03-10-09 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 10, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:03 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
Karen Barton, Assistant Community Development Director; Jim
Topitzhofer, Recreation Services Director; Brad Sveum, Fire Services
Director; Chris Regis, Finance Manager; Melissa Poehlman, City Planner;
Christine Costello, Community Development Coordinator; Corrine Heine,
City Attorney; and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
Russ Rooney, 1000 Mildred Drive, requested the City Council reconsider the denial of the
proposed lot split at 7300 Upton Avenue.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Council Meeting Minutes -2- March 10, 2009
M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council Worksession of
February 24, 2009; (2) Regular City Council Meeting of February 24, 2009; and (3) Special City
Council/HRA Meeting of February 25, 2009.
Motion carried 5-0.
Item #1 PRESENTATION OF PROCLAMATION DESIGNATING MARCH 20, 2009 AS
“WE CARE DAY” IN RICHFIELD TO INTERMEDIATE SCHOOL FIFTH-
GRADE TEACHER OMAR MCMILLAN AND CLASS
Mayor Goettel presented a proclamation designating March 20, 2009 as “We Care Day” in
Richfield.
Item #2 PRESENTATION OF RICHFIELD RESTAURANT AWARDS BY ADVISORY
BOARD OF HEALTH (COUNCIL MEMO NO. 35)
Matt Tietje, Advisory Board of Health Chairperson, presented the 2008 Richfield Restaurant
Food Safety Awards to:
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Full service category:
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Nominations: Broadway Pizza
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Winner: Fred Babcock VFW Post #5555
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Fast food/Pizza/Cafeteria category:
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Nominations: Davanni’s Pizza
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Winner: Burger King (78th Street and Nicollet Avenue)
Item #3 PRESENTATION OF 494 CORRIDOR COMMISSION ANNUAL REPORT
Melissa Madison, 494 Corridor Commission representative, presented the 494 Corridor
Commission annual report.
Item #4 ANNUAL MEETING WITH TRANSPORTATION COMMISSION
Martin Kirsch, Transportation Commission Chair, presented the Transportation Commission
annual report.
Council Meeting Minutes -3- March 10, 2009
Item #5 COUNCIL DISCUSSION
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DESIGNATION OF CITY COUNCIL STORM WATER LIAISON (COUNCIL
MEMO NO. 36)
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HATS OFF TO HOMETOWN HITS
Public Works Director Eastling discussed the request for a City Council storm water liaison.
Mayor Goettel and Council Member Elliott agreed to serve as co-liaisons.
Council Member Fitzhenry acknowledged the efforts of the Metro Gang Strike Force in
assisting the Edina Police Department in the recent incident at Southdale Mall.
Council Member Sandahl announced the March 18 Arterial Street Study open house.
Council Member Wroge encouraged support for the businesses along the 7000 block of
Lyndale due to the impacts from the bridge construction.
Council Member Elliott acknowledged the feedback he has received regarding the Penn
Avenue/66th Street area.
Mayor Goettel requested City Council clarification for staff related to the membership of the
Property Excellence Task Force and applicants who currently serve on other commissions.
The City Council consensus was to interview all the applicants with appointment preference
to new members and that staff contact applicants who are currently commission members to
explain that, if appointed to the task force, they may need to resign from their current commission
membership.
The City Council will meet on Saturday, March 14 at 8:15 a.m. to conduct task force
interviews with Monday, March 23 as an alternate date for applicants who are unavailable.
Item #6 COUNCIL APPROVAL OF AGENDA
M/Wroge, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #7 CONSENT CALENDAR
A. Consideration of approval of first reading of transitory ordinance providing expenditure of
funds from Special Revenue Fund for certain capital improvements and scheduling public
hearing and second reading for April 14, 2009 S.R. 57
B. Consideration of approval of resolution authorizing subdivision waiver allowing 7316 Clinton
Avenue be split into two single-family lots S.R. No. 58
Council Meeting Minutes -4- March 10, 2009
RESOLUTION NO. 10226
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
7316 CLINTON AVENUE
This resolution appears as Resolution No. 10226.
