11-10-15 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
UPhan Hometown
Regular Meeting
;
November 10, 2015
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; Edwina Garcia, Tom Fitzhenry; and
Present: Michael Howard.
Council Members
Absent: Pat Elliott.
Staff Present: Steven L. Devich, City Manager; Melissa Poehlman, Acting Community
Development Director; Jay Henthorne, Public Safety Director/Police Chief;
Jim Topitzhofer, Recreation Services Director; Betsy Osborn, Support
Services Supervisor, Kris Weiby, Facilities Manager; Mary Tietjen, City
Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
Steven Unkowsy, Richfield Public Schools Superintendent, thanked the City Council for
their support in the success of the school referenda in the recent election.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Fitzhenry, S/Howard to approve the minutes of the (1) Special City Council Worksession
of October 27, 2015; and (2) Regular City Council Meeting of October 27, 2015.
Motion carried 4-0.
Item #1 SWEAR-IN RICHFIELD POLICE OFFICERS ROBERT SMITH, PATRICK
SHEADY AND JAE QUERN
Public Safety Director Henthorne administered the swear-in of the officers.
Council Meeting Minutes -2- November 10,2015
Item #2 ANNUAL MEETING WITH THE PLANNING COMMISSION
Rick Jabs, Chair, presented the annual report.
Item #3 COUNCIL DISCUSSION
• Cancel/reschedule December 22, 2015 Regular City Council Meeting
• Hats Off to Hometown Hits
Council Member Garcia announced the Fare for All Holiday Food Package event at the
Community Center on November 17, 2015.
Recreation Services Director Topitzhofer announced the following events:
• Turkey Trailblazer 5k& 1k Run/Walk at the Wood Lake Nature Center on November
21, 2015.
• Give to the Max Day on November 12, 2015
Council Member Fitzhenry provided an update on the Beyond the Yellow Ribbon
Campaign. He also announced the Veterans' Day celebration at the Honoring All Veterans
Memorial on November 11, 2015.
Council Member Howard announced that Senator Amy Klobuchar and Lt. Governor Tina
Smith will attend the STEM School Veterans' Day event.
City Manager Devich provided an update on the Portland Avenue road construction project.
Mayor Goettel stated that a ribbon cutting ceremony will be held at the new Army recruiting
office at 66th Street/Nicollet Avenue.
M/Goettel, S/Fitzhenry to cancel the December 22, 2015 Regular City Council Meeting.
Motion carried 4-0.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry, S/Howard to approve the agenda.
Motion carried 4-0.
Item #5 CONSENT CALENDAR
A. Consideration of the approval of a resolution granting a Conditional Use Permit
and Variances to allow an auto repair shop (Pacific Auto Care) at 6600 Portland
Avenue. Staff Report No. 177
RESOLUTION NO. 11138
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
AND VARIANCES FOR AN AUTO REPAIR BUSINESS
AT 6600 PORTLAND AVENUE
This resolution appears as Resolution No. 11138.
Council Meeting Minutes -3- November 10,2015
B. Consideration of the approval of an annual request for a Temporary On Sale
Intoxicating Liquor license for the Church of St. Richard, located at 7540 Penn
Avenue South, for their Novemberfest event to take place November 14-15,
2015. Staff Report No. 178
C. Consideration of the approval of an annual request for a Temporary On Sale
Intoxicating Liquor license for St. Nicholas Episcopal Church, located at 7227
Penn Avenue South, for their Night Under A Western Sky event to take place
November 14, 2015. Staff Report No. 179
D. Consideration of the approval of setting a public hearing to be held on December
8, 2015, for the consideration of the renewal of On-Sale Intoxicating and Sunday
Liquor licenses for 2016 for Last Call Operating Co. II, Inc. d/b/a Champps
Americana, Don Pablo's Operating, LLC d/b/a Don Pablo's, El Tejaban Mexican
Grill, LLC d/b/a El Tejaban Mexican Grill, Thompson's Fireside Pizza, Inc. d/b/a
Fireside Foundry, GM Richfield, LLC d/b/a Four Points by Sheraton Minneapolis
Airport, Frenchman's Pub, Inc. d/b/a Frenchman's, Wiltshire Restaurants, LLC
d/b/a Houlihan's Restaurant & Bar, Paisan, Inc. d/b/a Khan's Mongolian
Barbeque, Lyn 65, LLC d/b/a Lyn 65 Kitchen & Bar, 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. Staff Report No. 180
E. Consideration of the approval of the setting of a public hearing to be held on
December 8, 2015, for the consideration of the renewal of On-Sale Wine and
On-Sale 3.2 Percent Malt Liquor licenses for 2016 for Chipotle Mexican Grill of
Colorado, LLC d/b/a Chipotle Mexican Grill, Davanni's, Inc. d/b/a Davanni's
Pizza & Hot Hoagies, Joy's Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya
Thai Restaurant, Minnesota Junior Hockey Group, LLC d/b/a Minnesota
Magicians (located in the Richfield Ice Arena), My Burger Operations, LLC, d/b/a
My Burger, The Noodle Shop Co. Colorado, Inc. d/b/a Noodles & Company (two
locations), Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Café, Henry
Thou d/b/a Red Pepper Chinese Restaurant. Staff Report No. 181
F. Consideration of the approval of setting a public hearing to be held on December
8, 2015, for the consideration of the renewal of Pawnbroker and Secondhand
Goods Dealer licenses for 2016 for University Cash Company, LLC d/b/a Avi's
Pawn and Jewelry and Metro Pawn and Gun, Inc. Staff Report No. 182
M/Goettel, S/Fitzhenry to approve the Consent Calendar.
