12-08-09 RegularJ
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
December 8, 2009
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; and Tom Fitzhenry.
Members Absent: Pat Elliott and Fred Wroge.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director;
Mike Eastling, Public Works Director; Barry Fritz, Public Safety Director; Jim
Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Robert
Hintgen, Utilities Superintendent; Corrine Heine, City Attorney; and Cheryl
Krumholz, Recording Secretary.
M/Sandahl, S/Fitzhenry to determine the absences of Council Member Wroge and Council Member
Elliott from the Regular City Council Meeting of December 8. 2009 as excused absences.
Motion carried 3-0.
OPEN FORUM
None.
PRESENTATION OF COLORS AND 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 (1) Special City Council Worksession of
November 10, 2009; (2) Regular City Council Meeting of November 10 2009 (3) Special City Council
Worksession of November 24, 2009 (4) Regular City Council Meeting of November 24 2009 and (5)
Special City Council Meeting (Truth-in-Taxation) of November 30 2009.
Motion carried 3-0.
Item #1 RICHFIELD FOUNDATION AWARDING OF GRANTS
Mayor Goettel, Richfield- Foundation Chair, presented grants to Family Children's Services, City of
Richfield Cinco de Mayo Celebration, Richfield Ready, VEAP, Fraser School, and Loaves and Fishes.
Item #2 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
• SPECIAL CITY COUNCIL MEETING TO CONDUCT ADVISORY
COMMISSION INTERVIEWS
Council Member Sandahl announced snowplowing of City streets will begin at 4 a.m.
Council Member Fitzhenry stated the Welcome to Richfield booklet is on the City's website.
Council Member Fitzhenry provided an update on the H1N1 vaccine clinics.
Mayor Goettel acknowledged the thank-you notes received from the Girl Scouts group who recently
toured City Hall.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Sandahl , S/Fitzhenry to approve the agenda.
Motion carried 3-0.
Item #4 CONSENT CALENDAR
A. Consideration of approval of resolution authorizing Richfield Fire Services Department acceptance
of five miscellaneous grant donations totaling $550 from City residents .during 2009 S.R. No. 243
RESOLUTION NO. 10325
RESOLUTION AUTHORIZING ACCEPTANCE OF FIVE (5) MISCELLANEOUS
DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE
THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH
AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS
This resolution appears as Resolution No. 10325.
B. Consideration of approval of resolution reappointing Abisola Omiwade, Raj Bhakta and Adam Selby
to Richfield Tourism Promotion Board for three-year terms ending December 31, 2012 S.R. No.
244
RESOLUTION NO. 10326
RESOLUTION REAPPOINTING REPRESENTATIVES
TO THE BOARD OF DIRECTORS OF
THE RICHFIELD TOURISM PROMOTION BOARD, INC.
This resolution appears as Resolution No. 10326.
C. Consideration of approval of Public Health Emergency Response I-II-III from Centers for Disease
Control through MN Department of Health to use for vaccination clinics, supplies and planning for
mass dispensing within community relating to H1N1 S.R. No. 245
D. Consideration of approval of contract change order #2 for Ice Arena rink one roof to remove and
replace deteriorated plywood decking. and perlite insulation and install ice and vapor barrier in
remaining deteriorated areas in amount of $20,003 S.R. No. 246
E. Consideration of approval of contract to Graymont (WI), LLC Company for quick lime for water
treatment in amount of $168,000 ($120/ton) for 2010 S.R. No. 247
F. Consideration of approval of the following 2010 renewal of business licenses for 3.2 percent malt
liquor sales and 2010 license renewals to operate businesses in Richfield: S.R. No. 248
License to Sell 3.2 Percent Malt
Liquor
Airport Bowl - On-Sale
Aldi Foods -Off-Sale
Davanni's Pizza - On-Sale
EI Jalapeno -Off-Sale
Kwik Way Foods -Off-Sale
RBF Corporation of Wisconsin
(Rainbow Foods) -Off-Sale
Richfield U.S. -Off-Sale
Sandy's Tavern - On-Sale
SuperAmerica #4186 -Off-Sale
SuperAmerica #4188 -Off-Sale
SuperAmerica #4191 -Off-Sale
SuperAmerica #4615 -Off-Sale
Target Corporation -Off-Sale
Vina Restaurant - On-Sale
License to Operate in Richfield
A New Star Limousine & Taxi Service - 10
vehicles
Airport Taxi - 11 vehicles
Black & White Taxi - 5 vehicles
Ecuadorian Express - 3 vehicles
Gold Star Taxi - 27 vehicles
Latino Americano - 8 vehicles
Latino Express - 10 vehicles
Suburban Taxi Corporation - 5 vehicles
Twin Cities Airport Taxi - 13 vehicles
Paul's Rentals & Sales -Trailers and Trucks
Rental
M/Goettel, S/Sandahl to approve the Consent Calendar
Motion carried 3-0.
