10-14-08 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 14, 2008
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:01 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Susan Rosenberg; Fred Wroge; and Bill Kilian.
Members Absent: Sue Sandahl.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Mike Eastling, Public Works Director; Barry Fritz, Public Safety
Director; Jim Topitzhofer, Recreation Services Director; Chris Regis,
Finance Manager; Pam Dmytrenko, Assistant to the City Manager; Corrine
Heine, City Attorney; and Cheryl Krumholz, Recording Secretary.
M/Goettel, S/Kilian to determine the absence of Council Member Sandahl from the Regular
City Council Meeting of October 14, 2008 as an excused absence.
Motion carried 4-0.
OPEN FORUM
Ken Johnson, 7300 Wentworth Avenue, spoke about his difficulties with the City’s building
inspections related to residential construction.
Mayor Goettel requested Mr. Johnson contact Public Safety Director Fritz.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Council Meeting Minutes -2- October 14, 2008
APPROVAL OF MINUTES
M/Goettel, S/Kilian to approve the minutes of (1) Regular City Council Meeting of
September 11, 2008; (2) Special City Council Meeting of September 23, 2008; and (3) Regular City
Council Meeting of September 23, 2008.
Motion carried 4-0.
Item #1 RECOGNITION OF CENTENNIAL BABIES
Council Member Rosenberg presented the Centennial Babies certificates from the City of
Richfield and gifts provided by Richfield Bloomington Credit Union (RBCU) and Babies’R’Us.
Item #2 PRESENTATION OF KIDS@HOME PROGRAM AWARD FROM MN NAHRO
TO RICHFIELD COMMUNITY DEVELOPMENT DIRECTOR JOHN STARK
Mark Wahlsing, National Association of Housing and Redevelopment Officials – Minnesota
Chapter, presented the award to Community Development Director Stark who accepted it on
behalf of the Community Development Department.
Community Development Director Stark acknowledged the efforts of Lynnette Chambers,
Leased Housing Specialist, who created and implemented this program.
Item #3 PRESENTATION BY LEAGUE OF WOMEN VOTERS RICHFIELD
REGARDING CONDUCTING NATURALIZATION CEREMONY IN RICHFIELD
(COUNCIL MEMO NO. 162)
Lois Quam, League of Women Voters President, announced the Naturalization Ceremony
to be held on Wednesday, October 22, 2008 at 10 a.m. at Richfield High School.
Item #4 ANNUAL MEETING WITH PLANNING COMMISSION
Rick Jabs, Planning Commission Chair, provided a report on the commission’s 2008
accomplishments and 2009 goals.
The City Council thanked the Planning Commission for their work.
Council Meeting Minutes -3- October 14, 2008
COUNCIL DISCUSSION
Item #5
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HATS OFF TO HOMETOWN HITS
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HUB SHOPPING CENTER UPDATE (COUNCIL MEMO NO. 163)
Council Member Wroge acknowledged Sheridan Hills School being recognized as a
“School of Excellence”.
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Mayor Goettel read a Congressional Record – A Tribute to Richfield’s 100 Anniversary –
from Rep. Keith Ellison.
City Manager Devich discussed the maintenance/improvements completed at the HUB
Shopping Center and that no major renovations are planned in the near future. He added that the
HUB is a private development; not City-owned, and changes are initiated by the HUB owner.
Public Safety Director Fritz provided an update on the neighborhood property maintenance
inspections program.
Council Member Kilian requested the City Council consider establishing a task force to
review possible alternatives to address property maintenance issues because it is a continuing
concern, even though the ordinances for enforcement have been tightened.
Council Member Wroge stated the inspection program is good but the City needs to be
more proactive in addressing maintenance issues.
Item #6 COUNCIL APPROVAL OF AGENDA
Mayor Goettel requested that Item #7A be considered as separate agenda Item #12B and
that Item #7E be considered as separate agenda Item #8.
M/Goettel, S/Kilian to approve the agenda as amended.
Motion carried 4-0.
Item #7 CONSENT CALENDAR
A. Item was removed from Consent Calendar to be considered as separate Item #12B.
B. Consideration of approval of resolution certifying delinquent sewer and water utility
accounts to County Auditor S.R. No. 229
RESOLUTION NO. 10155
RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID SEWER
AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO
BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES
This resolution appears as Resolution No. 10155.
Council Meeting Minutes -4- October 14, 2008
C. Consideration of approval of lease agreement with T-Mobile Central, LLC for antenna
space on Penn Avenue water tower S.R. No. 230
D. Consideration of approval of lease agreement with Telcom Transport Management, Inc.
(TTM) for antenna space on Logan Avenue water tower S.R. No. 231
E. Item was removed from Consent Calendar to be considered as separate Item #8.
F. Consideration of approval of change order to Master Mechanical, Inc. to add and install
additional carbon monoxide and nitrous oxide sensors in vehicle storage area of new Public
Works building as required by code for cost of $33,094.50 S.R. No. 233
G. Consideration of approval of request from State of Minnesota for renewal of currency
exchange license for New Unbank Company, LLC, 6421 Penn Avenue S.R. No. 234
M/Goettel, S/Kilian to approve the Consent Calendar as amended.
