04-22-08 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 22, 2008
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:04 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Susan Rosenberg; Fred Wroge; Bill Kilian; and
Sue Sandahl.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Interim Community Development Director; Barry Fritz, Acting
Public Safety Director; Jim Topitzhofer, Recreation Services Director;
Karen Barton, Community Development Manager; Corrine Heine, City
Attorney; and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
Tom Rublein, 2016 West 64th Street, Penn Crossings Neighborhood Advisory Committee
member, discussed a committee, not staff, suggestion to have the City Council consider a one year
moratorium on building expansion or new construction/development or other land use changes
while studying and planning improvements to the intersection on 66th Street and Penn Avenue.
Sharon Anderson, 6544 5th Avenue, addressed the City Council regarding the lack of
notification by the City regarding her property’s impact from the 66th Street and Portland Avenue
roundabout construction. She requested the City Council consider establishing an ordinance
requiring a property owner’s signature to acknowledge the notification when their property is to be
impacted by a project.
Lynda Simon, 7321 Morgan Avenue, Robert Hall, 7309 Oliver Avenue, and Beth Novaczyk,
7334 Oliver Avenue, addressed the City Council regarding their concerns of the noise from the
pool air-handler unit at the Richfield Middle School, including a request for additional noise level
sampling and the lack of enforcement of the noise ordinance.
Council Meeting Minutes -2- April 22, 2008
Michael Schwartz and Rus George, Richfield School District representatives, discussed the
school’s efforts in reducing the noise from the pool air-handler unit in its current rooftop location
and relocation costs if it were moved to a cement pad. Mr. Schwartz stated the air-handler unit
does meet code requirements.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Kilian, S/Sandahl to approve the minutes of (1) Special City Council Meeting of March
24, 2008; (2) Special City Council Worksession of April 8, 2008; and (3) Regular City Council
Meeting of April 8, 2008.
Motion carried 5-0.
Item #1 PRESENTATION BY RICHFIELD YOUTH ACTION CREW (COUNCIL MEMO
NO. 64)
Denise Reese, Bloomington Public Health, and members of the Richfield Youth Action
Crew, provided information on the partnership involving Richfield youth and adult leadership from
Bloomington Public Health, Hennepin County Storefront Group, Cornerstone, Richfield High
School and Middle School, and the Center for Training and Careers.
Item #2 PRESENTATION OF PROCLAMATION DESIGNATING MAY 21, 2008 AS
OPTIMIST DAY IN RICHFIELD
Council Member Sandahl presented to members of the Optimists Club, the proclamation
designating May 21, 2008 as Optimist Day in Richfield.
Item #3 PRESENTATION OF PROCLAMATION DESIGNATING EARTH DAY/ARBOR
DAY IN RICHFIELD
Mayor Goettel presented to Recreation Services Director Topitzhofer, the proclamation
designating Earth Day/Arbor Day in Richfield.
Council Meeting Minutes -3- April 22, 2008
Item #4 COUNCIL DISCUSSION
?
HATS OFF TO HOMETOWN HITS
Council Member Kilian stated the City is addressing property maintenance issues but it
does take time due to increased rental and foreclosed homes.
Council Member Sandahl discussed the Senior Citizen Property Tax Deferral Program
offered by the Minnesota Department of Revenue.
Mayor Goettel distributed pictures of a rental property maintenance repair that she believes
the City finds unacceptable.
City Manager Devich stated staff has been working with the City prosecutor for several
months on this property.
Acting Public Safety Director Fritz stated the property is in compliance except for an issue
with the pool.
Council Member Wroge discussed various issues with the property including the pool;
possible questionable activity because security cameras are around the home; not being registered
as rental property; and the fence height as a code violation.
City Manager Devich responded that all issues and their enforcement difficulties are being
reviewed. There is a security fence around the property and if the gate is locked, City staff has no
authority to enter without permission.
Mayor Goettel stated there needs to be a way to make the City’s property maintenance
standards clear.
Council Member Wroge said a common sense approach would be to ask the owner if
they’re living there and then have them prove it. He also suggested significantly increasing rental
licensing fees.
Council Member Kilian added that if the issues cannot be resolved, the City Council needs
to address enforcement and establish a faster process.
