07-09-13 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
gei *eed Re ular Meetin 9 Meeting
July 9, 2013
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Tom Fitzhenry; and
Edwina Garcia.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety
Director; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive
Coordinator.
OPEN FORUM
Susan Rosenberg, 6633 Thomas Avenue, announced the Richfield Beautiful Garden Tour
on Saturday, July 13.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Garcia, S/Sandahl to approve the minutes of(1) Special Concurrent City Council and
Planning Commission Worksession of June 25, 2013; and (2) Regular City Council Meeting of
June 25, 2013.
Motion carried 5-0.
Item #1 COUNCIL DISCUSSION
• CANCELLATION OF TUESDAY, AUGUST 27, 2013 REGULAR CITY
COUNCIL MEETING
• HATS OFF TO HOMETOWN HITS
Council Meeting Minutes -2- July 9,2013
M/Fitzhenry, S/Elliott to cancel the Tuesday, August 27, 2013 Regular City Council Meeting.
Motion carried 5-0.
Council Member Sandahl announced the July 14 Asante Children's Choir concert at
Woodlake Lutheran Church.
The City Council discussed the success July 4 events and acknowledged the efforts of the
Fourth of July Committee.
Council Member Fitzhenry discussed the recent outdoor concert and Veterans Memorial
Park as a potential band shell site.
Mayor Goettel encouraged residents to perform property maintenance now that the wet
weather has passed.
Mayor Goettel requested the City monitor the weeds along 76th Street.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. Consideration of approval of the first reading of a transitory ordinance vacating a storm
sewer easement at 6400 Lyndale Avenue and scheduling a public hearing and second
reading for July 23, 2013 S.R. No. 127
B. Consideration of approval of the first reading of an ordinance amending the Richfield City
Code relating to tattoo, body piercing, body branding and body painting services S.R. No.
128
C. Consideration of approval of a resolution authorizing an interim use permit to allow Richfield
Bloomington Honda to use City-owned property at 7700 Pillsbury Avenue for off-site
employee parking S.R. No. 129
RESOLUTION NO. 10811
RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW A STANDALONE PARKING
FACILITY BY RICHFIELD BLOOMINGTON HONDA AT 7700 PILLSBURY AVENUE
This resolution appears as Resolution No. 10811.
D. Consideration of approval of a resolution authorizing acceptance of grant monies in the
amount of$26,300 from the MN Department of Commerce Auto Theft Prevention for the
purchase of two automated license plate readers to be used in the Police Patrol Division
S.R. No. 130
RESOLUTION NO. 10812
RESOLUTION AUTHORIZING RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC
SAFETY/POLICE TO ACCEPT THE AUTO THEFT PREVENTION GRANT FROM THE
MINNESOTA DEPARTMENT OF COMMERCE FOR $26,300 TO BE USED TO PURCHASE TWO
AUTOMATED LICENSE PLATE READERS
This resolution appears as Resolution No. 10812.
Council Meeting Minutes -3- July 9,2013
E. Consideration of approval of authorizing an additional $33,905 for concrete, sidewalk, curb
and gutter repair S.R. No. 131
F. Consideration of approval of a resolution authorizing "No Parking" on both sides of Richfield
Parkway from 65th to 63rd Street S.R. No. 132
RESOLUTION NO. 10813
RESOLUTION FOR PARKING RESTRICTIONS ON RICHFIELD PARKWAY
FROM 65TH STREET TO 63RD STREET
This resolution appears as Resolution No. 10813.
M/Goettel, S/Fitzhenry to approve the Consent Calendar.
Motion carried 5-0.
Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #5 DISCIPLINARY HEARING REGARDING A RESOLUTION IMPOSING CIVIL
ENFORCEMENT ON AN ESTABLISHMENT IN RICHFIELD THAT UNDERWENT
A TOBACCO COMPLIANCE CHECK CONDUCTED BY THE RICHFIELD
PUBLIC SAFETY AND FAILED BY SELLING TOBACCO TO UNDERAGE
YOUTH S.R. NO. 133
Mayor Goettel presented Staff Report No. 133.
Pump N Munch —6300 Lyndale Avenue — no representative present. Public Safety
Director Sandell stated no appearance has been deemed admission of fault.
City Manager Devich suggested mandating appearance as part of the enforcement.
City Manager Devich apologized to the City Council that one Richfield Liquor Store failed
the compliance check. He explained the strict City policy.
Council Member Sandahl suggested increasing the penalty if the establishment does not
appear.
City Attorney Tietjen stated that it is within local control to establish the penalty.
M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10814
RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR PUMP N MUNCH, 6300 LYNDALE
AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO
COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 10814.