Council Meeting Minutes -4- December 8, 2009
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #6 PUBLIC HEARINGS REGARDING 2010 PAWNBROKER AND SECONDHAND
GOODS DEALER LICENSE RENEWALS:
A. Metro Pawn & Gun, Inc., 7529 Lyndale Avenue S.R. No. 249
B. University Cash Company, LLC d/b/a Avi's Pawn and Jewelry, 6414
Nicollet Avenue S.R. No. 250
Council Member Fitzhenry presented Staff Report No. 249.
Mark Nichols, Metro Pawn & Gun, was present for questions.
M/Goettel, S/Sandahl to close public hearing.
Motion carried 3-0.
M/Fitzhenry, S/Sandahl to approve the renewal of the 2010 Pawnbroker and Secondhand
Goods Dealer licenses for Metro Pawn & Gun Inc. 7529 Lyndale Avenue.
Motion carried 3-0.
Council Member Fitzhenry presented Staff Report No. 250.
Andy Strauss, Avi's Pawn and Jewelry, was present for questions.
M/Goettel, S/Sandahl to close public hearing.
Motion carried 3-0.
M/Fitzhenry, S/Goettel to approve the renewal of the 2010 Pawnbroker and Secondhand
Goods Dealer licenses for University Cash Company LLC d/b/a Avi's Pawn and Jewelry 6414
Nicollet Avenue.
Motion carried 3-0.
Item #7 PUBLIC HEARINGS REGARDING 2010 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. 251
B. Minneapolis-Richfield American Legion Post 435, 6501 Portland
Avenue S.R. No. 252
Council Member Fitzhenry presented Staff Report No. 251.
Council Meeting Minutes -5- December 8, 2009
M/Goettel, S/Sandahl to close public hearing.
Motion carried 3-0.
M/Fitzhenry, S/Sandahl to approve the renewal of 2010 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.
Motion carried 3-0.
Council Member Fitzhenry presented Staff Report No. 252.
M/Sandahl, S/Goettel to close public hearing.
Motion carried 3-0.
M/Fitzhenry, S/Sandahl to approve the renewal of 2010 Club On-Sale and Sunday Liquor
Licenses for Minneapolis-Richfield American Legion Post 435 6501 Portland Avenue.
Motion carried 3-0.
Item #8 PUBLIC HEARINGS REGARDING 2010 ON-SALE WINE AND 3.2 PERCENT
MALT LIQUOR LICENSE RENEWALS:
A. Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue S.R.
No. 253
B. Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Aven
S.R. No. 254
C. Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902
West 66th Street S.R. No. 2556
D. The. Noodle Shop-Colorado, Inc., d/b/a Noodles and Company, 7630
Lyndale Avenue S.R. No. 256
E. John E. Powers & Associates, Inc. d/b/a Lariat Lanes, 6320 Penn
Avenue S.R. No. 257
F. Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Cafe, 2928
West 66th Street S.R. No. 258
Council Member Sandahl stated that one public hearing would be conducted for all licenses
but if someone wished to speak about a specific license, that establishment should be identified.
Council Member Sandahl presented Staff Report No.'s 253 through 258.
M/Sandahl, S/Fitzhenry to close public hearing.
Motion carried 3-0.
M/Sandahl, S/Goettel to approve the renewal of 2010 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 John E Powers & Associates Inc d/b/a Lariat Lanes 6320
Penn Avenue; and Patrick's French Bakery Inc d/b/a Patrick's Bakery & Cafe 2928 West 66th
Street (sub-ect to providing an accountant's statement by the end of the year).
Council Meeting Minutes -6- December 8, 2009
Motion carried 3-0.
