12-11-07 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
December 11, 2007
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:03 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and
Bill Kilian.
Staff Present: Steven L. Devich, City Manager; Bruce Palmborg, Community
Development Director; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Dan Scott, Public Safety
Director; Brad Sveum, Fire Services Director; Bill Fillmore, Liquor
Operations Director; John Stark; Assistant Community Development
Director/Community Development Manager; Chris Regis, Finance
Manager; Melissa Poehlman, Zoning Administrator; Cheryl Krumholz,
Recording Secretary; and Corrine Heine, City Attorney.
Mayor Goettel stated tonight’s meeting was lengthy and requested that speakers limit their
comments, if possible.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Council Meeting Minutes -2- December 11, 2007
APPROVAL OF MINUTES
M/Sandahl, S/Rosenberg to approve the minutes of (1) Regular City Council Meeting of
November 13, 2007; (2) Special City Council Worksession of November 27, 2007; (3) Regular City
Council Meeting of November 27, 2007; and (4) Special City Council Meeting of December 3,
2007.
Motion carried 5-0.
Item #1 PRESENTATION OF A PROCLAMATION DESIGNATING DECEMBER 13,
2007 AS ARC’S VALUE VILLAGE THRIFT STORE & DONATION DAY IN
RICHFIELD
Council Member Rosenberg presented the proclamation.
Item #2 INTRODUCTION OF RECENTLY APPOINTED DISTRICT C METROPOLITAN
AIRPORTS COMMISSION REPRESENTATIVE LISA PIELEN
Ms. Pielen discussed her appointment to the MAC by the Governor. She stated she was
pleased with the recent noise settlement with the MAC.
Item #3 UPDATE FROM METROPOLITAN AIRPORTS COMMISSION MANAGER OF
AVIATION NOISE AND SATELLITE PROGRAMS, CHAD LEQVE,
REGARDING MINNEAPOLIS-ST. PAUL AIRPORT NOISE CONCERNS
CAUSED BY RAMP OPERATIONS
Mr. Leqve discussed the Noise Oversight Committee’s accomplishments and the response
to the noise complaints related to the airport’s westside air cargo operations.
Item #4 ANNUAL MEETING WITH THE CHARTER COMMISSION
Charter Commission President John Easterwood reported on the commissions’ 2007
accomplishments.
Council Meeting Minutes -3- December 11, 2007
Item #5 RICHFIELD FOUNDATION AWARDING OF GRANTS
Debbie Goettel, Richfield Foundation President, presented $16,350 in Richfield Foundation
grants and a $1,000 grant from the Jenny Sandahl scholarship fund.
Item #6 UPDATE FROM CITY HALL TASK FORCE II REGARDING PROPOSED NEW
RICHFIELD POLICE, FIRE AND CITY HALL FACILITY
Rick Jabs, City Hall Task Force II Chair, provided an update on the two recent open
houses, which approximately a total of 80 people attended. Comments were generally positive on
the design and funding options. The next step is the City Council taking action to move forward
with authorizing funding for an architect to prepare sketches to design the building.
Tom Rublein, Co-Chair, reviewed the communication efforts to notify the public of the open
houses. The task force will also have a booth at the January Remodeling Fair.
Council Member Kilian expressed disappointment with the attendance.
Council Member Wroge stated information on the project is on the City’s website.
Item #7 PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR FINANCIAL
REPORTING TO CITY OF RICHFIELD FINANCE MANAGER CHRIS REGIS
Mayor Goettel presented a Certificate of Achievement for Financial Reporting to City of
Richfield Finance Manager Chris Regis.
Item #8 COUNCIL DISCUSSION
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HATS OFF TO HOMETOWN HITS
Council Member Rosenberg presented certificates of recognition to Thompson’s Fireside
Pizza and Red Pepper Chinese Restaurant for their successful alcohol compliance checks.
M/Sandahl, S/Kilian to authorize the City Manager to order the City Council name badges.
Motion carried 5-0.
Council Member Kilian requested Public Safety Director Scott report on the snow removal
efforts so far this season.
Public Safety Director Scott reported on the number of citations and towing of vehicles related
to the past two snow events. The numbers are consistent with neighboring cities. He also reviewed
the communication efforts to inform the public of the 2” snow event rule of no street parking until
Council Meeting Minutes -4- December 11, 2007
plowed curb to curb.
