11-10-09 RegularJ
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 10, 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; Pat Elliott; Fred Wroge; and Tom Fitzhenry.
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; Corrine Heine, City
Attorney; and Cheryl Krumholz, Recording Secretary.
MfWroge, S/Fitzhenry to determine the absence of Council Member Sandahl from the
Special City Council Worksession and Regular City Council Meeting of November 10, 2009 as an
excused absence.
Motion carried 4-0.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Council Meeting Minutes -2- November 10, 2009
APPROVAL OF MINUTES
M/Elliott, S/Wroge to approve the minutes of (1) Special City Council Meeting of October
22, 2009; (2) Special City Council Meeting of October 27, 2009; (3) Special City Council
Worksession of October 27, 2009; (4) Regular City Council Meeting of October 27, 2009; and (5)
Special Citv Council Closed Executive Session of November 2. 2009.
Motion carried
Item #1 ANNUAL MEETING WITH ARTS COMMISSION
Judy Goebel and Ellen Stinger, Arts Commission Co-Chairs, provided a report on the
Commission's activities and goals.
Item #2 ANNUAL MEETING WITH COMMUNITY SERVICES COMMISSION
Gary Ness, Community Services Commission Chair, provided a report on the Commission's
activities and goals.
Item #3 PRESENTATION OF FINAL REPORT FROM PROPERTY EXCELLENCE
TASK FORCE
Patrick Howard, Chair, and Bill Kilian, Vice-Chair, made a final report from the Property
Excellence Task Force.
force.
Mr. Howard suggested the City Council consider the continuation of some form of the task
The City Council requested discussion of the task force continuation and prioritizing the
group's recommendations be scheduled for the annual goalsetting session.
Item #4 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Fitzhenry acknowledged all veterans for their past and current service.
Recreation Services Director Topitzhofer provided an update on the Honoring All Veterans
Memorial site.
Mayor Goettel announced the December 3 Friends of Wood Lake dinner..
Council Meeting Minutes -3- November 10, 2009
Item #5 COUNCIL APPROVAL OF AGENDA
M/Elliott, S/Wroge to approve the agenda.
Motion- carried 4-0.
Item #6 CONSENT CALENDAR
A. Consideration of approval of resolution granting subdivision waiver, including a setback
contingency, for 6841 Grand Avenue into two single-family lots S.R. No. 213
RESOLUTION NO. 10303
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
6841 GRAND AVENUE
This resolution appears as Resolution No. 10303.
B. Consideration of approval of resolution authorizing summary publication of ordinance
amending Appendix D of Richfield City Code, establishing fee schedule for certain permits
and applications S.R. No.214
RESOLUTION NO. 10304
RESOLUTION APPROVING SUMMARY PUBLICATION OF
BILL NO. 2009-19
This resolution appears as Resolution No. 10304.
C. Consideration of approval of closing Community Development Block Grant Fund and return
residual assets to Hennepin County S.R. No. 215
D. Consideration of approval of change order to Gundlach Champion for $247,555.02 net
reduction to close out Public Works maintenance facility project S.R. No. 216
E. Consideration of approval of Water Supply and Distribution Plan for Utility Division of City of
Richfield S.R. No. 217
F. Consideration of approval of purchase and initial implementation of City Works, asset
management software system, for Public Works Department from SEH, Inc. in amount not
to exceed $65,000 S.R. No. 218
G. Consideration of approval of contract change order #12 to install additional border curbing
and sub-grade excavation for play equipment container in amount of $2,792.90; Lincoln
Athletic Complex S.R. No. 219
H. Consideration of approval of scheduling public hearing on December 8, 2009 for renewal of
pawnbroker and secondhand goods dealer licenses for 2010 for Metro Pawn and Gun, Inc.
