12-09-08 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
December 9, 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; Sue Sandahl; Susan Rosenberg; and Bill Kilian.
Members Absent: Fred Wroge.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation
Services Director; Brad Sveum, Fire Services Director; Chris Regis,
Finance Manager; Kristin Asher, Assistant City Engineer; Corrine Heine,
City Attorney; and Cheryl Krumholz, Recording Secretary.
M/Sandahl, S/Kilian to determine the absence of Council Member Wroge from the Regular
City Council Meeting of December 9, 2008 as an excused absence.
Motion carried 4-0.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Council Meeting Minutes -2- December 9, 2008
APPROVAL OF MINUTES
M/Kilian, S/Sandahl to approve the minutes of (1) Special City Council Meeting of
November 28, 2008 and (2) Regular City Council Meeting of November 25, 2008.
Motion carried 4-0.
Item #1 INTRODUCTION OF RECENTLY PROMOTED PUBLIC SAFETY/POLICE
STAFF
Public Safety Director Fritz introduced recently promoted Public Safety/Police staff: Todd
Sandell, Deputy Chief; Mike Flaherty, Police Lieutenant; Beth Roberts, Police Sergeant; Eric
Lammle, Detective; and Matt Steen, Police Sergeant.
Item #2 RICHFIELD FOUNDATION AWARDING OF GRANTS
Mayor Goettel, Richfield Foundation Chair, presented grants totaling $17,000.
COUNCIL DISCUSSION
Item #3
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UPDATE ON TRANSPORTATION PROJECT, INCLUDING 66TH
STREET AND PORTLAND AVENUE INTERSECTION PROJECT
(COUNCIL MEMO NO. 201)
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HATS OFF TO HOMETOWN HITS
Assistant City Engineer Asher provided an update on various transportation projects.
Council Member Rosenberg recognized Richfield residents who are displaying holiday
lights.
Mayor Goettel stated she will be testifying at the December 10 Senate hearing at the State
Capitol regarding the potential cuts or reductions in the allotment of Local Government Aid to cities
due to the State budget deficit.
Mayor Goettel reported on the federal transportation stimulus package strategies
discussions with regional mayors.
Item #4 COUNCIL APPROVAL OF AGENDA
Council Meeting Minutes -3- December 9, 2008
Mayor Goettel removed Item #10H from the agenda.
M/Sandahl, S/Kilian to approve the agenda as amended.
Motion carried 4-0.
Item #5 CONSENT CALENDAR
A. Consideration of approval of resolution appointing Patti Sterbuck to Richfield Tourism
Promotion Board for three-year term ending December 31, 2011 S.R. No. 289
RESOLUTION NO. 10187
RESOLUTION APPOINTING REPRESENTATIVE TO THE BOARD
OF DIRECTORS OF THE RICHFIELD TOURISM
PROMOTION BOARD, INC.
This resolution appears as Resolution No. 10187.
B. Consideration of approval of authorizing acceptance of donations from Residential
Mortgage Group “Refer-A-Friend” program to be used by City of Richfield Fire Services and
Public Safety/Police Departments S.R. No. 290
RESOLUTION NO. 10188
RESOLUTION AUTHORIZING ACCEPTANCE OF DONATIONS
FROM THE RESIDENTIAL MORTGAGE GROUP “REFER-A-
FRIEND” PROGRAM RECEIVED BY THE CITY OF RICHFIELD AND
TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN
ACCORDANCE WITH DONATION AGREEMENTS AND TERMS
PRESCRIBED BY THE DONORS
This resolution appears as Resolution No. 10188.
C. Consideration of approval of resolution authorizing Public Safety Department acceptance of
grant from State of Minnesota, Commissioner of Public Safety, State Patrol Division for
payment of overtime for officers involved in Operation NightCAP traffic enforcement S.R.