Council Member Kilian encouraged residents to report to the City any snow clean up needing
to be completed because of snowbirds.
Mayor Goettel announced the MIRA open house.
Item #9 COUNCIL APPROVAL OF AGENDA
M/Wroge, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. Approved the resolution authorizing the City to enter into a master partnership contract with
the Minnesota Department of Transportation S.R. No. 315
RESOLUTION NO. 10037
RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A
MASTER PARTNERSHIP CONTRACT WITH THE MINNESOTA
DEPARTMENT OF TRANSPORTATION
This resolution appears as Resolution No. 10037.
B. Approved the removing of the stop sign on 67th Street at Cedar Avenue and relocating the
stop sign to control traffic on the north leg of Cedar Avenue at 67th Street S.R. No. 316
C. Approved the resolution authorizing the City to enter into a cooperative construction
agreement with the Minnesota Department of Transportation allowing the City to administer
Mn/DOT’s portion of the Richfield Lake Improvement Project S.R. No. 317
RESOLUTION NO. 10038
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD
TO ENTER INTO MN/DOT AGREEMENT NO. 91920
ALLOWING FOR A LUMP SUM PAYMENT
FROM THE STATE OF MINNESOTA FOR THE
RICHFIELD LAKE TRAIL CONSTRUCTION
This resolution appears as Resolution No. 10038.
M/Wroge, S/Rosenberg to approve the Consent Calendar.
Motion carried 5-0.
Council Meeting Minutes -5- December 11, 2007
Item #11 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #12 PUBLIC HEARINGS REGARDING 2008 PAWNBROKER AND SECONDHAND
GOODS DEALER LICENSE RENEWALS:
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METRO PAWN & GUN, INC., 7529 LYNDALE AVENUE S.R. NO. 318
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UNIVERSITY CASH COMPANY, LLC D/B/A AVI’S PAWN AND JEWELRY,
6414 NICOLLET AVENUE S.R. NO. 319
Council Member Kilian presented Staff Report No. 318.
Council Member Kilian stated that almost all the license renewals tonight have an increase
in criminal contacts.
Public Safety Director Scott stated establishments are encouraged to call public safety and
not all contacts are controllable by the owner.
Mark Nichols, owner, stated he was available to answer questions.
M/Kilian, S/Rosenberg to close the public hearing.
Motion carried 5-0.
M/Kilian, S/Sandahl to approve the renewal of the 2008 Pawnbroker and Secondhand
Goods Dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South.
Motion carried 5-0.
Council Member Kilian presented Staff Report No. 319.
Andy Strauss, owner, stated he was available to answer questions.
M/Wroge, S/Kilian to close the public hearing.
Motion carried 5-0.
M/Kilian, S/Wroge to approve the renewal of the 2008 Pawnbroker and Secondhand Goods
Dealer licenses for University Cash Company, LLC d/b/a Avi’s Pawn & Jewelry, 6414 Nicollet
Avenue South.
Motion carried 5-0.
Council Meeting Minutes -6- December 11, 2007
Item #13 PUBLIC HEARINGS REGARDING 2008 CLUB ON-SALE AND SUNDAY LIQUOR
LICENSE RENEWALS:
A. FRED BABCOCK V.F.W. POST NO. 5555, INC., D/B/A FOUR NICKELS FOOD
& DRINK; 6715 LAKE SHORE DRIVE S.R. NO. 320
B. MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND
AVENUE S.R. NO. 321
Council Member Sandahl presented Staff Report No. 320.
M/Sandahl, S/Wroge to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Wroge to approve the renewal of Club On-Sale and Sunday Liquor licenses
for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food and Drink, 6715 Lake Shore
Drive.
Motion carried 5-0.
Council Member Sandahl presented Staff Report No. 321. She expressed concern
regarding the criminal contacts.
No one from the American Legion was present.
Public Safety Director Scott stated that all managers and owners are encouraged to be
present at the public hearings.
M/Sandahl, S/Kilian to close the public hearing.
Motion carried 5-0.
Mayor Goettel stated she found it disturbing to have increases in criminal contact and asked
at what point such activity is monitored.
Public Safety Director Scott said he will review the data included with the Staff Report and
provide an update to the City Council.
M/Sandahl, S/Wroge to approve the renewal of Club On-Sale and Sunday Liquor licenses
for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue South.
Motion carried 5-0.
