01-13-15 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Re ular Meetin gc,6*eed g Meeting
January 13, 2015
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:03 p.m. in the Council Chambers.
Council Members Debbie Goettel, Mayor; Michael Howard; Pat Elliott; Edwina Garcia; and
Present: Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John
Stark, Community Development Director; Jay Henthorne, Public Safety
Director; Jim Topitzhofer, Recreation Services Director; Pam Dmytrenko,
Assistant City Manager/HR Manager; Chris Regis, Finance Manager; Betsy
Osborn, Support Services Supervisor; Jeff Pearson, Transportation
Engineer; Elizabeth VanHoose, City Clerk; Mary Tietjen, City Attorney; and
Cheryl Krumholz, Executive Coordinator.
OATH OF OFFICE TO RICHFIELD MAYOR DEBBIE GOETTEL
City Clerk VanHoose administered the oath of office.
OATH OF OFFICE TO RICHFIELD CITY COUNCIL MEMBER AT-LARGE MICHAEL
HOWARD
City Clerk VanHoose administered the oath of office.
OPEN FORUM
Bob Shotwell, 7333 Upton Avenue, discussed the 70th anniversary of Mt. Serabatchi.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Garcia, S/Elliott to approve the minutes of the (1) Special City Council Closed Executive
Session of December 9, 2014; (2) Special City Council Worksession of December 9, 2014; (3)
Council Meeting Minutes -2- January 13,2015
Regular City Council Meeting of December 9, 2014; and (4) Special City Council Meeting of
December 15, 2014.
Motion carried 5-0.
Item #1 INTRODUCTION OF RECENTLY PROMOTED RICHFIELD DEPUTY
DIRECTOR OF PUBLIC SAFETY/DEPUTY POLICE CHIEF MIKE KOOB
Public Safety Director Henthorne introduced Deputy Chief Koob.
Item #2 INTRODUCTION OF RECENTLY PROMOTED RICHFIELD POLICE
LIEUTENANT JOE GRIFFIN
Public Safety Director Henthorne introduced Lieutenant Griffin.
Item #3 SWEARING-IN OF RICHFIELD POLICE OFFICER TIANNA HADJIYIANNIS
Public Safety Director administered the swearing-in of Officer Hadjiyiannis.
Item #4 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
Council Member Fitzhenry reported on the Noise Oversight Committee.
Mayor Goettel discussed the ticketing/towing of vehicles related to the most recent snow
event.
Mayor Goettel asked the City Council to join her in support of the south transit rail line.
Item #5 COUNCIL APPROVAL OF AGENDA
Council Member Elliott requested the agenda be amended to include a City Council vote to
reconsider the City Council action taken on December 9, 2014 approving the resolution supporting
the 4B design concept on 66th Street from Penn Avenue to I-35W only.
Mayor Goettel stated the agenda would be amended to include this item as#7B.
Council Member Elliott clarified his understanding that this is a procedural step asking the
City Council to allow a majority vote to revisit the 4B design concept.
City Attorney Tietjen explained that the City Council follows the Sturgis Rules of Procedure
and explained the process for amending the agenda.
Ms. Tietjen continued that the motion before the City Council would be to rescind or repeal
the prior City Council action on December 9 related to the approval of the 4B design concept. If
that motion is approved tonight, then the design concept would be up for discussion and a new
vote.
M/Elliott, S/Goettel to amend the agenda to add Item 7B.
Council Meeting Minutes -3- January 13,2015
Motion carried 3-2. (Garcia and Fitzhenry oppose)
Item #6 CONSENT CALENDAR
A. Consideration of the approval of resolutions designating official depositories for the City of
Richfield for 2015, including the approval of collateral. S.R. No. 1
RESOLUTION NO. 11034
RESOLUTION DESIGNATING U.S. BANK
A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD
FOR THE YEAR 2015
This resolution appears as Resolution No. 11034.
RESOLUTION NO. 11035
RESOLUTION DESIGNATING CERTAIN FINANCIAL
INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF
CITY OF RICHFIELD FUNDS IN 2015
This resolution appears as Resolution No. 11035.
RESOLUTION NO. 11036
RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS,
BANKS AND CREDIT UNIONS AS DEPOSITORIES FOR THE DEPOSIT AND
INVESTMENT OF CITY FUNDS IN 2015
This resolution appears as Resolution No. 11036.
B. Consideration of the approval of a resolution authorizing the use of credit cards by City
employees otherwise authorized to make purchases on behalf of the City. S.R. No. 2
RESOLUTION NO. 11037
RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY CITY EMPLOYEES
OTHERWISE AUTHORIZED TO MAKE PURCHASES ON BEHALF OF THE CITY OF
RICHFIELD
FOR THE YEAR 2015
This resolution appears as Resolution No. 11037.
