09-23-14 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
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i Regular Meeting
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September 23, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:03 p.m. in the Council Chambers.
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Edwina Garcia; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Jay Henthorne, Acting Public
Safety Director; Pam Dmytrenko, Assistant City Manager/HR Manager;
Kristin Asher, Assistant Public Works Director; Chris Link, Public Works
Operations Superintendent; Mary Tietjen City Attorney; and Cheryl
Krumholz, Executive Coordinator.
OPEN FORUM
Susan Rosenberg, 6633 Thomas Avenue, announced the League of Women Voters
Candidate Forum on September 27, 2014.
Linda Nemitz, 7638 Thomas Avenue, expressed concern about electric pole replacement.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Elliott, S/Garcia to approve the minutes of the (1) Special City Council Meeting of
September 3, 2014; (2) Special City Council Worksession of September 9, 2014; (3) Regular City
Council Meeting of September 9, 2014; (4) Special City Council Worksession of September 9,
2014; (5) Special City Council Worksession of September 15, 2014; and (6) Special Concurrent
City Council and HRA Worksession of September 15, 2014.
Motion carried 5-0.
Item #1 PRESENTATION REGARDING THE TRIBUTE TO RICHFIELD'S PERFORMING
ARTS
Council Meeting Minutes -2- September 23,2014
Rick Jabs, Bandshell Task Force Chair, announced the bandshell fundraising event, "Tribute
to Richfield's Performing Arts" on October 5, 2014.
Recreation Services Director Topitzhofer provided a bandshell update, including a recently
received preliminary soil boring report that indicates challenges with the soil. He stated the October
8 public meeting to present the site plan and gather feedback on the bandshell project has been
postponed to allow more time for analysis of the soil report.
Item #2 PRESENTATION REGARDING RICHFIELD CONNECT
Operations Superintendent Link presented Richfield Connect, an on-line resource to
connect with the community and gain feedback to help guide decision-makers on a variety of
issues.
Item #3 COUNCIL DISCUSSION
• Reschedule November 11, 2014 Regular City Council Meeting
• Hats Off to Hometown Hits
M/Sandahl, S/Goettel to reschedule the November 11, 2014 Regular City Council Meeting
to Monday, November 10, 2014.
Council Member Elliott said he would abstain because he would be out of the City.
Motion carried 4-0. (Elliott abstain)
Council Member Fitzhenry provided a Noise Oversight Committee update.
The City Council acknowledged the success of the recent Penn Fest event.
Council Member Garcia announced the Wheel of Fun Rental and Pumpkin Patch activities
at Veterans Memorial Park.
Mayor Goettel announced the October 9 Richfield Foundation Autumn Wine and Cheese
Gathering.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. Consideration of the approval of the resolution designating the City's contribution toward
health, term life and dental insurance premiums for General Services and Management
employees in 2015 S.R. No. 160
RESOLUTION NO. 10969
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, TERM LIFE, LONG-TERM DISABILITY AND DENTAL INSURANCE
PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES
Council Meeting Minutes -3- September 23,2014
This resolution appears as Resolution No. 10969.
B. Consideration of the approval of the continuation of the agreement with the City of
Bloomington for the provision of food inspection services for 2015 S.R. No. 161
C. Consideration of the approval of a resolution certifying delinquent water, sanitary sewer and
storm water charges to the County Auditor S.R .No. 162
RESOLUTION NO. 10970
RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER, SANITARY SEWER
AND STORM WATER CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH
OTHER TAXES ON SAID PROPERTIES
This resolution appears as Resolution No. 10970.
D. Consideration of the approval of the purchase of an Ice Resurfacer in 2015 for use at the
Richfield Ice Arena from Frank J. Zamboni & Co. in the amount of$93,089.88 S.R. No. 163
E. Consideration of the approval of the resolutions appointing election judges and high school
student trainee judges for the November 4, 2014 General Election S.R. No. 164
RESOLUTION NO. 10971
RESOLUTION APPOINTING ELECTION JUDGES FOR THE GENERAL ELECTION OF
NOVEMBER 4, 2014
This resolution appears as Resolution No. 10971.
RESOLUTION NO. 10972
RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE
ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 4, 2014
This resolution appears as Resolution No. 10972.
M/Goettel, S/Garcia to approve the Consent Calendar.
