02-22-11regularJ
CALL TO ORDER
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 22, 2011
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present. Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Community Development Director; 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 /Sandahl, S/Wroge to approve the minutes of (1) Special City Council Meeting of
February 8 2011; (2) Special City Council Worksession of February 8, 2011; and (3) Regular City
Council Meeting of February 8, 2011.
Motion carried 5 -0.
Item #1 PRESENTATION BY KEITH ELLISON, U.S. REPRESENTATIVE 5T"
CONGRESSIONAL DISTRICT
Council Meeting Minutes -2- February 22, 2011
Item #1A PRESENTATION OF CERTIFICATE OF RECOGNITION TO RAYMOND E.
HAEG PLUMBING, INC.
Council Member Sandahl presented the certificate in recognition of Haeg Plumbing
receiving the Minnesota Association of Plumbing — Heating — Cooling Contractors 2011 Plumbing
Contractor of the Year.
Item #2 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Sandahl announced there are advisory commission vacancies and
encouraged residents to apply.
Amy Dusek, Hennepin County Community Liasion, reported on the recent Teen Police
Academy.
Community Development Director Stark provided an update on the recent announcement
related to the Richfield Borders store closing at the Shops at Lyndale and the intent of the leasing
agent, CSM, on occupancy of the space.
Council Member Wroge discussed the concerns via email from residents regarding snow
plowing efforts in the city.
City Manager Devich stated that throwing snow in the street is in violation of city ordinance.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Wroge, S /Sandahl to approve the agenda.
Motion carried 5 -0.
Item #4 CONSENT CALENDAR
A. Consideration of approval of first reading of ordinance amendment to City Administrative
Code Chapter III, Subsection 310.33, Subdivision 2 describing vacation leave accrual and
scheduling second reading for March 8, 2011 S.R. No. 41
B. Consideration of approval of resolution modifying Health Care Savings Plan for eligible
General Services employees S.R. No. 42
RESOLUTION NO. 10480
RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A POST EMPLOYMENT
HEALTH CARE SAVINGS PLAN FOR GENERAL SERVICES EMPLOYEES
This resolution appears as Resolution No. 10480.
Council Meeting Minutes -3- February 22, 2011
C. Consideration of approval of resolution authorizing Richfield Fire Department acceptance of
five miscellaneous grant donations totaling $500 received from City residents and
organizations during 2010 used to defray cost of fire and life safety educational programs
S.R. No. 43
RESOLUTION NO. 10481
RESOLUTION AUTHORIZING ACCEPTANCE OF FIVE (5) MISCELLANEOUS
DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY
TO ADMINISTER THE FUNDS IN ACCORDANCE WITH AGREEMENTS AND TERMS
PRESCRIBED BY THE DONORS
This resolution appears as Resolution No. 10481.
D. Consideration of approval of resolution authorizing agreement with MN Department of
Public Safety through Bureau of Criminal Apprehension for replacing present Intoxilyzer
5000 with new breath test instrument that will transmit directly to BCA S.R. No. 44
RESOLUTION NO. 10482
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE MN DEPARTMENT OF
PUBLIC SAFETY /BUREAU OF CRIMINAL APPREHENSION AND THE RICHFIELD
PUBLIC SAFETY DEPARTMENT /POLICE FOR THE REPLACEMENT OF THE
INTOXILYZER 5000 WITH A DATAMASTER DMT -G
This resolution appears as Resolution No. 10482.
M /Goettel, S/Wroge to approve the Consent Calendar.
Motion carried 5 -0.
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #6 PUBLIC HEARING REGARDING RESOLUTION AUTHORIZING USE OF FUNDS
FOR 2011 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM (STAFF REPORT NO. 45)
Council Member Elliott presented Staff Report No. 45.
Debbie Taylor, HOME representative, thanked the City Council for the funding.
Nick Cichowicz, CAPSH representative, thanked the City Council for the funding.
M/Wroge, S /Sandahl to close public hearing.
Motion carried 5 -0.
Council Meeting Minutes -4- February 22, 2011
M /Elliott, S/Wroge that the followinq resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10483
RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2011 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING EXECUTION
OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD
PARTY AGREEMENTS
Motion carried 5 -0. This resolution appears as Resolution No. 10483.
Item #7 PUBLIC HEARING REGARDING RESOLUTION AMENDING RICHFIELD
COMPREHENSIVE PLAN DESIGNATING 7 EAST 70TH STREET, 6941 NICOLLET
AVENUE, 6944 NICOLLET AVENUE, 6945 NICOLLET AVENUE, 6949 NICOLLET
AVENUE, 7001 NICOLLET AVENUE, 7005 NICOLLET AVENUE AND 6800 PENN
AVENUE AS COMMUNITY COMMERCIAL AND 6901 PENN AVENUE AS
MEDIUM -HIGH DENSITY RESIDENTIAL (STAFF REPORT NO. 46)
Council Member Sandahl presented Staff Report No. 46.
Andrew Berg, 6901 Penn Avenue, spoke in support of the amendment.
M/Wroge, S /Sandahl to close the public hearing.
Motion carried 5 -0.
Council Member Wroge questioned the ability of the dental office parcel (7001 Nicollet
Avenue) being converted back to single family and the amendment's impact on 7005 Nicollet
Avenue, a single family residential parcel.
