09-14-10 RegularJ
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 14, 2010
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; Fred Wroge; Tom Fitzhenry; and Pat
EI liott.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Mike Eastling, Public Works Director; Barry Fritz, Public Safety
Director; Brad Sveum, Fire Services Director; Chris Regis, Finance
Manager; Christine Costello, Community Development Coordinator;
Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
Deanna Alevizos, 6638-17th Avenue, addressed the City Council regarding the lack of an
ordinance to restrain or confine dogs in their own yards either by being on a leash or behind
fencing.
Suzanne Freiheit, 7321-11th Avenue, addressed the City Council regarding her concerns
about her neighbor raising rabbits for sale or slaughter. She suggested the City Council consider
an ordinance addressing when animals are considered pets or livestock and potential public health
concerns.
The City Council agreed these issues should be addressed in the animal ordinance
revisions currently underway.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Council Meeting Minutes -2- September 14, 2010
M/Wroge, S/Sandahl to approve the minutes of (1) Special City Council Worksession of
August 9, 2010; U Regular City Council Meeting of August 9, 2010; (3) Regular City Council
Meeting of August 13, 2010; and (4) Special City Council Meeting of August 30, 2010.
Motion carried 5-0.
Item #1 PRESENTATION OF CERTIFICATE OF RECOGNITION TO RICHFIELD
ROADRUNNERS - U 17 GIRLS TRAVELING SOCCER TEAM CLASS 3
DIVISION STATE CHAMPIONSHIP TITLE
Council Member Wroge presented the certificate to Sue Greimel and the soccer team.
Item #2 PRESENTATION OF LANDSCAPING GOOD NEIGHBOR AWARDS (C.M. NO.
140)
Susan Rosenberg, Richfield Beautiful Co-Chair, presented the awards.
Item #3 PRESENTATION OF CERTIFICATE OF RECOGNITION TO RICHFIELD
GARDEN CLUB
Mayor Goettel presented the certificate to Bev Munson.
Mayor Goettel presented a plaque from the 2010 Census Bureau to Christine Costello,
Community Development Coordinator, acknowledging her efforts in the City's participation in the
census.
Item #4 ANNUAL MEETING WITH CHARTER COMMISSION
Marty Kirsch, Charter Commission President, reported on the 2010 commission meetings.
Item #5 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Elliott announced the O'Neal Hampton speaking event at the Richfield
High School on September 20, 2010.
Council Member Sandahl announced the Cattail Days and St. Richards Fun Festivals
events on September 18, 2010.
Council Member Fitzhenry acknowledged the efforts of Police, Police Reserves and Fire
personnel related to the home explosion at 76th Street/11th Avenue on September 9, 2010.
Public Works Director Eastling explained the proposed road closure of Penn Avenue at
75th Street as part of the Metro Sewer project and the detour route. He also provided an update
on the sewer project.
Council Meeting Minutes -3- September 14, 2010
Item #6 COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed Consent Calendar Item 7B for consideration at a later date and
moved Items 7K, 7C and 7D to Item 8 for separate consideration.
M/Sandahl, S/Wroge to approve the agenda, as amended.
Motion carried 5-0.
Item #7 CONSENT CALENDAR
A. Consideration of approval resolution authorizing Richfield City Manager to enter into joint
powers agreement for medical first responder reimbursement pilot project between City of
Richfield and Minnesota Department of Public Safety S.R. No. 158
RESOLUTION NO. 10403
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT
POWERS AGREEMENT WITH THE STATE OF MINNESOTA TO PARTICIPATE IN
THE STATE OF MINNESOTA FIRST RESPONDER REIMBURSEMENT PILOT
PROJECT
This resolution appears as Resolution No. 10403.
B. Removed from the agenda.
C. Moved to Item 8.
D. Moved to Item 8.
E. Consideration of approval of resolution declaring costs to be assessed and ordering
preparation of proposed assessment roll for unpaid false alarm user fees against private
property and setting public hearing for October 12, 2010 S.R. No 162
RESOLUTION NO. 10406
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY
This resolution appears as Resolution No. 10406.
