08-12-08 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
August 12, 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; Barry Fritz, Acting Public Safety Director;
Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services
Director; Chris Regis, Finance Manager; Karen Barton, Community
Development Manager; Christine Costello, Community Development
Coordinator; Pam Dmytrenko, Assistant to City Manager; Corrine Heine,
City Attorney; and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
David Butler, Richfield Historical Society representative, requested an annual appropriation
from the City in the amount of $20,000 to cover the operating costs of the Historical Center and
Bartholomew House Museum, including their Director’s salary. He suggested either the City hire
the Director or appropriate the funds to the Historical Society.
Mayor Goettel stated the upcoming budget discussion will include this request.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Council Meeting Minutes -2- August 12, 2008
M/Kilian, S/Wroge to approve the minutes of (1) Special Concurrent City Council/Richfield
School Board Meeting of July 14, 2008 and (2) Regular City Council Meeting of July 22, 2008.
Motion carried 5-0.
Item #1 RECOGNITION OF RICHFIELD MIDDLE SCHOOL GIRLS SOFTBALL TEAM
ON THEIR SECOND STATE CHAMPIONSHIP
Council Member Rosenberg acknowledged the Richfield Middle School Girls Softball Team
on their second State Championship.
Item #2 RECOGNITION OF DONATION FROM MORRIS NILSEN FOR HONORING
ALL VETERANS MEMORIAL
Recreation Services Director Topitzhofer acknowledged the donation from Morris Nilsen for
the Honoring All Veterans Memorial.
Item #3 ANNUAL MEETING WITH CIVIL SERVICE COMMISSION
Marc Sullivan, Civil Service Commission Chair, reported on the Commission’s past year’s
accomplishments.
The City Council thanked the Commission for their efforts.
COUNCIL DISCUSSION
Item #4
?
HATS OFF TO HOMETOWN HITS
Council Member Rosenberg acknowledged the success of the recent PennFest celebration
as a community building event.
Mayor Goettel announced an upcoming BBQ and Jazz event put on by Recreation
Services, Mothersauces, and the Richfield Bloomington Credit Union (RBCU).
Mayor Goettel acknowledged the success of National Night Out.
Council Member Sandahl announced the August 14 neighborhood meeting at Monroe Park
regarding a proposed bike path on Oliver Avenue.
Council Member Kilian discussed an approach he prepared to address rental housing
complaints through their licensing fees resulting in quicker enforcement of violations. He added
considering fees now would be appropriate because the process for rental licensing renewal
notices begins this fall.
Council Meeting Minutes -3- August 12, 2008
City Manager Devich stated legal staff is reviewing the current violation notice process to
see if it can be accelerated. Legal staff will also review the options presented by Council Member
Kilian.
Council Member Wroge agreed something needs to be done but he did not wish to rush
since the City Council has already provided staff with ordinance changes which make enforcement
easier.
City Manager Devich responded that staff responds quickly to complaints.
Council Member Wroge suggested rental properties in Richfield be listed on the City’s
website.
The City Council consensus was to have staff and legal counsel review the approach to
rental housing presented by Council Member Kilian.
Item #5 COUNCIL APPROVAL OF AGENDA
Mayor Goettel added Item #6J to the Consent Calendar and tabled Item #15.
M/Kilian, S/Wroge to approve the agenda as amended.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
A. Consideration of approval of resolution appointing election judges for September 9, 2008
Primary Election and November 4, 2008 General Election S.R. No. 186
RESOLUTION NO. 10124
RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE
PRIMARY ELECTION OF SEPTEMBER 9, 2008 AND THE
GENERAL ELECTION OF NOVEMBER 4, 2008
This resolution appears as Resolution No. 10124.
B. Consideration of approval of resolution authorizing agreement between Richfield Public
Safety Department and Minnesota Department of Public Safety accepting grant funds to be
used for payment of overtime for police officers involved in Safe & Sober Communities
Program S.R. No. 187
RESOLUTION NO. 10125
RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF RICHFIELD/POLICE AND THE MINNESOTA
DEPARTMENT OF PUBLIC SAFETY TO APPROVE GRANT FUNDS
TO BE SHARED BY RICHFIELD, EDINA AND AIRPORT POLICE AS
PART OF THE SAFE & SOBER COMMUNITIES PROGRAM
Council Meeting Minutes -4- August 12, 2008
This resolution appears as Resolution No. 10125.
