07-13-10 RegularCITY COUNCIL MEETING MINUTES
~ Richfield, Minnesota
Regular Meeting
July 13, 2010
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; Fred Wroge; Tom Fitzhenry; and Pat
Elliott.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Brad Sveum, Fire Services
Director; Pam Dmytrenko, Assistant to the City Manager; Melissa
Poehlman, City Planner; Corrine Heine, City Attorney; and Cheryl
Krumholz, Recording Secretary.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Fitzhenry, S/Wroge
Motion carried 5-0.
Item #1 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
The City Council acknowledged the success of the July 4 activities and events.
Council Meeting Minutes -2- July 13, 2010
Council Member Fitzhenry acknowledged the importance of the input from citizens related
to the recent home eviction on 65th Street and 15th Avenue.
Council Member Sandahl acknowledged the success of the Richfield Ambassador
coronation and the importance of that program.
Council Member Elliott announced the August 8 Penn Fest event.
Mayor Goettel announced the August 10 City Council meeting has been rescheduled to
August 9 due to the Primary Election.
Mayor Goettel requested staff review the "Produce Project" conducted by other cities and
consider implementing it in Richfield.. She also requested forestry staff review the impacts of the
Japanese Beetle.
The City Council consensus was to cancel the August 24 Regular City Council meeting and
determine the date for a Special City Council meeting to discuss the budget.
Item #2 COUNCIL APPROVAL OF AGENDA
Council Member Elliott requested the City Council consider amending the agenda to add
Item 6A -Consideration of a settlement agreement relating to 6315 Penn Avenue.
M/Elliott, S/Sandahl to approve the agenda, as amended.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. Consideration of approval of first reading amending City Code Appendix 1 to remove
references to properties within New Ford Town and Rich Acres area S.R. No. 114
B. Consideration of approval of Metropolitan Council Livable Communities Act Apartment
Remodeling Forgivable Loan Agreements between City and Woodlake Park Apartments and
New Orleans Court Apartments S.R. No. 115
C. Consideration of approval of resolutions declaring costs to be assessed and ordering
preparation of proposed assessment roll for 2009 Lyndale/HUB/Nicollet maintenance, and
proposing similar assessment process for 2011 and setting public hearing for August 9,
2010 S.R. No. 116
RESOLUTION NO. 10377
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1, 2009 THROUGH DECEMBER 31, 2009
This resolution appears as Resolution No. 10377
RESOLUTION NO. 10386
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS
OF CURRENT SERVICES PROVIDED WITHIN THE
LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD
JANUARY 1, 2011 THROUGH DECEMBER 31, 2011
This resolution appears as Resolution No. 10386.
Council Meeting Minutes -3- July 13, 2010
D. Consideration of approval of resolutions declaring costs to be assessed and ordering
preparation of proposed assessment roll for 2009 77th Street maintenance district, and
proposing similar assessment process for 2011 and setting public hearing for August 9,
2010 S.R. No. 117
RESOLUTION NO. 10378
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET
MAINTENANCE FOR THE PERIOD
JANUARY 1, 2009 THROUGH DECEMBER 31, 2009
This resolution appears as Resolution No. 10378.
RESOLUTION NO. 10379
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS
OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET
PROJECT AREA FOR THE PERIOD JANUARY 1, 2011 THROUGH
DECEMBER 31, 2011.
This resolution appears as Resolution No. 10379.
E. Consideration of approval of resolution declaring costs to be assessed and ordering
preparation of proposed assessment roll for removal of diseased trees from private property
for work ordered in 2009 and setting public hearing for August 9, 2010 S.R. No. 118
RESOLUTION NO. 10380
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, 2009 TO DECEMBER 31, 2009.
This resolution appears as Resolution No. 10380.
F. Consideration of resolution authorizing acceptance of Statewide Health Improvement
Program Mini-Grant agreement between City and Minnesota Institute of Public Health S.R.
No. 119
RESOLUTION NO. 10381
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO STATEWIDE
HEALTH IMPROVEMENT PROGRAM MINI-GRANT AGREEMENT WITH THE
MINNESOTA INSTITUTE OF PUBLIC HEALTH FOR $5,000 TO BE USED FOR THE
EFFORTS IN CREATING A CITY OF RICHFIELD BICYCLE MASTER PLAN
This resolution appears as Resolution No. 10381.
G. Consideration of resolution authorizing approval of 2010 Minnesota Laws, Chapter 207,
relating to authority to impose limited response time residency requirement for firefighters
S.R. No. 120
RESOLUTION NO. 10382
Council Meeting Minutes -4- July 13, 2010
RESOLUTION AUTHORIZING APPROVING 2010 MINNESOTA LAWS, CH. 207,
RELATING TO AUTHORITY TO IMPOSE LIMITED RESPONSE TIME
RESIDENCY REQUIREMENT FOR FIREFIGHTERS
This resolution appears as Resolution No. 10382.
H. Consideration of approval of resolution accepting grant of $48,600 from US Department of
Homeland Security assistance to Firefighters Grant Program S.R. No. 121
RESOLUTION NO. 10383
RESOLUTION AUTHORIZING ACCEPTANCE OF US DEPARTMENT OF HOMELAND
SECURITY ASSISTANCE TO FIREFIGHTERS GRANT, RECEIVED BY
THE CITY OF RICHFIELD 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. 10383.
