08-26-14 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
ieg4ce Regular Meeting
August 26, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Edwina Garcia; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Jim Topitzhofer, Recreation Services Director; Mike Eastling,
Public Works Director; Jay Henthorne, Acting Public Safety Director;
Melissa Poehlman, City Planner; Mary Tietjen, City Attorney; and Theresa
Schyma, Deputy City Clerk.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Fitzhenry, S/Garcia to approve the minutes of the (1) Special Concurrent City Council
and Planning Commission Worksession of July 22, 2014 and (2) Regular City Council Meeting of
July 22, 2014.
Motion carried 5-0.
Item #1 COUNCIL DISCUSSION
• City Council attendance at the National League of Cities Congress of Cities
in Austin, TX, November 18-22, 2014
• Hats Off to Hometown Hits
The City Council consensus was to have Mayor Goettel attend the 2014 National League of
Cities Congress of Cities.
Council Meeting Minutes -2- August 26,2014
Public Works Director Eastling discussed the 5-Year Street Reconstruction Plan and the
issuance of street reconstruction bonds for 2015-2016 projects. The street reconstruction plan is
designed to anticipate street reconstruction expenditures and schedule them over a five-year
period so they may be purchase din the most efficient and cost-effective manner. He also
announced the public hearing scheduled for September 23.
Council Member Garcia announced the business fair at Richfield High School on
September 13.
Council Member Garcia announced Open Streets at PennFest on September 21.
Council Member Sandahl announced the annual Fall Festival at the Church of St. Peter on
October 4.
Council Member Sandahl announced the Richfield Foundation Wine, Craft Beer and
Cheese Tasting Event on October 9.
Council Member Fitzhenry reported on the success of the Urban Wildland Half Marathon
and 5K.
Council Member Elliott commented on the recent"swatting" event that happened recently in
Richfield and the amazing response and follow-up with the victims by the Richfield Police
Department.
Item #2 COUNCIL APPROVAL OF AGENDA
Mayor Goettel noted that Item #9 is a public hearing and therefore would be moved to Item
#7. The subsequent items were re-numbered accordingly.
M/Sandahl, S/Fitzhenry to approve the agenda as amended.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. Consideration of the approval of a contract with Alpha Video &Audio, Inc. to install
audio/visual upgrades in the Bartholomew and Heredia rooms, of the Richfield Municipal
Center, in the amount of$41,744 S.R. No. 134
B. Consideration of the approval of a temporary on-sale intoxicating liquor license for the
Church of St. Peter, 6730 Nicollet Avenue South, for their annual Fall Festival scheduled to
take place on October 4, 2014 S.R. No. 135
C. Consideration of the approval of a temporary on-sale intoxicating liquor license for the
Richfield Foundation for their Wine, Craft Beer and Cheese Tasting event to be held
October 09, 2014 S.R. No. 136
D. Consideration of the approval of setting a public hearing to be held on September 23, 2014,
for the consideration of a new on-sale wine license for Last Call Operating Co II., Inc. d/b/a
Champps Americana, located at the Ice Arena 636 East 66th Street S.R. No. 137
E. Consideration of the approval of Minnesota Department of Transportation lease agreement
No. 27710 with Amendment#3 for continued use of excess land along 1-494 next to Best
Buy Campus for continued use as a parking lot and transit station S.R. No. 138
F. Consideration of the approval of the first reading of an ordinance amending Subsections
547.05, Subdivision 4; and Subsection 547.11 related to the consideration of variance
applications S.R. No. 139
M/Goettel, S/Sandahl to approve the Consent Calendar.
Council Meeting Minutes -3- August 26,2014
Motion carried 5-0.
Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #5 PUBLIC HEARING TO CONSIDER THE ISSUANCE OF NEW ON-SALE WINE
AND 3.2 PERCENT MALT LIQUOR LICENSES FOR HENRY THOU D/B/A RED
PEPPER CHINESE RESTAURANT, 2910 WEST 66TH STREET S.R. NO. 140
Mayor Goettel presented Staff Report No. 140.
Henry Thou, owner of Red Pepper Chinese Restaurant, 2910 West 66th Street, was
available for questions.
M/Fitzhenry, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Goettel, S/Sandahl to approve the issuance of new on-sale wine and 3.2 percent malt
liquor licenses for Henry Thou d/b/a Red Pepper Chinese Restaurant, 2910 West 66th Street.
Motion carried 5-0.