C. Consideration of approval resolution accepting $7,214.40 grant from Metropolitan
Emergency Services Board to be used by Public Works Department to purchase six 800
Megahertz radios and related accessories S.R. No. 59
RESOLUTION NO. 10227
RESOLUTION AUTHORIZING ACCEPTANCE OF METROPOLITAN
EMERGENCY SERVICES BOARD GRANT FUNDS RECEIVED BY
THE CITY OF RICHFIELD, AUTHORIZE THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT WITH THE METROPOLITAN
EMERGENCY SERVICES BOARD AND TO AUTHORIZE THE CITY
TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT
AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS
This resolution appears as Resolution No. 10227.
D. Consideration of approval of agreement with WSB & Associates for construction
engineering services for Lyndale Avenue Bridge Project S.R. No. 60
E. Consideration of approval of setting public hearing for March 24, 2009 to consider new on-
sale intoxicating and Sunday liquor licenses, including optional 2 a.m. closing, for Tejaban
Mexica Grill, LLC dba El Tejaban Mex.Grill, 2 West 66th Street S.R. No. 61
M/Sandahl, S/Wroge to approve the Consent Calendar.
Motion carried 5-0.
Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #9 CONSIDERATION OF SECOND READING OF ORDINANCE INCORPORATING
AIRCRAFT IMPACT OVERLAY DISTRICT IMPOSING STANDARDS ON
CONSTRUCTION OF ALL NEW RESIDENTIAL DWELLINGS AND
RECOMMENDING CONSTRUCTION STANDARDS ON REMODELING OR
EXPANSION OF EXISTING RESIDENTIAL DWELLINGS WITHIN 2007 60+ DNL
NOISE CONTOURS AND RESOLUTION AUTHORIZING SUMMARY
PUBLICATION S.R. NO. 62
Council Member Fitzhenry presented Staff Report No. 62.
Council Meeting Minutes -5- March 10, 2009
Community Development Coordinator Costello clarified that the City of Eagan has prepared
an ordinance that impacts only new homes.
Council Member Wroge asked about the potential cost increase to a new home for these
standards.
Community Development Coordinator Costello replied that it could be a 15% increase.
Council Member Elliott stated the proposed standards are suggested guidelines, not
mandates.
Community Development Coordinator Costello explained the City’s proposed
communication efforts to inform residents.
M/Fitzhenry, S/Elliott that this constitutes the second reading of Bill No. 2009-5
incorporating Aircraft Impact Overlay District imposing standards on construction of all new
residential dwellings and recommending construction standards on remodeling or expansion of
existing residential dwellings within 2007 60+ DNL noise contours, 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. 10228
RESOLUTION APPROVING SUMMARY PUBLICATION OF
BILL NO. 2009-5 BY TITLE AND SUMMARY
Motion carried 5-0. This resolution appears as Resolution No. 10228.
Item #10 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING RICHFIELD
CITY CODE SUBSECTIONS 537.07 AND 537.09 RELATED TO BULK,
DIMENSION AND PARKING STANDARDS IN MIXED USE ZONING DISTRICTS
S.R. NO. 63
Council Member Wroge presented Staff Report No. 63.
M/Wroge, S/Goettel to approve the first reading of ordinance amending Richfield City Code
Subsections 537.07 and 537.09 related to bulk, dimensional and parking standards in mixed use
zoning districts.
Motion carried 5-0.
Item #11 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING RICHFIELD
CITY CODE SUBSECTIONS 512.01, 541.17 AND APPENDIX 1 TO ESTABLISH
REGULATIONS FOR NEW PENN AVENUE CORRIDOR OVERLAY DISTRICT
AND REZONING CERTAIN PROPERTIES ALONG PENN AVENUE BETWEEN
HIGHWAY 62 AND 68TH STREET S.R. NO. 64
Council Member Elliott presented Staff Report No. 64.
Council Meeting Minutes -6- March 10, 2009
Council Member Wroge asked about Menard’s, 77th Street and Nicollet Avenue, ability to
expand and/or remodel their facility under the proposed ordinance amendment.