Council Meeting Minutes -7- December 11, 2007
Item #14 PUBLIC HEARINGS REGARDING 2008 ON-SALE WINE AND 3.2 PERCENT
MALT LIQUOR LICENSE RENEWALS:
A. CHIPOTLE MEXICAN GRILL OF COLORADO, LLC, 7644 LYNDALE AVENUE
S.R. NO. 322
B. THOMPSON’S FIRESIDE PIZZA, INC., D/B/A FIRESIDE PIZZA, 6736 PENN
AVENUE S.R. NO. 323
C. KIANG’S RED PEPPER, INC., D/B/A RED PEPPER CHINESE RESTAURANT,
2902 WEST 66TH STREET S.R. NO. 324
D. THE NOODLE SHOP-COLORADO, INC., D/B/A NOODLES AND COMPANY,
7630 LYNDALE AVENUE S.R. NO. 325
E. NAVIYA’S THAI KITCHEN, 6345 PENN AVENUE S.R. NO. 326
F. PATRICK’S FRENCH BAKERY, INC. D/B/A PATRICK’S BAKERY & CAFÉ,
2928 WEST 66TH STREET S.R. NO. 327
Council Member Wroge asked if one public hearing could be held for all the on-sale wine
and 3.2 percent malt liquor license renewals.
City Attorney Heine stated that a combined public hearing could be conducted but it needed
to be made clear if someone wished to speak about a specific license.
Council Member Wroge presented Staff Report No. 322 through 327.
M/Wroge, S/Kilian to close the public hearing.
Motion carried 5-0.
Council Member Sandahl questioned the increased number of criminal contacts at Fireside
Pizza.
Public Safety Director Scott stated he will review those contacts.
Rich Thompson, Fireside Pizza owner, stated the number of criminal contacts included in
the Staff Report is incorrect.
M/Wroge, S/Sandahl to approve the renewal of 2008 On-Sale Wine and 3.2 Percent Malt
liquor licenses for Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue South;
Thompson’s Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue South; Kiang’s Red
Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street; The Noodle Shop –
Colorado Inc., d/b/a Noodles and Company, 7630 Lyndale Avenue South; Naviya’s Thai Kitchen,
6345 Penn Avenue; and Patrick’s French Bakery Inc., d/b/a Patrick’s Bakery & Café, 2028 West
66th Street.
Motion carried 5-0.
Council Meeting Minutes -8- December 11, 2007
Item #15 PUBLIC HEARINGS REGARDING 2008 ON-SALE INTOXICATING AND SUNDAY
LIQUOR LICENSE RENEWALS:
A. WILTSHIRE RESTAURANTS, LLC, D/B/A HOULIHAN’S RESTAURANT & BAR,
6601 LYNDALE AVENUE S.R. NO. 328
B. DON PABLO’S OPERATING CORP., D/B/A DON PABLOS, 980 WEST 78TH
STREET S.R. NO. 329
C. PAISAN INC., D/B/A KHAN’S MONGOLIAN BARBEQUE, 500 EAST 78TH
STREET S.R. NO. 330
D. TACO MORELOS II, INC., TWO WEST 66TH STREET S.R. NO. 331
Council Member Rosenberg presented Staff Report No. 328 through 331.
M/Rosenberg, S/Kilian to close the public hearing.
Motion carried 5-0.
M/Rosenberg, S/Kilian to approve the renewal of the 2008 On-Sale Intoxicating and Sunday
Liquor licenses for Wiltshire Restaurants, LLC d/b/a Houlihan’s Restaurant & Bar, 6601 Lyndale
Avenue South; Don Pablo’s Operating Corporation d/b/a Don Pablos, 980 West 78th Street;
Paisan, Inc., d/b/a Khan’s Mongolian Barbeque, 500 East 78th Street; Avenue South; and Taco
Morelos II, Inc., 2 West 66th Street.
Motion carried 5-0.
Item #16 PUBLIC HEARING REGARDING 2008 ON-SALE WINE AND 3.2 PERCENT MALT
LIQUOR LICENSES FOR ARIBEL’S 1120 EAST 66TH STREET S.R. NO. 332
Mayor Goettel presented Staff Report No. 332.