and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry S.R. No. 220
I. Consideration of approval of scheduling public hearing on December 8, 2009 for renewal of
on-sale wine and on-sale 3.2 percent malt liquor licenses for 2010 for Red Pepper Chinese
Restaurant, Thompson's Fireside Pizza, Chipotle Mexican Grill of Colorado, LLC d/b/a
Chipotle Mexican Grill; Patrick's Bakery & Cafe; Lariat Lanes; and The Noodle Shop-
Colorado, Inc. d/b/a Noodles and Company S.R. No. 221,
Council Meeting Minutes -4- November 10, 2009
J. Consideration of approval of scheduling public hearing on December 8, 2009 for renewal of
on-sale intoxicating and Sunday liquor licenses for 2010 for Khan's Mongolian Barbeque;
Champps Operating Corporation d/b/a Champp's Restaurant; Minneapolis-Richfield
American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and
Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Wiltshire Restaurants, LLC
d/b/a Houlihan's Restaurant & Bar; The Frenchman's; EI Tejaban Mex. Grill; and Jun Bo
Chinese Restaurant S.R. No. 222
K. Consideration of approval of request for renewal of currency exchange licenses for New
Unbank Company, LLC; 6421 Penn Avenue; and Los Gallos 12, Inc., 6539-B 14th Avenue
S.R. No. 223
Council Member Wroge asked about the setback requirements for Item #6A.
Community Development Director Stark explained the requirements and that consistency is
encouraged.
City Attorney Heine stated the City Council could place a condition on the subdivision or
continue the item for further discussion.
M/Goettel, S/Elliott to approve the Consent Calendar as amended.
Motion carried 4-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #8 PUBLIC HEARING REGARDING RESOLUTION AUTHORIZING CITY OF
RICHFIELD TO ACT AS FISCAL AGENT FOR $1 MILLION LOAN BETWEEN MN
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT AND
COMLUX AMERICA, LLC S.R. NO. 2224
Council Member Fitzhenry presented Staff Report No. 224.
M/Wroge, S/Goettel to close public hearing.
Motion carried 4-0.
M/Fitzhenry, S/Elliott that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10305
RESOLUTION REGARDING LOCAL GOVERNMENT ECONOMIC
DEVELOPMENT PROGRAM
Motion carried 4-0. This resolution appears as Resolution No. 10305.
Council Meeting Minutes -5- November 10, 2009
Item #9 CONSIDERATION OF SECOND READING OF ORDINANCE RELATING TO
DISTRICT WINTER QUARTER BILLING AMENDING SECTION 705 OF
RICHFIELD CITY CODE S.R. NO. 225
Council Member Fitzhenry presented Staff Report No. 225.
M/Fitzhenry, S/Wroge that this constitutes the second reading of Bill No. 2009-20 amending
Section 705 of Richfield City Code relating to district winter quarter billing, that it be published in
the official newspaper and that it be made part of these minutes.
Motion carried 4-0.
Item #10 CONSIDERATION OF AUTHORIZING TWO-YEAR USE AND INDEMNIFICATION
AGREEMENT BETWEEN CITY OF RICHFIELD AND TOM PRICE FOR RENTAL
OF 4,690 SQUARE FOOT STRIP OF LAND ALONG EDGE OF LINCOLN FIELD
S.R. NO. 226
Council Member Wroge presented Staff Report No. 226.
M/Wroge, S/Goettel to approve authorizing two-year use and indemnification agreement
between City of Richfield and Tom Price for rental of 4,690 square foot strip of land along edge of
Lincoln Field.
Motion carried 4-0.
Item #11 CONSIDERATION OF RESOLUTION AUTHORIZING MAJOR SITE PLAN
AMENDMENT ALLOWING 9,600 SQUARE FOOT ADDITION TO ECOSMARTE
BUILDING AT 1600 78TH STREET EAST S.R. NO. 227.
Council Member Elliott presented Staff Report No. 227.
Larry Couture, Jr., applicant, discussed the addition plans to showcase technology.
Council Member Wroge questioned the site possibly becoming rental.
Community Development Director Stark stated the code is met for rental property.
M/Elliott, SM/roge that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10306
RESOLUTION GRANTING APPROVAL
OF A MAJOR SITE PLAN AMENDMENT FOR
1600 78TH STREET EAST
Council Meeting Minutes -6- November 10, 2009
Motion carried 4-0. This resolution appears as Resolution No. 10306.
