09-24-13 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
gee*eed Re ular Meetin 9 Meeting
September 24, 2013
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:02 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Edwina Garcia; and Tom
Present: Fitzhenry.
Staff Present: John Stark, Acting City Manager; Todd Sandell, Public Safety Director;
Chris Regis, Finance Manager; Melissa Poehlman, City Planner; Mary
Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl/, S/Fitzhenry to approve the minutes of the (1) Special City Council Worksession
of September 10, 2013; (2) Special Concurrent City Council and HRA Worksession of September
10, 2013; and (3) Regular City Council Meeting of September 10, 2013.
Motion carried 5-0.
Item #1 PRESENTATION BY HENNEPIN COUNTY ATTORNEY MIKE FREEMAN
Hennepin County Attorney Mike Freeman provided a report on crime trends and outcomes
in the metropolitan area.
Council Meeting Minutes -2- September 24,2013
Item #2 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Elliott reported on the success of the Open Streets at PennFest.
Council Member Sandahl announced the I-35W/I-494 interchange layout development open
house on October 3, 2013 at St. Richard's Church.
Council Member Sandahl stated she is unable to attend the National League of Cities
conference in November and suggested that Council Member Garcia consider attending.
Mayor Goettel announced the Richfield Foundation Wine and Cheese Gathering at
Woodlake Center on October 10, 2013.
Item #3 COUNCIL APPROVAL OF AGENDA
Mayor Goettel stated a representative from St. Richard's requested Consent Calendar Item
4F be moved to Item 5 for separate consideration.
Council Member Fitzhenry requested Item 4E also be moved to Item 5.
M/Elliott, S/Fitzhenry to approve the agenda as amended.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. Consideration of the approval of canceling the public hearing regarding a resolution
authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from
the MN Department of Employment and Economic Development to assist Solera
Corporation in locating in Richfield S.R .No. 186
B. Consideration of the approval of the transfer of funds to close the 76th Street East
Reconstruction Capital Project Fund S.R. No. 187
C. Consideration of the approval of a grant agreement between the State of Minnesota, acting
through the Department of Employment and Economic Development and the City of
Richfield for a Minnesota Investment Fund loan in the sum of$550,000 and a resolution
authorizing the loan agreement between the City of Richfield and Endeavor Air, Inc. S.R.
No. 188
RESOLUTION NO. 10838
RESOLUTION APPROVING MINNESOTA INVESTMENT FUND LOAN
AGREEMENT BETWEEN THE CITY AND ENDEAVOR AIR, INC.
This resolution appears as Resolution No. 10838.
D. Consideration of the approval of the request by the American Legion, 6501 Portland
Avenue, for a temporary on-sale 3.2 percent malt liquor license for the Magicians Hockey
Tent Party event scheduled on September 28, 2013 S.R. No. 189
E. Moved to Item 5.
F. Moved to item 5.
G. Consideration of the approval of the request by the Richfield Foundation for a temporary on-
sale intoxicating liquor license for their Wine and Cheese Tasting event on October 10, 2013
S.R. No. 192
•
Council Meeting Minutes -3- September 24,2013
H. Consideration of the approval of a resolution authorizing the Department of Public
Safety/Police to become a member of the Minnesota Internet Crimes Against Children Task
Force (ICAC) and to receive federal funding from the Office of Justice Programs to assist in
the prevention, interdiction, investigation and prosecution of internet crimes against children
and technology facilitated child exploitation S.R. No. 193
RESOLUTION NO. 10839
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO BECOME
A MEMBER OF THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE
(ICAC)AND TO RECEIVE FEDERAL FUNDING FROM THE OFFICE OF JUSTICE PROGRAMS
TO ASSIST IN THE PREVENTION, INTERDICTION, INVESTIGATION AND PROSECUTION OF
INTERNET CRIMES AGAINST CHILDREN AND TECHNOLOGY FACILITATED CHILD
EXPLOITATION
This resolution appears as Resolution No. 10839.
