09-11-08 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 11, 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, Interim Public Safety Director; Mike
Eastling, Public Works Director; Chris Regis, Finance Manager; Karen
Barton, Community Development Manager; Brad Sveum, Fire Services
Director; Pam Dmytrenko, Assistant to the City Manager; Paula Callis, City
Attorney; and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
Hama Farzan, 1510 East 66th Street, Payless Printing, spoke about his recent incident with
the police and alleged mistreatment he received regarding the placement of his business signs.
Mayor Goettel stated he could file a formal complaint if he wished.
David Butler, Richfield Historical Society representative, requested the City Council now
consider an amended funding request of $10,000 for the Historical Society. He also encouraged
the City Council to consider appointing a City representative to meet with the Richfield Historical
Society Board so the groups can work closer together.
Ken Severson, 7316 Lyndale Avenue, spoke in opposition to Item #4G stating other routes
are more appropriate for signaled railroad crossings and questioned the associated costs.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Council Meeting Minutes -2- September 11, 2008
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Kilian, S/Wroge to approve the minutes of (1) Regular City Council Meeting of August 12,
2008; (2) Special City Council Meeting of August 20, 2008; and (3) Special City Council Meeting of
August 20, 2008.
Motion carried 5-0.
Item #1 ANNUAL MEETING WITH FRIENDSHIP CITY COMMISSION
Roger Swanson, Vice-Chair and Treasurer, reported on the commission’s accomplishments
and goals.
COUNCIL DISCUSSION
Item #2
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HATS OFF TO HOMETOWN HITS
Council Member Rosenberg presented a certificate of recognition to Doug’s Ice Cream
Parlor for their service to the community.
Mayor Goettel discussed the new mural at the Community Center.
Mayor Goettel stated that to clarify some interest from the public, the HUB at 66th Street
and Nicollet Avenue is a privately-owned entity and the City has no jurisdiction to redevelop the
site.
City Manager Devich said the City will invite a HUB representative to a City Council meeting
to discuss any potential plans they may have for the future.
Council Member Kilian added there may be other sites in that area that have more priority
which may attract more businesses.
Mayor Goettel requested Interim Public Safety Director Fritz clarify the recent gang activity
incident reported in the Sun Current.
Interim Public Safety Director Fritz explained the incident and that he believed it was a
misleading headline in the newspaper. He discussed the City’s participation in the Metro Gang
Task Force which has resulted in reduced gang activity, including graffiti.
Council Member Wroge requested Interim Public Safety Director Fritz comment on the
police accusations made earlier during Open Forum.
Interim Public Safety Director Fritz reported on the incident stating he believed the police
used considerable restraint.
Council Member Sandahl announced the upcoming Cattail Days event.
Council Meeting Minutes -3- September 11, 2008
Item #3 COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed Item #8 for consideration in October and removed Item#4G from
the Consent Calendar to be considered separately as Item #5.
M/Wroge, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. Consideration of approval of first reading of proposed ordinance to City Administrative
Code Chapter III, Subsection 310.07, Subd. 3 describing vacancies and scheduling second
reading for October 14, 2008 S.R. No. 208
B. Consideration of approval of resolution declaring costs to be assessed and ordering
preparation of assessment roll for weed elimination from private property and removal or
elimination of public health or safety hazards from private property and scheduling public
hearing for October 14, 2008 S.R. No. 209
RESOLUTION NO. 10144
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL
OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS
FROM PRIVATE PROPERTY
This resolution appears as Resolution No. 10144.
C. Consideration of approval of resolution determining results of City’s Primary Election on
Tuesday, September 9, 2008 S.R. No. 210
RESOLUTION NO. 10143
RESOLUTION DETERMINING RESULTS OF THE PRIMARY
ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY,
SEPTEMBER 9, 2008
This resolution appears as Resolution No. 10143.
D. Consideration of approval of resolution authorizing amendment to conditional use permit to
allow day care services for additional 60 children (up to 205 children) at 7001 Harriet
Avenue, Richfield High School S.R. No. 211
Council Meeting Minutes -4- September 11, 2008
RESOLUTION NO. 10145
RESOLUTION AUTHORIZING AN AMENDMENT TO A
CONDITIONAL USE PERMIT TO ALLOW DAY CARE SERVICES
FOR UP TO 205 CHILDREN AT 7001 HARRIET AVENUE
This resolution appears as Resolution No. 10145.