C. Consideration of approval of resolution authorizing Richfield Public Safety Department to
accept $13,131.45 (Citizen Corps grant) from Minnesota Department of Public Safety for
Community Emergency Response Team program S.R. No. 188
RESOLUTION NO. 10126
RESOLUTION AUTHORIZING THE RICHFIELD DEPARTMENT OF
PUBLIC SAFETY TO ACCEPT A 2007 CITIZEN CORPS GRANT
FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY,
DIVISION OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT
This resolution appears as Resolution No. 10126.
D. Consideration of approval of resolution affirming and ratifying submittal of application to
Minnesota Housing Finance Agency for Community Revitalization Fund grant for New
Home Program S.R. No. 189
RESOLUTION NO. 10127
RESOLUTION AFFIRMING AND RATIFYING CITY STAFF
SUBMITTAL OF AN APPLICATION TO THE MINNESOTA HOUSING
FINANCE AGENCY FOR A COMMUNITY REVITALIZATION FUND
GRANT FOR THE “NEW HOME PROGRAM”
This resolution appears as Resolution No. 10127
E. Consideration of approval of contract providing Richfield police officer as Juvenile
Investigator/School Liaison to School District 287 at South Education Center, 7540 Penn
Avenue S.R. No. 190
F. Consideration of approval of Change Order No. 1 to Nodland Construction Company to
include additional drainage outfall pipe for 73rd Street and First Avenue Storm Water
Construction Project S.R. No. 191
G. Consideration of approval of hiring SRF Consulting Group, Inc. as consultant to perform
Safe Routes to School study at cost of $49,403 S.R. No. 192
H. Consideration of approval of bid minutes/tabulation and purchasing new ice resurfacer at
Richfield Ice Arena from Frank J. Zamboni Company in amount of $88,050 including sales
tax S.R. No. 193
I. Consideration of approval of temporary wine and temporary on-sale 3.2 percent malt liquor
licenses for annual Church of St. Richard Fun Festival on September 13, 2008 S.R. No.
194
J. Consideration of approval of resolution accepting arbitration award for 2008 calendar year
wages for Law Enforcement Labor Services, Inc. Local 123 S.R. No. 206
RESOLUTION NO. 10128
RESOLUTION ACCEPTING ARBITRATOR’S AWARD
FOR 2008 CALENDAR YEAR WAGES FOR
LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 123
This resolution appears as Resolution No. 10128.
Council Meeting Minutes -5- August 12, 2008
M/Kilian, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #8 PUBLIC HEARING REGARDING ISSUANCE OF NEW ON-SALE INTOXICATING
AND SUNDAY LIQUOR LICENSES WITH OPTIONAL 2 A.M. CLOSING FOR DON
TH
PABLO’S OPERATING, LLC D/B/A DON PABLO’S, 980 WEST 78 STREET
S.R. NO. 195
Council Member Sandahl presented Staff Report No. 195.
M/Wroge, S/Sandahl to close public hearing.
Motion carried 5-0.
M/Sandahl, S/Kilian to approve issuance of new on-sale intoxicating and Sunday liquor
licenses with optional 2 a.m. closing for Don Pablo’s Operating, LLC d/b/a Don Pablo’s, 980 West
78th Street.
Motion carried 5-0.
Item #9 PUBLIC HEARING 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. 196
Council Member Sandahl presented Staff Report No. 196.
Steve Moore, Ramada Inn representative, thanked the City Council and City staff for their
assistance on obtaining a liquor license.
M/Sandahl, S/Wroge to close public hearing.
Motion carried 5-0.
M/Rosenberg, S/Sandahl to approve 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.
Motion carried 5-0.
Council Meeting Minutes -6- August 12, 2008
PUBLIC HEARING REGARDING RESOLUTION APPROVING ISSUANCE OF
Item #10
BANK QUALIFIED TAX EXEMPT REVENUE NOTES BY CITY OF HINCKLEY
WITH RESPECT TO FINANCING AND REFINANCING PROJECTS TO BE
UNDERTAKEN BY COMMUNITY INVOLVEMENT PROGRAMS S.R. NO. 197
Council Member Wroge presented Staff Report No. 197.
Steve Fenlon, Community Involvement Program representative, discussed the significant
financial opportunity on these notes and that funds are used for improvement of care at
residential facilities.
Council Member Sandahl added that there is no risk to Richfield taxpayers on these notes.
M/Wroge, S/Rosenberg to close public hearing.
