02-12-08 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 12, 2008
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Susan Rosenberg; Fred Wroge; and Bill Kilian.
Members Absent: Sue Sandahl.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Interim Community Development Director; Jim Topitzhofer,
Recreation Services Director; Barry Fritz, Acting Public Safety Director;
Chris Regis, Finance Manager; Brad Sveum, Fire Services Director; Bill
Fillmore, Municipal Liquor Operations Director; Corrine Heine, City
Attorney; and Cheryl Krumholz, Recording Secretary.
M/Goettel, S/Kilian to determine the absence of Council Member Sandahl from the (1)
Special City Council Meeting on February 12, 2008; (2) Special City Council Worksession on
February 12, 2008; and (3) Regular City Council Meeting on February 12, 2008 as an excused
absence.
Motion carried 4-0.
OPEN FORUM
Marty Kirsch, 6725 Penn Avenue, spoke to the City Council regarding the upcoming
Richfield Centennial Celebration. The City Council invited Mr. Kirsch to postpone his presentation
to the “Hats Off to Hometown Hits” section of the agenda so he could be on cable television.
Heidi Gaibor, 6915 Wentworth Avenue, spoke to the City Council regarding her opposition
to the stop sign policy recently approved.
Council Meeting Minutes -2- February 12, 2008
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Kilian, S/Wroge to approve the minutes of (1) Special City Council Meeting of January 5,
2008; (2) Special City Council/HRA/Planning Commission Meeting of January 14, 2008; (3) Special
City Council Meeting of January 22, 2008; (4) Special City Council Worksession of January 22,
2008; (5) Regular City Council Meeting of January 22, 2008; (6) Reconvened Regular City Council
Meeting of January 23, 2008; and (7) Special City Council Worksession of January 23, 2008.
Motion carried 4-0.
Item #1 PRESENTATION OF PROCLAMATION DESIGNATING FEBRUARY 28, 2008
AS “WE CARE” DAY IN RICHFIELD
Mayor Goettel presented the proclamation designating February 28, 2008 as “We Care”
Day in Richfield.
Item #2 PRESENTATION OF CERTIFICATE OF RECOGNITION TO DAVID C.
DELZER FOR SERVING THREE CONSECUTIVE TERMS ON FRIENDSHIP
CITY COMMISSION
Mayor Goettel presented a certificate of recognition to David C. Delzer for serving three
consecutive terms on the Friendship City Commission.
Item #3 COUNCIL DISCUSSION
?
HATS OFF TO HOMETOWN HITS
Marty Kirsch, 6725 Penn Avenue, Celebrations Committee Co-Chair, announced the
Centennial Celebration medallion hunt begins on February 13 and the birthday party is on
February 26at Richfield High School at 6 p.m.
Council Member Rosenberg acknowledged the insert in the Richfield Sun-Current regarding
the Centennial events. She announced the February 26 Regular City Council Meeting will be at
the Richfield High School auditorium.
Council Member Kilian discussed the consistency of the City Council’s recognizing of
commission members when they leave a commission.
Council Meeting Minutes -3- February 12, 2008
City Manager Devich stated that there has been some lack of consistency over the years
but the City Council has recognized almost all individuals who have served three consecutive
terms. He said he would discuss this matter with the staff liaisons.
Mayor Goettel acknowledged the hard work of the City Hall Task Force and the good public
participation. However, the funding remains a concern with bonding increasing property taxes.
She suggested the City Council consider establishing a citizen committee to review tax implications
based upon actual financial costs.
Council Member Wroge requested an update on the timing and funding of the City Hall
project.
City Manager Devich stated that at the January 23, 2008 City Council goalsetting session,
the conclusion was to have staff return to the City Council with operational and capital goals
financial implications. There are two competing interests for bonding: the new City Hall/Police/Fire
Facility and Richfield Parkway.
Council Member Wroge suggested the status of the new City Hall project be on the City
Council agenda to keep the public informed.
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed Item 5K from the Consent Calendar, to be considered separately
as Item #6.
M/Kilian, S/Wroge to approve the agenda as amended.
Motion carried 4-0.