F. Consideration of approval of resolution directing preparation of assessment roll for 2010
concrete alley paving project and setting public hearing for October 12, 2010 S.R. No.
163
RESOLUTION NO 10407
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT ROLL
FOR THE CONCRETE PAVING OF ALLEYS IN THE CITY OF RICHFIELD
This resolution appears as Resolution No. 10407.
G. Consideration of approval of resolution declaring costs to be assessed for current
services performed for weed elimination from private property and removal or elimination
Council Meeting Minutes -4- September 14, 2010
of public health or safety hazards from private property and setting public hearing for
October 12, 2010 S.R. No. 164
RESOLUTION NO. 10408
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION
OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY
This resolution appears as Resolution No. 10408.
H. Consideration of approval of resolution authorizing City of Richfield acceptance of mini
grant monies from City of Bloomington Public Health Division for City of Richfield and
Richfield School District Wellness programs and contract with Minnesota Institute of
Public Health hired by Bloomington to manage contractual functions of grant S.R. No.
165
RESOLUTION NO. 10409
RESOLUTION AUTHORIZING COUNCIL APPROVAL OF THE CITY OF RICHFIELD'S
ACCEPTANCE OF A MINI GRANT FROM THE CITY OF BLOOMINGTON TO BE
USED, WITH THE RICHFIELD SCHOOL DISTRICT, IN THE COLLABORATIVE
PARTNERING AND IMPROVEMENT OF THE CITY AND SCHOOL DISTRICT'S
EMPLOYEE WELLNESS PROGRAMS, AND APPROVING A CONTRACTUAL
AGREEMENT WITH THE MINNESOTA INSTITUTE OF PUBLIC HEALTH THAT HAS
BEEN HIRED BY BLOOMINGTON TO MANAGE THE CONTRACTUAL FUNCTIONS
OF THE MINI GRANT
This resolution appears as Resolution No. 10409.
I. Consideration of approval of delegation agreement between City of Richfield and
Minnesota Department of Health for inspection and enforcement of food, lodging facilities
and public swimming pools S.R. No. 166
J. Consideration of approval of additional two antennas in cellular telephone antenna
configuration by T-Mobile at Logan Avenue water tower S.R. No. 167
K. Moved to Item 8.
M/Goettel, S/Sandahl to approve the Consent Calendar, as amended.
Motion carried 5-0.
Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
7K. Consideration of approval of request by Richfield Visions, Inc. for itinerant place of
amusement and itinerant food licenses with fee waiver for Richfield Cattail Days events on
September 18, 2010 at Veterans Memorial Park, 6400 Portland Avenue S.R. No. 168
City Manager Devich explained the recommended action in the Staff Report distributed with
the packet contains an error. Instead of recommending approval of the requested fee waiver for
the licenses, the recommendation should have been denial of the waiver. The City ordinance
states that the City Council may consider waiving the fee for civic, religious, veterans or charitable
organizations. However, the practice has been consistently not to waive those fees because the
City pays the City of Bloomington for food inspections and certain other inspections, and the fees.
Council Meeting Minutes -5- September 14, 2010
help pay for those costs. If this fee was waived, it could be seen as a new practice and other such
organizations would expect the same treatment. In view of the present budget situation, the City
needs to collect these fees to cover costs.
M/Goettel, S/Sandahl to approve the request by Richfield Visions, Inc. for itinerant place of
amusement and itinerant food licenses and deny fee waiver for Richfield Cattail Days events on
September 18, 2010 at Veterans Memorial Park, 6400 Portland Avenue.
Motion carried 5-0.
7C. Consideration of approval of resolution for site plan amendment at 6315 Penn Avenue
to allow retail furniture sales S.R. No. 160
Council Member Wroge questioned the status of the sign ordinance violation.