Motion carried 5-0.
M/Wroge, S/Rosenberg that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10129
RESOLUTION GIVING HOST APPROVAL TO THE
ISSUANCE OF A HOUSING AND CARE FACILITY REVENUE NOTE
FOR A PROJECT BY COMMUNITY INVOLVEMENT PROGRAMS
LOCATED IN RICHFIELD, MINNESOTA UNDER
MINNESOTA STATUTES, CHAPTER 462C AND MINNESOTA
STATUTES SECTIONS 469.152 THROUGH 469.1651
Motion carried 5-0. This resolution appears as Resolution No. 10129.
Item #11 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL
ASSESSMENT ROLL FOR 2007 REMOVAL OF DISEASED TREES FROM
PRIVATE PROPERTY S.R. NO. 198
Council Member Rosenberg presented Staff Report No. 198.
Public Works Director Eastling discussed the impact of Dutch Elm Disease in Richfield.
M/Rosenberg, S/Wroge to close public hearing.
Motion carried 5-0.
M/Rosenberg, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
Council Meeting Minutes -7- August 12, 2008
RESOLUTION NO. 10130
RESOLUTION ADOPTING ASSESSMENT
ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2007 THROUGH
DECEMBER 31, 2007
Motion carried 5-0. This resolution appears as Resolution No. 10130.
Item #12 PUBLIC HEARINGS REGARDING RESOLUTIONS ADOPTING SPECIAL
ASSESSMENT ROLLS FOR 2007 MAINTENANCE SERVICES AND
RESOLUTIONS ORDERING CURRENT 2009 MAINTENANCE SERVICES
A. 77TH STREET MAINTENANCE S.R. NO. 199
B. LYNDALE/HUB/NICOLETT MAINTENANCE S.R. NO. 200
Item #12A - Council Member Kilian presented Staff Report No. 199.
M/Kilian, S/Rosenberg to close public hearing.
Motion carried 5-0.
M/Kilian, S/Rosenberg that the following resolutions be adopted and that they be made part
of these minutes:
RESOLUTION NO. 10131
RESOLUTION ADOPTING ASSESSMENT ON
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1 - DECEMBER 31, 2007
RESOLUTION NO. 10132
RESOLUTION ORDERING UNDERTAKING OF CURRENT
SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1
THROUGH DECEMBER 31, 2009
Motion carried 5-0. These resolutions appear as Resolution No.’s 10131 and 10132.
Item #12B - Council Member Kilian presented Staff Report No. 200.
M/Wroge, S/Rosenberg to close public hearing.
Motion carried 5-0.
M/Kilian, S/Rosenberg that the following resolutions be adopted and that they be made part
of these minutes:
Council Meeting Minutes -8- August 12, 2008
RESOLUTION NO. 10133
RESOLUTION ADOPTING ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE
PERIOD JANUARY 1 THROUGH DECEMBER 31, 2007
RESOLUTION NO. 10134
RESOLUTION ORDERING UNDERTAKING OF CURRENT
SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN)
MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2009
Motion carried 5-0. These resolutions appear as Resolution No.’s 10133 and 10134.
Item #13 PUBLIC HEARING REGARDING SECOND READING OF ORDINANCE
RELATING TO BUILDING STANDARDS FOR RESIDENTIAL DWELLINGS
WITHIN AIRPORT NOISE CONTOUR AREAS, AMENDING SUBSECTION 507.07
AND SECTION 544 OF RICHFIELD CITY CODE S.R. NO. 201
Mayor Goettel presented Staff Report No. 201.
Mayor Goettel stated the ordinance is difficult to implement and enforce since there is no
definition of what is considered an addition to an existing building.
Community Development Coordinator Costello discussed staff’s concern as provided in how
the consent decree is currently written. She explained areas of the ordinance that need definition if
the City Council directs revisions.
M/Goettel, S/Rosenberg to close public hearing.
Motion carried 5-0.
M/Goettel, S/Sandahl to deny the second reading of the proposed modification to Section
544 of the City Code and to direct staff to revise the ordinance to meet community goals for
presentation to the City Council for consideration at a future meeting.
Motion for denial carried 5-0.
Item #14 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO
RICHFIELD CITY CODE SECTION 1325 REGULATING OUTDOOR STORAGE
AND PARKING OF RECREATIONAL VEHICLES AND RESOLUTION
AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE S.R. NO. 202
Council Member Kilian presented Staff Report No. 202.
