08-11-09 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
August 11, 2009
CALL TO ORDER
The meeting was called to order by Mayor Pro Tempore Sandahl at 7:01 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor (arrived at 8:10 p.m.); Sue Sandahl; Pat Elliott;
Fred Wroge; and Tom Fitzhenry.
V
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Community Development Director; Brad Sveum, Fire Services
Director; Chris Regis, Finance Manager; Karen Barton, Assistant
Community Development Director; Corrine Heine, City Attorney; and
Cheryl Krumholz, Recording Secretary.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Sandahl led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Wroge, S/Elliott to approve the minutes of (1) Special City Council Worksession of July
28, 2009; and (2) Regular City Council Meeting of July 28, 2009.
Motion carried 4-0.
Council Meeting Minutes -2- August 11, 2009
Item #1 ANNUAL MEETING WITH CIVIL SERVICE COMMISSION
Jerry Plagge, Civil Service Commission Chair, provided a report on the Commission's
activities and goals.
Item #2 I COUNCIL DISCUSSION
HATS OFF TO HOMETOWN HITS
DESIGNATION OF COUNCIL MEMBER(S) TO ATTEND NATIONAL
LEAGUE OF CITIES OF CONGRESS OF CITIES AND EXPOSITION
(COUNCIL MEMO NO. 133)
UPDATE REGARDING POTENTIAL CLOSURE OF RICHFIELD POST
OFFICE (COUNCIL MEMO NO. 134)
The City Council discussed the recent successful Night to Unite.
Council Member Elliott acknowledged the successful Penn Fest.
Council Member Elliott discussed fundraising efforts by the Richfield High School football
program.
Council Member Wroge discussed the progress of the new Lincoln Athletic Complex.
Council Member Fitzhenry acknowledged the success of the Urban Wildland Half Marathon
and 5K.
Council Member Fitzhenry discussed the crosswalk signs on 66th Street at Park Avenue for
increased pedestrian safety.
Council Member Fitzhenry acknowledged the efforts of Best Buy doing home maintenance
in the area of 68th Street and Cedar Avenue.
Council Member Fitzhenry reported on the recent announcement of the K-Mart closure at
65th Street and Lyndale Avenue.
The City Council tabled, to the September 22, 2009 meeting, discussion of attendance at
the League of Cities Congress of Cities and Exposition.
City Manager Devich discussed the potential closure of the Richfield Post Office.
Council Member Wroge suggested the Richfield Post Office site could be added to a
potential opportunity for a development site (Bridgeman's) if the post office was in a storefront
(vacant Snyder's) for the retail services, and the bulk delivery was discontinued.
Mayor Pro Tempore Sandahl suggested the City Council understand the postal delivery
process before making recommendations.
Council Meeting Minutes -3- August 11, 2009
Item #3 COUNCIL APPROVAL OF AGENDA
Mayor Pro Tempore Sandahl stated that Item #16 is removed from the agenda because the
financial terms of the project have changed.
M/Elliott, S/Fitzhenry to approve the agenda as amended.
Motion carried 4-0.
Item #4 CONSENT CALENDAR
A. Consideration of approval of continuing public hearing to September 8, 2009 regarding
modification to Redevelopment Plan for Richfield redevelopment project area; 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 S.R. No.154
B. Consideration of approval of resolution appointing Abisola Omiwade to Richfield Tourism
Promotion Board, Inc. for remainder of three-year term ending December 31, 2009 S.R.
No. 155
RESOLUTION NO. 10268
RESOLUTION APPOINTING REPRESENTATIVE
TO THE BOARD OF DIRECTORS OF
THE RICHFIELD TOURISM PROMOTION BOARD, INC.
This resolution appears as Resolution No. 10268.
C. Consideration of approval of purchase and installation of 1,922 feet of sanitary sewer lining
from Insituform Technologies USA, Inc. in amount of $55,636.80 S.R. No. 156
D. Consideration of approval of purchase of new control panel from Total Control Systems,
Inc. for sanitary lift station at Richfield Ice Arena in amount of $25,257 S.R. No. 157
E. Consideration of approval of amendment to Public Health Emergency Preparedness
contract for 2009-2010 with Minnesota Department of Health S.R. No. 158
F. Consideration of approval of authorizing City Manager to spend up to $40,000 for repairs
and improvements to Fire Station 2 due to water damage occurring on August 4, 2009
S.R. No. 159
M/Elliott, S/Fitzhenry to approve the Consent Calendar.
