05-13-08 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
May 13, 2008
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 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; Brad Sveum, Fire Services Director; Chris Regis,
Finance Manager; Pam Dmytrenko, Assistant to City Manager; Tom Foley,
Transportation Engineer; Corrine Heine, City Attorney; and Cheryl
Krumholz, Recording Secretary.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Kilian, S/Wroge to approve the minutes of (1) Special City Council Worksession of April
22, 2008 and (2) Regular City Council Meeting of April 22, 2008.
Council Meeting Minutes -2- May 13, 2008
Motion carried 5-0.
Item #1 RECOGNITION OF RICHFIELD CENTENNIAL BABIES
Council Member Rosenberg presented the Centennial Babies with gifts provided by
Richfield Bloomington Credit Union (RBCU) and Babies’R’Us.
Item #2 PRESENTATION OF CERTIFICATES OF APPRECIATION TO MISS
RICHFIELD AMBASSADORS AND JUNIOR AMBASSADORS (COUNCIL
MEMO NO. 77)
Mayor Goettel presented certificates of appreciation to Miss Richfield Ambassadors and
Junior Ambassadors.
Item #3 PRESENTATION OF PROCLAMATION DESIGNATING MAY 25-31, 2008 AS
SALUTE TO SMALL BUSINESS WEEK IN RICHFIELD
Council Member Wroge presented to Richfield Chamber of Commerce representatives, a
proclamation designating May 25-31, 2008 as Salute to Small Business Week in Richfield.
Item #4 ANNUAL MEETING WITH TRANSPORTATION COMMISSION
Martin Kirsch, Transportation Commission Chair, 6725 Penn Avenue, provided a report on
the Commission’s activities and goals.
Item #5 PRESENTATION REGARDING PUBLIC WORKS WEEK AND NEW
MAINTENANCE FACILITY OPEN HOUSE
Public Works Director Eastling announced the June 21, 2008 new maintenance facility
open house.
Public Works Director Eastling discussed the impacts of Dutch Elm disease on private and
boulevard trees during 1979-2007.
Council Meeting Minutes -3- May 13, 2008
COUNCIL DISCUSSION
Item #6
?
PARTICIPATION IN FOURTH OF JULY PARADE
?
HATS OFF TO HOMETOWN HITS
The City Council consensus was to participate in the July 4 parade.
Council Member Sandahl acknowledged the Centennial displays prepared by Florence
Simon, League of Women Voters member.
Mayor Goettel reported on the recent Senior Volunteer Appreciation luncheon.
Mayor Goettel reported on the recent book signing at the Historical Society by Frederick
Johnson, author of the history book, Richfield: Minnesota’s Oldest Suburb.
Council Member Wroge announced the open houses on May 14 and May 17 regarding the
City Council considering new rules for the parking and storage of recreation vehicles.
Council Member Rosenberg announced the June 21 Richfield Beautiful Home and Garden
Tour. The maintenance garage with its rain garden is one of several featured sites.
Item #7 COUNCIL APPROVAL OF AGENDA
Mayor Goettel requested that Item #8A be removed from the Consent Calendar and be
considered separately as Item #9.
M/Wroge, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Item #8 CONSENT CALENDAR
A. Removed from the Consent Calendar and placed on the regular agenda for consideration
as Item #9.
B. Consideration of approval of first reading of ordinance incorporating 2004 Minneapolis-St.
Paul International Airport zoning ordinance requirements; amending Richfield City Code
Subsections 512.01, Subd. 1 and 512.03; amending Richfield City Code by adding new
Subsection 512.13; and amending Appendix 1 of Richfield City Code by adding new
Section 18 S.R. No. 114
C. Consideration of approval of first reading of ordinance amendment establishing regulations
for storage of oversize vehicles in residential districts and scheduling second reading for
May 27, 2008 S.R. No. 115
D. Consideration of approval of resolution authorizing City Council not to waive monetary
limits on statutory municipality tort liability as established by Minnesota Statute 466.04 S.R.