I. Consideration of the approval of accepting and entering into a contract with Business Impact
Group for program design and fulfillment for Fire Department uniform items S.R. No. 194
J. Consideration of the approval of the request by the Champp's Operating Corporation d/b/a
Champps Americana for a retail on-sale 3.2 percent malt liquor license to serve at Magicians
hockey games in 2013 at the Richfield Ice Arena S.R. No. 195
M/Goettel, S/Garcia to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
Item 4E. Consideration of the approval of the request by the Church of St. Peter, 6730
Nicollet Avenue, for a temporary on-sale intoxicating liquor license for their annual
Fall Festival on October 4, 5 and 6, 2013 S.R. No. 190
Item 4F. Consideration of the approval of the request by the Church of St. Richard,
7540 Penn Avenue, for a temporary on-sale intoxicating liquor license for their
Novemberfest event on November 9 and 10, 2013 S.R. No. 191
Council Member Garcia presented Staff Report Nos. 190 and 191.
Public Safety Director Sandell provided the historical perspective, dating back 10 years, on
instituting the fees.
Council Member Elliott stated he had no problem with waiving the fee.
Mayor Goettel stated a considerable amount of staff time is spent conducting the necessary
investigations related to issuing a liquor license.
City Attorney Tietjen stated the current City Code does not allow for a fee waiver. If the City
Council wishes to consider doing so in the future, staff should be directed to amend the criteria for
a fee waiver.
Council Member Garcia stated she did not support a fee waiver because it may start a
process for other non-profits to make that request and there needs to be consistency.
Council Member Sandahl stated she did not support a fee waiver because of the fairness
issue and the need for staff time compensation.
•
Council Meeting Minutes -4- September 24,2013
M/Garcia, S/Goettel to deny the granting of a fee waiver to the Church of St. Peter and the
Church of St. Richard for their temporary on-sale intoxicating liquor license.
Motion carried 4-0. (Elliott abstain)
M/Sandahl, S/Fitzhenry to approve the request by the Church of St. Peter, 6730 Nicollet
Avenue, for a temporary on-sale intoxicating liquor license for their annual Fall Festival on October
4, 5 and 6, 2013 and to approve the request by the Church of St. Richard, 7540 Penn Avenue, for
a temporary on-sale intoxicating liquor license for their Novemberfest event on November 9 and
10, 2013.
Motion carried 5-0.
Item #6 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE RELATING
TO THE INTEREST RATE FOR INTERNAL LOANS FROM THE CITY'S
PERMANENT IMPROVEMENT REVOLVING FUND, AMENDING SUBSECTION
315.07 OF THE RICHFIELD CITY CODE S.R. NO. 196 S.R. No. 196
Council Member Elliott presented Staff Report No. 196.
M/Elliott, S/Fitzhenry that this constitutes the second reading of Bill No. 2013-18 relating to
the interest rate for internal loans from the City's Permanent Improvement Revolvinq Fund,
amending subsection 315.07 of the Richfield City Code, that it be published in the official
newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item #7 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE RELATING
TO TOBACCO AND THE REGULATION OF ELECTRONIC CIGARETTES AND
ESTABLISHING PENALTIES FOR NONCOMPLIANCE AND A RESOLUTION
AUTHORIZING SUMMARY PUBLICATION OF THE ORDINANCE S.R. NO. 197
Council Member Sandahl presented Staff Report No. 197.
M/Sandahl, S/Fitzhenry that this constitutes the second reading of Bill No. 2013-19 relating
to tobacco and the regulation of electronic cigarettes and establishing penalties for noncompliance,
amending Section 1146 of the Richfield City Code, that it be published in the official newspaper
and made part of these minutes; and that the following resolution be adopted and that it be made
part of these minutes:
RESOLUTION NO. 10840
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2013-19
Motion carried 5-0. This resolution appears as Resolution No. 10840.
Council Member Sandahl requested the Advisory Board of Health consider making a
recommendation to restrict the distance from the door for smoking in outside dining areas.
Item #8 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE RELATING
TO HOARDING AS A NUISANCE AFFECTING PUBLIC HEALTH S.R. NO. 198
Mayor Goettel presented Staff Report No. 198.