Community Development Director Stark explained the business owner has complied and
the issue has been resolved.
Council Member Wroge questioned the liability for costs related to the parking granted for
this site when development occurs on Penn Avenue and the road is widened.
Community Development Director Stark explained Penn Avenue is a Hennepin County
roadway so costs would be their responsibility. However, in discussions with the County, it is likely
the curb would stay in place or the road changed from four to three lanes with wider sidewalks.
M/Wroge, S/Elliott that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10404
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN AMENDMENT FOR 6315 PENN AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 10404.
7D. Consideration of approval of resolution authorizing reimbursement for costs related to
condemnation awards for Lyndale Avenue Bridge and 66th Street and Portland Avenue
improvements projects S.R. No. 161
Council Member Wroge stated he was unaware of a settlement with Sinclair.
Public Works Director Eastling discussed the condemnation settlement award status. He
stated a Council Memo would be provided.
City Manager Devich explained the purpose of the resolution related to the reimbursement
of costs.
M/Wroge, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION 10405
DECLARING THE OFFICIAL INTENT OF THE
CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
Motion carried 5-0. Thts resolution appears as Resolution No. 10405.
Council Meeting Minutes -6- September 14, 2010
Item #9 PUBLIC HEARING REGARDING:
• SECOND READING OF ORDINANCE AMENDING CITY CODE
PERTAINING TO INSPECTION AND REGULATIONS OF PUBLIC
SWIMMING POOLS AND ADDING NEW SECTION 619 FOR PUBLIC
POOLS;
• SECOND READING OF ORDINANCE REPEALING SECTION 615 AND
ADDING NEW SECTION 617 FOR REGULATION OF FOOD
ESTABLISHMENTS;
• SECOND READING OF ORDINANCE REPEALING SECTION 1190 AND
ADDING NEW SECTION 618 FOR REGULATION OF LODGING
ESTABLISHMENTS; AND
• THREE RESOLUTIONS AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE AMENDMENTS TO RICHFIELD CITY CODE SECTIONS
619 PUBLIC POOLS, 617 FOOD ESTABLISHMENTS AND 618
LODGING S.R. NO. 169
Council Member Fitzhenry presented Staff Report No. 169.
M/Wroge, S/Sandahl to close the public hearing.
Motion carried 5-0.
Council Member Wroge questioned the delegation of the enforcement and determination of
variances.
City Attorney Heine explained the delegation agreement in which the Minnesota Department
of Health delegates to Richfield the responsibility and authority to enforce State regulations,
including variances.
Pubiic Safety Director Fritz added that Bloomington Public Health is acting as agents for the
City of Richfield, performing inspections and reporting to Richfield staff.
M/Fitzhenry, S/Goettel that this constitutes the second reading of:
• Ordinance No. 2010-12 amending Richfield City Code by adding a new Section 619,
pertaining to inspection and regulation of public swimming pools in City of Richfield; and
• Ordinance No. 2010-13 amending the City Code repealing Section 615 and adding new
Section 617 pertaining to inspection and regulation of food establishments in the City of
Richfield; and
• Ordinance No. 2010-14 amending the City Code pertaining to inspection and regulation of
lodging -establishments in the City Of Richfield, repealing Section 1190 and adding Section
618; and that they be published in the official newspaper and be made part of these
minutes; and that the following resolutions be adopted and be made part of these minutes:
RESOLUTION NO. 10410
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF A NEW ORDINANCE
AMENDING THE RICHFIELD CITY CODE BY ADDING A NEW SECTION 619;
PERTAINING TO INSPECTION AND REGULATION OF PUBLIC SWIMMING POOLS IN
THE CITY OF RICHFIELD
RESOLUTION NO. 10411
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
AMENDMENT TO THE CITY CODE REPEALING SECTION 615 AND ADDING NEW
Council Meeting Minutes -7- September 14, 2010
SECTION 617 PERTAINING TO INSPECTION AND REGULATION OF FOOD
ESTABLISHMENTS IN THE CITY OF RICHFIELD
RESOLUTION NO. 10412
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
AMENDMENT REPEALING SECTION 1190 AND ADDING NEW SECTION 618
PERTAINING TO INSPECTION AND REGULATION OF LODGING ESTABLISHMENTS IN
THE CITY OF RICHFIELD
Motion carried 5-0. These resolutions appear as Resolution Nos. 10410, 10411 and 10412.