Motion carried 5-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #7 DISCIPLINARY HEARING REGARDING A RESOLUTION IMPOSING
CIVIL ENFORCEMENT FOR AN ESTABLISHMENT IN RICHFIELD THAT
RECENTLY UNDERWENT ALCOHOL COMPLIANCE CHECKS
CONDUCTED BY RICHFIELD PUBLIC SAFETY STAFF AND FAILED BY
SELLING ALCOHOL TO UNDERAGE YOUTH S.R. NO. 165
Council Member Fitzhenry presented Staff Report No. 165.
Council Meeting Minutes -4- September 23,2014
Council Member Fitzhenry stated Mark Olson, owner, was unable to attend tonight's
hearing but submitted an email to staff admitting the violation occurred and stipulating to the
suspension and penalty.
M/Goettel, S/Garcia to close the disciplinary 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. 10973
RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR
RICHFIELD US, 6744 PENN AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR
FIRST TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 10973.
Item #8 PUBLIC HEARING REGARDING THE ISSUANCE OF A NEW ON-SALE
WINE LICENSE, WITH A PRO-RATED FEE, FOR LAST CALL
OPERATING CO II., INC. D/B/A CHAMPPS AMERICANA LOCATED AT
THE RICHFIELD ICE ARENA, 636 EAST 66TH STREET S.R. NO. 166
Council Member Garcia presented Staff Report No. 166.
Scott Larson, Champps General Manager, was available for questions.
M/Fitzhenry, S/Goettel to close the public hearing.
Motion carried 5-0.
M/Garcia, S/Goettel to approve the issuance of a new on-sale wine license, with a pro-rated
fee, for Last Call Operating Co II., Inc. d/b/a Champps Americana located at the Richfield Ice
Arena, 636 East 667-Street.
Motion carried 5-0.
Item #9 PUBLIC HEARING REGARDING A RESOLUTION ADOPTING A 5-YEAR
STREET RECONSTRUCTION PLAN AND AUTHORIZING THE
ISSUANCE OF STREET RECONSTRUCTION BONDS TO FINANCE THE
2015 AND 2016 RECONSTRUCTION PROJECTS S.R. No. 167
Council Member Sandahl presented Staff Report No. 167.
Assistant Public Works Director Asher made a presentation on the reconstruction plan,
including financing.
Council Member Sandahl explained the benefit of bonding for this type of project is to
spread the cost across the entire City to avoid huge tax assessments.
Heidi Gaibor, 6915 Wentworth Avenue, requested clarification on the financing for the mill
and overlay, use of franchise fees and burying of utility transmission lines.
Council Meeting Minutes -5- September 23,2014
Ms. Asher explained the financing is used for County roads since they do not completely
cover the cost, franchise fees are used for City streets, and a large portion of the burying of utility
lines is paid by CenterPoint.
Council Member Sandahl stated there is a City ordinance that provides for the
undergrounding of utility lines as opportunities arose because it reduces outages and improves
aesthetics.
Kathryn Quam.2605 West 66th Street, stated she was unclear of the purpose of the bond
sale if it included 66th Street when a final decision had not been made on this reconstruction.
City Manager Devich explained tonight's resolution provides preliminary approval but the
actual authority to bond will come before the City Council again with specifics.
Maxine Jeffries, 6600 Logan Avenue, said she was pleased with the recent 66th Street
overlay but was concerned about truck traffic damaging the road again.
Mr. Eastling explained the County fixed the street but the traffic vibration will continue until
the reconstruction.
Cal Christensen, 6600 West 66th Street, questioned eminent domain on the properties
along 66th Street.
Mayor Goettel encouraged Mr. Christensen to attend the upcoming open house regarding
the 66th Street reconstruction to view and discuss the revised plan to minimize property takings.
Peter McNary, 7614-10th Avenue, expressed support for the 5-year plan and questioned
how long the roads would last, specifically Portland Avenue.
Ms. Asher explained the total reconstruction should last 50 years.
Luther Hanson, 7625 Garfield Avenue, stated the senior residents wanted the City Council
to realize that they've been paying taxes for years and questioned why they needed to pay again.
The seniors suggest a wheelage tax instead so non-residents using the streets would pay.
Mr. Eastling explained the City has no authority for a wheelage tax.
Terry Straub, 7430 Portland Avenue, stated the plan should be scaled down because it's
too much money with too little benefit for most people.
Mike Ekholm, 6714 Stevens Avenue, questioned the tax impact.
M/Goettel, S/Sandahl to close the public hearing.
Motion carried 5-0.
Mayor Goettel stated reducing the boulevard and green space to fit the neighborhood
should be considered but the roads need to be fixed.