Council Meeting Minutes -5- September 24,2013
City Attorney Tietjen explained the ordinance defines the conditions of hoarding and
provides staff the tools to address the issue but does not authorize illegal searches of private
homes.
M/Goettel, S/Sandahl that this constitutes the second reading of Bill No. 2013-20, relating to
hoarding as a nuisance affecting public health, amending Section 925 of the Richfield City Code,
that it be published in the official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item #9 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE RELATING
TO LAWN MAINTENANCE AND PRAIRIE VEGETATION AND DECLARING
NOXIOUS WEEDS AND INADEQUATELY MAINTAINED VEGETATION A
PUBLIC NUISANCE AND A RESOLUTION AUTHORIZING SUMMARY
PUBLICATION OF THE ORDINANCE S.R. NO. 199
Council Member Garcia presented Staff Report No. 199.
M/Garcia, S/Goettel that this constitutes the second reading of Bill No. 2013-21 relating to
lawn maintenance and prairie vegetation and declaring noxious weeds and inadequately
maintained vegetation a public nuisance; amending Section 925 of the Richfield City Code; that it
be published in the official newspaper and that it be made part of these minutes; and that the
following resolution be adopted and that it be made part of these minutes:
RESOLUTION NO. 10841
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2013-21
Motion carried 5-0. This resolution appears as Resolution No. 10841.
Item #10 CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY OF RICHFIELD
TO ENTER INTO A CONTRACT WITH THE CITY OF EDINA TO PROVIDE
DISPATCHING SERVICE FOR THE RICHFIELD POLICE AND FIRE
DEPARTMENTS S.R. NO. 200
Mayor Goettel presented Staff Report No. 200.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10842
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A CONTRACT WITH
THE CITY OF EDINA TO PROVIDE DISPATCHING SERVICE FOR THE RICHFIELD POLICE
AND FIRE DEPARTMENTS
Motion carried 5-0. This resolution appears as Resolution No. 10842.
Item #11 CONSIDERATION OF A RESOLUTION DENYING AN AMENDMENT TO THE
PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR CEDAR POINT COMMONS THAT WOULD
ALLOW CONSTRUCTION OF A MCDONALD'S RESTAURANT AT THE
NORTHWEST CORNER OF 66TH STREET AND RICHFIELD PARKWAY S.R. NO.
201
Council Meeting Minutes -6- September 24,2013
Council Member Fitzhenry presented Staff Report No. 201.
Acting City Manager Stark provided the background related to the proposed restaurant. He
reviewed the Planning Commission's advisory recommendation on the proposed plan, including
building orientation, site design, materials, parking, pedestrian safety, and findings that it does not
meet the goals and objectives of the originally approved PUD, the Cedar Corridor Master Plan nor
the Comprehensive Plan.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10843
RESOLUTION DENYING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT,
FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT
FOR CEDAR POINT COMMONS
Acting City Manager Stark briefly discussed the need for the Proposed PUD Amendment to
be consistent with the Cedar Corridor Master Plan, the Comprehensive Plan and the adopted
Cedar Point Commons PUD agreement.
City Planner Poehlman reviewed the technical issues, including drive-thru setback, parking,
delivery and waste hauling truck traffic, landscaping and lighting.
Mayor Goettel stated she agreed with the Planning Commission findings for denial because
the proposed restaurant does not meet the goals and objectives of the original PUD. She said she
did not support this location for a McDonald's.
Council Member Elliott expressed concern that none of the objections were raised at the
first Planning Commission meeting when the restaurant proposal was made and was offended by
how this was handled.
Council Member Fitzhenry stated he believes this to be the wrong site for a McDonald's and
that the community desired a sit-down restaurant.
Council Member Sandahl agreed with the pedestrian concerns and expressed appreciation
for McDonald's revisions from the first proposed plan. She continued that the site has been vacant
a long time and she supported McDonald's because there are no alternatives.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10843
RESOLUTION DENYING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT,
FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT
FOR CEDAR POINT COMMONS
Motion carried 3-2. (Sandahl and Elliott oppose) This resolution appears as Resolution No.
