11-10-14 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
gecqieed Regular Meeting
November 10, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
Council Members Debbie Goettel, Mayor; Sue Sandahl; and Tom Fitzhenry.
Present:
Council Members Pat Elliott and Edwina Garcia.
Absent:
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Community Development Director; Jay Henthorne, Public
Safety Director/Police Chief; Jeff Pearson, Transportation Engineer; Mary
Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
Mary Barnes, 7544 Bryant Avenue, spoke about the City's delay in repairing the end of her
driveway.
Alicia Leizinger, 7200-14th Avenue, spoke about prohibiting e-cigarette use in public places.
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 and HRA
Worksession of October 20, 2014; (2) Special City Council Worksession of October 28, 2014; and
(3) Regular City Council Meeting of October 28, 2014.
Motion carried 3-0.
Item #1 PRESENTATION OF THE PUBLIC HEALTH COMMUNITY ASSESSMENT AND
PRIORITIZATION OF COMMUNITY HEALTH NEEDS IN RICHFIELD (COUNCIL
MEMO NO. 111)
Council Meeting Minutes -2- November 10,2014
Kirsten Johnson, Advisory Board of Health Co-chair, made the presentation.
M/Goettel, S/Sandahl to accept the Richfield Public Health Top Eleven Health Issues work
of the Richfield Advisory Board of Health in the prioritization and assessment process that covers
the 2015-2019 Community Health Services Plan.
Motion carried 3-0.
Item #2 ANNUAL MEETING WITH THE PLANNING COMMISSION
Rick Jabs, Chair, provided an update.
Item #3 OATH OF OFFICE TO RECENTLY APPOINTED RICHFIELD PUBLIC SAFETY
DIRECTOR JAY HENTHORNE
Mayor Goettel administered the Oath of Office to Public Safety Director Henthorne.
Item #4 COUNCIL DISCUSSION
• Cancel or reschedule December 23, 2014 Regular City Council Meeting
• Hats Off to Hometown Hits
M/Goettel, S/Sandahl to cancel the December 23, 2014 Regular City Council Meeting.
Motion carried 3-0.
Council Member Sandahl acknowledged the successful September 20 Bike to the Farmers
Market in Richfield, an 1-494 Corridor Commission promotion for alternate forms of transportation.
Council Member Fitzhenry announced the November 19 MAC Noise Oversight Committee
meeting.
Council Member Fitzhenry requested the City Council consider reviewing and revising the
food to liquor ratio requirement for intoxicating liquor licenses.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Goettel to approve the agenda.
Motion carried 3-0.
Item #6 CONSENT CALENDAR
A. Consideration of the approval of the first reading of an ordinance increasing the number
of on-sale wine licenses in the City from 12 to 17 S.R. No. 195
B. Consideration of the approval of the first reading of an ordinance increasing the number
of on-sale 3.2 percent malt liquor licenses in the City from 15 to 20 S.R. No. 196
C. Consideration of the approval of the setting of a public hearing to be held on December
9, 2014 for the consideration of the renewal of on-sale wine and on-sale 3.2 percent malt
liquor licenses for 2015 for Last Call Operating Co. II, Inc. d/b/a/Champps Americana
(Richfield Ice Arena location), Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle
Council Meeting Minutes -3- November 10,2014
Mexican Grill, Thompson's Fireside Pizza, Inc. d/b/a Fireside Pizza, Joy's Pattaya Thai
Restaurant, Lariat Lanes, The Noodle Shop Co. Colorado, Inc. d/b/a Noodles and
Company (two locations), Patrick's Bakery & Café, Henry Thou d/b/a Red Pepper
Chinese Restaurant S.R. No. 197
D. Consideration of the approval of setting a public hearing to be held on December 9,
2014 for the consideration of the renewal of on-sale intoxicating and Sunday liquor
licenses for 2015 for Last Call Operating Co. II, Inc. d/b/a Champps Americana, Don
Pablo's Operating Corporation d/b/a Don Pablo's, Tejaban Mexica Grill, LLC d/b/a El
Tejaban Mexican Restaurant, Financial Guidance, Inc. d/b/a Four Points by Sheraton,
Frenchman's Pub, Inc. d/b/a Frenchman's, Wiltshire Restaurants, LLC d/b/a Houlihan's
Restaurant & Bar, Khan's Mongolian Barbeque, Lyn 65, LLC d/b/a Lyn 65, Pizza Luce
VII, Inc. d/b/a Pizza Luce, Minneapolis-Richfield American Legion Post 435 and Fred
Babcock VFW Post 5555 d/b/a Four Nickels Food & Drink S.R. No. 198
E. Consideration of the approval of setting a public hearing to be held on December 9,
2014 for the consideration of the renewal of pawnbroker and secondhand goods dealer
licenses for 2015 for University Cash Company, LLC d/b/a Avi's Pawn and Jewelry and
Metro Pawn and Gun, Inc. S.R. No. 199
F. Consideration of the approval of a resolution for a grant from the Office of Justice
Programs for bulletproof vest in the amount of$4,586.10 S.R. No. 200
RESOLUTION NO. 10998
RESOLUTION AUTHORIZING RESOLUTION APPROVING THE GRANT WITH THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND RICHFIELD
POLICE FOR BULLETPROOF VESTS
This resolution appears as Resolution No. 10998.
G. Consideration of the approval of a resolution for approval of a mutual aid pact with
Hennepin County for the use of law enforcement personnel and equipment S.R. No.