Council Member Rosenberg stated that she agreed with whatever it took to address rental
property maintenance issues.
Council Member Rosenberg announced the recently established City staff “Green Team”.
Council Member Rosenberg announced the Richfield Beautiful Home and Garden Tour is
June 21, 2008.
Council Member Rosenberg asked about continuing the discussion that began at the Open
Forum regarding the Richfield Middle School air-handler unit noise issues.
City Manager Devich explained that this is a complicated issue because the noise decibel
level in the City’s ordinance does not comply with Minnesota Pollution Control Agency standards.
Mayor Goettel stated that City Manager Devich would discuss this issue during the City
Manager Report section later on the agenda.
Council Meeting Minutes -4- April 22, 2008
Item #5 COUNCIL APPROVAL OF AGENDA
Mayor Goettel requested that Item #6B be removed from the Consent Calendar and be
considered separately as Item #7.
M/Kilian, S/Wroge to approve the agenda as amended.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
A. Consideration of approval of resolution authorizing purchase of property at 7316 Clinton
Avenue; first reading of transitory ordinance authorizing sale of property to HRA for
affordable home development; and scheduling public hearing and second reading for May
27, 2008 S.R. No. 101
RESOLUTION NO. 10087
RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY
LOCATED AT 7316 CLINTON AVENUE
This resolution appears as Resolution No. 10087.
B. Removed from the Consent Calendar and placed on the regular agenda for consideration
as Item #7.
C. Consideration of approval of resolution authorizing Public Safety Department acceptance of
grant funds from State of Minnesota, Office of Justice Programs, for Richfield’s participation
in joint powers agreement and participation in Metro Gang Strike Force initiative S.R. No.
103
RESOLUTION NO. 10088
RESOLUTION AUTHORIZING PUBLIC SAFETY DEPARTMENT
ACCEPTANCE OF GRANT FUNDS FROM THE STATE OF
MINNESOTA, OFFICE OF JUSTICE PROGRAMS, FOR
RICHFIELD’S PARTICIPATION IN A JOINT POWERS AGREEMENT
AND PARTICIPATION IN THE METRO GANG STRIKE FORCE
INITIATIVE
This resolution appears as Resolution No. 10088.
D. Consideration of approval of authorizing Safety Grant agreement between City of Richfield
and Minnesota Department of Labor & Industry for $5,000 used in purchasing of confined
space retrieval equipment – 4 piece Davit hoist system S.R. No. 104
E. Consideration of approval of resolution authorizing City of Richfield to submit non-
motorized transportation pilot program grant applications to Transit for Livable Communities
S.R. No. 105
Council Meeting Minutes -5- April 22, 2008
RESOLUTION NO. 10089
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO
SUBMIT NON-MOTORIZED TRANSPORTATION PILOT PROGRAM
GRANT APPLICATIONS TO TRANSIT FOR LIVABLE
COMMUNITIES
This resolution appears as Resolution No. 10089.
F. Consideration of approval of contract to Alternative Business Furniture for system furniture
for new maintenance facility in amount of $30,826.00 and change order to Master
Mechanical, Inc. to install HVAC in two elevator rooms in amount of $32,781.58 S.R. No.
106
G. Consideration of approval of contract to Clearwater Recreation, LLC. for purchase and
installation of play equipment at Richfield Lake Park in amount of $55,000 S.R. No. 107
H. Consideration of approval of purchase of equipment, software and services for voice-over
IP phone system for new public works facility in amount of $78,626.15 S.R. No. 108
M/Kilian, S/Rosenberg to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
City Attorney Heine presented Staff Report No. 102, former Consent Calendar Item #6B.
Consideration of approval of payments to City of Bloomington for partial
acquisitions of Home Depot and Forklifts of Minnesota properties as part of Lyndale
Avenue bridge project.
City Attorney Heine stated Forklifts of Minnesota had not reached an agreement, only
Home Depot.
M/Goettel, S/Kilian to approve payment to City of Bloomington for partial acquisition of
Home Depot property as part of Lyndale Avenue bridge project.
Motion carried 5-0.