Community Development Director Stark explained the permitted use in community
commercial zoning.
Dennis Dietzlec, owner of 7005 Nicollet Avenue, expressed support of the amendment.
City Attorney Heine explained the permitted uses and non - conforming restrictions.
M /Sandahl, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10484
RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN
CHANGING THE DESIGNATION OF 7 EAST 70TH STREET, 6941 NICOLLET AVENUE, 6944
NICOLLET AVENUE, 6945 NICOLLET AVENUE, 6949 NICOLLET AVENUE, 7001 NICOLLET
AVENUE, 7005 NICOLLET AVENUE AND 6800 PENN AVENUE AS "COMMUNITY
COMMERCIAL" AND 6901 PENN AVENUE AS "MEDIUM -HIGH DENSITY RESIDENTIAL"
Motion carried 5 -0. This resolution appears as Resolution No. 10484.
Council Meeting Minutes -5- February 22, 2011
Item #8 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING
RICHFIELD CITY CODE SECTION 1105 ADDING NEW SUBSECTION RELATED
TO CRIMINAL BACKGROUND CHECKS ON CERTAIN LICENSE APPLICANTS
(STAFF REPORT NO. 47)
Council Member Fitzhenry presented Staff Report No. 47.
M /Fitzhenry, S /Sandhal that this constitutes the second reading of Bill No. 2011 -6 amending
Richfield City Code Section 1105 adding new Subsection related to criminal background checks on
certain license applicants.
Motion carried 5 -0.
Item #9 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING
RICHFIELD CITY CODE APPENDIX 1 CHANGING ZONING DESIGNATION OF
7410 AND 7420 CEDAR AVENUE FROM MR -1 (TWO- FAMILY RESIDENTIAL)
AND MR -2 (MULTI- FAMILY RESIDENTIAL) RESPECTIVELY, TO C -2 (GENERAL
COMMERCIAL) TO BRING PROPERTIES INTO CONFORMANCE WITH
RICHFIELD COMPREHENSIVE PLAN (STAFF REPORT NO. 48)
Council Member Wroge presented Staff Report No. 48.
Community Development Director Stark stated affected property owners were notified but
no discussions took place.
M/Wroge, S /Goettel that this constitutes the second reading of Bill No. 2011 -7 amending
Richfield City Code Appendix 1 changing zoning designation of 7410 and 7420 Cedar Avenue from
MR -1 (Two - Family Residential) and MR -2 (Multi - Family Residential) respectively, to C -2 (General
Commercial) to brinq properties into conformance with Richfield Comprehensive Plan.
Motion carried 5 -0.
Item #10 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING
RICHFIELD CITY CODE SUBSECTION 544.13 RELATED TO MINIMUM PARKING
REQUIREMENTS FOR CLASS IV (TAKE -OUT ONLY) RESTAURANTS (STAFF
REPORT NO. 49)
Mayor Goettel presented Staff Report No. 49.
Community Development Director Stark explained the property owner polices and
administers the Kensington Park parking requirements.
M /Goettel, S /Elliott that this constitutes the second reading of Bill No. 2011 -8 amending
Richfield City Code Subsection 544.13 related to minimum parking requirements for Class IV (take-
out only) restaurants.
Motion carried 5 -0.
Council Meeting Minutes -6- February 22, 2011
Item #11 CONSIDERATION OF RESOLUTION AUTHORIZING AMENDMENT TO FINAL
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR PLANNED UNIT
DEVELOPMENT AT 7610, 7630 AND 7644 LYNDALE AVENUE (KENSINGTON
PARK) ALLOWING ADDITIONAL RESTAURANT SPACE FOR TAKE -OUT ONLY
FACILITY (STAFF REPORT NO. 50)
Mayor Goettel presented Staff Report No. 50.
Colleen Carey, Cornerstone Group, explained a recent parking survey conducted for
Kensington Park and that they believe the parking can be managed to meet the needs of the
proposed new user.
M /Goettel, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10485
RESOLUTION AUTHORIZING AN AMENDMENT TO THE PLANNED UNIT
DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO
ALLOW ADDITIONAL RESTAURANT SPACE AT THE KENSINGTON PARK
DEVELOPMENT LOCATED AT 7610, 7630 AND 7644 LYNDALE AVENUE
Motion carried 5 -0. This resolution appears as Resolution No. 10485.
Item #12 CITY MANAGER'S REPORT
None.
Mayor Goettel acknowledged O'Neal Hampton, resident and participant in the Biggest
Loser Season 9, being in the audience.
Colleen Carey, Cornerstone Group, announced they had a signed purchase agreement
with Lyndale Garden Center.
Item #13 CLAIMS AND PAYROLLS
M/Wroge, S /Sandahl that the following claims and payrolls be approved:
U.S. Bank 2/22/2011
A/P Checks: 201369- 201749 $ 2,683,104.03
Payroll: 73129 -73456 41840 -41841 $ 531,349.58
TOTAL $ 3,214,453.61
Motion carried 5 -0.
Council Meeting Minutes -7- February 22, 2011
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:30
Date Approved: March 8, 2011
C�x
Cheryl K umho z
Recording Secretary
City Manager