Motion carried 4-0.
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Council Meeting Minutes -4- August 11, 2009
None.
Item #6 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL
ASSESSMENT ROLL FOR 2008 REMOVAL OF DISEASED TREES FROM
PRIVATE PROPERTY S.R. NO. 160
Mayor Pro Tempore Sandahl presented Staff Report No. 160.
M/Wroge, S/Elliott to close public hearing.
Motion carried 4-0.
M/Sandahl, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10269
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2008 TO DECEMBER 31, 2008
Motion carried 4-0. This resolution appears as Resolution No. 10269.
Item #7 PUBLIC HEARINGS REGARDING RESOLUTIONS ADOPTING SPECIAL
ASSESSMENT ROLLS FOR 2008 MAINTENANCE SERVICES AND
RESOLUTIONS ORDERING CURRENT 2010 MAINTENANCE SERVICES
A. 77TH STREET MAINTENANCE S.R. NO. 161
Mayor Pro Tempore Sandahl presented Staff Report No. 161.
M/Wroge, S/Elliott to close public hearing.
Motion carried 4-0.
Public Works Director Eastling explained how the cost estimates are determined.
M/Sandahl, S/Wroge that the following resolutions be adopted and that thev be made part of
these minutes:
RESOLUTION NO. 10270
RESOLUTION ADOPTING ASSESSMENT ON
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1 -DECEMBER 31, 2008
This resolution appears as Resolution No. 10270.
Council Meeting Minutes -5- August 11, 2009
RESOLUTION NO. 10271
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE
PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH
DECEMBER 31, 2010
This resolution appears as Resolution No. 10271.
Motion carried 4-0.
B. LYNDALE/HUB/NICOLLET MAINTENANCE S.R. NO. 162
Mayor Pro Tempore Sandahl presented Staff Report No. 162.
M/Wroge, S/Fitzhenry to close public hearing.
Motion carried 4-0.
M/Sandahl, S/Wroge that the following resolutions be adopted and that then be made part of
these minutes:
RESOLUTION NO. 10272
RESOLUTION ADOPTING ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE
PERIOD JANUARY 1 THROUGH DECEMBER 31, 2008
This resolution appears as Resolution No. 10272.
RESOLUTION NO. 10273
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE
PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1 THROUGH DECEMBER 31, 2010
This resolution appears as Resolution No. 10273.
Motion carried 4-0.
Item #8 PUBLIC HEARING AND SECOND READING OF ORDINANCE MODIFYING
ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER DBA XCEL
ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN CITY OF RICHFIELD
AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE
S.R. NO. 163
Council Member Fitzhenry presented Staff Report No. 163.
Larry Wozniczka, 6744 Wentworth Avenue, spoke. in opposition to the franchise fees and
encouraged the City Council to place the revenue source for these projects on property taxes.
M/Wroge, S/Fitzhenry to close public hearing.
Council Meeting Minutes -6- August 11, 2009
Motion carried 4-0.
Council Member Wroge questioned if foreclosed properties paid franchise fees.
Finance Manager Regis explained the fee is based on the number of meters.
City Manager Devich added that staff will confirm the use of utilities by foreclosed
properties.
taxes.
Council Member Elliott stated he recognized the benefit of franchise fees being on property
Finance Manager Regis explained all properties pay the fee including those that do not pay
property taxes.
Council Member Wroge requested staff provide a list of properties that pay the franchise
fee.
M/Fitzhenry, S/Sandahl that this constitutes the second reading of Bill No. 2009-13
modifvinq electric franchise fee on Northern States Power dba Xcel Energv for providing electric
service within the City of Richfield, 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. 10274
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE AMENDMENT TO APPENDIX E OF THE RICHFIELD
CITY CODE WHICH PERTAINS TO THE FRANCHISE ORDINANCE
Motion carried 4-0. This resolution appears as Resolution No. 10274.
Item #9 PUBLIC HEARING AND SECOND READING OF ORDINANCE MODIFYING GAS
FRANCHISE FEE ON CENTERPOINT ENERGY FOR PROVIDING GAS SERVICE
WITHIN CITY OF RICHFIELD AND RESOLUTION AUTHORIZING SUMMARY
PUBLICATION OF ORDINANCE S.R. NO. 164
Council Member Elliott presented Staff Report No. 164.
M/Wroge, S/Sandahl to close public hearing.