Item #5 CONSENT CALENDAR
A. Consideration of approval of first reading of transitory ordinance providing funding for
certain improvements from Special Revenue Fund and scheduling public hearing and
second reading for March 11, 2008 S.R. No. 29
B. Consideration of approval of first reading of ordinance amending Subsections 1125.03,
1188.19 and 1195.09 of City Code related to parking and zoning regulations for car wash,
therapeutic massage and auto detailing establishments and scheduling second reading for
February 26, 2008 S.R. No. 30
C. Consideration of approval of first reading of new Section 550 of City Code related to
floodplain management regulations and scheduling second reading for February 26, 2008
S.R. No. 31
D. Consideration of approval of resolution supporting legislation revising Minnesota Statutes
relating to Local Government Aid S.R. No. 32
Council Meeting Minutes -4- February 12, 2008
RESOLUTION NO. 10054
RESOLUTION IN SUPPORT OF LEGISLATION THAT WOULD
REVISE MINNESOTA STATUES RELATING TO LOCAL
GOVERNMENT AID
This resolution appears as Resolution No. 10054.
E. Consideration of approval of resolution authorizing acceptance of $18,019 grant for
Centennial Celebration from Richfield Tourism Promotion Board and $22,293 federal grant
for Free Lunch Program from U.S. Department of Agriculture and Minnesota Department of
Education S.R. No. 33
RESOLUTION NO. 10055
RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FOR
THE CENTENNIAL CELEBRATION IN THE AMOUNT OF $18,019,
AND A FEDERAL GRANT FOR THE FREE LUNCH PROGRAM IN
THE AMOUNT OF $22,293 FROM THE U.S. DEPARTMENT OF
AGRICULTURE AND MINNESOTA DEPARTMENT OF EDUCATION
This resolution appears as Resolution No. 10055.
F. Consideration of approval of resolution authorizing application to Minnesota Department of
Finance for special funding of Honoring All Veterans Memorial S.R. No. 34
RESOLUTION NO. 10056
RESOLUTION AUTHORIZING THE SUBMITTAL OF A REQUEST
FOR SPECIAL FUNDING TO THE MINNESOTA DEPARTMENT OF
FINANCE FOR THE HONORING ALL VETERANS MEMORIAL
This resolution appears as Resolution No. 10056.
G. Consideration of approval of renewal of lawful gambling license for Minneapolis-Richfield
American Legion Post #434, 6501 Portland Avenue, and resolution approving gambling
activity requested by applicant in accordance with Richfield City Code 1100.13, subd. 6.
S.R. No. 35
RESOLUTION NO. 10052
A RESOLUTION GRANTING APPROVAL FOR
MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST #435
TO CONDUCT LAWFUL GAMBLING
This resolution appears as Resolution No. 10052.
H. Consideration of approval of purchase of new reactor mixer for Water Treatment Plant in
amount of $36,125 S.R. No. 36
I. Consideration of approval of on-sale 3.2 percent malt liquor license and public dance
license for Sweetheart Dance at Church of the Assumption on February 17, 2008 S.R. No.
37
Council Meeting Minutes -5- February 12, 2008
J. Consideration of approval of temporary on-sale 3.2 percent malt liquor license and itinerant
food license for Edina Morningside Rotary Winter Social on February 23, 2008 at Lariat
Lanes, 6320 Penn Avenue S.R. No. 38
K. Removed from the Consent Calendar and placed on the regular agenda for consideration as
Item #6.
M/Kilian, S/Rosenberg to approve the Consent Calendar as amended.
Motion carried 4-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Former Consent Calendar Item #5K – Staff Report No. 39.
Consideration of approval of the following 2008 renewal of business licenses for 3.2 percent
liquor sales and 2008 license renewals to operate businesses in Richfield:
License to Sell 3.2 Percent Malt Liquor
Airport Bowl – On-Sale Sandy’s Tavern – On-Sale
Aldi Foods – Off-Sale SuperAmerica #4186 – Off-Sale
Davanni’s Pizza – On-Sale SuperAmerica #4188 – Off-Sale
El Jalapeno – Off-Sale SuperAmerica #4191 – Off-Sale
Kwik Way Foods – Off-Sale SuperAmerica #4615 – Off-Sale
Lariat Lanes – On-Sale Vina Restaurant – On-Sale
RBF Corporation of Wisconsin (Rainbow Worldwide Supermarket – Off-Sale
Foods) – Off-Sale Target T-2300 – Off-Sale
Richfield U.S. (Mobil Mart) – Off-Sale
License to Operate in Richfield
A New Star Limousine & Taxi Service – 10 Latino Express – 10 vehicles
vehicles Suburban Taxi Corporation – 5 vehicles
Airport Taxi – 11 vehicles Twin Cities Airport Taxi - 3 vehicles
Black & White Taxi – 5 vehicles Paul’s Rentals & Sale – Trailers and Trucks
Ecuadorian Express – 5 vehicles Rental
Gold Star Taxi – 27 vehicles
Council Member Wroge asked about the status of the work the City required El Jalapeno to
complete several months ago and if the City could table this particular liquor license renewal to the
February 26, 2008 Regular City Council Meeting.