Public Safety Director Scott stated the Department of Revenue reports the third quarter
taxes are not paid and the State Department of Public Safety reports the owner has not had a
buyer’s card since December 2006 so they cannot purchase alcohol. He also discussed notification
from the Minnesota State Alcohol and Gambling Enforcement indicating that while Aribel’s was on
the Minnesota Department of Revenue Liquor Posting tax delinquent list, they bought liquor at retail
for the purpose of resale, which is in violation of State Statute.
Chetranee Seepersaud, owner, stated that they have a buyer’s card and will provide proof.
She said they are in the process of paying the taxes. She continued that she was not aware of the
retail purchase.
Council Member Sandahl asked Ms. Seepersaud when the accountant’s statement reporting
the percent of food versus liquor sales ratio would be provided.
Ms. Seepersaud stated that statement had been provided to staff.
Public Safety Director Scott suggested the liquor licenses be granted with conditions but not
issued until all the documentation has been received.
Council Meeting Minutes -9- December 11, 2007
City Attorney Heine explained the purchase of alcohol at retail for resale is a violation of
State law, including the notification of wholesale liquor distributors being notified and being barred
from selling to that establishment. The City is aware of Aribel’s one instance of buying retail and
reselling, which they were penalized by the State, but the City is not aware of any other violations.
Stock purchased prior to the ban, can be sold.
City Attorney Heine continued that workers’ compensation insurance is not required
because this is a family-run business.
Council Member Wroge asked the owner about noise complaints by the neighbors.
Ms. Seepersaud said the noise is being monitored.
Council Member Wroge expressed concern about how the business is being run when it
appears that no customers are there.
Ms. Seepersaud explained there is a good take-out order business, which is picked up by
the customers. They are also working on improving the exterior of the business. Customers are
also complaining that the restaurant does not have a full bar.
M/Kilian, S/Wroge to close the public hearing.
Motion carried 5-0.
Mayor Goettel stated that because of issues with the establishment and additional
information to be provided, she would consider issuing a conditional license.
M/Sandahl, S/Kilian to approve the renewal of the 2008 On-Sale Wine and 3.2 Percent
Malt Liquor License for Aribel’s, 1120 East 66th Street, subject to payment of the taxes in arrears,
providing an accountant statement indicating the food versus liquor ratio, proof of a current buyer’s
card, and meeting with the Public Safety Director to work out a plan to reduce noise and on-going
concerns.
Public Safety Director Scott explained that if the information is received prior to January 1,
2008, the license will be renewed but if it is not received by then, a new license will need to be
considered by the City Council for 2008.
City Attorney Heine stated if a license renewal is granted and conditions have been met,
there may be an ability to conduct an investigation to determine if there was a resale violation
because of information provided by the State. If a disciplinary proceeding is conducted, the
establishment has an opportunity for appeal.
Council Member Kilian requested a progress report be provided to the City Council.
Motion carried 5-0.
Item #17 PUBLIC HEARING REGARDING 2008 ON-SALE INTOXICATING AND SUNDAY
LIQUOR LICENSES FOR THE FRENCHMAN’S 1400 EAST 66TH STREET S.R.
NO. 333
Mayor Goettel presented Staff Report No. 333.
Council Meeting Minutes -10- December 11, 2007
Mary Christine Blake, owner, was present and asked to address the City Council.
Council Member Wroge expressed concern regarding a bartender being fired because of
calling 9-1-1 and another with an employee being thrown down stairs.
Ms. Blake explained that she has owned the business for 14 years. She stated she believed
the bartender’s call was unwarranted and there were other issues with the employee resulting in
firing.
Council Member Wroge stated he supported Ms. Blake when she had issues with the
business next to hers and wants her to be successful. He said he believed there was too much
drinking and then driving and it’s the owner’s responsibility to not let customers drive drunk.
Ms. Blake responded that the City has her full cooperation and that she should not be
judged by one incident. She added that many police calls are unwarranted.
Public Safety Director Scott discussed the factors, which generate a police report.
Mayor Goettel stated that she would support issuance of the license renewals on the
condition that Ms. Blake work with Public Safety Director Scott.
City Manager Devich discussed the reminder calls made to Ms. Blake to receive the
information needed to process the license renewals. He said he found this unacceptable. The City
Council could consider not rushing to renew licenses if deadlines are not met.
City Attorney Heine reviewed the City Code, which indicated the application must be filed
within 60 days. Submittal in a timely fashion is expected and if not, it is a basis for non-renewal.
Ms. Blake explained that she was in England due to a death in the family and this was the
first time she was late in getting the information submitted. She said the paperwork required each
year is the same and very lengthy.
