06-09-09 RegularCITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
June 9, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 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; John Stark, Community Development
Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation
Services Director; Chris Regis, Finance Manager; Kristin Asher, City
Engineer; Betsy Osborn, Health Administrator; Corrine Heine, City
Attorney; and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
Susan Rosenberg, 6633 Thomas Avenue, announced the Richfield Beautiful Home &
Garden Tour on June 20.
Charles Ekstrum, 7001 - 3rd Avenue, addressed the City Council regarding traffic issues,
including speeding, pedestrian crossing, and the bike path on 70th Street between the Richfield
Senior and Junior High schools.
Greg Burt, 6435 Oliver Avenue, Burt's Disposal representative, expressed his concerns
regarding the City Council's potential change in the organized collection of garbage in Richfield
and its detrimental impact on his family-owned business.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Council Meeting Minutes -2- June 9, 2009
APPROVAL OF MINUTES
M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council Worksession of
Mav 26 2009 (2) Regular City Council Meeting of Mav 26, 2009; and (3) Special City
Council/CHAT III Meeting of Mav 28, 2009.
Motion carried 5-0.
Item #1 PRESENTATION OF GENE AND MARY JACOBSEN CITIZEN OF YEAR
AWARD TO TERRY BUMGARNER (COUNCIL MEMO NO. 97)
John Gomez, Human Rights Commission Chair, presented the Gene and Mary Jacobsen
Citizen of the Year Award to Terry Bumgarner.
Mayor Goettel presented a certificate of recognition to Ms. Bumgarner.
Item #2 ANNUAL MEETING WITH HUMAN RIGHTS COMMISSION
John Gomez, Human Rights Commission Chair, and Joan Kraft, Human Rights
Commission Vice Chair, provided a report with the Commission's activities and goals.
Item #3 PRESENTATION AND CONSIDERATION OF RESOLUTION ADOPTING 2009-
2014COMMUNITY HEALTH ASSESSMENT AND ACTION PLAN FOR CITY
OF RICHFIELD {S.R. NO. 107)
Karen Zeleznak, Bloomington Public Health Director, presented the Community Health
Assessment and Action Plan.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10249
RESOLUTION AUTHORIZING CITY COUNCIL APPROVAL OF A
RESOLUTION TO APPROVE THE 2009-2014 COMMUNITY HEALTH
ASSESSMENT AND ACTION PLAN FOR THE CITY OF RICHFIELD
Motion carried 5-0. This resolution appears as Resolution No. 10249.
Council Meeting Minutes -3-
June 9, 2009
Item #4 PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION
DISTINGUISHED BUDGET AWARD TO FINANCE MANAGER CHRIS REGIS
(COUNCIL MEMO NO. 98)
Mayor Goettel presented the Government Finance Officers Association Distinguished
Budget Award to Finance Manager Regis.
Item #5 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Fitzhenry reported, on the successful Face2Face event with police and
youth.
Council Member Fitzhenry reported on the Safety Day event.
The City Council consensus was to have t-shirts designed for them to wear during the July
4 parade.
Council Member Wroge discussed the Adopt-A-House program to address property
maintenance issues, especially long grass, on vacant and/or foreclosed homes.
Council Member Wroge discussed the legality of removing signs from poles and boulevard
trees in the right of way.
The City Council consensus was to tour four new City Council Chambers prior to discussing
the layout of the Chambers in the new Richfield City Hall.
Mayor Goettel requested the City Council be informed of the effectiveness of the recent
gypsy moth spraying in Richfield.
Mayor Goettel discussed a pilot program to address traffic concerns at 64th Street and
16th/17th Avenues.
City Engineer Asher explained discussion of traffic calming options for this area is
scheduled for the next City Council worksession.
Council Member Wroge stated Minneapolis should be encouraged to use Bloomington
Avenue and the roundabout to eliminate cut through traffic.
Council Member Elliott reported on the well-attended Planning Commission walking tour of
Penn Avenue/66th Street area.
Item #6 COUNCIL APPROVAL OF AGENDA
Council Meeting Minutes -4-
June 9, 2009
Mayor Goettel removed Item #7E for consideration at a future meeting and moved Item #7D
to Item #8 for separate consideration.
M/Wroge, S/Elliott to approve the agenda as amended.
Motion carried 5-0.
Item #7 CONSENT CALENDAR
A. Consideration of approval of resolution updating procedures and criteria for deferment of
special assessments against owner occupied homestead properties in hardship cases for
qualifying homeowners S.R. No. 108
RESOLUTION NO. 10250
RESOLUTION ESTABLISHING PROCEDURES FOR DEFERMENT
OF SPECIAL ASSESSMENTS AGAINST OWNER-OCCUPIED
HOMESTEAD PROPERTIES IN HARDSHIP CASES FOR
QUALIFYING OWNERS
This resolution appears as Resolution No. 10250.