City Manager Devich stated many items have been done but staff would provide an update.
City Attorney Heine explained that as long as the liquor license doesn’t expire before
February 26, 2008, tabling the action would not be an issue. She said the impact on the renewal
related to the work to be completed should be reviewed for relevancy but the City Council has
broad authority on issuing licenses.
Council Meeting Minutes -6- February 12, 2008
Council Member Kilian asked about Home Depot and Menard’s needing trailers and trucks
rental licensing.
City Manager Devich stated staff would review the need for those licenses.
M/Wroge, S/Kilian to approve all 2008 renewal of named business licenses for 3.2 percent
liquor sales except the 2008 off-sale liquor license renewal for El Jalapeno and table consideration
for that license to the February 26, 2008 Regular City Council Meeting; and approve the 2008
renewal of licenses to operate named businesses in the City of Richfield.
Motion carried 4-0.
Item #7 PUBLIC HEARING REGARDING CONSIDERATION OF RESOLUTION
AUTHORIZING USE OF FUNDS FOR 2008 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM S.R. NO. 40
Council Member Rosenberg presented Staff Report No. 40.
M/Rosenberg, S/Kilian to close public hearing.
Motion carried 4-0.
M/Rosenberg, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10057
RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2008
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM AND AUTHORIZING EXECUTION OF
SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND
ANY REQUIRED THIRD PARTY AGREEMENTS
Motion carried 4-0. This resolution appears as Resolution No. 10057.
Item #8 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING
SECTION 210.01 OF RICHFIELD CITY CODE RELATED TO CITY COUNCIL
SALARIES S.R. NO. 41
Council Member Kilian presented Staff Report No. 41.
Council Member Wroge asked for clarification why there has been no City Council salary
increase since 2006.
City Manager Devich explained that the City ordinance did not mirror the City Charter
regarding City Council salaries in 2006 and by the time the necessary changes were made, it was too
late for the City Council to adjust their salaries. There is no retroactive pay proposed.
Council Meeting Minutes -7- February 12, 2008
M/Kilian, S/Wroge that this constitutes the second reading of Bill No. 2008-2 to approve
amending Section 210.01 of Richfield City Code related to City Council salaries, that it be published
in the official newspaper and that it be made part of these minutes.
Motion carried 4-0.
Item #9 CONSIDERATION OF RESOLUTION REGARDING IMPOSING CIVIL
ENFORCEMENT ON ESTABLISHMENTS IN RICHFIELD THAT UNDERWENT
ALCOHOL COMPLIANCE CHECKS CONDUCTED BY RICHFIELD PUBLIC
SAFETY STAFF AND FAILED BY SELLING ALCOHOL TO UNDERAGE YOUTH
S.R. NO. 42
Mayor Goettel presented Staff Report No. 42.
th
Rainbow Foods
– 140 66 Street – Andy Shinka, representative from Rainbow Foods,
admitted that the violation occurred and agreed with the suspension of their 3.2 percent malt liquor
license and the civil penalty.
M/Goettel, S/Kilian that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10058
RESOLUTION SUSPENDING THE 3.2 PERCENT MALT LIQUOR
LICENSE FOR RAINBOW FOODS, 140 66THST., AND IMPOSING
A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE
FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 10058.
th
Davanni’s
– 2312 66 Street West – Angela Martin, representative from Davanni’s,
admitted that the violation occurred and agreed with the suspension of their 3.2 percent malt liquor
license and the civil penalty.
M/Goettel, S/Kilian that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10059
RESOLUTION SUSPENDING THE 3.2 PERCENT MALT LIQUOR
LICENSE FOR DAVANNI’S, 2312 66TH ST. W., AND IMPOSING A
CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE
FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 10059.
Council Meeting Minutes -8- February 12, 2008
Item #10 CONSIDERATION OF RESOLUTION REGARDING IMPOSING CIVIL
ENFORCEMENT ON ESTABLISHMENTS IN RICHFIELD THAT UNDERWENT
TOBACCO COMPLIANCE CHECKS CONDUCTED BY RICHFIELD PUBLIC
SAFETY STAFF AND FAILED BY SELLING TOBACCO TO UNDERAGE YOUTH
S.R. NO. 43
Council Member Wroge presented Staff Report No. 43.
City Manager Devich clarified that Pump’n’Munch was not required to appear before the City
Council because it is their first offense. Gada was notified in writing that they were required to
appear because it is their second offense.
