07-22-08 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 22, 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; Sue Sandahl; and
Bill Kilian.
Staff Present: Steven L. Devich, City Manager; John Stark, Interim Community
Development Director; Barry Fritz, Acting Public Safety Director; Brad
Sveum, Fire Services Director; Kristin Asher, Assistant City Engineer;
Melissa Poehlman, Zoning Administrator; Corrine Heine, City Attorney; and
Cheryl Krumholz, Recording Secretary.
OPEN FORUM
Pat Hall, 7309 Oliver Avenue, spoke about the lack of neighborhood involvement and lack
of support for the proposed bike path on Oliver Avenue.
Steven Gervais, 7308 Oliver Avenue, questioned who decided a bike path should be on
Oliver Avenue and that the funds should be used for additional police officers not a bike path.
Council Member Rosenberg responded there will be neighborhood meetings regarding the
bike path. The grant announced at the recent news conference was done a little early since the
funds are for covering administrative costs regarding exploring Oliver Avenue as a potential bike
path; no decision has been made.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Council Meeting Minutes -2- July 22, 2008
APPROVAL OF MINUTES
M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council Worksession of
July 8, 2008 and (2) Regular City Council Meeting of July 8, 2008.
Motion carried 5-0.
Item #1 RECOGNITION OF RICHFIELD CENTENNIAL BABIES AND INTRODUCTION
OF RICHFIELD FIREFIGHTER ED ODENDAHL
Council Member Rosenberg presented the Centennial Babies with certificates from the City
of Richfield and gifts provided by Richfield Bloomington Credit Union (RBCU) and Babies’R’Us.
Fire Services Director Sveum introduced new Richfield firefighter Ed Odendahl.
Item #2 FUNDING RECOMMENDATION BY CHAT II FOR PROPOSED NEW
POLICE/FIRE/CITY HALL FACILITY
Rick Jabs, CHAT II Chair, 6805 Knox Avenue, recognized the efforts of the task force and
stated the task force has always been cost conscious and considered funding options.
Mr. Jabs stated he is reaffirming the task force’s recommendation that the Police and Fire
pension fund be used to assist with funding the proposed new facility. He stated that the group
realized this created a funding gap in the General Fund but suggested spreading use of the
pension funds over the years or at the end of the project to reduce the bond amount and impact on
taxpayers. He added that the pension fund could only be used toward the cost of the Police and
Fire portion of the facility.
Council Member Wroge stated he was at the CHAT II meeting and there was a unanimous
decision on the funding recommendation.
Mayor Goettel said she was open to using the pension fund.
Council Member Rosenberg also said she was open to using the fund but added there
would be some property tax ramifications to fill the General Fund financial gap.
COUNCIL DISCUSSION
Item #3
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HATS OFF TO HOMETOWN HITS
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PUBLIC SAFETY’S SECOND QUARTER REPORT ON CERTAIN
RICHFIELD LIQUOR ESTABLISHMENTS
Council Member Kilian reported on a recent Noise Oversight Committee and a new system
to be in place next summer that will provide quicker information on loud aircraft flight noise.
Council Meeting Minutes -3- July 22, 2008
Council Member Sandahl reported a recent Star Tribune article stated the Opus
Headquarters installed a geo-thermal system, which is the same system as the new maintenance
facility.
Council Member Sandahl discussed the “Constructing Suburbia” article about Richfield in
the Minnesota History Quarterly Magazine.
Mayor Goettel reported on a recent Eagle Scout award ceremony she attended. She also
announced the August 3 National Night Out event.
Mayor Goettel requested an update on a program to volunteer for mowing the lawns of
vacant homes.
Acting Public Safety Director Fritz explained there is currently no program in place but staff
is continuing discussions. He also explained the trespassing law.
Mayor Goettel stated the City has a joint powers agreement to provide police services
during the 2008 Republican National Convention in Saint Paul.
Mayor Goettel requested staff consider preparing an ordinance to address the recovery of
administrative costs by fining banks or landlords for lack of property maintenance.
