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072611regular CITY COUNCIL MEETING MINUTES RICHFIELD Richfield, Minnesota Regular Meeting July 26, 2011 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; Pat Elliott; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Karen Barton, Acting Community Development Director; Barry Fritz, Public Safety Director/Chief; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance 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/Wroge, S/Elliott to approve the minutes of(1) Special City Council Worksession of July 12, 2011; and (2) Regular City Council Meeting of July 12, 2011. Motion carried 5-0. Council Meeting Minutes -2- July 26,2011 Item #1 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Sandahl announced Night to Unite is August 2, 2011. Mayor Goettel announced the Richfield South Education Center Alternative School won the National Cook-Off Competition as part of First Lady Obama's healthy recipe competition. Council Member Wroge stated he was unable to attend the November National League of Cities conference as originally approved. Mayor Goettel requested Council Member Elliott and Council Member Fitzhenry, since they have not attended conferences previously, check their availability to attend the National League of Cities conference and get back to her. Public Works Director Eastling reviewed the timeline of the Metropolitan Council metro sewer project. Item #2 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Wroge to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Consideration of approval of resolution authorizing submittal of funding application for Federal Transportation Enhancement funds for 63rd Street Greenway S.R. No. 151 RESOLUTION NO. 10534 RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION FOR THE 63RD STREET GREENWAY PROJECT FOR FEDERAL TRANSPORTATION ENHANCEMENT PROGRAM FUNDS This resolution appears as Resolution No. 10534. B. Consideration of approval of resolution authorizing acceptance of grants and donations received by Richfield Recreation Services and Public Works Departments S.R. No. 152 RESOLUTION NO. 10535 RESOLUTION AUTHORIZING ACCEPTANCE OF ALL GRANTS AND DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS This resolution appears as Resolution No. 10535. Council Meeting Minutes -3- July 26,2011 C. Consideration of approval of resolution establishing special revenue funds to conform to Governmental Accounting Standards Board Statement#54 S.R. No. 153 RESOLUTION NO. 10536 RESOLUTION AUTHORIZING THE COMMITTEE OF SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS This resolution appears as Resolution No. 10536. D. Consideration of approval of 2011 agreement with City of Bloomington for provision of food inspection services for City of Richfield S.R. No. 154 E. Consideration of approval of resolution authorizing Richfield Department of Public Safety acceptance of grant funds from U.S. Department of Justice, Office of Justice Programs, Justice Assistance Grant (JAG) Program S.R. No. 155 RESOLUTION NO. 10537 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $13,200 FROM THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR SELECTED TRAFFIC AND NARCOTIC ENFORCEMENT, SPECALIZED TRAINING FOR POLICE PERSONNEL, AND CRIME PREVENTION AND JCPP (JOINT COMMUNITY POLICE PARTNERSHIPS) PROGRAMS This resolution appears as Resolution No. 10537. F. Consideration of approval of public dance and temporary food licenses for Richfield- Bloomington Credit Union Membership Appreciation Day on July 30, 2011 S.R. No. 156 M/Goettel, S/Wroge 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 SECOND READING OF ORDINANCE AMENDING SECTION 547 (ADMINISTRATION) OF ZONING CODE; SPECIFICALLY APPLICATION PROCESS, REQUIREMENTS AND TERMS OF CONDITIONAL USE PERMITS, VARIANCES, SITE PLAN APPROVAL AND INTERIM USE PERMITS AND AMENDING REGULATIONS RELATED TO REQUIREMENT FOR DRIVEWAY PERMIT AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE (STAFF REPORT NO. 157) Council Member Fitzhenry presented Staff Report No. 157. Council Meeting Minutes -4- July 26,2011 City Planner Poehlman explained the interim use permit clarification. M/Fitzhenry, S/Sandahl that this constitute second reading of Bill No. 2011-17 amending Section 547 (Administration) of Zoning Code; specifically application process, requirements and terms of conditional use permits, variances, site plan approval and interim use permits and amending regulations related to requirement for driveway