08-09-10 RegularCITY COUNCIL MEETING MINUTES
' ~ Richfield, Minnesota
Regular Meeting
August 9, 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; John Stark, Community
Development Director; Barry Fritz, Public Safety Director; Karen Barton,
Community Development Manager; 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,
Motion carried 5-0.
nt
Item #1 ANNUAL MEETING WITH CIVIL SERVICE COMMISSION
Phil Mortenson, Civil Service Commission President, reported on the 2009-10 commission
accomplishments.
Council Meeting Minutes -2- August 9, 2010
Item #2 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
• CEDAR POINT DEVELOPMENT STATUS
Mayor Goettel reminded the City Council of the August 13 Special City Council Meeting at 8
a.m. and the August 30 Special City Council Meeting at 5:30 p.m.
Mark Kampmeyer, Ryan Companies, addressed the City Council regarding the
development interest of McDonald's in the Cedar Point retail area on the parcel on the northwest
quadrant of the 66th Street/Richfield Parkway roundabout.
Mayor Goettel expressed concern that McDonald's does not fit the retail plan of what the
City wanted in that area.
Community Development Director Stark stated staff has met with representatives of
McDonalds to discuss their interest and assist them in completing their site investigation process;
which is a very detailed and comprehensive analysis. He discussed several issues and constraints
for McDonalds related to the site.
Council Member Wroge requested staff provide the financial differences between having a
restaurant like McDonald's versus retail for that site.
The City Council acknowledged the success of the recent Penn Fest, Urban Wildland Half
Marathon and 5K, and Night to Unite events.
Mayor Goettel acknowledged the efforts of the Public Safety Department and the recent
assistance provided by Officer Joseph Edwards.
Council Member Wroge expressed concern about the decrease in year- to-date water
usage and the possible increase in utility rates. He suggested decreasing expenditures, not
increasing the rates.
City Manager Devich explained that major capital infrastructure costs at the Water Plant
and revenues are needed to balance and maintain the water quality residents expect.
Item #3 COUNCIL APPROVAL OF AGENDA
Mayor Goettel moved Consent Calendar Items 4A and 4G to Item 5 for separate
consideration.
M/Wroge, S/Fitzhenry to approve the agenda, as amended.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. Moved to Item 5.
B. Consideration of approval of first reading of new and amended ordinances related to
Minnehaha Creek Watershed District Rule B (Erosion Control), Rule C (Floodplain
Alternation), Rule D (Wetland Protection) and Rule N (Stormwater Management) and
scheduling second reading for September 14, 2010 S.R. No. 140
C. Consideration of approval of first readings of Richfield City Code ordinances:
(a) amending inspection and regulation of public swimming pools and adding new Section
619 for public pools;
(b) repealing Subsections 615.01 through 615.85 and adding new Section 617 for regulation
Council Meeting Minutes -3- August 9, 2010
of food establishments;
(c) repealing Subsections 1190.01 through 1190.25 and adding new Section 618 for
regulation of lodging establishments; and
scheduling second reading for each ordinance on September 14, 2010 S.R. No. 141
D. Consideration of approval of resolution authorizing Richfield Public Safety/Police
acceptance of donations from listed agencies, businesses and private individuals for specific
events and programs sponsored by Police Department S.R. No. 142
RESOLUTION NO. 10389
RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT
DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE
INDIVIDUALS FOR DESIGNATED USES
This resolution appears as Resolution No. 10389.
E. Consideration of approval of resolution authorizing City of Richfield Public Safety
Department to enter Co-operative Agreement to become member of Hennepin County
Violent Offender Task Force S.R. No. 143
RESOLUTION NO. 10390
RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY DEPARTMENT'S
PARTICIPATION IN THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE
This resolution appears as Resolution No. 10390.
F. Consideration of approval of resolution electing to continue participation in Local Housing
Incentives Account Program under Metropolitan Livable Communities Act for 2011 through
2020 S.R. No. 144
RESOLUTION NO. 10391
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE
LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEARS 2011 THROUGH 2020
This resolution appears as Resolution No. 10391.