C. Consideration of the approval of a designation of an Acting City Manager for 2015. S.R.
No. 3
D. Consideration of the approval of a resolution designating an official newspaper for 2015.
S.R. No. 4
RESOLUTION NO. 11038
RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2015
This resolution appears as Resolution No. 11038.
Council Meeting Minutes -4- January 13,2015
E. Consideration of the approval of a resolution granting a subdivision waiver, allowing the
division of 6325 Girard Avenue (a 120-foot wide lot) into a 105-foot lot and a 15-foot
remnant which will be combined with the adjacent 40-foot wide property to the north (6319
Girard Avenue), creating a 55-foot wide lot. S.R. No. 5
RESOLUTION NO. 11039
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
6325 GIRARD AVENUE
This resolution appears as Resolution No. 11039.
F. Consideration of the approval of Visual Quality Guidelines for road reconstruction projects
as recommended by the Community Services and Transportation Commissions. S.R. No.
6
G. Consideration of the approval of ratification of Change Order 2 in the amount of
$99,592.00 and Change Order 3 in the amount of$30,288.00 to Belair Builders, Inc. for
the Taft Lake/Legion Lake Water Quality Improvement Project. S.R. No. 7
M/Goettel, S/Fitzhenry to approve the Consent Calendar.
Motion carried 5-0.
Item #7. CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None. •
Item 7B.
M/Elliott, S/Goettel to rescind or revoke the City Council action on December 9, 2014
relative to the implementation of concept design 4B on 66`n Street from Penn Avenue to I-35W
only.
Council Member Elliott stated his intent is not to undermine the vote of former Council
Member Sandahl but rather to provide newly-elected Council Member Howard an opportunity to
address this issue.
Council Member Garcia stated she believed this was disrespectful to Council Member
Sandahl, the Transportation Commission and the overall process. She stated she was confident
the December 9 decision was the right one for the right reason and is best for the Richfield
community.
Mayor Goettel stated the December 9 vote was not unanimous and that the Transportation
Commission considered specifics but the City Council considers beyond specifics and does not
always agree with commission recommendations.
Council Member Howard agreed that the decision on 66th Street is significant and respected
Council Member Elliott for bringing it forward. He asked for clarification from the City Attorney
regarding a yes or no vote on the motion.
City Attorney Tietjen explained a yes vote is support of the motion to rescind the prior City
Council action on December 9, 2014 and a no vote is not supporting the motion to rescind.
Council Member Howard stated he has followed the 66th Street issue closely and respects
the process. The current 66th Street is obsolete and unsafe and needs fixing. The low impact is
not workable and does not address the safety issues and could result in more property
intervention. He continued that the approved 4B design is the better option to make 66th Street
safer for vehicles and pedestrians but it is not perfect because of the taking of 18 homes. He
Council Meeting Minutes -5- January 13,2015
expressed support for the 4B option because the project needs to move forward and it is unfair to
keep the impacted properties in limbo. He stated he would vote no to rescind the previous action.
Council Member Fitzhenry expressed concern that there was a lack of notice to the public
regarding the rescinding and also that the funding from Hennepin County may move to another
project if it does not continue to move forward. He stated he would not support rescinding the
previous action.
Council Member Elliott stated that he discussed the issue of rescinding the prior vote with
the City Attorney and to inform the City Manager
City Manager Devich explained that he is not in a position to put this type of item on the
agenda and that it is a decision the City Council must make.
Mayor Goettel stated that the City Manager was aware of the discussion but to place it on
the agenda, it has to go through her and the City Council.
Motion failed 2-3. (Garcia, Howard and Fitzhenry oppose)
Item #8 PUBLIC HEARING FOR THE CONSIDERATION OF THE ISSUANCE OF A NEW
ON SALE WINE LICENSE FOR DAVANNI'S, INC. D/B/A DAVANNI'S PIZZA AND
HOT HOAGIES, 6345 PENN AVENUE SOUTH S.R. 8
Council Member Howard presented Staff Report No. 8.
M/Elliott, S/Fitzhenry to close the public hearing.
Motion carried 5-0.
M/Howard, S/Goettel to approve the issuance of a new on sale wine license for Davanni's,
Inc., d/b/a Davanni's Pizza and Hot Hoagies, 6345 Penn Avenue South.
Motion carried 5-0.
Item #9 CONSIDERATION OF THE SECOND READING OF AN AMENDMENT TO THE
CITY'S ZONING ORDINANCE AND A RESOLUTION APPROVING SUMMARY
PUBLICATION OF SAID ORDINANCE. THE PROPOSED AMENDMENT WILL
CLARIFY AND ENHANCE REGULATIONS RELATED TO USES WITH DRIVE-
UP WINDOWS OR TELLER SERVICE IN THE MIXED USE DISTRICT S.R .NO. 9
Council Member Fitzhenry presented Staff Report No. 9.