Item #9 PUBLIC HEARINGS REGARDING 2010 ON-SALE INTOXICATING AND
SUNDAY LIQUOR LICENSE RENEWALS:
A. The Frenchman's, 1400 East 66th Street (includes 2 a.m. closing)
S.R. No. 259
B. EI Tejeban Mexica Grill, LLC, d/b/a EI Tejeban Mex. Grill, 2 West 66th
Street (includes 2 a.m. closing) S.R. No. 260
C. Wiltshire Restaurants, LLC, d/b/a Houlihan's Restaurant & Bar, 6601
Lyndale Avenue (includes outside service) S.R. No. 261
D. Don Pablo's Operating Corp., d/b/a Don Pablo's, 980 West 78th
Street S.R. No. 262
E. Paisan Inc., d/b/a Khan's Mongolian Barbeque, 500 East 78th Street
S.R. No. 263
F. Champp's Operating Corporation d/b/a Champp's Restaurant, 790
West 66th Street S.R. No. 264
G. HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue
S.R. No. 265
Mayor Goettel presented Staff Report No.'s 259 through 264.
M/Sandahl, S/Fitzhenry to close public hearing.
Motion carried 3-0.
M/Goettel, S/Sandahl to approve renewal of the 2010 On-Sale Intoxicating and Sunday
Liquor Licenses for The Frenchman's 1400 East 66th Street (includes 2 a m closing)~ Ef
Tejeban Mexica Grill LLC d/b/a EI Tejeban Mex Grill 2 West 66th Street (includes 2 a m
closmg); Wiltshire Restaurants LLC d/b/a Houlihan's Restaurant & Bar 6601 Lyndale Avenue
~mcludes outside service) 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 and Champp's
Operating Corporation d/b/a Champp's Restaurant 790 West 66th Street.
Motion carried 3-0:
Mayor Goettel presented Staff Report No. 265.
Public Safety Director Fritz explained the nature of police calls is different than other liquor
establishments because Jun Bo has dances and promotional events that draw very large crowds
which lend toward increased police calls.
City Manager Devich stated the concern overall is the over-serving of liquor to the
customers which could result in a dangerous situation.
Danny Lo, Jun Bo Manager, discussed how over-serving is addressed and monitored in the
establishment by security.
Council Member Fitzhenry questioned the monitoring of drinking while in the car in the
parking lot.
Mr. Lo was unclear as to what level he could control that issue.
Council Meeting Minutes -7- December 8, 2009
Council Member Fitzhenry stated that Mr. Lo could have the customers removed because it
is his property. He suggested the lot be more closely monitored.
Mayor Goettel suggested a more aggressive approach by security.
City Manager Devich stated the license could be renewed with the City Council direction of
staff monitoring contacts in 2010 and, if there are repeated police contacts, have Public Safety
return to the City Council with recommended conditions to continue the license.
Council Member Sandahl questioned if the City could recover their costs for extra
monitoring.
City Attorney Heine explained the ordinance does not provide for recovery of costs but she
would review the ordinance and State Statute.
M/Sandahl, S/Fitzhenry to close public hearing..
Motion carried 3-0.
M/Goettel, S/Sandahl to approve renewal of the 2010 On-Sale Intoxicating and Sunday
Liquor Licenses for HKD Lo Inc. d/b/a Jun Bo Chinese Restaurant 7717 Nicollet Avenue with
the condition of Public Safety monitoring the establishment and providing the City Council with a
quarterly report.
Motion carried 3-0.
Mr. Lo asked about the application being shortened for the establishments that are renewing
their licenses because each year the paperwork is redundant and copies are not permitted.
Public Safety Director Fritz stated that staff will consider a shortened renewal application.
Item #10 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING
SECTION 930 OF RICHFIELD CITY CODE RELATING TO REGULATION OF
NOISE AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE S.R. NO. 266
Council Member Fitzhenry presented Staff Report No. 266.
M/Goettel, S/Sandahl to close public hearing.
Motion carried 3-0.
M/Fitzhenry, S/Sandahl that this constitutes the second reading of Bill No 2009-21
amending Section 930 of Richfield City Code relating to regulation of noise 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. 10327
RESOLUTION APPROVING SUMMARY PUBLICATION OF
BILL NO. 2009-21
Council Meeting Minutes -8- December 8, 2009
Motion carried 3-0. This resolution appears as Resolution No. 10327.