G. Moved to Item 5.
H. Consideration of approval of resolution granting off-site gambling license for Fred Babcock
VFW Post #5555 to sell pull-tabs and conduct bingo at Church of the Assumption's annual
Fun Fiesta on August 14 and 15, 2010 S.R. No. 146
RESOLUTION NO. 10393
A RESOLUTION GRANTING APPROVAL FOR FRED BABCOCK VFW POST #5555 TO
CONDUCT OFF-SITE LAWFUL GAMBLING IN CONNECTION WITH THE CHURCH OF
THE ASSUMPTION'S ANNUAL FUN FIESTA
This resolution appears as Resolution No. 10393.
I. Consideration of approval of work proposal from WSB & Associates, Inc. for monitoring of
surface water quality and quantity at various location in Richfield for cost not to exceed
$32,000 without further authorization S.R. No. 147
M/Goettel, S/V1lroge to approve the Consent Calendar, as amended.
Motion carried 5-0.
Council Meeting Minutes -4- August 9, 2010
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
4A. Consideration of first reading of ordinance amending Appendix 1 of Richfield City Code
rezoning 6401 Lyndale Avenue, 515 64th Street West and 521 64th; Street West from C-2
(General Commercial) to R (Single-Family Residential) to PMR (Planned Multi-Family Residential)
S.R. No. 139
Council Member Wroge presented Staff Report No. 139.
Community Development Director explained the rationale for a planned unit development.
He said the size of the parcel is not known until a physical survey is done. As the development is
proposed, it does meet certain density requirements.
Council Member Wroge requested the City Council receive the final development plan and
conditional use permit information several days prior to its consideration on September 14, 2010.
Motion carried 5-0.
4G. Consideration of approval of resolution establishing on-call compensation policy for
Public Works Superintendents/Managers S.R. No. 145
Council Member Wroge presented Staff Report No. 145. He questioned if the managers
were paid monthly or hourly.
City Manager Devich stated they were exempt, salaried positions,
M/Wroge, S/Sandahl that the following_resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10392
RESOLUTION ESTABLISHING A PUBLIC WORKS ON-CALL
COMPENSATION POLICY
Motion carried 5-0. This resolution appears as Resolution No. 10392.
Item #6 PUBLIC HEARING AND SECOND READING OF AMENDMENTS TO
RICHFIELD CITY CODE SECTION 407, INSPECTION AND LICENSING OF
APARTMENT HOUSES AND RENTAL HOMES, FOR CHANGES TO LICENSE
REQUIREMENTS, PROVISIONAL LICENSE, AND OTHER MINOR CHANGES
WITH EFFECTIVE DATE OF JANUARY 1, 2011 AND RESOLUTION
AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE S.R. NO. 148
Council Member Wroge presented Staff Report No. 148.
M/V1/roge, S/Sandahl to close the .public hearing.
Motion carried 5-0.
Council Meeting Minutes -5- August 9, 2010
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE NO. 2010-11
Council Member Wroge questioned the cost differences between the licenses and the
enforcement process.
Council Member Fitzhenry explained there are two processes for tracking nuisance issues;
rental property licensing and environmental health inspections.
Community Development Director Stark stated that rental properties were informed of the
proposed changes and the MN Multi Housing Association does not oppose the changes.
City Attorney Heine discussed the State law process for remedying nuisance issues.
Motion carried 5-0. This resolution appears as Resolution No. 10394.
Item #7 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL
ASSESSMENT ROLL FOR 2009 REMOVAL OF DISEASED TREES FROM
PRIVATE PROPERTY S.R. NO. 149
Council Member Fitzhenry presented Staff Report No. 1149.
M/Wroge, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10395
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.
6
Motion carried 5-0. This resolution appears as Resolution No. 10395.
City Attorney requested the City Council make a motion to reconsider the ordinance in Item
M/Wroge, S/Goettel to reconsider the ordinance in Item 6.
Motion carried 5-0.
City Attorney Heine explained the changes to Subsection 407.07, Subd. 1 resulting from a
MN Multi-Housing Association concern that changes are too onerous with respect to the information
that must be provided on landlords.
M/Wroge, S/Sandahl to approve the revised ordinance including the changes made to
Subsection 407.07 Subd. 1 as discussed by the City Attorney.
RESOLUTION NO. 10394
Council Meeting Minutes -6- August 9, 2010
Motion carried 5-0.
Item #8 PUBLIC HEARINGS REGARDING RESOLUTIONS ADOPTING SPECIAL
ASSESSMENT ROLLS FOR 2009 MAINTENANCE SERVICES AND
RESOLUTIONS ORDERING CURRENT 2011 MAINTENANCE SERVICES
A. 77TH STREET MAINTENANCE S.R. NO. 150
B. LYNDALE/HUB/NICOLLET MAINTENANCE S.R. NO. 151
Council Member Sandahl presented Staff Report No. 150.