The City Council opened the meeting to public comment.
Council Meeting Minutes -9- August 12, 2008
Ernie Lindstrom, 7406 Fremont Avenue, urged the City Council to place Richfield’s
neighborhoods as a priority. The proposed ordinance continues to allow the storage of large motor
homes, which is the issue, not small recreational vehicles, i.e. boats. He discussed the letter from
the Recreational Vehicle Group as threatening and requested the City Council receive a copy of the
group’s by-laws and membership within five days and consider it fraud if it is not received.
Mr. Lindstrom also requested the City Council table this ordinance until the storage issue is
addressed and defer action until the new City Council is elected. He said community standards
should be higher, not lower, than surrounding areas.
Darcy Smith, 6921 Elliot Avenue, Recreational Vehicle Group member and representative,
spoke in support of the ordinance and thanked Council Member Kilian for his efforts in reaching a
compromise. She discussed the self-policing efforts of the Recreational Vehicle Group.
Richard Fulce, 7405 Fremont Avenue, stated that as one of the silent majority who does not
store recreational vehicle equipment, the 15 foot setback should be retained as a matter of balance
because of the size of Richfield lots.
Council Member Kilian responded the 12 foot setback off the curb line has been retained
from the current ordinance. This ordinance should be considered a compromise because there is
no absolute best answer for everybody.
Judy Cardwell, 7530 1st Avenue, stated most residents she has spoken with are upset this
issue is being discussed.
Joel Schnell, 6408 Pleasant Avenue, stated the proposed ordinance is not a recreational
vehicle ordinance but rather a motor home ordinance and doesn’t solve problems because the
general public was not heard.
Ken Severson, 7316 Lyndale Avenue, stated the property ordinance impacts the small
recreational vehicle equipment and discussed several sections of the ordinance that he believed to
be unenforceable or should be eliminated.
The City Council consensus was to close the public comment.
Council Member Kilian stated the 3 foot requirement is to allow public safety access to sides
of a property. The property ordinance was in discussion prior to the Recreational Vehicle Group
letter mentioned by Mr. Lindstrom was received. During National Night Out, he said he saw a lack
of maintenance around boats.
M/Kilian, S/Sandahl that this constitutes the second reading of Bill No. 2008-18, authorizing
ordinance amendment to Richfield City Code Section 1325 regulating outdoor storage and parking
of recreational vehicles, 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. 10135
RESOLUTION APPROVING SUMMARY PUBLICATION OF
BILL NO. 2008-18
Motion carried 4-1. (Wroge opposed) This resolution appears as Resolution No. 10135.
Council Meeting Minutes -10- August 12, 2008
Council Member Rosenberg stated she took issue with the comment by Mr. Lindstrom that
this City Council does not address neighborhood concerns because this City Council is diligent,
forceful, and determined on these issues. She said the current City Council is viable until January
1, 2009 and she believed it inappropriate to table this property ordinance because the City Council
is changing in January.
Council Member Wroge stated he did not support the property ordinance because the issue
that caused the discussion has not been addressed and the process of negotiations was one-sided.
The issue was not about small recreational vehicles, but rather big motor homes impacting the
ability to sell a home or enjoy site lines. He added the recreational vehicle issue was a dead issue
after the two open houses until the Recreational Vehicle Group letter referenced earlier was written
to raise the issue again.
Council Member Sandahl stated the open houses had both sides of the issue present. She
added that she supported the proposed ordinance because, though not perfect, it is a good
compromise.
Council Member Kilian said each City Council Member has initiated some issue and brought
it to the City Council for consideration.
Mayor Goettel stated she supported moving forward even though not everyone is happy.
Item #15 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO
RICHFIELD CITY CODE SUBSECTIONS 930.01, 930.03, 930.05, 930.11, AND
930.13 RELATING TO REGULATION OF NOISE AND RESOLUTION
AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE S.R. NO. 203
This item was removed from the agenda.
Item #16 CONSIDERATION OF RESOLUTION AND FIRST READING OF ORDINANCE
ESTABLISHING ONE-YEAR MORATORIUM ON DEVELOPMENT OF CERTAIN
PROPERTIES IN PENN AVENUE CORRIDOR BETWEEN HIGHWAY 62 AND
68TH STREET AND SCHEDULING SECOND READING FOR SEPTEMBER 11,
2008 S.R. NO. 204
Council Member Rosenberg presented Staff Report No. 204.