E. Consideration of approval of resolution authorizing transfer of funds from PIR Fund to
Central Maintenance Facility Project Fund S.R. No. 212
RESOLUTION NO. 10146
RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM
THE PIR FUND TO THE CENTRAL MAINTENANCE CAPITAL
PROJECT FUND
This resolution appears as Resolution No. 10146.
F. Consideration of approval of resolution granting subdivision waiver for property located at
6600 Oakland Avenue into two parcels; one to be accrued to adjacent property at 6601
Portland Avenue (T&T Auto) and other to be used for right-of-way purposes; 66th
Street/Portland Avenue intersection reconstruction project S.R. No. 213
RESOLUTION NO. 10147
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
FOR 6600 OAKLAND AVENUE
This resolution appears as Resolution No. 10147.
G. Removed from the Consent Calendar and placed on the regular agenda to be considered
as Item #5.
H. Consideration of approval of recreational facility and amenity dedication proposal request at
Richfield Ice Arena from Richfield Hockey Association S.R. No. 215
Council Member Wroge clarified that Item #4E is not the Police/Fire Pension Fund but rather
the Permanent Improvement Revolving Fund which is being used as intended.
M/Goettel, S/Kilian to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Former Item #4G – Staff Report No. 214.
Public Works Director Eastling explained the competition for funds and it is at the urging of
the Minnesota Department of Transportation to increase safety at railroad crossings as funds are
available. There have been accidents at this crossing over the years. There is already a
signalized crossing on 77th Street, and 76th Street reached the priority level.
Council Meeting Minutes -5- September 11, 2008
Council Member Sandahl added that 76th Street will be a new east/west bike route
through Richfield.
Council Member Wroge stated the train blows its whistle at 70th Street and buses are
required to stop.
M/Goettel, S/Kilian that the following resolution be adopted and be made part of these
minutes:
RESOLUTION NO. 10138
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER
INTO AGREEMENT #91869 FOR THE INSTALLATION AND
MAINTENANCE OF RAILROAD CROSSING SIGNALS AT THE
INTERSECTION OF W. 76TH STREET WITH THE TRACKS OF THE
PROGRESSIVE RAIL, INC.
Motion carried 5-0. This resolution appears as Resolution No. 10138.
Item #6 PUBLIC HEARING REGARDING:
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SECOND READING OF ORDINANCE ESTABLISHING ONE-YEAR
MORATORIUM ON DEVELOPMENT OF CERTAIN PROPERTIES IN PENN
AVENUE CORRIDOR GUIDED FOR MIXED-USE; AND
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RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE; AND
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AMENDED RESOLUTION ESTABLISHING ONE-YEAR MORATORIUM ON
DEVELOPMENT OF CERTAIN PROPERTIES IN PENN AVENUE
CORRIDOR BETWEEN HIGHWAY 62 AND 68TH STREET
S.R. NO. 216
Council Member Rosenberg presented Staff Report No. 216.
Michele Moin, 6825 Knox Avenue, representing Mother Duck Learning Center, 6341 Penn
Avenue, discussed and expressed concerns regarding the proposed moratorium because of the
uncertainty it creates related to a purchase agreement they have with 6301 Penn Avenue to
relocate the daycare and the potential to sell 6341 Penn Avenue.
Interim Community Development Director Stark explained that Community Development
has been in discussions with Mother Duck Learning Center and their brokers and, as discussions
progressed, they were informed of the moratorium. He said their options include waiting out the
moratorium, which could end in February 2009, or seek an exemption from the moratorium based
on findings. The main concern for the corridor is design standards and it appears a daycare could
be a perfect fit; however, design standards have not yet been discussed by Mother Duck Learning
Center. He said the other buyers of property in the area view the moratorium as positive investing.
Ms. Moin said 6301 Penn Avenue is an allowable land use; 6341 Penn Avenue is a
conditional use permit.