Motion carried 4-0.
M/Elliott, S/Sandahl that this constitutes the second reading of Bill No. 2009-14 modifvinq
gas franchise fee on Centerpoint Energv for providing gas service within the Citv of Richfield 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:
Council Meeting Minutes -7- August 11, 2009
RESOLUTION NO. 10275
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE AMENDMENT TO APPENDIX E OF THE RICHFIELD
CITY CODE WHICH PERTAINS TO THE FRANCHISE ORDINANCE
Motion carried 4-0. This resolution appears as Resolution No. 10275.
Item #10 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO
CITY ADMINISTRATIVE CODE CHAPTER 1, SUBSECTION 100.07 ADOPTING
REFERENCE TO MINNESOTA STATUTES AND RULES S.R. NO. 165
Council Member Wroge presented Staff Report No. 165.
M/Wroge, S/Sandahl that this constitutes the second reading of Bill No. 2009-15 approving
amendment to City Administrative Code Chapter 1, Subsection 100.07 adopting reference to
Minnesota Statutes and Rules, that it be published in the official newspaper and that it be made
part of these minutes.
Motion carried 4-0.
Item #11 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO
PAWNBROKER CODE, SUBSECTION 1187.43, RELATING TO CHANGING AGE
LIMIT FROM 21 TO 18 YEARS FOR PAWN TRANSACTIONS S.R. NO. 166
Mayor Pro Tempore Sandahl presented Staff Report No. 166.
M/Sandahl, S/Wroge that this constitutes the second reading of Bill No. 2009-16 approving
amendment to Pawnbroker Code, Subsection 1187.43 relating to changing age limit from 21 to 18
years for pawn transactions, that it be published in the official newspaper and that it be made part
of these minutes.
Motion carried 4-0.
Item #12 I CONSIDERATION OF:
RESOLUTION AMENDING CITY'S COMPREHENSIVE PLAN AT 301 77TH
STREET WEST FROM REGIONAL COMMERCIAL/OFFICE TO HIGH
DENSITY RESIDENTIAL AND SOUTH PORTION OF 7700 PILLSBURY
AVENUE SOUTH FROM HIGH DENSITY RESIDENTIAL TO MEDIUM-HIGH
DENSITY RESIDENTIAL; AND
FIRST READING OF ORDINANCE AMENDING APPENDIX 1 OF CITY
CODE BY REZONING 301 WEST 77TH STREET FROM MIXED USE-
REGIONAL TO MIXED USE-COMMUNITY S.R. NO. 167
Council Member Fitzhenry presented Staff Report No. 167.
Council Meeting Minutes -8- August 11, 2009
Council Member Wroge expressed concern that the land was being changed without an
offer on the land yet.
Community Development Director Stark stated this is a typical process. He also explained
the acquisition intention of Accessible Space Inc.; (ASi) and Twin City Christian Homes (TCCH).
Dan Billmark, ASi, stated HUD requires a letter of permissive zoning for site control prior to
making application for HUD funding.
Council Member Wroge questioned these changes being "spot zoning."
City Attorney Heine explained that, in her opinion, the proposed property zoning is
acceptable. At a future date, if the City Council chooses to change zoning, the City Council makes
that determination at that time. She added the zoning code was changed previously because it
was determined onerous to development.
City Attorney Heine stated the Comprehensive Plan amendment requires a super majority
vote of the City Council, zoning does not.
Mayor Goettel arrived at this time..
Council Member Elliott expressed his concern that there is not adequate time to review this
proposed project. He stated he shared the concerns of the three Planning Commission members
who did not support the project.
Council Member Sandahl stated this is first reading so this item will be before the City
Council again ,and to the Metropolitan Council for their approval. She expressed support for the
project because it provides housing to unique citizens and is an asset to the community.
M/Fitzhenry, S/Sandahl to approve first reading of ordinance amending Appendix 1 of City
Code by rezoning 301 West 77th Street from Mixed Use-Regional to Mixed Use-Community and
that the following resolution be adopted and that it be made part of these minutes:
RESOLUTION NO. 10276
RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN
AT 301 77TH STREET WEST FROM REGIONAL
COMMERCIAL/ OFFICE TO HIGH DENSITY RESIDENTIAL AND
FOR THE SOUTHERN PORTION OF 7700 PILLSBURY AVENUE
SOUTH FROM HIGH DENSITY RESIDENTIAL TO
MEDIUM-HIGH DENSITY RESIDENTIAL
Motion carried 4-1. (Wroge oppose) This resolution appears as Resolution No. 10276.