Motion carried 4-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #7 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE THAT
AMENDS THE CITY'S TOBACCO ORDINANCE AND A RESOLUTION OF
SUMMARY PUBLICATION S.R. NO. 183
Council Member Howard presented Staff Report No. 183.
Mayor Goettel stated that the Advisory Board of Health has reviewed this issue for over a
year and she believed the ordinance is appropriate to regulate tobacco use, especially for children.
Council Member Howard expressed support for the ordinance because it is in the best
interest of Richfield youth and overall health, especially related to cigar and e-cigarettes. He stated
Council Meeting Minutes -4- November 10,2015
it was fair to existing businesses to be grandfathered in. He questioned how the ordinance
addresses the ability of employees in existing tobacco businesses to fix e-cigarette devices.
City Attorney Tietjen explained the ordinance defines sampling the device before purchasing
but does not speak to or deny the repair of e-cigarette devices.
M/Howard, S/Fitzhenry that this constitutes second reading of Bill No. 2015-13, an
ordinance amending Section 1146 of the City Code pertaining to tobacco sales and the regulation
of smoking and 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. 11139
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE PERTAINING TO TOBACCO SALES AND THE REGULATION OF SMOKING
Motion carried 4-0. This resolution appears as Resolution No. 11139.
Item #8 CONSIDERATION OF A SECOND READING OF AN AMENDMENT TO THE
CITY'S LIQUOR ORDINANCE IN SECTION 1202 THAT WOULD PERMIT
MICRO-BREWERIES, MICRO-DISTILLERIES, ASSOCIATED TAPROOMS AND
COCKTAIL ROOMS IN THE CITY AND A RESOLUTION AUTHORIZING
SUMMARY PUBLICATION OF THE ORDINANCE S.R. NO. 184
Council Member Fitzhenry presented Staff Report No. 184.
M/Fitzhenry, S/Goettel that this constitutes second reading of Bill No. 2015-14,an ordinance
amending Section 1202 of the City Code pertaining to licenses for micro-production facilities and
on-sale taprooms and cocktail rooms, and 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. 11140
RESOLUTION APPROVING SUMMARY PUBLICATION OF
AN ORDINANCE PERTAINING TO LICENSES FOR MICRO-PRODUCTION
FACILITIES AND ON-SALE TAPROOMS AND COCKTAIL ROOMS
Council Member Fitzhenry proposed a friendly amendment to the ordinance in Subdivision
18 to remove the 50 percent food requirement.
M/Fitzhenry, S/Goettel to amend Subdivision 18a of the ordinance to eliminate the
requirement that restaurants' total sales must be more than 50 percent related to the serving of
food.
Motion carried 4-0. This resolution appears as Resolution No. 11140.
Motion carried 4-0. (amendment)
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 ORDINANCE WOULD
CONDITIONALLY PERMIT MICRO-BREWERIES, MICRO-DISTILLERIES AND
ASSOCIATED TAPROOMS/COCKTAIL ROOMS IN A NUMBER OF
COMMERCIAL AND MIXED USE DISTRICTS S.R. NO. 185
Mayor Goettel presented Staff Report No. 185.
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M/Goettel, S/Fitzhenry that this constitutes the second reading of Bill No. 2015-15, an
ordinance amending the Richfield City Code to allow micro-production facilities and
taprooms/cocktail rooms in commercial and mixed-use zoning districts and 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. 11141
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE TO CONDITIONALLY PERMIT MICRO-PRODUCTION
FACILITIES AND TAPROOMS/COCKTAIL ROOMS IN
COMMERCIAL AND MIXED-USE ZONING DISTRICTS
Motion carried 4-0. This resolution appears as Resolution No. 11141.
Item #10 CONSIDERATION OF NEW 2016 ON SALE WINE AND 3.2 PERCENT MALT
LIQUOR LICENSES FOR MINNESOTA JUNIOR HOCKEY GROUP, LLC D/B/A
MINNESOTA MAGICIANS LOCATED AT THE RICHFIELD ICE ARENA, 636
EAST 66TH STREET S.R. NO. 186
Council Member Garcia presented Staff Report No. 186.
Council Member Garcia stated that the Chammps liquor license will continue through the
end of 2015 and the Magicians liquor license is effective January 2016.
M/Garcia, S/Goettel to approve the new 2016 on sale wine and 3.2 percent malt liquor
licenses for Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians located at the
Richfield Ice Arena, 636 East 66`" Street.
Motion carried 4-0.
Item #11 CITY MANAGER'S REPORT
City Manager Devich encouraged residents to visit Richfield Connect to provide their
feedback on the new posted questions.
Item #12 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Howard that the following claims and payrolls be approved:
U.S. Bank 11/10/15
NP Checks: 245198-245644 $ 1,418,899.74
Payroll: 114480-114803 $ 558,925.40
TOTAL $ 1,977,825.14
Motion carried 4-0.
OPEN FORUM
None.
Council Meeting Minutes -6- November 10,2015
Item #13 ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 8:03 p.m.
Date Approved: November 24, 2015
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Cheryl rum o z -ve L. De '"1I
Executive Coordinator City Manager