Motion carried 4-0.
Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Former Item #7E - Consideration of approval of license agreement with Minnesota
Department of Transportation for use of old City maintenance garage site for construction
trailer S.R. No. 232
City Attorney Heine explained the revisions to the agreement requested by MnDOT,
including liability and indemnity provisions. The agreement would no longer be with another
government entity but rather a private contract so City Attorney Heine suggested the City Council
consider authorizing City Manager Devich to determine an appropriate license fee for the storage
area.
Council Member Wroge expressed concern about rent being paid because the site is now
used by a for-profit business and there is a conflict with non-taxable property. He also stated the
land needs to be sellable.
Community Development Director Stark explained the private portion of the site is partially
assembled by a developer but one remaining private property does not wish to be purchased at this
time and the developer is willing to wait. The remaining land on the site is public. Tearing down the
buildings now could have tax increment financing (TIF) ramifications because an eligibility
requirement is to deem the site substandard.
Council Member Wroge stated he preferred the site to be green space with no TIF so the
City can get what it is worth.
Mayor Goettel stated safety issues need to be considered as the buildings deteriorate.
M/Goettel, S/Kilian to authorize the City Manager Devich to negotiate an agreement for use
of the old City Maintenance Garage site for a construction trailer.
Motion carried 4-0.
Council Meeting Minutes -5- October 14, 2008
Item #9 PUBLIC HEARING REGARDING RESOLUTION ADOPTING ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR
ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE
PROPERTY S.R. NO. 235
Council Member Wroge presented Staff Report No. 235.
M/Wroge, S/Kilian to close public hearing.
Motion carried 4-0.
M/Wroge, S/Goettel that the following resolution be adopted and be made part of these
minutes:
RESOLUTION NO. 10156
RESOLUTION ADOPTING ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL
OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS
FROM PRIVATE PROPERTY
Motion carried 4-0. This resolution appears as Resolution No. 10156.
Item #10 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING
SUBSECTIONS 420.20 AND 925.01 OF RICHFIELD CITY CODE RELATING TO
MAINTENANCE OF SWIMMING POOLS AND SCHEDULING SECOND READING
FOR OCTOBER 28, 2008 S.R. NO. 236
Council Member Rosenberg presented Staff Report No. 236.
Council Member Wroge asked about chlorination being required as maintenance and if “pool”
included above-ground and in-ground.
City Attorney Heine replied the pool needs to be suitable for swimming and above-ground and
below-ground pools are included.
M/Rosenberg, S/Kilian to approve first reading of ordinance amending subsections 420.20
and 925.01 of Richfield City Code relating to maintenance of swimming pools and scheduling second
reading for October 28, 2008.
Motion carried 4-0.
Item #11 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO
CITY ADMINISTRATIVE CODE CHAPTER III, SUBSECTION 310.07, SUBD. 3
DESCRIBING VACANCIES S.R. NO. 237
Council Meeting Minutes -6- October 14, 2008
Council Member Kilian presented Staff Report No. 237.
Council Member Wroge asked why an in-depth background check of a Community Service
Officer was necessary if, to eliminate constant turnover, those hired were not seeking a career as a
police officer.
Public Safety Director Fritz explained the Community Service Officer has access to all public
and private data in Public Safety which necessitates an extensive background check.
M/Kilian, S/Rosenberg that this constitutes the second reading of Bill No. 2008-20 approving
an ordinance amendment to City Administrative Code Chapter III, Subsection 310.07, Subd. 3
describing vacancies, that it be published in the official newspaper and that it be made part of these
minutes.
Motion carried 4-0.
Item #12 CONSIDERATION OF REQUEST FOR SUBDIVISION WAIVER TO ALLOW
MINIMUM DIVISION OF 7300 UPTON AVENUE INTO TWO SINGLE-FAMILY
RESIDENTIAL LOTS (CONTINUED FROM JULY 8, 2008 AND SEPTEMBER 11,
2008) S.R. NO. 238
Mayor Goettel presented Staff Report No. 238.
Community Development Director Stark stated the legal description was received from the
applicant since the staff report was written. If the City Council finds the lot meets the requirements for
a subdivision waiver, at least three variances would be needed to make the lot buildable and would
be subject to a public hearing. Staff believes the lot does not meet the hardship rules.
Mayor Goettel stated granting the subdivision waiver would set a bad precedent with the
parkland swap and use of public land.
Council Member Kilian expressed agreement with Mayor Goettel.
Council Member Wroge stated the hardships are not met and questioned the added run-off
not being allowed.
Community Development Director Stark explained there are problems defining the piece of
land because it is a Meets and Bounds lot with changing boundaries due to the pond levels.
Russ Rooney, applicant, 1000 Mildred Drive, discussed that there is an original property
owner’s document stating the north 20 feet of the lot was given to the City and that it could be split
but the document cannot be located.
Mr. Rooney stated their neighborhood survey has received all positive responses to the split.
He continued that the most recent design meets all the requirements with only the lot depth variance
needed.
Community Development Director Stark responded that staff has heard about the original
document referenced by Mr. Rooney and that Mr. Rooney’s attorney stated the City is the owner of
the north 20 feet of the lot.