Council Member Sandahl noted that other establishments were also late. She suggested
the City consider initiating late fees in these instances. She asked about the cost for a new versus
renewed license.
Public Safety Director Scott stated the license fee is the same but a new license also
includes an investigative charge. There is a plan in place to address the timeliness of submitting
information. City ordinance and State Statute govern the information required for the issuance of
liquor licenses.
Council Member Wroge suggested City staff consider reducing the required paperwork.
The owner of Fireside Pizza stated that there is not a lot of time to complete the paperwork
and that the City says original documents are needed.
M/Kilian, S/Rosenberg to close the public hearing.
Motion carried 5-0.
M/Goettel, S/Wroge to conditionally approve the renewal of the 2008 On-Sale Intoxicating
and Sunday Licenses for The Frenchman’s, 1400East 66th Street, Aribel’s, 1120 East 66th Street,
Council Meeting Minutes -11- December 11, 2007
and that they meet with the Public Safety Director to develop a plan that will address and solve on-
going concerns.
Council Member Kilian requested the motion be amended to include meeting with the Public
Safety Director quarterly and establishing objectives.
Mayor Goettel and Council Member Wroge agreed to the amended motion.
Motion carried 5-0.
Item #18 PUBLIC HEARING REGARDING 2008 ON-SALE INTOXICATING AND SUNDAY
LIQUOR LICENSES FOR HKD LO, INC., D/B/A JUN BO CHINESE RESTAURANT,
7717 NICOLLET AVENUE S.R. NO. 334
Mayor Goettel presented Staff Report No. 334.
Danny Lo, Jun Bo restaurant, stated the non-payment for Police services is resolved, the
number of police calls has decreased the past couple months and the Bloomington health
inspections is an on-going process because the chefs are from different cultures with different
practices. He said he was not aware of the customers needing to leave the establishment by 2
a.m., but rather there was no serving alcohol past 2 a.m. Now, serving ends at 1:45 p.m. and
security ushers out the customers by 2:05/2:10 a.m.
Council Member Wroge stated the United States health rules need to be followed.
Council Member Sandahl suggested that customers need to be out of the building by 2 a.m.
so the serving may need to end sooner.
Mayor Goettel stated that there is no excuse for employees to not wash their hands. She
expressed concern for the police calls.
Public Safety Director Scott explained the food issue is separate from the liquor license. He
said management is responsible for operating a safe, sanitary operation.
Mayor Goettel requested quarterly updates on Bloomington health inspection results.
Council Member Wroge asked if all establishments open until 2 a.m. have the same
requirement to have customers out by that time.
Public Safety Director Scott explained that all establishments are expected to conform. The
prudent owner/manager sets a bar time so customers can be out by 2 a.m.
Council Member Kilian expressed concern about the seriousness and severity of the
criminal contacts.
M/Rosenberg, S/Wroge to close the public hearing.
Motion carried 5-0.
M/Goettel, S/Wroge to conditionally approve the renewal of the 2008 On-Sale Intoxicating
and Sunday Licenses for HKD Lo, Inc., d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue,
Council Meeting Minutes -12- December 11, 2007
and that they meet with the Public Safety Director on a quarterly basis to develop a plan that will
address and solve on-going concerns, including establishing objectives, revisiting the public health
issues and the City Council be provided with reports.
Motion carried 5-0.
Council Member Wroge requested the City Council be informed regarding the food to liquor
sales ratio.
Item #19 PUBLIC HEARING AND CONSIDERATION OF SECOND READING OF
ADOPTING NEW SECTION 549 OF RICHFIELD CITY CODE RELATED TO
SIGNAGE REGULATIONS IN RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND
MIXED-USE DISTRICTS; REPEALING SECTION 416; AND AMENDING SECTION
400 OF CITY CODE IN REGARD TO SIGN INSTALLER LICENSING AND
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCES S.R.
No. 335
Council Member Rosenberg presented Staff Report No. 335.
Zoning Administrator Melissa Poehlman stated the dynamic display signs language is based
upon extensive review of surrounding communities, SRF Consulting Group and Gerald Wachtel in a
report prepared for the City of Minnetonka. The proposed ordinance does not include local spacing
requirements but rather minimum display times. If the City Council wishes to include spacing, City
staff suggested no less than 200’ between property line to property line.