No. 291
RESOLUTION NO. 10189
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD/POLICE
TO PARTICIPATE JOINTLY WITH THE MINNESOTA STATE
PATROL IN AN AGREEMENT WITH AND TO RECEIVE GRANT
FUNDS FROM THE STATE OF MINNESOTA, COMMISSIONER OF
PUBLIC SAFETY, TO PAY OVERTIME TO OFFICERS INVOLVED
IN OPERATION NIGHTCAP
This resolution appears as Resolution No. 10189.
Council Meeting Minutes -4- December 9, 2008
D. Consideration of approval of resolution granting amendment to planned unit development,
final development plan and conditional use permit to allow Department of Veteran’s Affairs
to operate adult daycare serving up to 35 persons at 6636 Cedar Avenue S.R. No. 292
RESOLUTION NO. 10190
RESOLUTION AUTHORIZING AN AMENDMENT
TO THE PLANNED UNIT DEVELOPMENT,
FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT
TO ALLOW DAYCARE SERVICES FOR UP TO 35 PERSONS
AT 6636 CEDAR AVENUE
This resolution appears as Resolution No. 10190.
E. Consideration of approval of resolution granting conditional use permit to allow 75-foot
telecommunication tower for Public Works Department radio communication at City’s Water
Plant, 6221 Portland Avenue S.R. No. 293
RESOLUTION NO. 10191
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
TO ALLOW A 75-FOOT TELECOMMUNICATION TOWER AND
ANTENNA AT 6221 PORTLAND AVENUE (CITY WATER PLANT)
This resolution appears as Resolution No. 10191.
F. Consideration of approval of resolution granting site plan approval for lawn care business at
7524 Lyndale Avenue S.R. No 294
RESOLUTION NO. 10192
RESOLUTION APPROVING A SITE PLAN FOR
7524 LYNDALE AVENUE
This resolution appears as Resolution No. 10192.
G. Consideration of approval of City Manager’s reappointment of Connie Murray and Paul
Wasko for two-year terms as Hearing Examiners S.R. No. 295
H. Consideration of approval of resolution authorizing agreement between City of Richfield
and Minnesota Department of Transportation for purchase of salt until July 1, 2013 S.R.
No. 296
RESOLUTION NO. 10186
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER
INTO MN/DOT AGREEMENT NO. 93751WITH THE MINNESOTA
DEPARTMENT OF TRANSPORTATION FOR SALT USE UNTIL
JULY 1, 2013
This resolution appears as Resolution No. 10186.
I. Consideration of approval of award of contract to Graymont (WI), LLC Company for quick lime
for water treatment in amount of $156,800 ($112/ton) for 2009 S.R. No. 297
Council Meeting Minutes -5- December 9, 2008
J. Consideration of approval of extending current agreement with Malecha Trucking for lime
residual disposal for three-year period (2009-2011) in amount of $63,000/year or
$189,000/three years S.R. No. 298
K. Consideration of approval of supplemental agreement No. 2 and four work orders with
Shafer Contracting related to 66th Street and Portland Avenue intersection project S.R.
No. 299
M/Kilian, S/Goettel to approve the Consent Calendar.
Motion carried 4-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #7 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO
RICHFIELD CITY CODE APPENDIX D ESTABLISHING FEE SCHEDULE FOR
CERTAIN PERMITS AND APPLICATIONS AND RESOLUTION AUTHORIZING
SUMMARY PUBLICATION OF ORDINANCE S.R. NO. 280
Council Member Wroge presented Staff Report No. 280.
M/Wroge, S/Kilian that this constitutes the second reading of Bill No. 2008-22, Transitory
Ordinance 18.60 to approve ordinance amendment to Richfield City Code Appendix D establishing
fee schedule for certain permits and applications, 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. 10170
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL
NO. 2008-22, TRANSITORY ORDINANCE NO. 18.60
Motion carried 5-0. This resolution appears as Resolution No. 10170.
Item #7 PUBLIC HEARINGS REGARDING 2009 PAWNBROKER AND SECONDHAND
GOODS DEALER LICENSE RENEWALS:
A. Metro Pawn & Gun, Inc., 7529 Lyndale Avenue S.R. No. 300
B. University Cash Company, LLC d/b/a Avi’s Pawn and Jewelry, 6414
Nicollet Avenue S.R. No. 301
Council Member Rosenberg presented Staff Report No. 300.