Interim Community Development Director Stark stated it appears 6301 Penn Avenue may
require an exception because of the playground site which would need land use/site plan approval.
Council Meeting Minutes -6- September 11, 2008
Interim Community Development Director Stark stated exceptions to the moratorium could
be considered on a case-by-case basis. The City’s moratorium could be over the end of February
2009 but the Metropolitan Council could ask for an extension of 60 days to their review of the
Comprehensive Plan to the end of August 2009.
Interim Community Development Director Stark explained the moratorium was initiated by
the Penn Avenue advisory group which includes residents, business tenants, and business
property owners in the corridor. The City Council determined the make-up of the group, not the
specific members.
Council Member Rosenberg questioned why a moratorium is needed if exemptions can be
considered. A moratorium could add hardships.
Council Member Sandahl stated the length of the moratorium is a fairly short time frame
and the Penn Avenue advisory group came to the City Council with its support. She said she
supported moving forward with the moratorium including the mechanism in place to grant
exemptions.
Council Member Kilian expressed support for the moratorium with the exemptions safety
value because some businesses want to upgrade.
City Manager Devich stated the establishing the moratorium is a City Council policy which
the City Council can end at any time.
Council Member Wroge expressed his concerns that the design standards aren’t yet known
and owning or renting businesses, present and future, are being stopped so he did not support the
moratorium. He said he would support what is needed for the daycare to stay.
Interim Community Development Director Stark stated the corridor is currently zoned
industrial.
David Gepner, 6845 Penn Avenue, citizen representative of the Penn Avenue advisory
group, stated the group considers the corridor a revitalization, not redevelopment area and the
moratorium would be helpful to meet the feedback from citizen input and open houses because it
gives direction and creates enthusiasm.
Louis Sterner, 6407-17 Penn Avenue, commercial property owner, stated she did not
oppose revitalization but did not support a moratorium because it creates undue hardship due to
the uncertainty. There should be a practical, not euphoristic, plan in place that is affordable.
Interim Community Development Director Stark clarified the City Council can adopt the
design standards for the corridor but the land use needs to be reviewed by the Metropolitan
Council to determine rezoning.
John Powers, 6320 Penn Avenue, Lariat Lanes, stated he was pessimistic about the
changes since it has been considered in the past but nothing happened.
Jim Cohen, 6301 Penn Avenue broker, stated the property is currently non-profit, tax
exempt, and there is willingness to make it taxable but they are unable to wait.
Council Member Sandahl asked about the effective date of the moratorium.
Council Meeting Minutes -7- September 11, 2008
City Attorney Callis responded the moratorium becomes effective immediately upon
approval of the resolution. She advised not considering an exemption this evening, however,
because the Mother Duck Learning Center plans have not been reviewed by staff.
Interim Community Development Director Stark agreed that he was hesitant to approve
plans based upon an oral representation only. He added that even if Mother Duck Learning Center
is exempted, land use approval would be needed.
Tom Skelley, 6434-42 Penn Avenue owner, questioned if the moratorium limited the ability
to perform substantial interior improvements in the old Bodine building.
Council Member Wroge responded that interior work is allowed.
John Kamrath, 6920 Morgan, owner of 6710 Penn Avenue, said he did not support the
moratorium because it reminded him of the CSM eminent domain (Best Buy area) issues with
vacancies and the lack of maintenance of the buildings will create a blighted area.
Interim Community Development Director Stark responded that eminent domain laws have
changed significantly since 1998.
Chuck Haglund, 6501 Penn Avenue, said there was no need for a moratorium because it
limits the ability to sell a property, but revitalization is needed.
M/Rosenberg, S/Kilian to close the public hearing.
Motion carried 5-0.
Council Member Rosenberg stated the City Council is sympathetic to businesses but the
residents want something done and she senses energy and revitalization with this vision.
Council Member Wroge stated he believes in revitalization but did not support a moratorium
right now because a plan is needed first.
Council Member Sandahl stated there is a plan as part of the Comprehensive Plan but it is
not yet finalized. Design guidelines could be to the City Council for consideration in four to six
weeks, which for some may cause a brief hardship.