Council Meeting Minutes -7- October 14, 2008
Community Development Director Stark reviewed the hardship requirements.
Council Member Rosenberg stated she did not support the subdivision because it alters the
neighborhood, sets a precedent. She said she has received calls against the split.
Council Member Wroge stated there are too many variances needed and did not support the
subdivision.
M/Goettel, S/Rosenberg that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10157
RESOLUTION DENYING A SUBDIVISION WAIVER
FOR 7300 UPTON AVENUE
Motion carried 4-0. This resolution appears as Resolution No. 10157.
Item #12B – Former Item #7A - Consideration of approval of resolution authorizing
agency agreement No. 93497 between Minnesota Department of Transportation and City of
Richfield to relocate utilities as part of Lyndale Avenue Bridge over I-494 Project S.R. No.
228
City Attorney Heine explained the agency agreement amount has changed to $375,000 which
MnDOT also approved. In addition, the City Council should consider approval of a utility relocation
agreement and quit claim deed and temporary right to construct agreement with Qwest Corporation.
All federal funds are used for the Lyndale Avenue bridge project.
M/Goettel, S/Kilian that the following resolution be adopted and that it be made part of these
minutes and to complete the negotiations and contract with Qwest Corporation:
RESOLUTION NO. 10154
RESOLUTION AUTHORIZING APPROVAL OF AGENCY
AGREEMENT NO. 93497 BETWEEN THE MINNESOTA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF
RICHFIELD TO RELOCATE UTILITIES AS PART OF THE LYNDALE
AVENUE BRIDGE OVER I-494 PROJECT
Motion carried 4-0. This resolution appears as Resolution No. 10154.
Item #13 CONSIDERATION OF PROPOSAL FOR ADDITIONAL $75,000 FOR ADDITIONAL
WORK BY WSB & ASSOCIATES TO PROVIDE CONSTRUCTION INSPECTION
SERVICES FOR 66TH STREET AND PORTLAND AVENUE PROJECT S.R. NO.
239
Council Member Wroge presented Staff Report No. 239.
Mayor Goettel questioned recovering the additional costs.
Public Works Director Eastling responded costs will not be recovered but additional Municipal
State Aid (MSA) gas tax will be received.
Council Meeting Minutes -8- October 14, 2008
Council Member Wroge referenced a previous City Council discussion of threatening a lawsuit
because the utility relocation was delayed. He questioned the ability to have Qwest held liable if they
create the problem with the construction project.
City Attorney Heine responded the City Attorney’s office will review and report potential
remedies to recover costs.
M/Wroge, S/Kilian to approve the additional $75,000 for additional work by WSB & Associates
to provide construction inspection services for 66th Street and Portland Avenue project.
Motion carried 4-0.
Item #14 CONSIDERATION OF APPOINTMENT OF PERSONS TO CITY HALL ADVISORY
TASK FORCE PHASE III S.R. NO. 240
The City Council consensus was to appoint all applicants that were interviewed and include
current, out-going, and newly-elected City Council Members.
M/Goettel, S/Kilian to approve the following appointments to the City Hall Advisory Task Force
Phase III and to include all current, out-going, and newly-elected City Council members:
Robert Rimstad Mary Olafson
Greg Van Sickle Bob Hall
Steve Harris Woody Duvlea
David Butler Susan Rosenberg
Karol Ness Marcia Malinowski
Heidi Gabor Jennifer Turrentine
Motion carried 4-0.
Item #15 CITY MANAGER REPORT
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TREE REMOVAL, PLANTING AND STUMP GRINDING UPDATE
(COUNCIL MEMO NO. 164)
Public Works Director Eastling reported on the City’s tree replacement program and
additional costs to satisfy all requests for new boulevard trees.
The City Council consensus was to replace all boulevard trees lost to disease, and not
increase the general fund budget but rather adjust the allocation of franchise fees.
Public Works Director Eastling reported on the City’s topsoil replacement used to fill in the
hole left by removal of the stump of a boulevard tree.
Mayor Goettel requested pulverized dirt be used as replacement and the budget be adjusted
as needed.
Council Meeting Minutes -9- October 14, 2008
Public Works Director Eastling reported on the Metropolitan Council sewer pipe installation
as part of the 76th Street bridge project, specifically along 76th Street/I-35W and. 75th Street/Penn
Avenue.
Mayor Goettel requested a stormwater projects update be provided at a future meeting.
City Manager Devich provided the municipal bond market update.
Item #16 CLAIMS AND PAYROLL
M/Rosenberg, S/V1/roge that the following claims and payrolls be approved:
U.S. BANK 10-14-08
A/P Checks: 179835 - 180459 $ 2,794,908.39
PAYROLL 52553 - 52891, 41387 - 41390 $ 493,656.46
TOTAL $ 3,288,564.85
Motion carried 4-0.
OPEN FORUM
None.
The City Council meeting was adjourned by unanim~.u~ consent at 9:11 p.m.
Date Approved: October 2R ~ ~n~s
/ R
Cheryl rumh Iz n .Devich
Recording Secretary City Ma ager