Council Member Sandahl stated many of the roads to be reconstructed with bonding belong
to the County and the City, County and utilities companies are working in coordination.
Council Member Fitzhenry stated that the project allows checking the infrastructure
underneath the roads.
M/Sandahl, S/Elliott that the following resolution be adopted and that it be made part of
these minutes:
Council Meeting Minutes -6- September 23,2014
RESOLUTION NO. 10974
RESOLUTION ADOPTING A STREET RECONSTRUCTION PLAN AND AUTHORIZING
ISSUANCE OF STREET RECONSTRUCTION BONDS THEREUNDER
Motion carried 5-0. This resolution appears as Resolution No. 10974.
Item #10 PUBLIC HEARING TO CONSIDER THE APPLICATION FOR THE
TRANSFER OF THE CABLE SYSTEM FROM COMCAST OF
MINNESOTA, INC., THE EXISTING CABLE TELEVISION FRANCHISEE,
TO GREATLAND CONNECTIONS, A NEWLY FORMED ENTITY THAT
WILL HOLD THE CABLE SYSTEM S.R. NO. 168
Mayor Goettel presented Staff Report No. 168.
City Manager Devich explained the process of the transfer to date and that additional
information will be received and shared with the public. He added opening the public hearing is a
procedural requirement.
The City Council opened the public hearing and continued the public hearing regarding the
proposed transfer of control of the cable television franchise from Comcast Cable Communications,
LLC to Greatland Connections until complete information concerning this proposed transfer is
available to the City Council for consideration.
Item #11 CONSIDERATION OF A RESOLUTION AND CONDUCT A FIRST
READING OF AN ORDINANCE ESTABLISHING A SIX-MONTH
MORATORIUM ON THE CONSIDERATION OF MEDICAL MARIJUANA
DISTRIBUTION FACILITIES AND SCHEDULE A PUBLIC HEARING AND
SECOND READING OF THE ORDINANCE FOR OCTOBER 14, 2014 S.R.
NO. 169
Council Member Elliott presented Staff Report No. 169.
M/Elliott, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10975
RESOLUTION ESTABLISHING A MORATORIUM ON THE CONSIDERATION OF
MEDICAL MARIJUANA DISTRIBUTION FACILITIES,
AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED
City Attorney Tietjen explained the State law requirements related to manufacturers and
distribution facilities. She stated the moratorium will allow time for staff to review this matter from
zoning perspectives and licensing regulations and can be extended if more time is needed.
Motion carried 5-0. This resolution appears as Resolution No. 10975.
Item #12 CITY MANAGER'S REPORT
None.
Council Meeting Minutes -7- September 23,2014
Item #13 CLAIMS AND PAYROLLS
M/Garcia, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 09/23/14
A/P Checks: 234392-234875 $ 2,157,326.99
Payroll: 104363-104703 $ 544,649.02
TOTAL $ 2,701,976.01
Motion carried 5-0.
OPEN FORUM
None.
Item #14 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN THE
BABCOCK CONFERENCE ROOM REGARDING MEETING WITH
OUTSIDE COUNSEL TO DISCUSS THE STATUS OF LITIGATION (GREG
PETERSON, SOUPHANNY DEAN, BRIAN ROGGE AND JEFF
HATZENBELLER V. CITY OF RICHFIELD)
City Attorney Tietjen stated the Closed Session is held pursuant to M.S. 13D.05, Subd. 3
related to attorney-client privilege and litigation currently pending in court.
The City Council adjourned to the Closed Executive Session in the Babcock Conference
Room at 8:50 p.m.
The closed executive session was called to order by Mayor Goettel at 8:53 p.m. in the
Babcock Room.
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Edwina Garcia; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Jay Henthorne, Acting Public Safety
Director; Pam Dmytrenko, Assistant City Manager/HR Manager; Mary
Tietjen City Attorney; Julie Fleming-Wolfe, outside counsel.
The Closed Executive Session was convened pursuant to M.S. 13D.05.
The closed executive session was adjourned by unanimous consent in the Babcock
Conference Room at 9:26 p.m.
Item #15 RECONVENE REGULAR CITY COUNCIL MEETING
The meeting was called to order by Mayor Goettel in the Council Chambers at 9:27 p.m.
ADJOURNMENT
The City Council open meeting was adjourned by unanimous consent at 9:28 p.m.
Council Meeting Minutes -8- September 23,2014
Date Approved: October 14, 2014.
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Cheryl K mho Stev:n L. Devich
Executive Coordinator " City Manager