10843.
Item #12 PUBLIC HEARING REGARDING A RESOLUTION DENYING APPROVAL OF A
PRELIMINARY AND FINAL PLAT FOR LOTS 1, 2 AND 3, BLOCK 2, CEDAR
POINT COMMONS (NORTHWEST CORNER OF 66TH STREET AND RICHFIELD
PARKWAY) S.R. NO. 202
Council Member Fitzhenry presented Staff Report No. 202.
Council Meeting Minutes -7- September 24,2013
City Planner Poehlman explained that the City Council is obligated to deny the plat request
since that approval is dependent upon review of the proposed building, site and utility plans.
Mark Kampmeyer, Ryan Companies, spoke about the economic impacts on the
development and the change in consumer patterns. He stated there should be change and
flexibility from the original PUD.
Chris Simmons, Welsh Companies, explained the difficulty in attracting businesses to
Cedar Point and that McDonald's would re-validate the area and help with leasing remaining
vacancies.
Chris Grote, Lindquist &Vennum, attorney representing McDonald's, requested the City
Council re-visit Item #11 because he believed voting without a public hearing was improper and
unlawful since McDonald's was denied the opportunity to speak. He expressed concern regarding
the Planning Commission action based upon `we can do better' as an objective standard.
Trish Rothe, Kimle-Horn &Assoc., addressed the Planning Commission and City Council
concerns stating that McDonald's had done everything within the site constraints.
Sean Hayford Oleary, 7229 Second Avenue, expressed support for the City Council's
decision because of bikeway impacts and the site plan is not what is envisioned by the community.
Duane Helm, Mt. Calvary Church, expressed concerns regarding McDonald's being on the
site because of its close location to their school and that the church had hoped for a development
as originally planned.
Anthony Thompson, McDonald's USA, expressed concern regarding being denied the
opportunity to speak on Item #11.
Doug Olson, 6608 Clinton Avenue, spoke in support of the Planning Commission's
recommendation. He stated the success of Target and Home Depot makes the area marketable.
M/Goettel, S/Fitzhenry 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. 10844
RESOLUTION DENYING FINAL APPROVAL OF A PLAT FOR
LOTS 1, 2 AND 3, BLOCK 2, CEDAR POINT COMMONS
Acting City Manager Stark explained a public hearing for a PUD was held before the
Planning Commission which is the practice and as provided in the ordinance.
City Attorney Tietjen stated that the Planning Commission held a public hearing on this
matter and any interested parties had the opportunity to be heard. She also stated that the City
Council is not legally required to conduct another public hearing. She added that the Planning
Commission had a lengthy discussion on this issue and its recommendation to the City Council to
deny the application was based on a number of factors and not solely the "we could do better"
statement as suggested by the applicant's attorney.
Acting City Manager Stark clarified the Planning Commission is an advisory commission
and is not a prevailing factor in the vote. He stated that ultimately, the City Council must make its
own findings and did so in adopting the resolution (and all of its findings contained therein) in their
consideration of item #11.
Motion carried 5-0. This resolution appears as Resolution No. 10844.
Council Meeting Minutes -8- September 24,2013
Item #13 CONSIDERATION OF APPOINTMENTS TO THE CITY ADVISORY
COMMISSIONS S.R. NO. 203
M/Sandahl, S/Fitzhenry to make the following appointments:
ARTS COMMISSION
Name Term Expires
Alexander Dahl January 31, 2016
HUMAN RIGHTS COMMISSION
Name Term Expires
Emilia Gonzalez Avalos January 31, 2015
Mirza Baig (youth) August 31, 2014
Motion carried 5-0.
Item #14 CITY MANAGER'S REPORT
None.
Item #15 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 09/24/13
NP Checks: 225031 -225457 $ 1,988,652.68
Payroll: 95584— 95926 $ 563,973.95
TOTAL 95584 2,552,626.63
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:53 p.m.
Date Approved: October 8, 2013 1 j
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Debbie Goettel
Mayor
Cheryl Krur(holz tl •1'"n :"T r
Executive Coordinator ct. ! City Manager