B. Consideration of approval of resolution authorizing City Council not to waive monetary
limits on statutory municipality tort liability S.R. No. 109
RESOLUTION NO. 10246
RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS
ESTABLISHED BY MINNESOTA STATUTES 466.04
This resolution appears as Resolution No. 10246.
C. Consideration of approval of resolution amending conditional use permit to allow
construction of additional parking area at 6601 Portland Avenue S.R. No. 110
RESOLUTION NO. 10251
RESOLUTION APPROVING AN AMENDMENT TO A CONDITIONAL
USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW
PARKING AREA AT 6601 PORTLAND AVENUE AND
6600 OAKLAND AVENUE
This resolution appears as Resolution No. 10251.
D. This item was moved for separate consideration as Item #8.
E. This item was removed from the agenda for consideration at a future meeting.
F. Consideration of approval of bid minutes/tabulation and award of contract to Ron Kassa
Construction, Inc. for 2009 curb and gutter and miscellaneous concrete repair in amount of
$90,350 S.R. No. 113
G. Consideration of approval of bid minutes/tabulation and award of contract to Pearson
Bros.,lnc. for 2009 street sealcoating work in amount of $507,154.20 S.R. No. 114
Council Meeting Minutes -5- June 9, 2009
The City Council voted unanimously to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Former Item #7D -Consideration of resolution calling public hearing for:
• modification to Redevelopment Plan for Richfield Redevelopment Project Area;
and
• modification to tax increment financing plan for Interstate-Lyndale-Nicollet Tax
Increment Financing District; and
• proposed establishment of 2009-1 (Section 202) and 2009-2 (Section 811) Tax
Increment Financing District
all relating to Accessible Space Inc. and Twin City Christian Homes Project; 301
West 77th Street and south portion only of 7700 Pillsbury Avenue S.R. No. 111
Mayor Goettel presented S.R. No. 111.
Council Member Wroge stated the value of the land needs to be known before action is
taken. He expressed concern regarding the developer asking the City to donate the land.
City Manager Devich explained that the City Council action tonight is calling for a public
hearing. Staff is preparing a thorough cost benefit analysis with four comparison scenarios. If the
City Council decides the project is not to proceed, the public hearing can be cancelled. Staff time
so far has been spent on the cost analysis.
Community Development Director Stark explained the required timing of the public
hearing. He also explained the scenario comparisons being prepared.
Council Member Elliott stated he did not appreciate the tight timeline of the project
developers because after reviewing the cost benefit analysis, more time may be needed before
making a decision.
City Manager Devich responded that there are times that staff does work on a project and
then the project does not move forward.
Community Development Director Stark added that incremental decision making is the
nature of development projects.
Council Member Sandahl stated planning and development are difficult. She supported
receiving a cost benefit analysis.
Mayor Goettel stated the shadow value of the sites are important.
Council Member Wroge said this may be a good project but maybe not for Richfield. He
suggested developers, not just the Hennepin County appraisal, be included in the analysis.
Community Development Director Stark responded that developers base land value on
appraisals.
Council Meeting Minutes -6- June 9, 2009
Council Member Wroge said he did not support giving the land to the developer. The
former maintenance facility has not been on the market previously.
Council Member Wroge continued that maybe the HRA should give up the administrative
fee on tax increment districts to make the numbers work.
City Manager Devich stated the analysis addresses some of the City Council's concerns.
City Manager Devich explained the recent zoning changes and the potential tax increment
stream to the City.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10252
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY
COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO
THE REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT
PROJECT AREA; THE PROPOSED MODIFICATION TO THE TAX
INCREMENT FINANCING PLAN FOR THE INTERSTATE-LYNDALE-
NICOLLET TAX INCREMENT FINANCING DISTRICT; AND THE
PROPOSED ESTABLISHMENT OF HUD 202 AND HUD 811 TAX
INCREMENT FINANCING DISTRICTS, AND THE ADOPTION OF TAX
INCREMENT FINANCING PLANS THEREFORE
Motion carried 5-0. This resolution appears as Resolution No. 10252.
Item #9 CONSIDERATION OF TRANSPORTATION COMMISSION'S CONCEPTS B & B2
RECOMMENDATIONS FOR FUTURE REBUILDING OF PORTLAND, NICOLLET,
LYNDALE, AND PENN AVENUES RESULTING FROM RICHFIELD ARTERIALS
STUDY S.R. NO. 115
Council Member Sandahl presented Staff Report No. 115.