Item #8 PUBLIC HEARING REGARDING ISSUANCE OF NEW ON-SALE WINE AND 3.2
PERCENT MALT LIQUOR LICENSES, WITH OPTIONAL 2 A.M. CLOSING FOR
ARIBEL’S 1120 EAST 66TH STREET (CONTINUED FROM APRIL 8, 2008)
S.R. NO. 109
Mayor Goettel presented Staff Report No. 109.
Mayor Goettel asked about the cooperative manner of the applicant.
Council Meeting Minutes -6- April 22, 2008
Acting Public Safety Director Fritz responded that the applicant has been generally
cooperative but not as forthcoming as staff would have liked.
City Manager Devich stated the Public Safety Department requested, on three occasions,
the property owner’s phone number and the applicant was not forthcoming; however, the
information was eventually received.
City Attorney Heine explained there is no additional information available on the foreclosure
of the property except that the redemption period expires in July.
Marilyn Machacek, 6529 11th Avenue, and Bill Owen, 6535 11th Avenue, spoke against
issuing the license because of noise nuisances at night and on the weekends.
Chetranee Jwalapersad Seepersaud, applicant, stated the restaurant is mainly daytime
takeout and they close at 12 a.m. They are aware of the noise complaints from the music so they
have decided to no longer have group parties or loud music. She continued that there is no
alcohol served during the day with most business being in the evening and on the weekends.
Mayor Goettel asked Ms. Seepersaud about not being forthcoming regarding the second
violation of the state liquor law.
Ms. Seepersaud explained the beer was not purchased for resale and the State told her
that customers could bring in their own beer and wine.
City Attorney Heine stated she would need to review the statute to determine if an on-sale
liquor license gives the right to allow consumption and display. She added that Aribel’s did have a
liquor license in December 2007 but could not purchase for sale.
Ms. Seepersaud explained she was only asked once for the property owner’s phone
number and was away for the other calls. The owner lives in Connecticut.
Council Member Sandahl asked Ms. Seepersaud about the property’s foreclosure.
Ms. Seepersaud said she is in the process of buying the property.
M/Wroge, S/Rosenberg to close public hearing.
Motion carried 5-0.
Mayor Goettel stated there appears to be a conflict with the noise perspective.
Acting Public Safety Director Fritz explained that the police calls are in the evening and now
Aribel’s is requesting the ability to stay open until 2 a.m.
Council Member Kilian asked about the impact of take out food and liquor/food sales ratio.
City Attorney Heine explained State law, as well as the City ordinance, allows issuance of a
license to a restaurant if it qualifies based upon the seating requirements needed for meals served
regularly on the premises. If all food is take-out and liquor is served, the restaurant qualification
may not be met. The City ordinance does not distinguish the food versus liquor ratio for take-out.
Council Member Kilian stated if 80% of the food is take-out, the business is a bar not a
restaurant.
Council Meeting Minutes -7- April 22, 2008
Council Member Wroge stated that having a liquor license in Richfield is a privilege not a
right. He said his main concern is what is really going on at the business because considering
expenses like food, insurance, liquor, taxes, utilities, etc., it appears a profit is not being made.
Council Member Wroge said he did not support issuing a license because Aribel’s has
abused the privilege and has done a disservice to the neighborhood.
Mayor Goettel agreed and said she did not support the license because many restaurants
are doing the right thing and are cooperative and a precedent should not be set.
Council Member Kilian agreed that he did not support the license because the limit on
second chances has been reached.
Council Member Rosenberg agreed to not support the license because Aribel’s has not
demonstrated good business behavior in Richfield and expectations have not been met. She
added her appreciation for the neighborhood feedback.
Council Member Sandahl questioned the police calls for service as stated in the Staff
Report.
Acting Public Safety Director Fritz explained extra patrols were requested and reported but
that did not necessarily indicate there was a problem.
M/Goettel, S/Kilian to direct staff to prepare a resolution with findings to deny the issuance
of new on-sale wine and 3.2 percent malt liquor licenses with option 2 a.m. closing for Aribel’s,
1120 E 66th St, for City Council consideration on May 13, 2008.
Motion carried 5-0.