Council Member Kilian stated all City Council Members have seen the conceptual plan for
the corridor and it is much different than what is currently there.
Mayor Goettel stated there is the option to consider exemptions and the City Council has
the authority to cancel the moratorium.
M/Rosenberg, S/Sandahl that this constitutes the second reading of Bill No. 2008-19
establishing one-year moratorium on development of certain properties in Penn Avenue Corridor
guided for mixed use, that it be published in the official newspaper and that it be made part of
these minutes, and that the following resolutions be adopted and be made part of these minutes:
RESOLUTION NO. 10148
RESOLUTION APPROVING SUMMARY PUBLICATION OF
BILL NO. 2008-19
This resolution appears as Resolution No. 10148.
Council Meeting Minutes -8- September 11, 2008
RESOLUTION NO. 10149
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
This resolution appears as Resolution No. 10149.
Motion carried 4-1. (Wroge opposed)
Item #7 CONSIDERATION OF APPROVAL OF 2008 REVISED/2009 PROPOSED BUDGET
RESOLUTIONS ADOPTING 2009 PRELIMINARY PROPERTY TAX LEVY,
SETTING TRUTH IN TAXATION HEARING DATES, AUTHORIZING BUDGET
REVISIONS, AUTHORIZING REVISION OF 2008 BUDGET OF VARIOUS
DEPARTMENTS, AND AUTHORIZING USE OF PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION POLICE AND FIRE FUND REFUND INTEREST
EARNINGS FOR POLICE AND FIRE EXPENDITURES S.R. NO. 217
Council Member Kilian presented Staff Report No. 217.
City Manager Devich stated of the proposed 10.46% property tax levy, 9.26% is due to the
debt service levy and tax abatement, and is non-general fund related to operating costs.
Council Member Kilian added the City’s property tax levy is under the amount permitted by
law.
M/Kilian, S/Goettel that the following resolutions be adopted and be made part of these
minutes:
RESOLUTION NO. 10139
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2009
This resolution appears as Resolution No. 10139.
RESOLUTION NO. 10140
RESOLUTION AUTHORIZING BUDGET REVISIONS
This resolution appears as Resolution No. 10140.
RESOLUTION NO. 10141
RESOLUTION AUTHORIZING REVISION OF 2008 BUDGET OF
VARIOUS DEPARTMENTS
This resolution appears as Resolution No. 10141.
Council Meeting Minutes -9- September 11, 2008
RESOLUTION NO. 10142
RESOLUTION AUTHORIZING USE OF PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION POLICE AND FIRE FUND REFUND
INTEREST EARNINGS FOR CERTAIN POLICE AND FIRE
EXPENDITURES
This resolution appears as Resolution No. 10142.
Motion carried 5-0.
Council Member Sandahl asked about the tree replacement fund, adding the City Council may
need to consider a slight increase in funding.
Finance Manager Regis stated there is $20,000 in the budget for tree replacement.
Public Works Director Eastling explained the replacement is typically one year behind but
most trees are able to be replaced, depending upon the severity of Dutch Elm disease.
Council Member Wroge requested an explanation of debt service levies.
Finance Manager Regis stated the levies are for the Police/Fire/City Hall Facility, Cedar Point,
extension of the Richfield Parkway, and equipment purchases. He also discussed the Cedar Point
tax abatement.
Council Member Wroge stated he thought the Police and Fire Pension Fund was being used
on the front end of the Police/Fire/City Hall Facility project.
City Manager Devich stated he understood the City Council consensus was to use those
funds last so the City can continue to use the interest and plan to fill the financial gap in the General
Fund. The $1 million already in reserves from franchise fees will be used first.
Larry Wozniczka, 6744 Wentworth Avenue, requested clarification regarding tax abatement,
expressed concern regarding the HRA tax levy increase, and requested a list of properties and their
ownership related to the bonds for the 17th Avenue intersection project.
City Manager Devich suggested Ehlers and Associates explain tax abatement at a future City
Council meeting.
Council Member Wroge stated the HRA voted to allow the maximum levy by law.
City Manager Devich stated staff would provide the information to the City Council on the 17th
Avenue properties.