Acting Public Safety Director Fritz explained the current abatement process.
Council Member Rosenberg announced the Richfield Middle School Girls Softball Team
recently won their second state championship.
Mayor Goettel requested City Manager Devich report on the Oliver Avenue bike trail grant.
City Manager Devich explained the Livable Communities Grant for two proposed bike trails
in Richfield located on Richfield Parkway and Oliver Avenue. The grant funds are to assist with the
planning process and concepts and nothing is in place yet.
Council Member Sandahl added the press conference was originated by Minneapolis, not
Richfield.
Acting Public Safety Director Fritz provided Public Safety’s second quarter report on the
Frenchman’s and Jun Bo establishments.
The City Council consensus was to have Public Safety provide another report if there is
pertinent information.
Council Member Kilian expressed his concerns regarding the Mayor’s assignment of
presenting the recreational vehicle staff report to Council Member Wroge and her lack of response
to his e-mail questioning the assignment.
Mayor Goettel explained she was traveling related to work and does not check her home e-
mail as frequently as her work e-mail. She added that Council Member Wroge had questions and
concerns on this issue and she thought it would be easier for him to present it.
Council Member Wroge agreed to have Council Member Kilian present the staff report.
Council Member Wroge suggested the City Council consider having staff present staff
reports to eliminate the Mayor’s assignments.
Council Meeting Minutes -4- July 22, 2008
Mayor Goettel stated the City Council discussed this earlier and decided to not change the
presentation process.
The City Council decided to discuss the presentation of staff reports at a future meeting.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Kilian, S/Rosenberg to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. Consideration of approval of first reading of ordinance requiring new single-family homes
within 2007 DNL 63-64 and 1996 DNL 65-75 contours to use building materials with Sound
Transmission Class of 40 or higher and installation of central air conditioning or mechanical
ventilation; also new additions to existing single-family homes within 2007 DNL 63-64 and
1996 DNL 65-75 contours to use building materials meeting Sound Transmission Class of
40 or higher; and new single-family homes in 2007 DNL 60-62 contours to provide central
air conditioning or mechanical ventilation; and new multi-family homes in 2007 DNL 60-64
contours provide central air conditioning or mechanical ventilation and scheduling second
reading for August 12, 2008 S.R. No. 169
B. Consideration of approval of resolution authorizing acceptance of Mn/DOT Agreement No.
93124 between Mn/DOT and City of Richfield to receive federal funds to perform Safe
Routes to School plan S.R. No. 170
RESOLUTION NO. 10121
RESOLUTION AUTHORIZING ACCEPTANCE OF AGENCY
AGREEMENT NO. 93124 BETWEEN THE MINNESOTA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF
RICHFIELD FOR FEDERAL PARTICIPATION IN THE RICHFIELD
SAFE ROUTES TO SCHOOL STUDY.
This resolution appears as Resolution No. 10121.
C. Consideration of approval of resolution authorizing acceptance of $850 grant funds from
Target Corporation for Public Safety/Police towards National Night Out costs and $100
donation from Residential Mortgage Group for Public Safety/Police K-9 unit and Police
safety vests S.R. No. 171
Council Meeting Minutes -5- July 22, 2008
RESOLUTION NO. 10122
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC
SAFETY/POLICE TO ACCEPT A GRANT OF $850 FROM THE
TARGET CORPORATION TO FUND NATIONAL NIGHT OUT AND
TO ACCEPT A CHECK FOR $100 FROM THE RESIDENTIAL
MORTGAGE GROUP IN THE NAME OF RESIDENTS AS NAMED IN
THE RESOLUTION
This resolution appears as Resolution No. 10122.