City Engineer Asher explained the differences between the concepts and the design
process, including public involvement.
Council Member Wroge expressed concerns regarding the option of parking on these
streets.
City Engineer Asher explained the Transportation Commission did not consider parking as
a community value. Hennepin County will consider parking if there is a good reason. Plowing will
require right of way taking and driveway safety issues are concerns.
Council Member Fitzhenry questioned the option to return back to four lanes if it is found
the three lane conversion does not improve traffic flow.
City Engineer Asher explained the lanes could be re-striped.
Council Meeting Minutes -7- June 9, 2009
Council Member Sandahl stated the Transportation Commission was assured by an in-
depth study and Hennepin County's agreement that there is safer traffic flow with a four lane to
three lane conversion.
M/Sandahl, S/Goettel to approve the Transportation Commission's Concepts B & B2
recommendations for future rebuilding of Portland Nicollet Lyndale and Penn Avenues resulting
from Richfield Arterials Study.
Motion carried 5-0.
Item #10 CONSIDERATION OF RESOLUTION AMENDING 2010-2013 CAPITAL
IMPROVEMENT PLAN TO INCLUDE ADDITIONAL PORTLAND AVENUE
RECONSTRUCTION AND 66TH STREET EAST RECONSTRUCTION S.R. NO. 116
Council Member Wroge presented Staff Report No. 116.
M/Wroge, S/Sandahl to approve the resolution amending the 2010-2013 Capital
Improvement Plan to include additional Portland Avenue reconstruction and 66th Street East
reconstruction.
Council Member Wroge suggested there be consistency from 62nd Street to 494 on
Portland Avenue and 66th Street from Portland Avenue to Cedar Avenue.
City Engineer Asher explained the project area definitions and limits.
An HRGreen representative explained the study did not include a change to that roadway
but there could be coordination with Minneapolis and Bloomington as the project occurs. The limits
could be extended to rebuild in-kind.
City Engineer Asher reviewed the project financial summary forms.
Council Member Wroge stated he believed it inappropriate for Hennepin County to not pay
for work done on their own roads.
City Engineer Asher discussed the potential Hennepin County funding and use of MSA
funds.
Mayor Goettel stated counties have also received severe budget cuts and funding is a
Hennepin County policy decision.
M/Wroge, S/Sandahl to amend the motion to have the plan include reconstruction of
Portland Avenue between 62nd Street and 77th Street and reconstruction of 66th Street between
Portland Avenue and Richfield Parkway and that the following resolution be adopted and that it be
made part of these minutes:
RESOLUTION NO. 10247
RESOLUTION AMENDING THE 2009-2013 CAPITAL IMPROVEMENT
PLAN TO INCLUDE ADDITIONAL IMPROVEMENT PROJECTS
Motion carried 5-0. This resolution appears as Resolution No. 10247.
Council Meeting Minutes -8- June 9, 2009
Item #11 CONSIDERATION OF RESOLUTION AUTHORIZING SUBMISSION OF GRANT
APPLICATIONS FOR FEDERAL SURFACE TRANSPORTATION PROGRAM
FUNDS INCLUDING PORTLAND AVENUE RECONSTRUCTION AND 66TH
STREET EAST RECONSTRUCTION S.R. NO. 117
Council Member Elliott presented Staff Report No. 117.
Council Member Elliott stated this action includes the extended reconstruction area as
approved in the previous item.
M/Elliott, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION. NO. 10248
RESOLUTION AUTHORIZING SUBMISSION OF GRANT
APPLICATIONS FOR FEDERAL SURFACE TRANSPORTATION
PROGRAM FUNDS
Motion carried 5-0. This resolution appears as Resolution No. 10248.
Item #12 CITY MANAGER'S REPORT
None.
Mayor Goettel reported on her recent meeting with Hennepin County Commissioner Randy
Johnson regarding funding for the 77th Street tunnel.
Item #13 CLAIMS AND PAYROLL
M/Sandahl, S/Wroge that the following claims and payrolls be approved:
U.S. BANK 06-09-09
A/P Checks: 186163 - 186498
PAYROLL 58118 - 58444, 41428 - 41430
TOTAL
Motion carried 5-0.
OPEN FORUM
None.
$ 1,271,706.85
$ 497,069.73
$ 1,768,776.58
The City Council meeting was adjourned by unanimous consent at 9:12 p.m.
Council Meeting Minutes -9-
Date Approved: dune 23, 2009
Cheryl Kr mholz
Recording Secretary
June 9, 2009
City Manager