M/Wroge, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Goettel that the following resolutions be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10401
RESOLUTION ADOPTING ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE- FOR THE PERIOD
JANUARY 1 THROUGH DECEMBER 31, 2009
RESOLUTION NO. 10397
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1 THROUGH DECEMBER 31, 2011
Motion carried 5-0. These resolutions appear as Resolution Nos. 10401 and 10397.
Council Member Sandahl presented Staff Report No. 151.
M/Wroge, S/Goettel to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/V1/roge that the following resolutions be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10396
RESOLUTION ADOPTING ASSESSMENT ON
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1 -DECEMBER 31, 2009
RESOLUTION NO. 10402
RESOLUTION ORDERING UNDERTAKING OF CURRENT
SERVICE PROJECT77TH STREET PROJECT AREA
JANUARY 1 THROUGH DECEMBER 31, 2011
Motion carried 5-0. These resolutions appear as Resolution Nos. 10396 and 10402.
Council Meeting Minutes -7- August 9, 2010
Item #9 CONSIDERATION OF FIRST READING OF ORDINANCE RELATING TO
CONDUCT WITHIN CITY PARKS AND RECREATION FACILITIES;
PROHIBITING TOBACCO USE, SALES ACTIVITY, FEEDING OF WILD
ANIMALS, UNLEASHED DOGS; AMENDING SECTION 840 OF RICHFIELD
CODE AND SCHEDULING PUBLIC HEARING AND SECOND READING ON
SEPTEMBER 28, 2010 S.R. 152
Mayor Goettel presented Staff Report No. 152.
M/Goettel, S/Sandahl
a
Mayor Goettel stated the Advisory Board of Health supports this ordinance.
Council. Member Elliott expressed concerns regarding enforcement.
Recreation Services Director Topitzhofer explained the enforcement process, including self
policing, signage and education. He added the effective date would be January 1, 2011.
Motion carried 5-0.
Item #10 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING
RICHFIELD CITY CODE SUBSECTION 509.25 RELATED TO DEFINING
NONCONFORMING USES S.R. NO. 153
Mayor Goettel presented Staff Report No. 153.
Community Development Director Stark explained the proposed amendment is to make it
easier for nonconforming single family residential uses to expand and clarified the amendment does
not apply to commercial properties.
M/Goettel, S/Fitzhenry that this constitute the second reading of Ordinance No. 2010-10
amending Richfield CitX Code Subsection 509.25 related to defining nonconforming uses.
Motion carried 5-0.
Item #11 CONSIDERATION OF RESOLUTION AMENDING CITY'S COMPREHENSIVE
PLAN TO DESIGNATE 7144 PORTLAND AVENUE AS "PUBLIC/QUASI-
PUBLIC" RATHER THAN "SINGLE-FAMILY RESIDENTIAL" ALLOWING
HOPE PRESBYTERIAN CHURCH TO UTILIZE PROPERTY S.R. NO. 154
Council Member Elliott presented Staff Report No. 154.
Keith Koenig, Presbyterian Church representative, stated the church is planning to demolish
the house to address issues with the current church driveway.
Council Member Wroge stated that he believed the church could change their driveway
without taking this house and use the land they currently have more effectively.
M/Elliott, S/Fitzhenry that-the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10398
Council Meeting Minutes -8- August 9, 2010
RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN
CHANGING THE DESIGNATION OF PROPERTY LOCATED
AT 7144 PORTLAND AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 10398.
Item #12 CITY MANAGER'S REPORT
City Manager Devich stated that there is an additional item on the August 13 Special City
Council Meeting agenda related to the acquisition of a property.
Item #13 CLAIMS AND PAYROLL
M/Wroge, S/Sandahl that the following claims and payrolls be approved:
U.S. BANK 08/10/2010
A/P Checks: 196529 - 196902
PAYROLL 68496 - 68871, 41501 - 41502
$ 1,066,608.19
$ 564,603.54
TOTAL
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
$ 1,631,211.73
The City Council meeting was adjourned by unanimous consent at 9:16 p.m.
Date Approved: August 9, 2010
Cheryl KrK~mho~Z
Recording Secretary
c
Deb ie Goet el
Mav~---- .
City Manager