Council Member Rosenberg asked if the Richfield High School display sign on 70th Street
and Lyndale Avenue is in compliance.
Zoning Administrator Poehlman explained the physical characteristics of that sign would be
grandfathered in but the sign would need to comply with the operational standards of the five
minute rule for changing the message.
Mark Wegener, 7521 Dupont Avenue, Senior Pastor at Woodlake Lutheren Church; Bill
Bullock, 6657 Lynnwood Boulevard, Woodlake Lutheran Church representative; and Ken Severson,
7316 Lyndale Avenue, Woodlake Lutheren Church representative, addressed the City Council
regarding their concerns about their church’s dynamic display sign which was approved by the City
Council approximately one year ago. They stated their sign would be made useless with some of
the proposed changes to the sign ordinance. It appears that the regulations trying to be established
by the City to restrict billboards is being applied to neighborhood signs. They also questioned the
ability to enforce the sign ordinance.
Zoning Administrator Poehlman stated that the ordinance is trying to limit the distraction of
changing messages. The City Council could decide to establish local spacing requirements with a
reduced time to change displays.
Mr. Bullock stated that the ordinance should include a takings clause so current owners of
display signs could seek reimbursement. He said Woodlake Church is one of three owners of
dynamic display signs in Richfield and City staff had not notified them of the proposed ordinance
changes.
Council Meeting Minutes -13- December 11, 2007
Mayor Goettel explained the timeline for getting the proposed sign ordinance in place
because of a moratorium that ends in January, which could allow additional dynamic display signs
in Richfield. Addressing billboards is in the proposed ordinance.
Zoning Administrator Poehlman stated the 9 inch font is from the City of Minnetonka
ordinance and based upon speed limits.
Council Member Wroge discussed the the correlation between dynamic displays on signs
and the distraction for drivers. The City Council needs to consider the safety impacts. The
Richfield Chamber of Commerce supports the majority of the proposed ordinance and requested
the ordinance be reviewed again in one year. The Federal Highway Administration indicates
dynamic display signs will become a big issue if they’re not addressed now.
Council Member Wroge stated that he supported establishing distancing requirements.
Mayor Goettel asked about all signs needing to use a 9 inch font.
Zoning Administrator Poehlman responded the 9 inch font or the largest possible is required.
Council Member Wroge asked about grandfathering in the current three display signs in
Richfield.
City Attorney Heine explained that would be difficult unless they are physically arranged or
restricted from using a 9 inch font.
Council Member Sandahl stated the moratorium’s focus was to prevent large display
billboards. She said St. Nicholas Church also wanted a display sign but they have to wait because
of the moratorium.
Council Member Wroge clarified that the moratorium included other signs, not just
billboards.
Zoning Administrator Poehlman stated that most signs conform under the proposed
ordinance.
City Attorney Heine explained the ordinance, especially the font size, is based solely on
roadway safety with no distance regulations but that could be explored. Billboards are not allowed
except what is currently existing. Current signs can convert to display but the enhance dynamic
display permit requires eliminating two other signs in Richfield.
Council Member Kilian stated the ordinance is establishing community standards but the
font size appears to be problematic. Flashing messages are also concerning. He said the options
are to approve the ordinance and revisit it at a later date or not approve it, and open the City up to
additional signs.
Council Member Wroge stated that concise advertising may reduce the impact of the larger
font size for messages to be effective.
Council Member Sandahl stated she saw the benefit of approving the ordinance because
the moratorium will be ending. She suggested reviewing the ordinance again sooner than one year,
including reviewing the font size in relationship to the space available on a sign. She requested
seeing other signs in the community and knowing whether they conform.
Council Meeting Minutes -14- December 11, 2007
Dick Franzmeier, 7532 Garfield Avenue, Woodlake Church member, stated there are
greater hazards to traffic safety than signs, i.e., vehicles running red lights. He said there is not
adequate information on the proposed ordinance and it appears to be confusing with the possibility
of a lawsuit.
Cindy Derendal, Woodlake Church member, stated the ordinance is penalizing smaller signs
and not addressing the number or larger signs along freeways. She suggested the current signs be
reviewed, additional signs not be allowed to be built and not rush into approving an ordinance.
City Attorney Heine stated another moratorium is not an option. She explained the time
spent on and the process preparing the proposed ordinance.