D. Consideration of approval of change order No. 2 for removal of asbestos containing
materials from project site in amount of $436,164.86 and amendment No. 1 to cooperative
construction agreement between City and Mn/DOT for Richfield Lake Improvement Project
S.R. No. 172
E. Consideration of approval of plans and authorizing advertisement for bids for replacement
of Lyndale Avenue bridge over I-494 project; City Project 42000 S.R. No. 173
F. Consideration of approval of third amendment to cost participation agreement between
Hennepin County and City of Richfield to receive additional County funds for 66th Street
and Portland Avenue intersection project S.R. No. 174
G. Consideration of approval of preparing preliminary report for 2009 alley paving project S.R.
No. 175
H. Consideration of approval of indemnification and hold harmless agreement with BP
Products North America, Inc. relating to property at 6545 Portland Avenue S.R. No. 176
I. Consideration of approval of ratifying three change orders to Shafer Contracting for 66th
Street and Portland Avenue intersection construction project:
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Change Order No. 2 – include relocation of signal interconnection system wiring through
intersection for added cost of $30,097;
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Change Order No. 3 – include temporary lighting for intersection and purchase of
changeable message signs for traffic control use and education for added cost of
$68,968.32; and
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Change Order No. 4 – underground electrical services at Victoria Manor Apartments,
Nilsen Funeral Home, Sinclair Station and apartment building at 6601 Fifth Avenue for
added cost of $44,077 S.R. No. 177
J. Consideration of approval of scheduling public hearing on August 12, 2008 regarding
issuance of new on-sale intoxicating and Sunday liquor licenses with optional 2 a.m.
closing for Richfield Hotel Associates d/b/a Ramada Inn, 7745 Lyndale Avenue S.R. No.
178
Mayor Goettel asked about the status of the right-of-way acquisition for the Lyndale Avenue
bridge project. (Item #5E)
City Attorney Heine replied that the right-of-way has been acquired through quick-take but
the cost has not been determined.
Mayor Goettel asked about the City’s ability to establish their own ordinance. (Item #5A)
Interim Community Development Director Stark explained the consent decree requires the
ordinance be presented to the City Council but approval as it is proposed is not required. Staff
recommends consideration but there may be different ways to address the mitigative efforts.
M/Goettel, S/Rosenberg to approve the Consent Calendar.
Motion carried 5-0.
Council Meeting Minutes -6- July 22, 2008
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #7 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING
SUBSECTIONS 930.01, 930.03, 930.05, 930.11 AND 930.13 OF RICHFIELD CITY
CODE RELATING TO REGULATION OF NOISE AND SCHEDULING SECOND
READING FOR AUGUST 12, 2008 S.R. NO. 179
Council Member Rosenberg presented Staff Report No. 179.
Mayor Goettel stated she spoke to the same Minnesota Pollution Control Agency (MPCA)
representatives as the City Attorney and did not have the same understanding of the response
regarding a city being permitted to be stricter in noise regulations.
Council Member Wroge stated he was the first person to speak to the MPCA and because
the MPCA does not regulate air conditioners, the City could set any limit they wanted. He said he
was told the City can have a stricter ordinance if the MPCA does not regulate it.
City Attorney Heine stated that state law establishes different sound pressure levels but the
City could regulate equipment by setback requirements or limiting the hours of the day because
that is not regulated by the State. She said there is a need to clarify this with the MPCA.
Council Member Wroge questioned moving forward with the ordinance since it could allow
noisier standards.
Mayor Goettel stated the ordinance also includes regulating auxiliary generators and
heating, venting, and air conditioning (HVAC) mechanical equipment.
City Attorney Heine said changes can be made to the ordinance for second reading
depending upon the State’s response.
City Manager Devich added that if the ordinance is not ready, the second reading could be
continued from the August 12 City Council Meeting.
M/Rosenberg, S/Sandahl to approve the first reading of ordinance amending subsections
930.01, 930.03, 930.05, 930.11 and 930.13 of Richfield City Code relating to regulation of noise
and scheduling second reading for August 12, 2008.
Motion carried 5-0.