Item #9 CONSIDERATION OF SECOND READING OF ORDINANCE RELATING TO SALE
OF INTOXICATING LIQUOR BY HOTELS, ON-SALE WINE LICENSES AND
COMBINATION LICENSES AND AMENDING SUBSECTIONS 1202.01, 1202.05,
1202.07, AND 1202.21 OF THE RICHFIELD CITY CODE AND RESOLUTION
AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE S.R. NO. 110
Council Member Wroge presented Staff Report No. 110.
M/Wroge, S/Kilian that this constitutes the second reading of Bill No. 2008-8 to approve an
ordinance relating to sale of intoxicating liquor by hotels, on-sale wine licenses and combination
licenses and amending subsections 1202.01, 1202.05, 1202.07, and 1202.21 of the Richfield City
Code, 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. 10090
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2008-8
Motion carried 5-0. This resolution appears as Resolution No. 10090.
Council Meeting Minutes -8- April 22, 2008
Item #10 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING CITY
ADMINISTRATIVE CODE CHAPTER 3, SUBSECTION 310.13, DESCRIBING
APPOINTMENT AND PLACEMENT OF RELATIVES S.R. NO. 111
Council Member Kilian presented Staff Report No. 111.
M/Kilian, S/Wroge that this constitutes the second reading of Bill No. 2008-9 to approve an
ordinance amending City Administrative Code Chapter 3, Subsection 310.13, describing
appointment and placement of relatives, that it be published in the official newspaper and that it be
made part of these minutes.
Motion carried 5-0.
Item #11 CONSIDERATION OF CONTINUATION OF GAS AND ELECTRIC FRANCHISE
FEES TO PROVIDE FUNDS FOR CITY’S STREET MAINTENANCE AND
FORESTRY PROGRAMS S.R. NO. 112
Council Member Rosenberg presented Staff Report No. 112.
M/Rosenberg, S/Sandahl to approve continuation of gas and electric franchise fees to
provide funds for City’s street maintenance and forestry programs.
Council Member Sandahl asked about the impact of increased road construction costs and
gas tax on the services paid from franchise fees.
Public Works Director Eastling explained the current market in road construction contracts is
good and in the short term, increased gas costs are covered.
Council Member Kilian asked about the replacement trees provided in the forestry portion of
the franchise fees.
Public Works Director Eastling explained that, historically, the City has been able to keep
pace and meet the supply for boulevard trees. However, due to increased Dutch elm disease this
year, it may become difficult.
Council Member Sandahl discussed the Minneapolis program where residents can buy trees
from the City. She requested the City consider such a program that could be funded by franchise
fees.
City Manager Devich stated staff is reviewing instituting a pilot program to work within the
forestry funds available now.
Council Member Wroge stated he did not support franchise fees because residents
shouldn’t pay sales tax on street maintenance and forestry but rather it should be included in the
general levy.
Larry Wozniczka, 6744 Wentworth Avenue, requested the continuation of franchise fees be
considered for the 2009 budget because he believes these street maintenance and forestry
services to be more costly for residents as a fee than on property taxes.
Council Meeting Minutes -9- April 22, 2008
City Attorney Heine stated the City Council is not prohibited from considering terminating or
decreasing franchise fees.
Council Member Sandahl noted that some properties that do not pay real estate taxes, do
pay franchise fees.
Motion carried 4-1. (Wroge opposed)
Item #12 CITY MANAGER’S REPORT
City Manager Devich stated a joint City Council/School Board Worksession will be held on
July 14, 2008 at the school district administrative offices.
City Manager Devich requested clarification regarding the public input process on the
proposed recreational vehicle storage in residential areas ordinance.
The City Council consensus was to have an open house type format similar to the proposed
new City Hall open houses, including display boards of storage alternatives, ordinance options from
strict to lenient, and an opportunity to provide written comments. The City Council agreed the open
houses should be on a weeknight and a Saturday morning.
City Manager Devich reported the proposed new City Hall open houses are May 1 and 3,
2008.
City Manager Devich discussed the recent television report on the issue related to the noise
from the pool air-handling unit at Richfield Middle School. He expressed his concern that some
people viewed the City’s response to one resident’s complaint as punitive. The issue of noise is
more complicated than people appreciate.
City Manager Devich continued that the City was already reviewing the disparity between
the City’s noise ordinance standards and the Minnesota Pollution Control Agency’s standards
before the City became aware of the air-handler complaints.