City Attorney Heine stated the City Council could approve the ordinance tonight and direct
City staff to immediately work with Woodlake Church to assist the City in reviewing what options are
available. The City Council could determine the font size and display timing. If, tonight, the City
Council makes significant changes to the ordinance from what the public was made aware of, a
new ordinance would be necessary.
Mr. Bullock stated the church would be willing to assist the City as a test case.
M/Kilian, S/Rosenberg to close the public hearing.
Motion carried 5-0.
M/Rosenberg, S/Kilian that this constitutes the second reading of Bill No. 2007-24 adopting
new Section 549 of the Richfield City Code related to signage regulations in residential,
commercial, industrial and mixed-use districts; repealing Section 416; and amending Section 400 of
City Code in regard to sign installer licensing and approve the resolution authorizing summary
publication of ordinances.
Motion carried 5-0.
M/Rosenberg, S/Kilian that the following resolution be adopted and be made part of these
minutes:
RESOLUTION NO. 10039
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2007-24
Motion carried 5-0. This resolution appears as Resolution No. 10039.
M/Wroge, S/Goettel to amend the motion to add to the ordinance a distance requirement of
200’ spacing between dynamic display signs.
Motion carried 5-0.
Council Member Rosenberg stated she found dynamic display signs distracting and she
disliked billboards.
M/Sandahl, S/Rosenberg to direct staff to provide a sampling of existing signs in Richfield to
indicate if they comply with the ordinance and to work with the three owners that currently have
display signs in Richfield and report back to the City Council in approximately three months.
Motion carried 5-0.
Council Meeting Minutes -15- December 11, 2007
Zoning Administrator Poehlman stated that existing signs comply, the dynamic display signs
are impacted by the new ordinance.
City Attorney Heine stated there is an existing City Council resolution that requires the City
Council adjourn at 11 p.m. unless the City Council make a motion to continue.
M/Goettel, S/Rosenberg to continue the City Council meeting past 11 p.m.
Motion carried 5-0.
Item #20 CONSIDERATION OF SECOND READING OF ORDINANCE REPEALING
SECTION 426 OF RICHFIELD CITY CODE RELATED TO PUBLIC COMMERCIAL
WIRELESS TELECOMMUNICATION SERVICES ANTENNAS AND TOWERS
(REVISED AND MOVED TO SECTION 544 OF ZONING CODE) S.R. NO. 336
Council Member Sandahl presented Staff Report No. 336.
M/Sandahl, S/Kilian that this constitutes the second reading of Bill No. 2007-19 repealing
section 426 of the Richfield City Code related to public commercial wireless telecommunications
services antennas and towers.
Motion carried 5.0.
Item #21 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENTS TO
SUBSECTIONS 405.07, 405.09 AND 405.15 OF THE CITY OF RICHFIELD
HOUSING CODE RELATED TO APPEALS OF HOUSING CODE VIOLATIONS,
SANITATION REQUIREMENTS AND MINIMUM SPACE AND OCCUPANCY
REQUIREMENTS AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION
OF ORDINANCES S.R. NO. 337
Council Member Wroge presented Staff Report No. 337.
Council Member Rosenberg stated that constituents have been asking for this type of
ordinance.
Council Member Kilian stated that residents need to notify the City to report violations, the
City will not be knocking on doors.
Council Member Rosenberg asked if the ordinance is more enforceable with landlords.
Public Safety Director Scott explained landlords are required to go through certification. The
current ordinance permits no more than three unrelated people in a home. The proposed ordinance
is based upon room size.
City Attorney Heine explained the occupancy limits are based upon the number of people in
a house per sleeping room. If safety limits are exceeded, it doesn’t matter if the people are related.
A separate zoning code addresses single family homes and household units.
Council Meeting Minutes -16- December 11, 2007
M/Wroge, S/Rosenberg that this constitutes the second reading of Bill No. 2007-25
amending Subsection 405.07, 405.09 and 405.15 of the City of Richfield Housing Code related to
appeals of the housing code violations, sanitation requirements and minimum space and occupancy
requirements.
Motion carried 5.0.
M/Wroge, S/Rosenberg that the following resolution be adopted and be made part of these
minutes:
RESOLUTION NO. 10040
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2007-25
Motion carried 5-0. This resolution appears as Resolution No. 10040.
Item #22 CONSIDERATION OF RESOLUTION APPROVING AMENDMENT TO 2007-2008
LABOR AGREEMENT WITH INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL 1215 S.R. NO. 338
Mayor Goettel presented Staff Report No. 338.