Item #6 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION REGARDING
AN AMENDED CONDITIONAL USE PERMIT AND A VARIANCE TO ALLOW
CONSTRUCTION OF A SOCCER FIELD AND ACCESSORY STRUCTURES AT
AN EXISTING EDUCATIONAL FACILITY AT 7450 PENN AVENUE S.R. NO. 141
Council Member Fitzhenry presented Staff Report No. 141.
M/Goettel, S/Fitzhenry to close the public hearing.
Motion carried 5-0.
Council Member Sandahl questioned if there was any concern for the side of the field along
Penn Avenue.
Community Development Director Stark responded that the school is amendable to adding
netting along the Penn Avenue side if there are any issues.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10950
RESOLUTION APPROVING AN AMENDMENT TO THE CONDITIONAL USE PERMIT
AND A VARIANCE TO ALLOW CONSTRUCTION OF A SOCCER FIELD AND
ACCESSORY STRUCTURES AT AN EXISTING EDUCATIONAL FACILITY
AT 7450 PENN AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 10950.
Council Meeting Minutes -4- August 26,2014
Item #7 PUBLIC HEARING AND CONSIDERATION OF RESOLUTIONS FOR AN
AMENDED CONDITIONAL USE PERMIT AND A VARIANCE REGARDING A
22.6-FOOT FRONT BUILDING SETBACK AND REDUCTION IN REQUIRED
PARKING, AND AN APPEAL OF A STAFF DETERMINATION THAT AN ODOR
CONTROL SYSTEM IS REQUIRED AS A CONDITION OF ADDING CERTAIN
COMMERCIAL COOKING EQUIPMENT AT 6736 PENN AVENUE S.R. NO. 144
Council Member Elliott presented Staff Report No. 144.
Community Development Director Stark stated that the two issues that need to be
addressed are parking and odor control. In regards to parking, the proposed addition increases the
total occupancy of the building and the applicant is still short six parking spaces. The Planning
Commission recommended approval regarding parking since this is a recurring theme on Penn
Avenue and to have staff work to modify the City Code to help alleviate this issue.
Community Development Director Stark continued that the odor control issue is being
triggered by the new equipment that the applicant wants to install including deep fryers and griddle
fryers. He further stated that staff is working within the guidelines set by the City Council and that if
there were a change in policy that staff would need to be able to apply and enforce this new
direction with all businesses. The applicant has been offered some options but has not been
responsive.
City Manager Devich provided some history on the odor control policy. He further stated
that until staff is told by the City Council to take a different direction then staff will continue to follow
the policy for consistency. He continued that several restaurants have recently been required to
install odor control equipment based on this policy. If there were a policy change it should be fair
and consistent with regards to other restaurants in the community and the standards that those
restaurants have been required to maintain.
Council Member Fitzhenry asked if there have been any current complaints from residents
with the business.
Community Development Director Stark responded that, to his knowledge, there have not
been any complaints from residents.
Steven Hurvitz, 7001 Morgan Avenue, stated he has never noticed odors from the business
and spoke in support of the applicant and the proposed expansion of the business.
Edward Noonan, Noonan Construction, 5400 France Avenue South, discussed the
proposed expansion and spoke in support of the business owner and the major investment in
Richfield.
Community Development Director Stark stated that the parking issue is related to square
footage and not by number of seats.
Community Development Director Stark reiterated that the only thing that triggered the
need for odor control equipment is the addition of certain types of cooking equipment like deep
fryers and griddle fryers. If the current equipment was staying there would be no need for odor
control equipment.
Angie Shaefbauer, President of the Richfield Chamber of Commerce, 6601 Lyndale
Avenue, spoke in support of the business owner and proposed expansion. She further encouraged
the City Council to look at the odor control policy again.
M/Goettel, S/Sandahl to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -5- August 26,2014
Council Member Elliott stated he has never noticed odors from the business. He continued
that some of these issues tonight are recurring themes on Penn Avenue and nothing has been
done about them since 1985.
Council Member Elliott stated that the restaurants that were recently required to install odor
control equipment were not comparable to Fireside Pizza. He supports a business owner who
wants to invest in his business and keep it in Richfield. He believes that the City Council needs to
give staff the tools that help businesses invest in their businesses and their community by
changing this policy.
Council Member Fitzhenry suggested a grandfather clause since this is an existing
business that is not going through a radical change. He believes the business is trying to do the
right thing since there have never been any complaints.
Community Development Director Stark stated that the City Council could change the policy
to state that pre-existing restaurants are exempted.
Mayor Goettel questioned how the policy could be enforced if there was a requirement to
add odor control equipment after the fact if there were complaints.