I. Consideration of approval of resolution authorizing the use of ES&S Central Counter Model
650 for the tabulation of all absentee ballots S.R. No. 122
RESOLUTION NO. 10384
RESOLUTION APPROVING ABSENTEE COUNTING EQUIPMENT, ES&S CENTRAL
COUNTER MODEL 650 TO BE USED AT THE
STATE PRIMARY AND STATE GENERAL ELECTIONS
This resolution appears as Resolution No. 10384.
J. Consideration of approval of amendment to 2010 Emergency Preparedness Contract with
City of Bloomington for outreach and training coordination with grant funds received related
to CERT (Citizens Emergency Response Team) S.R. No. 123
M/Sandahl, S/Goettel to approve the Consent Calendar.
Motion carried 5-0.
Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #5 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 FOR
CONTRACT PERIOD JANUARY 1, 2010 THROUGH DECEMBER 31, 2010
S.R. 124
Mayor Goettel presented Staff Report No. 124.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10385
Council Meeting Minutes -5-
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215
BARGAINING UNIT FOR THE YEAR 2010
Motion carried 5-0. This resolution appears as Resolution No. 10385.
July 13, 2010
Item #6 CONSIDERATION OF TRANSPORTATION COMMISSION
RECOMMENDATION TO APPROVE HENNEPIN COUNTY RESTRIPING
PLANS FOR CONVERSION OF PORTLAND AVENUE FROM 4 LANES TO 3
LANES BETWEEN 68TH AND 76TH STREETS AS ONE-YEAR PILOT
PROJECT IN 2011 S.R. 125
Mayor Goettel presented Staff Report No. 125.
Public Works Director Eastling explained that Hennepin County has agreed to fund the
restriping and in return the City will provide sealcoating.
Mayor Goettel stated that if the street remains three lanes, cutouts for street parking may
be provided when the street is reconstructed.
Council Member Sandahl reviewed the information provided by staff related to experiences
with four-to-three lane street conversions in other Hennepin County cities and the percentages of
rental properties along Richfield's arterial roads.
Council Member Elliott expressed support for a pilot project with a timeframe for re-
examination of how it is working.
Council Member Wroge stated he was originally against the pilot project because of the
elimination of street parking on Sunday but has since changed his mind. He questioned the impact
of snowplowing if there are cutouts for parking. He expressed concern regarding the percentages
of rental properties based on rental permit information.
Council Member Eastling explained the City's sealcoating costs. He also said Hennepin
County provided the City with a list of cities with converted county roads and staff contacted
several and received three responses. Snowplowing impacts are unknown at this time because
the street conversion has not been finalized.
Public Works Director Eastling stated a public meeting will be held six months after the lane
conversion is completed to gather feedback from the residents in the impacted area.
M/Goettel, S/Elliott
as a
Motion carried 5-0.
Item #6A CONSIDERATION OF SETTLEMENT AGREEMENT RELATING TO 6315
PENN AVENUE S.R. NO 125
Council Member Elliott presented Staff Report No. 125.
Mayor Goettel expressed support for the agreement because it is an applicable use for the
site and is within the Penn Avenue revitalization area.
Council Meeting Minutes -6- July 13, 2010
Council Member Wroge stated the site does not meet the City's parking standards fora
furniture store. He also questioned what conditions that City could place on the approval.
City Planner Poehlman explained staff could not locate any record of an off-street parking
permit for the furniture store use or for the subsequent use as an art gallery and art restoration
service.
City Attorney Heine explained conditions that could apply to the site.
Council Member Wroge expressed concerns regarding not having site plan approval, this
item, being a last minute addition to the agenda with information provided that afternoon and setting
a precedent for other businesses. He said he wants the business here but the process should be
done according to the City requirements.
Council Member Wroge requested the motion include striking the words "settlement" and
"litigation" from the Staff Report.
City Attorney Heine explained that this is an accelerated application process because she
understood from the property owner that timing was critical. A 35-year parking history at the site is
being accepted in lieu of a parking study. The site plan calls for 10 parking spaces.
Council Member Elliott acknowledged he understood timing was critical and the wording in
the Staff Report is from the attorney representing the property owner's perspective.
Lisa Christianson, 5528 Kellogg Avenue; Edina, property owner, explained the tenant timing
issues and assured the success of parking, including if there is a problem, an agreement will be
worked out with adjacent property owners. She said having a tenant is the only way to justify
making improvements to the property
City Planner Poehlman stated ADA compliance (handicapped parking) is not needed on this
site because it has been determined there is no change in use. Ms. Poehlman also stated the site
does not meet the City Code landscaping requirements so no percentage requirements apply.
M/Elliott, S/Sandahl to approve the settlement agreement relating to 6315 Penn Avenue.
Motion carried 5-0.
Item #7 CITY MANAGER'S REPORT
City Manager Devich encouraged residents to report any suspicious activities to Public
Safety so a record of calls can be established.
Item #10 CLAIMS AND PAYROLL
M/Wroge, S/Sandahl that the following claims and. payrolls be approved:
U.S. BANK 07-13-2010
A/P Checks: 195732 - 196220 $ 3,118,910.79
PAYROLL 67730 - 68115, 41496 - 41500 $ 1,129,478.17
TOTAL
$ 4,248,388.96
Motion carried 5-0.
Council Meeting Minutes -7-
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unani
Date Approved: July 13, 2010
P , <' ~`~ /
Cheryl rumh Iz
Recording Secretary
us consent at 8:09
Manager
m.
July 13, 2010