City Attorney Heine discussed the complexity of enforcing noise standards. She quoted
Minnesota Statute §116.07 in part: “No local governing unit shall set standards describing the
maximum levels of sound pressure which are more stringent than those set by the Pollution Control
Agency”.
City Attorney Heine discussed the factors of ambient noise and that the City of Bloomington
took two noise readings that were not in violation.
Mayor Goettel stated the State must comply with federal standards but can be stricter so
she questioned the ability of Richfield being stricter than State standards.
City Attorney Heine explained there was a misunderstanding of the standards. She
discussed her conversation with the Minnesota Pollution Control Agency indicating their rules for
control noise standards.
Council Member Wroge discussed the school’s comments of “not having to do anything” as
bad public comment. The noise is affecting the neighborhood. He added the perception is the
rules are being changed.
Council Meeting Minutes -10- April 22, 2008
City Attorney Heine stated the noise measurements at the school were subjective
determinations made based upon one complaint. Now more complaints have been received so the
City will need to investigate further.
City Attorney Heine stated that in her personal opinion City staff have done the best they
could with the initial reading and was not sloppy, uncaring, or punitive in their actions. Some
residents made incorrect assumptions.
Mayor Goettel said that in light of the testimony received and conversations with the school
board, the school board appears cooperative in resolving this issue.
Mayor Goettel stated she had conversations with Steve Orfield, Orfield Labs, regarding this
noise issue and he may have some advice on quietude. Richfield has density that is not in other
communities.
Council Member Sandahl said that it appears Richfield does not have an enforceable noise
ordinance at this point. She added that different people have different perceptions of noise.
City Manager Devich explained the City ordinance should match the Minnesota Pollution
Control Agency’s noise standards so an enforceable ordinance is in place. Also, the City and
school board should work together to reach a resolution to the noise from Richfield Middle School.
City Manager Devich added that if the City Council wishes a more definitive measure on the
noise level, it would be costly.
Mayor Goettel stated that should not be done in this instance. If people see mitigative
measures, they will be satisfied.
Council Member Sandahl added that there is encouragement that the school has already
made some adjustments.
Public Works Director Eastling reported the closing of the American Boulevard and 76th
Street bridges at the same time for about a week. Staff attempted to delay the 76th Street closure
but MnDOT responded that they could not responsibly do a delay.
Item #13 CLAIMS AND PAYROLL
M/Rosenberg, S/Wroge that the following claims and payrolls be approved:
U.S. BANK 04-22-08
A/P Checks: 167644 – 168013 $ 2,353,641.86
PAYROLL 48107 – 48432, 41340 - 41342 $ 475,525.56
TOTAL $ 2,829,167.42
Motion carried 5-0.
Council Meeting Minutes -11- April 22, 2008
The City Council meeting was adjourned '
Date Approved: May 13, 2008
C.
Cheryl Krumholz
Recording Secretary
City Manager
CITY OF RICHFIELD, MINNESOTA
Bid Opening
April 14, 2008
2:00 p.m.
2008 Maintenance Facility Furnishings
Bid No. 08-04
Pursuant to requirements of Resolution No. 1015, 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 Maintenance Facility Furnishings, as
advertised in the official newspaper orr April 3, 2008.
Present: Nancy Gibbs, City Clerk
Cheryl Krumholz, City Manager Representative
Randy Hughes, Operations Superintendent
The following bids were submitted and read aloud:
Bidder Bid Bond Addenda System Table Chair
(Not required) 1 & 2 Furniture
Alternative Business
Furniture, Inc. N/A ~/ $30,826.00 $8,649.00 $10,870.00
Eden Prairie, MN
General Office Products N/A ~/ $43,460.27 $17,232.70 $14,184.57
St. Louis Park, MN
Henricksen PSG (Public
Sector Group) N/A ~/ $41,370.57 $14,515.51 $12,520.80
Minneapolis, MN
Intereum N/A d $36,647.00 $12,793.00 $14,707.00
Plymouth, MN
Marco Workplace Interiors ~ ~ $48,930.68 $13,277.39 $16,059.09
St. Cloud, MN
The City Clerk announced that the bids would be tabulated and considered at the
April 22, 2008 City Council Meeting.
Nancy Gibbs City Clerk