M/Fitzhenry, S/Howard that this constitutes the second reading of Bill No. 2015-1,
amending Subsection 537.05, Subdivision 5 and Subsection 541.21, Subdivision 3 of the Richfield
City Code related to uses with drive-up window or teller service in the Mixed Use Districts, 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. 11040
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING
SUBSECTION 537.05, SUBDIVISION 5 AND SUBSECTION 541.21, SUBDIVISION 3
RELATED TO USES WITH DRIVE-UP WINDOW OR TELLER SERVICE IN THE
MIXED USE DISTRICTS
Council Meeting Minutes -6- January 13,2015
Motion carried 5-0. This resolution appears as Resolution No. 11040.
Item #10 CONSIDERATION OF THE SECOND READING OF AN AMENDMENT TO THE
CITY'S ZONING ORDINANCE AND A RESOLUTION AUTHORIZING SUMMARY
PUBLICATION OF SAID ORDINANCE. THE PROPOSED ORDINANCE WOULD
AMEND THE WAY IN WHICH THE CITY ADMINISTERS ODOR CONTROL
REQUIREMENTS FOR COMMERCIAL KITCHENS S.R. NO. 10
Council Member Elliott presented Staff Report No 10.
M/Elliott, S/Goettel that this constitutes the second reading of Bill No. 2015-2, amending
Subsection 544.27 of the Richfield City Code related to commercial kitchen odor control, 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. 11041
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING
SUBSECTION 544.27 RELATED TO COMMERCIAL KITCHEN ODOR CONTROL
Motion carried 5-0. This resolution appears as Resolution No. 11041.
Item 11 DISCIPLINARY HEARING AND CONSIDERATION OF A RESOLUTION
REGARDING CIVIL ENFORCEMENT FOR MI AMA MEXICAN GROCERY &
RESTAURANT, 813 E. 66TH ST., THAT RECENTLY UNDERWENT TOBACCO
COMPLIANCE CHECKS CONDUCTED BY RICHFIELD PUBLIC SAFETY STAFF
AND FAILED BY SELLING TOBACCO TO UNDERAGE YOUTH S.R. NO. 11
Council Member Garcia presented Staff Report No. 11.
A representative from the restaurant was not present.
City Attorney Tietjen stated that failure to appear is admitting to the violation occurred and
stipulating to the suspension and penalty.
M/Garcia, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 11042
RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR MI AMA MEXICAN
GROCERY & RESTAURANT, 813 E. 66TH ST., AND IMPOSING A CIVIL PENALTY FOR
SECOND TIME TOBACCO COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 11042.
Item 12 CONSIDERATION OF DESIGNATING REPRESENTATIVES TO SERVE AS THE
2015 LIAISONS TO VARIOUS METROPOLITAN AGENCIES AND CITY
COMMISSIONS S.R. NO. 12
Mayor Goettel presented Staff Report No 12.
Council Meeting Minutes -7- January 13,2015
M/Goettel, S/Garcia to designate the Council liaison appointments to various metropolitan
agencies and city advisory commissions for 2015.
Motion carried 5-0.
Item 13 DISCUSSION REGARDING CITY COUNCIL ATTENDANCE AT THE 2015
NATIONAL LEAGUE OF CITIES (NLC) CONFERENCES S.R. NO. 13
Mayor Goettel presented Staff Report No. 13.
M/Goettel, S/Elliott to designate Mayor Debbie Goettel to attend the 2015 National League
of Cities Conferences.
Motion carried 5-0.
Item #14 CONSIDERATION OF THE DESIGNATION OF A MAYOR PRO TEMPORE FOR
2015 S.R. NO. 14
Mayor Goettel presented Staff Report No. 14
M/Goettel S/Elliott to designate Council Member Edwina Garcia as Mayor Pro Tempore for
2015.
Motion carried 5-0.
Item #15 CONSIDERATION OF THE CITY COUNCIL'S AFFIRMATION OF THE MAYOR'S
APPOINTMENT OF AN HRA COMMISSIONER S.R. NO. 15
Mayor Goettel presented Staff Report No. 15.
M/Goettel, S/Fitzhenry to affirm the Mayor's appointment of Council Member Pat Elliott as
an HRA Commission with a term ending January 13, 2019.
Motion carried 5-0.
Item #16 CITY MANAGER'S REPORT
None.
Item #17 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 12/23/14
NP Checks: 236915-237285 $ 1,129,906.86
Payroll: 106669-106990 42418-42420 $ 574,703.39
TOTAL $ 1,704,610.25
Council Meeting Minutes -8- January 13,2015
U.S. Bank 01/13/15
NP Checks: 237286-237628 $ 1,415,927.55
Payroll: 106991-107303 42421-42422 $ 530,874.03
TOTAL $ 1,946,801.58
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council open meeting was adjourned by unanimous consent at 8:28 p.m.
Date Approved: January 27, 2015
if •ettel
Cheryl Kfumholz tj _ate- vn L. De ich
Executive Coordinator City anage