M/Kilian, S/Sandahl to close public hearing.
Council Meeting Minutes -6- December 9, 2008
Motion carried 4-0.
M/Rosenberg, S/Goettel to approve the renewal of the 2009 Pawnbroker and Secondhand
Goods Dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue.
Motion carried 4-0.
Council Member Rosenberg presented Staff Report No. 301.
Andy Strauss, Avi’s Pawn and Jewelry, was present for questions.
M/Rosenberg, S/Kilian to close public hearing.
Motion carried 4-0.
M/Rosenberg, S/Goettel to approve the renewal of the 2009 Pawnbroker and Secondhand
Goods Dealer licenses for University Cash Company, LLC d/b/a Avi’s Pawn and Jewelry, 6414
Nicollet Avenue.
Motion carried 4-0.
Item #8 PUBLIC HEARINGS REGARDING 2009 CLUB ON-SALE AND SUNDAY
LIQUOR LICENSE RENEWALS:
A. Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food &
Drink; 6715 Lake Shore Drive S.R. No. 302
B. Minneapolis-Richfield American Legion Post 435, 6501 Portland
Avenue S.R. No. 303
City Attorney Heine stated that a combined public hearing could be conducted but it needed
to be made clear if someone wished to speak about a specific license and any City Council
Member could require the hearing be divided.
Council Member Kilian presented Staff Report No.’s 302 and 303.
M/Rosenberg, S/Sandahl to close public hearing.
Motion carried 4-0.
M/Kilian, S/Sandahl to approve the renewal of 2009 Club On-Sale and Sunday Liquor
Licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food & Drink, 6715
Lake Shore Drive; and Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue.
Motion carried 4-0.
Council Meeting Minutes -7- December 9, 2008
Item #9 PUBLIC HEARINGS REGARDING 2009 CLUB ON-SALE AND SUNDAY
LIQUOR LICENSE RENEWALS:
A. Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue S.R.
No. 304
B. Thompson’s Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue
S.R. No. 305
C. Kiang’s Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902
West 66th Street S.R. No. 306
D. The Noodle Shop-Colorado, Inc., d/b/a Noodles and Company, 7630
Lyndale Avenue S.R. No. 307
E. Naviya’s Thai Kitchen, 6345 Penn Avenue S.R. No. 308
F. Patrick’s French Bakery, Inc. d/b/a Patrick’s Bakery & Café, 2928
West 66th Street S.R. No. 309
Council Member Sandahl presented Staff Report No.’s 304 through 309.
M/Rosenberg, S/Kilian to close public hearing.
Motion carried 4-0.
M/Sandahl, S/Rosenberg to approve the renewal of 2009 On-Sale Wine and 3.2 Percent Malt
Liquor Licenses for Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue; Thompson’s
Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue; Kiang’s Red Pepper, Inc., d/b/a Red
Pepper Chinese Restaurant, 2902 West 66th Street; The Noodle Shop-Colorado, Inc., d/b/a Noodles
and Company, 7630 Lyndale Avenue; and Patrick’s French Bakery, Inc. d/b/a Patrick’s Bakery &
Café, 2928 West 66th Street.
Motion carried 4-0.
M/Sandahl, S/Rosenberg to approve renewal of 2009 On-Sale Wine and 3.2 Percent Malt
Liquor License for Naviya’s Thai Kitchen, 6345 Penn Avenue subject to providing an accountant’s
statement.
Motion carried 4-0.
Item #10 PUBLIC HEARINGS REGARDING 2009 ON-SALE INTOXICATING AND
SUNDAY LIQUOR LICENSE RENEWALS:
A. The Frenchman’s, 1400 East 66th Street S.R. No. 310
B. Taco Morales, 2 West 66th Street (cancel)
C. Wiltshire Restaurants, LLC, d/b/a Houlihan’s Restaurant & Bar, 6601
Lyndale Avenue S.R. No. 311
D. Don Pablo’s Operating Corp., d/b/a Don Pablo’s, 980 West 78th
Street S.R. No. 312
E. Paisan Inc., d/b/a Khan’s Mongolian Barbeque, 500 East 78th Street
S.R. No. 313
F. Champp's Operating Corporation d/b/a Champp’s Restaurant, 790
West 66th Street S.R. No. 314
G. HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue
S.R. No. 315
H. Removed from agenda
Council Meeting Minutes -8- December 9, 2008
Mayor Goettel presented Staff Report No.’s 310 through 316.