Council Member Sandahl stated her biggest concern is that she does recall the issues that
originally triggered the odor control policy and that the City Council recently required other
businesses to install odor control equipment. However, she is open to consider that pre-existing
restaurants are exempted.
City Attorney Tietjen stated that if the City Council would like to change the policy that it
would be advantageous for the City Council to look at this issue further and come up with findings
in case this issue arises again.
Council Member Elliott expressed concern with a delay in approving the applicant's
proposed expansion.
M/Garcia, S/Sandahl to table the discussion regarding the applicant's appeal of a staff
determination that an odor control system is required as a condition of adding certain commercial
cooking equipment at 6736 Penn Avenue to allow the city attorney time to work with staff to
address odor control issues and craft a new policy and report back to the Council at the Regular
City Council Meeting on September 9.
Council Member Elliott disagrees with the suggestion to table the applicant's request.
Motion carried 3-2. (Elliott and Fitzhenry opposed)
M/Goettel, S/Sandahl that a resolution be adopted granting approval of a conditional use
permit and a setback variance for a building addition at 6736 Penn Avenue:
Motion carried 4-0. (Council Member Elliott did not participate in the vote)
M/Goettel, S/Fitzhenry to approve a variance to allow a reduction in required parking at
6736 Penn Avenue.
Council Member Sandahl inquired as to whether or not the applicant has asked other nearby
businesses for parking accommodations for his staff.
Community Development Director Stark responded that they have asked the applicant and
not received an answer.
Mayor Goettel noted that the applicant had already left the meeting so the.Council would not
receive an answer tonight.
Motion carried 4-0. (Council Member Elliott did not participate in the vote)
Council Meeting Minutes -6- August 26,2014
Item #8 CONSIDERATION OF A RESOLUTION RESTRICTING PARKING ON BOTH
SIDES OF PORTLAND AVENUE BETWEEN 77TH STREET AND 66TH STREET
S.R. NO. 142
Council Member Garcia presented Staff Report No. 142.
M/Garcia, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10953
RESOLUTION FOR PARKING RESTRICTIONS ON PORTLAND AVENUE (COUNTY
STATE AID HIGHWAY 35) FROM 66TH STREET TO 77TH STREET
Motion carried 4-0. (Council Member Elliott did not participate in the vote) This resolution
appears as Resolution No. 10953.
Item #9 CONSIDERATION OF A RESOLUTION GRANTING APPROVAL OF A MAJOR
AMENDMENT TO THE FINAL DEVELOPMENT PLAN AND CONDITIONAL USE
PERMIT FOR THE LYNDALE STATION PLANNED UNIT DEVELOPMENT AT
6501-6545 LYNDALE AVENUE S.R. NO. 143
Council Member Sandahl presented Staff Report No. 143.
Community Development Director Stark discussed the proposed changes. He also stated
the applicant is open to doing odor mitigation in the trash room.
David Bergstrom, Lyndale Station LLC, stated that Caribou Coffee and MyBurger will be the
new businesses at Lyndale Station.
M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10954
RESOLUTION APPROVING AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 6501-
6545 LYNDALE AVENUE (LYNDALE STATION)
Motion carried 4-0. (Council Member Elliott did not participate in the vote) This resolution
appears as Resolution No. 10954.
Item #10 CONSIDERATION OF AN APPOINTMENT TO A CITY ADVISORY COMMISSION
S.R. NO. 145
Council Member Sandahl presented Staff Report No. 145.
M/Sandahl, S/Fitzhenry to appoint the following person to a City Advisory Commission as a
youth representative:
FRIENDSHIP CITY COMMISSION
Council Meeting Minutes -7- August 26,2014
Name Term Expires
Tenzin Dolkar August 31, 2015
Motion carried 4-0. (Council Member Elliott did not participate in the vote)
Item #11 CITY MANAGER'S REPORT
City Manager Devich stated he visited the site of the former City garage and mortuary
progress is being made with the demolition.
Item #12 CLAIMS AND PAYROLLS
M/Garcia, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 08/12/14
A/P Checks: 233165-233670 $ 1,902,807.80
Payroll: 103239-103617; 42176 -42177 $ 611,382.43
TOTAL $ 2,514,190.23
U.S. Bank 08/26/14
A/P Checks: 233671-234025 $ 895,682.41
Payroll: 103618-103989; 42178 -42181 $ 581,918.87
TOTAL $ 1,477,601.28
Motion carried 4-0. (Council Member Elliott did not participate in the vote)
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:37 p.m.
Date Approved: September 9, 2014 1/
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T resa Schyma
D uty City Clerk City M;nager