Item #12 CONSIDERATION OF RESOLUTION AUTHORIZING AMENDMENT TO OPTION
AGREEMENT WITH ACCESSIBLE SPACE, INC. FOR REDEVELOPMENT OF
7700 PILLSBURY AVENUE, SOUTH PORTION OF FORMER PUBLIC WORKS
GARAGE SITE S.R. NO. 228
Mayor Goettel presented Staff Report No. 228.
M/Goettel, S/Fitzhenry to approve the resolution authorizing an amendment to the option
agreement with Accessible Space Inc. for redevelopment of 7700 Pillsbury Avenue south portion of
former Public Works garage site.
Council Member Wroge expressed concerns regarding the reduced number of units and the
impact on the projected tax value, being rushed, not having the documents to review upon which to
base the one appraisal, disregard for the shadow value, and the lack of marketing of the site. He said
he did not support the amendment because he believed the City could do better with this valuable
property. He added the project is commendable but not~at this location.
Council Member Elliott stated he shared some of Council Member Wroge's concerns. He said
he was not confident with the true value of the property because comparable information has not
been reviewed.
Community Development Director Stark explained it is standard practice to include the
appraisal with the staff report but some data is private.
City Attorney Heine stated the City Council can have access to the data and suggested this
item be continued to allow time for City Council review of the appraisal.
Dan Billmark, Accessible Space, Inc., said tabling may kill the project.
City Manager Devich stated this is a City Council decision, regardless of the time sensitivity,
and there is now different information to consider.
Community Development Director Stark explained the appraisal considers the best use of the
property. He also discussed the Comprehensive Plan and zoning for the site. He added the letter of
the law is met but the intent is a City Council decision.
Council Member Elliott stated opposition to the amendment without due diligence on the
appraisal.
Council Member Fitzhenry asked about the difference in taxes collected.
Community Development Director Stark responded the federal government determined ten
units as more appropriate for Minnesota. He discussed the tax impacts.
Mayor Goettel stated she believed this was a marginal project and appeared rushed. She
expressed concern the site was not marketed and not the best use of the land.
Mr. Billmark urged the City Council to proceed with the project.
Council Meeting Minutes -7- November 10, 2009
Motion failed 0-4.
Item #13 CONSIDERATION OF RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR NEW
POLICE/FIRE/CITY HALL FACILITY S.R. NO. 229
Council Member Wroge presented Staff Report No. 229.
M/Wroge, S/Goettel that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10308
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
FOR A NEW POLICE/FIRE/CITY HALL FACILITY
Motion carried 4-0. This resolution appears as Resolution No. 10308.
Item #14 CONSIDERATION OF RESOLUTION GRANTING CONTRACTING AUTHORITY
TO CITY MANAGER FOR NEW POLICE/FIRE/CITY HALL FACILITY S.R. NO. 230
Council Member Elliott presented Staff Report No. 230.
M/Elliott, S/Wroge that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10309
RESOLUTION CONCERNING CONTRACTING
AUTHORITY OF THE CITY MANAGER
Motion carried 4-0. This resolution appears as Resolution No. 10309.
Item #15 CITY MANAGER'S REPORT
City Manager Devich discussed the Council Memo requesting the City Council consider
naming the new Police/Fire/City Hall facility the Richfield Municipal Center.
The City Council requested the memo be re-issued for consideration.
Item #16 CLAIMS AND PAYROLL
Council Meeting Minutes -8- November 10, 2009
M/Wroge, S/Elliott that the following claims and payrolls be approved:
U.S. BANK 11-10-09
A/P Checks: 189957 - 190282
PAYROLL 61978 - 62297; 41459
TOTAL
Motion carried 4-0.
OPEN FORUM
None.
$ 1,049,717..22
$ 543,733.65
$ 1,593,450.87
The City Council meeting was adjourned by unanimous consent at 8:46 p.m
Date Approved: November 10, 2009
ie~oettel
r
Cheryl Krumholz ~" ~ ,,,,,_...5#~et/en L. Devi
Recording Secretary '"~ City Manager