Council Member Sandahl suggested the City’s consideration of imposing late fees on
establishments that do not submit required licensing information on time.
Michael Ciambella, address not provided, questioned the pressure placed on Frenchman’s
last year to submit the required license renewal information on time or their license would not be
renewed and the City Council not mentioning the VFW’s failed compliance checks when
Frenchman’s past failure were discussed at renewal time.
M/Rosenberg, S/Kilian to close public hearing.
Motion carried 4-0.
M/Rosenberg, S/Goettel to approve renewal of the 2009 On-Sale Intoxicating and Sunday
Liquor Licenses for The Frenchman’s, 1400 East 66th Street; Wiltshire Restaurants, LLC, d/b/a
Houlihan’s Restaurant & Bar, 6601 Lyndale Avenue; Don Pablo’s Operating Corp., d/b/a Don
Pablo’s, 980 West 78th Street; Paisan Inc., d/b/a Khan’s Mongolian Barbeque, 500 East 78th
Street; Champp's Operating Corporation d/b/a Champp’s Restaurant, 790 West 66th Street;
and HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue.
Motion carried 4-0.
M/Rosenberg, S/Goettelto approve renewal of the 2009 On-Sale Intoxicating and Sunday
Liquor Licenses for Don Pablo’s Operating Corp., d/b/a Don Pablo’s, 980 West 78th Street; and
Champp’s Operating Corporation d/b/a Champp’s Restaurant, 790 West 66th Street subject to
providing an accountant’s statement.
Motion carried 4-0.
Item #11 CONSIDERATION OF RESOLUTIONS APPROVING 2008 REVISED/2009
PROPOSED BUDGET AND TAX LEVY S.R. NO. 317
Council Member Kilian presented Staff Report No. 317.
Finance Manager Regis discussed the slightly reduced levy from what was proposed at the
December 1, 2008 Truth in Taxation Meeting due to the recent favorable bond sales.
M/Kilian, S/Rosenberg that the following resolutions be adopted and that they be made part
of these minutes:
RESOLUTION NO. 10174
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2009
RESOLUTION NO. 10175
RESOLUTION AUTHORIZING BUDGET REVISIONS
Council Meeting Minutes -9- December 9, 2008
RESOLUTION NO. 10176
RESOLUTION AUTHORIZING REVISION OF 2008 BUDGET OF
VARIOUS DEPARTMENTS
RESOLUTION NO. 10177
RESOLUTION AUTHORIZING ADJUSTMENT TO CITY’S MILEAGE
REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE
SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE
RESOLUTION NO. 10178
RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES
AND CHARGES, WATER RATES AND CHARGES, SPECIAL
WATER SERVICE CHARGES, STORM SEWER RATES AND
CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS
RESOLUTION NO. 10179
RESOLUTION ADOPTING THE 2009 CAPITAL IMPROVEMENT
BUDGET
RESOLUTION NO. 10180
RESOLUTION ADOPTING THE 2010-2013 CAPITAL
IMPROVEMENT PROGRAM
RESOLUTION NO. 10181
RESOLUTION RELATING TO PURCHASING PRACTICES IN THE
CITY OF RICHFIELD AMENDING RESOLUTION NO. 8298
RESOLUTION NO. 10182
RESOLUTION ESTABLISHING 2009 LICENSE, PERMIT AND
MISCELLANEOUS
FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE
ORDINANCE CODE OF THE CITY OF RICHFIELD
RESCINDING RESOLUTION NO. 10023
RESOLUTION NO. 10183
RESOLUTION RELATING TO THE 2009 GENERAL SERVICES
SALARY COMPENSATION PLAN
RESOLUTION NO. 10184
RESOLUTION RELATING TO THE 2009 MANAGEMENT
SALARY COMPENSATION PLAN
Council Meeting Minutes -10- December 9, 2008
RESOLUTION NO. 10185
RESOLUTION RELATING TO THE JANUARY 2009 SPECIALIZED
PAY PLAN
Motion carried 4-0. These resolutions appear as Resolution No.’s 10174 through 10185.