Item #13 CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE
AUTHORIZING SALE OF REAL PROPERTY AT 7700 PILLSBURY AVENUE
(SOUTH PORTION ONLY) AND SCHEDULING SECOND READING FOR
SEPTEMBER 8, 2009 S.R. NO. 168
Council Member Elliott presented Staff Report No. 168.
Council Meeting Minutes -9- August 11, 2009
Council Member Wroge questioned the. number of years for the TIF payoff.
Community Development Director Stark explained there was a law changing TIF housing
districts to 25 years.
Community Development Director Stark explained the property valuation process including
an appraisal and shadow value and the impact on the property since 2005. He also discussed the
option agreement related to the value, TIF, and upfront proceeds.
M/Elliot, S/Fitzhenry to approve first reading of transitory ordinance authorizing sale of real
property at 7700 Pillsbury Avenue (south portion only) and scheduling second reading for
September 8. 2009.
Motion carried 4-1. (Wroge oppose)
Item #14 CONSIDERATION OF RESOLUTION AUTHORIZING SUBDIVISION FOR
FORMER CITY MAINTENANCE FACILITY AT 7700 PILLSBURY AVENUE INTO
TWO SEPARATE TAX PARCELS; PARCEL NORTH OF 77TH STREET AND
PARCEL SOUTH OF 77TH STREET S.R. NO. 169
Council Member Sandahl presented Staff Report No. 169.
Community Development Director Stark stated there is a construction proposal from Ron
Clarke for the north portion, including the mortuary and some homes, but there are site assembly
issues.
M/Sandahl, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10277
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
FOR 7700 PILLSBURY AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 10277.
Item #15 CONSIDERATION OF RESOLUTION AMENDING PLANNED UNIT
DEVELOPMENT, FINAL DEVELOPMENT PLAN, AND CONDITIONAL USE
PERMIT TO ALLOW CONVERSION OF RETAIL SPACE TO 12 ADDITIONAL
RESIDENTIAL UNITS AT 700 66TH STREET WEST AND 6501 WOODLAKE
DRIVE; MARKET PLAZA/VILLAGE SHORES S.R. NO. 170
Council Member Elliott presented Staff Report No. 170.
M/Elliott, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
Council Meeting Minutes -10- August 11, 2009
RESOLUTION NO. 10278
RESOLUTION AUTHORIZING AN AMENDMENT
TO THE PLANNED UNIT DEVELOPMENT,
FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT
TO ALLOW THE CONVERSION OF RETAIL SPACE
TO 12 ADDITIONAL RESIDENTIAL UNITS
AT 700 66TH STREET WEST AND 6501 WOODLAKE DRIVE
Motion carried 5-0. This resolution appears as Resolution No. 10278.
Item #16 CONSIDERATION OF REVISED CEDAR POINT II SENIOR HOUSING
DEVELOPMENT PROPOSAL BY LANG NELSON S.R. NO. 171
This item was removed from the agenda.
Item #17 CONSIDERATION OF ENTERING LEASE NEGOTIATIONS FOR USE OF
IDENTIFIED FUTURE REMNANT PARCEL AT 1710 EAST 78TH STREET;
NORMARK SITE S.R. NO. 172
Council Member Wroge presented Staff Report No. 172.
Public Works Director Eastling stated the significant parking lot repair will be part of
negotiations.
M/Wroge, S/Goettel to approve entering lease negotiations for use of identified future
remnant parcel at 1710 East 78th Street; Normark site.
Motion carried 5-0.
Item #18 CITY MANAGER'S REPORT
City Manager Devich reported on the process of the Lyndale Avenue bridge project.
Item #19 CLAIMS AND PAYROLL
M/Wroge, S/Sandahl that the following claims and payrolls be approved:
Council Meeting Minutes -11- August 11, 2009
U.S. BANK 08-11-09
A/P Checks: 187643 - 188039
PAYROLL 59927 - 60305,41454 - 41455
TOTAL
Motion carried 5-0.
OPEN FORUM
None.
$ 3,273,374.18
$ 531, 345.01
$ 3,804,719.19
The City Council meeting was adjourned by unanimous consent at 8:37 p.m.
Date Approved: August il, 2009
d`
Cheryl rumh Iz
Recording Secretary
City Manager