M/Rosenberg, S/Kilian to approve first reading of an ordinance establishing a one-year
moratorium on development of certain properties in Penn Avenue Corridor between Highway 62
and 68th Street and scheduling the second reading for September 11, 2008, and that the following
resolution be adopted and that it be made part of these minutes:
Council Meeting Minutes -11- August 12, 2008
RESOLUTION NO. 10136
A RESOLUTION ESTABLISHING A ONE YEAR MORATORIUM ON
THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE PENN
AVENUE CORRIDOR BETWEEN HIGHWAY 62 AND 68TH STREET
THAT ARE GUIDED MIXED-USE, AND DIRECTING THAT A
PLANNING STUDY BE CONDUCTED
Motion carried 5-0. This resolution appears as Resolution No. 10136.
Item #17 CONSIDERATION OF PROVIDING STAFF DIRECTION FOR CONTINUATION OF
POLICE/FIRE/CITY HALL FACILITY PROJECT AND AUTHORIZING CITY
MANAGER TO PROCEED WITH CONTRACT FOR ARCHITECTURAL SERVICES
FOR CONSTRUCTION OF NEW FACILITY S.R. NO. 205
Mayor Goettel presented Staff Report No. 205.
Mayor Goettel suggested continuing CHAT II and including performance based standards
with Wold Architects and Engineers (Wold AE) so the City is not liable if there are problems.
Council Member Sandahl agreed that Wold AE should provide the architectural services.
She suggested that CHAT II membership be expanded for a broader perspective.
Council Member Kilian agreed with expanding the membership. He also requested the City
Council be provided with a range of options and choices for design of the outside and inside of the
building.
Rick Jabs, CHAT II Chair, stated there are currently nine members. He suggested the role
of the group include more open houses when the building design is available. He added that Wold
AE has some performance standards in place.
Mr. Jabs said the task force recommends Wold AE and suggested the City Council consider
a construction manager for the project since it worked well for the new maintenance facility.
Council Member Wroge stated he believed open houses were more important than
expanding the task force membership.
The City Council consensus was to expand the CHAT II membership by six people for a
total of 15 members and direct staff to conduct a recruitment with the City Council interviewing
applicants.
M/Sandahl, S/Kilian to hire Wold AE for architectural services for construction of the new
Police/Fire/City Hall facility, and direct staff to conduct a recruitment for six additional members to
the CHAT II citizen group.
Motion carried 5-0.
Council Meeting Minutes -12- August 12, 2008
Item #18 CITY MANAGER REPORT
None.
Item #10 CLAIMS AND PAYROLL
M/Sandahl, S/Wroge that the following claims and payrolls be approved:
U.S. BANK 08-12-08
A/P Checks: 170353 - 178200; 178201- 178739 $ 3,341,085.45
PAYROLL 50630 - 51446, 41373 - 41378 $ 1,105,343.78
TOTAL $ 4,446,429.23
Motion carried 5-0.
OPEN FORUM
None.
The City Council meeting was adjourned by unani~on~ t ~# 9:07
/ ~~
Date Approved: September il, 2008.~~
De o el
ay
Cheryl Kr holz to . Devich
Recording Secretary City Manager
CITY OF RICHFIELD, MINNESOTA
Bid Opening
July 16, 2008
10:00 a.m.
2008 Ice Resurfacer & Equipment
Bid No. 08-08
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of
the meeting was to receive, open and read aloud, bids for an Ice Resurfacer and
equipment, as advertised in the official newspaper on July 3, 2008.
Present: Theresa Schyma, Deputy City Clerk
Doris Swanson, City Manager Representative
Brandon Klement, Facilities Manager
The following bids were submitted and -read aloud:
Bid Bond Estimated
°r Intent
Non-
Addenda Trade-In
Bidder
Certified to
collusion
#1 Value of Base Bid
Check Comply Current
Zamboni
Frank J. Zamboni & Co. ~ ~ ~ ~ $37,500.00 $107,400.20
Paramount, CA
Becker Arena Products
Savage, MN ~I ~/ ~/ $15,000.00 $180,800.00
(Ice BearMachine)
Becker Arena Products
Savage, MN ~/ d ~/ $15,000.00 $192,400.00
(Olympia Machine)
The Deputy City Clerk announced that the bids would be tabulated and considered at
the August 12, 2008 City Council Meeting.
The sa Schyma eputy City Clerk