Item #8 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO
RICHFIELD CITY CODE SECTION 1325 REGULATING OUTDOOR STORAGE
AND PARKING OF RECREATIONAL VEHICLES AND SCHEDULING SECOND
READING FOR AUGUST 12, 2008 S.R. NO. 180
Council Meeting Minutes -7- July 22, 2008
Council Member Kilian presented Staff Report No. 180.
Council Member Kilian questioned the proposed ordinance not including a reference to
parking the recreational vehicle in the driveway so it is the least obtrusive to the neighbor.
City Attorney Heine responded that enforcement is difficult as well as identifying what is
considered least obtrusive.
Council Member Kilian explained this was one of the main issues and not addressing it is not
in keeping of the spirit of what was developed during discussions.
Council Member Sandahl recalled least obtrusive was if there is a two-car driveway, parking
would be closer to your own home, not the neighbor’s home.
Council Member Kilian agreed and added that the greatest sight line for the neighbor should
be allowed.
City Attorney Heine stated alternate language will be provided at second reading of the
ordinance.
Council Member Kilian stated the recreational vehicle should not be closer than 12 feet to the
curb line, which is no change from the current ordinance.
M/Kilian, S/Rosenberg to approve first reading of ordinance amendment to Richfield City
Code section 1325 regulating outdoor storage and parking of recreational vehicles and scheduling
second reading for August 12, 2008.
Council Member Wroge questioned the location and type of surface for parking.
Council Member Kilian responded there are no proposed language changes from the current
ordinance.
Council Member Wroge stated, for him, the original issue on recreational vehicles was the 40’
motor home, not a boat or snowmobile that did not move for a long time and impacting the selling of a
home. He expressed concern about keeping the 12 feet curb line and not changing to 15 feet away
from the neighbor. He said he was also concerned that only one group may have been represented
in meetings with Council Member Kilian to prepare the proposed ordinance.
Council Member Sandahl thanked Council Member Kilian for working on reaching a
compromise.
Council Member Kilian clarified that recreational vehicles that can be portaged, e.g. canoes,
kayaks, are included as exceptions regarding storage.
The City Council opened the meeting to public comment.
Ken Severson, 7316 Lyndale Avenue, expressed concern regarding storage of small
recreational vehicles and requested the ordinance exclude all canoes, kayaks, and boats less than 16
feet. He also mentioned the fence proximity to store a small recreational vehicle as being
counterproductive.
Dave Buzicky, 6933 Stevens Avenue, expressed concern regarding storage of small
recreational vehicles, e.g. snowmobiles on trailers, and the need to license a recreational vehicle if it
Council Meeting Minutes -8- July 22, 2008
is operated only on private property. He questioned the storage distance of 3 feet from any building
and parking on grass in the winter.
Council Member Sandahl referenced the ordinance stated licensing was “as applicable by
law.”
Joel Schnell, 6408 Pleasant Avenue, stated an impervious surface is more visually prominent
and questioned why wheels are required when stored. He asked if several snowmobiles on one
trailer counts as one recreational vehicle and that a double-wide snowmobile trailer is wider than 7
1/2 feet.
Steve Lazinski, 7226 10th Avenue, stated he would rather look at a recreational vehicle than
the two dumpsters at 7233 10th Avenue that have been there a long time.
Bob Hall, 7309 Oliver Avenue, expressed concerns regarding what he believes is a pattern of
government involving capitulation, citizen circumvention, and retaliatory offenses, specifically
referencing the air handler noise at the Middle School, and the recreational vehicle ordinance. He
suggested City Attorney Heine report on possible open meeting law violations.
The City Council closed public comment.
Council Member Kilian stated he believed the group he met with on the RV issue was a good
balance of representation with as many rights preserved as possible. If changes to the ordinance
need to be made in the future, it can be revisited.
Council Member Kilian said canoes and kayaks are the only exceptions to be included
because boats are a problem. He added it was acceptable to hang canoes and kayaks on a fence on
side of the garage depending upon visibility to the neighbor.
Mayor Goettel questioned the definition of a trailer.
Council Member Kilian replied it would be capable of being pulled on the street.