CONSIDERATION OF DENIAL OF REQUEST FOR SUBDIVISION WAIVER TO
Item #8
ALLOW DIVISION OF 7300 UPTON AVENUE WITH FINDING THAT MINIMUM
LOT STANDARDS ARE NOT MET S.R. NO. 218
This item was tabled until October.
Council Meeting Minutes -10- September 11, 2008
Item #9 CONSIDERATION OF CONFIRMATION OF CITY MANAGER’S APPOINTMENT
OF BARRY FRITZ AS PUBLIC SAFETY DIRECTOR FOR CITY OF RICHFIELD
S.R. NO. 219
City Manager Devich presented Staff Report No. 219.
M/Sandahl, S/Kilian to appoint Barry Fritz as Public Safety Director for the City of Richfield.
Motion carried 5-0.
Item #10 CONSIDERATION OF CONFIRMATION OF CITY MANAGER’S APPOINTMENT
OF JOHN STARK AS COMMUNITY DEVELOPMENT DIRECTOR FOR THE CITY
OF RICHFIELD S.R. NO. 220
City Manager Devich presented Staff Report No. 220.
M/Sandahl, S/Kilian to appoint John Stark as Community Development Director for the City
of Richfield.
Motion carried 5-0.
Item #11 CITY MANAGER REPORT
City Manager Devich informed the City Council that the November 11 City Council Meeting
is on a holiday and the November 4 General Election needs to be canvassed no later than
November 11, so the City Council will need to consider an alternate meeting date of November 6, 7,
or 10.
City Manager Devich distributed a letter received from Steve Orfield, Orfield Laboratories,
Inc., regarding building performance standards for the proposed new Police/Fire/City Hall Facility.
He continued that the facility’s architect, WOLD, as well as others, also have some building
performance standards. He asked the City Council to what extent the City Council believes the
performance standards are needed for the architectural contract.
Council Member Wroge, CHAT II liaison, stated the task force agreed performance
standards are needed but there were mixed view points on using Orfield’s services.
Council Member Rosenberg said she thought the designer has a consulting engineer who
would have performance standards.
Mayor Goettel responded that, typically, there is a third party review to consider the best
interests of the City.
Council Member Sandahl agreed that a third party would be needed and suggested Orfield
make a presentation to the City Council. She added that the City Council, as well as the additional
members, be part of CHAT III because the final design will serve the City long-term.
Council Meeting Minutes -11- September 11, 2008
Council Member Wroge agreed with the City Council being part of CHAT III, but not having
additional members because it becomes too large a group.
Council Member Kilian stated he agreed with having someone else assure everything gets
done with performance standards. He also agreed the City Council should be more involved in the
process.
Mayor Goettel stated she has worked with Orfield at Medtronic, but she added, the City has
not always had a good experience with Orfield.
Council Member Wroge said CHAT II thought WOLD would be responsible.
Council Member Kilian stated an understanding of expectations should be set but not create
an adversarial relationship.
City Manager Devich suggested Orfield and a couple of other companies make a
presentation to the City Council and CHAT members regarding performance standards. He
cautioned this slows the process.
Council Member Kilian suggested the presentations be scheduled before the new CHAT III
members are appointed.
Council Member Wroge suggested all applicants be considered without interviewing.
The City Council consensus was to conduct interviews and continue to accept applications.
Item #12 CLAIMS AND PAYROLL
M/Wroge, S/Rosenberg that the following claims and payrolls be approved:
U.S. BANK 08-26-08
A/P Checks: 178749 – 179095 $ 1,311,473.59
PAYROLL 51447 – 51839, 41379 - 41381 $ 583,565.80
TOTAL $ 1,895,039.39
U.S. BANK 09-09-08
A/P Checks: 179096 – 179413 $ 1,850,655.15
PAYROLL 51840 – 52222, 41382 $ 522,020.53
TOTAL $ 2,372,675.68
Motion carried 5-0.
OPEN FORUM
None.
Council Meeting Minutes -12- September 11, 2008
The City Council meeting was adjourned by unanimous consent at 10:09 p.m.
Date Approved: octc~her ~ 4 _ ~nnR
Cheryl Kr mholz
Recording Secretary