Council Meeting Minutes -4- July 9,2013
Item #6 CONSIDERATION OF A RESOLUTION AUTHORIZING A CONDITIONAL USE
PERMIT FOR A FULL SERVICE RESTAURANT WITH INTOXICATING LIQUOR
FOR EL TEJEBAN AT 6501 NICOLLET AVENUE S.R. NO. 134
Council Member Garcia presented Staff Report No. 134.
M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10815
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FULL-SERVICE
RESTAURANT AT 6501 NICOLLET AVENUE
Council Member Elliott asked about the process of facilitating and monitoring the Planning
Commission's recommended stipulation requiring the property owner to meet with staff and a
neighborhood representative to discuss noise and nuisance issues that are of concern to the
residents in the area.
Community Development Director Stark clarified that the Planning Commission's direction
was for staff to serve as the facilitator with planning and environmental health staff as resources.
Luis Caire, applicant representative, expressed concerns that the hours of operation of this
new business are being limited based upon the conduct of the prior tenant. He stated that El
Tejeban's current location has been operating across the street for five years and open until 2 a.m.
Monday through Friday with no liquor sales violations. He added that closing at midnight would not
work financially. He requested the City Council reconsider the 12 a.m. closing and consider having
liquor sales end at 10 p.m. Monday through Thursday and 2 a.m. on Friday through Sunday.
Community Development Director Stark stated that the 12 a.m. closing was a staff
recommendation based upon feedback after the Planning Commission meeting. He added that the
business's new location abuts a residential area and the one across the street does not. El
Tejeban will need to apply for a new liquor license for the new location.
Council Member Sandahl stated that she was comfortable extending the hours of operation
because El Tejeban has been operating a business with no issues.
M/Sandahl, S/Fitzhenry to approve a friendly amendment to the original motion to revise the
stipulation to allow hours of operation of 10 a.m. to 10 p.m. Monday through Thursday and 10 a.m.
to 2 a.m. Friday through Sunday.
Robert Wise, property management representative, agreed to meeting with the
neighborhood and compromising on parking and noise issues.
M/Sandahl, S/Fitzhenry to approve a second friendly amendment to the first amendment to
include a stipulation to require the installation of bicycle racks.
Council Member Garcia suggested waiting on requiring bicycle racks until there are
standards in place so there is consistency for all businesses.
Council Member Sandahl stated the Bicycle Task Force is developing the standard.
Motion carried 5-0. (original motion and first friendly amendment)
Motion carried 5-0 (second friendly amendment)
This resolution appears as Resolution No. 10815.
Council Meeting Minutes -5- July 9,2013
Community Development Director Stark asked for clarification regarding the first
amendment for hours of operation of 10 a.m. to 10 p.m. Monday through Thursday and 10 a.m. to
2 a.m. Friday through Sunday.
Mayor Goettel and the applicant confirmed that those were the correct hours of operation.
City Manager Devich wanted further clarification as to if the friendly amendment was for
hours of operation or hours of alcohol sales.
The applicant confirmed that it was for hours of operation. All business will cease at 10 p.m.
Monday through Thursday and 2 a.m. Friday through Sunday.
Item #7 CONSIDERATION OF A RESOLUTION DENYING AN AMENDMENT TO THE
APPROVED CEDAR POINT COMMONS PLANNED UNIT DEVELOPMENT,
FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT THAT WOULD
ALLOW CONSTRUCTION OF A MCDONALD'S RESTAURANT AT THE
NORTHWEST CORNER OF 66TH STREET AND RICHFIELD PARKWAY S.R. NO.
135
Community Development Director Stark informed the Council that McDonald's requested
Items 7 & 8 be continued to August 13, 2013.
M/Goettel, S/Fitzhenry to amend the agenda to continue consideration of Item 7 and Item 8
to the August 13, 2013 Regular City Council Meeting.
Motion carried 5-0.
Item #8 PUBLIC HEARING REGARDING A RESOLUTION DENYING APPROVAL OF A
REVISED PLAT FOR THE AREA AT THE NORTHWEST CORNER OF 66TH
STREET AND RICHFIELD PARKWAY; LOTS 1, 2 AND 3, BLOCK 2, CEDAR
POINT COMMONS S.R. NO. 136
By the City Council motion for Item 7, this item was continued to the August 13, 2013
Regular City Council Meeting.
Item #9 CITY MANAGER'S REPORT
City Manager Devich explained why the July 4 carnival was discontinued.
Item #10 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 07/09/13
A/P Checks: 223109 - 223513 $ 1,397,868.88
Payroll: 93717 — 94091; 42163 -42165 $ 611,401.18
TOTAL $ 2,009,270.06
Motion carried 5-0.
Council Meeting Minutes -6- July 9,2013
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 7:57 p.m.
Date Approved: July 23 2013
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