City Attorney Heine clarified the ordinance would be revised to exclude canoes and kayaks
from storage regulations but retain the ownership requirement.
Council Member Wroge stated everyone has the right to speak on this issue. He continued
that one person’s concern regarding their own motor home now has everyone involved.
Council Member Sandahl stated only recreational vehicles owned by the resident can be
stored on their property.
Motion carried 5-0.
CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO
Item #9
RICHFIELD CITY CODE SECTION 1320 ESTABLISHING REGULATIONS FOR
STORAGE OF OVERSIZE VEHICLES IN RESIDENTIAL DISTRICTS AND
APPROVING RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE (TABLED FROM MAY 27, 2008) S.R. NO. 181
Mayor Goettel presented Staff Report No. 181.
Council Meeting Minutes -9- July 22, 2008
Council Member Sandahl clarified this ordinance excludes recreational vehicles.
M/Goettel, S/Kilian that this constitutes the second reading of Bill No. 2008-15 to approve
amendment to Richfield City Code Section 1320 establishing regulations for storage of oversize
vehicles in residential districts, 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. 10123
RESOLUTION APPROVING SUMMARY PUBLICATION OF
BILL NO. 2008-15
Motion carried 5-0. This resolution appears as Resolution No. 10123.
Item #10 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING
RICHFIELD CITY CODE SECTIONS 549.09, 549.25 (B) AND 549.25 (C) AND
REPEALING SUBSECTION 549.25 (F) RELATED TO FUNCTIONALITY AND
PLACEMENT OF DYNAMIC SIGNS S.R. NO. 182
Council Member Sandahl presented Staff Report No. 182.
M/Sandahl, S/Goettel that this constitutes the second reading of Bill No. 2008-16 to
approve amending Richfield City Code Sections 549.09, 549.25 (b) and 549.25 (c) and repealing
subsection 549.25 (f) related to functionality and placement of dynamic signs , 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 SECOND READING OF RICHFIELD CITY CODE BY
REPEALING SUBSECTION 509.17 AND AMENDING SUBSECTIONS 925.01,
SUBD. 4 (A) RELATED TO CLEAR VISIBILITY AT CERTAIN INTERSECTIONS
S.R. NO. 183
Council Member Wroge presented Staff Report No. 183.
Council Member Wroge stated he did not support the change to reduce the 50 feet visibility
to 30 feet because safety should be the first consideration, not aesthetics.
Council Member Sandahl said she thought 30 feet visibility was a reasonable guideline
because it allows more use of a yard.
Mayor Goettel expressed support for the 30 feet and the proposed opacity.
M/Wroge, S/Sandahl that this constitutes the second reading of Bill No. 2008-17 to approve
repealing Subsection 509.17and amending Subsections 925.01, Subd. 4(a) of the Richfield City
Code relating to clear visibility at certain intersections, that it be published in the official newspaper
and that it be made part of these minutes.
Council Meeting Minutes -10- July 22, 2008
Motion carried 4-1. (Wroge opposed)
Item #12 CONSIDERATION OF SUPPLEMENTAL AGREEMENT WITH SHAFER
CONTRACTING FOR EXTENDING PROJECT LIMITS FURTHER EAST ON 66TH
STREET FROM OAKLAND TO COLUMBUS AVENUE FOR 66TH
STREET/PORTLAND AVENUE INTERSECTION PROJECT S.R. NO. 184
Assistant City Engineer Asher presented Staff Report No. 184.
Assistant City Engineer Asher stated the property owner at 6601 Oakland Avenue has
donated his easement for the retaining wall replacement.
M/Rosenberg, S/Goettel to approve consideration of supplemental agreement with Shafer
Contracting for extending project limits further east on 66th Street from Oakland to Columbus
Avenue for 66th Street/Portland Avenue Intersection Project.
Motion carried 5-0.