Item #12 CONSIDERATION OF SUBMISSION OF TWO PROPOSALS FOR FEDERAL
FUNDS UNDER NON-MOTORIZED TRANSPORTATION PILOT PROGRAM
S.R. NO. 318
Council Member Rosenberg presented Staff Report No. 318.
M/Rosenberg, S/Goettel to approve submission of two proposals for federal funds under
Non-Motorized Transportation Pilot Program.
Motion carried 4-0.
Item #13 CONSIDERATION OF PROPOSAL FOR ADDITIONAL $100,000 WORK BY
WSB & ASSOCIATES FOR CONSTRUCTION INSPECTION OF 66TH STREET
AND PORTLAND AVENUE INTERSECTION PROJECT S.R. NO. 319
Council Member Sandahl presented Staff Report No. 319.
City Manager Devich stated the potential recovery of some of these additional charges is
being discussed and reviewed with City Attorney Heine.
Assistant City Engineer Asher said the costs are within the contingency fee of the project.
M/Sandahl, S/Rosenberg to approve additional $100,000 work by WSB & Associates for
construction inspection of 66th Street and Portland Avenue Intersection Project.
Motion carried 4-0.
Item #14 CITY MANAGER REPORT
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SPECIAL CITY COUNCIL MEETING ON WEDNESDAY, DECEMBER 17,
2008 AT 6 P.M.
City Manager Devich reminded the City Council of the Special City Council Meeting on
Wednesday, December 17, 2008 at 6 p.m.
City Manager Devich discussed the potential devastating impacts on the City due to the loss
or reduction of the Local Government Aid (LGA) allotment.
Council Meeting Minutes -11- December 9, 2008
Item #15 CLAIMS AND PAYROLL
M/Rosenberg, S/Kilian that the following claims and payrolls be approved:
U.S. BANK 12-09-08
A/P Checks: 181853 - 182208 $ 3,371,193.21
PAYROLL 53895 - 54229, 41395 - 41402 $ 493,941.25
TOTAL $ 3, 865,134.46
Motion carried 4-0.
OPEN FORUM
Ken Severson, 7316 Lyndale Avenue, requested the' City Council consider appointing-Hama
Farzan for Planning Commission member. He discussed discrepancies in portable and sandwich
board sign issues.
The City Council meeting was adjourned by unanimous consent at 8:17 p.m.
Date Approved: January 13, 2009
Nancy Gibb~ ~ L. Deg
City Clerk City Manager
CITY OF RICHFIELD, MINNESOTA
Bid Opening
November 18, 2008
10:00 a.m.
Quick Lime
Bid No. 08-10
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of
the meeting was to receive, open and read aloud bids for 1,400 tons of Quick Lime, as
advertised in the official newspaper on October 30, 2008.
Present: Theresa Schyma, Deputy City Clerk
Robert Hintgen, Assistant Utilities Superintendent
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name Bid Bond Addendum
#1 Unit Bid
(per ton) Total Base Bid
Graymont Provided Provided $112.00 $156,800.00
Duluth, MN
Western Lime Corp. Provided Not $146.00 $204,400.00
West Bend, WI Provided
Carmeuse Lime & Stone provided Provided $239.16 $334,824.00
Pittsburgh, PA
* Bid was adjusted to reflect missing addendum #1 - 1,400 tons of Quick Lime as opposed to the original
advertised bid for 2,800 tons of Quick Lime.
The City Clerk announced that the bids would be tabulated and considered at the
December 9, 2008 City Council Meeting.
Th esa Schyma Deputy City Clerk