201
RESOLUTION NO. 10999
RESOLUTION AUTHORIZING RESOLUTION APPROVING JOINT AND COOPERATIVE
AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT
This resolution appears as Resolution No. 10999.
H. Consideration of the approval of the continuing agreement for 2015 with Hennepin
County and City of Richfield/Public Safety Department/Police for Police Cadet funds and
Joint Community Police Partnership (JCPP) Program training funds S.R. No. 202
I. Consideration of the approval and acceptance of the Master Grant Contract(MGC)from
the State of MN, Department of Health for the 2015-2019 grant cycle that is designed to
administratively simplify the review of grant agreements of local public health agencies
S.R. No. 203
J. Consideration of the approval of authorizing the purchase of pedestrian-scale street
lights for the Penn Avenue Corridor between T.H. 62 and 67th Street, utilizing
Community Development Block Grants, in an amount not to exceed $61,000 S.R. No.
204
K. Consideration of the approval of the first reading of an amendment to the City Zoning
Ordinance adding "municipal parking lots' to the list of permitted uses in the Penn
Avenue Corridor Overlay District S.R. No. 205
Council Meeting Minutes -4- November 10,2014
L. Consideration of the approval of a resolution determining the results of the City General
election on Tuesday, November 4, 2014 S.R. No. 206
RESOLUTION NO. 11000
RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION OF
THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 4, 2014
This resolution appears as Resolution No. 11000.
M/Fitzhenry, S/Sandahl to approve the Consent Calendar.
Motion carried 3-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #8 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW EXPANSION OF AN
EXISTING SOBER-HOUSING FACILITY (PROGRESS VALLEY) AT 308-78TH
STREET EAST S.R. NO. 207
Council Member Fitzhenry presented Staff Report No. 207.
Susanne Lambert, Progress Valley, Inc. Executive Director, was present for questions.
M/Fitzhenry, S/Sandahl to close the public hearing.
Motion carried 3-0.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that they be made part
of these minutes:
RESOLUTION NO. 11001
RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND
VARIANCE AT 308 78TH STREET EAST
Motion carried 3-0. This resolution appears as Resolution No. 11001.
Item #9 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE
ESTABLISHING A 12-MONTH MORATORIUM ON NEW ESTABLISHMENTS
ALLOWING INDOOR SMOKING OR SAMPLING OF TOBACCO OR SIMILAR
PRODUCTS AND A RESOLUTION AUTHORIZING SUMMARY PUBLICATION
OF THE ORDINANCE S.R. NO. 208
Council Member Sandahl presented Staff Report No. 208.
Council Meeting Minutes -5- November 10,2014
Chris Farmer-Lies, 2652-13th Avenue, Association of Non-Smokers, spoke in support of the
moratorium.
Council Member Sandahl stated she would be inclined to not exempt pre-existing
establishments but would approve this ordinance.
Mayor Goettel requested separate air handler systems be reviewed for these types of
establishments.
M/Sandahl, S/Fitzhenry that this constitutes the second reading of Bill No. 2014-7,
Transitory Ordinance No. 18.95, establishing a 12 month moratorium on new establishments
allowing indoor smoking or sampling of tobacco or similar products, 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. 11002
RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE ESTABLISHING
A 12-MONTH MORATORIUM RELATED TO ESTABLISHMENTS ALLOWING INDOOR
SMOKING OR SAMPLING OF TOBACCO OR SIMILAR PRODUCTS
Motion carried 3-0. This resolution appears as Resolution No. 11002.
Item #10 CONSIDERATION OF A RESOLUTION AUTHORIZING CONDEMNATION OF
PROPERTY FOR THE RECONSTRUCTION OF PORTLAND AVENUE S.R. NO.
209
Mayor Goettel presented Staff Report No. 209.
Transportation Engineer Pearson provided an update on the status of property negotiations
and easements.
Public Works Director Eastling stated it is not anticipated that residential properties will go
through the entire condemnation process but it will assist those in foreclosure or bank-owned to
move through the process.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 11003
RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF EASEMENTS
ENCUMBERING CERTAIN REAL ESTATE FOR A PUBLIC PURPOSE
Motion carried 3-0. This resolution appears as Resolution No. 11003.
Item #11 CONSIDERATION OF AUTHORIZING THE RICHFIELD HOUSING AND
REDEVELOPMENT AUTHORITY AND ITS STAFF TO NEGOTIATE A
PRELIMINARY AGREEMENT AND/OR PURCHASE AGREEMENT WITH THE
DONALD JAMES GROUP FOR THE FORMER CITY GARAGE SITE PENDING
CITY COUNCIL RATIFICATION S.R. NO. 210
Mayor Goettel presented Staff Report No. 210.
Council Meeting Minutes -6- November 10,2014
Community Development Director Stark stated it is anticipated there could be a 6-month
exclusive rights agreement.
Donald James, developer, discussed the revised preliminary layout concept for the site.
M/Goettel, S/Sandahl to authorize the Richfield Housing and Redevelopment Authority and
its staff to negotiate a preliminary agreement and/or purchase agreement with the Donald James
Group for the former City garage site pending City Council ratification.
Motion carried 3-0.
Item #12 CITY MANAGER'S REPORT
None.
Item #13 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 11/10/14
A/P Checks: 235715-236163 $ 1,848,975.08
Payroll: 105693-106020 $ 543,484.44
TOTAL $ 2,392,459.52
Motion carried 3-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council open meeting was adjourned by unanimous consent at 8:08 p.m.
Date Approved: November 25, 2014 , Air
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