Item #13 CONSIDERATION OF BID MINUTES/TABULATION AND AWARD CONTRACT TO
EUREKA CONSTRUCTION, INC FOR 6300 BLOCK OF LYNDALE AVENUE
PROJECT IN AMOUNT OF $1,210,948.80 AND PURCHASING CONSTRUCTION
ENGINEERING SERVICES FROM WSB & ASSOCIATES TO PROVIDE
CONSTRUCTION OVERSIGHT SERVICES REQUIRED TO COMPLETE THE
PROJECT IN AMOUNT OF $96,596 S.R. NO. 185
Council Member Sandahl presented Staff Report No. 185.
M/Sandahl, S/Wroge to approve bid minutes/tabulation and award contract to Eureka
Construction, Inc for 6300 Block of Lyndale Avenue Project in amount of $1,210,948.80 and
purchasing construction engineering services from WSB & Associates to provide construction
oversight services required to complete the project in amount of $96,596.
Motion carried 5-0.
Item #14 CITY MANAGER REPORT
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CANCEL REGULAR CITY COUNCIL MEETING OF AUGUST 26, 2008
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SCHEDULE 2008/REVISED/2009 PROPOSED BUDGET
WORKSESSION(S) TO:
TUESDAY, AUGUST 19; WEDNESDAY, AUGUST 20; THURSDAY,
-
AUGUST 21, OR TUESDAY, AUGUST 26
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RESCHEDULE REGULAR CITY COUNCIL MEETING OF TUESDAY
SEPTEMBER 9, 2008 TO THURSDAY, SEPTEMBER 11, 2008 DUE TO
PRIMARY ELECTION
M/Kilian, S/Sandahl to cancel the Regular City Council Meeting of August 26, 2008.
Council Meeting. Minutes -11- July 22, 2008
Motion carried 5-0.
The City Council consensus was to schedule the 2008 Revised/2009 Proposed Budget
Worksession for Wednesday, August 20, 2008.
M/Wroge, S/Kilian to reschedule the Regular City Council Meeting of Tuesday. September
9 2008 to Thursday September 11, 2008 due to Primary Election.
Motion carried 5-0.
Item #10 CLAIMS AND PAYROLL
M/Rosenberg, S/UVroge that the following claims and payrolls be approved:
U.S. BANK 07-22-08
A/P Checks: 169933 - 170352
PAYROLL 50231 - 50629, 41369 - 41372
TOTAL
Motion carried 5-0.
OPEN FORUM
None.
The City Council meeting was adjourned by unanim
Date Approved: August 12, 2008
Cheryl Krumholz
Recording Secretary
$ 3, 544, 841.55
$ 552,671.88
$ 4, 097, 513.43
at 9:08 p.m.
City Manager
CITY OF RICHFIELD, MINNESOTA
Bid Opening
July 15, 2008
10:00 a.m.
Street & Drainage Improvements
- 6300 Block Lyndale Avenue South
Bid No. 08-05
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 Street & Drainage Improvements for the
6300 Block of Lyndale Avenue South, as advertised in the official newspaper on June,
26 and July 3, 2008 and the Construction Bulletin on June 23 and 30, 2008.
Present: Nancy Gibbs, City- Clerk
Kristin Asher, Assistant City Engineer
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name
Non- Mn/DOT
21816
Addendum
Total Base Bid
Collusion (Bond) #1
Eureka Construction, Inc. Provided Provided Provided $1,210,948.80
Lakeville, MN .
Geislinger & Sons Provided Provided Provided $1,672,826.64
Watkins, MN
LaTour Construction, Inc. Provided Provided Provided $1,686,859.10
Maple Lake, MN
Max Steininger, Inc. Provided Provided Provided $1,486,290.94
Eagan, MN
Northwest Asphalt, Inc. Provided Provided Provided $1,594,322.40
Shakopee, MN
Thomas & Sons Construction, Provided Provided Provided $1,386,007.61
Inc. Rogers, MN
The City Clerk announced that the bids would be tabulated and considered at the July
22, 2008 City Council Meeting.
Nancy Gibb City Clerk