permit and resolution authorizing summary publication of ordinance: RESOLUTION NO. 10538 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING SUBSECTIONS 507.07, SUBDIVISION 129; 547.07, SUBDIVISION 3; 547.09, SUBDIVISIONS 4, 9 AND 11; 547.11, SUBDIVISIONS 1, 3, 4, 9, AND 12; 547.13, SUBDIVISIONS 1 THROUGH 4 AND 11; AND 547.15, SUBDIVISIONS 2, 3 AND 5 RELATED TO THE ADMINISTRATION OF ZONING PERMITS; AND SUBSECTION 514.05, SUBDIVISION 6; SUBSECTION 518.05, SUBDIVISION 6; AND SUBSECTION 522.05, SUBDIVISION 6 RELATED TO DRIVEWAY PERMITS Motion carried 5-0. This resolution appears as Resolution No. 10538. Item #6 CONSIDERATION OF SECOND READING OF ORDINANCE RELATING TO STORAGE OF GARBAGE, REFUSE AND RECYCLABLES CONTAINERS; AMENDING SUBSECTION 601.25 OF RICHFIELD CITY CODE TO REQUIRE SCREENING (STAFF REPORT NO. 158) Council Member Wroge presented Staff Report No. 158. M/Fitzhenry, S/Sandahl that this constitute second reading of Bill No. 2011-18 relating to storage of garbage, refuse and recyclables containers; amending Subsection 601.25 of Richfield City Code to require screening. Public Safety Director/Chief Fritz displayed visual examples of acceptable and unacceptable screening based upon the proposed ordinance. Mayor Goettel also displayed examples of unacceptable garbage containers which also included additional property maintenance violations. She suggested community volunteers assist in gathering addresses with property maintenance violations and provide the list to City staff for processing. Council Member Wroge stated the proposed ordinance will result in Richfield having a better image without excessive expense to the residents. Council Member Elliott expressed concern regarding the application of the ordinance due to small lot sizes and residents with disabilities. He suggested tabling the decision to allow time for these considerations and that he could not vote for the proposed ordinance as it currently reads. Council Member Fitzhenry stated screening is a solution to not moving containers to the rear of the house. Building a structure is not a mandate but rather the ordinance provides for hiding the container from street view. Council Member Sandahl stated to require screening will impact many residents, not permit screening in front of the house, and greenery that is acceptable in the summer may not be in the Council Meeting Minutes -5- July 26,2011 winter. She said she understood the purpose of the ordinance but if it passes, suggested extending the time to do the screening. She said she did not support the ordinance as it stands right now. Mayor Goettel stated something needs to be done regarding the storage of containers and said she would entertain suggestions to make a more pleasant visual from the street. City Attorney Heine suggested changes to the ordinance regarding the location of the containers. John Kelly, 6815 3rd Avenue, spoke in opposition to the ordinance and requested the Property Excellence Task Force study that indicates this mandate will improve the value of homes. He expressed concerns about creating hardships in the winter. Ken Severson, 7316 Lyndale Avenue, agreed with the goal of the ordinance but that it will not achieve the goal because screening of containers does not affect litter nor does he consider them visual clutter. He suggested options on improving properties, such as garbage container screening, be provided and promoted at public events, not through an ordinance. Council Member Fitzhenry responded the ordinance is not intended as a burden but to improve the visual appeal of neighborhoods, and agreed with educating the public. He said he would not support the ordinance as it stands now. Motion denied 1-4. (Goettel, Sandahl, Fitzhenry, Elliott opposed.) The City Council consensus was to encourage volunteers to report property maintenance violations to City staff. Item #7 CITY MANAGER'S REPORT City Manager Devich reported the Nicollet Avenue bridge over 1-494 closes on August 1, 2011 for reconstruction work. Item #8 CLAIMS AND PAYROLLS M/Sandahl, S/Fitzhenry that the following claims and payrolls be approved: U.S. Bank 7/26/2011 A/P Checks: 205298-205703 $ 1,756,674.10 Payroll: 76784-77150 $ 582,029.01 TOTAL $ 2,338,703.11 Motion carried 5-0. OPEN FORUM None. Council Meeting Minutes -6- July 26,2011 ADJOURNMENT The City Council meeting was adjourned by u 1- ' ous c is tat 8. 2 p / Date Approved: August 9, 2011 PA` `y. ii" II-.•V- i 4 .. , 7e Devic Recording Secretary City I anager