M/Goettel, S/Rosenberg that the following resolution be adopted and be made part of these
minutes:
RESOLUTION NO. 10041
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH INSURANCE PREMIUMS
AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215
Motion carried 5-0. This resolution appears as Resolution No. 10041.
Item #23 CONSIDERATION OF RESOLUTIONS APPROVING 2007 REVISED/2008
PROPOSED BUDGET AND TAX LEVY AND RELATED RESOLUTION S.R. NO.
339
Council Member Kilian presented Staff Report No. 339.
M/Kilian/ S/Rosenberg that the following resolutions be adopted and that they be made part of
these minutes:
Council Meeting Minutes -17- December 11, 2007
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2008
RESOLUTION NO. 10029
RESOLUTION AUTHORIZING BUDGET REVISIONS
RESOLUTION NO.10030
RESOLUTION AUTHORIZING REVISION OF 2007 BUDGET OF VARIOUS DEPARTMENTS
RESOLUTION NO. 10031
RESOLUTION AUTHORIZING ADJUSTMENT TO CITY’S MILEAGE
REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY
MILEAGE REIMBURSEMENT RATE
RESOLUTION NO. 10028
RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER
RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND
CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS
RESOLUTION NO. 10032
RESOLUTION ADOPTING THE 2008 CAPITAL IMPROVEMENT BUDGET
RESOLUTION NO. 10025
RESOLUTION ADOPTING THE 2009-2012 CAPITAL IMPROVEMENT PROGRAM
RESOLUTION NO. 10026
RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD
AMENDING RESOLUTION NO. 8298
RESOLUTION NO. 10027
RESOLUTION RELATING TO THE 2008 GENERAL SERVICES
SALARY COMPENSATION PLAN
RESOLUTION NO. 10033
RESOLUTION RELATING TO THE JULY 2008 GENERAL SERVICES
SALARY COMPENSATION PLAN
RESOLUTION NO. 10034
RESOLUTION RELATING TO THE 2008 SPECIALIZED PAY PLAN
RESOLUTION NO. 10036
RESOLUTION RELATING TO THE JULY 2008 SPECIALIZED PAY PLAN
Council Meeting Minutes -18- December 11, 2007
RESOLUTION NO. 10024
RESOLUTION RELATING TO THE 2008 MANAGEMENT
SALARY COMPENSATION PLAN
RESOLUTION NO. 10035
RESOLUTION ESTABLISHING 2008 LICENSE, PERMIT AND MISCELLANEOUS
FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE
ORDINANCE CODE OF THE CITY OF RICHFIELD
RESCINDING RESOLUTION NO. 9872
RESOLUTION NO. 10023
Council Member Wroge stated that he did not support the tax levy being this high.
Mayor Goettel stated she also did not support the tax levy at this rate and that it should be
kept more at a consistent level.
Council Member Sandahl stated she supported the tax levy because it is an approximate 3%
increase to the General Fund and the remainder is an approximate 5% for the bonds issued for the
new maintenance facility and intersection improvements at Richfield Parkway and 66th Street, which
all Council Members approved.
Council Member Kilian stated support for the tax levy for the same reasons as Council
Member Sandahl. He said the City Council voted to build the projects, and now should have the
courage to pay for them. He added that buying down the Local Government Aid reserves would be
irresponsible.
Council Member Wroge stated that the LGA funds belong to the taxpayers. He said he
supports building a new City Hall facility and that cuts can be made in other places. He added that
last year’s tax levy should not have been approved.
Council Member Sandahl clarified that part of the LGA reserve is being used this year.
Motion carried 3-2. (Goettel and Wroge oppose.) These resolutions appear as Resolution
No.’s 10023 through10036.
Item #24 CITY MANAGER’S REPORT
None.
Council Meeting Minutes
-19-
December 11, 2007
Item #11
CLAIMS AND PAYROLL
M/Rosenberg, S/Kilian that the followinQ claims and pavrolls be approved:
u.s. BANK
AlP Checks: 164256 -164617
PAYROLL 44738 - 45074,41312 - 41313
TOTAL
$ 1,581,284.28
$ 523,793.26
$ 2,105,077.54
Motion carried 5-0.
Date Approved: January 8, 2008
C~h~
Recording Secretary