Item #11 PUBLIC HEARING REGARDING WATER UTILITY CONSERVATION RATE
STRUCTURE AND STORM WATER 2010 PROPOSED RATE INCREASE AND
RESOLUTION ESTABLISHING UTILITY RATES S.R. NO. 267
Council Member Sandahl presented Staff Report No. 267.
M/Goettel, S/Sandahl to close public hearing.
Motion carried 3-0.
M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10328
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
Motion carried 3-0. This resolution appears as Resolution No. 10328.
Item #12 CONSIDERATION OF RESOLUTIONS APPROVING 2009 REVISED/2010
PROPOSED BUDGET AND TAX LEVY AND RELATED RESOLUTIONS
S.R. NO. 268
Mayor Goettel presented Staff Report No. 268.
Council Member Sandahl suggested the City Council approve the tax levy adopted in
September, rather than the reduced levy presented this evening, because Local Government Aid
(LGA) allotments are uncertain.
City Manager Devich stated the final levy anticipates a reduction in LGA.
Mayor Goettel said she was not supportive of adopting the higher levy proposed in
September.
M/Goettel, S/Fitzhenry that the following resolutions be adopted and that they be made part
of these minutes:
RESOLUTION NO. 10315
RESOLUTION RELATING TO THE 2010 MANAGEMENT
SALARY COMPENSATION PLAN
Council Meeting Minutes -9- December 8, 2009
RESOLUTION NO. 10316
RESOLUTION RELATING TO THE 2010 GENERAL SERVICES
SALARY COMPENSATION PLAN
RESOLUTION NO. 10317
RESOLUTION RELATING TO THE JANUARY 2010 SPECIALIZED
PAY PLAN
RESOLUTION NO. 10318
RESOLUTION AUTHORIZING REVISION OF 2009 BUDGET OF
VARIOUS DEPARTMENTS
RESOLUTION NO. 10319
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2010
RESOLUTION NO. 10320
RESOLUTION ADOPTING THE 2010 CAPITAL IMPROVEMENT
BUDGET
RESOLUTION NO. 10321
RESOLUTION ADOPTING THE 2011-2014 CAPITAL
fMPROVEMENT PROGRAM
RESOLUTION NO. 10322
RESOLUTION RELATING TO PURCHASING PRACTICES IN THE
CITY OF RICHFIELD AMENDING RESOLUTION NO. 8298
RESOLUTION NO. 10323
RESOLUTION AUTHORIZING ADJUSTMENT TO CITY'S MILEAGE
REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE
SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE
RESOLUTION NO. 10324
RESOLUTION AUTHORIZING BUDGET REVISIONS
Motion carried 3-0. These resolutions appear as Resolution No.'s 10315 through 10324.
Item #13 CONSIDERATION OF EXECUTION OF STIPULATION OF SETTLEMENT WITH
RICHFIELD HOTEL ASSOCIATES, LLP REGARDING TAKING FROM RAMADA
INN PROPERTY IN CONNECTION WITH LYNDALE AVENUE BRIDGE PROJECT
S.R. NO. 269
Council Meeting Minutes -10- December 8, 2009
Mayor Goettel presented Staff Report No. 269.
M/Goettel, S/Sandahl to approve execution of stipulation of settlement with Richfield Hotel
Associates, LLP regarding taking from Ramada Inn property in connection with Lyndale Avenue
Bridge project.
Motion carried 3-0.
Item #14 CITY MANAGER'S REPORT
City Manager Devich provided an update on the City Hall construction, including today's
removal of the two homes to the south.
The City Council requested January dates for the interviewing of advisory commission
applicants be provided to them.
Council Member Sandahl requested the City Council be provided with the Bike Trail Task
Force applications being. prepared by the Transportation Commission.
Item #15 CLAIMS AND PAYROLL
M/Sandahl, S/Fitzhenry that the following claims and payrolls be approved:
U.S. BANK 12-08-09
A/P Checks: 190616 - 191004 $ 1,282,106.40
PAYROLL 62614 - 62927; 41461 - 41463 $ 498,330.12
TOTAL $ 1,780,436.52.
Motion carried 3-0.
OPEN FORUM
None.
The City Council meeting was adjourned by unani ous consent at 8:41 p.m.
Date Approved: December 8, 2009
:./e' f (~ M a
Cheryl Krumholz . Devic
Recording Secretary City anager