No. 116
RESOLUTION NO. 10091
Council Meeting Minutes -4- May 13, 2008
RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS
ESTABLISHED BY MINNESOTA STATUTES 466.04
This resolution appears as Resolution No. 10091.
E. Consideration of approval of resolution authorizing Department of Public Safety/Police to
accept Edward Byrne Memorial Justice Assistance Grant of $23,298.75 from Office of
Justice Programs to be used for placing video cameras in Police squad cars S.R. No. 117
RESOLUTION NO. 10092
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC
SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) OF $24,575, MINUS 5%
ADMINISTRATIVE COSTS, FROM THE OFFICE OFJUSTICE
PROGRAMS TO BE USED FOR PLACING VIDEO CAMERAS IN
POLICE SQUAD CARS
This resolution appears as Resolution No. 10092.
F.
Consideration of approval of resolution accepting donation of $430 from receipt of 13
memorials given in name of Richfield resident, Tom Curran, to Richfield Fire Department
S.R. No. 118
RESOLUTION NO. 10093
RESOLUTION AUTHORIZING ACCEPTANCE OF DONATION OF
MEMORIALS IN THE NAME OF RICHFIELD RESIDENT TOM
CURRAN TO THE CITY OF RICHFIELD
FIRE DEPARTMENT IN ACCORDANCE TO THE WISHES OF THE
FAMILY OF TOM CURRAN
This resolution appears as Resolution No. 10093.
M/Wroge, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #9 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Mayor Goettel presented Staff Report No. 113, former Consent Calendar Item #8A.
Consideration of approval of continuing public hearing and second reading of
transitory ordinance to vacate utility easement at 800 66th Street West to June 10, 2008.
Mayor Goettel stated she had received phone calls on this item and wished to have it
discussed in more detail.
Interim Community Development Director Stark reviewed Staff Report No. 113.
Council Meeting Minutes -5- May 13, 2008
M/Goettel, S/Kilian to approve continuing public hearing and second reading of transitory
ordinance to vacate utility easement at 800 66th Street West to June 10, 2008.
Motion carried 5-0.
Item #10 PUBLIC HEARING REGARDING RESOLUTION APPROVING ISSUANCE OF
EDUCATIONAL FACILITIES REVENUE NOTES, SERIES 2008 BY CITY OF
MINNEAPOLIS AND AUTHORIZING EXECUTION AND DELIVERY OF
COOPERATION AGREEMENT BETWEEN CITY OF MINNEAPOLIS AND CITY OF
RICHFIELD RELATED TO PROJECT FINANCING TO BE UNDERTAKEN BY
ACADEMY OF HOLY ANGELS S.R. NO. 119
Council Member Kilian presented Staff Report No. 119.
Finance Manager Regis stated Richfield does not have bank qualified debt available due to
current and proposed capital projects so the City of Minneapolis is providing the financing. The
City of Richfield is not at any risk but needs to approve the issuance because the Academy of Holy
Angels is located here.
M/Wroge, S/Sandahl to close public hearing.
Motion carried 5-0.
Mayor Goettel permitted Larry Wozniczka, 6744 Wentworth Avenue, to address the City
Council.
Mr. Wozniczka questioned what project is being financed at the Academy of Holy Angels.
Council Member Wroge explained the use is for replacement of the athletic dome cover and
astro-turf playing field and a new heating system. He added he has been assured the blower
motors meet the noise decibel level regulations.
M/Sandahl, S/Wroge to close public hearing.
Motion carried 5-0.
Council Member Wroge asked City Attorney Heine if he needed to abstain from voting since
he is an Academy of Holy Angels employee.
City Attorney Heine replied that he would only need to recuse himself if he had a personal
financial interest.