City Attorney Heine sought clarification from the City Council that their motion approved the
revised ordinance related to lodging establishments.
The City Council confirmed the motion approved the revised ordinance.
Item #10 CONSIDERATION OF ACTIONS RELATED TO PLANNED UNIT
DEVELOPMENT FOR LYNDALE COMMONS PROJECT:
• SECOND READING OF ORDINANCE REZONING PROPERTIES
LOCATED AT 6401 LYNDALE AVENUE, 515 64TH STREET WEST AND
521 64TH STREET WEST FROM C-2 (GENERAL COMMERCIAL) AND R
(SINGLE-FAMILY RESIDENTIAL) TO PMR (PLANNED MULTI-FAMILY
RESIDENTIAL); AND
• RESOLUTION AUTHORIZING FINAL DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR 90-UNIT APARTMENT BUILDING
COMPRISING LYNDALE COMMONS PROJECT AT 6401 LYNDALE
AVENUE, 515 64TH STREET WEST AND 521 64TH STREET WEST S.R.
NO. 170
Council Member Sandahl presented Staff Report No. 170.
Community Development Director Stark discussed the revised ordinance distributed to the
City Council which identifies the additional language to ensure that the existing development does
not become anon-conforming land use in the event the proposed apartment deveiopment does not
proceed.
Terry McNellis, Michael Development, stated financing is not yet secured and the earliest
notification from HUD would be in January. He added the intent of the tot-lot park could be publicly
owned but privately maintained.
Council Member Wroge questioned the sale of the HRA property if there is no financing and
expressed concern about the potential of a public park on private property. He suggested the tot-lot
remain privately owned because he did not want additional expenses for the City.
Community Development Director Stark explained the sale of the HRA property would not
occur until financing was secured. He responded the tot-lot is under consideration and would be
discussed by the Community Services Commission who would make a recommendation to the City
Council.
Mr. McNellis provided an update on the project, including entrance/exit options, fencing,
plantings, traffic flow and construction worker parking.
M/Sandahl, S/Fitzhenry that this constitute second reading of Ordinance No. 2010-15
regarding an ordinance rezoning properties located at 6401 Lyndale Avenue, 515 64th Street West
Council Meeting Minutes -8- September 14, 2010
and 521 64th Street West from C-2 (general commercial) and R (single-family residential) to PMR
(planned multi-family residential); and that it be published in the official newspaper and be made
part of these minutes; and that the following resolution be adopted and be made part of these
minutes:
RESOLUTION NO. 10413
RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE
PERMIT FOR THE LYNDALE COMMONS PROJECT
Motion carried 5-0. This resolution appears as Resolution No. 10413.
Item #11 I CONSIDERATION OF:
• SECOND READING OF NEW AND AMENDED ORDINANCES RELATED
TO MINNEHAHA CREEK WATERSHED DISTRICT RULE B (EROSION
CONTROL), RULE C (FLOODPLAIN ALTERATION), RULED (WETLAND
PROTECTION) AND RULE N (STORMWATER MANAGEMENT);
• RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE AMENDMENT SECTION 428;
• RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE RELATING TO WETLAND PROTECTION; AND
• RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE RELATING TO STORMWATER MANAGEMENT
REGULATIONS S.R. NO. 171
Council Member Elliott presented Staff Report No. 171.
