLUTION PROPOSING TO ASSESS
COMMERCIAL PROPERTIES IN THE LYNDALE/HUB/NICOLLET (LHN)
DISTRICT FOR COSTS INCURRED TO MAINTAIN THE AREA FOR 2013 AND A
RESOLUTION PROPOSING A SIMILAR ASSESSMENT PROCESS TO BE
IMPLEMENTED IN 2015 S.R. NO. 181
Council Meeting Minutes -6- October 14,2014
Council Member Fitzhenry presented Staff Report No. 181.
Dale Woodbeck, 6120 Lyndale Avenue, Lakewinds Co-op, requested this property be
removed from the district and not specially assessed because there is a maintenance agreement
with the City that provides for these services.
M/Goettel, S/Fitzhenry to close the public hearing.
Motion carried 5-0.
M/Fitzhenry, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10984
RESOLUTION ADOPTING ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1, 2013 THROUGH DECEMBER 31, 2013
This resolution appears as Resolution No. 10984.
RESOLUTION NO. 10985
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1, 2015 THROUGH DECEMBER 31, 2015
This resolution appears as Resolution No. 10985.
Motion carried 5-0.
Item #12 CONSIDERATION OF A RESOLUTION GRANTING EXTENSION OF LAND USE
APPROVALS AT 6330, 6400 AND 6440 LYNDALE AVENUE S.R. NO. 182
Council Member Garcia presented Staff Report No. 182.
Colleen Carey, Cornerstone Group President, explained the request for an extension,
including the investment components.
Council Member Elliott expressed support for the vision of the development but that he had
concerns regarding the ability for financing to complete the project. He added concerns about not
being provided with updates on the project.
Council Member Elliott stated he could support a six-month extension with the public
amenities and financing in place.
Ms. Carey discussed the status of the public amenities and the Metropolitan Council
amended grant agreement being reviewed. She stated Cornerstone is intent on providing what
was presented and promised.
Council Member Sandahl expressed support for the extension.
Mayor Goettel stated these developments take time and that she supported the extension.
Assistant Community Development Director Barton stated that Cornerstone made staff
aware of the amendment to the grant agreement approximately two months ago.
Council Meeting Minutes -7- October 14,2014
Council Member Fitzhenry supported the extension and requested monthly updates on the
project.
M/Garcia, S/Sandahl to approve a six-month extension, and authorize staff to provide an
additional six-month extension of Final Development Plans and the associated Conditional Use
Permit for the Lyndale Gardens Planned Unit Development at 6330, 6400 and 6440 Lyndale
Avenue, contingent upon substantial completion of the construction of the quasi-public
improvements and securing full project funding by June 10, 2015 and that the following resolution
be adopted and that it be made part of these minutes:
RESOLUTION NO. 10986
RESOLUTION GRANTING EXTENSION OF LAND USE APPROVALS
AT 6330, 6400 AND 6440 LYNDALE AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 10986.
Item #13 CITY MANAGER'S REPORT
City Manager Devich reported on a recent Xcel Energy Forum he attended.
Item #14 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 10/14/14
NP Checks: 234876-235386 $ 2,745,421.71
Payroll: 104704-105361 $ 1,139,380.98
TOTAL $ 3,884,802.69
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council open meeting was adjourned by unanimous consent at 8:26 p.m.
Date Approved: October 28, 2014.
1 / // 01/1
I a]l •ettel
4- or
} '
Cheryl K urn • . 'tee L. Devich
Executive Coordinator City Manager