M/Goettel, S/Kilian that the following resolution be adopted and be made part of these
minutes:
RESOLUTION NO. 10094
APPROVING THE ISSUANCE OF ONE OR MORE SERIES OF
REVENUE NOTES BY THE CITY OF MINNEAPOLIS, MINNESOTA
UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH
469.1651, AS AMENDED, TO FINANCE IMPROVEMENTS TO THE
Council Meeting Minutes -6- May 13, 2008
EXISTING FACILITY OF ACADEMY OF HOLY ANGELS LOCATED
IN THE CITY OF RICHFIELD, MINNESOTA
Motion carried 5-0. This resolution appears as Resolution No. 10094.
Item #11 PUBLIC HEARING REGARDING RESOLUTION GRANTING FINAL APPROVAL
OF PLAT FOR 1901 66TH STREET EAST; RICHFIELD MAINTENANCE FACILITY
S.R. NO. 120
Council Member Kilian presented Staff Report No. 120.
M/Wroge, S/Sandahl to close public hearing.
Motion carried 5-0.
Council Member Wroge clarified the facility is not LEED certified due to the cost of certification
but does meet LEED regulations.
M/Kilian, S/Sandahl that the following resolution be adopted and be made part of these
minutes:
RESOLUTION NO. 10095
RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR
1901 66TH STREET EAST (RICHFIELD MAINTENANCE FACILITY)
Motion carried 5-0. This resolution appears as Resolution No. 10095.
Item #12 CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE
AUTHORIZING PLANNING, DESIGN AND CONSTRUCTION OF NEW
POLICE/FIRE/CITY HALL FACILITY AND SCHEDULING PUBLIC HEARING AND
SECOND READING FOR JUNE 10, 2008 S.R. NO. 121
Mayor Goettel presented Staff Report No. 121.
Mayor Goettel requested performance standards be in the contract.
Council Member Sandahl thanked the Citizens Task Force for their work. She expressed
her support for moving forward in the process.
Council Member Wroge stated that as much or more would be spent to maintain the current
building and if the new project waits, the costs will increase. It was proven to him that a new
building is needed. He acknowledged it will be frustrating and a struggle financially for some
residents but the project needs to proceed.
Council Member Rosenberg acknowledged the project is a major cost but many residents
view it as an investment into the future to portray a positive image of the City. She said it will be a
Council Meeting Minutes -7- May 13, 2008
struggle and could be a burden to some due to the economy but that she believes a new city hall is
the right thing to do. She expressed support to move forward.
Council Member Kilian expressed support to move forward but added that it does not meet
his expectations. However, he believes to do nothing would be irresponsible.
Mayor Goettel stated she’s spoken with seniors regarding the tax impacts and many support
the project. She added that the time to do it is now. When she toured the current City Hall she
realized that it is not a good working environment for employees.
M/Goettel, S/Sandahl to approve first reading of transitory ordinance authorizing planning,
design and construction of new Police/Fire/City Hall facility and scheduling public hearing and
second reading for June 10, 2008.
Motion carried 5-0.
Item #13 CONSIDERATION OF FIRST READING OF AMENDMENTS TO RICHFIELD CITY
CODE SUBSECTIONS 514.14, SUBD. 3; 518.15, SUBD. 3; AND 522.15, SUBD. 4
TO REQUIRE CONSTRUCTION OF ONE CAR GARAGE FOR ALL NEW SINGLE-
FAMILY HOMES AND TWO CAR GARAGE FOR ALL NEW SINGLE-FAMILY
HOMES OVER 1,200 SQUARE FEET AND SCHEDULING SECOND READING
FOR MAY 27, 2008 S.R. NO. 122
Council Member Wroge presented Staff Report No. 122.
M/Wroge, S/Sandahl to approve first reading of amendments to Richfield City Code
subsections 514.14, Subd. 3; 518.15, Subd. 3; and 522.15, Subd. 4 to require construction of one
car garage for all new single-family homes and two car garage for all new single-family homes over
1,200 square feet and scheduling second reading for May 27, 2008.