M/Elliott, S/Goettel that this constitute second readings of Ordinance No. 2010-16 related to
Minnehaha Creek Watershed District Rule B (Erosion Control), Ordinance No. 2010-19 related to
Rule C (Floodplain Alteration), Ordinance No. 2010-17 related to Rule D (Wetland Protection) and
Ordinance No. 2010-18 related to Rule N (Stormwater Management) and that they be published in
the official newspaper and be made part of these minutes; and that the following resolutions be
adopted and be made part of these minutes:
RESOLUTION NO. 10414
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
AMENDMENT RELATING TO EROSION AND SEDIMENTATION CONTROL
REGULATIONS; AMENDING SECTIONS 428.03, 428.05, 428.11 AND 428.13 OF THE
RICHFIELD CITY CODE.
RESOLUTION N0.10415
RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE RELATING TO
WETLAND PROTECTION WITHIN THE MINNEHAHA CREEK WATERSHED DISTRICT.
RESOLUTION NO. 10416
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE RELATING
TO STORMWATER MANAGEMENT REGULATIONS WITHIN THE MINNEHAHA CREEK
WATERSHED DISTRICT
Motion carried 5-0. These resolutions appear as Resolution Nos. 10414, 10415 and 10416.
Council Meeting Minutes -9- September 14, 2010
Item #12 CONSIDERATION OF RESOLUTION AMENDING TEXT OF
IMPLEMENTATION CHAPTER OF RICHFIELD COMPREHENSIVE PLAN TO
DEFER REZONING OF CERTAIN PROPERTIES S.R. NO. 172
Mayor Goettel presented Staff Report No. 172.
Community Development Director Stark reviewed the Comprehensive Plan/Zoning
Discrepancies map.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes'
RESOLUTION NO. 10417
RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN
CHANGING THE TEXT OF IMPLEMENTATION CHAPTER TO DEFER REZONING
CERTAIN PROPERTIES
Motion carried 5-0. This resolution appears as Resolution No. 10417.
Item #13 CONSIDERATION OF 2010 REVISED/2011 PROPOSED BUDGET
RESOLUTIONS ADOPTING 2011 PRELIMINARY PROPERTY TAX LEVY,
SETTING TRUTH IN TAXATION HEARING DATE, AUTHORIZING BUDGET
REVISIONS AND AUTHORIZING REVISION OF 2010 BUDGET OF VARIOUS
DEPARTMENTS S.R. NO. 173
Council Member Wroge presented Staff Report No. 173.
City Manager Devich explained the rationale for staff's recommendation of Option 4 which is
a 6.82% tax levy increase, including a proposed 2% salary adjustment for City staff.
Council Member Wroge expressed support for getting off local government aid and that staff
should understand a possible 1 % salary adjustment if it means keeping their job.
M/Wroge, S/Goettel that the following resolutions be adopted and be made part of these
minutes:
RESOLUTION NO. 10418
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2011
RESOLUTION N0.10419
RESOLUTION AUTHORIZING BUDGET REVISIONS
Motion carried 5-0. These resolutions appear as Resolution Nos. 10418 and 10419.
Item #14 CITY MANAGER'S REPORT
Council Meeting Minutes -10- September 14, 2010
None.
Item #15 CLAIMS AND PAYROLL
M/Wroge, S/Sandahl that the following claims and payrolls be approved:
U.S. BANK 08/24/2010
A/P Checks: 196903 - 197291 $ 2,324,943.54
PAYROLL 69972 - 69240, 41503 $ 585,391.12
TOTAL $ 2,910,334.66
U.S. BANK 09/14/2010
A/P Checks: 197292 - 197694 $ 1,366,542.18
PAYROLL 69241 - 69608, 41504 $ 545,328.55
TC)TAL $ 1,911,870.73
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 9:23 p.m.
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Date Approved: s~ temper 28, 2010
D Goettel
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Cheryl bCrumhdlz v '~`~y~ L.
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