City Planner Poehlman explained that Menard’s could build or replace the current footprint if
it is the exact same footprint. A two-story Menard’s building would require site plan approval like
any other development because it is a new building not a replacement of the existing building.
City Attorney Heine explained that if Menard’s were not replaced within the same footprint, it
would not be considered replacement of a nonconforming use and would be subject to the new
zoning regulations.
Council Member Wroge asked if the proposed CVS at 66th Street and Penn Avenue was
considered regional retail.
City Planner Poehlman replied that the proposed CVS project is a permitted use. She
explained the status of the moratorium related to the proposed ordinance and the Metropolitan
Council’s approval of the Comprehensive Plan.
M/Elliott, S/Sandahl to approve the first reading of ordinance amending Richfield City Code
Subsections 512.01, 541.17 and Appendix 1 to establish regulations for new Penn Avenue Corridor
Overlay District and rezoning certain properties along Penn Avenue between Highway 62 and 68th
Street.
Motion carried 5-0.
Item #14 CONSIDERATION OF AUTHORIZATION TO PROCEED WITH PLANS AND
SPECIFICATIONS FOR RENOVATION OF LINCOLN ATHLETIC COMPLEX, 7500
PLEASANT AVENUE S.R. NO. 67
The City Council agreed to consider this item before Items #12 and 13.
Council Member Elliott presented Staff Report No. 67.
Kevin Busch, Busch Architects, reviewed the proposed concept plan and cost estimates for
the Lincoln Athletic Complex.
Rick Jabs, Lincoln Planning Team representative, discussed the support from the Richfield
baseball and softball groups.
Council Member Wroge expressed his support for the project and suggested the bids
include a cap notification so costs don’t escalate. He also suggested Richfield businesses be
included in the opportunity to bid.
City Attorney Heine stated she was uncertain if local preferences could be on the hiring
contract.
Council Member Wroge suggested separating the ballpark construction from the concession
stands to reduce the bid amount.
Mr. Jabs stated there is flexibility in the cost options and building of the concession area.
Council Meeting Minutes -7- March 10, 2009
Mr. Busch said the proposed plan is a concept, not a design, and costs are estimates.
Mr. Busch explained the significant costs related to the plumbing, concession equipment,
grading and fencing. He said alternative bids could be added to the base bid as an option to control
costs.
M/Elliott, S/Sandahl to approve authorization to proceed with plans and specifications for
renovation of Lincoln Athletic Complex, 7500 Pleasant Avenue.
Motion carried 5-0.
Item #12 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 FOR PERIOD
JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 S.R. NO. 65
Mayor Goettel presented Staff Report No. 65.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10229
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS (IAFF), LOCAL 1215
BARGAINING UNIT FOR THE YEAR 2009
Motion carried 5-0. This resolution appears as Resolution No. 10229.
Item #13 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH POLICE
OFFICERS AND DETECTIVE LAW ENFORCEMENT LABOR SERVICES LOCAL
123 FOR PERIOD JANUARY 1, 2009 THROUGH DECEMBER 31, 2009
S.R. NO. 66
Council Member Fitzhenry presented Staff Report No. 66.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10230
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES
(LELS), LOCAL 123 BARGAINING UNIT FOR THE YEAR 2009
Motion carried 5-0. This resolution appears as Resolution No. 10230.
Council Meeting Minutes -8- March 10, 2009
Item #15 CITY MANAGER'S REPORT
City Manager Devich reported on the recent staff position elimination status and early
retirement incentive package response. He added that City revenue options will be presented to
the City Council in the future.
Item #14 CLAIMS AND PAYROLL
M/Sandahl, S/UVroge that the following claims and payrolls be approved:
U.S. BANK 03-10-09
A/P Checks: 184098 - 184434
PAYROLL 56189 - 56520, 41414
$ 2,341,466.31
$ 490,454.37
TOTAL
Motion carried 5-0.
OPEN FORUM
None.
$ 2, 831, 920.68
The City Council meeting was adjourned by unanimous consent at 9:03 p.m.
Kecoramg Secretary t;ity ivianager