Council Member Wroge said he supports the proposed amendments but requested the
variance option be deleted because a single-family home should not be built if no garage can be
included. There are already concerns regarding the excess of parked cars and gravel surfaces.
City Manager Devich stated some housing programs; i.e. Habitat for Humanity, may be
financially impacted if a garage is required.
Interim Community Development Director Stark explained the current Habitat for Humanity
home being built is 1,600 square feet but the number of stalls per definition is not a two-car garage.
The HRA could bear additional financial cost. Basic research indicates a one-car family is on the
increase.
City Attorney Heine explained the ordinance itself does not provide for a variance but the
proposed amendment to the Zoning Code, under State law, provides for a variance request if
certain hardship criteria are met. She said she would check if State law prohibits the City from
providing a variance request in certain situations.
Council Member Wroge stated if the City is letting a developer build a house, it must meet
certain standards.
Council Meeting Minutes -8- May 13, 2008
City Attorney Heine continued that because of new construction, it should be more difficult to
show need and meet the variance criteria.
City Attorney Heine explained variance requests are considered and determined by the
Hearing Examiner with repeals then considered by the City Council which is the same process as
used for all variances to the Zoning Code.
Mayor Goettel asked about the City Council reviewing the variance on this provision.
City Attorney Heine explained an ordinance amendment by the City Council is permitted.
Economic hardship by itself is not a hardship criteria, other criteria must be included.
Council Member Kilian stated a future City Council could change the ordinance if they
choose.
Council Member Wroge commented that sometimes a project cannot be afforded – a 1,600
square foot house should be able to afford a garage. He added that people sometimes take
advantage of exceptions.
Interim Community Development Director Stark stated that there is no magic to the 1,200
square foot threshold. There are some lots that have physical constraints on them; i.e. platting, and
ways to address them should be encouraged.
Council Member Wroge replied that this is why there are garage-style options, i.e. tuck-
under. Solutions are available and certain minimum requirements should be met.
Mayor Goettel stated that move-up housing wants garages. Having no garage may not
make the house sellable again. Some people need garages due to aging cars and inclement
weather conditions.
Motion carried 5-0.
Item #14 CONSIDERATION OF RESOLUTION DENYING 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 S.R. NO. 123
Council Member Rosenberg presented Staff Report No. 123.
M/Rosenberg, S/Kilian that the following resolution be adopted and be made part of these
minutes:
RESOLUTION NO. 10096
RESOLUTION DENYING ON-SALE WINE LICENSE AND 3.2
PERCENT MALT LIQUOR LICENSE FOR ARIBEL’S, 1120 EAST
66TH STREET
Motion carried 5-0. This resolution appears as Resolution No. 10096.
Council Meeting Minutes -9- May 13, 2008
Item #15 CONSIDERATION OF ACCEPTING CORRIDOR HOUSING INITIATIVE
DEVELOPMENT GUIDELINES AS AMENDED S.R. NO. 124
Council Member Sandahl presented Staff Report No. 124.
Interim Community Development Director Stark stated that throughout this process, City staff
did not steer it any way but served only as a resource. At the 72nd Street and Penn Avenue open
houses, he said more people indicated a residential use rather than a mixed-use development.
Council Member Wroge commented that he got the impression of no mixed use and an
obvious residential use preference at 72nd Street and Penn Avenue open houses.
Interim Community Development Director Stark explained mixed-use development that is
typically residential and commercial, usually retail, according to scale.
Council Member Wroge stated he understood residents in the 72nd Street and Penn Avenue
area were adamantly against commercial, high-density housing or mixed use.
Council Member Wroge added that he didn’t hear the need for LEED certification as
referenced in the guidelines.
Interim Community Development Director Stark responded that LEED standards not
certification would be pursued.
Council Member Rosenberg stated that she understood people in the area were not
comfortable with the school and housing proposed at the time for 72nd Street and Penn Avenue area
but now both have chosen to retract. She also understood from residents that density, mixed-use,
and streetscape could be discussed but there was concern about who was going to be there. She
requested affordable housing be kept on the table for the site.