Council Member Wroge suggested changing the ordinance to make it mandatory to appear
before the City Council on a first offense. He asked what happened if the establishment did not
appear.
City Attorney Heine explained that an appearance for a first offense is not required because
there is no license suspension. The establishment must be given an opportunity to request a
hearing if their attendance is required.
City Attorney Heine stated that not appearing when required is a forfeiture of the
establishment’s right to contest the penalty imposed and deemed admission of the offense that
occurred.
Mayor Goettel asked about other cities enforcement of compliance check failures compared
to Richfield and suggested a review of the ordinance may be necessary.
City Attorney Heine stated that compared to other communities, Richfield is fairly strict on
penalties for compliance check failures.
Acting Public Safety Director Fritz stated compliance checks are conducted several times
per year. The last review of the ordinance was in 2004 at which time the penalties were
strengthened.
M/Wroge, S/Kilian that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10060
RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR GADA
AUTO SERVICE, 7733 PORTLAND, AND IMPOSING A CIVIL
PENALTY FOR SECOND TIME TOBACCO COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 10060.
Item #11 CONSIDERATION OF RESOLUTION APPROVING COOPERATIVE
CONSTRUCTION AGREEMENT NO. 92182-R BETWEEN MN/DOT AND CITY OF
TH
RICHFIELD FOR REPLACEMENT OF 76 STREET BRIDGE OVER I-35W
S.R. NO. 44
Council Meeting Minutes -9- February 12, 2008
Mayor Goettel presented Staff Report No. 44.
City Manager Devich stated the bridge would be down in April 2008 and up again in
November 2008. It will be an enhancement to the City but, during construction, it will be
complicated to get across Richfield.
Public Works Director Eastling reviewed the project’s appearance and design.
Council Member Kilian asked about I-35W access ramp restrictions during construction.
Public Works Director Eastling explained the anticipated ramp closure time frames.
Council Member Rosenberg asked communication efforts and expressed concerns
th
regarding increased traffic on 66 Street impacting neighborhoods.
Public Works Director Eastling stated that this is a MN/DOT project and signage will be
installed to inform traffic of the upcoming closures. Information is on the City website and cable
television.
M/Goettel, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10053
RESOLUTION AUTHORIZING APPROVAL OF COOPERATIVE
CONSTRUCTION AGREEMENT No. 92182-R BETWEEN THE
MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE
CITY OF RICHFIELD TO PROVIDE FOR PAYMENT BY THE CITY
OF CITY’S SHARE OF BRIDGE COSTS, LIGHTING, TRAFFIC
SIGNALS ALONG AND ADJACENT TO TRUNK HIGHWAY 35W AT
76TH STREET WITHIN THE CORPORATE CITY LIMITS
Motion carried 4-0. This resolution appears as Resolution No. 10053.
Item #12 CONSIDERATION OF RESOLUTION APPROVING PROVISIONS OF 2008-2009
LABOR AGREEMENT WITH POLICE SUPERVISORS LAW ENFORCEMENT
LABOR SERVICES LOCAL 162 S.R. NO. 45
Council Member Kilian presented Staff Report No. 45.
M/Kilian, S/Wroge that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10061
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR
SERVICES (LELS), LOCAL 162 BARGAINING UNIT
FOR THE YEARS 2008-2009
Motion carried 4-0. This resolution appears as Resolution No. 10061.
Council Meeting Minutes
-10-
February 12, 2008
Item #13 CONSIDERATION OF APPOINTMENT(S) TO CITY ADVISORY COMMISSIONS
S.R. NO. 46
Mayor Goettel presented Staff Report No. 46.
M/Goettel, S/Rosenberg to appoint Cynthia Mandl to the Celebrations Commission.
Motion carried 4-0.
litem #14 I CITY MANAGER'S REPORT
City Manager Devich reported that due to technical difficulties, the January 22, 2008
Regular City Council Meeting will be rebroadcast February 13, 2008 at 7 p.m. and February 16,
2008 at 3 p.m.
litem #15 I CLAIMS AND PAYROLL
MIRosenberg, S/Kilian that the followino claims and pavrolls be approved:
U.S. BANK 02-12-08
AlP Checks: 165738 -166277
PAYROLL 46086-46760,41327-41330
TOTAL
$ 2,109,181.00
$ 1,007,917.26
$ 3,117,098.26
Motion carried 4-0.
LX ~
Cheryl~~IZ
Recording Secretary
en L. Devlch
City Manager
Date Approved: February 26, 2008