Council Member Rosenberg clarified the only controversy was over the 72nd Street and Penn
Avenue site during the Corridor Housing Initiative process.
The City Council agreed the following modifications should be made to the guidelines:
?
Remove the phrase “and mixed use” from the Penn and 72nd Street goal to:
“Increase Housing and small-scale Mixed-Use Opportunities that Strengthens the
Tax Base.”
?
Remove guideline V, “Mixed retail, similar to 76th and Lyndale,” from the Penn and
72nd Street development guidelines.
?
Change LEED “certified” to LEED “guidelines” for Item K under Encourage
Sustainable Development for Penn and 72nd Street.
Gretchen Nichols, Corridor Housing Initiative representative, discussed the integrity of the
process and was consensus-based.
Mayor Goettel stated she believed it was a good process for the community by putting people
in front of the process instead of behind.
Council Member Sandahl commented the guidelines are to be used as a standard so the
changes requested are an accurate reflection of the City.
Council Meeting Minutes -10- May 13, 2008
Council Member Kilian stated that people can say what they may want as a development but
there may be no developer to do it. These guidelines are a starting point but there is a need to be
open to other opportunities.
Council Member Wroge stated agreement with Council Member Kilian.
M/Sandahl, S/Wroge to accept the Corridor Housing Initiative development guidelines as
amended.
Motion carried 5-0.
Item #16 CITY MANAGER’S REPORT
?
ADAM’S HILL POND STORM WATER PILOT PROGRAM
Public Works Director Eastling discussed the Adam’s Hill Pond Storm Water Pilot Program.
Council Member Wroge expressed concerns regarding the run-off from the Southdale parking
lot.
Mayor Goettel questioned the location of the apparatus and the sludge process.
Public Works Director Eastling explained the settling basin/tank options and the sludge
disposal.
Council Member Rosenberg requested the neighborhood be involved because they are very
attached to the pond.
Mayor Goettel requested the City check into the Edina Storm Water Permit.
Council Member Wroge questioned the cost of the project.
Public Works Director Eastling estimated less than $8,000.
Council Member Sandahl stated this was a creative approach to clean up water and
potentially save land to be developed.
Council Member Wroge stated that when the water goes into the pond, it just gets dirty again
down the line.
Public Works Director Eastling responded that regulations might require clean up.
Public Works Director Eastling discussed the plan to have crossing guards at 66th Street and
Park Avenue for the summer to help pedestrians wanting to get to the outdoor swimming pool. The
times are yet to be determined. At the end of the 66th Street and Portland Avenue project, the
pedestrian crossing will be marked with flashing lights.
Council Member Wroge suggested signage in the street indicating a visual pedestrian
crossing.
Council Meeting Minutes -11- May 13, 2008
Council Member Wroge asked about the July 4 parade route changing due to the 66th Street
and Portland Avenue project.
City Manager Devich replied that he understood there are considerations of changing the
route and Recreation Services Director Topitzhofer will provide an update at the next meeting.
16.
City Manager Devich reported on upcoming "Out & About in Richfield" programs on Channel
Mayor Goettel requested an updated report on police activity/contacts at restaurants.
Council Member Kilian requested an update on the Neighborhood Property Maintenance
Inspection Program.
Item #17 CLAIMS AND PAYROLL '
M/Sandahl, S/Wroge that the following claims and payrolls be approved:
U.S. BANK 05-13-08
A/P Checks: 168014 - 168495 $ 1,922,154.25
PAYROLL 48433 - 48766, 41343 - 41.345 $ 470,426.35
TOTAL $ 2,392,580.60
Motion carried 5-0.
The City Council meeting was adjourned by unanimous consent at 9:19 p.m.
Date Approved: May 27 ~ 2008
Cheryl rumhol
Recording Secretary